[CC 1970 §19-30; Ord. No. 5561 §1, 5-9-2000; Ord. No. 5704 §1, 6-25-2002; Ord. No. 6703, 6-8-2021[1]]
A. 
The Board of Aldermen may provide, by ordinance, for a plan to provide pension benefits to non-uniformed employees. For purposes of this and related Sections, "non-uniformed employees" shall mean those persons employed by the City on a regular, full-time, permanent basis, but shall not include uniformed Fire or Police Department personnel or persons employed in advisory capacities. Any person employed by the City for at least the number of hours per week (but not less than thirty (30)) and for at least the number of months per year which are customarily considered "full-time and permanent" for such person's office or department as set forth in the City personnel regulations shall be deemed to be employed on a regular full-time permanent basis.
B. 
The Board of Aldermen shall have the right to terminate the plan at any time and to make from time to time any amendments to the plan which do not cause any part of the funds of the retirement fund to be used for, or diverted to, any purpose other than the exclusive benefit of employees included in the plan.
C. 
Providing such a plan shall not be construed as an employment contract between the City and any employee. Participation in the plan shall not give any employee the right to be retained in the employ of the City or to have any right or interest in the plan or trust related thereto other than as provided by law or in the plan itself.
[1]
Editor's Note: Ord. No. 6703 adopted The City of Clayton Non-Uniformed Employees' Retirement Plan and Trust Total Restatement dated June 2021, a copy of which is held on file in the City offices.
[CC 1970 §19-31; Ord. No. 5561 §1, 5-9-2000; Ord. No. 5704 §1, 6-25-2002]
A. 
The non-uniformed pension plan shall be administered by a Board of Trustees of seven (7) persons. Three (3) members shall be residents of the City, who shall be appointed by the Board of Aldermen and who shall serve terms of three (3) years, except that the first (1st) such members shall serve terms of one (1), two (2) and three (3) years, respectively. Two (2) members shall be elected by the participants in the plan from different offices or departments and shall serve terms of two (2) years, except that the first (1st) such members shall serve terms of one (1) and two (2) years respectively. Two (2) members shall be members of the Board of Aldermen, one (1) of whom may be the Mayor, who shall serve at the pleasure of the Board of Aldermen. In addition to the foregoing members, the Director of Finance of the City shall serve as an ex officio member of the Board of Trustees without the power to vote and as its Secretary-Treasurer.
B. 
The Board of Trustees shall elect its own Chairman and Vice Chairman.
C. 
The Board of Trustees shall perform such duties and exercise such powers as may be specified in the plan approved by the Board of Aldermen.
[CC 1970 §19-32; Ord. No. 5561 §1, 5-9-2000]
A. 
The Board of Aldermen may provide, by ordinance, for a plan to provide pension benefits to Police and fire employees. For purposes of this and related Sections, "Police and fire employees" shall mean employees employed full-time by the City as a Police Officer or firefighter, including all ranking officers but excluding civilian employees.
B. 
The Board of Aldermen shall have the right to terminate the plan at any time and to make from time to time any amendments to the plan which do not cause any part of the funds of the retirement fund to be used for, or diverted to, any purpose other than the exclusive benefit of employees included in the plan.
C. 
Providing such a plan shall not be construed as an employment contract between the City and any employee. Participation in the plan shall not give any employee the right to be retained in the employ of the City or to have any right or interest in the plan or trust related thereto other than as provided by law or in the plan itself.
[Ord. No. 6801, 1-10-2023; Ord. No. 6823, 3-28-2023]
The Board of Aldermen hereby amends Ordinance 6801 as adopted on January 10, 2023, by repealing Exhibit A attached thereto and substituting in lieu thereof a new exhibit to be denominated as Exhibit A-1[1], attached hereto and incorporated herein by this reference, and further hereby approves and re-adopts The City of Clayton Uniformed Employees’ Retirement Plan and Trust Total Restatement dated January 2023. The Board of Aldermen authorizes and directs the City Manager, the Uniformed Employees’ Pension Plan Board of Trustees, the Plan Administrator, and other duly authorized officials responsible for administration of such Plan to take such actions as may be necessary and appropriate to carry into effect the changes authorized hereby as required by law.
[1]
Editor's Note: Exhibit A-1 is on file in the City offices.
[CC 1970 §19-33; Ord. No. 5561 §1, 5-9-2000]
A. 
The Board of Aldermen shall appoint an administrator for the uniformed employee pension plan, who may be a single individual or may consist of a committee of three (3) or more persons. Such administration shall serve at the pleasure of the Board of Aldermen. Any such individual may resign by submitting his/her written resignation to the Board of Aldermen. The administrator also may serve as a trustee, if so designated by the Board of Aldermen.
B. 
If the administrator is a committee, it shall elect one (1) of its members to be the chairman. The administrator or the chairman of the committee, as the case may be, shall be the agent for service of legal process on the plan. If the administrator shall be a committee, a majority thereof shall constitute a quorum for the transaction of business, but the concurrence of a majority of the members shall be necessary for any resolution or other action taken by the committee. No individual acting as administrator and no individual acting as a member of a committee constituting the administrator shall act or vote on any question relating solely to himself/herself or act or vote in any case in which his/her individual right or claim to any benefit under this agreement is particularly involved. In any case in which the individual serving as administrator is so disqualified or in which a majority of the members of the committee constituting the administrator are so disqualified, the Board of Aldermen of the City shall be constituted as administrator to exercise all of the powers of the administrator concerning the matter over which the administrator is disqualified.
C. 
If the administrator is a committee, one (1) or more of their number of any agent may be authorized by the committee to execute or deliver any instrument on behalf of the committee, including directions, notifications and instructions to the Trustee. The Committee shall notify the Trustee by written instrument signed by all members of the committee of the person or persons having such authority. The Trustee may rely on such authority until revoked in writing by the committee.
D. 
No individual serving as administrator, or as a member of the committee constituting the administrator, shall receive any compensation for his/her service in such capacity if he/she is also an employee of the City. Any other person shall receive his/her compensation, if any, from the City.
E. 
The administrator shall have such power, not specifically reserved to the Board of Aldermen or to the Trustee, as may be provided in the plan or as may be necessary, expedient or advisable in administering the plan.
[CC 1970 §19-34; Ord. No. 5561 §1, 5-9-2000; Ord. No. 6312 §4, 3-25-2014]
A. 
The Board of Aldermen shall appoint a trustee pursuant to the terms of the plan, which shall continue to consist of seven (7) members serving without compensation, comprised of the Mayor of the City, two (2) members of the Board of Aldermen to be chosen by the Board, one (1) citizen of the City, outside of the City administration, to be appointed by the Mayor with the approval of the Board of Aldermen, one (1) member of the Police Department, one (1) member of the Fire Department and one (1) additional member of either the Fire or Police Department to be elected by the majority vote of the employees of their respective departments, with the additional member of either the Fire or Police Department to be elected alternately from the Fire Department and the Police Department by a majority vote of the employees of such department. Members of the Board of Trustees shall serve for a term of two (2) years or until their successors shall be chosen in the manner provided herein. Should any vacancy occur during the term of any appointment by reason of death, resignation or inability to perform the duties of trustee, such vacancy shall be filled in the same manner as prescribed above, and the appointee shall serve the remaining term of membership or until his/her successor shall be chosen.
B. 
The Board of Trustees shall perform the duties assigned to them by Federal and State law and by the Charter and Ordinances of the City and by the terms of the plan as provided from time to time. The Board of Aldermen shall have the authority and responsibility to adopt and revise from time to time an investment policy to guide the general goals and objectives that the Board of Trustees should pursue and follow in its investment of assets held by the plan.
[CC 1970 §19-35; Ord. No. 5561 §1, 5-9-2000]
A. 
The City Manager may, from time to time, establish and provide for such additional benefits and benefit programs, establish conditions of eligibility with respect to such benefits and, from time to time, amend, revise, abolish, terminate or withdraw such benefits, as may be determined to be in the best interests of the City and its inhabitants and otherwise legally permissible for municipal employees in this State including, but not limited to, deferred compensation benefits; 401(k) savings plan; flexible spending plan; health, life and disability insurance; retiree health care coverage; tuition reimbursement program; and other benefit programs deemed appropriate to attract and retain a qualified and experienced workforce.
B. 
Any such benefits or programs now in force or available to City employees shall continue in full force and effect until and unless hereafter modified as provided herein, notwithstanding repeal of any Municipal Code provisions related thereto.