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Home My WebLink AboutORD 6002 AMEND 1949 RETIREMENT PLAN Augusta Richmond GA DOCUMENT NAME: 0, \Cf\~..- ld:D6 DOCUMENT TYPE: OXO\\'O..\()Ce YEAR: C\1) BOX NUMBER:~ FILE NUMBER: \ CJ-\ \ '6' NUMBER OF PAGES: -3, ,~,; '. .". . .~ '. .,. ~f ~ ,. , c, r .. " ORDINANCE NO. {.;, /) 0 ;;.J AN ORDINANCE TO AMEND THE CITY COUNCIL OF AUGUSTA 1949 GENERAL RETIREMENT FUND (GA. L. 1949, p. 1070, AS AMENDED BY GA. L. 1966, p. 3351; GA, L. 1968, p. 2457; GA. L. 1971, p. 3796; GA. L, 1975, p, 2936; GA. L. 1980, p. 3198; GA. L. 1981, p. 4373; ORDINANCE NO. 5245, MARCH 18, 1985; ORDINANCE NO. 5330, APRIL 7, 1986; ORDINANCE NO. 5331, APRIL 7, 1986; ORDINANCE NO. 5397, FEBRUARY 16, 1987; ORDINANCE NO. 5398, FEBRUARY 16, 1987; ORDINANCE NO. 5457, DECEMBER 7, 1987; ORDINANCE NO. 5458, DECEMBER 21, 1987; GA. L. 1988, p. 5224; GA. L. 1988, p. 5425; GA. L. 1988, p. 5428; GA. L. 1989, p. 5268; GA. L. 1990, p. 5386; ORDINANCE NO. 5700, JUNE 21, 1993; GA. L. 1994, p. 5276; ORDINANCE NO. 5776, APRIL 17,1995; GA. L. 1997, p. 4632; GA. L. 1997, p. 4638, ENACTED PURSUANT TO THE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED WHICH PROVIDE FOR HOME RULE BY MUNICIPALITIES AND PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA WHICH PROVIDE FOR HOME RULE BY COUNTIES; SO AS TO PROVIDE FOR AN ADDITIONAL PAYMENT OF $2,000,00 PER YEAR TO CERTAIN PARTICIPANTS; TO PROVIDE FOR TERMNATION OF SUCH ADDITIONAL BENEFIT UNDER CERTAIN CIRCUMSTANCES; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS: Section 1. The City Council of Augusta 1949 Augusta Retirement System (Ga. L. 1949, p. 1070, as amended by Ga. L. 1966, p. 3351; Ga. L. 1968, p. 2457; Ga. L. 1971, p. 3796; Ga. L. 1975, p. 2936; Ga. L. 1980, p. 3198; Ga. L. 1981, p. 4373; Ordinance No. 5245, March 18, 1985; Ordinance No. 5330, April 7, 1986; Ordinance No. 5331, April 7, 1986; Ordinance No. 5397, February 16, 1987; Ordinance No, 5398, February ~16, 1987; Ordinance No. 5457, December 7, 1987; Ordinance No. 5458, December 21, 1987; Ga. L. 1988, p. 5224; Ga. L. 1988, p. 5425; Ga. L. 1988, p. 5428; Ga. L. 1989, p. 5268; Ga. L. 1990, p, 5386; Ordinance No. 5700, June 21, 1993; Ga, L. 1994, p. 5276; Ordinance No. 5776, April 17, 1995; Ga. L. 1997, p. 4632; Ga. L. 1997, p. 4638, is hereby amended by adding a new paragraph at the end of Section VII (adopted as Section 76 of the Charter of the City of Augusta), to wit: Beginning as of the effective date of this ordinance, participants who retired prior to January 1, 1995, shall receive, in addition to their normal retirement benefit, a payment of Two Thousand Dollars ($2,000) per annum until their death or termination of participation in the plan; provided, however, should any Court of competent jurisdiction determine that such additional benefits for such participants is illegal or invalid for any reason, this paragraph shall be repealed immediately upon such order becoming final. so that Section VII shall read as follows: After retirement on or after January 1, 1995 in accordance with the provisions of this Act, an employee shall receive during his lifetime a pension, payable ..~1 .f'~ .. ., .- .. t:t. -. :r'" 7. A . ... t-' ,- .. monthly, at an annual rate amounting to 2.15% of his average annual rate of pay for the last 36 months of his service, multiplied by the number of months of such service up to 360 months plus 1.5% of his average annual rate of payment for the last 36 months of service multiplied by the number of months of service in excess of three hundred sixty (360) monthsi provided, that a pension for disability incurred during the performance of duty shall not be less than 50% of such average annual rate of pay; and, provided further that any amount or amounts received by way of a workers' compensation award, excluding that portion of the award specifically covering medical, nursing, and hospital expenses shall be deducted from the amount of any pension arising out of such disability. Beginning as of the effective date of this ordinance, participants who retired prior to January 1, 1995, shall receive, in addition to their normal retirement benefit, a payment of Two Thousand Dollars ($2,000) per annum until their death or termination of participation in the plan; provided, however, should any Court of competent jurisdiction determine that such additional benefits for such participants is illegal or invalid for any reason, this paragraph shall be repealed immediately upon such order becoming final, Section 2. 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 3. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 4. 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 January , 1998. 16th day of __December 1997 and this 6th day of 4'~ ~ C erk ~ This docuRlent approved as ~1."" ~~17 .,. '.; -.... , .-;-. .... .. ~-'.. ..." T "-, . ~ ,. , I, the undersigned, LENA BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta- Richmond County Commission at two consecutive meetings, held, on the following dates, to-wit: December 16, 1997, and January 6, 1998, as the same appear on the minutes of said Commission. This 6th day of January , 199~~ ci14 " ..;>' .,';