149.01 Duties of department heads generally.
149.02 Official bonds.
149.03 Compensation of officers other than regular salary.
149.04 Employees' Retirement and Benefit Fund; Defined Contribution Plan.
149.05 Board of Trustees.
149.06 Disability, accident and health insurance.
149.07 Choice of employee; payroll deductions.
149.08 City as collecting agent.
149.09 Entering military service.
149.10 Records to be City property.
149.11 Compulsory Retirement.(Repealed)
149.12 Vacations.
149.13 Sick leave.
149.14 Injury leave.
149.15 Special absences.
149.16 Leave for military duty.
149.17 Residency requirements.
149.18 Classification of employees.
CROSS REFERENCES
Executive and administrative officials - see CHTR. Sec. 40
Political activity of officers and employees - see CHTR. Sec. 42
Bribery of City officials - see CHTR. Sec. 75 et seq.
Civil Service - see ADM. Art. 159
Public employees to obey traffic regulations - see TRAF. 303.04
(a) All employees of the Director of Finance's office receiving or handling money, all other persons authorized to collect or handle any money belonging to the City, and all other persons required by law to be bonded, shall be bonded with corporate surety bonds written by a surety company authorized to operate in the State of West Virginia, in such amounts as Council shall determine by ordinance.
(b) The premiums on surety bonds required of officers and employees shall be paid by the City out of the appropriations for the departments concerned.
(c) All surety bonds required of officers and employees shall be approved as to form by the City Solicitor and City Manager and filed with the City Clerk, who shall keep a record thereof.
(1961 Code Sec. 143.02)
(1961 Code Sec. 143.02)
No officer or official of the City shall receive compensation from the City or from any board or commission of the City, other than his regular salary. This prohibition against payment of compensation shall apply not only to regular boards and commissions of the City as provided for by the Charter, but also to any boards or commissions of the City established under authority of the acts of the legislature of the State, of the Congress of the United States or of any other authority, and shall include special boards or commissions which may hereafter be established by Council for the purpose of permitting Municipal projects to be constructed on a self-liquidating basis, through the issuance of revenue bonds or other forms of financing of a self-liquidating nature.
(1961 Code Sec. 143.03)
(1961 Code Sec. 143.03)
(a) Employees’ Retirement and Benefit Fund.
(1) Council does hereby establish an Employees' Retirement and Benefit Fund for the employees of the City as set forth and described in West Virginia Code 8-22-2, by adopting all of the terms and provisions of West Virginia Code Article 8-22.
(2) The City's Employees' Retirement and Benefit Fund is hereby amended to allow a designated beneficiary to receive retirement pension upon the death of a member receiving retirement pension pursuant to West Virginia Code 8-22-9(b).
(3) Contributions made by a member of the Fund shall be before tax, pursuant to Section 414 (h) (2) of the Internal Revenue Code [26 U.S.C. Sec. 414 (h) (2)].
(4) Members of the Fund who have been honorably discharged from the military shall receive up to two years prior service credit for military service prior to their employment with the City.
(5) "Average salary" means the highest annual salary earned by a member during a period of three consecutive years within the total service of the member pursuant to West Virginia Code 8-22-3 (k).
(6) Pursuant to West Virginia Code 8-22-5, employees who did not participate in the Fund when first eligible or who were not permitted to join the Fund when first eligible or who were not permitted to join the Fund when they were first hired due to the prior age sixty limitation, may now participate in the Fund. Such members may purchase prior service by paying into the Fund the employee contributions they would have contributed had they been in the Fund plus interest at the rate of six percent (6%) annually. Members shall be given two years to pay these contributions.
(Ord. 11243. Passed 5-6-97.)
(Ord. 11243. Passed 5-6-97.)
(7) There is hereby established an ad-hoc cost-of-living increase for retired members and their beneficiaries which shall be based upon the increase in the National Consumer Price Index, but in no case shall exceed three percent (3%) per annum. Such increase must be deemed financially feasible based upon an actuarial certification of the Municipal Employees’ Pension Fund. There may be future ad-hoc cost-of-living increases, however, such is contingent upon a yearly resolution which may be adopted by Council. The resolution must stipulate that an ad-hoc cost-of-living increase is financially feasible based upon an actuarial certification of the Municipal Employees’ Pension Fund. This ad-hoc cost-of-living increase will be given in the form of one lump sum payment per calendar year.
(Ord. 11989. Passed 2-15-00.)
(Ord. 11989. Passed 2-15-00.)
(b) Defined Contribution Plan.
(1) Council does hereby establish a Defined Contribution Plan, which shall consist of one or more plans approved by Council by ordinance (collectively, the “Plan”).
(2) The Plan shall meet the requirements of Section 401(a) of the Internal Revenue Code and shall be administered pursuant to the plan and trust agreement to be incorporated by reference into the ordinance approving the Plan.
(3) Each new employee of the City may, within thirty days of commencement of employment, and each present employee of the City may:
A. On or before September 30, 1997,
B. Within thirty days after attaining ten years of total service credit, or
C. Within thirty days after attaining thirty-five years of total service credit,
make an irrevocable election to participate in the Plan and to waive any right to participate, or in the case of a present employee to participate further, in the Employees’ Retirement and Benefit Fund. In the case of a present employee so electing, that employee’s total service credit shall be frozen as of the election, and that employee shall be entitled only to those benefits under the Employees’ Retirement and Benefit Fund that shall have accrued as of the election, but shall accrue no further benefits under the Employees’ Retirement and Benefit Fund.
(4) The City shall contribute to the Plan an amount equal to six percent (6%) of earnings annually on behalf of each participating employee, and each participating employee shall contribute not less than six percent (6%) of earnings annually. Contributions made by the employee shall be before tax, pursuant to Section 414(h)(2) of the Internal Revenue Code (25 U.S.C. Sec. 414(h)(2)).
(5) “Employee” for the purpose of this section shall be defined as in Section 159.19(h) of this Code.
(Ord. 11243. Passed 5-6-97.)
The Board of Trustees of the Employees' Retirement and Benefit Fund, under the terms and provisions of West Virginia Code 8-22-4, shall consist of the Mayor and four members of the Fund who shall hereafter be appointed by the Mayor with the advice and consent of the majority of the members of the Fund. The initial appointments of the four members of the Board of Trustees shall be for terms of one, two, three and four years respectively, after which all appointments shall be for the term of four years. The presiding officer of the board shall be the Mayor, and the secretary thereof shall be appointed by the Board of Trustees.
(1961 Code Sec. 143.05)
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