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ORD 36362 - Amend section 22-40 of municipal code re employees' retirement system r• F r r NF l j YI Ao q, -r _ � B - Personnel Department_ is � Omaha/Douglas Civic Center *47 � 1 �' r- 1819 Famam Street,Suite 506 .. ` `' `�J Omaha,Nebraska 68183-0506 (402)444-5300 471.1)FEBRV*+ CITY C(.=his FAX(402)444-5314 City of Omaha nv A114, tY !.?, c Cecil L.Hicks,Jr. Mike Fahey,Mayor Director Honorable President • And Members of the City Council The attached ordinance clarifies the status of a disabled retiree from the Civilian Pension System, as to their vested rights, if they should be removed from the disabled status. Over the last couple of years, four (4) individuals, who had been previously placed off on a service or non-service connected disability, had physically improved sufficiently to be no longer considered disabled.' Three (3) of these individuals requested reemployment but were not hired back, apparently for a variety of reasons. A concern was then raised, as to their status under the Civilian Pension System since all four had over five (5) years of service credit. Under Sec 22-40. Deferred Vesting Rights.: "Any member of the system whose employment with the city shall be severed or terminated voluntarily or for cause... prior to attaining eligibility under section 22-30, but after attaining at least five years of service, may in lieu of receiving a refund of his/her contributions under section 22-30, elect to leave such member's contributions under section 22-30, elect to leave such member's contributions in the system and thereby shall be eligible for a deferred service retirement pension..." The problem is that the above language addresses member, which is defined under Sec 22-23. Definitions as: "Member: Any person who by virtue of his/her employment status is participating in the system with his/her ongoing contributions." Under the same definition provision,retiree is identified as: "Retiree: Any person receiving disability or regular service retirement compensation who no longer is contributing to the fund." • Honorable President and Members of the City Council Page -2- If these individuals were still members of the system as compared to retirees, all four would qualify for a vested pension, either upon reaching the Rule of 80 or at age 60. Based on this sequence of facts, as compared to the current language under the Civilian Pension System, the Board of Trustees requested that language be added to Sec 22-40 to clearly state how such individuals should be handled in such situations. This proposed language would clarify that disabled retirees, removed from their disability status, would be eligible for a vested pension. The Civilian Pension Board of Trustees, at their regularly scheduled meeting of July 16, 2003 unanimously approved this modification. Your favorable consideration of this proposed change is now being requested. Please contact me if you have any questions or concerns about this change. Respectfully submitted, Referred to City Council for Consideration: Cecil Hicks Date Mayor's Office Date Personnel Di ct r P:\Prpp1\4605sap.doc ORDINANCE NO. c3A34,1-- AN ORDINANCE to amend Section 22-40 of the Omaha Municipal Code pertaining to the City 2 of Omaha Employees' Retirement System; to provide vesting rights to retirees whose 3 disability pensions are terminated due to a finding that the retiree is no longer unfit for 4 duty; and to provide an effective date. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 6 Section 1. That Section 22-40 of the Omaha Municipal Code is hereby amended to 7 read as follows: 8 "Sec. 22-40. Deferred vesting rights. 9 10 Any member of the system whose employment with the city shall be severed or 11 terminated voluntarily or for cause, or any member on an approved leave of 12 absence, except a member on military leave or a member on sick leave without 13 pay, or any retiree, whose disability pension under section 22-35 has been 14 terminated by the board of trustees due to a finding that the retiree is no longer 15 unfit for active duty due to the injury or sickness for which the disability pension 16 was granted, prior to attaining eligibility under section 22-30, but after attaining at 17 least five years of service, may, in lieu of receiving a refund of his/her 18 contributions under section 22-30, elect to leave such member's or such retiree 19 terminated from disability's contributions in the system and thereby shall be 20 eligible for a deferred service retirement pension at or above the age of 55 50 21 years computed in accordance with sections 22-30 and 22-32. The legal right to a 22 pension or benefit for the members, retirees terminated from disability, and 23 beneficiaries entitled thereto shall become effective when such pension or benefits 24 become payable, and the same shall not be impaired, abrogated, or diminished 25 thereafter. 26 27 An election to seek a deferred service retirement pension shall occur if the 28 employee does not file a written request to withdraw his/her pension contributions 29 with the personnel department. An election to request refund may be made at any 30 time prior to the commencement of pension benefits. 31 32 In the event a member or a retiree terminated from disability, who has elected to 33 vest, dies before he or she commences receiving such member's service retirement 34 pension, the surviving spouse qualified to receive pension benefits under the 35 provisions of section 22-36 or, in the event the surviving spouse is not entitled to 36 benefits under said section, the deceased's member's natural or legally adopted ORDINANCE NO. c318.3�,.1. PAGE -2- 1 children who qualify for pension benefits under section 22-36 shall be entitled to 2 receive a monthly pension; and, in addition thereto, each child shall receive five 3 percent of the accrued service pension, but not to exceed a maximum of 20 4 percent for all children, until age 18 or marriage, whichever event occurs first, as 5 set forth in section 22-36, or, in lieu thereof, at the option of the qualified 6 surviving spouse, or, if not qualified, the qualified surviving child or children, 7 shall be entitled to receive an amount payable in a lump sum equal to the 8 member's deceased's total contributions, including interest thereon to date of 9 death. 10 11 12 pension, the qualified surviving spouse, or, if not qualified, the qualified surviving 13 child or children, shall be entitled to receive an amount payable in a lump sum 14 equal to the member's total contribution, including interest thereon to date of 15 death. In the event such member or such retiree terminated from disability dies 16 after commencing to receive the service retirement pension, the qualified 17 surviving spouse or if not qualified, the qualified surviving child or children, shall 18 be entitled to receive a monthly pension until age 18 or marriage, whichever event 19 occurs first, as set forth in section 22-36, or, in lieu thereof, at their option, shall 20 be entitled to receive an amount payable in a lump sum equal to the balance, if 21 any, of the total accumulated contributions, including interest thereon as of the 22 date the member's or retiree terminated from disability's service retirement 23 pension first commenced, less all service retirement pension payments made prior 24 to date of death, plus a death benefit in the sum of$5,000.00. In the event that 25 more than one child qualifies for benefits under the provisions of this section, 26 such benefits shall be apportioned equally among said children. 27 28 A retiree terminated from disability shall be eligible for a deferred service 29 retirement as specified hereinabove, whether or not any of his or her 30 contributions remain in the system at the time of termination of the disability 31 pension. 32 33 A member or retiree terminated from disability who elects the deferred vesting 34 rights in accordance with this section shall retain only the specific benefit rights 35 as set forth in this section. The waiver of benefits provided for herein shall 36 include, but not be limited to, health insurance coverage on and after the date that 37 the member's employment is severed or terminated or the retiree is terminated 38 from disability. All other rights, benefits and privileges to which the member or 39 retiree terminated from disability was entitled prior to his date of termination shall 40 be null and void on his date of termination." 41 42 Section 2. That Section 22-40 as heretofore existing is hereby deleted. 43 ORDINANCE NO. (31 PAGE -3- Section 3. This Ordinance shall be in full force and take effect fifteen days from and 2 after its passage. INTRODUCED BY COUNCILMEMBER vt4K43•• APPROVED BY: )'\'‘.41-1 7,4/2,3 MAYOR OF THE CITY OF MAHA DATE PASSED AUG 1 9 2003 7 o ATTEST; { y1 r 1 CI •L ERK OFT -..CITY OF OMAH D APPROVED AS TO O #(9'` ITY ATTORNEY DATE P:\Law1\4746sap.doc 0 'U 0 'fl .CU y rr C rr ( CU C C D 07 CD 0' I..-; r n r 1 0 ) o ~ Z Z o 1 o 11 (11 T .n °X m IIIo ED Z z Z z c' (A n m =n , 2 1-• ED (D O 0) Q-0 rn-0 NJv o ry Z 5 rn n `n -a (D v -" z a up Z \ rtQ � � St a m % `D cn p (D D Z n v CN. z A _ " � �- r, �Y O A m N ii (D � � � � � rnZc0 (-`D (Dcrtn0• • tNr) rt `-t () 011OO ,-rW o s0 � -z3a,rnZ �D n' fn �xi ; �� n6:7oac � � � c� lD O N O 11) (D r-r cn r-r = Cl.. O 7C' Z 0 0 (D O a) (D k NOTICE TO PUBLIC" THE DAILY RECORD The following Ordinance has been set for OF Ow R H �]n City Council hearing�on.,August 12,2003a l�f, A wv* w- at 2:00 o'clock p.m.,• m t e egislative Chambers Omaha/Douglas Civic Center, RONALD A. HENNINGSEN, Publisher 1819 Street. (.which hearing.,all persons interested,ma a a;d. PROOF OF PUBLICATION AN ORDINANCE,to endJ'Section 22-40' of the Omaha.,Municipa,.Godee"ertaining to the City'of'Omaha's m to ees`. Retirement S _-id p UNITED STATES OF AMERICA, ysterri;�to,prov.de.:. tfn nghtsLto.retirees� whos lability: pe•lion mare terminated The State of Nebraska, SS. due to-.a,fin' irig that,the.re tree is no•longer District of Nebraska unfit for duty; and•to•'provide an effective , date. 1° f ,*. ..1 .r:.•:..' County of Douglas, BUSTER BROWN, 8-8-03 4• City Clerk City of Omaha, LYNDA K.HENNINGSEN being duly sworn,deposes and says that she is ASSOCIATE PUBLISHER of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on August 8, 2003 s' . , aper during that time was regularly published and • ,,�, ! ) •r ‘ in the Conn of Dougl , tate of Nebraska. ur'GENERAz•••ti'Q ,t�l "%: �4 Subs 'bed in my presence and swo to before Publisher's Fee N$ ' 0 me this 8 t h day of `I t _ August 03 dcittal Copie f 20 sj4.�rq. `�t .70 • \{�OF NE��- Notary P lic' f t County, A"kveyt, ate o Nebraska 4 "NOTICE TO PUBLIC" ORDINANCE NO.36362 THE DAILY RECORD AN ORDINANCE to amend Section 22-40 of the Omaha Municipal Code pertaining to OF OMAHA the City of Omaha Employees' Retirement System;to provide vesting rights to retirees whose disability pensions are terminated RONALD A. HENNINGSEN, Publisher due to a finding that the retiree is no longer unfit for duty; and to provide an effective PROOF OF PUBLICATION date. SUMMARY: AN ORDINANCE to amend Section 22-40 UNITED STATES OF AMERICA, of the Omaha Municipal Code pertaining to the City of Omaha Employees' Retirement The State of Nebraska, SS. System;to provide vesting rights to retirees District of Nebraska, whose disability pensions are terminated due to a finding that the retiree is no longer County of Douglas, unfit for duty; and to.provide an effective City of Omaha, date. PASSED: August 19,2003,7-0 APPROVED BY: LYNDA K.HENNINGSEN MIKE FAHEY 8/21/03 MAYOR OF THE •CITY OF OMAHA being duly sworn,deposes and says that she is BUSTER BROWN, City Clerk ASSOCIATE PUBLISHER 8-26-03 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on August 26, 2003 That said Newspaper during that time was regularly published and in general circulation in the Co of Dougla ,arid tate of Nebraska. y H. M OS T��/ •'GEN ERA;%yip ubstAed in my presence and sworn before Publisher's Fee 19. 10 me this 26 th day of August 20 03 ; OfIditionalliop Tao• 19 .10 t%%1:4Y 6,ZQOtO Q` Notary Pu c' daglas-County, ••' ate o ebraska T� ur t\itvX t Members of the City Council, This ordinance change comes before you to close a gap of benefits created by the disability monitoring set into place by the City of Omaha Civilian Pension Board of Trustees. I don't have the exact dates, but was told that about ten years ago the Civilian Pension Board started a monitoring process that would require an employee on a service connected disability to be evaluated at regular time intervals. This process is a positive fiduciary step taken by the board. In the past ten years there have been two employees that have been deemed fit for employment and removed from the rolls of disability roster and dropped from any further benefits of the pension system. The first employee affected occurred about two and half years ago just as I was coming onto the board as the 'outside' member. I don't recall all of the specifics of this employee. But recently a woman who had been a twenty plus year employee and had been on a service connected disability for torn tendons in her hands for the past six years came before the board and was deemed fit for employment in the capacity she had formerly held as a data entry clerk. As the city does not have any permanent jobs available, she also was dropped from the rolls of the pension system and now has lost access to any benefits she may have accrued during her twenty plus years of employment. This ordinance change will allow this employee and any future retirees that may be defined fit for employment prior to reaching eligibility of a service retirement, to be vested into the pension system and allow them access to a future service pension benefit upon reaching service retirement age. In these cases their pension amount would utilize their working years plus their disability years as definition of years of service. This is consistent with current language of converting an active disability pensioner to a service pension upon reaching the age of sixty five. I think it is a positive step to monitor the functionality of service connected disabled pensioners. I also recognize the responsibility of removing these individuals off of the service disability roster once their health improves to the point that they are deemed employable. What this ordinance will do is allow them access to their past years of service to secure a future service pension. The intent of the monitoring was not to cause the employee to lose this type of access, yet the ordinance does not allow provisions for such access. I do not know if Allen Herink, City Comptroller and financial representative for the Civilian Pension Board has been able to identify what if any liability this will cause the pension system. When you identify that there have been only two incidences in ten years where this scenario even arises, I cannot see that this would be a major liability, if any. The fact that their disability amount would no longer be paid out during the years of employability and service retirement age is actually a plus for the system. Additionally, at the conversion time, the amount of years on disability will now be reduced. Please look upon this ordinance favorably and vote yes when this ordinance comes before you. I will be back in town for the final hearing and will be available for any questions you might have. Thank you, Peggy Gilmore Member, City of Omaha Civilian Pension Board 402-222-7283 C. . , . 0 q S ° p oR § a _ k tai 2 k § CD / ƒ \ § /. G U E j. \ n 8 w ? 0 # G t t § \ P E. 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