HomeMy WebLinkAbout1967-12-04 MinutesMINUTES
OF
REGULAR MEETING OF BOARD OF TRUSTEES OF THE FIREMEN'S
PENSION & RELIEF FUND OF FAYETTEVILLE, ARKANSAS
The regular meeting of the Board of Trustees of the Firemen's Pension & Relief Fund
of Fayetteville, Arkansas, was held in the City Clerk's Office on Monday, December 4,
1967, at 4:45 P. M.
Present: Fire Chief Burl Skelton, Secretary George J. Davis, and Board Members:
Doyle Morrison, Bill Harris, and Charles McWhorter.
Absent: Chairman Mayor Don Trumbo, City Treasurer Albert J.Jones, and Board Member
Clarence Tune.
In the absence of Mayor Trumbo, Fire Chief Skelton acted as Chairman Pro Tem.
The miliutes of the regular meeting on Monday, November 6, 19679 were read and approved/
The Secretary presented the Authorization Form to pay the November pensions.
Mr. Morrison moved that the disbursements be allowed. The motion was seconded by
Mr. Harris and upon roll call the following vote was recorded: "Aye" Skelton,
Morrison, Harris, and—nyvyY/e
"Nay" None.
There being Four "Ayes" and No "Nays", the Chairman Pro T&m declared the motion passed.
The Secretary reported that Troy Schader, who had been reinstated as a full—time paid
Fireman, had repaid the contributions which he withdrew upon his resignation or the
• total sum of $162.74. This made his reinstatement complete insofar as the Pension &
Relief Fund Was concerned.
The Secretary reported that he had received a letter which the City Attorney had
written to the City Treasurer stating his opinion regarding pensions on Ambulance
Service performed by Fire Department personnel, stating that the salary received by
a Firemhn for Ambulance Service was not includable in determining the pensions for
retiring Firemen.
The Opinion was attached to and made a part of the minutes.
The Board of Trustees further recommended that an opinion be requested from the
Attorney General regarding this.
There being no further business, Mt. Harris moved to adjourn. The motion was seconded
by Mr. Morrison, and passed unanimously, whereupon the Chairman Pro Tem declared
the meeting adjourned.
ATTEST:eX
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FIRE CHIEF BURL SKELTON
CHAIRMAN PRO TEM
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CITY OF FAYETTEVILLE I
FAYETTEVILLE. ARKANSAS .72701 .• !
'1NYON K. KINCAID P. O. box 599 ,• •+
3 1 mnATM"NoT November 10, 1967 -
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It, -Mr. Albert J..Jones
`41F�. City Controller
'i'� rs ,•, r' City Administration Building
Fayetteville, Arkansas
4It
i RE:. Ambulance Service Performed by Fire Department
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Dear Al:
After careful study of the question posed concerning
whether or not compensation received by firemen while perform- ,
ing ambulance services is includable in determining one-half
of the firemen's pay for retirement purposes, I have concluded
i p that. it �s not, My reasoning is as follows:
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ordinance No. 1518, creating the City ambulance service,
I Iestablished a separate ambulance service department of the City .14
of Fayetteville, and charged.i£I wiYhrthe responsibility of
providing ambulance service. Because the service was operated
t. i.,..
y.�4: -under a separate department we were able to provide for Social
' Security benefits for the officers and employees operating the "•
service lwithodt violating Sec. 2-16 of the Fayetteville Code ``ter `',• ,.! of ordinances, even though the personnel operating the service
were actually employees of the fire department also. Ark. Stats.'
Ann. Sec. 19-2204, establishing pension benefits for retired '
f' ,•,'� firemen, provides that the fireman, upon completing the service
�! requirement shall be "entitled to be retired from such service
r'• And shall be entitled to be paid from such funds a monthly
" .-pension equal to one-half (1/2) of the salary.attached to the
,! rank.,wh.lbh he may have held.in said fire department preceding
•;; the date of such retirement V 0 ," Since the statute specifies .l
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Mr. Albert J. Jones 2 October, 1967
that the pension shall be determined by the salary attached to
the rank the fireman held in the "Eire department", I have no
alternative but to conclude that the additional compensation
received by the firemen for performing ambulance service work
is not inclVdable in determining his pension benefits because
he performed these services for a different department- the
Ambulance Service Department. .
If you have further questions, or if the pension board
desires an opinion from the Attorney General, I will be glad
to secure it,
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Sincerely yours,
H:i Kincaid
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