HomeMy WebLinkAbout092 - 12/07/1976 - AMENDING SECTION 2-34 OF THE CITY CODE AUTHORIZING THE WITHDRAWAL AND REPAYMENT OF AMOUNTS PAID INTO ORDINANCE NO 92 1976
BEING AN ORDINANCE AMENDING SECTION 2-34
OF THE CODE OF THE CITY OF FORT COLLINS
AUTHORIZING THE WITHDRAWAL AND REPAYMENT
OF AMOUNTS PAID INTO THE FUND BY A FIREMAN
WHO TERMINATES SERVICE IN THE DEPARTMENT
WHEREAS, heretofore on May 14, 1970, the Firemen's Pension Board
by motion adopted the rule that all contributions to the Firemen's 4
Pension Fund after July 1, 1970, by members of the Fire Department are
eligible to be withdrawn by any fireman to the extent of his contribution,
upon termination of his services in the Department other than by retirement
or disability, and
WHEREAS, on June 4, 1975, pursuant to a decision of the Colorado
Court of Appeals, which held that no portion of the employee's contributions
to pension funds upon termination is refundable, the Board voted to rescind
its action of May 14, 1970, which allowed such refunds, and
WHEREAS, the Supreme Court of Colorado has recently reversed the
above decision of the Court of Appeals and held that refunds of firemen's
pension contributions are legally permissible if such refunds are properly
authorized, and
WHEREAS, the Firemen's Pension Board on November 3, 1976 adopted
a resolution, subject to approval by the City Council of the Citv of Fort
Collins, to authorize the withdrawal and repayment of amounts paid into
the fund by any fireman who terminates service in the Fire Department
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
That Section 2-34 of the Code of the City of Fort Collins be amended,
and the sane hereby is, to read as follows
"2-34 Contributions from Salaries, Refund of Contributions
A The members of the Fire Department of the City of Fort Collins
shall f om their respective monthly salaries contribute into the
Firemen's Pension Fund of the City of Fort Collins identical
percentages monthly of their respective monthly salaries so that
the contribution of the Fire Department as a whole shall match
he contribution of the City of Fort Collins as provided for under
2-33 of this Article In order to effect such contribution, the
Director of Finance is hereby authorized and directed to deduct
the appropriate amounts, as are hereinabove described in this
section, from the respective monthly salaries of the members of
the Fort Collins Fire Department and to deposit the same in
the Firemen's Pension Fund of the City of Fort Collins
B Any member who leaves the service of the Fire Department of the
City of Fort Collins prior to becoming eligible for a pension here-
under for any reason other than such member's death or disability,
shall receive, upon demand by such member, a refund of all funds
that shall have been paid into such fund by that member provided
that such demand be made within one year from date of termination
of employment Such refund shall not include accumulated interest
on the member's contributions or any portion of the City's contribu-
tions to the Firemen's Pension Fund
C If any member has left the service of the wire Department of the
City and has received a refund of his contributions to the fund and
if thereafter such member reenters the service of the Hire Department
of the City, such member shall be entitled to pay back the amount
refunded to him, together with interest thereon at the rate of three a
percent (3%) per annum from the date the refund was made Such
amount may be paid in a lump sum or in installments as the Bqard
of Trustees of the Firemen's Pension Fund may determine To the
extent that such amount is paid back into the Firemen's Pension
Fund, previous years of service shall be credited toward such
member's eligibility for retirement
Introduced, considered favorably on first reading, and ordered
published this 23rd day of November , A D 1976, and to be presented
for final passage on the 7th day of December A D 1976
Mayor
ATTEST q
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City Clerk Deputy
Passed and adopted on final reading this 7th day of December
A D 1976
Mayor I
ATTEST
-City C erk- -
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