[CC 1970 §19-30; Ord. No. 5561 §1, 5-9-2000; Ord.
No. 5704 §1, 6-25-2002; Ord. No. 6703, 6-8-2021]
A. The
Board of Aldermen may provide, by ordinance, for a plan to provide
pension benefits to non-uniformed employees. For purposes of this
and related Sections, "non-uniformed employees" shall
mean those persons employed by the City on a regular, full-time, permanent
basis, but shall not include uniformed Fire or Police Department personnel
or persons employed in advisory capacities. Any person employed by
the City for at least the number of hours per week (but not less than
thirty (30)) and for at least the number of months per year which
are customarily considered "full-time and permanent" for such person's
office or department as set forth in the City personnel regulations
shall be deemed to be employed on a regular full-time permanent basis.
B. The
Board of Aldermen shall have the right to terminate the plan at any
time and to make from time to time any amendments to the plan which
do not cause any part of the funds of the retirement fund to be used
for, or diverted to, any purpose other than the exclusive benefit
of employees included in the plan.
C. Providing
such a plan shall not be construed as an employment contract between
the City and any employee. Participation in the plan shall not give
any employee the right to be retained in the employ of the City or
to have any right or interest in the plan or trust related thereto
other than as provided by law or in the plan itself.
[CC 1970 §19-31; Ord. No. 5561 §1, 5-9-2000; Ord.
No. 5704 §1, 6-25-2002]
A. The
non-uniformed pension plan shall be administered by a Board of Trustees
of seven (7) persons. Three (3) members shall be residents of the
City, who shall be appointed by the Board of Aldermen and who shall
serve terms of three (3) years, except that the first (1st) such members
shall serve terms of one (1), two (2) and three (3) years, respectively.
Two (2) members shall be elected by the participants in the plan from
different offices or departments and shall serve terms of two (2)
years, except that the first (1st) such members shall serve terms
of one (1) and two (2) years respectively. Two (2) members shall be
members of the Board of Aldermen, one (1) of whom may be the Mayor,
who shall serve at the pleasure of the Board of Aldermen. In addition
to the foregoing members, the Director of Finance of the City shall
serve as an ex officio member of the Board of Trustees without the
power to vote and as its Secretary-Treasurer.
B. The
Board of Trustees shall elect its own Chairman and Vice Chairman.
C. The
Board of Trustees shall perform such duties and exercise such powers
as may be specified in the plan approved by the Board of Aldermen.
[CC 1970 §19-32; Ord. No. 5561 §1, 5-9-2000]
A. The
Board of Aldermen may provide, by ordinance, for a plan to provide
pension benefits to Police and fire employees. For purposes of this
and related Sections, "Police and fire employees" shall mean employees employed full-time by the City as a Police
Officer or firefighter, including all ranking officers but excluding
civilian employees.
B. The
Board of Aldermen shall have the right to terminate the plan at any
time and to make from time to time any amendments to the plan which
do not cause any part of the funds of the retirement fund to be used
for, or diverted to, any purpose other than the exclusive benefit
of employees included in the plan.
C. Providing
such a plan shall not be construed as an employment contract between
the City and any employee. Participation in the plan shall not give
any employee the right to be retained in the employ of the City or
to have any right or interest in the plan or trust related thereto
other than as provided by law or in the plan itself.
[Ord. No. 6801, 1-10-2023; Ord.
No. 6823, 3-28-2023]
The Board of Aldermen hereby amends Ordinance 6801 as adopted
on January 10, 2023, by repealing Exhibit A attached thereto and substituting
in lieu thereof a new exhibit to be denominated as Exhibit A-1, attached hereto and incorporated herein by this reference,
and further hereby approves and re-adopts The City of Clayton Uniformed
Employees’ Retirement Plan and Trust Total Restatement dated
January 2023. The Board of Aldermen authorizes and directs the City
Manager, the Uniformed Employees’ Pension Plan Board of Trustees,
the Plan Administrator, and other duly authorized officials responsible
for administration of such Plan to take such actions as may be necessary
and appropriate to carry into effect the changes authorized hereby
as required by law.
[CC 1970 §19-33; Ord. No. 5561 §1, 5-9-2000]
A. The
Board of Aldermen shall appoint an administrator for the uniformed
employee pension plan, who may be a single individual or may consist
of a committee of three (3) or more persons. Such administration shall
serve at the pleasure of the Board of Aldermen. Any such individual
may resign by submitting his/her written resignation to the Board
of Aldermen. The administrator also may serve as a trustee, if so
designated by the Board of Aldermen.
B. If
the administrator is a committee, it shall elect one (1) of its members
to be the chairman. The administrator or the chairman of the committee,
as the case may be, shall be the agent for service of legal process
on the plan. If the administrator shall be a committee, a majority
thereof shall constitute a quorum for the transaction of business,
but the concurrence of a majority of the members shall be necessary
for any resolution or other action taken by the committee. No individual
acting as administrator and no individual acting as a member of a
committee constituting the administrator shall act or vote on any
question relating solely to himself/herself or act or vote in any
case in which his/her individual right or claim to any benefit under
this agreement is particularly involved. In any case in which the
individual serving as administrator is so disqualified or in which
a majority of the members of the committee constituting the administrator
are so disqualified, the Board of Aldermen of the City shall be constituted
as administrator to exercise all of the powers of the administrator
concerning the matter over which the administrator is disqualified.
C. If
the administrator is a committee, one (1) or more of their number
of any agent may be authorized by the committee to execute or deliver
any instrument on behalf of the committee, including directions, notifications
and instructions to the Trustee. The Committee shall notify the Trustee
by written instrument signed by all members of the committee of the
person or persons having such authority. The Trustee may rely on such
authority until revoked in writing by the committee.
D. No
individual serving as administrator, or as a member of the committee
constituting the administrator, shall receive any compensation for
his/her service in such capacity if he/she is also an employee of
the City. Any other person shall receive his/her compensation, if
any, from the City.
E. The
administrator shall have such power, not specifically reserved to
the Board of Aldermen or to the Trustee, as may be provided in the
plan or as may be necessary, expedient or advisable in administering
the plan.
[CC 1970 §19-34; Ord. No. 5561 §1, 5-9-2000; Ord. No. 6312 §4, 3-25-2014]
A. The
Board of Aldermen shall appoint a trustee pursuant to the terms of
the plan, which shall continue to consist of seven (7) members serving
without compensation, comprised of the Mayor of the City, two (2)
members of the Board of Aldermen to be chosen by the Board, one (1)
citizen of the City, outside of the City administration, to be appointed
by the Mayor with the approval of the Board of Aldermen, one (1) member
of the Police Department, one (1) member of the Fire Department and
one (1) additional member of either the Fire or Police Department
to be elected by the majority vote of the employees of their respective
departments, with the additional member of either the Fire or Police
Department to be elected alternately from the Fire Department and
the Police Department by a majority vote of the employees of such
department. Members of the Board of Trustees shall serve for a term
of two (2) years or until their successors shall be chosen in the
manner provided herein. Should any vacancy occur during the term of
any appointment by reason of death, resignation or inability to perform
the duties of trustee, such vacancy shall be filled in the same manner
as prescribed above, and the appointee shall serve the remaining term
of membership or until his/her successor shall be chosen.
B. The
Board of Trustees shall perform the duties assigned to them by Federal
and State law and by the Charter and Ordinances of the City and by
the terms of the plan as provided from time to time. The Board of
Aldermen shall have the authority and responsibility to adopt and
revise from time to time an investment policy to guide the general
goals and objectives that the Board of Trustees should pursue and
follow in its investment of assets held by the plan.
[CC 1970 §19-35; Ord. No. 5561 §1, 5-9-2000]
A. The
City Manager may, from time to time, establish and provide for such
additional benefits and benefit programs, establish conditions of
eligibility with respect to such benefits and, from time to time,
amend, revise, abolish, terminate or withdraw such benefits, as may
be determined to be in the best interests of the City and its inhabitants
and otherwise legally permissible for municipal employees in this
State including, but not limited to, deferred compensation benefits;
401(k) savings plan; flexible spending plan; health, life and disability
insurance; retiree health care coverage; tuition reimbursement program;
and other benefit programs deemed appropriate to attract and retain
a qualified and experienced workforce.
B. Any
such benefits or programs now in force or available to City employees
shall continue in full force and effect until and unless hereafter
modified as provided herein, notwithstanding repeal of any Municipal
Code provisions related thereto.