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HomeMy WebLinkAbout1974-01-07 MinutesMINUTES OF MEETING OF FIREMEN'S PENSION AND RELIEF FUND BOARD JANUARY 7, 1974 4:30 P.M. CITY MANAGER'S OFFICE Present: Donald Grimes, Chairman; Pat Tobin, Treasurer; Helen Young, Secretary; Charles McWhorter, Fire Chief; and Fire Pension Board members Larry Poage, Bill Boudrey, Richard Baird and N. D. McChristian. Minutes of the December 3, 1973 meeting had been previously distributed to the Board members. Bill Boudrey moved the minutes be approved. N. D. McChristian seconded the motion. The motion passed unanimously. Treasurer Pat Tobin presented Pension Authorization Form for the month of January with no changes. Charles McWhorter moved the Pension Authorization Form for the month of January be approved. Larry Poage seconded the motion. The motion passed unanimously. Treasurer Pat Tobin reported that due to interest rate and minimum deposit level fluctuations which occurred shortly after the December 3, 1973 meeting of the Board, the $15,000 which was discussed at the December 3, 1973 meeting was invested for four years at 7-1/2 percent. Telephone approval of the Board members was received before the investment was made. Bill Boudrey moved that the investment of $15,000 for four years at 7-1/2 percent be approved. Richard Baird seconded the motion which passed unanimously. Chairman Grimes read the legal opinion regarding applicability of mandatory Firemen's Relief and Pension Fund salary and compensation withholdings to overtime which had been requested by the Board. The opinion was given by City Attorney Jim McCord. A copy of the written opinion is attached to these minutes. Charles McWhorter moved that as of January 1, 1974 pension deductions not be made from the overtime pay received by firemen. N. D. McChristian seconded the motion. The motion passed unanimously. There being no further business, Charles McWhorter moved the meeting be adjourned. Bill Boudrey seconded the motion which passed unanimously. Chairman Grimes declared the meeting adjourned. ATTEST: • APPROVED: Chairman FAYETTEVILLE, ARKANSAS POSTAL DRAWER F December 6, 1973 OFFICE OF CITY ATTORNEY Mr. Charles McWhorter Fire Chief Fayetteville Fire Department Postal Drawer F City Administration Bldg. Fayetteville, Arkansas 72701 Re: 72701 (501) 521-7700 Legal Opinion Regarding Applicability of Mandatory Firemen's Relief and Pension Fund Salary and Compensation Withholdings to Overtime Dear Chief McWhorter: Pursuant to your request, I have reviewed the Arkansas Statutes pertaining to the Firemen's Relief and Pension Fund in order to determine whether those statutes re- quire a deduction from overtime, as well as deductions from salary. Ark. Stat. Ann. Sec. 19-2221.1 provides that cities may be authorized to•deduct not less than 1% nor inore:than 3% from the salary or compensation of•firemen who participate in the Firemen's Relief and Pension Fund. Ark. Stat. Ann. Sec. 19-2204 provides that a retired fireman who is qualified to receive pen- sion'fund benefits shall be entitled a monthly pension equal to one-half of the salary attached to the rank which he may have held preceding the date of retirement. Since pension benefits are based on the' salary attached to the rank of a fireman at the time of his retirement rather than a fireman's total contributions to the fund, it is my opinion that the legislature did not intend to. • • require withholdings from overtime in addition to with- holdings from regular salary. Sincerely, CITY ATTORNEY James N. McCord JNMc/tm cc: Don Grimes City Manager Pat Tobin City Controller %/Helen Young City Clerk