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HomeMy WebLinkAbout2000-090-07/18/2000-AMENDING THE FIREFIGHTERS PENSION PLAN RESOLUTION 2000-90 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS FIREFIGHTERS' PENSION PLAN WHEREAS, on January 21, 1986, the City Council adopted the City of Fort Collins Firefighters' Pension Plan (as restated January 1, 1986) (the "Plan") for City of Fort Collins firefighters hired before April 8, 1978; and WHEREAS, in 1990, the City Council adopted an amendment to the Plan which allowed active employee participants in the Plan the option of converting to a separate money purchase pension plan; and WHEREAS, in 1991, all active employee participants in the Plan chose to convert to a separate money purchase pension plan,leaving only retired participants and beneficiaries in the Plan; and WHEREAS,the Board of Trustees of the Plan has recommended that the City Council amend the Plan to provide a one-time cost of living benefit increase plus an annual cost of living increase in the amount of 1%each subsequent year to the remaining retirees and beneficiaries of the Plan;to utilize all of the assets of the Plan for the purchase of non-transferable annuities to fund all future benefits payable under the Plan, including the cost of living benefit increase; and to then terminate the Plan; and WHEREAS,the Plan participants have voted unanimously to approve the one-time monthly cost of living benefit increase and the annuitization of the Plan; and WHEREAS, the proposed amendments to the Plan will increase the benefits to the Plan retirees and beneficiaries without increasing the City's funding obligation; and WHEREAS,Articles XIV and XV of Plan specifically authorize the City Council to amend and terminate the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That the City of Fort Collins Firefighters' Pension Plan is hereby amended by adding thereto a new Article XVII, which shall read as follows: 1 ARTICLE XVII Cost of Living Benefit 17.1 One-Time Cost of Living Benefit: Upon the annuitization of the Plan as described in Article XVIII,the monthly benefit of each retired Participant and beneficiary who is then receiving a monthly pension benefit under the Plan shall be increased by $150.00 plus an amount equal to the product of the recipient's current monthly benefit amount and 10%of the cumulative yearly inflation,as measured by the Denver/Boulder Consumer Price Index, from the year in which the recipient began receiving the Plan's monthly pension benefit through 1998. 17.2 Annual Cost of Living Benefit: Providing the annuitization of the Plan as described in Article XVIII occurs, the monthly benefit of each retired Participant and beneficiary who is then receiving a monthly pension benefit under the Plan shall be increased by 1% per year beginning one year from the date of annuitization or September 1, 2001, whichever is later. 17.3 Contingency: The cost of living benefits described in subsections 17.1 and 17.2 shall not be implemented unless and until the annuitization of the Plan occurs as described in Article XVIII of this Plan. In the event that the annuitization of the Plan as set forth in Article XVIII is determined to be invalid by a court of competent jurisdiction after the cost of living benefits described in subsections 17.1 and 17.2 are implemented, such cost of living benefits shall be terminated. Section 2. That the City of Fort Collins Firefighters' Pension Plan is hereby amended by adding thereto a new Article XVIII, which shall read as follows: ARTICLE XVIII Annuitization and Termination of the Plan 18.1 Providing the assets of the Plan are sufficient, the City's Finance Director shall use reasonable effort to purchase non-transferable annuities in an amount sufficient to pay the required benefits, including the cost of living benefits described in subsections 17.1 and 17.2, to those persons who continue to receive benefits from the Plan. The annuities shall be purchased only from insurance companies rated at least A+ by the A.M. Best company or rated at least AA by Standard & Poors Corporation. If there is a default on the payment of benefits resulting from an annuity purchased under this subsection, the City shall remain liable to make any required benefit payments to persons for whom the annuities were purchased. 2 18.2 In the event that all assets of the Plan are not exhausted to purchase the annuities described in subsection 18.1,the remaining assets of the Plan shall be used to purchase or enhance annuities to increase the cost of living benefit described in subsection 17.1 by increasing the 10% of cumulative yearly inflation factor set forth in subsection 17.1 until all assets of the Plan are exhausted. In no event shall any assets of the Plan be returnable to the City except as set forth in subsection 15.4. 18.3 Termination of Plan: Upon the annuitization of the Plan as set forth in subsections 18.1 and 18.2, the Plan shall be terminated. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held the I8th day of July, A.D. 2000. Mayor ATTEST: City Clerk - 07"e- /a Y 3