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006 of 1989 - Early Retirement Incentive Program for Eligible Employees O 89-1 O 8&-6 SALT LAKE CITY ORDINANCE NO. 6 OF 1989 (Early Retirement Incentive Program for Eligible Employees of Salt Lake City Corporation) AN ORDI_NANCE ENACTING SECTION 2.52.025.OF THE SALT LAKE CITY CODE, RELATING TO THE ESTABLISHMENT OF AN EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES OF SALT LAKE CITY CORPORATION. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 2. 52.025 of the Salt Lake City Code be, and the same hereby is, enacted to read as follows: 2.52.025 Early Retirement Incentive Program. A. Purpose. 1. It is the intent and purpose of -this ordinance to provide a gratuitous award to qualified retiring employees of Salt Lake City Corporation for their valued years of service to the City and to establish a cost-effective,City management mechanism to encourage eligible employees to retire at specified times, according to optional retirement incentives. 2. The Provisions of this ordinance are not employee benefits and do not create or vest any property interests or contract rights. The City Council reserves the right to amend, modify or repeal this ordinance and its terms and conditions at any time. B. Definitions as used in this section. 1. "Base pay" shall mean the gross salary (excluding incentive payments, overtime and other additional allowances) the employee, who is retiring under the Early Retirement Incentive Program, is receiving on the date the employee became eligible for the elected incentive. 2. "Employee" shall mean a full-time salaried employee of Salt Lake City Corporation. 3. "Member of the Firefighter's Retirement System" shall mean an employee who belongs to the retirement system established by the Utah Firefighter' s Retirement Act, Chapter 5, Title 49 of the Utah Code Annotated, and any successor statutes. 4. "Member of the Public Employees ' Retirement System" shall mean an employee who belongs to the contributory or noncontributory retirement system established by the Utah Public Employees' Retirement Act, Chapter 2, Title 49 of the Utah Code Annotated and the Utah Public Employees' Noncontributory Act, Chapter 3, Title 49 of the Utah Code Annotated and any successor statute. 5. "Member of the Public Safety Retirement System" shall mean an employee who belongs to the retirement system established by the Utah Public Safety Retirement Act, Chapter 4, Title 49 of the Utah Code Annotated and any successor statutes. 6. "Window period" shall mean the period of time between July 1 and August 31. -2- 7. "Years of Service" shall mean the number of periods, to consist of twelve full months, during which an employee performed employment services for Salt Lake City Corporation as determined by the City, according to its personnel records. No other services or employment shall be included. C. Eligibility for Incentive A.1. _ 1. An employee who is a member of the Public Employees ' Retirement System and, who has thirty years of service with Salt Lake City Corporation, shall be eligible to retire at any age under this Incentive A. 1 . 2. An eligible employee, who retires under this Incentive A. 1 . , shall receive the following gratuitous award: Two months ' base pay, 100% of the employee's accrued, unused vacation and 100% of the employee' s accrued, unused sick leave; provided that the total award under this Incentive A. 1. shall not exceed one ( 1 ) times the employee' s annual base pay. 3. An employee who is a member of the Firefighter' s Retirement System or the Public Safety Retirement System shall not be eligible for this Incentive A. 1. D. Eligibility for Incentive A.2. 1. An employee who is a member of the Public Employees ' Retirement System and, who has thirty years of service with Salt Lake City Corporation, but who does not retire under this Incentive A. l. because the employee is not yet eligible for social security benefits, shall be eligible to retire under this Incentive A.2. at age sixty two. -3- 2. An eligible employee who retires under this Incentive A. 2, shall receive the following gratuitous award: Two (2 ) months' base pay, 100% of the employee' s accrued, unused vacation and 100% of the employee' s accrued, unused sick leave; provided that the total award under this Incentive A. 2. shall not exceed one times the employee' s annual base pay. 3. An employee who is a member of the Firefighter' s Retirement System or the Public Safety Retirement System shall not be eligible for this Incentive A.2. E. Eligibility for Incentive B. 1 . An employee who is a member of the Public Employees ' Retirement System, who is sixty two years of age and who has ten or more years of service with Salt Lake City Corporation, shall be eligible to retire under this Incentive B. 2. An eligible employee who retires under this Incentive B. shall receive the following gratuitous award: One month' s base pay, 100% of the employee' s accrued, unused vacation and 100% of the employee' s accrued, unused sick leave; provided that the total incentive award under this Incentive B. shall not exceed one times the employee' s annual base pay. 3. An employee who is a member of the Firefighter' s Retirement System or the Public Safety Retirement System shall not be eligible for this Incentive B. F. Eligibility for Incentive C. 1. An employee who is a member of the Public Employees ' Retirement System, who is sixty five years of age and who has -4- four or more years of service with Salt Lake City Corporation, is eligible to retire under this Incentive C. 2. An eligible employee who retires under this Incentive C. shall receive the following gratuitous award: One month' s base pay, 100% of the employee' s accrued, unused vacation and 100% of the employee's accrued, unused sick leave;-provided that the total award under this Incentive C. shall not exceed one times the employee' s annual base pay. 3. A member of the Firefighter's Retirement System or the Public Safety Retirement System shall not be eligible for this Incentive C. E. Eligibility for Incentive D.l. 1. An employee who is a member of the Firefighter' s Retirement System or the Public Safety Retirement System, and who has twenty years of service with Salt Lake City Corporation, shall be eligible to retire under this Incentive D. 1 . 2. An eligible employee who retires under this Incentive D. l. shall receive the following gratuitous award: Two months ' base pay, 100% of the employee' s accrued, unused vacation and 100% of the employee' s accrued, unused sick leave not to exceed in value a maximum of 4. 5 months of sick leave. 3. The total award under this Incentive D. 1. shall not exceed one times the employee' s annual base pay. 4. An employee who is a member of the Public Employee Retirement System shall not be eligible for this Incentive D. 1 . -5- F. Eligibility for Incentive D.2. 1. An employee who is a member of the Firefighter' s Retirement System or the Public Safety Retirement System, and who has twenty five years of service with Salt Lake City Corporation, shall be eligible to retire under this Incentive D. 2. 2. An eligible employee who retires under this Incentive D. 2. shall receive the following gratuitous award: Two months ' base pay, 100% of the employee' s accrued, unused vacation and 100% of accrued, unused sick leave not to exceed in value a maximum six months of sick leave. 3. The total award under this Incentive D.2. shall not exceed one times the employee' s annual base pay. 4. An employee who is a member of the Public Employees ' Retirement System is not eligible for this Incentive D. 2. G. Implementation for Incentives A.l. , A.2. , B. or C. 1. An employee, who is a member of the Public Employees ' Retirement System, and who is eligible to retire under Incentives A. 1. , A.2. , B. or C. may retire at any time during the period of the employee' s eligibility, provided that fifty percent of the incentive award shall be paid during the first window period following the employee' s actual date of retirement and the remaining fifty percent of the award shall be paid according to Section 2. 52.025 ( I ) . 2. As a condition for receipt of the award under Incentives A. 1. , A.2. , B. or C. , the eligible employee, one -6- month prior to the employee' s actual date of retirement, shall notify, in writing, the employee's department head and the City' s Department of Human Resource Management of the employee' s election to retire under the Early Retirement Incentive Program. H. Implementation under Incentives D.1. and D.2. 1. As a condition- to receipt of the award- under Incentives - D. l. and D.2. , the eligible employee shall retire and be off the City payroll during the first window period (which is the time period between July 1 and August 31 ) following the anniversary date the employee has completed twenty years of service, if the employee elects to retire under Incentive D. 1 . , or twenty five years of service, if the employee elects to retire under Incentive D. 2. 2. As a condition to receipt of the award under Incentives D. l. and D.2, the eligible employee shall notify his or her department head and the City' s Department of Human Resource Management, in writing, between July 1 and July 14 in the year employee retires, that the employee elects to retire under Incentive D. l. or D.2. I. Payment of the Awards. Employees who are eligible for an award under the Early Retirement Incentive Program provided by this Section 2. 52.025 shall be paid the award in two installments as follows: 1. For Incentives A. 1. , A.2. , B. and C. , fifty percent of the award shall be paid during the first window following the actual date of the employee' s retirement. For Incentives D. 1 . -7- and D.2. , fifty percent of the award shall be paid during the window period in which the employee retires and is off the City payroll. 2. The remaining fifty percent of the award shall be paid within six months from the date the employee received the first installment. J. Impact on the Department Budget. The position which is vacated by the retirement of an employee under this Early Retirement Incentive Program shall remain open, until the cost of the award is recouped in the respective department's budget. K. Grandfather in Eligible Employees who are members of the Firefighter's Retirement System and the Public Safety Retirement System. Employees, who are members of the Firefighter' s Retirement System or the Public Safety Retirement System, and who have twenty or more years of service with Salt Lake City Corporation on the effective date of this ordinance, shall be eligible to retire under the provisions of Executive Order No. 3. 11.300, Salt Lake City Policy Manual, dated September 26, 1988. L. Separate from Other Retirement Systems. The terms and conditions of this Early Retirement Incentive Program shall be construed separate and apart from any other retirement plans, including the Utah State Retirement System. M. Supersedes Other Policies. -8- Except as provided in subsection K. , this Early Retirement Incentive Program shall supersede Executive Order 3. 11 .300 of the Salt Lake City Corporation Policies and Procedures Manual SECTION 2. This ordinance shall be effective upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 21st day of February 1989 . CH IRP R. ATTEST: CI Y R DER Tr nsmitted to the Mayor on February 21, 1989 Mayor' s action: _ Approved Vetoed. A?101�11-I MAYOR ATTEST: CITY'RE bER APPROVED AS TO FORM tT Salt Lake City Attomey's Office Date BY (SEAL) AL) ..6.of 198_9 - PW*WWCP. February 28, 1989