All appointments and promotions of city officers and employees
shall be on the basis of merit and fitness demonstrated by examination
or other evidence of competence.
[Added 1987 by a majority of the
voters of the City of Kirkwood]
(a)
Creation of plan. There is hereby created a Policemen's and
Firemen's Pension Plan to provide a fund for retired and disabled
employees of the police and fire departments of the City of Kirkwood.
This Plan shall be the sole and only plan for said employees, and
shall be the successor in interest to all prior plans for said employees.
(b)
Board of Trustees established, membership. The administrative and
custodial functions of the Plan shall be in the control of a Board
of Trustees consisting of seven members. The membership of the Board
shall be the Mayor, or the Mayor's designee as approved by the
City Council, the Police Chief, the Fire Chief, two Firemen, and two
Policemen. The police chief and fire chief shall serve as trustees
for the period of time they hold the positions of fire chief and police
chief for the City of Kirkwood. The Mayor, or if the Mayor shall choose
not to sit on the Board of Trustees and designate a replacement (who
shall be approved by the City Council), shall serve for as long as
he shall be Mayor of the City and the designee, if so designated,
shall likewise serve a term simultaneous to that of the Mayor who
appointed said designee. The two members who are firemen shall be
elected by a majority of firemen voting by secret ballot at an election
called for such purposes. Such election shall be administered by the
City Clerk of the City and shall be held between September 1 and December
1, of each year (except for the first election as set out herein).
Each fireman so elected shall serve a term of two years commencing
on the first of the year following said election. Special elections
shall be held to fill any vacancies created prior to the normal expiration
of a term. Such persons so elected shall fulfill the remaining unexpired
term. An alternate member shall also be elected each time an election
is held, being the person receiving the second highest vote in such
election. Such alternates shall serve a term simultaneously with the
member then elected. Such alternates shall have the power to participate
and vote as a member of the Board at any time Board action is being
taken and the regular member is not in attendance. The alternate shall
have no power to participate as a member of the Board if the regular
member is present at the times such action is being taken, even if
the regular member was not present during the entire meeting in which
such action is being taken.
Notwithstanding the above, the first election to elect the said
two firemen to the board of trustees shall occur within 30 days after
the Charter of the City of Kirkwood shall have been amended by this
amendment. In the first election, the two persons elected as regular
members of the Board shall be those firemen receiving the highest
and second highest vote in said election. The alternates elected shall
be those firemen receiving the third highest and fourth highest votes
in such election. The fireman receiving the highest number of votes
shall serve a full two-year term and shall serve until his replacement
is elected at the next regular election date. The fireman receiving
the second highest number of votes shall serve a one-year term and
shall serve until his replacement is elected for a regular two-year
term at the next regular election (so that the terms of the firemen
shall be staggered). The fireman receiving the third highest vote
shall be the alternate for the fireman receiving the highest vote,
and the fireman receiving the fourth highest vote shall be the alternate
for the fireman receiving the second highest vote.
The two members who are policemen shall be elected by a majority
of policemen voting by secret ballot at an election called for such
purposes. Such election shall be administered by the City Clerk of
the City and shall be held between September 1 and December 1, of
each year (except for the first election as set out herein). Each
policeman so elected shall serve a term of two years commencing on
the first of the year following said election. Special elections shall
be held to fill any vacancies created prior to the normal expiration
of a term. Such persons so elected shall fulfill the remaining unexpired
term. An alternate member shall also be elected each time an election
is held, being the person receiving the second highest vote in such
election. Such alternates shall serve a term simultaneously with the
member then elected. Such alternates shall have the power to participate
and vote as a member of the Board at any time Board action is being
taken and the regular member is not in attendance. The alternate shall
have no power to participate as a member of the Board if the regular
member is present at the times such action is being taken, even if
the regular member was not present during the entire meeting in which
such action is being taken.
Notwithstanding the above, the first election to elect the said
two policemen to the Board of Trustees shall occur within 30 days
after the Charter of the City of Kirkwood shall have been amended
by this amendment. In the case of that election, the two persons elected
as regular members of the Board shall be those policemen receiving
the highest and the second highest vote in said election. The alternates
elected shall be those policemen receiving the third highest and fourth
highest votes in such election. The policemen receiving the highest
number of votes shall serve a full two-year term and shall serve until
his replacement is elected at the next regular election. The policemen
receiving the second highest number of votes shall serve a one-year
term and shall serve until his replacement is elected for a regular
two-year term at the next regular election (so that the terms of the
policemen shall be staggered). The policeman receiving the third highest
vote shall be the alternate for the policeman receiving the highest
vote, and the policeman receiving the fourth highest vote shall be
the alternate for the policeman receiving the second highest vote.
An Advisory Trustee shall also be selected by the Board of Trustees
from the members of the plan who are retired. Prior to selection of
the Advisory Trustee, the Board shall cause the retirees to be notified
by regular mail and given 30 days from the date the last notice is
mailed to make suggestions as to the appointment. However, the Board
shall select a retiree as Advisory Trustee who shall fairly represent
the retirees. The Advisory Trustee shall attend all meetings and participate
in all discussions as if a member of the Board, but shall not vote.
(c)
Chairman of the Board of Trustees. The Board of Trustees shall elect
one of its members to serve as chairman and such person shall preside
at its meetings. In addition, the Board may elect such other officers
from among its members as it deems necessary to fulfill the obligations
of the Board. The chairman of the Board of Trustees shall also select
the election date between September 1 and December 1 of each year
subject to the approval of the Board of Trustees. If a date for an
election cannot be so established by the chairman or the Board, then
the election date shall be December 1 of each year.
(d)
Legal advisor and staff. The Board shall be empowered to employ whatever
advisors, employees or consultants as may be reasonable and necessary
to fulfill the obligations of the Board. However, the Board shall
select a legal advisor, which legal advisor may not be employed by
or have any attorney-client relationship with the City of Kirkwood,
Missouri. Likewise, the Board shall appoint a professional actuary
who shall prepare at least one report per year regarding the actuarial
soundness of the Plan and fund. Such actuary may make such other reports
as may be requested from time to time by the Board, and shall likewise
have no client relationship with the City of Kirkwood, Missouri.
(e)
Powers and duties of the Board. The Board of Trustees shall have
the same powers and duties as the "named fiduciary" within the meaning
of Section 402 of the Employee Retirement Income Security Act of 1974
as amended from time to time, with respect to the control or management
of the assets of the Plan and shall administer the Plan through its
duly authorized officers in a uniform and non-discriminatory manner.
A responsibility of the Board as a named fiduciary shall be to appoint
and remove in its discretion one or more investment managers to manage
(including the power to acquire and dispose of) all, or one or more
portions of the Fund.
The Board shall administer the Plan in accordance with its terms
and it shall have all powers necessary to carry out the provisions
of the Plan, whether or not such powers are specifically enumerated
herein, but not inconsistent with any of the express terms and conditions
of the Plan including the power to make and publish such by-laws and
regulations as it may deem necessary to carry out the provisions of
the Plan.
Without limiting the generality of the foregoing, the Board
shall have the general management of the Plan and the sole, final
and absolute right to reconcile any inconsistency in the Plan, to
interpret and construe the provisions of the Plan in all particulars,
in such manner and to such extent as it deems proper, and to take
all action and make all decisions and determinations under the Plan
and/or in connection with its administration, interpretation, and
application. Any interpretation or construction placed upon any term
or provision of the Plan by the Board, any decision of the Board with
regard to the eligibility of an employee to become a participant,
the rights of a participant, a former participant, or the beneficiaries
of either of them, or any other person, any reconciliation or inconsistency
in the Plan made by the Board or any other action, determination or
decision whatsoever taken by the Board shall be final, conclusive
and binding upon all persons and parties interested in or concerned
in the Plan, including, but not by way of limitation, the employees,
participants, former participants, and beneficiaries. No Board member
shall act or vote in any case in which his individual right or claim
to any benefit is particularly involved.
(f)
Medical Review Committee. The Board shall select three physicians
to serve as a Medical Review Committee. The physician's appointed
shall serve at the will of the Board and may be removed at any time
provided the Committee shall always have three physicians. The Medical
Review Committee shall at the request of the Board review medical
data, and conduct medical examinations. The Medical Review Committee
shall report its findings to the Board. Fees for medical examinations
shall be paid from the fund upon approval by the Board. Decisions
of the Medical Review Committee require at least two members of the
Committee to concur in such decision.
(g)
Quorum and meeting of Board. Four members of the Board at any time
in office shall constitute a quorum for the transaction of business.
All resolutions and other actions taken by the Board at any meeting
shall be by a vote of the majority of those present at any such meeting.
The Board shall hold meetings upon such notice, at such place(s),
such time(s) as it from time to time determines provided such meetings
shall be held at least once in each calendar quarter. The Board shall
publish a schedule of such meetings which shall be open to the public
unless the subject matter of such meetings permits such meetings to
be closed pursuant to State law. Three members of the Board may call
for a special meeting upon five days written notice. The Board shall
likewise cause to be kept a record of all its proceedings and such
records and other data as may be necessary for the administration
of the Plan.
(h)
No compensation, No Obligation for Prior Boards. The Board members
shall serve without compensation for their services. The Board members
shall however be reimbursed for reasonable expenses incurred by Board
members. However, all expenses shall be approved beforehand by the
Board at a public meeting of the Board. Likewise, the Trustees who
shall take office as a result of this charter amendment shall have
no obligation to examine the books, records, accounts, or acts of
the Boards of Trustees of the prior plans and, in consideration of
their assumption of the positions herein shall be able to accept such
books, records and accounts in good faith, and shall have no liability
whatsoever for the acts of the Boards of Trustees of the prior plans.
The Board of Trustees shall not be liable hereunder for any actions
performed by them in good faith and shall be liable only for criminal
acts, or as the law so designates.
(i)
Non-discrimination by the City and change in benefits or contributions.
Insofar as the City Council of the City of Kirkwood shall act to establish
the City's contribution to the Plan, the City shall not discriminate
between policemen and firemen, and civilian employees of the City,
which computation shall include social security contributions made
by the City. Likewise, the City Council shall establish disability
benefits for policemen and firemen which shall be at a minimum of
disability benefits established by Ordinances of the City which were
in effect as of December 31, 1986. If changes shall be made to disability
benefits in the future by the City Council of the City of Kirkwood,
those changes shall be no less than established as of December 31,
1986.
After the date this Amendment becomes effective, the City Council
shall not alter, change or terminate the Plan benefits or contributions
made by the City to the Fund until any alteration, change or plan
of termination shall have been presented to the Board for the Board's
review, which review shall take no more than 60 days from the date
received by the Board.
If the Board shall dispute, take exception to, or suggest alternatives
to the alteration, change or plan of termination proposed by the City
Council, the City Council may not execute the alteration, change or
plan of termination until specific comment, together with supporting
analysis, shall have been made by the City Council and delivered to
the Board specifically answering the disputes, exceptions, or suggested
alternatives promulgated by the Board. Whenever the City Council shall
propose or suggest to alter, change or terminate the Plan, all supporting
studies and analyses shall be likewise presented to the Board.
(j)
Authority to enter into agreements. The Board of Trustees is hereby
empowered to enter into such agreements with the City of Kirkwood,
or other pension funds of the City of Kirkwood, for the co-investment
of funds or the management of funds.
(k)
Trustee serves until replaced. Any trustee holding a Board position
at the time this charter amendment takes full effect shall continue
to serve until replaced under the provisions of this charter amendment.
(l)
Past Ordinance still effective. All ordinances, regulations, resolutions
in force at the time this charter amendment takes effect which are
not necessarily inconsistent with the provisions of this charter amendment
shall remain in force until modified or repealed by or under the authority
of this charter.
(m)
Effective date and first meeting. This charter amendment shall be
in full force and effect for all purposes on and after the date and
time of the first meeting of the newly elected trustees. The City
Council shall at its next regularly scheduled meeting after the first
election to be held under the terms of this charter amendment confirm
the results thereof and swear into office the trustees then elected
and designated. Thereupon the newly elected and appointed members
of the Board of Trustees shall forthwith become the official Board
of Trustees of the Policemen's and Firemen's Pension Plan
and shall conduct the first meeting of the newly elected Board of
Trustees.
(n)
Severability. If any provision of this charter amendment shall be
found by a court of competent jurisdiction to be unlawful in any respect
then the remaining provisions shall stand separately and be construed
and interpreted so as to insure compliance with all legal requirements.
