[HISTORY: Adopted by the Township Board of Trustees of the
Charter Township of Pittsfield as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Living wage — See Ch. 21.
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 20, Art. II, of the 2015 Pittsfield
Charter Township Code]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Local Officials Compensation Commission for the Township.
There is created a Local Officials Compensation Commission for
the Township pursuant to MCL 42.6a consisting of five members who
are registered electors of the Township appointed by the Township
Supervisor subject to confirmation by a majority of the members elected
and serving on the Township Board of Trustees. Members shall be appointed
for staggered terms of five years. Members shall be appointed before
October 1 of the year of appointment, and their terms of office shall
commence on August 1. Vacancies shall be filled for the remainder
of an unexpired term. An officer or employee of the Township, any
government agency or unit, or a member of the immediate family of
that officer or employee shall not be appointed to the Commission.
In the event a Compensation Commissioner becomes ineligible for appointment,
that Commissioner's seat shall be vacated immediately.
A.
The Commission shall determine the salary of each Township elected
official, which determination shall be the salary unless the Township
Board of Trustees by resolution adopted by 2/3 of the members elected
to and serving on the Board rejects the determination. A determination
of the Commission shall be effective 30 days following its filing
with the Township Clerk unless rejected by the Township Board of Trustees.
If a determination is rejected, the existing salary shall prevail.
An expense allowance or reimbursement paid to an elected official
in addition to salary shall be for expenses incurred in the course
of Township business and accounted for to the Township.
B.
In the event the Township Board of Trustees takes action regarding
a determination of the Commission, the Board shall consider the determination
for Trustee salaries in a separate vote from the determination for
the Supervisor, Clerk and Treasurer.
A.
The Commission shall meet for not more than 15 session days in each
odd-numbered year and shall make a determination within 45 calendar
days of the first meeting. A majority of the members of the Commission
constitutes a quorum for conducting the business of the Commission.
The Commission shall not take action or make a determination without
a concurrence of a majority of the members appointed and serving on
the Commission. The Commission shall elect a Chair from among the
Commission's members. As used in this section, "session days"
means a calendar day on which the Commission meets and a quorum is
present. The members of the Commission shall not receive compensation,
but shall be entitled to actual and necessary expenses incurred in
the performance of official duties.
B.
The Commission also shall elect a Vice Chair and a Secretary from
among its members.
C.
The Chair shall preside at the meetings of the Commission and shall
determine the time and place of all meetings and shall call such meetings
excepting as otherwise provided in this section, or by resolution
of the Commission. The Vice Chair shall act as Chair in the absence
of the Chair. The Secretary shall keep the minutes of all meetings
of the Commission and shall attend to the giving of all notices respecting
the Commission, and shall act as Chair in the absence of both the
Chair and Vice Chair.
The business the Commission may perform shall be conducted at
a public meeting of the Commission held in compliance with MCL 15.261
et seq. Public notice of the time, date and place of the meeting shall
be given in the manner required by MCL 15.261 et seq.
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 20, Art. III, of the 2015 Pittsfield
Charter Township Code]
To create and establish an annuity or pension plan(s), a cafeteria
plan under Section 125 of the Internal Revenue Code, and group insurance
or prepayment plan(s) covering life, accident, dental care, vision
care, health, hospitalization, medical and surgical service and expense,
and long-term disability insurance, and to authorize the Board of
Trustees of Pittsfield Charter Township to create and establish plans
under which other employment benefits authorized by state or federal
laws are offered to certain officers and employees of the Township;
to authorize the Township Supervisor and the Township Clerk to contract,
in the name of the Township, for such plans and benefits; to define
those classes of officers and employees who shall be covered by such
plans; to ratify and confirm the validity of any of such plans in
existence as of the effective date of this article; and to give the
Township Board of Trustees the authority to amend, modify, or terminate
such plans.
Pursuant to Act 77 of the Public Acts of 1989 (MCL 41.110b)
and Act 359 of the Public Acts of 1947 (MCL 42.1 et seq.), the Township
hereby creates and establishes an annuity or pension plan(s) for the
pensioning of its officers and employees, as enumerated below; and,
for such purposes, also authorizes the Township Supervisor and the
Township Clerk to contract, in the name of the Township Board of Trustees,
with any company authorized to transact such business within the State
of Michigan for annuities or pensions.
The annuity or pension plan(s) established and contracted for
under this article shall cover each person within the following classes
of officers and employees:
A.
Contributions by Township, employee.
(1)
For those persons in Class I, the Township and each individual in
Class I shall contribute annually to said annuity or pension plan(s)
an amount equal to the respective percentages of each person's
pay, salary or compensation as are determined from time to time by
resolution of the Township Board of Trustees. For those persons in
Class II, the Township and each individual in Class II shall contribute
annually to said annuity or pension plan(s) an amount equal to the
respective percentages of each person's pay, salary or compensation
as are determined by the applicable collective bargaining agreement(s).
(2)
The contributions to be paid by the Township shall be secured from
the general fund of the Township. Each person within the class of
officers and employees covered by the plans shall be responsible for
the remainder of the premium or charges; and the Township Treasurer
is authorized to deduct the charges from each person's pay, salary
or compensation and to apply the amount to such person's responsibility.
B.
Eligibility.
(1)
Each officer and employee who is employed on the effective date of
the applicable annuity or pension plan shall be immediately eligible
for coverage under the plan.
(2)
Every officer and employee who subsequently becomes employed shall
be immediately eligible for coverage under the applicable annuity
or pension plan on his or her date of hire.
(3)
The normal retirement date of an eligible officer or employee shall
be the date he or she reaches the retirement age established under
the applicable annuity or pension plan, provided the employee satisfies
the service requirement for normal retirement established under the
plan.
Each person so covered under the annuity or pension plan(s)
shall have a vested right or interest in such plan upon reaching the
eligibility or service requirement established under the applicable
plan.
The Township ratifies and confirms the validity of any annuity
or pension plan(s) in existence as of the effective date of this article.
The Township Board of Trustees shall have the authority, by
resolution, to amend, modify or terminate the annuity or pension plan(s)
at any future time as may be needed or desired to conform with applicable
federal and state statutes, regulations and common law, or otherwise
as the Board may determine.
Pursuant to Act 77 of the Public Acts of 1989 (MCL 41.110b)
and Act 359 of the Public Acts of 1947 (MCL 42.1 et seq.), the Township
hereby establishes a cafeteria plan(s) authorized under Section 125
of the Internal Revenue Code of 1986, as amended, for its officers
and employees, as enumerated below, and dependents of those officers
and employees.
The Section 125 cafeteria plan established under this article
shall cover each person within the following classes of officers and
employees:
The Township ratifies and confirms the validity of any Section
125 cafeteria plan in existence as of the effective date of this article.
The Township Board of Trustees shall have the authority, by
resolution, to amend, modify or even terminate the Section 125 cafeteria
plan at any future time as may be needed or desired to conform with
applicable federal and state statutes, regulations and common law,
or otherwise as the Board may determine.
Pursuant to Act 77 of the Public Acts of 1989 (MCL 41.110b)
and Act 359 of the Public Acts of 1947 (MCL 42.1 et seq.), the Township
hereby creates and establishes a group insurance or prepayment plan(s)
covering life, accident, dental care, vision care, health, hospitalization,
medical and surgical service and expense, and/or long-term disability
insurance for its officers and employees, dependents of those officers
and employees, retired officers and employees, and dependents of those
retired officers and employees, as enumerated below; and for such
purposes, also authorizes the Township Supervisor and the Township
Clerk to contract, in the name of the Township Board of Trustees,
with any company(s) authorized to transact such business within the
State of Michigan for such group insurance or prepayment plan(s).
The group insurance or prepayment plan(s) established and contracted
for under this article shall cover, subject to the terms of the applicable
plan, each person within the following classes of officers and employees:
A.
Class I: All full-time elected officials and full-time employees
of the Township not covered by collective bargaining agreements.
B.
Class II: All full-time employees of the Township covered by collective
bargaining agreements, each bargaining unit constituting a separate
class.
C.
Class III: Retired elected officials and employees of the Township
who meet the eligibility requirements for coverage under the applicable
plan, as determined by resolution of the Township Board of Trustees
or by applicable collective bargaining agreement. If necessary, there
shall be separate classes for eligible retired nonunion employees
and eligible retirees in each bargaining unit.
The Township ratifies and confirms the validity of any group
insurance or prepayment plan(s) in existence as of the effective date
of this article.
The Township Board of Trustees shall have the authority, by
resolution, to amend, modify or even terminate the group insurance
or prepayment plan(s) at any future time as may be needed or desired
to conform with applicable federal and state statutes, regulations
and common law, or otherwise as the Board may determine.
Pursuant to Act 77 of the Public Acts of 1989 (MCL 41.110b)
and Act 359 of the Public Acts of 1947 (MCL 42.1 et seq.), the Township
hereby authorizes the Township Board of Trustees to create and establish,
by resolution, plans under which other employment benefits authorized
by state or federal law are offered to the Township's officers
and employees, as enumerated below.
The other employment benefits authorized under this article
shall cover, subject to the terms of the applicable plan, each person
with the following classes of officers and employees:
The Township ratifies and confirms the validity of any plans
under which other employment benefits are offered to its officers
and employees, in existence as of the effective date of this article.
The Township Board of Trustees shall have the authority, by
resolution, to amend, modify or terminate the other employment benefits
provided to Township officers and employees as may be needed or desired
to conform with applicable federal and state statutes, regulations
and common law, or as otherwise as the Board may determine.
