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HomeMy WebLinkAboutElection Canvasses - 1973.04.02 - 1373Area Code (313) Telephone 644-1800 April 16, 1973 13invingIvIrn 151 Martin Street Birmingham, Afichigan 48012 City Mr.. Lynn D. Allen Oakland County Clerk-Register 1200 North Telegraph Road Pontiac, Michigan 48053 Re: Certificates of Election Charter Amendments Dear Mr. Allen: I am enclosing four (4) each of Certificates of Election with respect to Charter amendments which were approved by the electors of this City on April 2, 1973. Will you please acknowledge receipt, noting the filing date of the certificates and return two copies each to this office. Very truly yours, Irene E. Hanley City Clerk IEH:bc Enclosures /7- 7 3 / 44-Ct.e k 0.4p, OFFirc r CERTIFICATE OF ELECIINM iv if CHARTER AMENDMOT *4 57 TT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM ) itfm, I, the undersigned, the duly acting and qualified Clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Sections 17 and 19 of Chapter XIX, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1973, to-wit AMENDMENT Adopted April 2, 1973 CHAPTER XIX RETIREMENT SYSTEM FOR THE EMPLOYEES OF THE CITY OF BIRMINGHAM Section 17. Should any member who either (1) has twenty (20) or more years of credited service, Cr: (2) has attained age fifty-five (55) years and has fifteen (15) or more years of cred- ited service, leave the employ of the city, in either case prior to his attainment of his voluntary retirement age, for any reason except his retirement or death, he shall be entitled to a retire- ment allowance provided in Section 16 (a) and (b) if he is a covered member, or as provided in Section 16.1 if he is a non- covered member, in either case as the applicable section was in effect at the time he left city employment. His retirement allowance shall begin thirty (30) days after his application for same is filed with the board but not prior to his attainment of age sixty (60) years. If he withdraws his accumulated contribu- tions from the annuity savings fund he shall thereupon forfeit his right to a deferred retirement allowance provided in this section. Unless otherwise provided in this chapter, he shall not receive service credit for the period of his absence from city employment. During the period of his absence from city employment and until his retirement allowance begins his balance in the annuity savings fund shall be accumulated at regular interest. Section 19. (a) Any member who continues in the em- ploy of the city after the date he either (1) acquires twenty • (20) years of credited service, or (2) attains age fifty-five (55) years and has ten (10) or more years of credited service, may, by written declaration duly executed and filed with the .board, elect Option II provided for in Section 18 hereof and nominate a beneficiary whom the board finds to be dependent upon the said member for at least fifty (50) per cent of his support, in the same manner as if he were then retiring from service, not- withstanding that the said member may not have attained his volun- tary retirement age. Prior to the effective date of his retire- ment a member may revoke his said election of Option II and nomi- nation of .beneficiary and he may again elect the said Option II and nominate a beneficiary as provided in this paragraph. Upon the death of a member, who has an Option II election in force, . his beneficiary, if living, shall immediately receive the same retirement allowance which the said beneficiary would have been - entitled to receive had the said member retired the day preceding the date of his death, notwithstanding that he may not have attained his voluntary retirement age. The said Option II shall be applied to a retirement allowance computed according to Section 16 (a) and (b) hereof for a beneficiary of a deceased covered member, and according to Section 16.1 hereof for a beneficiary of a non-covered member. If a member has an Option II election in force at the time of his retirement, his said election and nomination of beneficiary shall thereafter continue in force, unless prior to the effective date of his retirement he elects to receive his retirement allowance as a regular retirement allowance or according to an option provided for in Section 18 hereof. No benefits shall be paid under this paragraph on account of the death of a member if any benefits are paid under Section 26 hereof on account of his death. (b) Any member who continues in the employ of the city after the date he either (1) acquires twenty (20) years of credited service, or (2) attains age fifty-five (55) years and has ten (10) or more years of credited service, and in either case does not have an Option II election in force as provided in Paragraph (a) of this section, and (1) dies while in city service, and (2) leaves a widow, or in the case of a female member leaves a widower whom the board finds to be totally and permanently incapacitated and to have been dependent upon the said female member for at least fifty (50) per cent of his support due to lack of financial means, the said widow or widower, as the case may be, shall immediately receive the same retirement allowance which the said beneficiary would have been entitled to receive if the said member had (1) retired the day preceding the date of his death, notwithstanding that he may not have attained his voluntary retirement age, (2) elected Option II provided for in Section 18 hereof, and (3) nominated his said widow or widower, as the case may be, as - beneficiary. No benefits shall be paid under this paragraph on account of the death of a member if any benefits are paid under Section 26 hereof on. account of his death. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,842 in favor of and 1,558 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signature this day of April, A.D., 1973. , -\ City Clerk \ ' hereby acknowledge receipt of two copies of the foregoing Certificate on A.D., 1973. County C CERTIFICATE OF ELECTION CHARTER AMENDMENT STATE OF MICHIGAN ) COUNTY OF OAKLAND )SS CITY OF BIRMINGHAM ) I, the undersigned, the duly acting and qualified Clerk of the City of Birmingham, Oakland County, Michigan, do hereby certify the following to be a true and complete copy of Sections 17 and 19 of Chapter XIX, being an amendment to said Charter and approved by a vote of the electors of said City at an annual City Election held in said City on the 2nd day of April, 1973, to-wit: AMENDMENT Adopted April 2, 1973 CHAPTER XIX RETIREMENT SYSTEM FOR THE EMPLOYEES OF THE CITY OF BIRMINGHAM Section 17. Should any member who either (1) has twenty (20) or more years of credited service, or (2) has attained age fifty-five (55) years and has fifteen (15) or more years of cred- ited service, leave the employ of the city, in either case prior to his attainment of his voluntary retirement age, for any reason except his retirement or death, he shall be entitled to a retire- ment allowance provided in Section 16 (a) and (b) if he is a covered member, or as provided in Section 16.1 if he is a non- covered member, in either case as the applicable section was in effect at the time he left city employment. His retirement allowance shall begin thirty (30) days after his application for same is filed with the board but not prior to his attainment of age sixty (60) years. If he withdraws his accumulated contribu- tions from the annuity savings fund he shall thereupon forfeit his right to a deferred retirement allowance provided in this section. Unless otherwise provided in this chapter, he shall not receive service credit for the period of his absence from city employment. During the period of his absence from city employment and until his. retirement allowance begins his balance in the annuity savings fund shall be accumulated at regular interest. Section 19. (a) Any member who continues in the em- . ploy of the city after the date he either (1) acquires twenty (20) years of credited service, or (2) attains age fifty-five (55) years and has ten (10) or more years of credited service, may, by written declaration duly executed and filed with the board, elect Option II provided for in Section 18 hereof and nominate a beneficiary whom the board finds to be dependent upon the said member for at least fifty (50) per cent of his support,. • in the same manner as if he were then retiring from service, not- withstanding that the said member may not have attained his volun- tary retirement age. Prior to the effective date of his retire- ment a member may revoke his said election of Option II and nomi- nation of .beneficiary and he may again elect the said Option II and nominate a beneficiary as provided in this paragraph. Upon the death of a member, who has an Option II election in force, his beneficiary, if living, shall immediately receive the same retirement allowance which the said beneficiary would have been • entitled to receive had the said member retired the day preceding the date of his death, notwithstanding that he may not have attained his voluntary retirement age. The said Option II shall be applied to a retirement allowance computed according to Section 16 (a) and (b) hereof for a beneficiary of a deceased covered member, and according to Section 16.1 hereof for a beneficiary of a non-covered member. If a member has an Option II election in force at the time of his retirement, his said election and nomination of beneficiary shall thereafter continue in force,. unless prior to the effective date of his retirement he elects- to receive his retirement allowance as a regular retirement allowance or according to an option provided for in Section 18 hereof No benefits shall be paid under this paragraph on account of the death of a member if any benefits are paid under Section 26 hereof on account of his death. (b) Any member who continues in the employ of the city after the date he either (1) acquires twenty (20) years of credited service, or (2) attains age fifty-five (55) years and has ten (10) or more years of credited service, and in either case does not have an Option II election in force as provided in Paragraph (a) of this section, and (1) dies while in city service, and (2) leaves a widow, or in the case of a female member leaves a widower whom the board finds to be totally and permanently incapacitated and to have been dependent upon the said female member for at least fifty (50) per cent of his support due to lack of financial means, the said widow or widower, as the case may be, shall immediately receive the same retirement allowance which the said beneficiary would have been entitled to receive if the said member had (1) retired the day preceding the date of his death, notwithstanding City Clerk that he may not have attained his voluntary retirement age, (2) elected Option 11 provided for in Section 18 hereof, and (3) nominated his said widow or widower, as the case may be, as beneficiary. No benefits shall be paid under this paragraph on account of the death of a member if any benefits are paid under Section 26 hereof on account of his death. I do hereby certify that at said election, the vote upon said Charter Amendment was 1,842 in favor of and 1,558 against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signature this _day of April, A.D., 1973. I hereby acknowledge receipt of two copies of the foregoing Certificate on A.D., 1973. Oakland County Clerk