TC Res. No. 1980-070 0
TOWN OF AVON
RESOLUTION NO. 80-7
SERIES OF 1980
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO THAT:
WHEREAS, Part 10 of Article 30, Title 31, Colorado Revised
Statutes 1973 establishes a new statewide benefit plan for all
full-time paid firemen and policemen in the state hired on or
after April 8, 1978; and,
WHEREAS, Section 31-30-1003 (3) (a), C.R.S. 1973 provides
that an employer may elect to affiliate with the Fire and Police
Pension Association as to its local Police Pension Plan by filing
a Resolution with the Association; and,
WHEREAS, the Board of Trustees of the Town of Avon has
determined it to be in the best interests of the Town to
affiliate with the Fire and Police Pension Association; and,
NOW THEREFORE BE IT RESOLVED by the Town Board that:
1. The Town does hereby elect to affiliate its local
Police Pension Plan with the Fire and Police Pension
Association on January 1, 1980; and
2. In accordance with Section 31-30-1003 (3) (a), the
Town does hereby request from the Executive Board of the
Fire and Police Pension Association an estimate of the
Town's contribution rate necessary to comply with the
contribution requirements established by Part 10, Article
30, Title 31, C.R.S. 1973; and
• •
3. This Resolution shall become effective "law 1980
and the Town Clerk is directed to file a certified copy of
this Resolution with the Fire and Police Pension Association
as soon afters 1980 as is practicable.
L
INTRODUCED, PASSED RESOLVED AND ADOPTED AND ORDERED
PUBLISHED ONCE IN FULL THIS DAY OF 1980.
~o
ATTEST:
Town Clerk
& 61Z 00 awul 9o`ice Yej14calL 6docia&i.it
12110 TO: Mayors and Special Fire Protection Districts
FROM: Wallace Pulliam, Executive Secretary
DATE: April 14, 1980
SUBJECT: Deadline for Submission of Affiliation Resolutions
' As you are aware by now, a new statewide pension plan is in effect for all fire-
fighters and police officers hired on or after ;pril 8, 1978. In addition, the
new law provides that such employees hired before April 8, 1978 may join the
new statewide plan if they so choose. This is accomplished through the affilia-
tion process.
'Basically, affiliation is a two-step process. The first step is taken by the ti
employer in the form of a resolution of intent to affiliate.' The -""resoldtion"'
can only take effect on January 1 of any given year, but it must be filed with'
the Association 9 months in advance. The purpose of this waiting period is to
allow enough time for the Association to have an actuarial stud
y performed on
the local fund, obtain records on retirees, and establish the necessary records
for your fund's administration.
The Association has the authority to shorten this 9-month waiting period, and has
deciued to do so for those employers wishing to affiliate on January 1, 1981.
However, enough time must be allowed for the actuaries to complete the studies.
Therefore, the Association has set a deadline of July.1, 1980 for acceptance of
resolutions from employers wishing to affiliate on January 1, 1981. Employers
are urged to submit their resolutions as soon as possible. If, for any reason,
the employer wishes to later withdraw the resolution, it may do so up until
November 1, 1980. It is important to note that rank escalation departments are
not eligible to receive state money unless they affiliate.
When the resolution becomes effective January 1, 1981, the employer will turn over
its entire pension fund to the Association. The Association will then assume
responsibility for investing the funds and paying benefits from that employer's
own account.
The second step of the affiliation process is accomplished by the employees.
Between January 1 and March 1, each member of the local plan (those hired before
4/8/78) must decide whether to remain covered by the provisions of the old local
plan or to become covered by the new statewide plan. Each individual employee
makes his own choice and is not bound by what other employees choose. Once made,
the decision is irrevocable. But no matter which benefit provisions he chooses,
his benefits will be paid by the Association and not by the employer. It is
important to note that employees have until March 1, 1981 to make the decision
of which plan to be covered by. This gives plenty of time to compare the benefits
of the new plan with those of the local plan.
:'or information on the benefits provided by the new statewide plan, and on the
advantages of affiliation, please refer to the :PPA Newsletter sent to each mayor,
fire chief and police chief in mid-March. If you have any additional questions
or concerns, please feel free to call the Association offices at 861-4033.
1410 Grant Street, Suite B-105 Denver, CO 80203 13031 861-4033
.t -
•
0
Colorado Fire and Police Pension Association
COLORADO FIREFIGHTERS PENSION FUNDS
)epar tment :
Check List of Data and Information Required
Name AVON, TOWN OF
Code N/A
Type of Department: Paid Firefighters 0 Paid and Volunteer Firefighters 0
NO FIREMEN OR FIRE DEPARTMENT
ease complete all questions even if only to indicate "none."
Person to whom questions should be directed:
Name MAYOR ANGELO V. ALPI Telephone 303/949-4280
Address P.O. BOX D
AVON, COLORADO 81620
How many full-time paid firefighters do you now have employed? N/A
(a) Are full-time paid firefighters in this department covered only by Social.
Security?
Yes F-1 No
(b) If yes, are they also covered under a defined benefit pension plan?
Yes a No
(c) If the answer to 3(a) is yes, firefighters in your department are not
covered under the provisions of Senate Bill 79, therefore, questions 4
through 15 do not have to be completed.
(a) Did your municipality and employees adopt an alternative retirement pro-
gram as provided by 31-30-417 or 31-30-522 prior to December 1, 1978?
Yes F__j No a
(b) If yes, what type of plan was adopted? Money purchase F-1 Defined benefit'El
(c) If yes, please attach the following documentation:
(i) A copy of the vote record;
(ii) The vote date;
(iii) A copy of the implementing ordinance or resolution and the date
of its enactment;
(iv) Any other supporting documentation you deem appropriate.
(d) If your department adopted a money purchase pension plan prior to December 1,
1978, do not complete questions 5 through 15.
Form A-11/79
e
5.
•
Have you enclosed individual enrollment forms for all active full-time paid fire-
fighters hired before, on or after April 8, 1978?
If not, how many are missing and when can they be expected?
6- Percent of monthly salary contributed or to be contributed to the Fund by firefighters
in:
1977
1978
1979
1980
Pre - April 8, 1978 Hires
Post - April 7, 1978 Hires
7. For employees hired prior to April 8, 1978, are contributions made by firefighters
returned to them if employment terminates with the department?
If yes, does the amount returned include interest?
8. Please enclose a copy of the last three fiscal years financial reports for your Fund.
9. Please attach a copy of the Resolutions and/or Ordinances relating to the benefits
provided under any Fire Pension Fund maintained for your firefighters.
10. 1979 Assessed Valuation of the City or District?
11. What is the official estimated population of 'y6ur city or district?
Population
Date
L2. The amount of the annual contributions made by the Employer:
1977
1978
1979
1980
(estimated)
(budgeted for all firefighters)
.3. how are Employer contributions determined (match of employee contributions, mill
levy, fixed amount, etc.)
14. Has the Board of Trustees granted a rank escalation cost of living
benefit, an automatic cost of living benefit, or another type of cost
of living benefit to retired police officers?
Yes 0 No Q
If yes, type of cost of living adjustment:
E-1 A rank escalation benefit
a An automatic adjustment
a Other cost of living adjustment explain
I",
15. Comments:
Prepared by Donald J. McMahan Title CPA
Date 3/26/80
Form B-11/79
4
.ice ivat9ro2 0 .oh .Ar»we "fo Will 7.9
TO: Municipal Finance Directors, Pension Plan Administrators or
Chief Executive Officers of'All Paid Firemen's and Policemen's
Pension Funds in Colorado
FROM: The Governor's Task Force to Implement Senate Bill 79
(Forerunner of the Fire and Police Pension Association)
DATE: November 29, 1979
SUBJECT: Individual Employment Data Forms
Senate Bill 79, enacted by the Colorado_General Assembly in 1979, creates
the Fire and Police Pension Association of Colorado. The bill establishes
a new statewide benefit plan for all full-time paid firemen and policemen
in the state hired after April 7, 1978. Furthermore, Senate Bill 79 creates
a uniform death and disability program for all firemen and policemen in the
state of Colorado effective January 1, 1980.
Policemen and firemen hired before April 8, 1978 may, in 1981, have an
option to elect to participate in the new statewide benefit program. That
is, Senate Bill 79,provides that municipalities or special districts-(employ-
ers) may, by filing a resolution with the Association, elect to affiliate
with the state Association. There is a nine month waiting period (which
can be shortened by the Board) but no affiliation can take-place until the
January 1-following the request. Once an employer affiliates, those
officers hired prior to April 8, 1978 must, within 60 days, make an irrevo-
cable.election to remain covered by the current pension-plan or to be covered
by the new statewide pension plan. Thus, the fact that an-employer elects
affiliation does not mean that those hired prior to April 8,-1978 are auto-.
matically covered by the new state plan as to retirement-benefits. But, as
indicated above, the death and disability provisions do apply. Thus, because
all members are to be covered by the new statewide death and disability pro-
gram beginning January 1, 1980 the attached form must be completed by all
eligible employees.
NOTE: the bill does exempt the following employees from both the
retirement and death and disability provisions regardless of when
they were employed: 1) employees of municipalities that are covered
by social security, and 2) employees of municipalities that estab-
lished money purchase plans prior to December 1, 1978., Employees of
municipalities that had adopted, prior to December 1, 1978, an alter-
nate defined benefit plan other than that provided in then existing
state statutes are exempt from the retirement provisions-.of the state
system but they are covered on January 1, 1980 by the law's death and
disability provisions.
Senate Bill 46, 1978 Session (Section 31-30-801 et'seq., Colorado
Revised Statutes 1973) provided that no modification.by charter or
ordinance of My provision of a pension benefit plan of a fund estab-
lished pursuant to article 30 of title 31, may be made after December 1,
n
1410 Grant Street, Suite B-105 Denver, CO 80203 13031 861-4033
Municipal Finance Directs, etc.
Page 2
1978 (except for increases in contribution rates). Prior to Decem-
ber 1, 1978 local governments could utilize the provisions of House
Bill 1406, 1977 Session (sections 31-30-325, 31-30-417, 31-30-522
or 31-30-621, Colorado Revised Statutes 1973, whichever was appli-
cable) and by a vote of 65 percent of its current employees and a
concurrent vote of 65 percent of all former employees that had
earned pension rights or benefits, elect to in effect withdraw from
their current pension plan and establish an alternate thereto. Essen-
tially two types of plans could be established a money purchase
plan or a different defined benefit plan.
Senate Bill 79 provides that those employers that cover their police-
men and firemen under social security are totally exempt (except for
minimum reporting requirements) from the law. Those departments that
had withdrawn under the provisions of House Bill 1406 prior to Decem-
ber 1, 1978 and established a money purchase plan are also totally
exempt. However, employers that withdrew prior to December 1, 1978
and established a defined benefit plan are exempted from the retire-
ment provisions of Senate Bill 79, but their officers are covered by
the law's death and disability provisions.
Thus, in order for your department to be totally exempt from Senate
Bill 79 you must meet the following criteria: 1) you cover all
officers by social security; or 2) prior to December 1, 1978, you
"withdrew" from the existing benefit plans set forth in the statutes
by the above-mentioned 65 percent votes and established in lieu thereof
a money purchase plan. If you meet either of the above criteria
please so certify in the appropriate box on the attached check sheet
and do not complete any more of the forms. Please include a copy of
the vote record, vote date, the implementing ordinance or resolution,
and any other supporting documentation you deem appropriate.
some departments may be currently covering employees by both social
security and by the current state.pension laws. The Association has
not resolved just how these departments are to be handled. In the
meantime, the Association suggests you complete the requested data
and note this fact clearly on your submittal.
Because Senate Bill 79 does not actually become law until January 1, 1980,
the Association does not become a legal entity until that time. Yet as of
January 1, 1980 the Association is required to be able to determine and
administer all death and disability claims, be able to receive and administer
contributions from all employees hired after April 7, 1978, and be prepared
to manage the operation of the Association. Therefore, the Governor created
a Task'Force charged with the responsibility for setting up the administra-
tion of the Association so that it can be an operating entity on that date.
The Task Force members were appointed in the same manner as required by
Senate Bill 79. It is expected, although there is no guarantee, that the
Governor will appoint essentially the same people to become the board of
directors of the Pension Association on January 1, 1980, thus assuring
continuity of policy and operation. Members of the Task Force are: Robert
4
E
Municipal Finance Directors, etc.
Page 3
•
L. Bendixen, Captain, Denver Fire Department; Kent L. Cooper,.Assistant
City Mana.ger, Greeley; Cappie I. Fine, Finance Director, Boulder;-Francis
A. Fry,-Evergreen Fire Protection District; Kenneth Har.ris,.Detective,
Denver Police Department; Richard Holck, Engineer, Aurora Fire Department;
Jerry C. Kempf, Manager of Revenue, City and County of Denver; Fred Knowles;,
Lieutenant, Grand Junction Fire Department; Gloria Liggett, Trustee,,Limon;;-
Raymond H. Magan, Sergeant, Pueblo Police Department; and John D. Tasker,,
Finance Director, Grand Junction.
In keeping with its obligations under the Governor's executive order, to
"...provide for the orderly and successful implementation of S.B. 79....
the Task Force has developed, and asks for your cooperation to see that
the attached materials are completed and returned'to the Task Force as
soon as possible.
INSTRUCTIONS
Who Must Join and-Be Covered by the Fire and Police Pension Association?
1. All full-time paid firemen and policemen in Colorado are covered.by,,
Senate Bill 79 for the purposes of death and disability, as•indicated
above (with the exception of those officers covered by social security
or covered by,a-money purchase plan. If your department has established
a separate,alternate defined,benefit pension plan, your, officers are
still covered,for purposes of determination and administration of__ -
death and disability.) „
2. All full-time paid firemen and policemen hired on or after- April B,
1978 are covered by the statewide pension plan, both for retirement ,
and death and disability.
3. By definition a member of the Association is a full-time salaried
employee of a municipality or fire protection district normally-
serving at least 10600 hours in any calendar year and whose duties
are directly involved with the provision of police or fire protection,
as-certified by-the employer. The term does not include clerical or
other personnel whose services are auxillary-to police or fire,pro-
tection, nor does it include any volunteer firemen. Thus, you should
list only those employees your municipality or special district has
so certified or will so certify.
Who Must Complete the Employee Applications - Payroll Department Responsibility
All certified full-time paid firemen and policemen must complete the employee
membership form. The payroll officer is responsible for completing two
pieces of information on the employee form, that being the employer's name
and appropriate employer identification number at the end of the department
code. In filling out the employer's name, please indicate whether the
department is fire or police, as "Aurora Fire Department" or "'Aurora Police
Department". You will note that you have already been assigned a three digit
base employer number. This number identifies your municipality or special
district. It is your responsibility to complete the fourth blank. This iden-
V
Municipal Finance Directors, etc.
Page 4
tifies the agency within your municipality or special district furnishing
the payroll information. If any one agency is going to be supplying all
monthly information, use a "0". If more than one agency is supplying all
monthly information, assign them consecutive numbers beginning with "1"
and include a notation as to the identity of those agencies and their
assigned numbers.
The employee form must be filled out by all officers because of the above-
noted requirement that all firemen and policemen in the state are to be
covered by the statewide death and disability programs of Senate Bill 79.
It is of immediate importance that all employees complete the employee
form and return it as soon as possible to the Association.
Future Submittal of Membership Forms For New Employees
In the future an Employee Membership Form must be completed by each new
member and sent to the Association office before the new member's first
deduction. It is the responsibility of the payroll officer (employer) to
see that this is done. Prompt submission of this form is a must. The
membership form is an important legal document in case of death or dis-
ability of a member, particularly if the beneficiary designation becomes
the basis of the payment of a member's accumulated deductions. When appli-
cation is made for any retirement or other benefits, the membership form
is used in processing the claim. After the membership form has been com-
pleted the person responsible for completing it should examine the form
carefully and make certain that no blanks have been overlooked. The
attached sample information for membership form has been completed,as a
guide. In reviewing the form to see if it has been completed, ascertain
that all items of the membership form are accurate, i.e., proper address
with zip code, social security number, birthdate (not this current year),
and beneficiary. The member and the witness must sign this form; their
signatures cannot be typed or printed.
When Should Membership Forms Be Regularly Submitted?
They should accompany the salary deduction form (Form 02-11/79) on which
the new member's name first appears. Initially, they should be mailed
to the Association office at 1410 Grant Street, Suite B-105, Denver, CO
80203. In the near future you may be notified of a bank box to which
monthly reports and remittances should be sent.
Submittal Of Initial Forms (Prior to January 1, 1980)
1. Employee Membership Form: The individual Employee Membership Forms
(Form 01-11/79) for all certified full-time paid.firefighters and
police officers, along with a completed Check List of Data and Infor-
mation Required (Form A-11/79 for firefighters or Form B-11/79 for
police officers) must be forwarded to the Fire and Police Pension
Association by December 28, 1979.
b
0 •
Municipal Finance Directors, etc.
Page 5
2. Conversion Transmittal Form (Form C-11/79):
(a) For employees hired on or after April 8, 1978: this form must be
completed for all employees hired on or after April 8, 1978 and
be forwarded to the Association by January 15, 1980.
(b) For employees hired prior to April 8, 1978: the Conversion Trans-
mittal Form must be completed and forwarded to the Association
office by February 15, 1980.
(c) Additional instructions regarding completion of form:
(i) The Conversion Transmittal Forms should be prepared sepa-
rately for those employees hired prior to April 8, 1978 and
for those hired on or after such date.
(ii) The names should be arranged in alphabetical order. Each
name on the report is the official payroll name of the
individual as shown on the individual Employee Membership
Form.
(iii) Service as referred to in Senate Bill 79 will be determined
as the total period of employment less any period of lost
service computed to the nearest 1/12 of a year.
(iv) Lost service is being defined as any period of leave of
absence or suspension without pay which exceeds 30 consecutive
days in length.
(v) Because of the refund features of Senate Bill 79 and some
uncertainties with respect to possible conflicts between
Senate Bill 79 and prior local plans, it will be necessary
for you to provide the Association with the accumulated
employees' contributions as of December 31, 1979, without
interest and, if your local plan refunded contributions
with interest, the Association will also need the total
accumulated employee contributions as of December 31, 1979
with interest.
(vi) Base monthly salary includes basic salary rate plus longevity.
Paid monthly salary means the employee's-basic rate of pay
as determined by the municipality for his job classification
plus any longevity due the employee based on service with
the department.
(vii) Total salary received during month (as requested on Form
02-11/79) is the total base rate of pay plus longevity paid
to the employee during the month from which the employee con-
tribution is deducted. Overtime, uniform allowances and
any other form of extra pay (except longevity) are not to
be included in salary.
• •
Municipal Finance Directors, etc.
Page 5
2'. Conversion Transmittal Form (Form C-11/79):-
(a) For employees hired on or after April 8, 1978: this 'form must,be
completed for all employees hired on or after April 8,-1978'iind
be forwarded to the Association by-January-=15, 1980. -
(b) For.-employees hired prior to April 8, 1978: the Conversion-Trahs-
mittal Form must.be completed-'and forwarded to the Association
office by February 15, 1980.
(c) Additional instructions regarding completion of-form:
(i) The Conversion Transmittal Forms should be-prepared sepa-
rately for those employees hired-prior- to•April 8, 1978'and
for those hired on or after such date.
(ii) The names-should be arranged in alphabetical order. Each
name. on the report is the official payroll name of the
individual as shown on~the individual.Employee Membership
Form.
(iii) Service as referred to in Senate Bill 79 will be determined
as the total period of employment less any-period of lost
service computed to the nearest-1/12,of a year.
(iv) Lost service is being defined as any period of leave of
absence or suspension without pay which exceeds 30 consecutive
days in length.
(v) Because of the refund features of Senate Bill 79 and some
uncertainties with respect to possible conflicts between
Senate Bill 79 and prior local plans, it will be necessary
for you to provide the-Association with the accumulated
employees' contributions as of'December 31,--1979,, without
interest and, if your local plan refunded contributions
with interest; the,Association'will also need the total
accumulated employee contributions as of:December 31, 1979
with interest.
(vi) Base monthly salary includes basic salary rate plus longevity.
Paid monthly salary means the employee'sbasic rate of pay
as determined by the municipality for his job classification
plus any longevity due"the employee based.on service with
the department.
(vii) Total salary received during month (as requested on Form
02-11/79)•is the total base rate of pay'plus longevity ,paid
to the employee during the month from which the employee con-
tribution is.deducted. Overtime, uniform allowances and
any-other form of extra pay (except longevity) are not to
be included in salary.
• •
Municipal Finance Directors, etc.
Page 7
What About Machine-Prepared Reports?
Fire and Police Pension Association units may submit machine-prepared pay-
roll reports. Appendices I-A and I-B outline the computer printer format
and tape layout. However, we encourage any unit which is moving into
machine-prepared reports to contact this office before making final decisions
on this matter so that the reporting format will work well with Association
posting procedures.
Why Is The Remarks Column Important?
The remarks column keeps the Association informed of any changes in the
employee's status. An explanation in this column (or on the proper line
of the machine-prepared report) can save both the employer and the Associa-
tion office a great deal of time in follow-up work.
If payrolls are submitted on magnetic tape a separate paper listing of
remarks should be included.
The following list points out some of the situations which require remarks
in the right column:
Name change - list former name (as "formerly Mary Jones"). Include
name change form.
Leave of absence
Resignation
Termination Q
Dismissal J
Death - "Deceased"
Retroactive payment - "Retroactive pay to 1-1-79" or whatever the case
may be.
j Transfer - "Transfer to...." and "Transferred from...." Include transfer
' form with report.
Please account for every name listed on the previous report.
How Are Fractional Cents Handled?
Association rules regard five-tenths or more of one cent as one cent. Less j
than five-tenths of one cent should be disregarded. d
What Should I Do If I Detect An Error?
Any overpayments or underpayments may be corrected by means of additional
payments or appropriate credit on the next payroll report. Such credits
or additional payments must be properly explained, and prior permission
must be obtained for adjustment to account of terminated employees.
•
Municipal Finance Directors, etc.
Page 8
If the Association detects any errors a representative thereof will con-
tact the person completing-the form for clarification or correction.
Contact the Association before correcting magnetic tape reports.
If you detect'a serious error after you submitted your report, you should
telephone the Association immediately so that adjustments may be made before
posting begins.
When Do I Begin To Send Contributions To The Association?
By January 15th: For employees hired on or after April 8, 1978, remit the
total actual amount contributed by each such employee from the date of hire
through December 31, 1979, plus a matching dollar amount from the employer.
Do not include interest earned on these amounts. The Conversion Transmittal
Form (Form C-11/79) for these employees should also be submitted at this
time.
By February 10th: Submit the first monthly report (Form 02-11/79) along
with the total actual amount of employee and employer contributions collected
for the month of January. on the 10th of each month thereafter, send the
monthly report and the employer and employee contributions for the previous
month. As explained above, these contributions will consist of 88 of salary
from the employee, plus a matching amount from the employer.
IMPORTANT INFORMATION
Your basic three digit Department Code Number is This number should be
listed on all forms and you must complete the fourth digit which will be used to
identify the agency furnishing the payroll information. (See the instructions on
payroll department responsibilities beginning with the last paragraph on page 3.)
On page 4 of the instructions you have been asked to complete and forward several
forms to the Association by December 28, 1979. The Association recognizes that,
due to the lateness of the initial distribution of all forms and materials, this
,is probably not possible. The Association now asks that you return them as soon
as possible but not later than January 7.
APPENDIX I-A
Fire and Police Pension Association
Monthly Payroll Tape Format
c
Tape label: Standard or unlabeled
Record length: 96
Block length: 960
Density: 800 or 1600 BPI
Contents:
01-02
2
'AU' = Detail Records or
'AT' = Tape Total Record
03-04
2
Blank
05-13
9
Social Security Number
14-15
2
Blank
16-39
24
Member Name (Last, First, and Initial)
40-48
9
t
Monthly Salary Rate 2 Decimals
49-57
9
Salary Received 2 Decimals
58-65
8
Employee Deposit 2 Decimals
66-73
8
Employer Deposit 2 Decimals
74-77
4
Payroll Date - Month and Year (MMYY)
78-81
4
Employer's Code
82-96
15
Blank
Adjustments to be transmitted with cover letter and check.
•
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