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Home My WebLink AboutElection Canvasses - 1974.11.05 - 2010PM 4 P4 November 20, 1974 Pontiec Oin 480513:, 154:9KY KAMM (31t ::f15.7,, ' tear nfl, E. Urn MetsirSi:1*.ia Tern Ebnt 1. : : 'tee. to...ro< SmIey urn F rtR a'? ' CITY OF PONTIAC, MICIIIGAN Mr. Lynn D. Allen Oakland County Clerk-Registrar of Deeds Oakland County Court Towers 1200 N. Telegraph Road Pontiac, Michigan Dear Sir: Please find attached two certified copies of Amendment to the Charter of the City of Pontiac, Michigan, amending the following: Sections 11, 12, and 13, Chapter XIX approved at the election held Tuesday, November 5, 1974, together with certification of the votes cast for and against said Charter Amendment. Verytru ours, (Mr4 .10, izabeth' M. Fletcher Actin:. City Clerk for the November 5, 1974 Election EF/sg Encls. CITY OF PONTIAC, MICHIGAN CHARTER AMENDMENT CERTIFICATE TO BE FILED WITH THE SECRETARY OF STATE PURSUANT TO THE PROVISIONS OF ACT NO. 279, P.A. OF 1909 AS AMENDED STATE OF MICHIGAN ) COUNTY OF OAKLAND) CITY OF PONTIAC ) I, the undersigned, the duly acting and qualified Clerk of the City of Pontiac, Oakland County, Michigan, do hereby certify that the attached are true and com- plete copies of Sections 11, 12, and 13, Chapter XIX of the Charter of the City of Pontiac, as amended by a vote of the electors of said City, at the election held November 5, 1974, in said City of Pontiac. I do hereby certify that at said election the vote upon Charter Amendment to amend Sections 11, 12, and 13, Chapter XIX was 6,410 votes cast in favor of, and 2,741 votes cast against said Charter Amendment. IN WITNESS WHEREOF, I have hereunto affixed my official signature this 20th day of November, A.D., 1974. h M. etc er, .cting City Clerk November 5, 1974 Election) of the City of Pontiac, Michigan Section 1.1 Service -connected Death- Upon death of a member resulting from an act of duty, provided death occurs within 2 years from date of service-. connected disability and was a character compe_i.:,.:111.0 cad........corhr icri a cOin pensation laws, regardless of the age or length of service of the member, sur- ving spouse shall be entitled to an annuity equal to 50% of the m.ember's rate of salary at date of his death. If minor children (as defined herein) under age of 18 survive the member, the spouse shall receive on account of each such minor an additional 10% of the member's salary. The combined payment to a spouse and children shall in no event exceed 75% of such member's salary. If no spouse survives, or if the spouse.remarries before all eligible. children have attained age 18, each minor child under age 18 shall be entitled to 15% of such member's salary subject to a limitation for the combined, payments. to children equal to 60Tc ...of such salary. , In the event the foregoing limitations are exceeded, payment to the spouse and children shall be pro-rated to conform to the applicable limitations The annuity to a spouse shall be payable until remarriage of the spouse. Minor children shall be eligible for annuity until their attainment of . age 18, death or marriage, whichever occurs first. The determination of whether 'death is duty-connected or not'shall be made in the manner provided for the administration • of disability ammties. Any annuity to a beneficiary hereunder shall be reduced by workmen's compensation payable under the laws of the State of Michigan or other payments. made pursuant to any Ordinance of the City. In addition to the aforesaid annuties, the spouse of the member or his or her minor children if a spouse does not survive the member, shall be entitled to receive at the time of the death of the member, a payment equal to the member's annual salary as the same shall be in effect at the date of death. Each such child shall be entitled to an equal part of this benefit, and the payment thereof on account of such minor children shall be made to their legally appointed guardian„ Section 120 Noneservice-connected Death. Upon the death of a member due. to any cause other than an act of duty occurring after 3 years of credited service, (a) while a member is in service, (b) on sick. leave with salary, -(e) on an approved leave of absence extending not more than 6 months continuously, (d) while in receipt of a non-service connected disability annuity, or (e) after with= drawal from service with at least 20 years of credited service, his surviving spouse shall be entitled to an annuity. The annuity shall he equal to 30% of final average salary, increased one percentage point for each year of credited service above 3 years, up to a -maximum amount equal to 50% of final average salary. . Eligibility for such annuity shall be subject to th.e following conditions: 1. The spouse-. shall have been married to the member at least one year prior to the date of death of the member„. or prior.to the date of • retirement on a service retirement annuity or non- service connected disability annuity, -whichever occurs first, and inany event while the member was in service;; 2-. The spouse shall be at least 55 years of age; otherwise, comirien- cement of :'payments on the annuity shall be deferred until be.. or she attains such.. age; 3. The annuity shall terminate, in any -event, upon remarriage, and any change in marital status thereafter shall create.. no rights for the spouse to any annuity or any other payment from the system; and. 4. The minimum payment to a spouse in any case, shall be 30% of average final salary, and the maximum 50% of such final average salary. If a spouse has in his or her care an unmarried minor child or children under age 18, payment of the spouse's annuity shall begin immediately regardless of whether the spouse shall have attained age 55. In such a case, the annuity for the spouse shall be increased 10% of final average salary on account of spouse and children shall not exceed 60% of final average salary,. In the event such limitation is exceeded, all annuities shall be pro-rated to conform therewith. Payments on account of minor children shall, terminate upon their attainment of age 18, death. or marriage, whichever first occurs. In the event • a spouse remarries, the annuity on account of each minor child shall be increased to 15% of final average salary, subject to a limitation of 50% of final average salary to all minor children. Should payments on account of minor children terminate before the spouse attains age .55, th.e annuity to the spouse shall. be suspended until he or she attains age 55. In addition, to the aforesaid annuities, the spouse of the member, or 'his or her minor children if a spouse does not survive the member, shall be entitled to receive at the time of death of the member, a payment . equal to his annual salary as the same shall. be in effect at the date of death. Each such child shall be entitled to an equal part of this benefit, and the payment therof on account of such minor children shall be made to their legally appointed guardian. Section 13. Refund of Contributions, (a) Any member withdrawing from service prior to retirement shall be entitled to a refund, in a single sum„ of the accumulated credits in the member's contribution The receipt of a refund on the part of any member shall automatically effect a waiver and forfeiture of all accrued rights and benefits in the system. The board may, in its discretion, regardless of cause, withhold payment, of a. refund for a period not to exceed one year after the filing of an application therefor. (h) Any member who has received a refund shall be considered a . new member upon subsequent reemployment, provided that such member shall render at least 3 years of service following his latest reentry into service, he shall be entitled to regain his previously forfeited service credits upon repayment of all amounts received as refunds, including regular interest from dates of refunds to date of repayment, The time and manner of making such repayments shall be fixed by the hoard, (c) Upon death of a. member leaving no survivors eligible for annuity from the system., his accumulated contribution credits in the members contribu- tion reserve shall be paid in a single sum to such person or persons as he shall have nominated by written designation duly executed and filed with the board.- no such designation shall have been made, payment shall be made to the legal representative, . . (d) After termination of all annuity payments to the member, his or her spouse and minor children, arising out of the service of the member, a refund shall be payable to the designated beneficiary of the member or to' hi ts legal representative consisting of the excess, if any, or his or her accumulated con- tribution credits in the members' contribution reserve over all such annuity payments made by the system„