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Section 99-08 ARTICLE VIII. PENSIONS

Section 8.10. Pensions authorized.

The City Council shall have the power and authority to grant a pension to employees in any, each, and all departments of the city, except such as are hereby expressly excluded.

Section 8.11. General powers.

The City Council shall have the power to provide for and grant pensions or other compensation to employees in each and all departments thereof (except as herein expressly excluded) where and when such employees have performed such services and made such contributions as shall be prescribed by the City Council. The City Council shall have the further authority to provide for the return of contributions made by employees under any plan adopted hereunder, to such employees, or, in case of their death[s], to such other persons as the city through its governing body may prescribe.

Section 8.12. Authority to be exercised by ordinance.

The City Council, by proper ordinance, except as otherwise provided in this article, is hereby vested with full and complete power, authority, and discretion to determine when and what amount of pension is to be paid and to determine any and all facts relating to the granting, refusal, suspension, or revocation of pensions, compensation, or other gratuities under this article.

(Ord. of 6-12-95(1), I(M))

Section 8.13. Board of Trustees.

The City Council is empowered to establish, to serve without pay, a board of trustees whose duty it shall be to manage the pension fund. This board shall make all rules and regulations for the payment of such funds to those entitled to receive them, not in conflict with this article or any lawful ordinance passed in pursuance thereof.

Section 8.14. Tax on salary of employees, ad valorem tax to match salary tax.

The City Council is authorized and empowered to levy and collect a tax on the salaries of all its employees in all departments affected by this article, and the city treasurer is hereby authorized to retain such sums from the salaries of the employees. The City Council is authorized and empowered to levy a tax on all the taxable property of the city, ad valorem, not to exceed but to equal all revenue raised or received from city employees by reason of the tax herein authorized. The City Council may, in its sole discretion, appropriate from any revenues of the city, not specifically directed by law to be applied to other purposes, a sum equal to all revenue and contributions raised or received from all city employees and such further sums as may be deemed necessary for the sound inauguration and administration of the system authorized by this article. All of such funds shall be turned over to the city treasurer and shall be kept in a separate fund and shall be disbursed under the terms of this article, and all valid ordinances passed and adopted in pursuance thereof.

Section 8.15. Relation between city and employees not contractual.

This article, or any ordinance passed in pursuance thereof shall not create a contractual relation between the city and any employee thereof. In case there shall at any time be less funds on hand than are needed to carry out the terms of this article, the actual funds on hand shall be prorated among the beneficiaries.

Section 8.16. Funds not subject to attachment, not assignable.

None of the funds herein mentioned shall be subject to attachment, garnishment, judgment, or other legal process; nor shall such funds be assignable but shall be paid to the beneficiary

Section 8.17. Investment of excess funds.

In case there should accumulate more funds than should be needed for immediate use, the authority entrusted with the pension fund is empowered to invest and reinvest such funds held by it in any investments which are legal investments of domestic insurance companies under the laws of this state.

Section 8.18. Employee, defined.

The term "employee" as used in this article shall be deemed to embrace and include all persons performing regular service in the employ of the city, in any, each and all departments thereof, except the mayor, members of the City Council, the city attorney, the city auditor, the municipal court judge, all employees of the public school system, and any casual or part-time employees. "Casual or part-time employees" or certain classes thereof may be clearly defined and may or may not be included by the City Council as it may determine and prescribe by proper ordinance from time to time.

Section 8.19. Legislative intent.

The intention of this article is to authorize and empower the City Council to provide a pension system for employees of such city, and to prescribe by ordinance the conditions and methods by which the pension system shall be handled, and to prescribe all of the regulations with respect to same not in conflict with the provisions of this article.

Section 8.20. Group insurance.

The City Council may, in its discretion, in providing the pension system, insure such pension payments by purchasing group annuity and disability insurance.

Section 8.21. Social security in lieu of pension plan.

The City Council may, in its discretion, substitute, in whole or in part, social security payments by the municipality and employees and the benefits accruing therefrom, in lieu of such pension plan as outlined herein.