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HomeMy WebLinkAboutOrdinance 13674ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NOS 2999, 4060, 4250, 4304, 4354, 4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317, 7875, 8674, 8843, 9247, 9532, 10081, 10291, 10369, 10385, 10564, 10607, 10679, 11126, 11238, 11401, 11412, 11558, 11608, 11716, 12686, 13428, 13 543 and 13 6 7 3 CODIFIED AS CHAPTER 2, ARTICLE VI, DIVISION 1, ENTITLED "EMPLOYEES' RETIREMENT FUND," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, WHICH ORDINANCES ESTABLISH AND PROVIDE FOR A RETIREMENT SYSTEM, RETIItEMENT PLAN AND BENEFITS THEREUNDER FOR EMPLOYEES OF THE CITY OF FORT WORTH, PROVIDING FOR AN INCREASE IN MANDATORY MEMBER CONTRIBUTIONS BY 1 3%, PROVIDING THAT A MEMBER'S COMPENSATION BASE SHALL BE DETERMINED BASED ON THE THREE CALENDAR YEARS IN WHICH HE OR SHE HAD THE HIGHEST EARNINGS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS That Ordinance No 2999, passed and adopted by the City Council of the City of Fort Worth on the 24th day of September, A.IJ 1952, as amended by Ordinance Nos. 4060, 4250, 4304, 4354, 4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317, 7875, 8674, 8843, 9247, 9532, 10081, 10291, 10369, 10385, 10564, 10607, 10679, 11126, 11238, 11401, 11412, 11558, 11608, 11716, 12686, 13428, 13543 and 13673 be and the same is hereby amended as follows. SECTION 1 That Chapter 2, Article VI, Division 1, Section 2-203, "Members' Contributions," of the Code of the City of Fort Worth (1986), as amended, be and is hereby further amended by deleting Section A, and substituting the following language in lieu thereof, to wit: "A. Commencing on the effective date of membership and continuing until the date of actual retirement or earlier termination of employment, Police Officer Members shall contribute to the Fund seven and forty-three one-hundredths percent (7 43%) of their Earnings and all other Members shall contribute .six and ninety-five one-hundredths percent (6 95%} of their Earnings. Effective for pay periods ending after April 1, 1999, Police Officer Members shall contribute to the Fund eight and seventy-three one-hundredths percent (8 73%) of their Earnings and all other Members shall contribute eight and twenty-five one-hundredths percent (8.25%) of their Earnings. These contributions shall be made even if to do so would reduce a Member's net cash compensation below the minimum wage prescribed by law By accepting employment with the City, each Member shall be deemed to consent and agree to deductions made from the Member's compensation; and payments to all such Members of compensation, less the deduction, shall constitute a full and complete discharge of all claims and demands whatsoever for services rendered by such Member during the period covered by such payment, except as to the benefits provided by the Fund." SECTION 2 That Chapter 2, Article VI, Division 1, Section 2-207, "Compensation Base for Determining Benefits," of the Code of the City of Fort Worth (1986), as amended, be and is hereby further amended by deleting it in its entirety and substituting the following language in lieu thereof, to wit: "2.207 COMPENSATION BASE FOR DETER~NG BENEFITS Pension, death, disability and Vested termrnatron benefits shall be based upon the Member's Compensation Base which shall mean the average Earnings which were paid to the Member by the City for employment with the City durrng any five (5) calendar years in which he or she had the highest Earnings. If a Member's last day 2 of employment with the City is on or after January 1, 1999, "three (3)" shall be substituted for "five (5)" in the preceding sentence. If a Member has less than five (5) (or, if applicable, three (3)) calendar years of employment, the Member's Compensation Base shall be determined by the Executive Director under uniform, non-discriminatory procedures that are consistently applied. For Compensation Base purposes, any lump sum payments of Earnings for any prior time period, whether awarded to the Member by a court, administrative body or settlement agreement, shall be retroactively attributed to the calendar year in which it would otherwise have been received by the employee from the City for services rendered." SECTION 3 That provisions of this Ordinance shall be cumulative of and in addition to all other ordinances of the City of Fort Worth relating to pensions, which ordinances are hereby preserved and continued in force and effect; provided, however, that in the event of any conflict, the provisions of this Ordinance shall control. SECTION 4 If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this Ordinance be declared invalid or unconstitutional, the same shall not affect any other portion or provision hereof, and all other provisions shall remain valid and unaffected by any invalid portion, if any, and the City Council now says that if it had known at the time of the passage of this Ordinance that any portion of said Ordinance was invalid, it would not have adopted such invalid part. SECTION 5 The City Council finds that all acts, conditions and things required by provisions of the Constitution of Texas and Charter and Ordinances of the City of Fort Worth precedent to and in the adoption of this Ordinance have been done, have happened and have been performed in proper and lawful time. SECTION 6 This Ordinance .shall be m full force and effect from and after April 1, 1999 and it is so ordained. APPROVED AS TO FORM AND LEGALITY CITY ATTO DATE. ~ - ~ r ~J y ADOPTED• / -S- q ~/ VEDALOI :BOA485/58000/55192.1 City of Fort Worth, Texas ~1-~Ayar And Caunc~l Cammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 1/5/99 G-12428 13RETIRE-3 1 of 1 SUBJECT ADOPTION OF ORDINANCE AMENDING THE RETIREMENT ORDINANCE TO INCREASE MEMBER CONTRIBUTIONS BY 1 3% OF EARNINGS AND TO CHANGE THE METHOD OF CALCULATION OF PENSION BENEFITS RECOMMENDATION It is recommended that the City Council adopt the attached amendment to the City Retirement Ordinance. DISCUSSION The Board of Trustees of the Retirement Fund recommends that the attached amendment to the City Retirement Ordinance be adopted The ordinance increases member contributions to the Retirement Fund by 1.3% of earnings. The ordinance also changes the method of calculation of pension benefits so that such calculations are based on a member's "high three" years of earnings, rather than the current method which uses the "high five" years of earnings. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that no additional expenditures of City funds are required for this action CB.j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 Originating Department Head: CITY CnUNC~L Jim Keyes 8517 (from) JAN 5 Additional Information Contact: ,~., ~~~J City Secretary of the Tosaa` h George Nicolaides 536-6790 . Citq of Fart V9ort Adopted O~i~~~~ ~.o. 3