HomeMy WebLinkAbout45 of 1947 - Repealing Sections 136, 137 and 138 relating to pension retirement system and of a Board of Appeal. 1 0VOTING AYE NAY MAY N' h
Salt Lake City, Utah, ` , 194
Affleck
Matheson . . . I move that the ordinance be passed.
Romney G
Tedesco t �v
Mr.Chairman . . .
AN ORDINANCE
Result /
AN ORDINANCE REPEALING SECTIONS 136, 137, AND 138 of
Chapter I of the Revised Ordinances of Salt Lake City, Utah, 1944,
as heretofore enacted and amended, and amending said Chapter I by
adding thereto three new sections to be known as Sections 136, 137,
and 138 relating to administration, and providing for the creation
and maintenance of the pension retirement system and of an appeal
board pursuant to Chapter 19 of the Session Laws of Utah, 1947.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. That Sections 136, 137, and 138 of Chapter 1
of the Revised Ordinances of Salt Lake City, Utah, 1944, as here-
tofore enacted and amended be and the same are hereby repealed.
SECTION 2. That Chapter 1 of the Revised Ordinances of
Salt Lake City, Utah, 1944, be and the same is hereby amended by
adding in end to said Chapter three new sections to be known as
Sections 136, 137, and 138, relating to administration, which shall
read as follows:
"SECTION 136. PENSION RETIREENT SYSTEM CREATED. (a) A
pension retirement system is hereby established for the benefit
of the employees of Salt Lake City.
(b) Any employee who has reached or shall reach the age
of sixty years and who has been an employee of the City for
twenty years, at the option of the Loard of Commissioners, or
who has reached or shall reach the age of sixty-five years
and has been an employee of the City for twenty years or who
has or shall roach the age of sixty years and has been an
employee of the City for thirty years or more, at his own
request,may be retired from active service at any time on or
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after July 1, 1947, and receive a monthly pension for the re-
mainder of his life in an amount equal to one-half of his aver-
age monthly wage or salary during the five years next preced-
ing his retirement, as hereinafter computed, but in no event
shall any such pension exceed One Hundred C400.00) Dollars per
month. The average monthly wage shall be computed as follows:
The average yearly total sum paid in wages or salary over
the last five years of service rendered to the City next pre-
ceding retirement shall be computed and one twelfth of such
average yearly sum shall constitute the average monthly wage
or salary hereunder.
(c) The pension retirement system shall be sustained by
monies provided by the City and by payroll deductions from
wages and salaries of employees. On the first day of each
month hereafter, there shall be deducted 3 per cent from the
monthly wage or salary of each employee, provided that no
deduction shall be made from any such wage or salary payable
in excess of ,200.00 per month. On the first day of each
month hereafter the City shall provide a sure equal to the
total of all such deductions, both the money deducted from
salaries and wages and the sum provided by the City shall be
deposited with the City Treasurer in a special fund desig-
nated as the pension. t,etirement l'und.
(d.) The _ension Retirement Fund, except as provided in
Section 137, shall be devoted exclusively to the payment of
pensions to employees under this Pension •:retirement System,
and shall be paid out by the City Treasurer upon order of the
Board of Commissioners and not otherwise, except as hereinafter
provided.
(e) Upon order of the board of Commissioners the City
Treasurer shall invest in securities lawful for the investment
of funds of the City, such part of the Pension Retirement fund
as in its judgment is not necessary to the payment of current
charges against it, and upon its order• he shall reconvert the
same into money.
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(f) Upon termination, by discharge, resignation, or
death, of the employment of any employee, the total of all
moneys deducted from his salary or wage shall be refunded to
him or to his designated beneficiary or to his estate, and
if he again becomes an employee he shall pay into the .i'ension
metirement Fund the amount refunded and be restored to the
position. in the Tension retirement System which he held at the
time of the discharge or resignation.
(g) The term employee as used in this section means any
person, including appointive officers and heads of departments
other than elected officers and those in the Classified Civil
Service, who were, on anuary 1, 1946, in the service of the
City on a regular and continuing employment basis, and those
who were employed after January 1, 1946, who shall have been
in the service of the Pity on a regular and continuing basis
of employment for not less than one year after the commence-
ment of their service with the Pity; provided, however, that
any person employed after the effective date of this ordinance
who, at the time of employment shall be fifty or more years
of age shall not participate or have part in the pension
retirement system (including Disability retirement benefits
established by Section 137) established under this ordinance
and no deductions shall be made from his wages or salary on
account of such pension retirement system.
(h.) All persons, including appointive officers and heads
of departments, other than elected officers and those in the
classified Pivil Service, who were in the employ of the Jity
on the 1st day of January, •1946, shall be entitled to credit
toward retirement the entire time of prior employment with the
City, whether continuous or not, and any person who became
employed by the City since January 1, 1946, and before the
effective sate of this ordinance may, after remaining contin-
uously in the employ of the City for more than one year, obtain
credit toward retirement such past year of employment with the
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City by paying into the pension retirement fund an amount
equal to one year's payroll deductions based upon his present
salary or wage. ;o one who enters the employ of Salt Lake
City after the effective date of this ordinance shall be
entitled to credit toward retirement the time of any previous
employment, provided, that anyone entering the employ of Salt
Lake City after the effective date of this ordinance may,
after remaining continuously in the eilalov of the ,;ity for
more than one year, obtain credit toward retirement for his
first year of service by paying into the pension retirement
fund an amount equal to one year's payroll deductions based
upon the salary or wage paid during said year, and provided
further, that anyone who was in the employment of the City
at the time he entered the armed. services of the Lnited States
during orld :ar II, shall be deemed an employee during the
time of such service if within thirty days after its termin-
ation he returned to such employment and, if his return is
subsequent to ban nary 1, 1946, he pays into the pension
retirement fund the total amount that would have been deducted
from his wage or salary had his return been on or prior to
that date.
eal money heretofore deducted i'rom wages or salaries for
the benefit of the pension retirement fund heretofore created,
except such money as has heretofore been deducted from the
salary or wages of librarians, assistants, and employees of
the kublic Library of the City, and all money heretofore paid
by the City into said pension retirement fund heretofore
created, except the money paid into said fund by the City to
match money paid therein from deductions from wages and sal-
aries of librarians, assistants, and employees of the ,'ublic
Library of the City, shall be retained on deposit with the
City Treasurer as a part of the pension retirement fund pro-
vided. for hereunder.
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(i) The terms "City" and "Salt Lake City," as used in
this ordinance, mean the municipal corporation of Salt Lake
City, Utah.
(j) The administrative expense of the :Pension Retirement
System shall be borne by the City.
"SECTION 137. DISABILITY RETIREMENT BENEFITS FOR
EMPLOYEES. Except as hereinafter provided, any appointive officer
or employee, es defined in Section 136 (g) hereinabove contained,
who shall have reached the age of sixty years or more and who shall
have been continuously employed in the service of Salt Lake City
not less than ten years immediately prior to reaching such age, or
who shall not have reached the age of sixty years but who shall
have been continously employed in the service of Salt Lake City in
excess of twenty years, upon furnishing to the satisfaction of the
Board of Commissioners of Salt Lake City evidence that he, because
of existing disability, is unable to perform the duties required
of him by his employment, may be relieved of such duties and his
services with the City terminated and therefrom and thereafter
cease to be en employee of Salt Lake City, by order of the Board
of Commissioners and be paid each month thereafter an amount as
follows:
Where the employee has been in the service of the City
continuously for more than twenty years, an amount equal to
one-half of his average monthly wage rate received for a
period of five years immediately next prior to being so
relieved; provided, however, that in no instance shall any
such payment exceed glO0.00 per month; where the employee has
been in the service of the City continuously for more than
ten years but not in excess of twenty-years, the payments
shall be computed by years in twentieths in the relative
proportion that the number of years served (ten or more)
bears to the full benefits as are hereinabove provided.
Six months after the commencement of payment of disabil-
ity retirement benefits hereunder, and at the end of every
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six months thereafter, the retired employee shell furnish to
the City a certificate under oath of a physician duly licensed
and practicing under the laws of the State or Country wherein
said retired employee is residing, certifying as to the present
condition of said employee with reference to his ability to
carry on remunerative employment; and said employee shall also
at the same time furnish. to the City his own statement under
oath as to whether he is or is not carrying on remunerative
employment.
All said payments shall cease either upon death or when
the Board of City Commissioners shell determine that said dis-
ability has ceased or that said employee is gainfully employed.
The retirement disability benefits hereunder shall be deemed
included within and a part of the pension system provided for
by Section 136 above. The funds to pay said retirement disa-
bility benefits shall come first from any money deducted from
the wages or salary of the retired employee and paid into the
pension retirement fund, and thereafter from funds provided
for that purpose by the City.
No employee shall be entitled to disability' retirement
benefit payments hereunder during such time as he is being
paid compensation under the workmen's compensation statutes
of Utah. Upon the termination of workmen's compensation
payments, disability retirement benefits shall be paid here-
under, provided that at that time the person claiming the
same is an employee of the City and is eligible to have such
benefits under the foregoing provisions of this Section.
"SECTION 138. CREATION OF APPEAL SOARS AND SELECTION OF
MEIvh3ERSHIP THEREOF. There is hereby created an appeal board to
have the powers end to perform the duties as provided for by
Chapter 19 , Session Laws of Utah, 19Lf7, to consist of five mem-
bers, three of whom shall be chosen by and from the appointed
officers and employees and two of whom shall be city commissioners,
said members to hold office for a term of two years and to be chosen
as follows:
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(a) The three appointive officer and employee members
shell be chosen by ballot, each appointive officer or employee
of the City being entitled to cast one vote for each memberto
be chosen. A general meeting of the appointive officers and
employees of the City shall be held on the second Tuesday of
January, 1948, at which .meeting the said officers and employees
shall elect three appointive officer end employee members to
serve on said appeal board. At least ten days prior to the
holding of said meeting, the City Commission shall appoint some
appointive officer or employee to act as secretary of said
meeting and notice of said meeting shell be given by said sec—
retary posting notice thereof in a conspicuous place in each
of the five city departments continuously for at least five
days prior to the date of said meeting. The three persons
receiving the highest number of votes at said meeting shall be
declared chosen as the appointive officer and employee members
of said appeal board, biannually thereafter the appointive
officer and employee members of said appeal board shall be
chosen in similar manner and at similar time.
(b) On the second Tuesday of January, 1948, two City
Commissioner members shall be appointed by the City Commission
as a whole, and two Commissioner members shall be appointed
thereafter biannually on similar date.
(c) The employee and Commissioner members of the existing
board of appeal as now constituted shall serve as the board of
appeal hereunder until their successors are c',:.osen on the
second Tuesday of January, 1948, as hereinabove provided.
(d) In the event a vacancy occurs in the appointive
officer and employee membership of said appeal board, the
remaining appointive officer and employee members or member
may fill such vacancy by appointment, the appointee to hold
office until the next election. In case of e vacancy in the
City Commission membersip, such vacancy shall be filled by
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appoint.me.nt by the City uowmission as a whole. A vacancy
shall occur whenever any member resigns or dies or refuses to
act or his services with the Pity are terminated.
SECTION 3. This ordinance shall not go into effect until
the twentieth day after its _publication nor until the thirtieth
day after its passage but shall be effective at the expiration of
such twentieth day after publication or such thirtieth day after
final passage or whichever of said days is the most remote from
the final passage of this ordinance.
caused by the Board of Commissinners of Salt hake City,
i
Utah, this ?'047kday of v ova 7.
,cJ l%
P eyor
,f C /
City Recorder /
Presented to the Board of Commissioners
AND PASSED
MAY 2 01947
Ae. '
CITY RECORDER
First Publics ilon in
itt,t /11-ura
3144/j
CITY RSQORPS i
E may,after'remalning"eontinuousl9l
in.the employ
City fo
Dloyy of.the City re than
e year,. obtain credit toward eW re-
meet for Ms first year of service by'
anylag ni the pe ton retirement fund
am003 tea d upon a Rare r wage
dppoo0dd duri,based the salary or wage
fur thee. the:ealynyr'b'hoan. Pin the
employment of`the City at the time he
Stataed during WorldrvWar of
II shaltited
be
deemed
ih service employee if within thirty days m after
e of
its termination he returned to such
em-
ployment and, f his return is eubeeuuent
•to January 1, 1946,he Palle into the
pension retirement fund the total amount
that would have been deducted from his •
wage Orr'alaryflhhaad•his returnbeen on or
prior
money heretofore deducted from
wages or laries for the benefit of the
pension retirement-fund heretofore creat-
ed, each-sooney._„na has hereto-
fore been deducted from the salary or
wages of librarians,assleantx,and
em-
ployees of the Public-Library of the
City, and all money heretofore paid
by the City Into said pension retirement
fund heretofore create& except the
money paid Into said fund by the City
to match money paid therein from dedue-
tfops from,wages and employe of.llbt• he f Publication
:Public
'Library
o d City,
shal t the
Pubed o deb of the employee.
City be[
ts on deposit with the.ity Treas-
urer as art d the yve ion retirement
(i %roeroePd d'tuF.herpunda[.
(y) Tte eed i ill'rdi "Set Lean
the•municipa`le coorrporationdof Salt Lake
STATE OFpUTA,City, •Utah.
,• Idetr.tine expense of the
ba borne
County of Salt Lg. ILI1 YI RETIRE-
(yi' i,.•R EsaPLOYEEIL
Ale 'IANCBD?REPEALING. SEC- -NANCE "'7`1 d "p
loy.,G s defined
T S 0 37 4 138 f.Chapter I inSectiono h in bove -
d , -vie d oedinances :Salt Lek,„At- wt�n shIIL 0eae�tlga.con-
:
g add"CDs ve been ei tlnnov y mploy d in Die
ter'1 byh Dag the to three s lee f Salt iete CRY t I than key
tied,tipo pe known S t1 136,o 137 tenyears immediately P to reaching
and�13S;lasing to adminl t tl n,'and eith age.or owhoiet shall not have reached
p dip§ fo th earl a main 'l ee f ftia years, but d snail
tenaail yt to p pppai ar mnuts n fe e,a of tin sly ty inyed.es tot duly sworn,deposes and says that he is the ad-
r a
io fi. 19,appeal
beard
haw`a of Isf 119,7 r'tir13=artl1"}n'�,mtiasfoa`- er•k of THE DESERET NEWS,a newspaper
_Welt ordained by the Board Of Coin a of sat LakeCity evld..that he,
Itltesiouqtte f Salt I.pYta City,'Utah:' D of existing disability, Is unable
• ia.
SECFIQN 1 That'Elections136, 137 to-perform:the duties required of him t Salt Lake City,Salt Lake County,in the State
d apd.of Chapter 1'.Of to Revised b a.amp]y t may ce be relieved f
rail ender of Salt LakeCity Ulan, slush dutiesand hie Ice.with the Cter
eli he,n ratp{b a eneobd and ethane tb coated and therefrom and thereafter
d the Mine Are hereby repealed. a to a an employee 1 Solt Lake
S oh,a_ That ChSpto a ha the City,by d Of a Me Board of Commie.
Rty d;Omlrt R a of Silt Lake Cey, 0 and bepaid each month there-
ty ADM ire,and•the ishereby ft an amount follows:
{m dad'',ADM,
adding in arid-to said
Where the employee has 1n the
011etEerle three new sections t0 b known le of the Citysac continuously for more 'se advertisement
ea to
gSiotttioist at1 n,136, 137, and
dshal'read°'g sec half°I lie gemm nthlyu wage
M.0
e: at received for periode f five ye r•
. oN 1136. PENSION' RETIRE i adlabi9 next prior to fag so c-
m' •Rs'etena CREATED. ( ) A spelt ll et d eepsh lee.h• u h p Ym ntt in ro ex ed
lie y'�d emnt y._em.1 h bin tab 810090
ad-a Lh be /ft of th o P h• the empl vqe
eT"Ea ny ecisyy9 a y` n been m theservice f the City mu-
hot Fsalt Lake r o »Oration
(51 1Arne a e ag a hay.arson d tin nsiy:f -more thanto y but
or a,1e11"r-soh the ° t 1 ty years a td not inC f-twenty e years,the hey
.�pi�p t her-beep place, glntloy f the City Monts Shall becomputed by years in
ybf twenty 9 t option a the t e tfuW in the elstly a Po Won that I`
Bdarde of Commissioners, ir hasW numb f years served (ten or
readiest or shall a h th e-of sixty- herelnebra Pam to ale d full b fits ae are
((piss itto a t bps b n pl yea Of 4.
the city fo tWentT yeas ho hat 1SP{YmenEtht tl19 blllty`t ti m`° had in said newspaper, in its issue dated, the
shall ash th age of fxt year. and fib heeey dcc,add t try:
ip beep';an,:mg.].en f theCity f b IT04,h th▪ f[- the r
t n it ter July 1 s -gym to.itc a 4iin a le day of A.D.19
aseal give y,,.SldoEyl4 PWd n Sor ,e, lie d and practicing under.the we
t me j;, 0,1ki '1fe f a but at the%Ste,or ci tiny wherein Said re
qual t0>oP Po IL hJ1 gmonth" i`ihemyPl ye ti Waiting it"is ge blished May 23 1947
ggep er MINTannnng W tt "kV. pl bee with reference to h1 ability to
nd
�likddedluspotgtitem nt. a he a on
In Ot put d lot-1n t-hall mid employee halls so tithe ate time
n aueh Ol 1 rated'O e h dr d fu high SO th City.1 tatement
(a�godOY ell per m w The a nde asW as te herb D , e „ blieation thereof being in the issue dated the
s m ntbly Wag Mail he ..P SSE ae not partying -remunerativeploy
f tb�"ivir yearly total paid in tit- td n yin-ts Walt Itl>tr ay of A.D. 19
wa on.salary d -'th 1 e 1f yea upondeath o whenthe Board of Cf f42'
F
.•be 91os ed 9 Comm1 elo a n ate m that sal /'pt'bdeg ,r t .matt 31#11 7 nt• puL d di bllltyiCie d th t dtlerrsoh oba-tW lft4.oe eueh a n 9 a]yDI yea is mth11Y Dloyed. The e-.am shall ao lute th° V rage Mtn tl emnt ,nl bility bnefits hereneer ' .,
t{ly ge p!salary li retinal hsll tea deem d 1 1 ded within anda i, , `�(CI Th penglen retire nt yste A
Al:.�hnet fnell by yen t P ie a Part o} the P 1 letem Drovmee /A vP.rt2sZng Clerk
'Ifv.Ef�e.wages 4 Dat]Pe. ll e_d -tie f`i DsKy Slat T it am asabWty bane; t
f�rbt'atits A.t day.Or., h elo[ WITS fits L 11 m first from rya io Io
ftht ECgDq M 11 be fled t d 3.p c t deducted_: m the Wage salary 1
from the LR -r 1 d f aaeD a etlred Mp1 id f a d p Id f re the
Obeim tie, p- a'`:t en tlwa lien b ei f„hatire ant f tl .ad th°T°afbr
Celt a:to y u h age.o! p Id d f that Dm'Dope
q y4 by theMY. - 23rd
esyylerrLty��,park t epo0o0 eN employee shell be.entitled'to alb- day of
oligi : la T ins a month`m ability retirement benefit gaymnts Dare,
hatsDal $p 'y Idn Weds frdm Pei.under during h to h 1 hems
>UPnsat/ under the
mp niacin et t tee'of:Utah UDOn
,9 - ty"y'l''i d :.e..pods..tPIW -tpettn*pit y SI t O[di shines t@omdet
da j'gJ�il6{tit do• Moe..., ed:tha all-Il b pie he d ProVld-
d d th t s that time to l eon*claim:.
1"Dn In the ems is pn pl yea ot.the
'e(dY 771p ale t Pund City tl is eligible to h such bone
7M4eegsa d i b?„13p BhaR nti g.ir th foregoing provisions of —
g '�p daWall• ¢1 FQ }38. ORE ION.O AE-•
D
° A, °e r,, .• .°t x ?' �;? e DP. Notary Publi
p 10 and by created a appeal b0 d to have
hav tea 1. a hereinafter pre- theDo and to f the duties
as' (qd_lfppn e B arfl f Com ewprovided ah,.19 for 67 Chapter dot Of five
y14Y,era .) a• hall 1 orembers,thre f'Sr yin Oh'aII be chain
{{{;��p}In n, t f W /Crest by.a d from.th prohit°d othee a d.
bjlt e3-�u. CILy user Pgr'E of n,pi base tl two.f venom DW be
Pe Fu d 1n'ib airy ml 1 o e,a ld members to hold
tb of of 3, v the Pay ff ce for a term of two.years and to
}i i' ryp.Mt It,en¢ beuoe°n a foil we: S
• Ds 'Yi teoo rt the ( 1.T three e J
hag. tp ,.+ pebali officer and afterits publieetion nor until the tnle-
(f) h On byy dlema[og ballot, each
tea Wall b chosen by LI th,day after its Da a ant shall be
all Of th emipl y Pp y • t[1mr o! K
ac to tttgt, 7w ge PI one of the Clty.being ¢tilted tb Ifiht da at tri eaplektl d f NOh twen-
hl salary a age o t one Ee for.each membp to b Lbth-tlay gl r Dublma_tton o aµch this-
`Coy•Ae• eneral'meet{g of the sp (u Dal r him a to,hip d Oho E A g thee W of said d yell the...
moat which_
mte:
byins b. tp h1 tottee sal P ltttiva otflm aril employees L
Eh he,a t'pti1 gmPloyte he Cfty&Nell be held ell•the.apnea-Tµ e t Qin the final Daeeage of thin reprdl-
'i�gqa, ook� •eibn Retirement clay of January,1948,.at which meeting Find•lit�: }„l d a d Do ye the i officers and employees shall n Paned by the Eoarli of Commla.loner.
`�•e Pension Re let three appointive officer and err of act LakeCity Tight tide.20th day
*lid
4 �® held t-.the bomitoard. a least to earl dal appeal of May, A p 1247:,
.yaih ati n: by d Atj(1 p t ten 4 9 -PrfOr to.tone L J.GLADE,
kaCfb Rr,0lnipg ap h1B ion-..-EhaRldggmeeElp the City C - P.BT1'NEROr.
., .4 a de(oep t P rt offf et rn emploee,,tp w - ry CIE$' R9 rEsr•
•R' jicii-cvivil S'vice and f said mgsWut nd.nert-- }_ - .
ipg a}i'are v w-'by-• yy;
u ,..J ..Y.97. 1147.
l'pNa eh f the City on A day Ppf•n the date of
--basisI employ- Te th ee pe 1 F ec m t
yr aft.r h er re votes_at add
yanmm t r se with be de l red chosert as th e --- '
It t dbfpndb i;., .;-"-1 :e!.
"�Y, )`f yea-them:
i a.l£t hot,are { f t ,, r ,).v ''t id•a be elms
Ill '- .Y-1 hot,pettl ' (ty�;i . 7 I.,- d. t similar
pL q eerie E3,Y�dlifa¢lfkhed 0 u(bY On thk ddn¢e e.y of J.n-
t 11��OIB fcdm and ale-dsQD ache t9 Igie 6 e City C e „by*h r mam-
E e 1 t ad.Maim Yoe•wa`ee or PYgJ9 n b-rp hgl] lie.epPolnEed Dy the;Clty
a te Of such penal n Pet[errant COmmleMen a nrhele r twoCoin-
- this lafte a elipe bl appointed
i���tttjjjl'$4rx b InclLLd{qg py1¢"tt96 of thereafter binomially'Pu dmllar data.
$ . h d er daps t ere tt e e / The mpl bee B d C fofloap-
titaR r"*ycI O leek sec tndee In th embers of W extetod-Doartl roe as
er
Olaulil L"Iroil ervlce,*wh w 1 the peal.as W mnatytdted Hilt ire as
E�p�ipPllgy..e�S1gthe lta1 the IpE dJy Of EC board of �ppeef h eu da until
J►ti¢9Pyi;d a�ah h ba:.entitled to ornit Weir led a rep-ey,i R n the
YYefaa geV,4 FaE1r Rt W1D tlr :lte Of TX Rd Tufgu. f Januy;9 1948
afpu... , filth the any oni wh_be shoveDn idea :a ft
u se8 tIO L d e i T who o (d).In the inept a• v sans,..
d•fa�',-B.16.q�fd the City d of Jan m the.appointive Rise
5 194p g {, D•''• th et a leas m 7 4,7h/D of sold
.•:/ J• lathe re .inure PDoI.
..5
.il $