HomeMy Public PortalAboutORD13546 BILL NO. 2003-18
SPONSORED BY COUNCILMAN Angle
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
FIREFIGHTER'S RETIREMENT PLAN BY AN AMENDMENT NO, THREE TO MAKE
THE CHANGES DESCRIBED IN THE ATTACHED SUMMARY OF CHANGES TO
COMPLY WITH CERTAIN FEDERAL INCOME TAX AND LABOR LAWS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
(A) Section 2.7 is amended, effective as of the dates indicated, to read in its
entirety as follows:
"Compensation" means the basic monthly wage or salary, including
holiday pay, paid to a Firefighter, including. Elective Contributions, as
hereinafter defined, but excluding bonuses, overtime, expense W10\;Tance and
other extraordinary compensation. For this purpose, any Member who is on a
workers' compensation leave of absence shall be deemed to have continued
receiving the same level of Compensation as in effect immediately prior to the
commencement of the leave. The immediately preceding sentence shall not
apply, however, to any workers' compensation leave of absence during which a
Member fraudulently obtains workers' compensation benefits. Instead, any such
leave shall be excluded from both of the twelve (12) month and sixty (60) month
periods described in Section 2.2. The term "Elective Contributions" for this
purpose, include any salaU reduction contributions to I) a Code Section
125 cafeteria=k1on after December 31
-I ITO" a Cod a Section 132(f)
gyallfled transportation fringe benefit Ian after December 31,=2000or=(1 0i
Code Section 457 ) governmental deferred com----ensation plan after
December 31, 1997.
For Plan Years � IrLnincj after December 31. 001,
Member's
annual ComL)ensation shall _be limited to $200,000, as adjusted by the
Commissioner of the Internal Revenue Service for Increases in the cost of
livin in accordance with Section 401(a)(17)(13 of the Code. For Plan Years
beginning after December 31,1995, and before Januar 1. 2002. a Member's
annual COMPP.nsation shall be limited to $150,000,00, as adjusted by the
Commissioner of the Internal Revenue Service for increases in the cost of living
in accordance with Section 401(a)(17)(B) of the Code. The cost of living
adjustment in effect for a calendar year shall apply to any 12- consecutive-month
period beginning in such calendar year. If Compensation earned during any 12-
consecutive-month period beginning before December 31, 1995, is taken into
account in determining a Member's benefits accruing in a Plan Year beginning
after December 31, 1995, the Member's Compensation for that 12-consecutive-
month period shall be limited to $150,000.00, unadjusted for any subsequent
increases in the cost of living.
Bill 2003-18
Pago 1
r
CITY OF JEFFERSON
AGREEMENT FOR EMT SERVICES
THIS AGREEMENT is made on October_/_ _, 2002, by and between the City of Jefferson, a municipal
corporation, hereinafter referred to as "City," and Capital Region Medical Center, a nonprofit
corporation, hereinafter referred to as "Medical Center."
WHEREAS, Medical Center and City have a vested interest in the provision of emergency medical
services within the Jefferson City area:
WHEREAS, Medical Center and City perceive a need to maintain emergency medical services within
the community and to maintain initial response through the provision of a first responder service by the
City;
WHEREAS, Medical Center has participated in establishing that program and providing support for that
program:
WHEREAS, Medical Center and City-vvish to ensure the continued success of that program; rand
WHEREAS, it is in both parties' interest to enter into this Agreement.
THEREFORE, in consideration of the mutual agreements set forth below and other valuable
consideration, it is agreed between the parties as follows:
City-Provided Services.
City agrees during the term of this Agreernent to maintain and operate n first responder service, utilizing
EMT-certified employees. City agrees to require Etvff certification as part of the job dr�rscription for all line
members of the Fire Department.
2. Duration and Termination.
This Agreement shall he in effect from November I, 2002 through October 31, 2003. With the mutual
agreement of both parties, the c:onlracf may be extended on arl annual basis for lour (4) additional terms
of one (1) year each. Eilher party sha!I inform the other, in wriling, of its desire to renew or lerminate this
Agreer,",ent for each one (1) year option vvith ninety (90) notice (..lays ht;iort> expiralion of the Agreernent.
3. Contribution.
Medical Center agrees to pay to City within thirty (30) days of signing of this Agreement thel sum of 1wenty-
Five Thousand Dollars ($25,000) to help offset fhe cost to the City of the proc►rain.
4. Supplies.
Medical Center agrees to provide equipped jurnp bags for all in-service ap f,uralus, Medical Center further
agrees to provide consumable supplies.
5. Housing of Ambulances;
iCity agrees to permit Medical Center to station ambulances and City crews c:if Fire Stations between the
hours of 7:00 a.m, and 7:00 p,m., seven (7) days a week cart the discretion and rnutual consent of both
H'funua l fdrnhcf.n,'c.gxlnl nt!onP,•Hnlal pi„w Ol'apur,nun)ie,:wlvl
parties, Medical Center shall provide any furnishing for its employees located at Such station and shut(
house the ambulances in such a way as not to?rnpede or interfere with the operations at the fire stations,
b. Classes and 7raininsa,
Medical Center will provide required training for PMT classes and CEU as needed to rnaintain licensure
within the department for individual EMT certifications,
7. Indemnification.
Medical Center agrees to indemnify and hold City,its officers, agents, and employees harmless from and
against any and all liabilitic s,damages, losses,actions,or causes of action, costs,and expenses (including
attorney's fees), whether rE lating to property of City or of any thud party, or to personal injury or death,
arising out of or in any wo/ contributed to by the acts or failure to act of Medical Center, its agents,
employees, officers, or Medical Center-supplied workers.
City agrees to indemnify and hold Medical Center,its officers,c,gent_�, and en rployees harmless from and
against any and all liabilities, damages, losses,actions,or causes of action, costs,and expenses (including
attorney's fees),whether relating to property of Medical Center or of any thud party, or to personal injury
or death, arising out of or in any way contributed to by the c 1cis or failure. to act of City, its agents,
employees, officers, or City-supplied workers.
B. Insurance.
Medical Center agrees to obtain and maintain throughout the term of this contract
A. Workmen's Compensation Insurance for all of its employees to be engaged in work under
this contract.
B. Public. LiabilitYlnsurance in an amount not less than $2,000,000 for all cicI ms arising out of
a single occurrence and .$300,000 for any one (1) person in a single accident or
occurrence,except for those claims governed by She provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo, and Property Damage Insurance in an amount
not less than $2,000,000 for all claims arising nut of a single acc:idont or occurrence and
$300,000 for any one (1) person in a single accident of occurrence.
C. Automobile Liability Insurance in an amount not less than $21,000,000 for all clairns arising
Tut of a single accident or occurrence and 1,300,000 for at ly one (1) person in a single
accident or occurrence,
D. Subcontracts • In case any or all of this wC)rk is sul•)Iert, Medic c I ('enter shall require the
Subcontractor }u Procure and maintain all insurcarn-'e requir(-.�d it) Subnoragraphs (a), (b),
and Cr)) hereof and in like 0111au11t3.
E, Professional Liability Cov_erarje insurance to coven all medicc:rl services, including
paramedics, in an amount riot less tflan $2,000,000 lot C111 C:I01111S C1riSing Out Of a single
occurrence and .$300,000 for any one (1) parson it) n single, occ..idenf of occurrence,
except for those claims governed by the provisions of the; IAssouri Workmen's
Compensation Law, Chaplet 287, RSMo.
F. Tfle Certificates of Insurance shall be kept in force with notific alion provided to the City
with at least 30 days notice of cancellation.
ILY'nq,n.11dw'xi�a,•.nyil.l i,KUUr.npgal i.yi,m vTAgllallnll IIMI:♦�y - 2 -
9. • Paramedics.
Certain fire personnel are certified as paramedics. Medical Center employs some of these individuals and
utilizes their full skills. In the event that a trained paramedic is on duty area responds pursuant to a City call
and Medical Center wishes to utilize their full skill as a paramedic, Modical Center must direct and specify
that they are to use these full skills, In the event that Medical Center so specifies, they shall be liable for any
and all actions related to the use of paramedic skills,
10. Benefits Not Available.
Employees of Medical Center shall not be entitled to any of the benefits established for the employees of
City nor be covered by the Workman's Compensation Program of City.
11 . Governing Law.
If is agreed that this Agreement stall be governed by, construed, and enforced in accordance will) the
laws of the State of Missouri as to both b)terr-.rc!ation and
12. Modiflccation of Agreement.
Any modification of this Agroernent or additional obligation assumed by either party in connection with this
Agreement shall be binding only if evidenced in writing signed by each party or an authorized
representative of each party,
13. No Waiver.
The failure of either party to this Agreement to insist upon the 1�)erformance of any of the terms and
conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this
Agreement,shall not be construed as thereafter waiving any such terms and conditions,but the some shall
continue and remain in full force and effect as if no such forbearance or waiver had occurred.
14. Notices.
All notices required or permitted hereunder and rr,cluired to be in writing rnay be given by first class mail
addressed to the City of.Jefferson,c/o Fire Ch;(-,f,at 320 fast McCarty Sheet,Jefferson City, Missouri, 65101,
and Capital Region Medical Center, P.O. Box 1 128, Jefferson City, Missouri, 65102-1128. The date and
delivery of any notice shall be the dale falling on the second full clay alter the clay of mailing,
IN WITNESS WHEREOF, the parties hereto have set this hands and seals this %�%�.day of October, 2002.
CITY OF JEFFER ON, MISSOUg1• CAPITAL REGIONAL MEDICAL CENTER
Mayor ,/� Title:
r
ATTI:6/ ATTEST:
�j ll
v Clerk Title: J
�..1 r I t � t.•. , C. �I
APPROVE[P AS TO FCC l7
City Counse&r
II'lConOnl Ytlinba N„'up,lel upumr apOnl nwun,117 agm uunl 7a7 wpl •• 3
In determining the Compensation of a Member rim_ or to Janus 1,1997
for purposes of any dollar limitation set forth in the preceding paragraph, the
rules of Section 414(<Q>_q)(6) of the Code shall apply, except in applying such
rules, the term "family" shall include only the spouse of the Member and any
lineal descendants of the Member who have not attained age 19 before the close
of the Plan Year. If, as a result of the application of such rules, a dollar limitation
is exceeded, then the limitation shall be prorated among the affected individuals
in proportion to each such individual's Compensation as determined prior to the
application of the dollar limitation.
Notwithstanding the foregoing. if_a Member who is_re_ ern to ed
within the time rescribed bylaw, after a period�oualifiedmmilLM
service", as defined in Section 414 uu 5 of the Code makes the re uc_ ired
Member Pick-UP Contributions for such eriod oualified milit servico
within the time set forth in Section 3.6 hereof, then the Member shall be
treated as receiving Com ensafion during the period of_guaiified military
service e�uat to --
a _the Com_ ep nsation the Member would have received
durinsuc_ riod if the_Member were not in military service, based
on rate of pgy the Member would have received from the City, but
for his absence during the period of qualified militarservice, or
!2L— if the C_ ompensation the Member would have received is
not reasonably certain, the Member's average compensation from
the Cif during the 12-month period_immediatelY preceding
commencement of the qualified military service for, if shorter, the
entire n riod of employment the Citvimmediately precedes
commencement of his qualified military service
(B) Section 3.6 is added, effective December 12, 1994, to read as follows:
3.6 Reemployment After a.Period of Qualified Military Service. If a
Member is on a military leave of absence during a period of"qualified
military service", as defined in Code Section 41 gg 5), durin =which his
reemployment rights are guaranteedfederal law, he shall be entitled to
Membership Service for the period of his "qualified military service"
provided h�i) is reemployed after the expiration of his military service
within the time required by federal law and (ii) makes the Member Pick-UP
Contributions for the period of his qualified_military service durin�L he
ep riod,_beginning with his reemployment date, equal to the lesser of A
three 3 times his Qeriod of aua_lified military service and BUI ve W. ears,
(C) Subsection 4.1(d) is amended, effective January 1, 1997, to read in its
entirety, as follows:
4.1 Retirement Benefit.
A A' A
(d) Commencement and Duration. The Payment of a
Retirement Benefit will commence as soon as administratively practicable
after a Member's retirement date and,fn arveent. by no later than
Aril 1 of the calendar year Immediately thcalendar�ear
in which the Member attains a e 701h or retires, wfichever is later,
and will terminate upon payment of the amount payable on the first day of
the month in which the Member dies. Any application for a Retirement
Benefit must specify a retirement date not fewer than 30 nor more than 90
days after the date the application is filed. If the Member's service has
been discontinued during the notification period, he will nonetheless be
retired as of the date specified.
(D) Section 5.2, Forfeitures is added, effective January 1, '1997, to read as
follows:
5.2 Forfeitures. Anv forfeitures under the Plan resultin_ from the
termite n_ or resicanation_ofaMember with fewer than 5 year of
Memberships ervice will be to reduce_ contributions by the Ci_ty to
the Fire fi, liters' Retirement Fund and shall not be used to increase Plan
benefits. . �^
s.
(E) Section 8.1 is amended, effective as of the dates indicated, to read in its
entirety as follows:
8.1 Section 415 Limitations. In no event will the benefits payable under
the Plan exceed the limitations applicable to the Plan under Code Section 415
and the regulations promulgated thereunder, the provisions of which are
incorporated herein by references includingt but not limited. to Code Section
415(b)(2)(G) and (H , whicchap app solely to state or local government
pension plans for #irefic�hters. Furthermore, effective from Winter
January 1,._2_002 a Member's annual compensation of up to $200 000, as
ad usted pursuant to Code Section 415(4 , shall be recognized for this
purpose and shall include his "Elective Contributions as defined in
Section 2.7 hereof. If benefits payable under any provision of the Plan would
exceed such limitations, then notwithstanding any other provisions of the Plan,
such benefits shall be reduced to the extent necessary to ensure that such
limitations are not exceeded; provided, however,. that if any Member's benefits
under this Plan, in combination with benefits.provided under any other plan
maintained bv. the City, would exceed such limitations,,then the benefits gr� ovided
under this Plan will be reduced as provided in Section 8.3 and only to the extent
necessary after benefits under all other plans have been reduced to the
tYjpdmum sxtent passible>.
(F) Section 8.3 Is deleted, effective January 1, 2000, so it now reads as follows:
< ..J (;ombined l_ir it Jions. If any Msmber is partici nt under a
Defined Gontribvtion Plan maintains by the Git tv I,ie sum of tt_ig Defined 9en�fit
ifln Fraction for a Plan Year and the Defined Centrib_ution Plan FraetLQ fg that
mar will be rLQ greater than one t.0 . If necessary to satin the limitation set
ford in the receding_se _tense_, the annual pension oay bleuncier this Plan will
be reduced. The�terms "Defined Benefit Plan," "Defined Benefit Plan Tract D
"D fined Contribution Ian_,"and "Defined Contribution Plan Fraction".wil! have
the meanings given thorn -under Code Sections >•:415 eL in 415 I: and a
regulations pramulgated thereunder, thca prcw_isions of which are._ incorporated
herein by referencQ.>
8.3_ Reserved
(G) Section 11.2 is amended, effective January 1, 2002 to read in its entirety as
follows:
11 .2 Definitions. For purposes of this Article, the following terms shall
have the meaning ascribed to them below:
(a) An "eligible rollover distribution" is any distribution of all or
any portion of the balance to the credit of the distributes, except that an
eligible rollover distribution does riot include: any distribution that is one of
a series of substantially equal periodic payments (not less frequently than
annually) made for the life (or life expectancy) of the distributee or the joint
lives (or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period often years or more; any
distribution to the extent such distribution is required under Section 401
(a)(9) of the Code<; and the portion of>_An eligible retirement plan
shall also_mean �nnu _
it contract described in section 403(b) of
the Code and an eligible plan under section 457 fa of the Code which
is--maintained b a state otitical subdivision of a_state, or any
age strumentalit of a state or t�olitical subdivision of a state
and which a reel to se arste_ , account for amounts transferred into
such Ian from this plan. The definition of eligible retirement flan
shall also in the case of a�distribution <that>to a surviving
s Ouse or to a spouse or forrner souse who is <not includible>the
alternate payee under a, cqualified domestic relation order, as_defined
in <grpss income_>section 414(<determined without regard to the
exclusion for net unrealized appreciation with respect to employer
securities>p).of the Code.
(b) An "eligible_retirement .plan" is an individual retirement
account described in Section 408(a) of the Code, an individual retirement
annuity described in Section 408(b) of the Code, an annuity plan
described in Section 403(x) of the Code, or a qualified trust described in
Section 401(x) of the Code, that accepts the distributee's eligible rollover
distribution. However, in the case of an eligible rollover distribution to the
surviving spouse, an eligible retirement plan is an individual retirement
account or individual retirement annuity. 18 ,goEll2n of a distri�butiun
I1 r 'I f ICI to 4g gn elldfble rollover di tribution merely because-the
22rtign ggnsis s of after emus oo ee contributions whlch area
in,,,,,judf ie n r s in�om Ho1nrever, auc„h, o�tlon may be oald only
@�za�
to g�n„ ndivvid�uual re it ent accoun annioltip Amw b�ed,�ln s tlon
4 r b of the, ode or to a auglif ied def llpe4 gon 1218!3 rib lo
e crWed,In cecliion e or 403(a) of the Code that aargg to
pe ara l account for amounts so transferred, Includin ear tel
accounting for the gortion of s,uch distribution which is Includible in
gross income and! the gortion of such distribution which is�not so
Includible.
(c) A "distribgtee" includes a Firefighter or former Firefighter. In
addition, the Firefighter's or former Firefighter's surviving spouse and the
Firefighter's or former Firefighter's spouse or former spouse who is the
alternate payee under a qualified domestic relations order, as defined in
Section 414(p) of the Code, are distributees with regard to the interest of
the spouse or former spouse.
(d) A "direct rollover" is a payment by the Plan to the eligible
retirement plan specified by the distributes.
(H) This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
} c
Passed /'1�2! <�� ��Y' Approved -c 21��
Presiding Officer / _ Mayor
ATTEST: APPROVED AS TO 1701M:
City C16-r'k City Cou4inse' lor