CHARTER ORDINANCE NO. 86

CHARTER ORDINANCE relating to city pensions; exempting the City of Kansas City, Kansas, from K.S.A. 13-1497, 13-1497a., 13-1498, 13-1499, 13-1499a., K.S.A. 1981 supp. 13-14,100, K.S.A. 13-14,101, 13-14,102, K.S.A. 1981 supp. 13-14,103, K.S.A. 13-14,104, and 13-14,105; repealing Charter Ordinance Numbers 3, 4, 14, 27, 42, 52, 59, 60, and 67 of the City of Kansas City, Kansas; and providing substitute and additional provisions on the same subject.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF KANSAS CITY, KANSAS:

Section 1. The City of Kansas City, Kansas, by the power vested in it by article 12, section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 13-1497, 13-1497a., 13-1498, 13-1499, 13-1499a., K.S.A. 1981 supp. 13-14,100, K.S.A. 13-14,101, 13-14,102, K.S.A. 1981 supp. 13-14,103, K.S.A. 13-14,104, and 13-14,105 and provide substitute and additional provisions as hereinafter set forth in this Charter ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities.

Section 2. [The following words, terms, and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Retirees" shall be those persons who have received a pension from the city under the provisions of K.S.A. 13-1497 to K.S.A. 13-14,105, inclusive, as they have been amended from time to time, or under Charter ordinances containing substitute provisions therefor. "Retirees" shall also be those persons who retire or are retired under the provisions of this Charter ordinance.

"Eligible employees" shall be those persons who have contributed to and retained funds in the city pension fund and were employed by the city prior to December 12, 1955, and on the 1st day of May, 1970.

Section 3. The city is hereby authorized to provide funds for pensioning retirees and eligible employees. There shall be levied annually at the time for the levying of taxes for city purposes, and in addition to the taxes heretofore authorized or limited for the purpose of paying such pensions, a tax on tangible taxable property within the limits of the city.

Section 4. The governing body of the city may at any time it desires to do so retire any eligible employee who has reached the age of 60 and has served the city an aggregate of 20 years or more. Any eligible employee who has reached the age of 60, may make application to the governing body to be retired; and upon such application, the eligible employee shall become a retiree and eligible for pension as provided herein. Provided that if any eligible employee leaves the employment of the city at any time prior to retirement and leaves all sums deducted from their salary in the pension fund upon reaching the age of 60, he shall become a retiree and entitled to a pension.

Section 5. It is provided that if any eligible employee should die and leave a widow or widower, so long as they remain a widow or widower, the widow or widower shall receive a pension in an amount equal to the amount the officer or employee would have received if they had retired at the age of 60 or at the time of their death, whichever is greater. And provided, if such an officer, employee or retiree subject to this act has retired and retires and has [died] or shall die after their retirement and leave a widow or widower, and such widow or widower who was his lawfully married spouse at the time of the officer or employee's retirement, the widow or widower shall receive a pension in the amount the retired officer or employee would receive by the provisions of section 6 of this Charter ordinance. Persons authorized to receive benefits under this section and not now receiving a pension shall make an application to the governing body, for such benefits, and upon such application being made to the governing body, such governing body shall immediately accept and approve such application and immediately pass an ordinance to pay such benefits beginning on the date application was filed with the city clerk. Widows or widowers of eligible employees shall not receive a pension until the 60th birthday of the deceased eligible employee.

Section 6. Reserved.

Editor's note— Section 6 of Charter Ordinance No. 86 was amended by provisions contained in Charter Ordinance No. CO-02-09. For amended provisions of new section 6, see Charter Ordinance No. CO-02-09.

Section 7. It is provided that if any such eligible employees leave the employment of the city at any time before their right to retirement under the provisions of this Charter ordinance and leave all sums deducted from their salary with such city upon reaching the age of retirement as provided herein, they shall be entitled to the retirement benefits of this Charter ordinance.

Section 8. Any elective or appointive officer or employee, who shall refuse or omit to perform the duties of his employment, shall not be entitled to receive any of the payments herein provided.

Section 9. Any payments made or to be made, as provided in this act, shall not be assignable or subject to sale or execution and shall not be subject to garnishment or attachment.

Section 10. All eligible employees shall pay to the city four percent of their salary to be used by the city in connection with amounts levied by the city under the provisions of this act, in the payment of the pensions herein provided for. The amounts to be paid by the eligible employees shall be deducted from the eligible employees' salary semimonthly and shall be held by the city treasurer and shall be designated as employees' pension fund. A record of all money deducted from eligible employees' salaries as aforesaid shall be kept by a deputy in the city auditor's office designated by the governing body.

Section 11. That if any elective or appointive officer or employee of the city who has retired under provisions of K.S.A. 13-1497 to K.S.A. 13-14,105, inclusive, as they have been amended from time to time, or under the provisions of Charter ordinances containing substitute provisions therefor, dies, without an eligible widow or widower, the heirs at law or designated beneficiaries of such officer and employee shall receive from the employee's pension fund a sum of money equal to the difference between the money contributed to the employees' pension fund by the deceased officer and employee and the amount of retirement benefits received by the retiree, widow or widower without interest.

Section 12. Elective or appointive officers or employees who desire to withdraw from such city pension or retirement plan or who leave the employment of the city at any time before their right to retirement under the provisions of this act shall, at the option of such officer or employee, be paid all sums deducted from their salary during the term of their employment with such city, without interest. Provided, however, that should any such elective or appointive officer or employee return to the service of such city, he shall not be credited with the number of years served prior to so leaving the employment of such city unless such sum was not withdrawn upon leaving the employment of the city or if withdrawn shall be returned to such city, and provided further that any such elective officer or appointive officer or employee, while remaining in the service of the city, who has heretofore withdrawn from such city pension or retirement plan, may be reinstated in such pension or retirement plan by the payment to the city, not later than February 20, 1962, all sums withdrawn when such officer or employee withdrew from the plan, plus an amount equal to what would have been withheld from their pay from the time of withdrawal to the time of reinstatement.

Section 13. That said original Charter Ordinance Nos. 3, 4, 14, 27, 42, 52, 59, 60 and 67 be and the same are hereby repealed.

Section 14. This Charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 15. This is a Charter ordinance and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the Charter ordinance as provided in article 12, section 5, subdivision (c)(3), of the Constitution of Kansas, in which case the Charter ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED BY THE GOVERNING BODY, NOT LESS THAN TWO-THIRDS OF THE MEMBERS-ELECT VOTING IN FAVOR THEREOF, THE 31st DAY OF AUGUST, 1982.

Approved:

/s/ ___________

President of Board of Commissioners

and Acting Mayor

Attest:

/s/ ___________

City Clerk

Approved as to Form:

/s/ ___________

City Attorney

City of Kansas City, Kansas