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ORDINANCE # 2019-3 FIRST AMENDING PENSION PLAN ORDINANCE

PERRY TOWNSHIP

Shiawassee County, Michigan

 

ORDINANCE NO. 2019-3

 

FIRST AMENDING PENSION PLAN ORDINANCE

 

THE TOWNSHIP OF PERRY, SHIAWASSEE COUNTY, MICHIGAN, ORDAINS THAT ALL SECTIONS OF THE SAID “PERRY TOWNSHIP PENSION PLAN ORDINANCE” ARE HEREBY AMENDED TO READ AS FOLLOWS:

 

An ordinance to create and establish an annuity or pension plan for the covered officers and employees of Perry Township and to authorize the Township Supervisor and the Township Clerk to contract, in the name of the Township, for such plan; to define those classes of officers and employees who shall be covered and excluded by such annuity or pension plan; to establish the level of funding which will be provided by the Township of Perry for such plan; to establish the time at which existing and future covered employees shall become eligible for such plan; to establish the normal retirement date for all employees; to set fourth the date wherein each person covered under the annuity or pension plan shall have a vested right or interest in such plan and to repeal all ordinances or parts of ordinances in conflict of herewith.

 

SECTION 1: NAME OF ORDINANCE

 

This ordinance shall be known and cited as the “First Amending Pension Plan Ordinance”.

 

SECTION 2: AUTHORITY TO IMPLEMENT

 

Pursuant to Public Act 77 of 1989, as amended (MCL41.110b), the Township of Perry hereby creates and establishes an annuity or pension plan and program for the pensioning of its covered officers and employees, and for such purposes, also hereby authorizes the Township Supervisor and the Township Clerk to contract, in the name of the Township Board, with any company authorized to transact such business within the State of Michigan for annuities or pensions.

 

SECTION 3: PERSONS COVERED AND EXEMPTED

 

The annuity or Pension Plans created, established and contracted for under this ordinance shall cover each person within the following classes of officers and employees; and exempt the following classes of officers and employees as listed:

 

COVERED:             Perry Township Supervisor

Perry Township Clerk

Perry Township Treasurer

Perry Township Trustees

Perry Township Deputy Clerk

Perry Township Deputy Treasurer

Perry Township Custodian

 

EXEMPT:            Union Employees

Nonresident Aliens

Leased Employees

Election Workers

Seasonal Cemetery Workers

Temporary Workers

Perry Township Assessor

Members of Appointed Boards not listed in covered section

 

SECTION 4: CONTRIBUTIONS, QUALIFICATIONS,  NORMAL RETIREMENT                                    DATE AND TERMINATION

 

  1. The Township of Perry shall annually contribute one hundred (100) per centum of the premium of changes arising under such annuity or pension contract for each person within the covered class of officers and employees enumerated in Section 3 hereof.  Such contributions shall be secured from the general fund of the Township.  Said contributions shall be equal to fifteen (15) per centum of the gross pay for each of the persons in said covered class.

 

  1. Each covered officer or employee enumerated in Section 3 hereof who is employed on the effective date of the annuity or pension plan shall be eligible for coverage on that day, provided he/she then meets the following requirements, otherwise to be eligible on the first policy anniversary on which he/she meets them:

 

  1.   His/her age is at least eighteen  (18) years (nearest birthday) and not                               more that ninety (90) years (nearest birthday).

 

  1.   He/she shall be eligible on the first policy anniversary following said                            employment, if at said time they are at least eighteen (18) years of age                               (nearest birthday).  If said officer or employee has not yet attained the age                                     of eighteen (18) years (nearest birthday) at the time of said employment,                             then he/she shall be eligible on the first policy anniversary following                                   his/her eighteenth (18) birthday.

 

  1. Covered officer’s and employee’s normal retirement date shall be the policy anniversary of the annuity or pension plan nearest his/her birthday.

 

  1. Covered officer’s and employee’s must close out his/her annuity or pension plan at the time of termination by electing a direct rollover of the taxable surrender amount or elect to receive the entire distribution.

 

 

 

 

SECTION 5: VESTING PENSION

 

Each person so covered under the annuity or pension plan shall have a vested right or interest in such plan immediately upon qualification.

 

SECTION 6: EFFECTIVE DATE AND REPEAL OF CONFLICTING ORDINANCES

 

This ordinance shall take effect on the date of its publication .  All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

 

We certify that the foregoing Ordinance Amendment was duly enacted by the Township Board of the Township of Perry, Shiawassee County, Michigan, on the 5 day of June, 2019.

 

 

 

___________________________

Mark Fulks, Supervisor

 

Attest:

 

I, Kelly Schmidt, Clerk of the TOWNSHIP OF PERRY, SHIAWASSEE COUNTY, MICHIGAN, DO HEREBY CERTIFY that the Perry Township First Amending Pension Plan Ordinance, was properly adopted by the Township Board of the TOWNSHIP OF PERRY, SHIAWASSEE COUNTY, MICHIGAN, and that all proceedings were regular and in accordance with all legal requirements.

 

 

____________________________

Kelly Schmidt, Township Clerk

 

Date: June 5, 2019