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HomeMy WebLinkAboutResolutions - 1988.07.14 - 17450MISCELLANEOUS RESOLUTION 88181 July 14, 1988 BY: PERSONNEL COMMITTEE, John P. Calandro, Chairperson RETIREMENT COMMISSION-- IN RE: AMENDMENT TO OAKLAND COUNTY EMPLOYEE'S RETIREMENT SYSTEM RULES AND READMISSION OF ASSISTANT PROSECUTORS INTO THE RETIREMENT SYSTEM TO THE OAKLAND COUNTY BOARD OF COMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: on 4, ijiD, the k)aklahd uu L,..)ard of Commissioners passed Miscellaneous Resolution No” 7352 •xmptincT all attorney members of the Prosecutors Office fiom the Retirment System; and WHEREAS, on December 10, 1975, the County entered into a stipulation pursuant to Resolution No. 7352 with the Oakland County Government Bar Association to exempt all Assistant Prosecutors from the Retirement System and on that same day, pursuant to the stipulation, a court order and final judgment was entered exempting the Assistant Prosecutors from the Retirement System; and WHEREAS, on February 23, 1979, the Oakland County Bar Association was dissolved as the exclusive bargaining agent by the Assistant Prosecutors; and WHEREAS, on November 5, 1987, the Oakland County Board of Commissioners approved Miscellaneous Resolution No. 87254 setting forth, subject to certain conditions ., a method by which specified attorney classifications in the Oakland County Prosecuting Attorney's Office might be admitted into the Retirement System; and WHEREAS, on June 13, 1988, the Circuit Court for the County of Oakland (Case No. 75-132866-CZ) ordered that: "NOW, THEREFORE, IT IS HEREBY ORDERED that the Oakland County Assistant Prosecutors, in all classifications, currently employed by or hereinafter employed by the Oakland County Prosecuting Attorney's Office, as set forth in Miscellaneous Resolution No. 87254 of the Oakland County Board of Commissioners, are hereby eligible to participate in the Oakland County 2 Retirement System, in accordance with the Oakland County Retirement Commission Rules, as they exist now or as they may be amended by the Oakland County Board of Commissioners, with service credit limited to their date of hire or February 23, 1979, whichever date is later; Lhi6 01-der will cL limit the rights. (if any) of the following persons -:cmly, Denise -Langford-Morris, Witham Bartlam, Joseph Racey or William Grant, Jerome L. Fentcn, who were present at the June 9, 1988 Hearing and placed their objections to Defendants Motion to Modify Order and Judgment on the record, to bring an action against the County of Oakland and/or the Oakland County Retirement System, to contest and/or preserve any of their rights or claims in connection with the Oakland County Retirement System. IT IS FURTHER ORDERED that the December 10, 1975 Order and Judgment, will remain in full force and effect, except as modified by this Order."; and WHEREAS, the Oakland County Employee's Retirement System Rules currently read as follows: Membership of Retirement System Section 16. (a) All persons who are employees of the County, and all persons who become employees of the County shall become members of the Retirement System, except as provided in subsection (b) of this section. (b) The membership of the Retirement System shall not include (1) employees of the Board of County Road Commissioners, nor (2) any person who is engaged for special services on a contract or fee basis, nor (3) any person who is employed by the County on a temporary basis, nor (4) any person who is employed in a position normally requiring less than 520 hours work per year, nor (5) the Medical Director, nor (6) the Actuary, nor (7) any employee who is included by law as an active or inactive member of any other Retirement System, except the Federal Social Security, old-age, survivors, and disability insurance program, by reason of the remuneration paid him by the County nor (8) the Prosecuting Attorney, Chief Assistant Prosecutor, and attorney members of the Prosecutor's staff. * 3 * Amendment of Section 16(b) by Resolution #7352 passed by the Board of Commissioners 12-4-75 in effect in compliance of Court order (c) In any case of doubt, the Commission shall decide who is a member of the Retirement System within the meaning of the provisions of this resolution. Section 19. (b) Any employee of the County who is not a member of the Retirement System and who subseciuttly becomes a member shall have the past service - rendered by him in the employ of the County credited to him; provided, that he pays into the - employees savings fund an amount equal to the . amount his •ccumulated contributions would have been, as of the date he becomes a member, had been a member from his date of entry in County employment or January 1, 1946, whichever date is later. Payment of his said accumulated contributions shall be due as of the date he- • -- becomes a member of the Retirement System. Payment of said accumulated contributions, together with regular interest from the due date to the date paid, shall be made in accordance with such rules and regulations as the Commission shall from time to time adopt. No such member shall receive credit for any such past service until he has paid into the employees' savings fund all amounts due the fund by him. NOW THEREFORE BE IT RESOLVED that in accordance with the amended Court Order and the Board of Commissioners Resolution No. 87254, passed on November 5, 1987, that the Oakland County Retirement Commission Rules No. 16(b) and No. 19(b) shall be amended as follows: Membership of Retirement System: Section 16. (a) All persons who are employees of the County, and all persons who become employees of the County shall become members of the Retirement System, except as provided in subsection (b) and (c) of this section. (b) The membership of the Retirement System shall not include (1) employees of the Board of County Road Commissioners, nor (2) any person who is engaged for special services on a contract or fee basis, nor (3) any person who is employed by the County on a temporary basis, nor (4) any person who is employed in a position normally requiring less than 520 hours work per year, nor (5) the Medical Director, nor (6) the Actuary, nor (7) any employee who is included by law as an active or inactive member of any other Retirement System, except the Federal Social Security, old-age, survivors, and disability insurance program, by reason of the remuneration paid him by the County. 4 (N‘ 1 - EGOING RESOLUTION (c) Assistant Prosecutors (I, II, III, and IV), Principal Attorneys, and Division Chiefs employed by the Oakland County Prosecuting Attorney's Office shall, as described and limited by the Oakland County Board of Commissioner's Miscellaneous Resolution # 87254, adopted November 5, 1987; the Order of the Oakland County Circuit Court dated June 13, 1988; and the Rules and Regulations of the Oakland County Employees' Retirement System, become members of the Oakland County Retirement System. in any case ofdoubthe Cocomission shall decide .who.is a member of the Retirement System within the meaning of th2:provtsions of this resolution. Section 19. •(b) Any employee of the ,County who is not a member of the Retirement System and who subsequently • becomes a member shall have the past service rendered by him in the employ of the County credited to him; provided, that he pays into the employees' savings fund an amount equal to the amount his accumulated contributions would have been, as of the date he becomes a member, had he been a member from his date of entry in County employment or January 1, 1946, whichever date is later. Payment of his said accumulated contributions shall be due as of the date he becomes a member of the Retirement System. Payment of said accumulated contributions, together with regular interest from the due date to the date paid, shall be made in accordance with such rules and regulations as the Commission shall from time to time adopt. No such member shall receive credit for any such past service until he has paid into the employees' savings fund all amounts due the fund by him. This section shall not apply to service rendered by any employee as an Assistant Prosecutor in the Oakland County Prosecuting Attorney's Office, as credit for such service is specifically provided for and limited by Section 16 of these Rules. BE IT FURTHER RESOLVED that, subject to the conditions expressed in Oakland County Board of Commissioner's Miscellaneous No. 87254, Assistant Prosecutors (I, II, III, and IV), Principal Attorneys and Division Chiefs employed in the Oakland County Prosecuting Attorney's Office be admitted into the Oakland County Employees Retirement System effective November 5, 1987. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. ( PERSONNEL COMMITTEE 5 July I D 8 8 EN, County Clerk/Register of day of LYNN Resolution # 88181 July 14,1988 Moved by Calandro supported by Crake the resolution be adopted. AYES: Crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn,Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson,Oaks, Page, Pernick, Rewold, Rowland, Skarritt, Aaron, Bishop, Calandro. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn O. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution adopted by the Oakland County Board of Commissioners at their regular reefing held on July 14, 1988 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 14th