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| Related Area: | | Administration | | Fire/Emergency Services | | Personnel | |
| Related Elkins Municipal Code (EMC): | |
| Related Year: | 2021 | |
Ordinance #: 2021-08
AN ORDINANCE IMPLEMENTING A MARRIAGE PROVISION FOR MEMBERS OF THE ELKINS LOCAL FIRE PENSION FUND AND FOR OTHER PURPOSES
WHEREAS, the City Council has been advised that without immediate authorization, a surviving spouse of a deceased Elkins Fire Fighter who participated in the local pension program, which has been folded into the state uniformed pension program, will not be eligible to receive the surviving spouse‘s benefits, therefore, the City Council for the City of Elkins desires to implement a marriage provision for eligible members of the Elkins Local Fire Pension Fund. This marriage provision will be intended to ensure an eligible surviving spouse of a retired member of the Elkins Local Fire Pension Fund will continue to receive the monthly retirement benefit the member received prior to death, excepting the benefit available under Ark. Code Ann. sect. 24–11–826. Upon the death of a retired firefighter, the surviving legal spouse, regardless of the date of marriage, should receive the same benefit that the retired firefighter was receiving at the time of death.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELKINS, ARKANSAS:
Section 1. The City Council recognizes that the Arkansas Local Police and Fire Retirement System (LOPFI) is the administrator of the Elkins Local Fire Pension Fund (Local Plan). Therefore, the Chief Administrative Officer is hereby authorized to provide LOPFI an approved copy of this Ordinance approving this marriage provision for this Local Plan. To ensure equity for all eligible participants of the Local Plan, the effective date for this marriage provision shall be retroactive to March 1, 2009.
Section 2. It is the intent of the City Council and it is hereby ordained that the provisions of this Ordinance shall be codified into the Code of Ordinances of Elkins, Arkansas and the sections thereof may be re–numbered and re–lettered as necessary to accomplish such intention.
Section 3. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of the conflict, and if any portion of this ordinance shall be found to be invalid or illegal for any reason, the remaining portions of this ordinance shall remain in full effect.
Section 4. Emergency Clause. Due to the need to promptly implement this benefit amendment for the Local Plan to avoid the wrongful denial of benefits to a surviving spouse of a deceased Elkins Fire Fighter, an emergency is hereby declared to exist and this Ordinance shall be in full force from and after the date of its passage and approval.
PASSED and APPROVED this 2nd day of December, 2021.
BRUCE LEDFORD, Mayor
ATTEST:
DELIA FOSTER, City Clerk