A CHARTER ORDINANCE EXEMPTING THE CITY OF NEWTON, KANSAS FROM THE PROVISIONS OF SECTION 14-10a02 AND SECTION 14-10a06 OF THE KANSAS STATUTES ANNOTATED RELATING TO THE POLICEMEN AND FIREMEN PENSION FUND FOR SAID CITY AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.
Section 1. That, pursuant to the provisions of Section 5(c) of Article 12 of the Constitution of the State of Kansas, the city of Newton, Kansas hereby elects that Section 14-10a02 of the KANSAS STATUTES ANNOTATED, 1963 shall not apply to said city and provides the following substitute and additional provisions on the same subject:
“The Governing Body of the City of Newton, Kansas, being a city of the second class and maintaining an organized Police Department and Fire Department, shall establish and maintain a separate pension fund for each department which shall be set aside and used exclusively for the payment of pensions and disability benefits as authorized herein. For the purpose of creating and maintaining such pension funds, the Governing Body is hereby authorized and shall:
(1) Accept gifts, grants, bequests, gratuities, or any other money, and credit the same to the pension fund designated by the donor;
(2) Levy an assessment against each officer and member of each department who has not elected to become a member of the “Kansas Police and Firemen’s Retirement System” under Chapter 447, Session Laws of Kansas, 1965, equal to 7 percent of his monthly salary or compensation, same to be deducted from the regular payroll and to be transferred into said pension funds;
(3) Place into said funds the proceeds of all lost or stolen securities, money or personal property which shall remain unclaimed in possession of any department of the city for six months, together with the proceeds of all unclaimed or confiscated property of any nature which shall have been in custody of the Police Department for a period of six months, and the city is hereby authorized to sell at public auction such property and place it into said pension funds in equal shares;
(4) Carry forward the balance in said funds at the close of each budget year as revenue for the next ensuing year;
(5) Transfer into said funds any proceeds from any municipally owned utility at the discretion of the governing body;
(6) Levy annually at the time for the levying of taxes for city purposes, and in addition to other taxes authorized or limited, a tax upon all of the taxable tangible property in said city not to exceed one mill for each fund to maintain the said pension funds at a level to continue, maintain, and pay all pension and disability requirements, actual or anticipated, for the ensuing year, and to maintain a reserve in said pension funds as is hereinafter provided.”
Section 2. That, pursuant to the provisions of Section 5(c) of Article 12 of the Constitution of the State of Kansas, the City of Newton, Kansas, hereby elects that Section 14-10a06 of the KANSAS STATUTES ANNOTATED, 1963 shall not apply to said city and provides the following substitute and additional provisions on the same subject:
“Every officer and member of said Police and Fire Departments, who does not elect to become a member of the “Kansas Police and Firemen’s Retirement System” under Chapter 447, Session Laws of Kansas, 1965, shall have deducted an amount equal to 7 percent of his monthly salary which shall be paid into the respective pension funds. Any officer or member, whose services, for any reason whatsoever, shall be terminated with the department, shall be entitled, upon demand, to be paid within 30 days after such demand, the total amount of the deduction from his salary paid into said fund, less 50 percent. In the event such officer or member should renew his services with said department, he shall become a member of the “Kansas Police and Firemen’s Retirement System” as provided by Chapter 447, Session Laws of Kansas, 1965.”
(12-21-66)