HomeMy WebLinkAboutORD 5892 AMEND 1945 RETIREMENT
Augusta Richmond GA
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YEAR: ) q 00
BOX NUMBER: J-
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ORDINANCE NO.
~8'9Y
AN ORDINANCE TO AMEND THE 1945 AUGUSTA
EMPLOYEES' PENSION FUND, 1945 GA. LAWS, p. 813
ET SEQ., AS AMENDED BY 1966 GA. LAWS, p. 2765
AND ORDINANCE NO. 5501, TO PROVIDE THAT A
SURVIVING SPOUSE RECEIVING BENEFITS UNDER A
SURVIVORSHIP ELECTION SHALL RECEIVE THE SAME
LEVEL OF BENEFITS AS THOUGH COMPUTED UNDER
1949 GA. LAWS, p. 1070 ET SEQ., AS AMENDED; TO
PROVIDE AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION
AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
Section 1.
The 1945 Augusta Employees' Pension Fund,
1945 Ga. Laws, p. 813 et seq., as amended by 1966 Ga. Laws, p. 2765
et seq., and Ordinance No. 5501, enacted under the Home Rule
provisions of O.C.G.A. ~ 36-35-3 (b) (1), is hereby amended by
deleting the following provision:
Any employee who is entitled to pension fund
benefits under Ga. Laws 1945, page 813, et
seq., shall have the right, before or within
ninety (90) days after the date of his or her
retirement, to elect in writing to receive
retirement benefits for his or her surviving
spouse. If the employee elects survivorship
benefits of the pension to which that employee
is entitled under Ga. Laws 1945, page 813, et
seq., there shall be deducted from said
benefits due the employee the same percentage
reduction that would have been applicable for
that employee for the same level of benefits
afforded the spouse as applicable to employees
making the spousal election under Ga. Laws
1949, page 1070 at 1076, to pay for said
survivorship benefits. Upon the death of the
employee, the spouse of said deceased employee
shall be entitled to 100% of the pension
.
benefits without the above deductions that
would be payable to said deceased employee and
shall be entitled to any increases or
adjustments in said pension as if said
employee were still in life as provided by Ga.
Laws 1945, page 813, et seq.
and by substituting therefor the following:
Any employee who is entitled to pension fund
benefits under Ga. Laws 1945, page 813, et
seq., shall have the right, before or within
ninety (90) days after the date of his or her
retirement, to elect in writing to receive
retirement benefits for his or her surviving
spouse, with said benefits to be paid
according to the same terms and conditions as
for survivorship benefits under 1949 Ga. Laws,
p. 1070 et seq., as amended, subject to any
increases and adjustments in said pension as
if said employee was still in life as provided
by Ga. Laws 1945, p. 813, et seq.
Section 2.
All persons legally receiving or entitled
to at the effective date of this ordinance retirement payor
pensions or any other sum in accordance with any law then in force,
shall continue to receive such retirement payor pensions or sums
in accordance with the provisions of the respective laws, and shall
continue to have the rights and duties in respect to all pensions,
retirement and disability benefits, and all other benefits and
rights as previously existing or hereafter existing under the
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respective Acts under which he made a contribution, provided by the
respective Acts relating to such funds then in force.
Section 3.
This ordinance is adopted by the Augusta-
Richmond County Commission pursuant to the provisions of O.C.G.A.
~36-35-3 providing for Home Rule for Municipalities and pursuant to
the provisions of the Constitution of the State of Georgia which
provide for Home Rule by Counties.
Section 4.
All laws or ordinances or parts of laws or
ordinances in conflict with this ordinance are hereby repealed.
Section 5. This ordinance shall become effective upon
its being filed with the Secretary of State of Georgia and with
the Clerk of Superior Court of Richmond County, Georgia, in
accordance with all applicable law.
ADOPTED, this 3d day of December, 1996, and this 17th day
of December, 1996.
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