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HomeMy WebLinkAboutD-1598-02 Police/Fire PensionsSponsor: Councilor Snyder ORDINANCE NO. D-1598-02, AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-101 OF THE CARMEL CITY CODE WHEREAS, the Common Council of the City of Carmel has previously established, pursuant to Ordinance No. D-1514-01, the Police and Fire Pension Funds (Funds 801 and 802); and, WHEREAS, the Common Council of the City of Carmel has the authority to amend the Carmel City Code; and, WHEREAS, the Common Council of the City of Carmel is desirous of protecting the funding levels of the Police and Fire Pension Funds; and, WHEREAS, the Common Council of the City of Carmel desires to amend Chapter 2, Article 4, Section 2-101 of the Carmel City Code; NOW, THEREFORE, Be It Ordained by the Common Council of the City of Carmel, Indiana, as follows: Section I: Section 2-101 of the Carmel City Code hereby is amended by the addition of the language which is underlined, to read as follows: § 2-101 Police and Fire Pension Funds (Funds 801 and 802) (a) The Police and Fire Pension Funds have been established for purposes set forth in I.C., 36-8-7 (1937 Fire Fund); I.C., 36-8-8 (1977 Fire Fund); I.C., 36-8-6 (1925 Police Fund); and I.C., 36-8-8 (1977 Police Fund). (b) Effective as of the date of this section, and to the fullest extent allowed by law, all employee contributions to the Fund shall be designated as being "picked up" by the City, pursuant to Section 414(h)(2) of the Internal Revenue Code of 1986, as amended, so as to permit such contributions to be considered "pre-tax contributions" for purposes of the contributing employee's W-2 salary as utilized in assessing state and federal income taxes until distributed from the Fund. (c) The affected employees shall not be entitled to any option of choosing to receive the contributed amounts directly instead of having them paid by the City to the Fund. Sponsor: Councilor Snyder (d) No contributions prior to the effective date of this section shall be designated as being "picked up". (e) The Police and Fire Pension Funds shall be non-reverting funds. Withdrawals or transfers from these funds ma,/be used only for pension payments. (f) The fiscal officer shall deposit all municipal and state pension revenues into the Police Pension and Fire Pension Funds. Section II. All prior Ordinances, or parts thereof, inconsistent with any provision of this Ordinance are hereby repealed. Section III. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. ,~ PASSED by the Conunon Council of the City of Carmel, Indiana, this//~7~day of (~t*~Dqtf~,~ ~, ,2002, byavoteof r/ ayesand 0 nayes. COMMON COUNCIL OF THE~ ~esiding O fficef~-'~ ~, Ke~K~~y Wayne Wilson, President Pro Te p oven ~~~'~ N.L. RunS lc Ronald E. C~ ' ATTEST: ! .,. Diana L. Cordray, IAMC, Cl~,Treasurer D-1598-02, As Amended 2 Sponsor: Councilor Snyder ~zd by me to the ,Ma,vor of the City of Carmel, Indiana this /~ day of 2002, at ~'~/.M. Diana L. Cordray, I~-~~Treasure of Approved by me, Mayor of the City of Carmel, Indiana, this ~ day 2002, at ~g~' ~,.m. ~fnes Brainard, Mayor ATTEST: ~ urer Diana L. Cordray, I~eas Prepared by: Sue A. Beesley Bingham McHale LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 D-1598-02, AsAmended 3