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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contributions to the Firemen's 4 Pension Fund after July 1, 1970, by members of the Fire Department are eligible to be withdrawn by any fireman to the extent of his contribution, upon termination of his services in the Department other than by retirement or disability, and WHEREAS, on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 Ulf D7�.vJLX�-r.�.-t,eX City Clerk Deputy Passed and adopted on final reading this 7th day of December A D 1976 Mayor I ATTEST -City C erk- - t