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Home My WebLink About247-08 RESOLUTIONRESOLUTION NO. 247-08 A RESOLUTION TO REQUEST THE STATE LEGISLATURE TO AMEND A.C.A. § 24-12-123 TO REQUIRE APPROVAL BY THE CITY COUNCIL AND AN AUTHORIZING VOTE OF THE CITIZENS TO ALLOW A MAYOR TO RECEIVE A PENSION WHEREAS, A C A § 24-12-123 now provides that if a person serves as mayor of a first class city for at least ten years, he or she shall be entitled to a pension of one-half of ending salary when that retired mayor reaches the age of sixty, and a mayor serving twenty years may retire at any age at one-half salary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville hereby requests that the State Legislature amend A.C.A. § 24-12-123 to remove such pension rights for mayors unless the city council of the mayor's city first approves such pension and such approval by the city council is submitted to and approved by vote of the citizens of that city. PASSED and APPROVED this 16th day of December, 2008. APPROVED: By: D N COOD , Mayor ATTEST: By r``"1i 57g/tiff, 4%41:1/4t01YOF.G,p •it ••3 ;FAYEUEVILLE' s b: PS; / r.S kANs.• . 4 k TON G�.• uuu�au.+ SONDRA E. SMITH, City Clerk/Treasurer a4 AGEN tibli3f‘ W1ID A REQUEST FOR: COUNCIL MEETING OF DECEMBER 16, 2008 tz/o8 c7 *02-67z MINA" 19-0211014 FROM: ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REQUEST THE STATE LEGISLATURE TO AMEND A.C.A. §24-12-123 TO REQUIRE APPROVAL BY THE CITY COUNCIL AND AN AUTHORIZING VOTE OF THE CITIZENS TO ALLOW A MAYOR TO RECEIVE A PENSION APPROVED FOR AGENDA: Bobby Ferrell Alderman Kit Williams City Attorney (as to form) Z • t/-0? Date Date RESOLUTION NO. A RESOLUTION TO REQUEST THE STATE LEGISLATURE TO AMEND A.C.A. §24-12-123 TO REQUIRE APPROVAL BY THE CITY COUNCIL AND AN AUTHORIZING VOTE OF THE CITIZENS TO ALLOW A MAYOR TO RECEIVE A PENSION WHEREAS, A.C.A. §24-12-123 now provides that if a person serves as mayor of a first class city for at least ten years, he or she shall be entitled to a pension of one-half of ending salary when that retired mayor reaches the age of sixty, and a mayor serving twenty years may retire at any age at one-half salary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville hereby requests that the State Legislature amend A.C.A. §24-12-123 to remove such pension rights for mayors unless the city council of the mayor's city first approves such pension and such approval by the city council is submitted to and approved by vote of the citizens of that city. PASSED and APPROVED this 16`s day of December, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 111 IT & PENSIONS re from office for :ion if the person or ?.tired for at least se will be added. rning body of the r clerk -treasurer iin the provisions y salary received 2ount. erved in another retirement plan, ie vesting period rplicable to the service in each sr the provisions :clerk -treasurer s section or any easurer married he option of the ed city clerk or y clerk or clerk - 1117, § 1; Acts J1. 2007, Act 20.?, Revision Commis- 1 RETIREMENT & PENSIONS § 24-12-123 § 24-12-123. First class city mayors (a)(1)(A) In all cities of the first class in this state, any person who shall serve as mayor of the city for a period of not less than ten (10) ,years, upon reaching age sixty (60), or any person who shall serve as mayor of the city for a period of not less than twenty (20) years, without regard to age, shall be entitled to retire at an annual retirement benefit during the remainder of the person's natural life, payable at the rate of one-half (1) of the salary payable to the mayor at the time of retirement. (B) The governing body of the city may provide by ordinance that any person who has served as mayor for a period of not less than ten (10) years may retire upon reaching age fifty-five (55) with the benefits provided under this section, (2) The retirement payments shall be paid monthly and shall be paid from the city general fund. (3) However, a mayor who has served as an elected official or employee of that city prior to or after the person's service as mayor shall count his or her service as an elected official or employee of that city towards the mayor's retirement as follows: (A)(i) At the rate of one (1) year of a mayor's retirement for each two (2) years served as an elected official or an employee of that city up to a maximum of an additional two (2) years' credit towards a mayor's retirement benefit; (ii) If authorized by a city ordinance, at the rate of one (1) year of a mayor's retirement benefit for each two (2) years served as an elected official or an employee of that city up to a maximum of three (3) additional years' credit towards a mayor's retirement benefit if the person has not fewer than twenty (20) years of mayor's credit and is at least fifty-two (52) years of age; or (iii) If authorized by a city ordinance, at -the rate of one (1) year of a mayor's retirement benefit for each two (2) years served as an elected official or an employee of that city up to a maximum of four (4) additional years' credit towards a mayor's retirement benefit if the person has not fewer than twenty (20) yedts of mayor's credit and is at least fifty-four (54) years of age; and (B) Service as an elected official or as an employee of the city that is also covered under another retirement plan offered by the city or that is covered by another benefit provided for by law shall not be applied, towards the mayor's retirement benefits provided for under this section. (4) The minimum retirement benefits shall be two hundred fifty dollars ($250) per month for both salaried and nonsalaried mayors. (5) On January 1 of each year if a retiree under this section has been retired for at (east twelve (12) full months, up to a three percent (3%) cost -of -living increase will he added. (6) Subdivision (a)(5) of this section applies only if approved by the governing body of the city. (b)(1) On the death of any mayor retired under the provisions of subsection (a) of this section or any other acts of the General Assembly, or any mayor who dies in office after becoming eligible to retire under subsection (a) of this section or any other acts of the General Assembly, the spouse of the mayor married to the mayor for ten (10) years or longer may, at the option of the governing body of the city, receive one-half (y) of the retirement benefit the retired mayor was receiving or one-half (k) of the retirement benefit the mayor who died in office was entitled to receive. (2) However, upon remarriage of the spouse, the benefits shall cease, (3) The provisions of this subsection are retroactive to November 1, 1983, at the sole discretion of the governing body of the city. (c) Any mayor retired prior to July 20, 1987, and receiving benefits under prior acts of the General Assembly shall he entitled to continue receiving benefits under the prior acts. Acts of 1987, Act 414, §§ 1 to 3; Acts of 1997, Act 212, § 1, eff April 16, 2001; Acts of 2001, Act 1615, § 1; Acts of 2001, Act 1700, § 1, eff Aug. 1$ 2001; Acts of 2007, Act 293, § 2, cif. July 31, 2007. 189 Clarice Pearman - Res. 247-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Ferrell, Robert 12.22.08 11:49 AM Res. 247-08 Audit Audit Page 1 of 1 Alderman Ferrell: Attached is a copy of the above resolution passed by City Council regarding legislature action for a mayor's pension. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City ClerkrTreasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494F7EC 1 F... 12.22.08 Clarice Pearman - Re: Res. 247-08 From - To: Date: Subject: bobby ferrell Clarice Pearman 12.22.08 12:07 PM Re: Res. 247-08 Page 1 of 1 Clarice, I would like a copy mailed to our local state elected officials. Representatives Lindsay,House,Smith and State Senators Madison and Pritchard. Thanks. If you don't mind I wish you type a little message advising that I asked this be mailed to them. --- On Mon, 12/22/08, Clarice Pearman <cpearman@cifayetteville.ar.us> wrote: From: Clarice Pearman <cpearman@ci.fayetteville.ar.us> Subject: Res. 247-08 To: "Robert Ferrell" <rlsferrell@sbcglobal.net> Cc: "Peggy Bell" <pbell@ci.fayetteville.ar.us>, "Vicki Deaton" <vdeaton@ci.fayetteville.ar.us> Date: Monday, December 22, 2008, 11:49 AM Alderman Ferrell: Attached is a copy of the above resolution passed by City Council regarding legislature action for a mayor's pension. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us SA .€ SDn ,573 ealg Ci,4F 41 7X1O\ ►'h,ason s art; Atte, cLr. wS Sm. Bt t at- c( g MokataL (Ktrti3 -7a- P0.raaair ICItS Sit` . Rp , 3 t w• riv u s,e 6 21 6 C. 4,citAntkv 11 La. 7 .7c7/ letotA66Q 0-4 Let si et 'RP 13171 rine rf s1 ltn �4 ; .7.-Zol file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494F82F9F... 12.22.08 1 Clarice Pearman - Re: Request for mayor's pension From: To: Date: Subject: bobby ferrell Clarice Pearman 12.22.08 4:06 PM Re: Request for mayor's pension Pagel of l Thank you very much. --- On Mon, 12/22/08, Clarice Pearman <cpearman@cifayetteville.ar.us> wrote: From: Clarice Pearman <cpearman@ci.fayetteville.ar.us> Subject: Request for mayor's pension To: housed@arkleg.state.ar.us, madisons@arkleg.state.ar.us, pritchard@arkleg.state.ar.us, smithl@arkleg state.ar.us Cc: "Robert Ferrell" <rlsferrell@sbcglobal.net> Date: Monday, December 22, 2008, 4:00 PM Ladies & Gentlemen: Attached is a copy of a resolution passed by the Fayetteville City Council requesting legislative action to request a mayor's pension. This resolution is being sent to you at the request of Alderman Robert Ferrell. You may contact him at rlsferrell@sbcglobabl.net if you have any questions. Please let me know if there is anything else needed for this item. Have great day! Thanks you for your consideration. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8323 cpea rma n @ci. fayettev i l l e. a r. u s file://C:\Docwnents%20and%2oSettings\cpeaiivan.000\Local%2osettings\Temp\xpgrpwise\494FBB 1 A... 12.22.08 Clarice Pearman - Re: Res. 247-08 From: To: Date: Subject: bobby ferrell Clarice Pearman 12.22.08 4:11 PM Re: Res. 247-08 Page 1 of 2 It is Uvalde Lindsay or Lindsey a new state Rep. who took Marilyn Edwards position. --- On Mon, 12/22/08, Clarice Pearman <cpearman@cifayettevi, From: Clarice Pearman <cpearman@ci.fayetteville.ar.us> Subject: Re: Res. 247-08 To: rlsferrell@sbcglobal.net Date: Monday, December 22, 2008, 4:07 PM Mr. Ferrell: I emailed the resolution to almost everyone you asked me to send contact address for this person. Did you mean Lindsley Smith? can tell me how to contact I will see that he gets a copy of the res Also, please let me know if you would like for me to write a hard good day! Clarice »> (A A. /Jnd$ey c, AUL OaL5 14\ From: bobby ferrell <rIsferrell@sbcglobal.net> To: Clarice Pearman <cpearman@ci.fayetteville.ar.us> Date: 12.22.08 12:07 PM Subject: Re: Res. 247-08 Clarice, I would like a copy mailed to our local state elected officials. Representatives Lindsay,House,Smith and State Senators Madison and Pritchard. Thanks. If you don't mind I wish you type a little message advising that I asked this be mailed to them. --- On Mon, 12/22/08, Clarice Pearman <cpearman@cifayetteville.ar.us> wrote: From: Clarice Pearman <cpearman@ci.fayetteville.ar.us> Subject: Res. 247-08 To: "Robert Ferrell" <rlsferrell@sbcglobal.net> Cc: "Peggy Bell" <pbell@ci.fayetteville.ar.us>, "Vicki Deaton" <vdeaton@ci.fayetteville ar us> Date: Monday, December 22, 2008, 11:49 AM Alderman Ferrell: Attached is a copy of the above resolution passed by City Council regarding legislature action for a mayor's pension. Please let me know if there is anything else needed for this item. Have a good day. file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494FBC39F... 12.22.08 Page 2 of 2 Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494FBC39F... 12.22.08