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HomeMy WebLinkAboutOrdinances Book 14, Page 699, No Ordinance NumberAN ORDINANCE ESTABLISHING RULES OF THE CITY OF PADUCAH, KENTUCKY, PROVIDING FOR COMPULSORY RETIREMENT OF MEMBERS OF THE POLICE AND FIRE DEPARTT•TNT OF SAID CITY NOW, AND TO BECOME ENTITLED TO RETIREMENT AND RETIREMENT ANNUITY BENEFITS UNDER THE PROVISIONS OF CHAPTER 16 OF THE 1956 ACTS OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY, WHICH CHAPTER OF SAID ACT IS NOW CONTAINED AND INCORPORATED IN CHAPTER 95 OF KENTUCKY REVISED STATUTES; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH b9� WHEREAS, Chapter 16 of the 1956 Acts of the General Assembly of the Commonwealth of Kentucky, now contained and incorporated in Chapter 95 of Kentucky Revised Statutes, prescribes terms and condi- tions under which members of the police department and fire depart- ment of cities of the second class may retire from such service on a service retirement annuity upon, or after reaching the age of fifty years, and having completed at least twenty years of total service;and WHEREAS, Section 8 of said 6hapter 16 of the 1956 Acts of the General Assembly of the Commonwealth of Kentucky (now known as Section 95.858 of Kentucky Revised Statutes) relative to compulsory retirement of members of the police departments and,fire departments of cities of the second class provides as follows: "95.858 Retirement; compulsory. Each member shall be subject to compulsory retirement according to the rules of the city in which he is employed, provided, however, that any member able to perform his assigned duties shall not be precluded from serving at least 20 years." AND WHEREAS, it is the desire and intent of the Board of Commissioners of the City of Paducah, Kentucky, to establish rules of said city requiring compulsory retirement of all members of the police department and fire department of said city now entitled to retirement and retirement annuity benefits under the provisions of Chapter 16 of the 1956 Acts of the General Assembly of the Commonwealth of Kentucky, now contained in Chapter 95 of Kentucky Revised Statutes, and for all members of said departments becoming entitled to such retirement and retirement annuity benefits in the future; NOVI THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY•OF PADUCAH, KENTUCKY: SECTION 1. Any member of the police department or fire de- partment of the City of Paducah, Kentucky, who, after the effective date of this ordinance, becomes fifty-five years of age and at that time has completed at least twenty years of total service in either of said departments, and is entitled to retirement and retirement annuity bene- fits under Chapter 95 of Kentucky Revised Statutes, shall be required to retire from such service and city employment as such member at the 700 end of the calendar month in which he becomes entitled to such retire- ment and retirement annuity benefits. SECTION 2. Any member of the police department or fire department of the City of Paducah, Kentucky, who, at the effective date of this or more ordinance is fifty-five/years of age and as of that date has completed at least twenty years of total service in either of said departments, and is entitled to retirement and retirement annuity benefits under Chapter 95 of Kentucky Revised Statutes, shall be required to retire from such service and city employment as such member at the end of the calendar month in which this ordinance becomes effective. SECTION 3. Any member of the police department or fire depart- ment of the City of Paducah, Kentucky, who, at the effective date of this ordinance, is fifty-five or more years of age and as of that date has not completed twenty years of total service in either of said departments, shall not be reo.uired to retire from such service and city employment as such member until the end of the calendar month during which he completes twenty years of total service as such member and becomes entitled to retirement and retirement annuity benefits under Chapter 95 of Kentucky Revised Statutes, at which time he shall be required to retire from such service and city employment as such member. SECTION 4. Pursuant to Section 95.858 of "entucky Revised Statutes, any member of the police department or fire department of the City o f Paducah, Kentucky, able to perform his assigned duties shall not be precluded from serving at least twenty years as such member. SECTION 5. The City Manager shall prepare a roster showing the age and length of service of all members of the police department and fire department of the City of Paducah, Kentucky, and shall immediately file with the Board of Commissioners of said city a report listing the names of all members thereof who may now be entitled to retirement and retirement annuity benefits by reason of being at least fifty-five years of age and having completed at least twenty years of total service as such member; and listing the names of all members thereof who, if continuing as such, may become entitled to such retirement and annuity retirement benefits during the period of twelve months next after the passage of this ordinance by reason of said age and service, and the respective dates on which each of said members may become so entitled. Annually and at least three months prior to the expiration of each period of twelve months next after the passage of this ordinance the City Manager shall file with said Board of Commissioners a report listing the names of all members of said departments who, if continuing r. 701 as such, may during such period become entitled to such retirement and retirement annuity benefits by reason of said age and service, and the respective dates on which each of said members may become so entitled. In any report required herein to be filed by the City Manager any additional information may be included which he may consider essential or beneficial to said Board of Commissioners; and, upon request of said Board by proper official action, he shall furnish additional information of which he has a record, or of which he can obtain. SECTION 6. Any member of the police department or fire depart- ment of the City of Paducah, Kentucky, subject to compulsory retirement as such, may before such retirement file a request with the Board of Commissioners of said city asking that his employment by the city as such member be continued beyond the date scheduled for his retirement, and such request shall contain his reasons therefor, also any member of such member's department, including but not limited to his superior officers, or the head of his department, or the City Manager may file such request. Upon receiving such request, the Board of Commissioners may, by a motion duly adopted at a regular or called meeting, continue the employment of said member for periods not exceeding one (1) year each, if said Board deems such continuation will be for the best interest of the city. SECTION 7. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 8. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 9. This ordinance shall be in full force and effect from and after its adoption. C. Winston G o son, Commissioner lbert Karnes, Commissioner Passed by the Board of Commissioners March 13, 1962 Recorded by Sarah Thurman, City Clerk, March 13, 1962.