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REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF LANSING, MICHIGAN


CITY COUNCIL CHAMBERS, 10TH FLOOR
LANSING CITY HALL
124 W. MICHIGAN AVENUE

AGENDA FOR JANUARY 10, 2011

TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:


The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. on
Thursday, January 6, 2011, in accordance with Section 3-103(2) of the City Charter and will
be ready for your consideration at the regular meeting of the City Council on Monday,
January 10, 2011 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.
I. ROLL CALL

II. MEDITATION AND PLEDGE OF ALLEGIANCE

III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of December 20, 2010


IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule #9 is needed to
allow consideration of late items. Late items will be considered as part of the regular
portion of the meeting to which they relate.)
V. TABLED ITEMS (Tabled items, if removed from the table, will be considered as part
of the regular portion of the meeting to which they relate.)
VI. SPECIAL CEREMONIES

1. Mayoral Presentation and Tribute; Recognition of the Greater Lansing Area


Holiday Commission for its 26th Annual Luncheon "The Legacy Lives on
Through Action" in observance of Dr. Martin Luther King, Jr. Day
VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of


event – 1 minute limit)
IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS

XII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the


following items on the agenda: public hearings, resolutions, ordinances for
introduction, and ordinances for passage. The public may comment for up to three
minutes. Speakers must sign up on white form.)

1
A. SCHEDULED PUBLIC HEARINGS

1. In consideration of an Application for Naming and Renaming


Memorials in the City of Lansing filed by Roxanna Mann to rename a
small piece of “bridge” section on Cavanaugh Rd. at the entrance to
Hawk Island Park to the Dr. Donald L. Green Memorial Bridge
2. In consideration of an Ordinance of the City of Lansing to Amend
Chapter 1220 by adding a New Section 1220.21 to the Lansing
Codified Ordinances for the purpose of establishing the Marshall
Street Armory Historic District, a Single-Resource Local Historic
District located at 330 Marshall Street [PPN 33-01-01-15-226-012] in
the City of Lansing, Michigan, and defining its boundaries in
accordance with Chapter 1220
3. In consideration of Z-10-2010, 934 Clark Street, rezoning from "B"
Residential district to "D-1" Professional Office district
4. In consideration of an Ordinance of the City of Lansing to Amend the
Employees’ Retirement System, Chapter 292, Sections 292.01
through 292.99 of the Lansing Codified Ordinances, to provide for a
restatement of the Codified Ordinances
XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

B. CONSENT AGENDA

1. BY COUNCIL MEMBER ERIC HEWITT


a. Tribute; In memory of Martha Dee
2. BY THE COMMITTEE ON PERSONNEL
a. Appointment of Karen Hulett to the position of City Council
Legislative Office Manager
3. BY THE COMMITTEE OF THE WHOLE
a. Tribute; Recognition of the Human Relations and Community
Services Department’s 30th Annual Memorial Observance of
Dr. Martin Luther King, Jr.
b. In support of Old Town Lansing’s entry into the Great American
Main Street Awards competition
C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

2
F. ORDINANCES FOR PASSAGE

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT


RELATED MATTERS

XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS


AND PETITIONS; AND OTHER CITY RELATED MATTERS (Motion that all items be
considered as being read in full and that the proper referrals be made by the
President)
1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

a. Letter from the City Clerk providing notice of the placement on file of
the Tri-County Regional Planning Commission’s Financial Statements
and Audit Reports for Fiscal Year ended September 30, 2010
b. Letters from the Mayor re:
i. Traffic Control Order 10-037; Installation of a stop sign on
Manley Dr. at the intersection of Wabash Rd.
ii. Traffic Control Order 10-038; Reconfiguration of Mt. Hope Ave.
from east of Aurelius Rd. to the east city limits from four lanes
to three lanes and bike lanes and installation of appropriate
signs as necessary to regulate the changes
iii. Traffic Control Order 10-039; Installation of stop signs on
Meadowlane Dr. at the intersection of Aragon Dr.
iv. Traffic Control Order 10-040; Installation of stop signs on
Hillsdale St. at the intersection of Cherry St.
v. Traffic Control Order 10-041; Installation of stop signs on
Muskegon Ave. at the intersection of Glenrose Ave.
vi. Traffic Control Order 10-042; Reconfiguration of Express Ct. at
Holmes Rd. from one southbound approach lane to two
southbound approach lanes
vii. Traffic Control Orders 10-005 and 10-006; Establishment of
parking zones and installation of appropriate signs on City
Market Dr.; and establish the existing parking characteristics
along the new limits of Museum Drive
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Letter from Comcast Cable providing notice of additional digital


channels to its extended basic package effective February 1, 2010
b. Letter from John Pollard of 1718 Blair St. submitting alleged charter
violations by the City Council and Mayoral Administration

3
XVI. MOTION OF EXCUSED ABSENCE

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government


related matters are issues or topics relevant to the operation or governance of the
city. The public may comment for up to three minutes. Speakers must sign up on
yellow form.)
XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

Persons with disabilities who need an accommodation to fully participate in this meeting should contact the
City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain
accommodations. An attempt will be made to grant all reasonable accommodation requests.

4
CITY OF LANSING
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing . will be held on Monday,


January 10, 2011 at 7:00 P.M. in the City Council Chambers, 10th Floor Lansing
City Hall, 124 W. Michigan Aye., Lansing, MI for the purpose of considering an
Application for Naming and Renaming Memorials in the City of Lansing to
rename a small piece of "bridge" section on Cavanaugh Rd. at the entrance to
Hawk Island Park to the Dr. Donald. L. Green Memorial Bridge.

For more information about this matter, phone City Council Offices on City
business days, Monday through Thursday, between 8 am. and 5 p.m. at 483 -
4177. If you are interested in this matter, please attend the public hearing or
send a representative. Written comments will be accepted between 8 a.m. and 5
p.m. on City business days if received before 5 p.m., Monday, January 10, 2011,
at the City Council Offices, Tenth Floor, City Hall, 124 West Michigan . Avenue,
Lansing, MI 48933-1696.

Chris Swope, Lansing City Clerk


BY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Memorial Review Board received an application from Roxanna


Mann requesting authorization for the establishment of a peg iuanent memorial
to rename a small piece of "bridge" section on Cavanaugh Road near the light
at Hawk Island Park entrance to the Dr. Donald L. Green Memorial Bridge; and

WHEREAS, the Memorial Review Board made no recommendation to the


Committee on General Services within the 90 day timeframe regarding the
request to rename a small piece of "bridge" section on Cavanaugh Road near
the light at Hawk Island Park entrance to the Dr. Donald L. Green Memorial
Bridge; and

WHEREAS, In accordance to Chapter 1034.90 of the Code of Ordinances, no


public hearing is required for a non-street name change memorial proposal;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council approves


the establishment of a peiilianent memorial to rename a small piece of "bridge"
section on Cavanaugh Road near the light at Hawk Island Park entrance to the
Dr. Donald L. Green Memorial Bridge.
,1,
V
r F r")

21103 JUN _5 E'EN 22 APPLICATION FOR NAMING


m. f,,..T', r,' AND RENAMING MEMORIALS
.,%NSIn C CLERI' IN THE
CITY OF LANSING, MICHIGAN

Applicants Name: Roxanna Mann


Date: June 5, 2009
Applicants Address: 815 North Cochran Avenue Charlotte MI 48813
Home Phone Number:517.541.0310 Work Phone Number: 517.402.4120

SUBJECT OR•SITE OF THE (RE)NAMING:


What is it? Small piece of "bridge" section on Cavanaugh Road, located near the light at
Hawk island Park Entrance
Current name? Yes XX No

What is the current name? NA

Proposed name: The Dr. Donald L. Green Memorial Bridge

What is the vision tor the proposed memorial? For an honorarium to a citizen in great
standing with the community, involved in community outreach via the Parker Memorial
Baptist Church and its ministries. (Which include an inner city children's program, a
teen program, a Bible publishing worldwide distribution center, the Lansing City Rescue
Mission, various nursing homes, city jails,.state prisons, a Christian School, a Bible
Institute, a large printing ministry and community involvement via other means.) Dr.
Green has been the Pastor of Parker Memorial Baptist Church since 1955. He has
been a solid member of the Lansing area and is known worldwide for his compassion
and interest in the furtherance of the Lord's work.

Please provide two alternative memorials that would be acceptable to you:


Any as deemed appropriate for this request. This locale was picked because it just
down the road from the church which sits on the corner of Cavanaugh & Aurelius.

Projected Costs: Unknown, requesting a sign bearing the name "The Donald L. Green
Memorial Bridge"

How do you propose the change be funded? To be determined once we know what you
will require. Funding should not be an issue for this project.

How will this impact residents? Since this is only a sign to be posted at both sides of the
small bridge area, there should be no impact on residents.

How will this impact businesses? Same as above


RECEIVED APPLICATION FOR NAMING
aa g
AND RENAMING MEMORIALS k.
^:
I 89 AL 28
Cif
f9`I 11: d 6 IN THE J
7I
'CITY OF LANSING, MICHIGAN ` 0% 0
LANSING CITY CLERK
Applicants Name: Roxanna Mann
Date: June 5, 2009°
0
Applicants Address: 815 North Cochran Avenue Charlotte MI 48813
Home Phone Number:517.541.0310 Work Phone Number: 517.402.4120

SUBJECT OR•SITE OF THE (RE)NAMING:


What is it? Small piece of "bridge" section on Cavanaugh Road, located near the light at
Hawk Island Park Entrance
Current name? Yes XX No

What is the current name? NA .

Proposed name: The Dr. Donald L. Green Memorial Bridge

What is the vision tor the proposed memorial? For an honorarium to a citizen in great
standing with the community, involved in community outreach via the Parker Memorial
Baptist Church and its ministries. (Which include an inner city children's program, a
teen program, a Bible publishing worldwide distribution center, the Lansing City Rescue
Mission, various nursing homes, city jails, state prisons, a Christian School, a Bible
institute, a large printing ministry and community involvement via other means.) Dr.
Green h'as been the Pastor of Parker Memorial Baptist Church since 1955. He has
been a solid member of the Lansing area and is known worldwide for his compassion
and interest in the furtherance of the Lord's work.

Please provide two alternative memorials that would be acceptable to you:


Any as deemed appropriate for this request. This locale was picked because it just
down the road from the church which sits on the corner of Cavanaugh & Aurelius.

Projected Costs: Unknown, requesting a sign bearing the name "The Donald L. Green
Memorial Bridge"

How do you propose the change be funded? To be determined once we know what you
will require. Funding should not be an issue for this project.

How will this impact residents? Since this is only a sign to be posted at both sides of the
small bridge area, there should be no impact on residents.

How will this impact businesses? Same as above


A.6 TOE :STATE JOURNAL Saturday, June S,1%4
Michigan

PROPOSED AUDn'01LIlYfe .-Thte is all architectural sketch of Me new audliforimn to be erect -


ad at Parker Memorial Baptist Church, 1902 E. Cavanaugh Road.,

Parker Baptist to Break Ground


Ground will be broken Sunday This will mark the fourth addhlgust, 1.955. uring his years, the
for a haw auditorium at parker to the church since the Rev. congregationD has grown from 56 .‘
Memorial Baptist Church, 1902 Mr Green became-. pastor in Au- members to 441.
. E. Cavanaugh Boa& The dare-
many will take place immediate-
"ly following the morning worship
service.
Rev, Donald L. Green, pastor,
said coastuation of the building
adjacent to the !existing edifice,
will, be. started within the nest
two weeka.
The new structure will he -
erected at' an approximate east!
of $64; 00, It will have a seating
capacity of about 600, and a 40.
chair choir loft; There will be,
laminated arches in the m a in
auditorixn. with natural w o o dl
decking for the ceiling. Plane
also call -for a spacious foyer s
with facilities for church office !.
and pastor's study off the foyer,,;
and nursery and. toddlers' de.:
paitments above it. The exterior:
will be brick, cement block and:
colored glass. _
A bond program is being con-
ducted by the congregation to fi-
nance it. The presort auditorium
wilt be converted into a Chris-
tian Education Department and
also will be used as a chapel,
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MID MICHIGAN FAB
PAGE 02/1B
A BRIEF HISTORY
OP
PARKER MEMORIAL BAPTIST CHURCH
In September 1932, a small group of people from South Baptist Church
organized a Sunday School under the name "The Union Gospel Sunday
School" and they met in the old Forest Road School building. The Church
was organized in the same school building in February, 1935, 'and the
Church and Sunday School was carried on under lay leadership until it was
incorporated May 24, 1938, with 29 members.

In 1938, an acre of land at 1902 East Cavanaugh Road was graciously


given as a memorial to Mrs. Lena Parker; hence, the name. "Parker
Memorial Baptist Church" . The first services at the Cavanaugh Road
location was on July 30, 1939.

A metal "Wonder. Building " -was constructed in 1956 as the church outgrew
the original wood frame building. On June 7, 1964, ground was broken for
the present auditorium.

The metal building was dismantled in 1990 and the entire east wing was
remodeled. This made way for the covered drive through at the east
entrance, a larger lobby, a new church office complex, enlarged classrooms,
enlarged restrooms, and a new kitchen-lunchroom. area.

Another, building was added just a few years ago that contains our World
Wide Bible Ministries, along with a gymnasium for our school and a place
of fellowship for our members.

RS WHO HAVE SERVED


Rev. Smith 1932 - 1937
Rev. Stroup 1937 - 1939
B.cv. Carvell 1040 -
Rev. Steward
Rev. Williams 1944 46
Rev, Marquardt 1946 - 55
r. on reen 5 - p eser
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MID MICHIGAN FAB
PAGE 03/18

..;
frathe building ihiCh eras built
"1939.': can be seen at the far left .. :
01 the picture above.
rendition of our present facility.
: :1 .
10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 04/18

roctaitmt•to
1UHEREAS : Union Go&pe2.' Sunday •Schoo.e began in. Septeanbet 1932; and

GWHEREAS : An acke o6 Land was gttaciousLy donated by Mu'. Wa elr_ G.'u. ^a.ne.2.
in memotcy o{, het s.ustet Lena. ' Pa>z1 et; and

WHEREAS: flue to the ge2etaus act, Patclzet Memott.Lat B ane Church uw


Qstab.P,ish.ed and held its 6A.Ast' s etvice at the new .b,e to on
Jury 30, 1939; and

WHEREAS: Undett . the Leadetsh.Lp o6 fit.. Gteen 6otc the past 'twenty-Se.uen
yeah, the church has grown . 6nam 6A :6ty-six to Lt ptelent
membetuship o6 apptoximately tight hundred; and

WHEREAS: The_ c the min i sfi'ty has ttva.y4 been to teach out to
peo pLe un{^ amit i.ati . with the Lave o6 Jesus ' Cht ist.

NOW, THEREFORE, Z, TERRY J. MC'KANt, MAYOR a6 the City o6. Lansing, by


the, pawetz vested in me, do h.eneby . utcge'a.P,i' eitaertis• in the
community to give hptC at tecognttian to Pat k tt Mematu 2.
Baptist Chutcch on the 50th ann.LVetu atzy a6 hei/L beginrui tt, .
and play that the Lad wiL abundantly bLeas th.e.Ot. w,i nt,.s
by adding mate scats to HL kingdom. .

G.Lven undetc my hand and the Se.a.L. as


the Uty °6 . Lansing this sixteenth
day c6 September •,Ln the ye.a', o6 Oat
Lord One thoas•and nine Witched and
eighty-two. .
Ic cc r. Oniiiatioi1
We, the undersigned, hereby certify that upon the recommendation and
Church at
xc. which had full and

sufficient opportunity for judging his gifts, and after satisfactory

- -examination. by us in regard to his Christian experience, call to the


ministry, and views of Bible doctrine,

Les p-we
was solemnly and publicly set apart and ordained to the work of

THE GOSPEL MINISTRY

Church

at

on the ID C41-1 dcaf of


W HEREA S: V onatd L. keen gnew up in E1e.Le, .Michigan and mended A ttington
. Baptist College in Fofct W oirth, Texas; and

' WHEREAS: He a so ha-Us an honoha.&1 doctona.2 deg. as Thom" Midwestehn Baptist


CoLEege in Pontiac, Michigan in 'recognition o6 his wotk; and

WHEREAS: 1989 maths his 40th year. in the minis /cy and his 34.h yeax at
Lansing's Pwth.en Memolc.i-a/ Baptist Chu tch; and -

WHEREAS: He has been an outstanding- watken bat the Lohd, ioA , tke members a
his chu,.ch, and ion. the peop.2e otC out community.

NOW , THEREFORE,. I, TERRY J. MC KANE, MAYOR OF THE CITY OF LA NSING, by :the powers
' vested in me, do hekceb y ptoc2a,im Sunday, A uguat 73, 1989 ab :
"DR. DONALD L. - GREEN DAY "

and a6I att. Laming to idents to join me - tin paying .spec2a2 Lbute
Gnee.n {soh his outstanding conbu:bu:C.Lona to out community
thrcough h.L wair.h, at Patfae1t. Memo}c-Lat Baptibt Chutch.
Given under.. my hand and .he Seca q
the CJty Q. Lansing this eleventh day
F o A ugust in the yeat o Out Lohd one
X vd ' thousand nine hundted and eighty-nine.
', "
? : JyyC ^^r' S^J,+'.^.1 yr_.:e. ik `. •.^•',iirf'f0
'h .T
.u y^J,aT,'I.iir„! •1 ^,i
d1'^2
^^:^t' y,;,4 ^1 ^irvV^.'.:.' • yl:^. l t .

I : `, v •i F,(SC`''"7^i°!. /:
L^ I' ^^:
^r'.^'j:.Pktl

PT /QM 7MhC-I CHJ LI TLI'lTW aTW T ilh'Q( f]Tfai /C:fl /aT


MID MICHIGAN FAB PAGE 07/18
10/05/2010 06:44 1

LEAST-snorts. 7a *cox
.
ITS •ooaO LINE O, LRIML =ANNE
'MtRIROLR PRE56, FLINT. NIGNICAH
d

i ^^' • I YYi t Between


PA.. Lb., lv a MOR IA L BA PTIST CHURCH,
a Michigan Eccl,es:i.astical. Corporation,
1902 east Cavanaugh ' Road, Lansing,
part y of the first part, and ,.
FOREST SCHOOL DISTRICT
R oute r2, L a isi'ng, Michigan,
part y of the second. part, as follow, The said part y of the first part, in consideration of the rents

and eovertants herein spedfied, does he aeisy l and Imams to the said part r of foe second part, the

following described premises, situated and being in the Township of •. Lansing S`•

County of Ingham and State of Michigan, to-wit:

The building to the rear ,o± the church


or first party located at 1902I'ast
Cavanaugh Road, Lansing, Michigan.

for she term; of Nine & on; -halPfram and after the first clny of Sep bembez
months (9'h')
19 56 on the ternos 0.13tt Condiriorta hereinaftea meodoned, to he occupied for a schoolroom,
,
during the hours of S:00 a . n1, to 4:00 p . m. , Monday to Friday, "ootl^
'•I
,
'. 7,ncl sivs.

Plaided, That in case any rent shag be daze and unpaid., or if default shall be made is any of the

covensnts herein contained, then it shall be lawful for the said part y of the first part , , its ;LuoCeS:sor

a ai attorney,%Arela; representatives and assigns, to re-en er into, te-possess the said premises,. and the

1 said part y of the second part, and each and every other occupant., to remove and put out.

Anl the said part y of ril e second part does hereby hire the said pxmiises for the term of

dins & one-half (9• )as above mentioned, and do es covenant and promise to pay to the said
• months
part ' of the first part, t s "' C C C 5 S reptativea and ass, £ms. for rent of said p>:causcs for said

terse the 34#}il>'. following services: work. labor and J?1at:e,, al,s
:in the remodeling and Improving of said premises; to r, alike any changes,
-• - . • h- and remodeling of sa.5,. - bui 1.din'^•.?>;
•^ . o.t ..e i d.•?.
r e..,cssal Y t^^. r second paz^ r.'-
for itS use of said building for school purposes; to construct a gas
line to said building and install a gas meter; to pay for the utilities
• .u.sed by said second party; and to furn.j•sh whatever janitor service
second party requires.
I PAGE 08/18
10/05/2010 06:44 1
a W1FalIC?wfu?:i^Gudlilwhh5^llllurJ,^1cyu1;,!SLGriCrut4S^^ ,;a ,e,,•su. rae9t:w,,ahu:i^:wRaue^,e,;:u^;a rto^um"oMID MICHIGAN
u^e,^,,,.:._ u, ;:.:
FRB
V v ^ PAGE 0/18

WHO'S WHO

Biographical Proof

Your Nome: Donald Lewis Green.

Company Name; Packer Menaonsl Baptist Church


Depactment;
Your Title: Senior Pastor,
Published Address 1902 E. Cavanaugh Road
Lsnsiug, MI 4891,0
United States
Business Phone: (517) 882-2280 Ext.
Cell Phone!
Home Phone: (517) 882-9295
e-mail Address: grecnprnbc©juno,com
'Web Address: http:// ccannbxidgc. hoswho-com

Type of Business; Baptist Church

Major Trod/Services: Spiritual Leadership, Consulting, Striving to Spread the Word of God, Preaching, Teaching

Marketing Atea: Regional


Forty-Nine Yeats of Experience as a ?readier, Speaking at Conferences, Evangelism, Missionary
Expertise: Field Delegate

Fav. Bus. Publication: Sword of the Lord

Hobbies: Baseball, Traveling Intetnatiofally


Doctorate of Divinity, Midwestern Baptist College, Pontiac, il4ichigav (1974); Bachelor 's Degree in
Education: Divinity, Bible Baptist Seminary, Fort Worth, Texas (1949)
President, International Fellowship of Fundamental Baptists (2001-2003); Guest Speaker, Camp
Meeting; ArM mnistrator, Lansing Baptist School, K42 (1974-2.006); Fouader, President, Lansing
Affiliations/Awards: Baptist. Bible Institute '(since 1972)

Charity;
10/05/2010 06:44 1 Mlll MIUHIUAN FAA VA UL 11/1B

KJV Bible-Believing
Me/mad Sog t CAt,pech
7902 &. eavarr. g/i Road, 2rieac , c % 18910
(5/7/ X82--22C?O . (577) ec 8-2/f2 t.o../feeit. rTip040@elerro.eivv
Dr. D. I- Green, Pastor Rev; Steve Green, Asst..Pastor, Music
Independent Fundamental Rev. Craig Burr-ham, Assoc. Pastor, Visitation

Dr. Donald L Green (6-5-1928 - )

Saved at the age of-9 years,

Called to preach at age of 16.

1946-48 Attended BIBLE BAPTIST SEMINARY, FT. WORTH, TX.


1949-52 Pastored FIRST BAPTIST CHURCH, WEST BRANCH, ML
1953-55 Asst. Pastor BEREAN BAPTIST CHURCH, JACKSONVILLE, PL.
195$- Pastor PARKER MEMORIAL BAPTIST CHURCH, LANSING, ML

Over 70 preacher boys called to ministry.

His own -Ave sons are ordained Baptist Preachers and in full time
service and his daughter is married to a Baptist Preacher and on the
mission field.

He has travelled around the world, preached for many missionaries in


several foreign countries, and has made twelve trips to the Holy Land,

Currently administrates the fotlowing ministries of P,M,B,C.

Christian School .K4-1.2


Bible Institute
Printing Ministry
Bookstore
Bus Ministry
'Tape Minister
Jail Er Prison Ministries
Rescue Mission Preaching
Youth Camp

Lansing Baptist School .K4-12, Lansing Baptist Bible Institute, Bus Ministry, Lansing Baptist Bookstore,
Bearing Precious Seed Ministry, Local Church Bible Publishers, Tape Ministry
10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 12/18

`TIC'LO. D rSGOOD, ASTRONGHOLD INTHE.DAYOFTROUJ3LE; ANAHEINOT ETHT73EM`THA.T`T.KW T Ma k e


vAFIZim 2:7 ..

Ji EREAS: It is a privilege to celebrate with en Memorial Church; frietids'.and family to .honor.


Donald L. Green on the occasion of his 80 da3^,i and , ""N

W'fIEREAS: Since August l9$ , een. has earn-mad hints of:: is Baptist heritage. As•the
;on of a Baptist preacher, Gze'6n. wasts d at they ^.. ,, e age of 16y S.ager to serve
he Lord, he received his,3`achelor's cegr^ - S..Dvhtoi: of Divmity. :em.
Ylidwestern Baptist C cokle in Pontiac

WRER. AS: As a active, p


Dr. Green firmlyAAelieves in a
midst of a dayC fallen hero
successfully a.isted in the
WRE1 ASf Devoted
and other eents, a va
local entities like the L
W' R : Assure
teach and ..tress the
values, Bz[couraged b
the blood acid the purl
the world: d
a
W aA S„A nother s
sons: Timoth, Steve, Jo
father, and his ke beautiful
NOW, TBEIt7EFFR.,
June 2, 200S to be \

in Lansing, I encourage Lan'kg''residei to jAin wi


and community service., a helve ana her SO year
. under my .. harxd and . seal 'this
ecotd day of June 'in; Year• `of.'Our
• Lord two thousand and eight..
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v
13/18

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To Whom It May Concern:

It has come to my attention that. the members of the Parker Memorial 'Baptist Clutch
would wish to tribute their Pastor, Dr. Don Green, with having the bridge near Hawk Island, on
Cavanaugh Rd, - named affee him. I believe this would be a great honor to him, considering his
great impact on the community.

Called to preach at the you age of 16, Pastor Green will have been a Member of the
church for 55 years as of August 14 , 2010. He has 'raised a family, consisting of 5 boys and one
daughter, to follow in his footsteps. He, and his congregation, has be. active in reaching the
Word throughout the community by Sunday school, Vacation Bible School, and bus ministry.
They have went out of their way to bring people to chub, who had difficult station,
while providing people with feed and .clothing as they could.

Pastor Green has been a big financial supporter of the City Rescue Mission. He taw sent
ministries, along with himself, to preach there as well acs in jails, prisons, and nursing homes. He
spends many hours with the sick and those in need. As people will say, he really is a "People
home

Green has also administrated a Christian School andbible Institute. He is engaged'


primarily in Educational ministries, making tomes and booklets, epreadiag the gospel Not only
has he reached out through the community, but the, world as well. He has traveled to many
diet countries with his teachings,

Tank you for taking this time to consider naming the bridge the 'Donald. L. Green
Memorial Bridge? I'm sure after reeding this letter; you will see Dr, Doteaetut as a caring, heed
wanting person who deserves to be recognized in such a way.

Sincerely,

Alan L. Cropsey
Senate Majority Floor Leader

08-8E-201® 11:28 BPS 5178822317


10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 14/18

Tony Benavides
3337 S. Catherine SL, .Lancing, MI 48911

Tel: (517) 882-6360 Cell: (517) 614-1114

July 26, 2010

Esteemed Members of the Lansing City Council:

The congregation of the Parker Memorial Baptist Church at 1902 E. Cavanaugh, is requesting the naming a
bridge in honor of their pastor Dr, Don Green. It is a pleasure and an honor for me to write a letter of support
in the naming of the bridge spanning the creek on E, Cavanaugh road near Hawk Island Park for Pastor Dr.
Don Green. The bridge is immediately west of the church.

Dr. Green has been the pastor of Parker Memorial Baptist Church since 1955 and has enriched the lives of
thousands of Lansing citizens in that span of time. He has provided leadership for church members that
strengthen the moral fiber of our city. Dr, Green is married to Fay and has six children, five sons that are
ordained ministers and a daughter that is married to a minister. Since he came to Lansing as a pastor, he has
extended support to the families of his church by initiating the programs that promote strong family values
and involvement in caring for others. Among his many, many accomplishments is the starting of a bible
publishing effort that provides free bibles to anyone who' cannot afford one, and starting a school in 1974.
Through his leadership the congregation is a strong supporter of missionaries all over the world. Through his
tireless efforts and inspiration, he has a congregation that is involved in an extensive number of activities.

He is one man, resolved to live the life of a Christian; a great example for all us. Ills leadership, first with his
family and then with his congregation has impacted Lansing with the strong citizens that serve the whole
community and branch out to serve-the world.

I have had the pleasure of knowing Pastor Green for many years and feel that he is certainly worthy of this
recognition. I totally support the naming of the bridge in his honor. Please call me should you need
additional information.
10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 15/18

Tony . ernivides
3337 S. Catherine SL, Lansing, MI 48911

Tel; (5j7) 8824360 Cell: (517} 6.14-111.

July 26, 2010

Esteemed Members of the Lansing City Council:

The congregation of the Parker Memorial Baptist Church at 1902E, Cavanaugh, is requesting the naming a
bridge in honor of their pastor Dr. Don Green. It is a pleasure and an honor for me to write a letter of support
in the naming of the bridge spanning the creek on E, Cavanaugh road near Hawk island Park for Pastor Dr.
Don Green. The bridge is immediately west of the church..

Dr, Green has been the pastor of Parker Memorial Baptist Church since 1955 and has enriched the lives of
thousands of Lansing citizens in that span of time. He has provided leadership for church members that
strengthen the moral fiber of our city, Dr. Green is married to Fay and has six children, five sons that are
ordained ministers and a daughter that is married to a minister. Since he came to Lansing as a pastor, he has
extended support to the families of his church by initiating the programs that promote strong family values
and involvement in caring for others. Among his many, many accomplishments is the starting of a bible
publishing effort that provides free bibles to anyone who cannot afford one, and starting a school in 1974.
Through his leadership the congregation is a strong supporter of missionaries all over the world. Through his
tireless efforts and inspiration, he has a congregation that is involved in an extensive number of activities.

He is one man, resolved to live the life of a Christian; a great example for all us. His leadership, first with his
family and then with his congregation has impacted Lansing with the strong citizens that serve the whole
community and branch out to serve the world.

I have had the pleasure of knowing Pastor Green for many years and feel that he is certainly worthy of this
recognition. I totally support the naming of the bridge in his honor. Please call me should you need
additional information.
10/05/2010 06:44 MID MICHIGAN FAB PAGE 16/15

Tony Benavides
3337 S. Catherine Sr, Lansing, Mr 48911

Tel: (317) 882-6360 Celli. (517) 6141114

July 26, 2010

Esteemed Members of the Lansing City Council:

The congregation of the Parker . Memorial Baptist Church at 1902 E. Cavanaugh, is requesting the naming a
bridge in honor of their pastor Dr. Don Green. It is a pleasure and an. honor for me to write a letter of support
in the naming of the bridge spanning the creek on E. Cavanaugh road near Hawk Island Park for Pastor Dr.
Don Green, The bridge is immediately west of the church.

Dr, Green has been the pastor of Parker Memorial Baptist Church since 1955 and has enriched the lives of
thousands of Lansing citizens in that span of time. He has provided leadership for church members that
, strengthen the moral fiber of our city. Dr, Green is married to fay and has six children, five sons that are
ordained ministers and a daughter that is married to a minister. Since he came to Lansing as a pastor, he has
extended support to the families of his church by initiating the programs that promote strong family values
and involvement in caring for others. Among his many, many accomplishments is the starting of a bible
publishing effort that provides free bibles to anyone who cannot afford one, and starting a school in 1974.
Through his leadership the congregation is a strong supporter of missionaries all over the world. Through his
tireless efforts and inspiration, he has a congregation that is involved in an extensive number of activities.

He is one man, resolved to live the life of a Christian; a great example for all us. His leaders hip, first with his
family and then with his congregation has impacted Lansing with the strong citizens that serve the whole
community and branch out to serve the world.

l have had the pleasure of knowing Pastor Green for many years and feel that he is certainly worthy of this
recognition. i totally support the naming of the bridge in his honor. Please call me should you need
additional information.

Re pectfully, /
10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 17/18

Tony Ben avi es


33375. Catherine SSG, Lan g, MI48911

7e1: (517) 88.24360 Cell: (517) 614-1114

July 26, 2010

Esteemed Members of the Lansing City Council:

The congregation of the Parker Memorial Baptist Church at 1902 E. Cavanaugh, is requesting the naming a
bridge in honor of their pastor Dr. Don Green, It is a pleasure and an honor for me to write a letter of support
in the naming of the bridge spanning the creek on E. Cavanaugh road near Hawk Island Park for Pastor Dr,
Don Green. The bridge is immediately west of the church.

Dr. Green has been the pastor of Parker Memorial Baptist Church since 1.955 and has enriched the lives of
thousands of Lansing citizens in that span of time. He has provided leadership for church members that
strengthen the moral fiber of our city. Dr. Green is married to Fay and has six children, five sons that are
ordained ministers and a daughter that is married to a minister. Since he came to Lansing as a pastor, he has
extended support to the families of his church by initiating the programs that promote strong family values
and involvement in caring for others. Among his many, many accomplishments is the starting of a bible
publishing effort that provides free bibles to anyone who cannot afford one, and starting a school in 1974.
Through his leadership the congregation is a strong supporter of missionaries all over the world. Through his
tireless efforts and inspiration, he has a congregation that is involved in an extensive number of activities,

He is one man, resolved to live the life of a Christian; a great example for all us. His leader ship,.first with his
family and then with his congregation has impacted Lansing with the strong citizens that serve the whole
community and branch out to serve the world.

I have had the pleasure of knowing Pastor Green for many years and feel that he is certainly worthy of this
recognition. I totally support the naming of the bridge in his honor. Please call me should you need
additional information.

Re pectfully,
Pr>.
1 MID MICHIGAN FAB PAGE 18/18
10/05/2010 06:44

C.'Fty of .L . SIN'

WHEREAS: On Tune 5, 192*, Rev mend ' Roy Gne.en and h,i w.i6 e E.heL o6 %etito.i t, Michigan we/te
h.ewed with the bin h. o6 a bon, Donald L. Green; and
NHL-12EAS: Donald was gx.aduated 6nom Elsie High Schoo.e in Et s.ie., Michigan and 13d.bze Baptist
Semi;navty in Foht CUoh th, Texa a• with. h 14 Ondina t%on taking g ace. on his wenty-6.i&tat
bi hday, at the. Fast Baptist Chu/fah. o6 W est )arch, Michigan whehe he. remained
as a pa4tott bor. 6outc yecuts6; and ,
W HEREA S: Reverend Vcma.Pd L. Gx.e.en then moved to Jgcksonv.Le e., FPordi.a wkm.e he. was an
Aas•oci.ate. Pasto/f be6atce eoming to the Pa/a.m. Memotrict& Baptist Chwteft ei.n Lansing,
an. August 14, 1955; and

WHEREAS: Reverend Dona-.d L. Gi.e.en went on to build the panhen Memoh a.e Baptist Cl,w.e.h 6nam
a r tugg.ei.ng c(tiwtah. to a 4.t'toilg, sofa. w n.hing membenahip o6 700 and has .Led this
chuh.ch in 6awc 5ui:Ld•cng ptoghama, thus' gnea y enLaAg.ing and enhancing the ahixefa
pkapehty; and ..
WHEREAS: Re.vettend. Ponaed L. Stun is the 6atken o6 A ix chi,Ldnen, one daugh.etf and 6.i.ve
soils, a.ee o6 his sons. have. Been called into the minis ty, preaching the word a6
God, thus 6o.P_eoaung ..in. the. 6ao steps o6 Itie.x gnand6ath.ett and 6awhen; and

W HEREA S: Tn recogr W .on o6 his outstanding exa^np.2e a6 6 ehv.iee to God a.nd ih te..Stiman y to
his many yeah-6 o6 exemp•Lan.y pnaotiee o6 his mini,attfy, the. IS/fiends and. 6amt,Ly o6
Re.ve .end Gtceen w.t 2 gather with him .,in ee2.eb/fatio.n o6 his Twentieth Ann,ivecaay
with Paxk.ett M man^:a.e Baptist Ch.wte.h..

NOW, THEREFORE, I, GERALD W. GRAVES, MAYOR OF THE CITY OF LANSING, by the power ve.ated in
me, do hene.by pnoe.LaLm, Sunday, A ugust 17, 1975; a4:

"REVEREW DONA LD L, GREEN DA Y "

in Lansing, and T heq.aest a t'.rti.zena, ea pec i_a.L-e.y :hose oa Pan,fze/t Memo/ia2 Baloti4.t
Chu/fah, to x.es peed, honors and pay tit ibute .to phis man Bars ha eont/ Lbu Lon4 to this
eommun,%ty and. ban the .befite/trnent o6 those'axound. him.

Given uh.de/i my hand and . .the. Seat. o6 the City


'06 Lansing this 6L6th day o6 Augc.z in the
yeah o6 Owl Lond one th.ousand nine. hundred
and 4 ev enty- 6-i.v. e..
810 R

CITY OF LANSING
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday,


January 10, 2011 at 7:00 P.M. in the City Council Chambers, 10th Floor Lansing
City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering an
Ordinance of the City of Lansing, Michigan to Amend Chapter 1220 by adding a
New Section 1220.21 to the Lansing Codified Ordinances for the purpose of
establishing the Marshall Street Armory Historic District, a Single-Resource Local
Historic District located at 330 Marshall Street [PPN 33-01-01-15-226-012] in the
City of Lansing, Michigan, and defining its boundaries in accordance with
Chapter 1220. For more information please call 483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK


DRA FT
Chapter 1220, Sec 22 12/9/2010

1 ORDINANCE NO. 1220.22

3 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN TO AMEND CHAPTER

4 1220 BY ADDING A NEW SECTION 1220.21 TO THE LANSING CODIFIED

5 ORDINANCES FOR THE PURPOSE OF ESTABLISHING THE MARSHALL STREET

6 ARMORY HISTORIC DISTRICT, A SINGLE-RESOURCE LOCAL HISTORIC DISTRICT

7 LOCATED AT 330 MARSHALL STREET [PPN 33-01-01-15-226-012] IN THE CITY OF

8 LANSING, MICHIGAN, AND DEFINING ITS BOUNDARIES IN ACCORDANCE WITH

9 CHAPTER 1220.

10 The City of Lansing ordains:

11 Section 1. That Chapter 1220 of the Code , of Ordinances of the City of Lansing,

12 Michigan, be and is hereby amended by adding a new Section 1220.22 to read as follows:

13 SECTION 1220.22. MARSHALL STREET ARMORY HISTORIC DISTRICT.

14 THE MARSHALL STREET ARMORY HISTORIC DISTRICT, LOCATED AT 330

15 MARSHALL STREET, BEING LEGALLY DESCRIBED AS:

16 A PARCEL OF LAND, BEING PART OF THE NORTHEAST 1A


OF SECTION

17 15, T4N; R2W, CITY OF LANSING, INGHAM COUNTY, MICHIGAN BEING .

18 MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE

.
Page 1 of 3 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


DRAFT
Chapter 1220,.Sec 22 12/9/2010

19 NORTHEAST CORNER OF SECTION 15, T4N, R2W: THENCE S01 44'44"W,

20 1600.25 FEET ALONG THE EAST LINE OF SAID SECTION 15 ALSO BEING

21 THE WEST LINE OF ADAM'S ADDITION TO THE CITY OF LANSING,

22 INGHAM COUNTY, MICHIGAN (LIBER 4, PAGE 25) TO THE NORTHEAST

23 CORNER OF LONGYEAR'S ADDITION TO THE CITY OF LANSING,

24 INGHAM COUNTY, MICHIGAN (LIBER 2, PAGE 17); THENCE N88

25 53'28"W, 369.49 FEET ALONG THE NORTH LINE OF SAID LONGYEAR'S

26 ADDITION AND THE NORTH LINE OF J.B. RAYNER'S ADDITION TO

27 THE CITY OF LANSING, INGHAM COUNTY, MICHIGAN (LIBER 3, PAGE

28 20) TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED

29 PARCEL; THENCE CONTINUING N88 53' 28'W, 390.06 FEET ALONG SAID

30 NORTH LINE AND THE NORTH LINE OF BROWN'S INSURANCE

31 AGENCY ADDITION TO THE CITY OF LANSING, INGHAM COUNTY,

32 MICHIGAN (LIBER 4, PAGE 15) AND THE NORTH LINE OF RUMSEY'S

33 MICHIGAN AVENUE ADDITION TO THE CITY OF LANSING, INGHAM

34 COUNTY, MICHIGAN (LIBER 2, PAGE 12) TO THE EAST LINE OF

35 MARSHALL STREET; THENCE S88 53'28"E, 388.16 FEET; THENCE S01

36 30'42"W, 502.98 FEET TO THE POINT OF BEGINNING,

Page 2 of 3 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


DRAFT
Chapter 1220, Sec 22 12/9/2010

37

38 IS HEREBY ESTABLISHED AS A LANSING HISTORIC DISTRICT IN

39 ACCORDANCE WITH THIS CHAPTER.

40 Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof

41 are hereby repealed.

42 Section 3. Should any section, clause or phrase of this ordinance be declared to be

4 3 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

4 4 other than the part so declared to be invalid.

45 Section 4. This ordinance was duly adopted by the Lansing City Council on

4 6 , 2011, and a copy is available in the office of the Lansing City Clerk, 9th Floor, City

4 7 Hall, 124 W. Michigan Avenue, Lansing, MI 48933.

48 Section 5. This ordinance shall take effect upon the expiration of seven (7) days from

4 9 the date this notice of adoption is published in a newspaper of general circulation.

Page 3 of 3 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


'^3

CITY OF LANSING
NOTICE OF PUBLIC HEARING

Z-10-2010, 934 Clark Street


"B" Residential District to "D-1" Professional Office District

The Lansing City Council will hold a public hearing on Monday, January 10,
2011, at 7:00 p.m. in Council Chambers, 10th Floor, Lansing City Hall, 124 W.
Michigan Ave., Lansing, MI, to consider Z-10-2010. This is a request by RKH
Investments, LLC. to rezone the property at 934 Clark Street, more specifically
described as:

LOTS 9, 10 & 11 ASSESSORS . PLAT NO 21, CITY OF LANSING

from "B" Residential district to "D-1" Professional Office district. The purpose of
the rezoning is to allow the building at this location to be used for offices.

For more information about this case, phone City Council Offices on City
business days, Monday through Friday, between 8 a.m. and 5 p.m. at 483-4177.
If you are interested in this matter, please attend the public hearing or send a
representative. Written comments will be accepted between 8 a.m. and 5 p.m.
on City business days if received before 5 p.m., Monday, Monday January 10,
2011, at the City Council Offices, Tenth Floor, City Hall, 124 West Michigan Ave.,
Lansing, MI 48933-1696.

Chris Swope, Lansing City Clerk


ORDINANCE #

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THE


REZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF
LANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPS
ADOPTED BY SECTION 1246.02 OF THE CODE OF ORDINANCES.

The City of Lansing ordains:

Section I. That the district maps adopted by and incorporated as Section 1246.02 of
the Code of Ordinances of the City of Lansing, Michigan be amended to provide as
follows:

To change the zoning classification of the property described as follows:

Case Number: Z-10-2010


Address: 934 Clark Street
Parcel Number: PPN: 33-01-01-10-409-071/-081
Legal Descriptions: Lots 9, 10 & 11, Assessor's Plat Number 21, City of
Lansing, Ingham County, State of Michigan, from "B"
Residential District to "D-1" Professional Office
District.

Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof
are hereby repealed.

Section 3. This ordinance was duly adopted by the Lansing City Council on
, 2011, and a copy is available in the office of the Lansing City Clerk, 9th
Floor, City Hall, 124 W. Michigan Avenue, Lansing, MI 48933.

Section 4. This ordinance shall take effect upon the expiration of seven (7) days from
the date this notice of adoption is published in a newspaper of general circulation.

Page 1 of 1 Approval for placement on City Council agenda:

Brigham Smith Date


City Attorney
A

CITY OF LANSING
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday,


January 10, 2011 at 7:00 p.m. in the City Council Chambers, 10th Floor Lansing
City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering an
ordinance of the City of Lansing, Michigan, to amend the Employees' Retirement
System, Chapter 292, Sections 292.01 through 292.99 of the Lansing Codified
Ordinances, to provide for a restatement of the codified ordinance. For more
information please call 483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK


DRAFT NO. 1
12/20/10

1 ORDINANCE NO.

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND THE

3 EMPLOYEES' RETIREMENT SYSTEM, CHAPTER 292, SECTIONS 292.01 THROUGH

4 292.99 OF THE LANSING CODIFIED ORDINANCES, TO PROVIDE FOR A

5 RESTATEMENT OF THE CODIFIED ORDINANCE.

6 THE CITY OF LANSING ORDAINS:

7 Section 1. That Chapter 292, Sections 292.01 through 292.99, of the Codified

8 Ordinances of the City of Lansing, Michigan, be and is hereby amended to read as follows:

10 CHAPTER 292. EMPLOYEES' RETIREMENT SYSTEM*

11

12 292.01. ESTABLISHMENT AND EFFECTIVE DATE OF SYSTEM.

13 EFFECTIVE JULY 1, 1941, THE CITY OF LANSING ESTABLISHED A RETIREMENT

,14 PLAN FOR EMPLOYEES OF THE CITY FOR THE PURPOSE OF PROVIDING THE

15 PAYMENT OF RETIREMENT ALLOWANCES AND DEATH BENEFITS FOR THE

16 EMPLOYEES' INCLUDED IN THE PLAN AND THEIR BENEFICIARIES. THE

17 RETIREMENT PLAN WAS INCORPORATED INTO THE CITY'S CODIFIED

18 ORDINANCES AS THE "EMPLOYEES' RETIREMENT SYSTEM," CURRENTLY

19 CHAPTER 292, AND HAS BEEN AMENDED FROM TIME TO TIME.

20 THIS ORDINANCE IS INTENDED TO BE A RESTATEMENT OF THE CODIFIED

21 ORDINANCE PLAN ("RESTATEMENT OF CODIFICATION") AS IT EXISTS ON THE

Approved as to form:

Brigham Smith, City Attorney


Dated:
1
DRAFT NO. 1
12/20/10

1 DATE THE RESTATEMENT OF CODIFICATION IS ADOPTED BY THE CITY COUNCIL

2 ("RESTATEMENT OF CODIFICATION DATE").

3 UNLESS OTHERWISE INDICATED HEREIN, THE PROVISIONS OF THIS

4 RESTATEMENT OF CODIFICATION SHALL APPLY ONLY TO AN EMPLOYEE WHO

5 TERMINATES EMPLOYMENT ON OR AFTER THE RESTATEMENT OF CODIFICATION

6 DATE. THE RIGHTS AND BENEFITS, IF ANY, OF AN EMPLOYEE WHO TERMINATED

7 EMPLOYMENT PRIOR TO THE EFFECTIVE DATE SHALL BE DETERMINED IN

8 ACCORDANCE WITH THE PROVISION OF THE ORDINANCE PLAN IN EFFECT ON

9 THE DATE OF THE EMPLOYEE'S TERMINATION.

10 292.02. DEFINITIONS.

11 AS USED IN THIS CHAPTER, UNLESS A DIFFERENT MEANING IS PLAINLY

12 REQUIRED BY THE CONTEXT:

13 (A) ACCUMULATED CONTRIBUTIONS MEANS THE SUM OF ALL AMOUNTS

14 DEDUCTED FROM THE COMPENSATION OF A MEMBER OR DEDUCTED FROM

15 CONTRIBUTIONS BY A MEMBER AS ALLOWED IN THIS CHAPTER, AND CREDITED

16 TO THE MEMBER'S INDIVIDUAL ACCOUNT IN THE EMPLOYEES' SAVINGS FUND,

17 TOGETHER WITH MEMBER INTEREST THEREON.

18 (B) ANNUITY MEANS AN ANNUAL AMOUNT, DERIVED FROM A MEMBER'S

19 ACCUMULATED CONTRIBUTIONS TO THE RETIREMENT SYSTEM, PAYABLE IN

20 EQUAL MONTHLY INSTALLMENTS THROUGHOUT THE FUTURE LIFE OF A PERSON

21 OR FOR A TEMPORARY PERIOD AS PROVIDED IN THIS CHAPTER.

Approved as to form:

Brigham Smith, City Attorney


Dated: .
2
DRAFT NO. 1
12/20/10

1 (C) BENEFICIARY MEANS ANY PERSON EXCEPT A RETIREE, WHO IS IN RECEIPT

2 OF, OR WHO HAS ENTITLEMENT TO, A PENSION, RETIREMENT ALLOWANCE OR

3 OTHER BENEFIT PAYABLE BY THE RETIREMENT SYSTEM.

4 (D) BOARD OF TRUSTEES OR BOARD MEANS THE BOARD OF TRUSTEES OF THE

5 RETIREMENT SYSTEM, AS PROVIDED FOR IN THIS CHAPTER.

6 (E) CREDITED SERVICE MEANS THE NUMBER OF YEARS, AND FRACTION OF A

7 YEAR, OF SERVICE (SERVICE IS AS DEFINED IN SUBSECTION 292.01(S)) STANDING

8 TO A MEMBER'S CREDIT IN THE MEMBER'S SERVICE ACCOUNT. ANY FUTURE

9 REFERENCE IN THIS CHAPTER TO "CREDITED SERVICE" SHALL HAVE THE SAME

10 MEANING AS "SERVICE CREDIT."

11 (F) COMPENSATION MEANS, EXCEPT AS OTHERWISE PROVIDED IN THIS

12 SUBSECTION (F), A MEMBER'S SALARY, WAGES, LONGEVITY BONUS AND, FOR

13 ANY CITY EMPLOYEE NOT ELIGIBLE FOR OVERTIME PAY UNDER THE FAIR

14 LABOR STANDARDS ACT AND REGARDLESS OF UNION CONTRACT ELIGIBILITY,

15 UP TO A MAXIMUM OF 80 HOURS OF UNUSED COMPENSATORY TIME CREDITED

16 TO A MEMBER AT THE DATE OF RETIREMENT, PAID BY THE CITY FOR PERSONAL

17 SERVICES RENDERED BY THE MEMBER AS AN EMPLOYEE. COMPENSATION DOES

18 NOT INCLUDE AMOUNTS THE CITY PAYS A MEMBER FOR UNUSED LEAVE OR

19 ANNUAL UNUSED SICK TIME OR BECAUSE HE OR SHE DECLINES TO RECEIVE

20 CERTAIN EMPLOYEE BENEFITS, COMMONLY CALLED AN "OPT OUT" PAYMENT.

Approved as to form:

Brigham Smith, City Attorney


Dated:
J
DRAFT NO. 1
12/20/10

1 (G) DEFERRED RETIREMENT PERSON MEANS A FORMER MEMBER OF THE

2 SYSTEM WHO IS VESTED FOR PENSION BENEFITS BUT IS NOT ENTITLED TO

3 RECEIVE A PENSION UNTIL A FUTURE TIME OR EVENT.

4 (H) DISTRICT COURT MEANS THE 54-A JUDICIAL DISTRICT COURT OF

5 MICHIGAN.

6 (I) EMPLOYEE MEANS A PERSON WHO IS A FULL-TIME EMPLOYEE OF

7 THE CITY AND IS IN ONE OF THE FOLLOWING CITY EMPLOYEE

8 CLASSIFICATIONS:(1) TEAMSTER 580;

9 (2) EXECUTIVE MANAGEMENT PLAN;

10 (3) TEAMSTER 214;

11 (4) EXEMPT A/K/A NON-BARGAINING GROUP;

12 (5) MAYORAL STAFF;

13 (6) COUNCIL STAFF;

14 (7) DISTRICT COURT EXEMPT, EXCEPT THE JUDGES;

15 (8) DISTRICT COURT TEAMSTERS;

16 (9) FOP 911 OPERATORS DIVISION; AND

17 (10) UAW

18 THE TERM FULL-TIME EMPLOYEE EXCLUDES ALL PERSONS EMPLOYED BY THE

19 CITY ON THE BASIS OF, OR AS DESCRIBED IN A COLLECTIVE BARGAINING

20 AGREEMENT AS: PART-TIME, SEASONAL, TEMPORARY, CASUAL OR

21 CONTRACTUAL, EXCEPT THAT CONTRACTUAL DOES NOT INCLUDE FULL-TIME

22 MAYORAL STAFF, COUNCIL STAFF AND EXECUTIVE MANAGEMENT PLAN

Approved as to form:

Brigham Smith, City Attorney


Dated:
4
DRAFT NO.1
12/20/10

1 EMPLOYEES WHO SIGN CONTRACTS UNDER THEIR RESPECTIVE PERSONNEL

2 RULES OR AS REQUIRED BY EMPLOYMENT PRACTICE.

3 THE TERM EMPLOYEE DOES NOT INCLUDE ANY PERSON WHO IS COMPENSATED

4 WHOLLY AS AN INDEPENDENT CONTRACTOR OR IS A CITY ELECTED OFFICIAL,

5 THE MEDICAL DIRECTOR APPOINTED UNDER SECTION 292.11, OR A JUDGE OF THE

6 DISTRICT COURT.

7 (J) FINAL AVERAGE COMPENSATION MEANS THE AVERAGE OF THE HIGHEST

8 ANNUAL COMPENSATION PAID A MEMBER DURING A PERIOD OF TWO

9 CONSECUTIVE YEARS OF CREDITED SERVICE CONTAINED WITHIN THE

10 MEMBER'S TEN YEARS OF CREDITED SERVICE IMMEDIATELY PRECEDING THE

11 DATE WHEN THE MEMBER'S SERVICE AS AN EMPLOYEE LAST TERMINATED. IF

12 THE MEMBER HAS LESS THAN TWO YEARS OF CREDITED SERVICE, THE

13 MEMBER'S FINAL AVERAGE COMPENSATION SHALL BE THE AVERAGE OF THE

14 MEMBER'S ANNUAL COMPENSATION FOR THE MEMBER'S TOTAL YEARS OF

15 CREDITED SERVICE. FINAL AVERAGE COMPENSATION DOES NOT INCLUDE LUMP

16 SUM PAYMENTS TO A MEMBER IN CONNECTION WITH HIS OR HER RETIREMENT.

17 (K) FINAL COMPENSATION MEANS A MEMBER'S ANNUAL RATE OF

18 COMPENSATION AT THE TIME OF TERMINATION OF THE MEMBER'S LAST

19 EMPLOYMENT AS AN EMPLOYEE.

20 (L)_ INTEREST MEANS THE RATE OR RATES OF INTEREST PER YEAR,

21 COMPOUNDED ANNUALLY, AS THE BOARD FROM TIME TO TIME DETERMINES,

22 SUBJECT TO THE APPROVAL OF COUNCIL

Approved as to form:

Brigham Smith, City Attorney


Dated:
5
DRAFT NO. 1
12/20/10

1 (M) IRC MEANS THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS

2 AMENDED.

3 (N) MEMBER MEANS AN EMPLOYEE WHO IS INCLUDED IN THE MEMBERSHIP OF

4 THE RETIREMENT SYSTEM PURSUANT TO SECTION 292.14.

5 (0) MEMBER INTEREST MEANS THE RATE APPLIED TO EACH MEMBER'S

6 ACCUMULATED CONTRIBUTIONS.

7 (P) PENSION MEANS AN ANNUAL AMOUNT, TO BE PAID PURSUANT TO THIS

8 cHAPTER BY THE RETIREMENT SYSTEM TO A RETIREE OR BENEFICIARY,

9 PAYABLE IN EQUAL MONTHLY INSTALLMENTS THROUGHOUT THE FUTURE LIFE

10 OF THE ELIGIBLE PERSON OR FOR A TEMPORARY PERIOD AS PROVIDED IN THIS

11 CHAPTER.

12 (Q) RETIREE MEANS A FORMER MEMBER OF THE SYSTEM WHO MEETS ALL THE

13 APPLICABLE ELIGIBILITY REQUIREMENTS OF THE SYSTEM UNDER THIS

14 CHAPTER AND RECEIVES A THE RETIREMENT SYSTEM PENSION.

15 (R) RETIREMENT ALLOWANCE MEANS THE SUM OF THE ANNUITY AND THE

16 PENSION PAYMENTS.

17 (S) RETIREMENT SYSTEM OR SYSTEM MEANS THE EMPLOYEES' RETIREMENT

18 SYSTEM ESTABLISHED UNDER THIS CHAPTER.

19 (T) SERVICE MEANS PERSONAL SERVICE ACTUALLY RENDERED TO THE CITY

20 OR THE DISTRICT COURT BY AN EMPLOYEE WHILE A MEMBER OF THE

21 RETIREMENT SYSTEM.

Approved as to form:

Brigham Smith, City Attorney


Dated:
6
DRAFT NO.1
12/20/10

1 (U) SIXTY-FIVE POINT FORMULA MEANS WHEN A MEMBER'S AGE AND

2 ' CREDITED YEARS OF SERVICE ADDED TOGETHER ARE THE SUM OF SIXTY-FIVE.

3 (V) WORKERS' COMPENSATION PERIOD MEANS THE PERIOD A MEMBER,

4 RETIREE OR BENEFICIARY RECEIVES WORKERS' COMPENSATION ON ACCOUNT

5 OF A DISABILITY OR DEATH ARISING OUT OF AND IN THE COURSE OF A

6 MEMBER'S EMPLOYMENT. IF THE MEMBER, RETIREE OR BENEFICIARY IS PAID A

7 SINGLE SUM IN LIEU OF FUTURE WORKERS' COMPENSATION, THEN THAT

8 MEMBER'S WORKERS' COMPENSATION PERIOD SHALL BE THE PERIOD, IF ANY,

9 THE MEMBER RECEIVED WEEKLY WORKERS' COMPENSATION PLUS THE PERIOD

10 ARRIVED AT BY DIVIDING SUCH SINGLE SUM BY THE WEEKLY WORKERS'

12 (W) DEFINED CONTRIBUTION PLAN MEANS THE CITY OF LANSING MONEY

13 PURCHASE DEFINED CONTRIBUTION PLAN EFFECTIVE OCTOBER 1, 1990, AS

14 AMENDED.

15 292.03. BOARD OF TRUSTEES; ESTABLISHMENT AND FUNCTIONS.

16 THE RETIREMENT SYSTEM BOARD OF TRUSTEES IS ESTABLISHED, IN WHOM IS

17 VESTED THE GENERAL ADMINISTRATION, MANAGEMENT AND RESPONSIBILITY

18 FOR THE PROPER OPERATION OF THE RETIREMENT SYSTEM, AND THE

19 RESPONSIBILITY TO INTERPRET AND MAKE EFFECTIVE THIS CHAPTER.

20 292.04. MEMBERSHIP; TERMS OF OFFICE.

21 (A) THE BOARD OF TRUSTEES SHALL CONSIST OF NINE TRUSTEES, INCLUDING:

22 (1) THE MAYOR;

Approved as to form:

Brigham Smith, City Attorney


Dated:
7
DRAFT NO. 1
12/20/10

1 (2) A MEMBER OF THE CITY COUNCIL WHO IS APPOINTED BY, AND SERVES AT

2 THE PLEASURE OF, THE CITY COUNCIL;

3 (3) THE CITY TREASURER;

4 (4) THE HUMAN RESOURCES DIRECTOR ;

5 (5) THREE MEMBERS OF THE RETIREMENT SYSTEM WHO ARE ELECTED BY THE

6 MEMBERS OF THE RETIREMENT SYSTEM UNDER RULES AND REGULATIONS THE

7 BOARD MAY ADOPT, EXCEPT THAT NOT MORE THAN ONE SUCH ELECTED

MEMBER SHALL BE FROM ANY ONE CITY DEPARTMENT;

9 (6) A RESIDENT OF MICHIGAN APPOINTED BY THE MAYOR, WITH THE CONSENT

10 OF CITY COUNCIL, WHO IS NOT A MEMBER OF THE RETIREMENT SYSTEM AND IS

11 NOT PRESENTLY ELIGIBLE TO RECEIVE BENEFITS FROM THE RETIREMENT

12 SYSTEM; AND

13 (7) A RESIDENT OF MICHIGAN APPOINTED BY THE MAYOR, WITH THE CONSENT

14 OF CITY COUNCIL, WHO IS A RETIREE OF THE RETIREMENT SYSTEM.

15 (B) THE TERM OF OFFICE FOR EACH ELECTED AND APPOINTED TRUSTEE SHALL

16 BE FOUR YEARS. A TRUSTEE MAY SERVE TWO OR MORE CONSECUTIVE TERMS.

17 292.05. ATTENDANCE AT MEETINGS; RESIGNATION; FILLING VACANCIES.

18 IF AN ELECTED OR APPOINTED TRUSTEE FAILS TO ATTEND THREE CONSECUTIVE

19 MEETINGS OF THE BOARD OF TRUSTEES, UNLESS IN EACH CASE EXCUSED FOR

20 CAUSE BY THE REMAINING TRUSTEES ATTENDING SUCH MEETINGS, OR IF A

21 MEMBER TRUSTEE LEAVES THE EMPLOY OF THE CITY, OR AN APPOINTED

22 TRUSTEE NO LONGER RESIDES IN MICHIGAN , THEN THAT TRUSTEE SHALL BE

Approved as to form:

Brigham Smith, City Attorney


Dated:
8
DRAFT NO. 1
12/20/10

1 CONSIDERED TO HAVE RESIGNED AS A TRUSTEE, AND THE BOARD SHALL, BY

2 RESOLUTION, DECLARE THAT TRUSTEE'S OFFICE VACATED AS OF THE DATE OF

3 ADOPTION OF SUCH RESOLUTION. IF A TRUSTEE OFFICE BECOMES VACANT, THE

4 VACANCY SHALL BE FILLED WITHIN SIXTY DAYS AFTER THE DATE OF THE

5 VACANCY, FOR THE UNEXPIRED PORTION OF THE TERM, IN THE SAME MANNER

6 AS SUCH OFFICE WAS PREVIOUSLY FILLED.

7 292.06. OATH OF OFFICE.

8 EACH TRUSTEE SHALL, WITHIN TEN DAYS AFTER APPOINTMENT OR ELECTION,

9 TAKE AN OATH OF OFFICE TO BE ADMINISTERED BY THE CITY CLERK.

10 292.07. ORGANTZATION; RULES OF PROCEDURE; MEETINGS.

11 THE BOARD OF TRUSTEES SHALL ELECT FROM ITS OWN NUMBER A

12 CHAIRPERSON AND VICE-CHAIRPERSON. IT SHALL ADOPT ITS OWN RULES OF

13 PROCEDURE AND SHALL KEEP A RECORD OF ITS PROCEEDINGS. THE BOARD

14 SHALL HOLD MEETINGS REGULARLY, AT LEAST ONCE IN EACH MONTH, AND

15 SHALL DESIGNATE THE TIME AND PLACE THEREOF. ALL MEETINGS OF THE

16 BOARD SHALL BE PUBLIC.

17 292.08. VOTING; QUORUM; DECISIONS.

18 (A) EACH TRUSTEE SHALL BE ENTITLED TO ONE VOTE ON EACH QUESTION AT

19 ANY MEETING OF THE BOARD.

20 (B) FIVE TRUSTEES SHALL CONSTITUTE A QUORUM AT ANY MEETING OF THE

21 BOARD, EXCEPT WHEN A VACANCY EXISTS IN TWO OR MORE TRUSTEE OFFICES,

22 THEN FOUR TRUSTEES SHALL CONSTITUTE A QUORUM.

Approved as to fonn:

Brigham Smith, City Attorney


Dated:
9
DRAFT NO. 1
12/20/10

1 (C) A MAJORITY OF CONCURRING VOTES SHALL BE NECESSARY FOR A

2 DECISION BY THE TRUSTEES AT ANY MEETING OF THE BOARD.

3 292.09. TRUSTEE COMPENSATION; SECRETARY; LEGAL ADVISOR.

4 (A) THE TRUSTEES SHALL SERVE WITHOUT COMPENSATION FOR THEIR

5 SERVICES AS TRUSTEES.

(B) THE CITY DIRECTOR OF FINANCE SHALL BE SECRETARY OF THE BOARD OF

7 TRUSTEES.

8 (C) THE BOARD MAY RETAIN SERVICE PROVIDERS AS REQUIRED. THE

9 COMPENSATION FOR SUCH SERVICES SHALL BE FIXED BY THE BOARD.

10 (D) THE CITY ATTORNEY SHALL BE LEGAL ADVISOR TO THE BOARD.

11 292.10. RECORDS AND REPORTS.

12 (A) THE BOARD OF TRUSTEES SHALL KEEP, OR CAUSE TO BE KEPT, DATA

13 NECESSARY FOR AN ACTUARIAL VALUATION OF THE ASSETS AND LIABILITIES

14 OF THE RETIREMENT SYSTEM AND FOR CHECKING AND COMPILING THE

15 EXPERIENCE OF THE SYSTEM.

16 (B) ON OR BEFORE JULY 15 OF EACH YEAR, THE BOARD SHALL RENDER AN

17 ACTUARIAL REPORT OF THE RETIREMENT SYSTEM AND A REPORT OF THE

18 INVESTMENT RESULTS OF THE RETIREMENT SYSTEM ASSETS, INCLUDING THE

19 AMOUNTS OF CASH AND SECURITIES HELD BY THE SYSTEM AND THE LAST

20 BALANCE SHEET OF THE SYSTEM, TO THE MAYOR AND COUNCIL FOR THE YEAR

21 THAT ENDED ON THE PRECEDING DECEMBER 31.

22 292.11. MEDICAL DIRECTOR.

Approved as to form:

Brigham Smith, City Attorney


Dated:
10
DRAFT NO. 1
12/20/10

1 THE BOARD OF TRUSTEES SHALL APPOINT AS MEDICAL DIRECTOR A PHYSICIAN

2 WHO IS NOT ELIGIBLE TO PARTICIPATE IN THE RETIREMENT SYSTEM AS A

3 MEMBER, RETIREE OR BENEFICIARY. HE OR SHE SHALL ARRANGE FOR AND PASS

4 UPON ALL MEDICAL EXAMINATIONS REQUIRED UNDER THIS CHAPTER;

5 INVESTIGATE ALL ESSENTIAL MEDICAL STATEMENTS AND CERTIFICATES MADE

BY OR ON BEHALF OF A MEMBER IN CONNECTION WITH SUCH MEMBER'S

7 APPLICATION FOR DISABILITY RETIREMENT, OR IN CONNECTION WITH A CLAIM

8 FOR SERVICE-CONNECTED DEATH BENEFITS, AND REPORT IN WRITING TO THE

9 BOARD HIS OR HER CONCLUSIONS AND RECOMMENDATIONS ON MEDICAL

10 MATTERS REFERRED TO HIM OR HER BY THE BOARD. THE MEDICAL DIRECTOR

11 SHALL BE DIRECTLY RESPONSIBLE TO, AND SHALL HOLD OFFICE AT THE

12 PLEASURE OF, THE BOARD.

13 292.12. ACTUARY.

14 THE BOARD OF TRUSTEES SHALL APPOINT AN ACTUARY, WHO SHALL BE THE

15 TECHNICAL ADVISOR TO THE BOARD ON MATTERS REGARDING THE OPERATION

16 OF THE RETIREMENT SYSTEM, AND WHO SHALL PERFORM SUCH OTHER DUTIES

17 THE BOARD REQUIRES OF HIM OR HER UNDER THIS CHAPTER.

18 292.13. ACTUARIAL INVESTIGATION; ADOPTION OF TABLES OF EXPERIENCE AND

19 RATES OF INTEREST.

20 AT LEAST ONCE IN EACH FIVE-YEAR PERIOD, THE BOARD OF TRUSTEES SHALL

21 CAUSE AN ACTUARIAL INVESTIGATION TO BE MADE INTO THE MORTALITY,

22 SERVICE AND OTHER EXPERIENCES OF MEMBERS, RETIREES AND

Approved as to form:

Brigham Smith, City Attorney


Dated:
11
DRAFT NO. 1
12/20/10

1 BENEFICIARIES. ON THE BASIS OF THIS ACTUARIAL INVESTIGATION, THE BOARD

2 SHALL ADOPT FOR THE RETIREMENT SYSTEM THE MORTALITY, SERVICE AND

3 OTHER EXPERIENCE TABLES AS ARE NECESSARY IN THE OPERATION OF THE

4 RETIREMENT SYSTEM ON AN APPROPRIATE ACTUARIAL BASIS AND SHALL

5 ADOPT FOR THE SYSTEM A RATE OR RATES OF INTEREST.

6 292.14. MEMBERSHIP IN SYSTEM.

7 (A) THE RETIREMENT SYSTEM MEMBERSHIP SHALL INCLUDE ALL EMPLOYEES,

8 AS DEFINED IN SECTION 292.02(I), AND ALL PERSONS WHO BECOME EMPLOYEES,

9 EXCEPT AS PROVIDED IN SUBSECTION (B) HEREOF.

10 (B) THE MEMBERSHIP OF THE RETIREMENT SYSTEM SHALL NOT INCLUDE:

11 (1) EMPLOYEES WHO ARE EMPLOYED BY THE BOARD OF WATER AND LIGHT.

12 (2) EMPLOYEES WHO ARE MEMBERS OF THE POLICE AND FIRE RETIREMENT

13 SYSTEM, SET FORTH IN CHAPTER 294.

14 (3) EMPLOYEES WHO ARE RECEIVING OR ENTITLED TO RECEIVE A RETIREMENT

15 ALLOWANCE,.A DEFERRED RETIREMENT ALLOWANCE OR A DISABILITY

16 RETIREMENT ALLOWANCE FROM THE POLICE AND FIRE RETIREMENT SYSTEM.

17 (4) EMPLOYEES WHO ARE EMPLOYED IN POSITIONS NORMALLY REQUIRING

18 LESS THAN 2,000 HOURS OF WORK PER YEAR PROVIDED, HOWEVER, THAT IN

19 CALCULATING, HOURS OF WORK, FURLOUGH DAYS AND HOURS IMPOSED BY

20 THE CITY FOR BUDGETARY PURPOSES SHALL BE INCLUDED IN ESTABLISHING

21 THE TOTAL OF HOURS WORKED.

Approved as to fonn:

Brigham Smith, City Attorney


Dated:
12
DRAFT NO. 1
12/20/10

1 (5) EMPLOYEES WHO ARE ON A LEAVE OF ABSENCE FOR ANY MONTH IN WHICH

2 THE EMPLOYEE IS NOT ENTITLED TO A SERVICE CREDIT AS PROVIDED IN

3 SECTION 292.19.

4 (6)' ANY RETIREE, EXCEPT AS PROVIDED IN SECTION 292.15 AND ANY DEFINED

5 RETIREMENT PERSON.

6 (C) THIS SUBSECTION (C) IS PROVIDED FOR HISTORICAL REFERENCE TO THE

7 RETIREMENT PLAN IN EFFECT PRIOR TO SUBSECTION (D), (E) AND (F) AND THE

8 RESTATEMENT OF CODIFICATION. THE CITY ESTABLISHED THE DEFINED

9 CONTRIBUTION PLAN EFFECTIVE OCTOBER 1, 1990. EMPLOYEES IN THE

10 FOLLOWING CLASSIFICATIONS HIRED AFTER CERTAIN EFFECTIVE DATES WERE

11 ALL PART OF THE DEFINED CONTRIBUTION PLAN AND NOT MEMBERS OF THE

12 EMPLOYEE RETIREMENT SYSTEM.

13 (1) EFFECTIVE OCTOBER 1, 1990 FOR ELECTED CITY OFFICIALS, EXEMPT

14 A/K/A NON-BARGAINING GROUP, MAYORAL STAFF, COUNCIL STAFF.

15 (2) EFFECTIVE OCTOBER 29, 1990 TEAMSTERS 580, TEAMSTERS 214,

16 DISTRICT COURT TEAMSTERS, DISTRICT COURT EXEMPTS.

17 (3) EFFECTIVE JULY 1, 1992 FOR FOP 911 OPERATORS' DIVISION.

18 EMPLOYEES IN THE AFORESTATED CLASSIFICATIONS WHO WERE MEMBERS OF

19 THE EMPLOYEES' RETIREMENT SYSTEM BY VIRTUE OF BEING HIRED BEFORE

20 THE EFFECTIVE DATES SHOWN WERE GIVEN A ONE-TIME VOLUNTARY

21 IRREVOCABLE ELECTION OPPORTUNITY TO TERMINATE MEMBERSHIP IN THE

22 EMPLOYEES' RETIREMENT SYSTEM TO BECOME A PART OF THE DEFINED

Approved as to form:

Brigham Smith, City Attorney


Dated:
13
DRAFT NO. 1
12/20/10

1 CONTRIBUTION PLAN. THOSE EMPLOYEES WHO ELECTED TO BECOME PART OF

2 THE DEFINED CONTRIBUTION PLAN, WAIVED ALL RIGHTS UNDER THE

3 EMPLOYEES ' RETIREMENT SYSTEM TO A PENSION, ANNUITY, RETIREMENT

4 ALLOWANCE OR RETURN OF ACCUMULATED CONTRIBUTIONS ON THE

5 EFFECTIVE DATE OF TERMINATION OF MEMBERSHIP.

6 NOTWITHSTANDING THAT THE AFORESTATED ELECTION WAS INTENDED TO BE

7 IRREVOCABLE WHEN ENACTED, THE CITY PERMITTED EMPLOYEES IN THE

8 FOLLOWING CLASSIFICATIONS, WHO WERE FORMER mEMBERS AND HAD

9 ELECTED TO TRANSFER TO THE DEFINED CONTRIBUTION PLAN, A ONE-TIME

10 VOLUNTARY IRREVOCABLE OPTION TO ELECT TO LEAVE THE DEFINED

11 CONTRIBUTION PLAN AND AGAIN BECOME A MEMBER OF THE EMPLOYEES'

12 RETIREMENT SYSTEM. THIS ELECTION REQUIRED THE EMPLOYEE TO FILE THE

13 REQUISITE FORM WITH THE BOARD BY AN ELECTION DATE TO BE EFFECTIVE.

14 AN EMPLOYEE WHO ELECTED TO RETURN TO THE EMPLOYEES' RETIREMENT

15 SYSTEM UNDER THIS OPTION IS REFERRED TO IN THIS cHAPTER AS A "WINDOW

16 PERSON" OR COLLECTIVELY AS "WINDOW EMPLOYEES."

17 (1) ELECTION DATE SEPTEMBER 1, 2000 FOR EXEMPT, A/KIA A NON-

18 BARGAINING GROUP, EXECUTIVE MANAGEMENT PLAN, TEAMSTER 580,

19 TEAMSTER 214.

20 (2) ELECTION DATE SEPTEMBER 22, 2000 FOR DISTRICT COURT

21 TEAMSTERS, DISTRICT COURT EXEMPT.

22 (3) ELECTION DATE APRIL 20, 2001 FOR FOP 911 OPERATORS' DIVISION.

Approved as to form:

Brigham Smith, City Attorney


Dated:
14
DRAFT NO. 1
12/20/10

1 THE RIGHTS AND BENEFITS OF EMPLOYEES REFERENCED IN THIS SUBSECTION

2 (C) ARE ESTABLISHED AND SHALL BE DETERMINED IN ACCORDANCE WITH THE

3 PROVISIONS OF THE ORDINANCE PLAN IN EFFECT WHEN THE RESPECTIVE

4 ELECTION WAS EXERCISED OR COULD HAVE BEEN EXERCISED, OR AS

5 OTHERWISE MADE APPLICABLE TO WINDOW EMPLOYEES, INCLUDING THE

6 PURCHASE OF SERVICE CREDITS UNDER FORMER SECTION 292.14(C) AND

7 FORMER SECTIONS 292.155(B) AND 292.115(C). THE PURCHASE OF SERVICE

8 CREDITS BY WINDOW EMPLOYEES HAS BEEN DOCUMENTED AND KEPT BY THE

9 CITY IN APPROPRIATE RECORDS IN THE DEPARTMENT OF FINANCE.

10 (D) EFFECTIVE OCTOBER 1, 2003, ANY EMPLOYEE IN ANY OF THE FOLLOWING

11 CLASSIFICATIONS WHO WAS AN ACTIVE mEMBER OF THE CITY'S DEFINED

12 CONTRIBUTION PLAN ON SEPTEMBER 30, 2003, SHALL BE DEEMED A MEMBER OF

13 THE RETIREMENT SYSTEM AS OF OCTOBER 1, 2003; AND ANY EMPLOYEE HIRED

14 INTO ANY OF THESE CLASSIFICATIONS AFTER SEPTEMBER 30, 2003, SHALL BE A

15 MEMBER IF THE RETIREMENT SYSTEM AS OF THAT EMPLOYEE'S HIRE DATE:

16 (1) EXEMPT.

17 (2) EXECUTIVE MANAGEMENT PLAN.

18 (3) TEAMSTER 580.

19 (4) TEAMSTER 214.

20 (5) MAYORAL STAFF.

21 (6) COUNCIL STAFF.

Approved as to form:

Brigham Smith, City Attorney


Dated:
15
DRAFT NO. 1
12/20/10

1 THE SERVICE CREDIT VESTING AND MULTIPLIER CALCULATIONS FOR THESE

2 MEMBERS ARE SET FORTH IN SECTIONS 292.22 AND 292.23.

3 (E) EFFECTIVE DECEMBER 1, 2003, ANY EMPLOYEE IN ANY OF THE FOLLOWING

4 CLASSIFICATIONS WHO WAS AN ACTIVE mEMBER OF THE CITY'S DEFINED

5 CONTRIBUTION PLAN ON NOVEMBER 30, 2003, SHALL BE DEEMED A MEMBER OF

6 THE RETIREMENT SYSTEM AS OF DECEMBER 1, 2003; AND ANY EMPLOYEE HIRED

7 INTO ANY OF THESE CLASSIFICATIONS AFTER NOVEMBER 30, 2003, SHALL BE A

8 MEMBER OF THE RETIREMENT SYSTEM AS OF THAT EMPLOYEE'S HIRE DATE:

9 (1) DISTRICT COURT EXEMPT.

10 (2) DISTRICT COURT TEAMSTER.

11 THE SERVICE CREDIT VESTING AND MULTIPLIER CALCULATIONS FOR THESE

12 MEMBERS SHALL BE AS SET FORTH IN SECTIONS 292.22 AND 292.23.

13 (F) EFFECTIVE MAY 1, 2004, AND COMMENCING ON SAID DATE, ANY EMPLOYEE

14 IN CLASSIFICATION OF FOP 911 OPERATORS' DIVISION WHO WAS AN ACTIVE

15 MEMBER OF THE DEFINED CONTRIBUTION PLAN ON APRIL 30, 2004, SHALL BE

16 DEEMED A MEMBER AS OF MAY 1, 2004. ANY EMPLOYEE HIRED INTO THIS

17 CLASSIFICATION AFTER APRIL 30, 2004, SHALL BE A MEMBER AS OF THAT

18 EMPLOYEE'S HIRE DATE. THE SERVICE CREDIT VESTING AND MULTIPLIER

19 CALCULATIONS FOR THESE MEMBERS SHALL BE AS SET FORTH IN SECTIONS

20 292.22 AND 292.23.

21 (G) THE BOARD SHALL ANSWER ALL QUESTIONS ABOUT THE RETIREMENT

22 SYSTEM MEMBERSHIP STATUS OF ANY EMPLOYEE.

Approved as to form:

Brigham Smith, City Attorney


Dated:
16
DRAFT NO. 1
12/20/10

1 292.15. RE-EMPLOYMENT OF A RETIREE.

2 IF A RETIREE, WHO RETIRED UNDER SECTION 292.22, RETURNS TO THE EMPLOY

3 OF THE CITY AS AN EMPLOYEE, THE FOLLOWING CONDITIONS SHALL APPLY:

4 (A) HE OR SHE SHALL AGAIN BECOME A MEMBER OF THE RETIREMENT SYSTEM,

5 NOTWITHSTANDING HIS OR HER RETIREE STATUS.

6 (B) DURING THE PERIOD OF HIS OR HER RE-EMPLOYMENT BY THE CITY,

7 PAYMENT OF HIS OR HER RETIREMENT ALLOWANCE SHALL BE SUSPENDED.

8 UPON HIS OR HER SUBSEQUENT SEPARATION FROM CITY EMPLOYMENT,

9 PAYMENT OF HIS OR HER RETIREMENT ALLOWANCE SHALL BE RESUMED

10 WITHOUT CHANGE.

11 (C) UPON HIS OR HER SUBSEQUENT SEPARATION FROM CITY EMPLOYMENT, HE

12 OR SHE SHALL BE ENTITLED TO ANOTHER RETIREMENT ALLOWANCE

13 COMPUTED ACCORDING TO SECTION 292.23, REGARDLESS OF THE NUMBER OF

14 YEARS OF CREDITED SERVICE ACQUIRED DURING SUCH RE-EMPLOYMENT. HIS

15 OR HER RETIREMENT SHALL BE COMPUTED ON THE BASIS OF THE NUMBER OF

16 YEARS AND MONTHS OF CREDITED SERVICE ACQUIRED BY HIM OR HER DURING

17 THE PERIOD. OF HIS OR HER RE-EMPLOYMENT AND HIS OR HER FINAL AVERAGE

18 COMPENSATION DETERMINED FOR THE PERIOD OF SUCH RE-EMPLOYMENT.

19 UPON HIS OR HER SUBSEQUENT RETIREMENT, HE OR SHE SHALL HAVE THE

20 RIGHT TO ELECT AN OPTION, PROVIDED IN SECTION 292.31, WITH RESPECT TO

21 SUCH SUBSEQUENT RETIREMENT ALLOWANCE.

Approved as to form:

Brigham Smith, City Attorney


Dated:
17
DRAFT NO. 1
12/20/10

1 (D) INSTEAD OF RECEIVING A RETIREMENT ALLOWANCE PROVIDED IN THIS

2 SECTION, HE OR SHE SHALL HAVE THE RIGHT TO THE RETURN OF HIS OR HER

3 ACCUMULATED CONTRIBUTIONS ACQUIRED DURING THE PERIOD OF SUCH RE-

4 EMPLOYMENT BY THE CITY.

5 (E) DURING THE PERIOD OF HIS OR HER RE-EMPLOYMENT BY THE CITY,

6 SECTIONS 292.25, 292.26, 292.27, 292.33, 292.34 AND 292.35 SHALL NOT APPLY TO

7 HIM OR HER.

8 292.16. RESTORATION OF CREDITED SERVICE IN CERTAIN CASES.

9 SHOULD ANY MEMBER OF THE RETIREMENT SYSTEM NO LONGER BE EMPLOYED

10 BY THE CITY, FOR ANY REASON OTHER THAN RETIREMENT OR DEATH, HE OR

11 SHE SHALL THEREUPON CEASE TO BE A MEMBER AND HIS OR HER CREDITED

12 SERVICE AT THAT TIME SHALL BE FORFEITED BY HIM OR HER, UNLESS

13 OTHERWISE PROVIDED IN THIS CHAPTER. IF HE OR SHE IS RE-EMPLOYED BY THE

14 CITY, HE OR SHE SHALL AGAIN BECOME A MEMBER, IF HIS OR HER RE-

15 EMPLOYMENT OCCURS WITHIN A PERIOD OF FOUR YEARS FROM AND AFTER

16 THE DATE OF HIS OR HER LAST SEPARATION FROM CITY EMPLOYMENT, OR IN

17 OTHER CASES OF SPECIAL CIRCUMSTANCE UPON APPROVAL OF COUNCIL,

18 AFTER REVTFW AND RECOMMENDATION BY THE BOARD OF TRUSTEES, HIS OR

19 HER CREDITED SERVICE LAST FORFEITED BY HIM OR HER SHALL BE RESTORED

20 TO HIS OR HER CREDIT, SUBJECT TO SECTION 292.38(E). IF A MEMBER BECOMES A

21 RETIREE, HE OR SHE SHALL CEASE TO BE A MEMBER AND SHALL NOT AGAIN

Approved as to form:

Brigham Smith, City Attorney


Dated:
18
DRAFT NO. 1
12/20/10

1 BECOME A MEMBER, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER. IF A

2 MEMBER DIES, HE OR SHE SHALL CEASE TO BE A MEMBER.

3 292.17. PURCHASE OF SERVICE CREDIT.

4 A MEMBER MAY ELECT TO PURCHASE UP TO FIVE YEARS OF SERVICE CREDITS

5 FOR RETIREMENT PENSION BENEFITS PURSUANT TO IRC SECTION 415(N)(3)(B),

6 PROVIDED THE MEMBER MEETS ALL OF THE FOLLOWING ADDITIONAL

7 CRITERIA:

8 (1) IS A MEMBER AT THE TIME OF THE ELECTION AND PURCHASE; AND

9 (2) HAS EARNED AT LEAST EIGHT YEARS OF SERVICE CREDITS FOR ACTUAL

10 CITY SERVICE WHILE A MEMBER; AND

11 (3) SIGNS AND DELIVERS TO THE CITY A REQUEST FOR ACTUARIAL

12 CALCULATIONS OF THE MEMBERS COST TO PURCHASE SERVICE CREDITS

13 UNDER THIS SECTION AND PAYS THE FEE FOR THE ACTUARIAL SERVICES AND

14 COST OF WORKSHEET PREPARATION; AND

15 (4) SIGNS AND DELIVERS TO THE CITY, WITHIN 60 DAYS OF HIS OR HER RECEIPT

16 OF THE ACTUARIAL COST WORKSHEET, THE REQUISITE WRITTEN AGREEMENT

17 TO PURCHASE SERVICE CREDIT AND ELECTS IN THE AGREEMENT TO PURCHASE

18 A SPECIFIC NUMBER OF MONTHS AND/OR YEARS OF SERVICE CREDITS; AND

19 (5) EXCEPT FOR CITY OF LANSING IRC 457 DEFERRED COMPENSATION PLAN IN-

20 SERVICE PLAN-TO-PLAN TRANSFERS OR POST-SEPARATION DIRECT ROLLOVERS,

21 TENDERS WITH THE SIGNED WRITTEN AGREEMENT THE FUNDS TO THE CITY TO

22 PURCHASE SERVICE CREDITS; AND

Approved as to form:

Brigham Smith, City Attorney


Dated:
19
DRAFT NO. 1
12/20/10

1 (6) BY PURCHASING SUCH SERVICE CREDITS, WILL NOT EXCEED THE

2 LIMITATIONS PRESCRIBED BY IRC SECTION 415.

3 IF A MEMBER DOES NOT PURCHASE AT ONE TIME THE FULL FIVE YEARS OF

4 SERVICE CREDITS, HE OR SHE MAY PURCHASE ADDITIONAL SERVICE CREDITS

5 OF UP TO A MAXIMUM THAT DOES NOT EXCEED THE AGGREGATE OF FIVE

6 YEARS, PROVIDED THAT AT THE TIME OF AND FOR EACH PURCHASE, THE

7 MEMBER MEETS ALL THE CRITERIA IN THIS SECTION. SERVICE CREDITS

PURCHASED PURSUANT TO THIS SECTION SHALL BE AT 100 PERCENT OF THE

9 EMPLOYEES' RETIREMENT SYSTEM COST TO FUND THE MEMBER'S PENSION

10 BENEFIT ACTUARIALLY DETERMINED BY THE EMPLOYEES' RETIREMENT

11 SYSTEM'S ACTUARY FOR THE TIME OF PURCHASE.

12 SERVICE CREDITS PURCHASED PURSUANT TO THIS SECTION SHALL NOT BE

13 USED OR INCLUDED IN MEETING ANY OF THE REQUIREMENTS FOR ELIGIBILITY

14 FOR RETIREMENT HEALTH CARE, WHETHER CONTAINED IN CHAPTER 293,

15 COLLECTIVE BARGAINING AGREEMENTS OR APPLICABLE FRINGE BENEFIT

16 PLANS, INCLUDING THE MINIMUM YEARS OF ACTUAL SERVICE OR THE

17 MINIMUM AGE AT WHICH THE BENEFIT BEGINS.

18 NOTWITHSTANDING OTHER SOURCES OF FUNDS USED TO PURCHASE SERVICE

19 CREDITS UNDER THIS SECTION, AND SOLELY IF THE MEMBER RETIRES WITHIN 60

20 DAYS OF HIS OR HER RECEIPT OF THE ACTUARIAL COST WORKSHEET AND

21 OTHERWISE COMPLIES WITH THIS SECTION, THE SERVICE CREDITS MAY BE

22 PURCHASED AFTER RETIREMENT FOR A PERIOD NOT TO EXCEED 30 DAYS

Approved as to form:

Brigham Smith, City Attorney


Dated:
20
DRAFT NO. 1
12/20/10

1 FOLLOWING THE RETIREMENT DATE, BY A DIRECT ROLLOVER OF ELIGIBLE

2 ROLLOVER DISTRIBUTIONS, AS DESCRIBED IN IRC SECTION 401(A)(31),

3 OTHERWISE PAYABLE TO THE ELIGIBLE EMPLOYEE FROM THE CITY OF LANSING

4 IRC 457 DEFERRED COMPENSATION PLAN.

5 292.18. FURNISHING INFORMATION TO BOARD.

6 UNDER SUCH RULES AND REGULATIONS AS THE BOARD OF TRUSTEES FROM

7 TIME TO TIME ADOPTS, EACH MEMBER SHALL FURNISH SUCH INFORMATION AS

8 THE BOARD MAY REQUIRE FOR THE PROPER OPERATION OF THE RETIREMENT

9 SYSTEM.

10 292.19. RULES GOVERNING SERVICE CREDIT.

11 (A) THE BOARD OF TRUSTEES SHALL FIX AND DETERMINE, BY APPROPRIATE

12 RULES AND REGULATIONS CONSISTENT WITH THIS CHAPTER, THE AMOUNT OF

13 SERVICE TO BE CREDITED A MEMBER IN ANY CALENDAR YEAR. IN NO CASE

14 SHALL LESS THAN (1) TEN DAYS OF ACTUAL SERVICE RENDERED BY THE

15 MEMBER IN ANY CALENDAR MONTH BE CREDITED AS A MONTH OF SERVICE

16 AND (2) EIGHT MONTHS OF SERVICE RENDERED BY THE MEMBER IN ANY

17 CALENDAR YEAR BE CREDITED AS A YEAR OF SERVICE; NOR(3) TWELVE

18 MONTHS OF SERVICE BE CREDITED ANY MEMBER FOR ALL SERVICE RENDERED

19 BY THE MEMBER IN ANY CALENDAR YEAR.

20 (B) CREDITED SERVICE SHALL BE FORFEITED IF A MEMBER'S ACCUMULATED

21 CONTRIBUTIONS ARE WITHDRAWN FROM THE EMPLOYEES' SAVINGS FUND AND

Approved as to form:

Brigham Smith, City Attorney


Dated:
21
DRAFT NO. 1
12/20/10

1 PAID TO A MEMBER OR A BENEFICIARY, INCLUDING AN ESTATE, EXCEPT AS

2 PROVIDED IN SECTION 292.33.

3 (C) A MEMBER MAY HAVE FORFEITED CREDIT SERVICE RESTORED TO THE

4 MEMBER'S ACCOUNT UPON SATISFACTION OF EACH OF THE FOLLOWING

5 CONDITIONS:

6 (1) MEMBERSHIP RECOMMENCES WITHIN FOUR YEARS FROM AND AFTER THE

7 LAST DATE OF TERMINATION OF MEMBERSHIP.

8 (2) THE RETIREMENT SYSTEM IS PAID THE TOTAL AMOUNT OF ACCUMULATED

9 CONTRIBUTIONS PREVIOUSLY WITHDRAWN, PLUS REGULAR INTEREST FROM,

10 OR WITHDRAWAL TO, THE DATE OF REPAYMENT. REPAYMENT SHALL BE MADE

11 IN ACCORDANCE WITH SECTION 292.38(E).

12 292.20. QUALIFIED MILITARY SERVICE CREDIT.

13 A MEMBER WHO, WHILE AN EMPLOYEE, PERFORMS SERVICE IN THE UNIFORMED

14 SERVICES (AS DEFINED IN 38 UNITED STATES CODE § 4303, AS AMENDED) OF THE

15 UNITED STATES OF AMERICA SHALL HAVE SUCH SERVICE IN THE UNIFORMED

16 SERVICES CREDITED IN THE SAME MANNER, SUBJECT TO 38 UNITED STATES

17 CODE § 4304, AS AMENDED, AS IF THE MEMBER HAD BEEN AN EMPLOYEE

18 WITHOUT INTERRUPTION, PROVIDED THAT:

19 (A) THE MEMBER RETURNS AS AN EMPLOYEE WITHIN ONE YEAR AFTER THE

20 DATE OF TERMINATION OF THE UNIFORMED SERVICE OF THE MEMBER, OR IF

21 THE MEMBER INCURS OR AGGRAVATES AN INJURY OR ILLNESS DURING THE

Approved as to form:

Brigham Smith, City Attorney


Dated:
22
DRAFT NO.1
12/20/10

1 PERFORMANCE OF SERVICE IN THE UNIFORMED SERVICES, THE MEMBER

2 COMPLIES WITH THE PROVISIONS OF 38 UNITED STATES CODE § 4312.

3 (B) THE MEMBER RETURNS TO THE EMPLOYEES' SAVINGS FUND ALL AMOUNTS

4 THE MEMBER WITHDREW THEREFROM WHEN THE MEMBER ENTERED OR WHILE

5 IN SUCH UNIFORMED SERVICE, TOGETHER WITH INTEREST THEREON FROM THE

6 DATE OF WITHDRAWAL TO THE DATE OF REPAYMENT.

(C) IN NO CASE SHALL ANY MEMBER BE CREDITED WITH MORE THAN FIVE

YEARS OF CITY SERVICE FOR ALL SUCH UNIFORMED SERVICE RENDERED BY

9 THE MEMBER.

10 (D) THE MEMBER MAKES ALL CONTRIBUTIONS TO THE EMPLOYEE SAVINGS

11 FUND WHICH THE MEMBER WOULD HAVE MADE, PURSUANT TO SECTION 292.38,

12 HAD THE MEMBER REMAINED CONTINUOUSLY EMPLOYED BY THE CITY

13 THROUGHOUT THE MEMBER'S PERIOD OF UNIFORMED SERVICE. ANY PAYMENT

14 TO THE EMPLOYEE SAVINGS FUND SHALL BE MADE DURING THE PERIOD

15 BEGINNING WITH THE DATE OF THE MEMBER'S REEMPLOYMENT AND ENDING

16 ON THE DATE WHICH IS THE SHORTER OF: (I) THREE TIMES THE PERIOD OF THE

17 MEMBER'S SERVICE IN THE UNIFORMED SERVICES, OR (II) FIVE YEARS FROM

18 THE DATE OF REEMPLOYMENT.

19 DURING A MEMBER'S UNIFORMED SERVICE AND UNTIL THE MEMBER'S RETURN

20 AS AN EMPLOYEE, THE MEMBER'S CONTRIBUTIONS INTO THE EMPLOYEES'

21 SAVINGS FUND SHALL BE SUSPENDED AND THE MEMBER'S BALANCE THEREIN

22 SHALL BE ACCUMULATED WITH INTEREST.

Approved as to form:

Brigham Smith, City Attorney


Dated:
23
DRAFT NO. 1
12/20/10

1 IN THIS CHAPTER, THE TERM "SERVICE IN THE UNIFORMED SERVICES OF THE

2 UNITES STATES OF AMERICA" DEFINED IN 38 UNITED STATES CODE § 4303, AS

3 LIMITED BY 38 UNITED STATES CODE § 4304, SHALL HAVE THE SAME MEANING

4 AS THE TERM "QUALIFIED MILITARY SERVICE" AS DEFINED IN IRC SECTION

5 414(U).

6 292.21. CREDIT TO MEMBER'S SERVICE ACCOUNT.

7 SUBJECT TO THIS CHAPTER AND TO SUCH RULES AND REGULATIONS AS THE

8 BOARD OF TRUSTEES MAY FROM TIME TO TIME ADOPT TO ADMINISTER THIS

9 CHAPTER, THE BOARD SHALL CREDIT EACH MEMBER'S SERVICE ACCOUNT WITH

10 THE NUMBER OF YEARS AND MONTHS OF SERVICE TO WHICH THE MEMBER IS

11 ENTITLED.

12 292.22. RETIREMENT AGE AND SERVICE REQUIREMENTS.

13 (A) EXCEPT AS PROVIDED IN SUBSECTION (B), (C) OR (D) OF THIS SECTION, ANY

14 MEMBER WHO HAS EITHER ATTAINED (1) THE AGE OF 58 YEARS AND HAS EIGHT

15 OR MORE YEARS OF CREDITED SERVICE, OR (2) THE AGE OF 55 YEARS AND HAS

16 25 OR MORE YEARS OF CREDITED SERVICE, MAY RETIRE UPON HIS OR HER

17 WRITTEN APPLICATION TO THE BOARD OF TRUSTEES SETTING FORTH AT WHAT

18 TIME, NOT LESS THAN 30 DAYS OR MORE THAN 90 DAYS, SUBSEQUENT TO THE

19 EXECUTION AND FILING THEREOF, SUCH MEMBER DESIRES TO RETIRE. UPON

20 RETIREMENT, THE MEMBER SHALL RECEIVE A RETIREMENT ALLOWANCE AS

21 PROVIDED IN SECTION 292.23.

Approved as to form:

Brigham Smith, City Attorney


Dated:
24
DRAFT NO. 1
12/20/10

1 (1) FOR VESTING PURPOSES OF THIS SECTION ONLY, AND NOT FOR

2 PURPOSES OF SERVICE RETIREMENT ALLOWANCE MULTIPLIER

3 CALCULATIONS UNDER SECTION 292.23, A MEMBER, WHO BECOMES A

4 MEMBER PURSUANT TO PRIOR SECTION 292.14(D), SECTION 292.14(E) OR

5 SECTION 292.14(F), SHALL RECEIVE CREDITED SERVICE EQUAL TO THE

6 NUMBER OF YEARS AND FULL MONTHS THAT THE MEMBER ACCRUED

7 WHILE ENROLLED IN THE CITY'S DEFINED CONTRIBUTION PLAN.

8 (2) A MEMBER WHO BECAME A MEMBER PURSUANT TO SECTION.

9 292.14(D), SECTION 292.14(E), OR SECTION 292.14(F), WAS PROVIDED THE

10 OPPORTUNITY TO PURCHASE SERVICE CREDITS FOR INCLUSION IN

11 SECTION 292.23 MULTIPLIER CALCULATIONS UPON THE LUMP SUM

12 PAYMENT TO THE RETIREMENT SYSTEM IN AN AMOUNT DETERMINED BY

13 THE RETIREMENT SYSTEM ACTUARY FOR THE PARTICULAR MEMBER.

14 FOR A SECTION 292.14(D) MEMBER, SUCH PAYMENT MUST HAVE. BEEN

15 MADE NO LATER THAN DECEMBER 31, 2003, OR THE 90 TH DAY AFTER THE

16 DATE OF MAILING OF THE LETTER TO THE MEMBER CONTAINING THE

17 ACTUARIAL DETERMINATION, WHICHEVER LAST OCCURRED. FOR A

18 SECTION 292.14(E) MEMBER, SUCH PAYMENT MUST HAVE BEEN MADE NO

19 LATER THAN FEBRUARY 1, 2004, OR THE 90 TH DAY AFTER THE DATE OF

20 MAILING OF THE LETTER TO THE MEMBER CONTAINING THE ACTUARIAL

21 DETERMINATION, WHICHEVER LAST OCCURRED. FOR SECTION 292.14(F)

22 MEMBERS, SUCH PAYMENT MUST HAVE BEEN MADE NO LATER THAN

Approved as to form:

Brigham Smith, City Attorney


Dated:
25
DRAFT NO. 1
12/20/10

1 JULY 13, 2004, OR THE 90TH DAY AFTER THE DATE OF MAILING OF THE

2 LETTER TO THE MEMBER CONTAINING THE ACTUARIAL DETERMINATION,

3 WHICHEVER LAST OCCURRED. A MEMBER COULD NOT PURCHASE

4 SERVICE CREDITS FOR SECTION 292.23 PURPOSES IN EXCESS OF THE

5 CREDITED SERVICE THE MEMBER WAS ENTITLED TO UNDER SUBSECTION

6 (A)(1) OF THIS SECTION BASED UPON LONGEVITY IN THE DEFINED

7 CONTRIBUTION PLAN. THE RIGHTS AND BENEFITS OF MEMBERS

8 PURSUANT TO THIS SUBSECTION 292.22(A)(2) ARE ESTABLISHED AND HAVE

9 BEEN DETERMINED IN ACCORDANCE WITH THE MEMBER'S PURCHASE OF

10 SERVICE CREDITS FOR MULTIPLIER CALCULATIONS AT THE APPROPRIATE

11 TIME. THE PURCHASE OF SERVICE CREDITS BY ALL MEMBERS UNDER

12 THIS SUBSECTION HAS BEEN DOCUMENTED AND KEPT BY THE CITY IN

13 APPROPRIATE RECORDS IN THE DEPARTMENT OF FINANCE.

14 (B) A MEMBER WHO IS ASSOCIATED WITH UNITED AUTO WORKERS LOCAL 2256

15 AND WHO EITHER HAS ATTAINED THE AGE OF 58 YEARS AND HAS EIGHT OR

16 MORE YEARS OF CREDITED SERVICE, OR WHO HAS ATTAINED THE AGE OF 50

17 YEARS AND HAS 25 OR MORE YEARS OF CREDITED SERVICE, MAY RETIRE UPON

18 HIS OR HER WRITTEN APPLICATION TO THE BOARD SETTING FORTH AT WHAT

19 TIME, NEITHER LESS THAN 30 DAYS NOR MORE THAN 90 DAYS, SUBSEQUENT TO

20 THE EXECUTION AND FILING THEREOF, SUCH MEMBER DESIRES TO BE RETIRED.

21 UPON RETIREMENT, THE MEMBER SHALL RECEIVE A RETIREMENT ALLOWANCE

22 AS PROVIDED IN SECTION 292.23.

Approved as to form:

Brigham Smith, City Attorney


Dated:
26
DRAFT NO. 1
12/20/10

1 (C) A MEMBER WHO DOES NOT ELECT TO TERMINATE MEMBERSHIP AS

2 PROVIDED IN 292.14(B)(6) OR HAS ELECTED TO RETURN TO THE EMPLOYEES'

3 RETIREMENT SYSTEM AS A MEMBER PURSUANT TO PRIOR SECTION 292.14(C)(1)

4 THROUGH (C)(3), WHO HAS EIGHT OR MORE YEARS OF CREDITED SERVICE, AND

5 WHOSE YEARS AND FULL MONTHS OF ATTAINED AGE, WHEN ADDED TO THE

6 YEARS AND FULL MONTHS OF CREDITED SERVICE, EQUAL OR EXCEED 65 YEARS,

7 MAY RETIRE UPON HIS OR HER WRITTEN APPLICATION TO THE BOARD. SUCH

8 APPLICATION SHALL SET FORTH AT WHAT TIME, NEITHER LESS THAN 30 NOR

9 MORE THAN 90 DAYS SUBSEQUENT TO THE EXECUTION AND FILING THEREOF,

10 THE MEMBER DESIRES TO BE RETIRED. UPON THE MEMBER'S RETIREMENT, THE

11 MEMBER SHALL RECEIVE A RETIREMENT ALLOWANCE AS PROVIDED IN

12 SECTION 292.23. THE FOREGOING NOTWITHSTANDING, THIS PROVISION SHALL

13 NOT BE OPERATIVE FOR ANY FOP 911 OPERATORS' DIVISION EMPLOYEES,

14 EXCEPT AS FOLLOWS:

15 (1) THEREAFTER, ANY FOP 911 OPERATORS' DIVISION EMPLOYEE, SATISFYING

16 SAID FORMULA ON OR AFTER AUGUST 20, 1994, SHALL BE ELIGIBLE TO RETIRE IN

17 ACCORDANCE WITH SAID FORMULA.

18 (D) FURTHER, VESTED EMPLOYEES FROM THE FOLLOWING EMPLOYEE GROUPS

19 ARE ELIGIBLE FOR RETIREMENT IN ACCORDANCE WITH SAID "SIXTY-FIVE

20 POINT" FORMULA, RETROACTIVE TO THEIR RETIREMENT DATES:

21 (1) TEAMSTER SUPERVISORY AND NON-SUPERVISORY, EXEMPT AND

22 APPOINTED EMPLOYEES AND EXECUTIVE MANAGEMENT PLAN EMPLOYEES

Approved as to form:

Brigham Smith, City Attorney


Dated:
27
DRAFT NO. 1
12/20/10

1 RETIRING IN ACCORDANCE WITH THE "SIXTY-FIVE POINT" FORMULA PURSUANT

2 TO THE TERMS OF THE EARLY RETIREMENT INCENTIVES APPROVED BY COUNCIL

3 ON APRIL 18, 1988.

4 292.23. RETIREMENT AGE AND SERVICE RETIREMENT ALLOWANCE.

5 (A) UPON RETIREMENT, AN ELIGIBLE RETIREE, WHO HAS MET THE RETIREMENT

6 AGE AND SERVICE REQUIREMENTS IN SECTION 292.23, SHALL BE ENTITLED TO

7 RECEIVE A STRAIGHT LIFE RETIREMENT ALLOWANCE CALCULATED PURSUANT

8 TO THIS SECTION, OR IN THE ALTERNATIVE, TO SELECT A REDUCED

9 RETIREMENT ALLOWANCE OPTION PROVIDED IN SECTION 292.3, AND

10 CALCULATED UNDER SECTION 292.31. THE STRAIGHT LIFE RETIREMENT

11 ALLOWANCE SHALL BE A PENSION PAYABLE ANNUALLY IN ACCORDANCE WITH

12 THIS CHAPTER AND EQUAL TO THE NUMBER OF YEARS, AND FRACTION OF A

13 YEAR, OF THE MEMBER'S CREDITED SERVICE MULTIPLIED BY THE APPLICABLE

14 MULTIPLIER STATED IN THIS SECTION, WHICH IS A PERCENTAGE OF THE

15 MEMBER'S FINAL AVERAGE COMPENSATION. IN NO CASE SHALL THE PENSION

16 EXCEED 100 PERCENT OF A MEMBER'S FINAL AVERAGE COMPENSATION.

17 (B) THE CREDITED SERVICE MULTIPLIER FOR A MEMBER, BY EMPLOYEE

18 CLASSIFICATION AND DATES OF EMPLOYMENT, IS AS FOLLOWS:

19 1. FOR UAW, THE MULTIPLIER IS 2.75 PERCENT.

20 2. FOR MAYORAL STAFF, THE MULTIPLIER IS 1.6 PERCENT.

21 3. FOR COUNCIL STAFF HIRED BEFORE OCTOBER 29, 1990, THE MULTIPLIER IS

22 2.75 PERCENT.

Approved as to form:

Brigham Smith, City Attorney


Dated:
28
DRAFT NO. 1
12/20/10

1 4. FOR COUNCIL STAFF HIRED ON OR AFTER OCTOBER 29, 1990, THE

2 MULTIPLIER IS 1.8 PERCENT, EFFECTIVE MAY 1, 2009.

3 5. FOR TEAMSTER 580 HIRED BEFORE OCTOBER 29, 1990 AND WHO DID NOT

4 BECOME A PARTICIPANT IN THE DEFINED CONTRIBUTION PLAN, THE

5 MULTIPLIER IS 2.8 PERCENT.

6 6. FOR TEAMSTER 580 HIRED BEFORE OCTOBER 29, 1990, AND WHO

7 PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN BECAME

8 A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C), THE MULTIPLIER

IS 2.8 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER OCTOBER 1,

10 2000, AND ADDITIONAL SERVICE CREDITS PURCHASED BY THE MEMBER

11 FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF ANY.

12 7. FOR TEAMSTER 580 HIRED ON OR AFTER OCTOBER 29, 2990 AND WHO

13 BECAME A MEMBER PURSUANT TO SECTION 292.14(D), EFFECTIVE

14 JANUARY 7, 2010, THE MULTIPLIER IS 1.8 PERCENT FOR SERVICE CREDITS

15 EARNED ON OR AFTER OCTOBER 1, 2003, AND FOR ADDITIONAL SERVICE

16 CREDITS PURCHASED FOR SERVICE WHILE A DEFINED CONTRIBUTION

17 PARTICIPANT, IF ANY.

18 8. FOR TEAMSTER 580 HIRED ON OR AFTER OCTOBER 1, 2003, THE

19 MULTIPLIER IS 1.8 PERCENT EFFECTIVE JANUARY 7, 2010.

20 9. FOR TEAMSTER 214 HIRED BEFORE OCTOBER 29, 1990 AND WHO DID NOT

21 BECOME A PARTICIPANT IN THE DEFINED CONTRIBUTION PLAN, THE

22 MULTIPLIER IS 2.8 PERCENT.

Approved as to form:

Brigham Smith, City Attorney


Dated:
29
DRAFT NO.1
12/20/10

1 10. FOR TEAMSTER 214 HIRED BEFORE OCTOBER 29, 1990, AND WHO

2 PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN BECAME

3 A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C) THE MULTIPLIER

4 IS 2.8 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER OCTOBER 1,

5 2000, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED BY THE

6 MEMBER FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF ANY.

7 11. FOR TEAMSTER 214 HIRED ON OR AFTER OCTOBER 29, 2990 AND WHO

BECAME A MEMBER PURSUANT TO SECTION 292.14(D), EFFECTIVE

9 DECEMBER 8, 2008, THE MULTIPLIER IS 1.8 PERCENT FOR SERVICE CREDITS

10 EARNED ON OR AFTER OCTOBER 1, 2003, AND FOR ADDITIONAL SERVICE

11 CREDITS PURCHASED FOR SERVICE WHILE A DEFINED CONTRIBUTION

12 PARTICIPANT, IF ANY.

13 12. FOR TEAMSTER 214 HIRED ON OR AFTER OCTOBER 1, 2003, THE

14 MULTIPLIER IS 1.8 PERCENT EFFECTIVE DECEMBER 8, 2008.

15 13. FOR EXEMPT A/K/A NON-BARGAINING GROUP HIRED BEFORE OCTOBER 29,

16 1990 AND WHO DID NOT BECOME A PARTICIPANT IN THE DEFINED

17 CONTRIBUTION PLAN, THE MULTIPLIER IS 2.8 PERCENT.

18 14. FOR EXEMPT A/K/A NON-BARGAINING GROUP HIRED BEFORE OCTOBER 29,

19 1990, AND WHO PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND

20 THEN BECAME A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C)

21 THE MULTIPLIER. IS 2.8 PERCENT FOR SERVICE CREDITS EARNED ON OR

22 AFTER OCTOBER 1, 2000, AND FOR ADDITIONAL SERVICE CREDITS

Approved as to form:

Brigham Smith, City Attorney


Dated:
30
DRAFT NO. 1
12/20/10

1 PURCHASED BY THE MEMBER FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF

2 ANY.

3 15. FOR EXEMPT A/K/A NON-BARGAINING GROUP HIRED ON OR AFTER

4 OCTOBER 29, 2990 AND WHO BECAME A MEMBER PURSUANT TO SECTION

5 292.14(D), EFFECTIVE JANUARY 7, 2010, THE MULTIPLIER IS 1.8 PERCENT

6 FOR SERVICE CREDITS EARNED ON OR AFTER OCTOBER 1, 2003, AND FOR

7 ADDITIONAL SERVICE CREDITS PURCHASED FOR SERVICE WHILE A

8 DEFINED CONTRIBUTION PARTICIPANT, IF ANY.

9 16. FOR EXEMPT A/K/A NON-BARGAINING GROUP HIRED ON OR AFTER

10 OCTOBER 1, 2003, THE MULTIPLIER IS 1.8 PERCENT EFFECTIVE JANUARY 1,

11 2008.

12 17. FOR EXECUTIVE MANAGEMENT PLAN HIRED BEFORE OCTOBER 29, 1990

13 AND WHO DID NOT BECOME A PARTICIPANT IN THE DEFINED

14 CONTRIBUTION PLAN, THE MULTIPLIER IS 2.75 PERCENT.

15

16 18. FOR EXECUTIVE MANAGEMENT PLAN HIRED BEFORE OCTOBER 29, 1990,

17 AND WHO PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND

18 THEN BECAME A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C),

19 THE MULTIPLIER IS 2.75 PERCENT FOR SERVICE CREDITS EARNED ON OR

20 AFTER OCTOBER 1, 2000, AND ADDITIONAL SERVICE CREDITS PURCHASED

21 BY THE MEMBER FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF ANY.

Approved as to form:

Brigham Smith, City Attorney


Dated:
31
DRAFT NO. 1
12/20/10

1 19. FOR EXECUTIVE MANAGEMENT PLAN HIRED BEFORE OCTOBER 29, 1990,

2 AND WHO BECAME A MEMBER PURSUANT TO SECTION 292.14(D), THE

3 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER

4 OCTOBER 1, 2003, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED BY

5 THE MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION

6 PARTICIPANT, IF ANY.

7 20. FOR EXECUTIVE MANAGEMENT PLAN HIRED ON OR AFTER OCTOBER 1,

8 2003, THE MULTIPLIER IS 1.6 PERCENT.

9 21. FOR DISTRICT COURT EXEMPT HIRED BEFORE OCTOBER 29, 1990 AND WHO

10 DID NOT BECOME A PARTICIPANT IN THE DEFINED CONTRIBUTION PLAN,

11 THE MULTIPLIER IS 2.8 PERCENT.

12 22. FOR DISTRICT COURT EXEMPT HIRED BEFORE OCTOBER 29, 1990; AND WHO

13 PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN BECAME

14 A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C), THE MULTIPLIER

15 IS 2.8 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER OCTOBER 1,

16 2000, AND ADDITIONAL SERVICE CREDITS PURCHASED BY THE MEMBER

17 FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF ANY.

18 23. FOR DISTRICT COURT EXEMPT HIRED ON OR AFTER OCTOBER 29, 1990, AND

19 WHO BECAME A MEMBER PURSUANT TO SECTION 292.14(E), THE

20 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER

21 DECEMBER 1, 2003, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED

Approved as to form:

Brigham Smith, City Attorney


Dated:
32
DRAFT NO.1
12/20/10

1 BY THE MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION

2 PARTICIPANT, IF ANY.

3 24. FOR DISTRICT COURT EXEMPT HIRED AFTER DECEMBER 1, 2003, THE

4 MULTIPLIER IS 1.6 PERCENT.

5 25. FOR DISTRICT COURT TEAMSTER HIRED BEFORE OCTOBER 29, 1990 AND

WHO DID NOT BECOME A PARTICIPANT IN THE DEFINED CONTRIBUTION

PLAN, THE MULTIPLIER IS 2.8 PERCENT.

26. FOR DISTRICT COURT TEAMSTER HIRED BEFORE OCTOBER 29, 1990, AND

9 WHO PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN

10 BECAME A WINDOW PERSON AS DESCRIBED IN SECTION 292.140, THE

11 MULTIPLIER IS 2.75 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER

12 OCTOBER 1, 2000, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED

13 BY THE MEMBER FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF ANY.

14 27. FOR DISTRICT COURT TEAMSTER HIRED ON OR AFTER OCTOBER 29, 1990,

15 AND WHO BECAME A MEMBER PURSUANT TO SECTION 292.14(E), THE

16 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER

17 DECEMBER 1, 2003, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED

18 BY THE MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION

19 PARTICIPANT, IF ANY.

20 28. FOR DISTRICT COURT TEAMSTER HIRED AFTER DECEMBER 1, 2003, THE

21 MULTIPLIER IS 1.6 PERCENT.

Approved as to form:

Brigham Smith, City Attorney


Dated:
fin
DRAFT NO. 1
12/20/10

1 29. FOR FOP 911 OPERATORS' DIVISION HIRED BEFORE OCTOBER 29, 1990 AND

2 WHO DID NOT BECOME A PARTICIPANT IN THE DEFINED CONTRIBUTION

PLAN, THE MULTIPLIER IS 2.7 PERCENT.

4 30. FOR FOP 911 OPERATORS' DIVISION HIRED BEFORE OCTOBER 29, 1990, AND

5 WHO PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN

6 BECAME A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C) THE

7 MULTIPLIER IS 2.7 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER

8 MAY 1, 2001, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED BY

9 THE MEMBER FOR SERVICE PRIOR TO MAY 1, 2001, IF ANY.

10 31. FOR FOP 911 OPERATORS' DIVISION ON OR AFTER OCTOBER 29, 1990, AND

11 WHO BECAME A MEMBER PURSUANT TO SECTION 292.14(E), THE

12 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER

13 MAY 1, 2004, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED BY THE

14 MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION PARTICIPANT, IF

15 ANY.

16 32. FOR FOP 911 OPERATORS' DIVISION HIRED AFTER MAY 1, 2004, THE

17 MULTIPLIER IS 1.6 PERCENT.

18 (C) ANY MEMBER OF EMPLOYEE WHO HIRES OR TRANSFERS ON OR AFTER

19 OCTOBER 1, 2003, INTO A POSITION WITHIN A DIFFERENT BARGAINING UNIT OR

20 EMPLOYEE GROUP CLASSIFICATION OF EXEMPT, A/K/A NON-BARGAINING

21 GROUP, MAYORAL STAFF, COUNCIL STAFF, DISTRICT COURT EXEMPT, DISTRICT

22 COURT TEAMSTERS, AND FOP 911 OPERATORS' DIVISION, SHALL ONLY RECEIVE

Approved as to form:

Brigham Smith, City Attorney


Dated:
34
DRAFT NO.1
12/20/10

1 THE. SERVICE CREDIT MULTIPLIER FOR THE NEW POSITION BARGAINING UNIT OF

2 EMPLOYEE GROUP CLASSIFICATION FOR CREDITED SERVICE AFTER SAID

3 TRANSFER OR HIRE DATE AND SHALL RETAIN THE BARGAINING UNIT OR

4 EMPLOYEE GROUP CLASSIFICATION MULTIPLIER, IF ANY, FOR CREDITED

5 SERVICE BEFORE OCTOBER 1, 2003 IN THE BARGAINING UNIT OR EMPLOYEE

6 GROUP CLASSIFICATION FROM WHICH THE EMPLOYEE TRANSFERRED. A

7 MEMBER WHO TRANSFERS INTO THE CLASSIFICATION OF EXECUTIVE

8 MANAGEMENT PLAN SHALL RETAIN THE MULTIPLIER FOR CREDITED SERVICE

9 APPLICABLE TO THE EMPLOYMENT CLASSIFICATION FROM WHICH HE OR SHE

10 TRANSFERRED FOR CREDITED SERVICE IN THE EXECUTIVE MANAGEMENT PLAN.

11 (D) ACCORDING TO SUCH RULES AND REGULATIONS AS THE BOARD OF

12 TRUSTEES MAY FROM TIME TO TIME ADOPT, ANY MEMBER WHO RETIRES PRIOR

13 TO THE ATTAINMENT OF THE AGE OF 65 YEARS MAY ELECT TO HAVE HIS OR HER

14 STRAIGHT LIFE RETIREMENT ALLOWANCE ACTUARIALLY EQUATED TO PROVIDE

15 AN INCREASED RETIREMENT ALLOWANCE PAYABLE TO THE MEMBER'S

16 ATTAINMENT OF THE AGE OF 65 YEARS AND A REDUCED RETIREMENT

17 ALLOWANCE PAYABLE THEREAFTER. THE MEMBER'S INCREASED RETIREMENT

18 ALLOWANCE PAYABLE TO THE MEMBER'S ATTAINMENT OF THE AGE OF 65

19 YEARS SHALL APPROXIMATE THE SUM OF THE MEMBER'S REDUCED

20 RETIREMENT ALLOWANCE PAYABLE AFTER THE ATTAINMENT OF THE AGE OF 65

21 YEARS AND THE MEMBER'S ESTIMATED SOCIAL SECURITY PRIMARY

22 INSURANCE AMOUNT.

Approved as to fonn:

Brigham Smith, City Attorney


Dated:
35
DRAFT NO. 1
12/20/10

1 (E) IF A RETIREE DIES BEFORE HAVING RECEIVED, IN STRAIGHT LIFE

2 RETIREMENT ALLOWANCE PAYMENTS, AN AGGREGATE AMOUNT EQUAL TO HIS

3 OR HER ACCUMULATED CONTRIBUTIONS STANDING TO HIS OR HER CREDIT IN

4 THE EMPLOYEES' SAVINGS FUND AT THE TIME OF HIS OR HER RETIREMENT, THE

5 DIFFERENCE BETWEEN THE MEMBER'S ACCUMULATED CONTRIBUTIONS AND

6 THE AGGREGATE AMOUNT OF STRAIGHT LIFE RETIREMENT ALLOWANCE

7 PAYMENTS RECEIVED BY THE MEMBER SHALL BE PAID FROM THE RETIREMENT

8 RESERVE FUND TO SUCH PERSON AS THE MEMBER NAMES BY WRITTEN

9 DESIGNATION DULY EXECUTED AND FILED WITH THE BOARD. IF THERE IS NO

10 SUCH DESIGNATED PERSON SURVIVING THE RETIREE, SUCH DIFFERENCE, IF

11 ANY, SHALL BE PAID TO THE RETIREE'S LEGAL REPRESENTATIVE. NO BENEFITS

12 SHALL BE PAID UNDER THIS SUBSECTION ON ACCOUNT OF THE DEATH OF A

13 RETIREE IF THE MEMBER HAD ELECTED OPTION 1, 2 OR 3 AS PROVIDED IN

14 SECTION. 292.31.

15. 292.24. DEFERRED RETIREMENT ALLOWANCE.

16 (A) IF ANY MEMBER WHO HAS EIGHT OR MORE YEARS OF CREDITED

17 SERVICE SEPARATES FROM THE EMPLOY OF THE CITY OR THE DISTRICT COURT

18 PRIOR TO THE MEMBER'S ATTAINMENT OF THE AGE OF 58 YEARS, EXCEPT

19 THROUGH RETIREMENT, OR DEATH, SUCH MEMBER SHALL BE ENTITLED TO A

20 RETIREMENT ALLOWANCE AS PROVIDED IN SECTION 292.21, AS THE SECTION

21 WAS IN FORCE AT THE TIME OF THE MEMBER'S SEPARATION FROM

22 EMPLOYMENT WITH THE CITY OR THE DISTRICT COURT, PROVIDED THAT THE

Approved as to form:

Brigham Smith, City Attorney


Dated:
36
DRAFT NO. 1
12/20/10

1 MEMBER DOES NOT WITHDRAW HIS OR HER ACCUMULATED CONTRIBUTIONS

2 FROM THE EMPLOYEES' SAVINGS FUND. THE MEMBER'S RETIREMENT

3 ALLOWANCE SHALL BEGIN THE FIRST DAY OF THE CALENDAR MONTH NEXT

4 FOLLOWING THE MONTH IN WHICH HIS OR HER APPLICATION FOR THE SAME IS

5 FILED WITH THE BOARD OF TRUSTEES ON OR AFTER THE MEMBER'S

6 ATTAINMENT OF THE AGE OF 58 YEARS. DURING THE PERIOD OF THE MEMBER'S

7 ABSENCE FROM EMPLOYMENT WITH THE CITY OR THE DISTRICT COURT,

8 REGULAR INTEREST SHALL BE CREDITED TO THE MEMBER'S ACCUMULATED

9 CONTRIBUTIONS STANDING TO HIS OR HER CREDIT IN THE EMPLOYEES'

10 SAVINGS FUND.

11 (B) IF ANY MEMBER WHO HAS EIGHT OR MORE YEARS OF CREDITED

12 SERVICE SEPARATES FROM THE EMPLOY OF THE CITY OR THE DISTRICT COURT

13 PRIOR TO THE ATTAINMENT OF THE AGE OF 58 YEARS, EXCEPT THROUGH

14 RETIREMENT OR DEATH, AND IT THE MEMBER THEREAFTER DIES PRIOR TO

15 ATTAINMENT OF THE AGE OF 58 YEARS, THE DESIGNATED SURVIVING SPOUSE

16 SHALL BE ENTITLED TO A RETIREMENT ALLOWANCE AS PROVIDED IN SECTION

17 292.27, OPTION A, AS SUCH SECTION WAS IN FORCE AT THE TIME OF THE

18 MEMBER'S SEPARATION FROM EMPLOYMENT WITH THE CITY OR THE DISTRICT

19 COURT, PROVIDED THAT THE MEMBER DOES NOT WITHDRAW ANY

20 ACCUMULATED CONTRIBUTIONS FROM THE EMPLOYEES' SAVINGS FUND. THE

21 DESIGNATED SURVIVING SPOUSE'S RETIREMENT ALLOWANCE SHALL BEGIN THE

22 FIRST DAY OF THE CALENDAR MONTH NEXT FOLLOWING THE MONTH IN WHICH

Approved as to form:

i Brigham Smith, City Attorney


Dated:
37
DRAFT NO. 1
12/20/10

1 THE DESIGNATED SURVIVING SPOUSE FILES AN APPLICATION FOR THE SAME

2 WITH THE BOARD ON OR AFTER THE DATE THE DECEASED FORMER MEMBER

3 WOULD HAVE ATTAINED THE AGE OF 58 YEARS. DURING SUCH DEFERRAL

4 PERIOD, REGULAR INTEREST SHALL BE CREDITED TO THE DECEASED FORMER

5 MEMBER'S ACCUMULATED CONTRIBUTIONS STANDING TO HIS OR HER CREDIT

6 IN THE EMPLOYEES' SAVING FUND.

7 (C) FOR A MEMBER, EMPLOYED IN A COVERED POSITION ON OR AFTER

THE COVERED POSITION EFFECTIVE DATE, WHO DOES NOT ELECT TO

TERMINATE MEMBERSHIP AS PROVIDED IN SECTION 292.14(C)(1), THE

10 COMMENCEMENT AGE OF 58 YEARS PROVIDED IN SUBSECTIONS (A) AND (ID.

11 HEREOF SHALL BE REPLACED BY A COMMENCEMENT AGE THAT IS THE EARLIER

12 OF:

13 (1) THE AGE OF 58 YEARS; OR

14 (2) THE AGE, IN YEARS AND FULL MONTHS, WHICH, WHEN ADDED TO

15 THE MEMBER'S YEARS AND FULL MONTHS OF CREDITED SERVICE,

16 EQUALS OR EXCEEDS 65 YEARS.

17 292.25. TOTAL AND PERMANENT DISABILITY.

18 (A) UPON THE APPLICATION OF A MEMBER, THE MEMBER'S DEPARTMENT HEAD

19 (IF A CITY EMPLOYEE), OR THE CHIEF DISTRICT JUDGE (IF A DISTRICT COURT

20 EMPLOYEE) ON THE MEMBER'S BEHALF, A MEMBER HAS TEN OR MORE YEARS

21 OF CREDITED SERVICE AND BECOMES TOTALLY AND PERMANENTLY

22 INCAPACITATED FOR DUTY IN THE EMPLOY OF THE CITY OR THE DISTRICT

Approved as to form:

Brigham Smith, City Attorney


Dated:
38
DRAFT NO. 1
12/20/10

1 COURT BY REASON OF A PERSONAL INJURY OR DISEASE, MAY BE RETIRED BY

2 THE BOARD OF TRUSTEES, PROVIDED THAT:

3 (1) AFTER A MEDICAL EXAMINATION OF THE MEMBER MADE BY OR UNDER THE

4 DIRECTION OF THE MEDICAL DIRECTOR, THE MEDICAL DIRECTOR CERTIFIES TO

5 THE BOARD THAT THE MEMBER IS MENTALLY OR PHYSICALLY TOTALLY

6 INCAPACITATED FOR DUTY AS AN EMPLOYEE AND THAT SUCH INCAPACITY

7 WILL PROBABLY BE PERMANENT; AND

8 (2) THE REPORT OF THE MEDICAL DIRECTOR IS CONCURRED IN BY THE BOARD.

9 (B) THE TEN-YEAR SERVICE REQUIREMENT PROVIDED FOR IN SUBSECTION (A)

10 HEREOF SHALL BE WAIVED FOR A MEMBER IF:

11 (1) THE BOARD FINDS THAT THE MEMBER IS TOTALLY AND PERMANENTLY

12 INCAPACITATED FOR DUTY IN THE EMPLOY OF THE CITY OR THE DISTRICT

13 COURT AS THE NATURAL AND PROXIMATE RESULT OF A PERSONAL INJURY OR

14 DISEASE ARISING OUT OF AND IN THE COURSE OF THE ACTUAL PERFORMANCE

15 OF DUTY IN THE EMPLOY OF THE CITY OR THE DISTRICT COURT; AND

16 (2) THE MEMBER IS IN RECEIPT OF WORKERS' COMPENSATION ON ACCOUNT OF

17 HIS OR HER TOTAL AND PERMANENT INCAPACITY OCCURRING AS THE RESULT

18 OF EMPLOYMENT WITH THE CITY OR THE DISTRICT COURT.

19 (C) FOR BENEFIT ACCRUAL PURPOSES, A MEMBER WHO DIES OR BECOMES

20 DISABLED WHILE PERFORMING QUALIFIED MILITARY SERVICE AS DEFINED IN

21 IRC SECTION 414(U) SHALL BE CONSIDERED TO HAVE RETURNED AS AN

22 EMPLOYEE ON THE DAY PRECEDING THE MEMBER'S DEATH OR DISABILITY, AND

Approved as to foam:

Brigham Smith, City'Attorney


Dated:
39
DRAFT NO. 1
12/20/10

1 TO HAVE TERMINATED AS AN EMPLOYEE ON THE DATE OF THE MEMBER'S

2 DEATH OR DISABILITY BECAUSE OF A NON-DUTY DEATH OR NON-DUTY

3 DISABILITY. THE AMOUNT OF EMPLOYEE CONTRIBUTIONS WHICH MUST BE

4 MADE ACCORDING TO SECTION 292.20 OF THIS CHAPTER FOR AN EMPLOYEE

5 TREATED AS REEMPLOYED BECAUSE OF THE MEMBER'S DEATH OR DISABILITY

RESULTING FROM PERFORMANCE OF QUALIFIED MILITARY SERVICE SHALL BE

7 DETERMINED ON THE BASIS OF THE MEMBER'S AVERAGE ACTUAL EMPLOYEE

8 CONTRIBUTIONS FOR THE LESSER OF: (1) 12 MONTH PERIOD AS AN EMPLOYEE

9 IMMEDIATELY PRIOR TO THE MEMBER'S QUALIFIED MILITARY SERVICE, OR (2)

10 IF SERVICE AS AN EMPLOYEE IS LESS THAN 12 MONTHS, THE ACTUAL LENGTH

11 OF CONTINUOUS SERVICE AS AN EMPLOYEE.

12 292.26. COMPUTATION OF BENEFITS FOR NONDUTY DISABILITY.

13 IF A MEMBER RETIRES BECAUSE OF TOTAL AND PERMANENT DISABILITY, AS

14 PROVIDED IN SECTION 292.25, AND THE BOARD OF TRUSTEES FINDS THAT SUCH

15 MEMBER'S DISABILITY DID NOT OCCUR AS THE RESULT OF CAUSES ARISING OUT

16 OF AND IN THE COURSE OF THE MEMBER'S ACTUAL PERFORMANCE OF DUTY AS

17 AN EMPLOYEE, THE MEMBER SHALL RECEIVE A DISABILITY RETIREMENT

18 ALLOWANCE COMPUTED ACCORDING TO SECTION 292.25, EXCLUSIVE OF

19 SUBSECTION (B) THEREOF. IN NO CASE SHALL THE MEMBER'S DISABILITY

20 RETIREMENT ALLOWANCE BE LESS THAN 14 PERCENT OF HIS OR HER FINAL

21 AVERAGE COMPENSATION. THE MEMBER'S DISABILITY RETIREMENT

22 ALLOWANCE SHALL BE SUBJECT TO SECTIONS 292.28, 292.29 AND 292.30. UPON

Approved as to form:

Brigham Smith, City Attorney


Dated:
40
DST NO. 1
12/20/10

1 THE MEMBER'S RETIREMENT, HE OR SHE SHALL HAVE THE RIGHT TO ELECT TO

2 RECEIVE A RETIREMENT ALLOWANCE UNDER AN OPTION PROVIDED IN SECTION

3 292.31 IN LIEU OF A STRAIGHT LIFE RETIREMENT ALLOWANCE.

4 292.27. COMPUTATION OF BENEFITS FOR DUTY DISABILITY.

5 IF A MEMBER RETIRES BEFORE ATTAINMENT OF THE AGE OF 60 YEARS ON

6 ACCOUNT OF TOTAL AND PERMANENT DISABILITY, AS PROVIDED IN SECTION

7 292.25, AND THE BOARD OF TRUSTEES FINDS THAT THE MEMBER'S DISABILITY IS

8 THE NATURAL AND PROXIMATE RESULT OF CAUSES ARISING OUT OF AND IN

9 THE COURSE OF THE MEMBER'S ACTUAL PERFORMANCE OF DUTY AS AN

10 EMPLOYEE, THE MEMBER SHALL RECEIVE A DISABILITY RETIREMENT

11 ALLOWANCE COMPUTED ACCORDING TO SECTION 292.25, EXCLUSIVE OF

12 SUBSECTION (B) THEREOF. IN COMPUTING THE MEMBER'S DISABILITY

13 RETIREMENT ALLOWANCE, THE CREDITED SERVICE TO BE USED SHALL BE THE

14 SUM OF THE MEMBER'S CREDITED SERVICE IN FORCE AT THE DATE OF

15 RETIREMENT AND THE NUMBER OF YEARS, AND FRACTION OF A YEAR IN THE

16 PERIOD FROM THE DATE OF THE MEMBER'S RETIREMENT TO THE DATE THE

17 MEMBER WOULD ATTAIN THE AGE OF 60 YEARS. DURING THE WORKERS'

18 COMPENSATION PERIOD, THE MEMBER'S DISABILITY RETIREMENT ALLOWANCE

19 SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE MEMBER'S FINAL

20 COMPENSATION AND WORKERS' COMPENSATION CONVERTED TO AN ANNUAL

21 BASIS. THE MEMBER'S DISABILITY RETIREMENT ALLOWANCE SHALL BE

22 SUBJECT TO SECTIONS 292.28, 292.29 AND 292.30. UPON RETIREMENT, THE

Approved as to form:

Brigham Smith, City Attorney


Dated:
41
DRAFT NO. 1
12/20/10

1 MEMBER SHALL HAVE THE RIGHT TO ELECT TO RECEIVE A RETIREMENT

2 ALLOWANCE UNDER AN OPTION PROVIDED IN SECTION 292.31 IN LIEU OF A

3 STRAIGHT LIFE RETIREMENT ALLOWANCE. UPON THE ATTAINMENT OF THE AGE

4 OF 60 YEARS, THE RETIREE SHALL BE REMOVED FROM DISABILITY RETIREMENT

5 AND TRANSFERRED TO AGE AND SERVICE RETIREMENT, AS PROVIDED IN

SECTION 292.23.

7 292.28. RE-EXAMINATION OF DISABILITY RETIREES.

8 AT LEAST ONCE EACH YEAR DURING THE FIRST FIVE YEARS FOLLOWING THE

9 RETIREMENT OF A MEMBER WITH A DISABILITY RETIREMENT ALLOWANCE, AND

10 AT LEAST ONCE IN EVERY THREE-YEAR PERIOD THEREAFTER, THE BOARD OF

11 TRUSTEES MAY, OR, UPON THE DISABILITY RETIREE'S APPLICATION, SHALL,

12 REQUIRE ANY DISABILITY RETIREE, WHO HAS NOT ATTAINED THE AGE OF 60

13 YEARS, TO UNDERGO A MEDICAL EXAMINATION TO BE MADE BY OR UNDER THE

14 DIRECTION OF THE MEDICAL DIRECTOR. IF ANY SUCH DISABILITY RETIREE

15 REFUSES TO SUBMIT TO SUCH MEDICAL EXAMINATION IN ANY SUCH PERIOD,

16 THE RETIREE'S DISABILITY RETIREMENT ALLOWANCE MAY BE DISCONTINUED

17 BY THE BOARD UNTIL THE RETIREE WITHDRAWS SUCH REFUSAL. IF SUCH

18 REFUSAL CONTINUES FOR ONE YEAR, ALL THE RETIREE'S RIGHTS IN AND TO A

19 DISABILITY RETIREMENT ALLOWANCE MAY BE REVOKED BY THE BOARD. IF,

20 UPON SUCH MEDICAL EXAMINATION OF A RETIREE, THE MEDICAL DIRECTOR

21 REPORTS TO THE BOARD, AND SUCH REPORT IS CONCURRED IN BY THE BOARD,

22 THAT THE RETIREE IS PHYSICALLY ABLE AND CAPABLE OF RESUMING

Approved as to form:

Brigham Smith, City Attorney


Dated:
42
DRAFT NO.1
12/20/10

1 EMPLOYMENT WITH THE CITY, THE RETIREE SHALL RETURN AS AN EMPLOYEE

2 AND THE DISABILITY RETIREMENT ALLOWANCE SHALL TERMINATE. IN RE-

3 EMPLOYING THE RETIREE, REASONABLE LATITUDE SHALL BE ALLOWED THE

4 CITY IN PLACING THE RETIREE IN A POSITION COMMENSURATE WITH THE

5 RETIREE'S TYPE OF WORK AND RATE OF COMPENSATION AT THE TIME OF

6 RETIREMENT.

7 292.29. RETURN TO EMPLOYMENT.

8 A DISABILITY RETIREE WHO RETURNS AS AN EMPLOYEE, AS PROVIDED IN

9 SECTION 292.28, SHALL, FROM THE DATE OF HIS OR HER RETURN, AGAIN

10 BECOME A MEMBER OF THE RETIREMENT SYSTEM. THE MEMBER'S CREDITED

11 SERVICE IN FORCE AT THE TIME OF HIS OR HER RETIREMENT SHALL BE

12 RESTORED TO THE MEMBER'S CREDIT. THE MEMBER SHALL BE GIVEN SERVICE

13 CREDIT FOR THE PERIOD HE OR SHE WAS RECEIVING A DISABILITY RETIREMENT

14 ALLOWANCE PROVIDED FOR IN THIS CHAPTER, IF, WITHIN SUCH PERIOD, THE

15 MEMBER WAS IN RECEIPT OF WORKERS' COMPENSATION ON ACCOUNT OF

16 TOTAL AND PERMANENT DISABILITY ARISING OUT OF AND IN THE COURSE OF

17 HIS OR HER RETURN AS AN EMPLOYEE; OTHERWISE THE MEMBER SHALL NOT BE

18 GIVEN SERVICE CREDIT FOR THE PERIOD HE OR SHE WAS IN RECEIPT OF A

19 DISABILITY RETIREMENT ALLOWANCE.

20 292.30. ADJUSTMENT OF DISABILITY RETIREMENT ALLOWANCE.

21 (A) IF A DISABILITY RETIREE BECOMES ENGAGED IN A GAINFUL OCCUPATION,

22 BUSINESS OR EMPLOYMENT, AND THE SUM OF PAY OR OTHER REMUNERATION

Approved as to form:

Brigham Smith, City Attorney


Dated:
43
DRAFT NO. 1
12/20/10

1 FROM SUCH OCCUPATION, BUSINESS OR EMPLOYMENT AND THE RETIREE'S

2 DISABILITY RETIREMENT ALLOWANCE EXCEEDS THE RETIREE'S FINAL

3 AVERAGE RATE OF COMPENSATION, THEN THE AMOUNT OF THE RETIREE'S

4 DISABILITY RETIREMENT ALLOWANCE SHALL BE REDUCED TO AN AMOUNT

5 WHICH, TOGETHER WITH THE AMOUNT SO EARNED BY THE DISABILITY RETIREE,

6 SHALL EQUAL, BUT NOT EXCEED, THE FINAL AVERAGE RATE OF

7 COMPENSATION. FOR THE PURPOSE OF THIS SECTION ONLY, A RETIREE'S FINAL

8 COMPENSATION SHALL BE INCREASED TWO PERCENT FOR EACH COMPLETED

9 CALENDAR YEAR SUCH RETIREE IS IN RECEIPT OF A DISABILITY RETIREMENT

10 ALLOWANCE. IF THE RETIREE'S EARNINGS ARE LATER CHANGED, THE

11 DISABILITY RETIREMENT ALLOWANCE SHALL BE ADJUSTED ACCORDINGLY.

12 (B) EACH DISABILITY RETIREE SHALL FILE WITH THE BOARD OF TRUSTEES, AT

13 LEAST ANNUALLY, ON FORMS FURNISHED BY THE BOARD, A STATEMENT OF HIS

14 OR HER EARNINGS, TOGETHER WITH SUCH SUPPORTING DATA AS MAY BE

15 REQUESTED BY THE BOARD TO ESTABLISH A BASIS FOR DETERMINING

16 EARNINGS FOR OPERATION OF THIS SECTION. THE BOARD MAY FROM TIME TO

17 TIME ADOPT RULES AND REGULATIONS FOR DEFINING EARNINGS FOR PURPOSES

18 OF APPLICATION OF THIS SECTION. FAILURE BY A DISABILITY RETIREE TO

19 SUBMIT REQUIRED INFORMATION UPON WRITTEN REQUEST BY THE BOARD

20 MAY, AT THE DISCRETION OF THE BOARD, SUBJECT THE DISABILITY RETIREE TO

21 SUSPENSION OF RETIREMENT ALLOWANCE PAYMENTS.

22 292.31. RETIREMENT ALLOWANCE OPTIONS.

Approved as to form:

Brigham Smith, City Attorney


Dated:
44
DRAFT NO. 1
12/20/10

1 ANY MEMBER MAY, PRIOR TO THE EFFECTIVE DATE OF HIS OR HER

2 RETIREMENT, BUT NOT THEREAFTER, ELECT TO RECEIVE HIS OR HER

3' RETIREMENT ALLOWANCE AS A STRAIGHT LIFE RETIREMENT ALLOWANCE

4 PAYABLE THROUGHOUT HIS OR HER LIFE AND TERMINATING AT DEATH, OR HE

5 OR SHE MAY ELECT TO RECEIVE THE ACTUARIAL EQUIVALENT OF HIS OR HER

6 STRAIGHT LIFE RETIREMENT ALLOWANCE, AT THAT TIME, IN A REDUCED

7 RETIREMENT ALLOWANCE PAYABLE THROUGHOUT HIS OR HER LIFE, AND NAME

A BENEFICIARY, IN ACCORDANCE WITH OPTION 1, 2 OR 3 AS FOLLOWS:

9 CASH REFUND ANNUITY - OPTION 1. IF A RETIREE, WHO ELECTED OPTION 1, DIES

10 BEFORE HE OR SHE HAS RECEIVED IN PAYMENT OF HIS OR HER REDUCED

11 RETIREMENT ALLOWANCE AN AGGREGATE AMOUNT EQUAL TO, BUT NOT

12 EXCEEDING, ACCUMULATED CONTRIBUTIONS STANDING TO HIS OR HER CREDIT

13 IN THE EMPLOYEES' SAVINGS FUND AT THE TIME OF RETIREMENT, THEN THE

14 DIFFERENCE BETWEEN HIS OR HER ACCUMULATED CONTRIBUTIONS AND THE

15 AGGREGATE AMOUNT OF PAYMENTS RECEIVED BY HIM OR HER SHALL BE PAID

16 TO SUCH PERSON OR PERSONS AS HE OR SHE NAMES BY WRITTEN BENEFICIARY

17 DESIGNATION DULY EXECUTED AND FILED WITH THE BOARD OF TRUSTEES. IF

18 THERE IS NO SUCH DESIGNATED PERSON SURVIVING THE RETIREE, THEN SUCH

19 DIFFERENCE, IF ANY, SHALL BE PAID TO HIS OR HER ESTATE.

20 JOINT AND SURVIVOR ALLOWANCE - OPTION 2. UPON THE DEATH OF A RETIREE

21 WHO ELECTED OPTION 2, HIS OR HER REDUCED RETIREMENT ALLOWANCE

22 SHALL BE CONTINUED THROUGHOUT THE LIFE OF AND PAID TO SUCH PERSON,

Approved as to form:

Brigham Smith, City Attorney


Dated:
45
DRAFT NO.1
12/20/10

1 HAVING AN INSURABLE INTEREST IN HIS OR HER LIFE, AS HE OR SHE HAD

2 NAMED BY WRITTEN BENEFICIARY DESIGNATION DULY EXECUTED AND FILED

3 WITH THE BOARD PRIOR TO THE EFFECTIVE DATE OF HIS OR HER RETIREMENT.

4 MODIFIED JOINT AND SURVIVOR ALLOWANCE - OPTION 3. UPON THE DEATH OF

5 A RETIREE WHO ELECTED OPTION 3, ONE-HALF OF HIS OR HER REDUCED

6 RETIREMENT ALLOWANCE SHALL BE CONTINUED THROUGHOUT THE LIFE OF

7 AND PAID TO SUCH PERSON, HAVING AN INSURABLE INTEREST IN HIS OR HER

8 LIFE, AS HE OR SHE HAD NAMED BY WRITTEN BENEFICIARY DESIGNATION DULY

9 EXECUTED AND FILED WITH THE BOARD PRIOR TO THE EFFECTIVE DATE OF HIS

10 OR HER RETIREMENT.

11

12

13 292.32. INCREASE IN BENEFITS.

14 ON EACH JANUARY 1, THE RETIREMENT ALLOWANCE WILL BE INCREASED FOR

15 EACH RETIREE AND BENEFICIARY WHO MEETS BOTH OF THE FOLLOWING

16 CONDITIONS:

17 THE RETIREE'S OR BENEFICIARY'S EFFECTIVE DATE OF RETIREMENT IS AT LEAST

18 SIX MONTHS PRIOR TO THE JANUARY 1 INCREASE DATE, AND

19 THE RETIREE HAS ATTAINED THE AGE OF 60 YEARS AS OF THE JANUARY 1

20 INCREASE DATE, OR, IN THE CASE OF A BENEFICIARY THE DECEASED RETIREE

21 OR DECEASED MEMBER WOULD HAVE ATTAINED THE AGE OF 60 YEARS AS OF

22 THE JANUARY 1 INCREASE DATE.

Approved as to form:

Brigham Smith, City Attorney


Dated:
46
DRAFT NO. 1
12/20/10

1 THE RETIREMENT ALLOWANCE INCREASES ARE CUMULATIVE BUT NOT

2 COMPOUNDED. A PERSON AFFECTED BY ANY EARLY RETIREMENT INCENTIVE

3 BENEFIT PROVISION SHALL HAVE HIS OR HER CUMULATIVE RETIREMENT

4 ALLOWANCE INCREASE UNDER THIS SUBSECTION REDUCED BY THE

5 RETIREMENT ALLOWANCE INCREASE ATTRIBUTABLE TO THE EARLY

6 RETIREMENT WINDOW INCENTIVE PROVISION. A PERSON WHOSE RETIREMENT

7 ALLOWANCE IS BASED ON FEWER THAN EIGHT YEARS OF CREDITED SERVICE,

8 OTHER THAN PERSONS RECEIVING RETIREMENT ALLOWANCES UNDER SECTION

9 292.27 OR SECTION 292.33, SHALL NOT BE ELIGIBLE FOR THE RETIREMENT

10 ALLOWANCE INCREASES UNDER THIS SUBSECTION. THE AMOUNT OF THE

11 ANNUAL INCREASE IN RETIREMENT ALLOWANCE SHALL BE THREE PERCENT OF

12 THE ANNUAL RETIREMENT ALLOWANCE THAT WOULD BE PAYABLE IN THE

13 ABSENCE OF THIS SUBSECTION. HOWEVER, THE MAXIMUM ANNUAL INCREASE

14 WILL BE ONE OF THE FOLLOWING:

15 FOR A RETIREE WHO ELECTED OPTION 2 PROVIDED IN SECTION 292.31, OR A

16 BENEFICIARY OF SUCH A RETIREE, THE MAXIMUM ANNUAL RETIREMENT

17 ALLOWANCE INCREASE IS $200.00 TIMES THE RATIO OF THE RETIREE'S ORIGINAL

18 OPTION 2 RETIREMENT ALLOWANCE DIVIDED BY THE RETIREE'S ORIGINAL

19 STRAIGHT LIFE RETIREMENT ALLOWANCE; OR

20 FOR A RETIREE WHO ELECTED OPTION 3 PROVIDED IN SECTION 292.31, THE

21 MAXIMUM ANNUAL RETIREMENT ALLOWANCE INCREASE IS $200.00 TIMES THE

22 RATIO OF THE RETIREE'S ORIGINAL OPTION 3 RETIREMENT. ALLOWANCE

Approved as to form .

Brigham Smith, City Attorney


Dated:
47
DRAFT NO.1
12/20/10

1 DIVIDED BY THE RETIREE'S ORIGINAL STRAIGHT LIFE RETIREMENT

2 ALLOWANCE; OR

3 FOR THE BENEFICIARY OF A RETIREE WHO ELECTED OPTION 3 PROVIDED IN

4 SECTION 292.31, THE MAXIMUM ANNUAL RETIREMENT ALLOWANCE INCREASE IS

5 $100.00 TIMES THE RATIO OF THE RETIREE'S ORIGINAL OPTION 3 RETIREMENT

6 ALLOWANCE DIVIDED BY THE RETIREE'S ORIGINAL STRAIGHT LIFE RETIREMENT

7 ALLOWANCE; OR

8 FOR ALL OTHER RETIREES AND BENEFICIARIES THE MAXIMUM ANNUAL

RETIREMENT ALLOWANCE INCREASE IS $200.00.

10 IN NO EVENT SHALL THE CUMULATIVE RETIREMENT ALLOWANCE INCREASE

11 PROVIDED IN THIS SUBSECTION EXCEED, ON A PERCENTAGE BASIS, THE

12 CUMULATIVE INCREASE IN THE CONSUMERS PRICE INDEX FROM THE EFFECTIVE

13 DATE OF RETIREMENT TO THE JANUARY 1 INCREASE DATE. THE COST OF THE

14 BENEFITS PROVIDED IN THIS SUBSECTION SHALL BE BORNE BY A PORTION OF

15 THE INVESTMENT INCOME CREDITED TO THE MEMBERS BENEFIT FUND. THREE-

16 EIGHTHS OF THE FIRST EIGHT PERCENT INVESTMENT INCOME THAT IS CREDITED

17 TO THE MEMBERS' BENEFIT FUND IS EARMARKED FOR THIS PURPOSE.

18 THE ACTUARY SHALL REPORT ANNUALLY ON THE SUFFICIENCY OF THE

19 MEMBERS' BENEFIT FUND, BASED ON THAT REPORT.

20 THE BOARD OF TRUSTEES MAY FROM TIME TO TIME INCREASE, BUT NOT

21 DECREASE. THE MAXIMUM ANNUAL RETIREMENT ALLOWANCE INCREASE

22 AMOUNT IN THIS SUBSECTION.

Approved as to form:

Brigham Smith, City Attorney


Dated:
48
DRAFT NO. 1
12/20/10

1 292.33. BENEFITS FOR DEATH INCURRED IN LINE OF DUTY.

2 (A) CONDITIONS FOR BENEFITS. IF A MEMBER DIES AS THE RESULT OF A

3 PERSONAL INJURY OR DISEASE ARISING SOLELY AND EXCLUSIVELY OUT OF

4 AND IN THE COURSE OF EMPLOYMENT BY THE CITY OR THE DISTRICT COURT,

5 OR IF A DISABILITY RETIREE DIES PRIOR TO ATTAINING THE AGE OF 60 YEARS

6 AND WITHIN A PERIOD OF THREE YEARS FROM AND AFTER THE DISABILITY

7 RETIREMENT AS THE RESULT OF THE SAME INJURY OR DISEASE FOR WHICH THE

8 MEMBER RETIRED, AND IN EITHER CASE THE DEATH, INJURY OR DISEASE

9 RESULTING IN DEATH IS FOUND BY THE BOARD OF TRUSTEES TO HAVE

10 OCCURRED AS THE NATURAL AND PROXIMATE RESULT OF CAUSES ARISING

11 SOLELY AND EXCLUSIVELY OUT OF AND IN THE COURSE OF THE ACTUAL

12 PERFORMANCE OF DUTY AS AN EMPLOYEE, THEN THE APPLICABLE BENEFITS

13 PROVIDED IN SUBSECTIONS (B), (C), (D) AND (E) HEREOF SHALL BE PAID,

14 SUBJECT TO THE CONDITION THAT WORKERS' COMPENSATION IS PAID ON

15 ACCOUNT OF THE DEATH OF THE MEMBER OR RETIREE.

16 (B) ACCUMULATED CONTRIBUTIONS. IN THE CASE OF A DECEASED MEMBER,

17 THE ACCUMULATED CONTRIBUTIONS STANDING TO SUCH MEMBER'S CREDIT IN

18 THE EMPLOYEES' SAVINGS FUND AT THE TIME OF DEATH SHALL BE PAID IN

19 ACCORDANCE WITH SECTION 292.36.

20 (C) SURVIVING SPOUSE BENEFITS. THE SURVIVING SPOUSE SHALL RECEIVE A

21 SURVIVING SPOUSE'S PENSION EQUAL TO THE SURVIVING SPOUSE'S WEEKLY

22 WORKERS' COMPENSATION CONVERTED TO AN ANNUAL BASIS. SUCH PENSION

Approved as to form:

Brigham Smith, City Attorney


Dated:
49
DRAFT NO. 1
12/20/10

1 SHALL BEGIN UPON TERMINATION OF THE SURVIVING SPOUSE'S WORKERS'

2 COMPENSATION PERIOD AND SHALL TERMINATE UPON DEATH. AS USED IN THIS

3 SECTION, "SURVIVING SPOUSE" MEANS THE PERSON TO WHOM THE DECEASED

4 MEMBER OR RETIREE WAS MARRIED AT THE TIME OF SUCH MEMBER'S

5 EMPLOYEE STATUS.

6 (D) CHILDREN'S BENEFITS. UNMARRIED CHILDREN UNDER THE AGE OF 21

7 YEARS SHALL EACH RECEIVE A CHILD'S PENSION EQUAL TO THE CHILD'S

8 WEEKLY WORKERS' COMPENSATION CONVERTED TO AN ANNUAL BASIS. SUCH

9 CHILD'S PENSION SHALL BEGIN UPON TERMINATION OF THE CHILD'S WORKERS'

10 COMPENSATION PERIOD AND SHALL TERMINATE UPON THE ATTAINMENT OF

11 THE AGE OF 21 YEARS, OR DEATH, OR MARRIAGE, WHICHEVER COMES FIRST. IF

12 THE SURVIVING SPOUSE'S PENSION IS TERMINATED, AS PROVIDED IN

13 SUBSECTION (C) HEREOF, AND IF AN UNMARRIED CHILD OR CHILDREN, UNDER

14 THE AGE OF 21 YEARS, OF THE DECEASED MEMBER OR RETIREE, OUTLIVE THE

15 SURVIVING SPOUSE, EACH SUCH CHILD'S PENSION SHALL BE INCREASED BY AN

16 EQUAL SHARE OF THE SURVIVING SPOUSE'S PENSION.

17 (E) DEPENDENT PARENTS' BENEFITS. THE MEMBER'S PARENT OR PARENTS

18 SHALL RECEIVE A PARENT'S PENSION EQUAL TO THE PARENT'S WEEKLY

19 WORKERS' COMPENSATION CONVERTED TO AN ANNUAL BASIS. SUCH PARENT'S

20 PENSION SHALL BEGIN UPON TERMINATION OF THE PARENT'S WORKERS'

21 COMPENSATION PERIOD AND SHALL TERMINATE UPON REMARRIAGE OR DEATH,

22 WHICHEVER OCCURS FIRST.

Approved as to form:

Brigham Smith, City Attorney


Dated:
50
DRAFT NO. 1
12/20/10

1 292.34. NONDUTY DEATH BENEFITS; ELECTION OF OPTION.

2 ANY MEMBER WHO CONTINUES AS AN EMPLOYEE ON OR AFTER THE DATE

3 SUCH MEMBER ACQUIRES EIGHT YEARS OF CREDITED SERVICE, AT ANY TIME

4 PRIOR TO THE MEMBER'S RETIREMENT, MAY ELECT OPTION 2 AS PROVIDED FOR

5 IN SECTION 292.31, IN THE SAME MANNER AS IF THE MEMBER WERE THEN

6 RETIRING AS AN EMPLOYEE, AND NOMINATE A BENEFICIARY WHOM THE

7 BOARD OF TRUSTEES FINDS TO BE DEPENDENT UPON THE MEMBER FOR AT

LEAST 50 PERCENT OF THE BENEFICIARY'S SUPPORT DUE TO LACK OF

9 FINANCIAL MEANS. PRIOR TO THE EFFECTIVE DATE OF RETIREMENT, A MEMBER

10 MAY REVOKE THE ELECTION OF OPTION 2 AND NOMINATION OF BENEFICIARY,

11 AND MAY AGAIN ELECT OPTION 2 AND NOMINATE A BENEFICIARY, AS

12 PROVIDED IN THIS SECTION. UPON THE DEATH OR MARRIAGE OR REMARRIAGE

13 OF SUCH BENEFICIARY PRIOR TO THE EFFECTIVE DATE OF THE MEMBER'S

14 RETIREMENT, THE ELECTION OF OPTION 2 AND NOMINATION OF BENEFICIARY

15 SHALL BE AUTOMATICALLY REVOKED. UPON THE DEATH OF A MEMBER WHO

16 HAS AN OPTION 2 ELECTION IN FORCE, THE MEMBER'S BENEFICIARY SHALL

17 IMMEDIATELY RECEIVE A RETIREMENT ALLOWANCE COMPUTED ACCORDING

18 TO SECTION 292.23, EXCLUSIVE OF SUBSECTION (B) THEREOF, IN THE SAME

19 MANNER IN ALL RESPECTS AS IF THE MEMBER HAD RETIRED UNDER AN OPTION ,

20 2 ELECTION THE DAY PRECEDING THE DATE OF THE MEMBER'S DEATH,

21 NOTWITHSTANDING THAT THE MEMBER MIGHT NOT HAVE ATTAINED THE AGE

22 OF 58 YEARS. IF A MEMBER HAS AN OPTION 2 ELECTION AND NOMINATION OF

Approved as to form:

Brigham Smith, City Attorney


Dated:
51
DRAFT NO. 1
12/20/10

1 BENEFICIARY IN FORCE AT THE TIME OF RETIREMENT, THEN THE MEMBER'S

2 ELECTION OF OPTION 2 AND NOMINATION OF BENEFICIARY SHALL THEREAFTER

3 CONTINUE IN FORCE. HOWEVER, WITHIN 60 DAYS PRECEDING THE DATE OF

4 RETIREMENT, THE MEMBER SHALL HAVE THE RIGHT TO ELECT TO TAKE A

5 RETIREMENT ALLOWANCE AS A STRAIGHT LIFE RETIREMENT ALLOWANCE OR

6 UNDER ANOTHER OPTION 2 AS PROVIDED IN SECTION 292.31. NO RETIREMENT

7 ALLOWANCE SHALL BE PAID UNDER THIS SECTION ON ACCOUNT OF THE DEATH

8 OF A MEMBER IF ANY BENEFITS ARE PAYABLE OR ARE TO BE PAYABLE UNDER

9 SECTION 292.33 ON ACCOUNT OF THE MEMBER'S DEATH.

10 FOR BENEFIT ACCRUAL PURPOSES, A MEMBER WHO DIES OR BECOMES

11 DISABLED WHILE PERFORMING QUALIFIED MILITARY SERVICE AS DEFINED IN

12 IRC SECTION 414(U) SHALL BE CONSIDERED TO HAVE RETURNED AS AN

13 EMPLOYEE ON THE DAY PRECEDING THE MEMBER'S DEATH OR DISABILITY, AND

14 TO HAVE TERMINATED AS AN EMPLOYEE ON THE DATE OF THE MEMBER'S

15 DEATH OR DISABILITY BECAUSE OF A NON-DUTY DEATH OR NON-DUTY

16 DISABILITY. THE AMOUNT OF EMPLOYEE CONTRIBUTIONS WHICH MUST BE

17 MADE ACCORDING TO § 292.20 OF THIS CHAPTER FOR AN EMPLOYEE TREATED

18 AS REEMPLOYED BECAUSE OF THE MEMBER'S DEATH OR DISABILITY

19 RESULTING FROM PERFORMANCE OF QUALIFIED MILITARY SERVICE SHALL BE

20 DETERMINED ON THE BASIS OF THE MEMBER'S AVERAGE ACTUAL EMPLOYEE

21 CONTRIBUTIONS FOR THE LESSER OF: (A) 12 MONTH PERIOD OF SERVICE AS AN

22 EMPLOYEE IMMEDIATELY PRIOR TO THE MEMBER'S QUALIFIED MILITARY

Approved as to form:

Brigham Smith, City Attorney


Dated:
52
DRAFT NO. 1
12/20/10

1 SERVICE, OR (B) IF SERVICE IS LESS THAN 12 MONTHS, THE ACTUAL LENGTH OF

2 CONTINUOUS SERVICE.

3 292.35. NONDUTY DEATH BENEFITS; OPTIONAL PROVISION.

4 ANY MEMBER WHO CONTINUES AS AN EMPLOYEE ON OR AFTER THE DATE THE

5 MEMBER ACQUIRES EIGHT YEARS OF CREDITED SERVICE, AND DOES NOT HAVE

6 AN OPTION 2 ELECTION IN FORCE, AS PROVIDED IN SECTION 292.34, AND DIES

7 WHILE AN EMPLOYEE, THE SURVIVING SPOUSE SHALL IMMEDIATELY RECEIVE A

RETIREMENT ALLOWANCE COMPUTED ACCORDING TO SECTION 292.23,

9 EXCLUSIVE OF SUBSECTION (B) THEREOF, AS IF SUCH MEMBER HAD RETIRED

10 EFFECTIVE THE DAY PRECEDING THE DATE OF HIS OR HER DEATH. NO

11 RETIREMENT ALLOWANCE SHALL BE PAID UNDER THIS SECTION ON ACCOUNT

12 OF THE DEATH OF A MEMBER IF ANY BENEFITS ARE PAYABLE OR ARE TO BE

13 PAYABLE UNDER SECTION 292.33 ON ACCOUNT OF THE MEMBER'S DEATH.

14

15

16 292.36. RETURN OF ACCUMULATED CONTRIBUTIONS.

17 (A) IF A MEMBER CEASES TO BE AN EMPLOYEE BEFORE HE OR SHE HAS

18 SATISFIED THE AGE AND SERVICE REQUIREMENTS FOR RETIREMENT, AS

19 PROVIDED IN SECTION 292.22, AND IS NOT OTHERWISE ENTITLED TO A

20 RETIREMENT ALLOWANCE, THEN HE OR SHE SHALL BE PAID HIS OR HER

21 ACCUMULATED CONTRIBUTIONS STANDING TO HIS OR HER CREDIT IN THE

Approved as to form:

Brigham Smith, City Attorney


Dated:
53
DRAFT NO. 1
12/20/10

1 EMPLOYEES' SAVINGS FUND, UPON HIS OR HER DEMAND IN WRITING TO THE

2 BOARD ON FORMS FURNISHED BY THE BOARD.

3 (B) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, IF A MEMBER DIES

4 BEFORE HIS OR HER RETIREMENT BECOMES EFFECTIVE, THEN HIS OR HER

5 ACCUMULATED CONTRIBUTIONS STANDING TO HIS OR HER CREDIT IN THE

6 EMPLOYEES' SAVINGS FUND AT THE TIME OF HIS OR HER DEATH SHALL BE PAID

7 TO SUCH PERSON OR PERSONS AS HE OR SHE HAD NAMED BY WRITTEN

8 DESIGNATION DULY EXECUTED AND FILED WITH THE BOARD. IF THERE IS NO

9 SUCH DESIGNATED PERSON SURVIVING THE DECEASED MEMBER, THEN HIS OR

10 HER ACCUMULATED CONTRIBUTIONS SHALL BE PAID TO HIS OR HER LEGAL

11 REPRESENTATIVE, SUBJECT TO SUBSECTION (C) HEREOF.

12 (C) IF A MEMBER DIES WITHOUT HEIRS AND WITHOUT HAVING NOMINATED A

13 BENEFICIARY, THEN HIS OR HER ACCUMULATED CONTRIBUTIONS STANDING TO

14 HIS OR HER CREDIT IN THE EMPLOYEES' SAVINGS FUND AT THE TIME OF HIS OR

15 HER DEATH MAY BE USED TO PAY HIS OR HER BURIAL EXPENSE, NOT TO

16 EXCEED A REASONABLE SUM TO BE DETERMINED BY THE BOARD, PROVIDED

17 THAT HE OR SHE LEAVES NO OTHER ESTATE SUFFICIENT FOR SUCH PURPOSE.

18 (D) PAYMENT OF REFUNDS OF ACCUMULATED CONTRIBUTIONS MAY BE MADE

19 IN INSTALLMENTS ACCORDING TO SUCH RULES AND REGULATIONS AS THE

20 BOARD MAY, FROM TIME TO TIME, ADOPT.

21 (E) IF A MEMBER WHO TERMINATES EMPLOYMENT ELECTS A REFUND OF

22 CONTRIBUTIONS AND:

Approved as to form:

Brigham Smith, City Attorney


Dated:
.54
DRAFT NO.1
12/20/10

1 (1) SOME OR ALL OF THE REFUND IS ELIGIBLE FOR ROLLOVER TREATMENT AS

2 DEFINED BY THE INTERNAL REVENUE SERVICE; AND

3 (2) ELECTS TO HAVE SUCH ELIGIBLE DISTRIBUTION PAID DIRECTLY TO AN

4 ELIGIBLE RETIREMENT PLAN OR IRA; AND

5 (3) SPECIFIES THE ELIGIBLE RETIREMENT PLAN OR IRA TO WHICH SUCH

6 DISTRIBUTION IS TO BE PAID IN SUCH FORM AND AT SUCH TIME AS THE

7 DISTRIBUTING PLAN ADMINISTRATION MAY PRESCRIBE.

8 THE DISTRIBUTION WILL BE MADE IN THE FORM OF A DIRECT TRUSTEE-TO-

9 TRUSTEE TRANSFER TO THE SPECIFIED ELIGIBLE RETIREMENT PLAN.

10 292.37. TRANSFERS OF ASSETS.

11 (A) FOR EACH EMPLOYEE WHO ELECTS TO TERMINATE MEMBERSHIP IN THE

12 RETIREMENT SYSTEM, PURSUANT TO SECTION 292.14(B)(6), A LUMP SUM

13 AMOUNT WILL BE TRANSFERRED FROM THE RETIREMENT SYSTEM TO A

14 SUCCESSOR RETIREMENT PLAN QUALIFIED UNDER SECTION 401(A) OF THE

15 INTERNAL REVENUE CODE. THE AMOUNT TRANSFERRED SHALL BE THE SUM OF:

16 (1) THE ACCUMULATED CONTRIBUTIONS STANDING TO THE MEMBER'S

17 ACCOUNT IN THE EMPLOYEES SAVINGS FUND, THE TOTAL AMOUNT OF WHICH

18 SHALL BE TRANSFERRED FROM THE EMPLOYEES SAVINGS FUND; AND

19 (2) THE EXCESS, IF ANY, OF THE FUNDED PORTION OF THE MEMBER'S

20 ACTUARIAL PRESENT VALUE OF CREDITED PROJECTED BENEFITS, AS OF THE

21 DATE OF MEMBERSHIP TERMINATION, OVER THE AMOUNT SPECIFIED IN

22 SUBSECTION (A) HEREOF. SUCH EXCESS SHALL BE TRANSFERRED FROM THE

Approved as to form:

Brigham Smith, City Attorney


Dated:
55
DRAFT NO. 1
12/20/10

1 PENSION ACCUMULATION FUNDS. THE FUNDED PORTION SHALL BE

2 DETERMINED BY THE DECEMBER 31, 1989, ANNUAL ACTUARIAL VALUATION, AS

3 PREPARED BY THE RETIREMENT SYSTEM'S ACTUARY.

4 (B) UPON TRANSFER OF THE ABOVE AMOUNTS, THE EMPLOYEE SHALL WAIVE

5 ALL RIGHTS TO A PENSION, ANNUITY, RETIREMENT ALLOWANCE OR RETURN OF

6 THE ACCUMULATED CONTRIBUTIONS FROM THE RETIREMENT SYSTEM.

7 292.38. EMPLOYEES' SAVINGS FUND.

8 (A) THERE IS HEREBY ESTABLISHED AN EMPLOYEES' SAVINGS FUND. IN IT

9 SHALL BE ACCUMULATED, AT INTEREST ON THE CONTRIBUTIONS DEDUCTED

10 FROM THE MEMBER'S COMPENSATION, AND FROM IT SHALL BE MADE

11 TRANSFERS AND REFUNDS OF ACCUMULATED CONTRIBUTIONS, AS PROVIDED

12 IN THIS CHAPTER.

13 (1) TEAMSTER 580, IF A MEMBER OF THE RETIREMENT SYSTEM PURSUANT TO

14 SECTION 292.14(D), SHALL CONTRIBUTE 5.5 PERCENT OF HIS OR HER WAGES TO

15 THE EMPLOYEES' SAVINGS FUND ON OR AFTER OCTOBER 1, 2003.

16 (2) TEAMSTER 580, IF A MEMBER OF THE RETIREMENT SYSTEM ON SEPTEMBER

17 30, 2003, SHALL CONTRIBUTE 3.5 PERCENT OF HIS OR HER WAGES TO THE

18 EMPLOYEES' SAVINGS FUND ON OR AFTER OCTOBER 1, 2003.

19 (3) EXEMPT, EXECUTIVE MANAGEMENT PLAN, TEAMSTER 214, MAYORAL STAFF

20 AND COUNCIL STAFF, IF A MEMBER OF THE RETIREMENT SYSTEM PURSUANT TO

21 SECTION 292.14(D), SHALL CONTRIBUTE 6.5 PERCENT OF HIS OR HER WAGES TO

22 THE EMPLOYEES' SAVINGS FUND ON OR AFTER OCTOBER 1, 2003.

Approved as to form:

Brigham Smith, City Attorney


Dated:
56
DRAFT NO. 1
12/20/10

1 (4) EXEMPT, EXECUTIVE MANAGEMENT PLAN, TEAMSTER 214, MAYORAL STAFF

2 AND COUNCIL STAFF, IF A MEMBER OF THE RETIREMENT SYSTEM ON

3 SEPTEMBER 30, 2003, SHALL CONTRIBUTE 3.75 PERCENT OF HIS OR HER WAGES

4 TO THE EMPLOYEES' SAVINGS FUND ON OR AFTER OCTOBER 1, 2003.

5 (5) DISTRICT COURT EXEMPT AND DISTRICT COURT TEAMSTER, IF A MEMBER

6 OF THE RETIREMENT SYSTEM PURSUANT TO SECTION 292.14(E), SHALL

7 CONTRIBUTE 5.5 PERCENT OF HIS OR HER WAGES TO THE EMPLOYEES' SAVINGS

8 FUND ON OR AFTER DECEMBER 1, 2003.

9 (6) DISTRICT COURT TEAMSTER, IF A MEMBER OF THE RETIREMENT SYSTEM ON

10 NOVEMBER 30, 2003, SHALL CONTRIBUTE 3.50 PERCENT OF HIS OR HER WAGES

11 TO THE EMPLOYEES' SAVINGS FUND ON OR AFTER DECEMBER 1, 2003.

12 (7) DISTRICT COURT EXEMPT, IF A MEMBER OF THE RETIREMENT SYSTEM ON

13 NOVEMBER 30, 2003, SHALL CONTRIBUTE 4.5 PERCENT OF HIS OR HER WAGES TO

14 THE EMPLOYEES' SAVINGS FUND ON OR AFTER DECEMBER 1, 2003.

15 (8) BEGINNING WITH THE FIRST PAY DATE ON OR AFTER MAY 1, 2001, FOP 911

16 OPERATORS' DIVISION EMPLOYEES SHALL CONTRIBUTE 6.75 PERCENT OF THEIR

17 WAGES TO THE EMPLOYEES' SAVING FUND.

18 (9) BEGINNING WITH THE FIRST PAY DATE ON OR AFTER MARCH 1, 2001, UAW

19 EMPLOYEES SHALL CONTRIBUTE 1.70 PERCENT OF THEIR WAGES TO THE

20 EMPLOYEES' SAVING FUND.

21 (B) THE DIRECTOR OF FINANCE, OR OTHER OFFICER RESPONSIBLE FOR MAKING

22 THE PAYROLL, SHALL CAUSE THE CONTRIBUTIONS PROVIDED IN SUBSECTION

Approved as to form:

Brigham Smith, City Attorney


Dated:
57
DRAFT NO. 1
12/20/10

1 (B) HEREOF TO BE DEDUCTED FROM THE COMPENSATION OF EACH MEMBER ON

2 EACH AND EVERY PAYROLL, FOR EACH AND EVERY PAYROLL PERIOD, SO LONG

3 AS THE MEMBER REMAINS EMPLOYED BY THE CITY OR THE DISTRICT COURT.

4 (C) THE CONTRIBUTIONS PROVIDED FOR HEREIN SHALL BE MADE REGARDLESS

5 OF THE FACT THAT THE MINIMUM COMPENSATION PROVIDED BY LAW FOR ANY

6 MEMBER SHALL BE CHANGED THEREBY. EVERY MEMBER SHALL BE DEEMED TO

7 CONSENT AND AGREE TO THE DEDUCTIONS MADE AND PROVIDED FOR HEREIN.

8 PAYMENT OF THE MEMBER'S COMPENSATION LESS SUCH DEDUCTIONS SHALL

9 BE A FULL AND COMPLETE DISCHARGE AND ACQUITTANCE OF ALL CLAIMS AND

10 DEMANDS WHATSOEVER FOR THE SERVICES RENDERED BY SUCH PERSON

11 DURING THE PERIOD COVERED BY SUCH PAYMENTS, EXCEPT AS TO BENEFITS

12 PROVIDED UNDER THIS CHAPTER. WHEN DEDUCTED, THE CONTRIBUTIONS OF

13 EACH MEMBER SHALL BE PAID TO THE RETIREMENT SYSTEM AND SHALL BE

14 CREDITED TO THE MEMBER'S INDIVIDUAL ACCOUNT IN THE EMPLOYEES'

15 SAVINGS FUND.

16 (D) IN ADDITION TO THE CONTRIBUTIONS DEDUCTED FROM COMPENSATION OF

17 A MEMBER AS HEREINBEFORE PROVIDED, A MEMBER SHALL, IN ORDER TO

18 QUALIFY FOR PRIOR SERVICE CREDIT, DEPOSIT IN THE EMPLOYEES' SAVINGS

19 FUNDS, BY SINGLE PAYMENT OR BY AN INCREASED RATE OF CONTRIBUTION AS

20 DETERMINED BY THE BOARD, THE ACCUMULATED CONTRIBUTIONS, IF ANY,

21 WHICH THE MEMBER WITHDREW THEREFROM, TOGETHER WITH REGULAR

22 INTEREST FROM THE DATE OF WITHDRAWAL TO THE DATE OF REPAYMENT.

Approved as to form:

Brigham Smith, City Attorney


Dated:
58
DRAFT NO. 1
12/20/10

1 REPAYMENT SHALL BE MADE IN ACCORDANCE WITH RULES WHICH THE BOARD

2 SHALL FROM TIME TO TIME DETERMINE. THE RULES (1) SHALL NOT REQUIRE

3 FULL REPAYMENT PRIOR TO THE DATE WHICH IS ONE YEAR FOLLOWING THE

4 DATE OF RENEWED MEMBERSHIP, AND (2) SHALL PERMIT FULL REPAYMENT TO

5 EXTEND BEYOND THE DATE WHICH IS FOUR YEARS FOLLOWING THE DATE OF

RENEWED MEMBERSHIP, OR FOLLOWING THE EFFECTIVE DATE OF THIS

7 AMENDMENT, WHICHEVER IS LATER. IF A MEMBER DIES PRIOR TO COMPLETION

8 OF REPAYMENT AND LEAVES A SPOUSE, THEN THE SPOUSE MAY PAY THE

9 BALANCE DUE WITHIN 60 DAYS OF THE MEMBER'S DEATH. IN NO CASE SHALL

10 ANY MEMBER BE GIVEN CREDIT FOR SERVICE RENDERED PRIOR TO THE DATE

11 HE OR SHE WITHDREW THE ACCUMULATED CONTRIBUTIONS, UNTIL HE OR SHE

12 REPAYS TO THE EMPLOYEES' SAVINGS FUND ALL AMOUNTS DUE SUCH FUND BY

13 THE MEMBER.

14 (E) UPON THE RETIREMENT OF A MEMBER, HIS OR HER ACCUMULATED

15 CONTRIBUTIONS SHALL BE TRANSFERRED FROM THE EMPLOYEES' SAVINGS

16 FUND TO THE RETIREMENT RESERVE FUND. AT THE EXPIRATION OF A PERIOD OF

17 FIVE YEARS FROM AND AFTER THE DATE AN EMPLOYEE CEASES TO BE A

18 MEMBER, ANY BALANCE STANDING TO THE MEMBER'S CREDIT IN THE

19 EMPLOYEES' SAVINGS FUND, UNCLAIMED BY SUCH MEMBER OR THE MEMBER'S

20 LEGAL REPRESENTATIVE, SHALL REMAIN A PART OF THE MONEYS OF THE

21 RETIREMENT SYSTEM IF NO RETIREMENT ALLOWANCE WILL BECOME PAYABLE

Approved as to form:

Brigham Smith, City Attorney


Dated:
59
DRAFT NO.1
12/20/10

1 UNDER THIS CHAPTER ON ACCOUNT OF THE MEMBER'S SERVICE AS AN

2 EMPLOYEE.

3 292.39. RETIREMENT RESERVE FUND.

4 THERE IS HEREBY ESTABLISHED A RETIREMENT RESERVE FUND. FROM IT SHALL

5 BE PAID ALL ANNUITIES AND PENSIONS PAYABLE, AS PROVIDED IN THIS

6 CHAPTER. IF A DISABILITY RETIREE RETURNS AS AN EMPLOYEE, THE

7 DISABILITY RETIREE'S RESERVE COMPUTED AS OF THE DATE OF HIS OR HER

8 RETURN SHALL BE TRANSFERRED FROM THE RETIREMENT RESERVE FUND TO

9 THE EMPLOYEES' SAVINGS FUND AND SHALL BE CREDITED TO THE MEMBER'S

10 INDIVIDUAL ACCOUNT THEREIN AND THE MEMBER'S PENSION RESERVE AT THE

11 TIME SHALL BE TRANSFERRED TO THE PENSION ACCUMULATION FUND. AS OF

12 EACH DECEMBER 31, AFTER RECEIPT OF THE ANNUAL ACTUARIAL VALUATION,

13 THE BALANCE IN THE RETIREMENT RESERVE FUND SHALL BE BROUGHT INTO

14 BALANCE WITH THE ACTUARIAL PRESENT VALUE OF RETIREMENT

15 ALLOWANCES TO BE PAID AFTER DECEMBER 31 TO ALL RETIREES AND

16 BENEFICIARIES IN RECEIPT OF RETIREMENT ALLOWANCES AT DECEMBER 31.

17 292.40. PENSION ACCUMULATION FUND.

18 THERE IS HEREBY ESTABLISHED A PENSION ACCUMULATION FUND. IN IT SHALL

19 BE ACCUMULATED RESERVES FOR THE PAYMENT OF PENSIONS AND OTHER

20 BENEFITS PAYABLE FROM CONTRIBUTIONS MADE BY THE CITY. UPON THE

21 BASIS OF SUCH MORTALITY AND OTHER TABLES OF EXPERIENCE, AND

22 INTEREST, AS THE BOARD OF TRUSTEES FROM TIME TO TIME ADOPTS, THE

Approved as to form:

Brigham Smith, City Attorney


Dated:
60
DRAFT NO. 1
12/20/10

1 ACTUARY SHALL ANNUALLY COMPUTE THE PENSION RESERVES FOR PENSIONS

2 BEING PAID TO RETIREES AND BENEFICIARIES, AND COVERING SERVICE"

3 RENDERED AND TO BE RENDERED BY MEMBERS. THE PORTION OF THE PENSION

4 RESERVES NOT FINANCED BY MEMBERS' CONTRIBUTIONS SHALL BE FINANCED

5 BY ANNUAL APPROPRIATIONS, TO BE MADE BY CITY COUNCIL, DETERMINED

6 ACCORDING TO PARAGRAPHS (1), (2) AND (3) HEREOF.

7 (1) THE APPROPRIATIONS FOR MEMBERS CURRENT SERVICE SHALL BE A

8 PERCENTAGE OF THEIR ANNUAL COMPENSATION THAT WILL PRODUCE AN

9 AMOUNT WHICH, IF PAID ANNUALLY BY THE CITY DURING THEIR FUTURE

10 SERVICE, WILL BE SUFFICIENT TO PROVIDE THE RESERVES, AT THE TIME OF THE

11 MEMBERS RETIREMENTS, FOR THE PENSION PORTIONS OF THE RETIREMENT

12 ALLOWANCES TO BE PAID THEM BASED UPON THEIR FUTURE SERVICE.

13 (2) THE APPROPRIATIONS FOR MEMBERS ACCRUED SERVICE SHALL BE A

14 PERCENTAGE OF THEIR ANNUAL COMPENSATION THAT WILL PRODUCE AN

15 AMOUNT TO BE DETERMINED BY THE BOARD WHICH, IF PAID ANNUALLY BY

16 THE CITY OVER A PERIOD OF YEARS, WILL AMORTIZE, AT REGULAR INTEREST,

17 THE UNFUNDED PENSION RESERVES, IF ANY, FOR THE ACCRUED SERVICE

18 PORTIONS OF THE RETIREMENT ALLOWANCES TO WHICH THE MEMBERS MIGHT

19 BE ENTITLED.

20 (3) THE APPROPRIATIONS FOR PENSIONS AND RETIREMENT ALLOWANCES

21 BEING PAID TO RETIREES AND BENEFICIARIES SHALL BE A PERCENTAGE OF THE

22 ANNUAL COMPENSATION OF MEMBERS THAT WILL PRODUCE AN AMOUNT, TO

Approved as to form:

Brigham Smith, City Attorney


Dated:
61
DRAFT NO.1
12/20/10

1 BE DETERMINED BY THE BOARD, WHICH, IF PAID ANNUALLY BY THE CITY OVER

2 A PERIOD OF YEARS, WILL AMORTIZE, AT INTEREST, THE UNFUNDED PENSION

3 RESERVES, IF ANY, FOR RETIREMENT ALLOWANCES BEING PAID TO RETIREES

4 AND BENEFICIARIES.

5 292.41. MEMBERS BENEFIT FUND.

6 THE MEMBERS BENEFIT FUND IS HEREBY CREATED FOR THE PURPOSE OF

7 FUNDING THE POST-RETIREMENT HEALTH INSURANCE BENEFITS PROVIDED IN

SECTION 292.42. NOTWITHSTANDING THE PROVISIONS OF SECTION 292.49, THE

9 MEMBERS BENEFIT FUND SHALL BE CREDITED INVESTMENT INCOME AT A RATE

10 CONSISTENT WITH THE METHOD USED TO DETERMINE THE ACTUARIAL VALUE

11 OF ASSETS IN THE ANNUAL ACTUARIAL REPORT. EACH JULY 1, AN AMOUNT

12 EQUAL TO THREE-EIGHTHS OF THE FIRST EIGHT PERCENT INVESTMENT INCOME

13 THAT IS CREDITED TO THE MEMBERS' BENEFIT FUND THE PREVIOUS CALENDAR

14 YEAR SHALL BE TRANSFERRED FROM THE MEMBERS BENEFIT FUND TO THE

15 HEALTH INSURANCE FUND, FOR PURPOSES OF FUNDING THE RETIREE HEALTH

16 INSURANCE BENEFITS PROVIDED IN SECTION 292.42.

17 292.42. HEALTH INSURANCE FUND.

18 THE HEALTH INSURANCE FUND IS HEREBY CREATED TO RECEIVE

19 CONTRIBUTIONS FOR POST-RETIREMENT HEALTH INSURANCE BENEFITS. CITY

20 CONTRIBUTIONS, AS SPECIFIED IN THIS SECTION, FOR POST-RETIREMENT

21 HEALTH INSURANCE BENEFITS, INCLUDING DENTAL INSURANCE AND

22 MEDICARE REIMBURSEMENT BENEFITS, SHALL BE CREDITED TO THE HEALTH

Approved as to fonn:

Brigham Smith, City Attorney


Dated:
62
DRAFT NO. 1
12/20/10

1 INSURANCE FUND. TRANSFERS FROM THE MEMBERS BENEFIT FUND, AS

2 SPECIFIED IN SECTION 292.41, SHALL BE CREDITED TO THE HEALTH INSURANCE

3 FUND. NOTWITHSTANDING THE PROVISIONS OF SECTION 292.49, THE HEALTH

4 INSURANCE FUND SHALL BE CREDITED INVESTMENT INCOME AT A RATE

5 CONSISTENT WITH THE METHOD USED TO DETERMINE THE ACTUARIAL VALUE

6 OF ASSETS IN THE ANNUAL ACTUARIAL REPORT. PREMIUMS OR CHARGES, AS

7 SPECIFIED IN THIS SECTION, FOR POST-RETIREMENT HEALTH INSURANCE

8 BENEFITS, INCLUDING DENTAL INSURANCE AND MEDICARE REIMBURSEMENT

BENEFITS, SHALL BE PAID FROM THE HEALTH INSURANCE FUND.

10 (1) THE CITY'S ANNUAL CONTRIBUTION TO THE HEALTH INSURANCE FUND

11 EQUAL THE SUM OF THE ACTUARIALLY COMPUTED NORMAL COST FOR THE

12 YEAR PLUS AN AMORTIZATION OF THE CUMULATIVE NET ACTUARIAL GAINS

13 AND LOSSES ARISING FROM THE EXPERIENCE OF ACTIVE MEMBERS, USING AN

14 AMORTIZATION PERIOD ADOPTED BY THE BOARD OF TRUSTEES FOR THIS

15 PURPOSE. HOWEVER, IN NO CASE SHALL THE CITY'S ANNUAL CONTRIBUTION TO

16 THE HEALTH INSURANCE FUND EXCEED THE LIMITATION IMPOSED BY IRC

17 SECTION 401(H) AND THE REGULATIONS THEREUNDER. THE AMOUNT, IF ANY, BY

18 WHICH THE CONTRIBUTION MUST BE REDUCED, IN ORDER TO COMPLY WITH

19 THE LIMITATION IMPOSED BY IRC SECTION 401(H), SHALL INSTEAD BE

20 CONTRIBUTED TO A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION

21 ESTABLISHED BY THE CITY FOR THIS PURPOSE.

Approved as to form:

Brigham Smith, City Attorney


Dated:
63
DRAFT NO. 1
12/20/10

1 (2) EACH YEAR, A PORTION OF THE PREMIUMS OR CHARGES FOR POST-

2 RETIREMENT HEALTH INSURANCE BENEFITS, INCLUDING DENTAL INSURANCE

3 AND MEDICARE REIMBURSEMENT BENEFITS, MAY BE PAID FROM THE HEALTH

4 INSURANCE FUND ON BEHALF OF ELIGIBLE RETIREES AND BENEFICIARIES OF

5 THE RETIREMENT SYSTEM IN ACCORDANCE WITH THE APPLICABLE COLLECTIVE

6 BARGAINING AGREEMENTS AND PERSONNEL RULES OF THE CITY. EXCEPT FOR

7 RETIREES WHO BECOME ELIGIBLE PURSUANT TO SECTION 292.14(D) OR SECTION

8 292.14(E), THE PORTION OF THE PREMIUMS OR CHARGES THAT WILL BE PAID

9 FROM THE HEALTH INSURANCE FUND IS A PERCENTAGE OF SUCH PREMIUMS OR

10 CHARGES PAID ON BEHALF OF PERSONS WITH RETIREMENT EFFECTIVE DATES

11 ON OR AFTER JANUARY 1, 1998. THE PERCENTAGE SHALL BE FOUR PERCENT IN

12 THE FISCAL YEAR BEGINNING JULY 1, 1998, INCREASING FOUR PERCENT EACH

13 YEAR THEREAFTER UNTIL IT REACHES 100 PERCENT FOR FISCAL YEARS

14 BEGINNING ON OR AFTER JULY 1, 2022. THE AMOUNT OF PREMIUMS OR CHARGES

15 PAID FROM THE HEALTH INSURANCE FUND SHALL BE REDUCED BY THE

16 AMOUNT, IF ANY, PAID FROM A VOLUNTARY EMPLOYEES BENEFICIARY

17 ASSOCIATION ESTABLISHED BY THE CITY FOR THIS PURPOSE.

18 NOTWITHSTANDING THE METHOD SPECIFIED IN THIS SUBSECTION TO COMPUTE

19 THE PORTION OF THE PREMIUMS OR CHARGES THAT ARE PAID FROM THE

20 HEALTH INSURANCE FUND, THE FUND BALANCE OF THE HEALTH INSURANCE

21 FUND AT ANY POINT IN TIME IS RESERVED TO SUPPORT THE POST RETIREMENT

22 HEALTH INSURANCE BENEFITS, INCLUDING DENTAL INSURANCE AND

Approved as to form:

Brigham Smith, City Attorney


Dated:
64
DRAFT NO.1
12/20/10

1 MEDICARE REIMBURSEMENT BENEFITS, OF ALL ELIGIBLE RETIREES AND

2 BENEFICIARIES OF THE RETIREMENT SYSTEM REGARDLESS OF RETIREMENT

3 EFFECTIVE DATE.

4 (3) NOTWITHSTANDING THE CREATION OR MAINTENANCE WITHIN THE

5 RETIREMENT SYSTEM OF THE HEALTH INSURANCE FUND, THIS SECTION IS NOT

6 TO BE CONSTRUED OR DEEMED TO HAVE ESTABLISHED OR REMOVED ANY

7 BENEFITS, FINANCIAL OR OTHERWISE, WHICH ARE SUBJECT TO ARTICLE IX,

8 SECTION 24 OF THE 1963 CONSTITUTION OF THE STATE OF MICHIGAN. THE

9 CREATION AND MAINTENANCE OF THE HEALTH INSURANCE FUND SHALL NOT

10 PRECLUDE THE CITY FROM GIVING CONSIDERATION TO AND IMPLEMENTING

11 COST CONTAINMENT MEASURES AS PROVIDED BY LAW. INSTEAD, THE PURPOSE

12 OF THIS SECTION IS TO PUT IN PLACE A MECHANISM FOR THE ADVANCE

13 FUNDING OF POST-RETIREMENT HEALTH INSURANCE BENEFITS FOR ELIGIBLE

14 RETIREES, AND NOT, APART FROM THE ADVANCE FUNDING OBLIGATION, TO

15 GRANT ADDITIONAL RIGHTS OR TO TAKE AWAY ANY RIGHTS WHICH ELIGIBLE

16 RETIREES MAY ALREADY HAVE.

17 292.43. RETIREMENT HEALTH CARE.

18 EMPLOYEES, WHO ARE IN COUNCIL STAFF, MAYORAL STAFF, EXEMPT,

19 EXECUTIVE MANAGEMENT PLAN, TEAMSTER 580, TEAMSTER 214, DISTRICT

20 COURT TEAMSTER AND DISTRICT COURT EXEMPT BARGAINING UNITS AND

21 EMPLOYEE GROUP CLASSIFICATIONS, AND WHO BECOME A MEMBER PURSUANT

22 TO SECTION 292.14(D) OR SECTION 292.14(E), SHALL BE ENTITLED TO

Approved as to form:

Brigham Smith, City Attorney


Dated:
65
DRAFT NO. 1
12/20/10

1 RETIREMENT HEALTH CARE, WITH SPOUSAL BENEFITS IN THE CASE OF A

2 MEMBER'S DEATH, ACCORDING TO THE REQUIREMENTS AND FUNDING AS SET

3 FORTH IN CHAPTER 293, AND APPLICABLE PERSONNEL RULES AND COLLECTIVE

4 BARGAINING AGREEMENTS. THE RETIREMENT HEALTH CARE BENEFITS

5 PROVIDED MAY BE CHANGED FROM TIME TO TIME TO BE CONSISTENT WITH

6 HEALTH CARE PLANS AVAILABLE TO ACTIVE CITY EMPLOYEES IN THE

7 BARGAINING UNIT OR EMPLOYEE GROUP CLASSIFICATION THAT THE MEMBER

8 WAS IN AT THE TIME OF HIS OR HER RETIREMENT.

9 292.44. ADMINISTRATIVE AND INVESTMENT EXPENSES OF SYSTEM.

10 ADMINISTRATIVE EXPENSES OF THE RETIREMENT SYSTEM SHALL BE PAID BY

11 THE CITY FROM THE GENERAL FUND, UNLESS THEY ARE RELATED TO

12 INVESTMENT OF FUND ASSETS, IN WHICH CASE INVESTMENT EXPENSES SHALL

13 BE PAID FROM INVESTMENT PROCEEDS. EXPENSES RELATED TO THE

14 INVESTMENT OF FUND ASSETS SHALL INCLUDE, BUT NOT BE LIMITED TO, FEES

15 FOR SERVICES OF OUTSIDE INVESTMENT MANAGERS, BANK CUSTODIANS AND

16 INVESTMENT PERFORMANCE EVALUATORS.

17 292.45. APPROPRIATIONS.

18 THE BOARD OF TRUSTEES SHALL CERTIFY THE AMOUNTS OF APPROPRIATIONS

19 NECESSARY TO PAY INTO THE VARIOUS FUNDS OF THE RETIREMENT SYSTEM,

20 AS ENUMERATED IN THIS CHAPTER, ACCORDING TO LEGAL BUDGET

21 PROCEDURE.

22 292.46. USE OF FUNDS.

Approved as to form:

Brigham Smith, City Attorney


Dated:
66
DRAFT' NO. 1
12/20/10

1 ALL FUNDS OF THE RETIREMENT SYSTEM SHALL BE HELD FOR THE SOLE

2 PURPOSE OF MEETING DISBURSEMENTS FOR PENSIONS, RETIREMENT

3 ALLOWANCES AND OTHER PAYMENTS AUTHORIZED BY THIS CHAPTER AND

4 SHALL BE USED FOR NO OTHER PURPOSE. THE CREDITING OF MONEYS TO THE

5 VARIOUS FUNDS OF THE SYSTEM SHALL BE INTERPRETED TO REFER TO

6 ACCOUNTING PROCEDURES AND NOT TO THE ACTUAL SEGREGATION OF

7 MONEYS IN THE VARIOUS FUNDS OF THE SYSTEM.

8 THE FUNDS SHALL BE HELD AND ADMINISTERED FOR THE EXCLUSIVE PURPOSE

9 OF PROVIDING BENEFITS TO THE MEMBERS AND THEIR BENEFICIARIES AND

10 DEFRAYING REASONABLE EXPENSES OF THE RETIREMENT SYSTEM. THE ENTIRE

11 AMOUNT OF ALL MONEYS PAID INTO THE FUND SHALL CONSTITUTE AN

12 IRREVOCABLE CONTRIBUTION BY THE CITY, AND THE CITY SHALL HAVE NO

13 FURTHER RIGHTS OR CLAIMS TO SAID FUNDS OTHER THAN SUCH AMOUNTS AS

14 REMAIN IN THE FUNDS UPON THE RETIREMENT SYSTEM'S TERMINATION

15 BECAUSE OF ERRONEOUS ACTUARIAL COMPUTATIONS AFTER THE

16 SATISFACTION OF ALL FIXED AND CONTINGENT OBLIGATIONS TO THE

17 MEMBERS AND THEIR BENEFICIARIES. A BALANCE DUE TO AN ERRONEOUS

18 ACTUARIAL COMPUTATION SHALL MEAN ANY SURPLUS ARISING BECAUSE

19 ACTUAL REQUIREMENT DIFFERED FROM EXPECTED REQUIREMENTS BASED ON

20 PREVIOUS ACTUARIAL VALUATIONS OF LIABILITIES OR DETERMINATION OF

21 COSTS OF PROVIDING PENSION BENEFITS UNDER THE RETIREMENT SYSTEM IN

22 ACCORDANCE WITH REASONABLE ASSUMPTIONS AS TO MORTALITY, INTEREST,

Approved as to form:

Brigham Smith, City Attorney


Dated:
67
DRAFT NO. 1
12/20/10

1 AND THE LIKE, AND CORRECT PROCEDURES RELATING TO THE METHOD OF

2 FUNDING, ALL AS MADE BY THE CITY UPON AND WITH THE ADVICE OF AN

3 ACTUARY. NOTWITHSTANDING THE FOREGOING, ANY CONTRIBUTIONS MADE

4 BY THE CITY BY A MISTAKE OF FACT SHALL BE RETURNED TO THE CITY, UPON

5 ITS REQUEST, WITHIN ONE YEAR AFTER SUCH CONTRIBUTION WAS MADE.

6 292.47. MANAGEMENT OF RETIREMENT SYSTEM ASSETS.

7 THE BOARD OF TRUSTEES SHALL BE THE TRUSTEES OF THE ASSETS OF THE

8 RETIREMENT SYSTEM AND SHALL HAVE FULL POWER TO INVEST AND REINVEST

9 SUCH ASSETS, SUBJECT TO M.C.L.A. 38.1132 ET SEQ., AS AMENDED. THE BOARD

10 SHALL HAVE FULL POWER TO HOLD, PURCHASE, SELL, ASSIGN, TRANSFER AND

11 DISPOSE OF ANY SECURITIES IN WHICH ANY OF THE MONEYS OF THE SYSTEM

12 HAVE BEEN INVESTED, AS WELL AS THE PROCEEDS OF SUCH INVESTMENTS AND

13 ANY MONEYS BELONGING TO THE SYSTEM. THE BOARD SHALL HAVE THE

14 POWER TO PURCHASE NOTES, BONDS OR OTHER OBLIGATIONS OF THE CITY

15 BEFORE OR AFTER THE SAME ARE OFFERED TO THE PUBLIC, WITH OR WITHOUT

16 ADVERTISING FOR BIDS.

17 292.48. PROHIBITED GAIN FROM SYSTEM INVESTMENTS.

18 EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, NO TRUSTEE, OFFICER OR

19 EMPLOYEE OF THE RETIREMENT SYSTEM SHALL HAVE ANY INTEREST, DIRECT

20 OR INDIRECT, IN THE GAINS OR PROFITS FROM ANY INVESTMENTS MADE BY THE

21 BOARD OF TRUSTEES. NO SUCH PERSON, DIRECTLY OR INDIRECTLY, FOR

22 HIMSELF OR HERSELF OR AS AN AGENT OR PARTNER OF OTHERS, SHALL

Approved as to form:

Brigham Smith, City Attorney


Dated:
68
DRAFT NO.1
12/20/10

1 BORROW ANY OF THE MONEYS OR DEPOSITS OF THE SYSTEM OR IN ANY

2 MANNER USE THE SAME, EXCEPT TO MAKE SUCH CURRENT AND NECESSARY

3 PAYMENTS AS ARE AUTHORIZED BY THE BOARD. NO SUCH PERSON SHALL

4 BECOME AN ENDORSER OR SURETY OR BECOME IN ANY MANNER AN OBLIGOR

5 FOR ANY MONEYS LOANED BY OR BORROWED FROM THE SYSTEM.

6 292.49. ALLOWANCE AND CREDIT OF INTEREST.

7 THE BOARD OF TRUSTEES ANNUALLY SHALL ALLOW AND CREDIT INTEREST ON

8 THE MEAN BALANCE IN EACH OF THE FUNDS OF THE RETIREMENT SYSTEM FOR

9 THE PRECEDING YEAR. INTEREST TO BE CREDITED MEMBERS' INDIVIDUAL

10 BALANCES IN THE EMPLOYEES' SAVINGS FUND SHALL BE COMPUTED ON SUCH

11 BALANCES AT THE BEGINNING OF THE CALENDAR YEAR AND SHALL BE

12 CREDITED AT THE END OF THE CALENDAR YEAR. AMOUNTS SO ALLOWED AND

13 CREDITED SHALL BE PAID FROM THE INCOME FUND.

14 292.50. CUSTODIAN OF FUNDS; METHOD OF PAYMENT.

15 THE CITY TREASURER SHALL BE THE CUSTODIAN OF THE FUNDS OF THE

16 RETIREMENT SYSTEM. ALL PAYMENTS FROM SUCH FUNDS SHALL BE MADE

17 ONLY UPON REGULAR CITY VOUCHERS SIGNED BY TWO PERSONS DESIGNATED

18 BY THE BOARD OF TRUSTEES. NO SUCH VOUCHER SHALL BE DRAWN UNLESS IT

19 HAS BEEN PREVIOUSLY AUTHORIZED BY A SPECIFIC OR CONTINUING

20 RESOLUTION ADOPTED BY THE BOARD.

21 292.51. PICKUP OF MEMBER CONTRIBUTIONS.

Approved as to form:

Brigham Smith, City Attorney


Dated:
69
DRAFT NO. 1
12/20/10

1 THE CITY SHALL, FOR TAX PURPOSES, PICK UP, PURSUANT TO IRC SECTION

2 414(H)(2), MEMBER CONTRIBUTIONS THIS CHAPTER REQUIRES. THE

3 CONTRIBUTIONS SO PICKED UP SHALL BE TREATED AS EMPLOYER

4 CONTRIBUTIONS TO DETERMINE TAX TREATMENT UNDER THE IRC. A MEMBER

5 DOES NOT HAVE THE OPTION OF RECEIVING THE PICKED-UP MEMBER

6 CONTRIBUTIONS IN CASH INSTEAD OF HAVING THEM PAID INTO THE

7 RETIREMENT SYSTEM.

292.52. PROHIBITED ASSIGNMENTS.

THE RIGHT OF A PERSON TO A PENSION OR RETIREMENT ALLOWANCE, TO THE

10 RETURN OF ACCUMULATED CONTRIBUTIONS, TO THE PENSION OR RETIREMENT

11 ALLOWANCE ITSELF, TO ANY OPTIONAL BENEFITS, AND TO ANY OTHER RIGHT

12 ACCRUING TO ANY PERSON UNDER THIS CHAPTER, AND THE MONEYS OF THE

13 RETIREMENT SYSTEM, SHALL BE UNASSIGNABLE AND SHALL NOT BE SUBJECT

14 TO EXECUTION, GARNISHMENT, ATTACHMENT, THE OPERATION OF

15 BANKRUPTCY OR INSOLVENCY LAW OR ANY OTHER PROCESS OF LAW, EXCEPT

16 AS IS SPECIFICALLY PROVIDED IN THIS CHAPTER OR MICHIGAN LAW.

17 292.53. CORRECTION OF ERRORS.

18 IF ANY CHANGE OR ERROR IN THE RECORDS RESULTS IN ANY MEMBER, RETIREE

19 OR BENEFICIARY RECEIVING FROM THE RETIREMENT SYSTEM MORE OR LESS

20 THAN HE OR SHE WOULD HAVE BEEN ENTITLED TO RECEIVE HAD THE RECORDS

21 BEEN CORRECT, THE BOARD OF TRUSTEES SHALL CORRECT SUCH ERROR, AND,

22 AS FAR AS PRACTICAL, SHALL ADJUST THE PAYMENT IN SUCH A MANNER THAT

Approved as to form:

Brigham Smith, City Attorney


Dated:
70
DRAFT NO.1
12/20/10

1 THE ACTUARIAL EQUIVALENT OF THE BENEFIT TO WHICH SUCH MEMBER,

2 RETIREE OR BENEFICIARY WAS CORRECTLY ENTITLED SHALL BE PAID.

3 292.54. APPLICATION OF RECIPROCAL RETIREMENT ACT.

4 AS TO THE RETIREMENT SYSTEM, THE CITY IS HEREBY DECLARED TO BE AND IS

5 MADE A RECIPROCAL UNIT OF GOVERNMENT UNDER AND SUBJECT TO

6 MICHIGAN PUBLIC ACT 88 OF 1961, AS AMENDED, WHICH PUBLIC ACT IS HEREBY

7 ADOPTED AND MADE A PART OF THIS CHAPTER.

8 292.55. FALSIFICATION; VIOLATIONS.

9 NO PERSON, WITH INTENT TO DECEIVE, SHALL MAKE ANY STATEMENT OR

10 REPORT REQUIRED UNDER THIS CHAPTER WHICH IS UNTRUE, OR FALSIFY OR

11 PERMIT TO BE FALSIFIED ANY RECORD OF THE RETIREMENT SYSTEM, OR

12 OTHERWISE VIOLATE, WITH INTENT TO DECEIVE, ANY OF THE PROVISIONS OF

13 THIS CHAPTER.

14 292.56. BENEFIT LIMITATIONS AND REQUIRED DISTRIBUTIONS.

15 (A) BENEFITS PAID UNDER THE RETIREMENT SYSTEM SHALL NOT EXCEED THE

16 LIMITATIONS OF IRC SECTION 415, AS AMENDED, THE PROVISIONS OF WHICH

17 ARE HEREBY INCORPORATED BY REFERENCE.

18 (B) NOTWITHSTANDING ANY PROVISIONS IN THIS CHAPTER TO THE CONTRARY,

19 THE DISTRIBUTION OF BENEFITS SHALL BE IN ACCORDANCE WITH THE

20 FOLLOWING REQUIREMENTS AND OTHERWISE COMPLY WITH IRC SECTION

21 401(A)(9), AS AMENDED, AND THE REGULATIONS THEREUNDER, THE PROVISIONS

22 OF WHICH ARE INCORPORATED HEREIN BY REFERENCE:

Approved as to form:

Brigham Smith, City Attorney


Dated:
71
DRAFT NO. 1
12/20/10

1 (1) A MEMBER'S BENEFIT SHALL BE DISTRIBUTED TO HIM/HER NOT LATER THAN

2 APRIL 1ST OF THE CALENDAR YEAR FOLLOWING THE LATER OF (1) THE

3 CALENDAR YEAR IN WHICH THE MEMBER ATTAINS AGE 70 1/2 OR, (2 THE

4 CALENDAR YEAR IN WHICH THE MEMBER RETIRES. ALTERNATELY,

5 DISTRIBUTIONS TO A MEMBER MUST BEGIN NO LATER THAN THE APPLICABLE

6 APRIL 1ST AS DETERMINED UNDER THE PRECEDING SENTENCE AND MUST BE

7 MADE OVER THE LIFE OF THE MEMBER OR THE LIFE EXPECTANCIES OF THE

8 MEMBER AND THE MEMBER'S DESIGNATED BENEFICIARY IN ACCORDANCE

WITH IRC SECTION 401(A)(9) AND THE REGULATIONS THEREUNDER.

10 (2) DISTRIBUTIONS TO A MEMBER AND HIS/HER BENEFICIARY SHALL ONLY BE

11 MADE IN ACCORDANCE WITH THE INCIDENTAL DEATH BENEFIT REQUIREMENTS

12 OF IRC SECTION 401(A)(9)(G) AND THE REGULATIONS THEREUNDER.

13 292.98. DEFINED CONTRIBUTION PLAN.

14 THE CITY OF LANSING EMPLOYEES MONEY PURCHASE PENSION PLAN IS HEREBY

15 CONFIRMED AS A RETIREMENT PLAN OF THE CITY OF LANSING FOR ALL

16 EMPLOYEES AND ELECTED OFFICIALS OF THE CITY WHO ARE MEMBERS OF

17 THAT PLAN PURSUANT TO COLLECTIVE BARGAINING AGREEMENTS, PERSONNEL

18 RULES OR DETERMINATIONS OF THE ELECTED OFFICERS COMPENSATION

19 COMMISSION.

20 292.99. PRIOR CHAPTER 292, EMPLOYEES' RETIREMENT SYSTEM.

Approved as to form:

Brigham Smith, City Attorney


Dated:
72
DRAFT NO. 1
12/20/10

1 THE PRIOR CHAPTER 292 EMPLOYEES' RETIREMENT SYSTEM IS ATTACHED

2 HERETO AS APPENDIX A TO PROVIDE HISTORICAL CONTEXT FOR THE CURRENT

3 EMPLOYEES' RETIREMENT SYSTEM PROVISIONS.

4 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

5 inconsistent with the provisions hereof are hereby repealed.

6 Section 3. Should any section, clause or phrase of this ordinance be declared to be

7 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

8 other than the part so declared to be invalid.

9 Section 4. This ordinance shall take effect on the 30th day after enactment unless given

10 immediate effect by City Council.

11

Approved as to form:

Brigham Smith, City Attorney


Dated:
73
6838451.4 26005/1 1 8235
BY COUNCILMEMBER ERIC HEWITT
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Martha Jane (Briggs) Dee was born to Bernard and Thena Briggs on June
12, 1939 in Lansing, where she spent her childhood, graduating from Eastern High
School in 1957; and

WHEREAS, she retired from the State of Michigan as a Legal Secretary in 2002 and
served on the Michigan Association of Governmental Employees; and

WHEREAS, Martha Dee was always active in the Lansing community working with the
Association for the Bingham Community for over 17 years, most currently as their
Secretary, and was a member of the Eastside Neighborhood Organization for over 25
years, where she served as Treasurer and as a representative on the Executive Board;
and

WHEREAS, she was also a board member of the Allen Neighborhood Center for six
years, and most recently Treasurer of the Baker-Donora Center Board as well as
President of Caring Active Residents (CARS); and

WHEREAS, Martha worked diligent with the Senior groups planning holiday meals and
the informational coffee at Baker-Donora Focus Center and Allen Neighborhood Center;
and

WHEREAS, in 2000, Martha was nominated by the Association for Bingham Community
for the Bea Christy Award; and

WHEREAS, Martha loved traveling and crafting, including cross-stitch, needlepoint, and
knitting; and

WHEREAS, Martha's care and concern for her family, neighborhood, and the City of
Lansing was demonstrated by her generous giving spirit;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wish to
extend its deepest condolences to her daughter, Deborah King, son-in-law Randy King,
and grandsons, Donald Dee and John King. She will be dearly missed by all.
BY THE COMMITTEE ON PERSONNEL
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Committee on Personnel established a selection process for


hiring the City Council Legislative Office Manager, Level 34; and

WHEREAS, the Committee on Personnel held interviews on Wednesday,


November 17, 2010 and recommends Karen Hulett for the position of the City
Council Legislative Office Manager;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,


appoints Karen Hulett for the position of the City Council Legislative Office
Manager, Level 34, Step 2.
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the City of Lansing, through the Human Relations and Community Services
Department, will be hosting the 30 th Annual Memorial Observance of Dr. Martin Luther
King, Jr. on January 13, 2011, entitled, "The Legacy Lives on Through Action"; and

WHEREAS, this day should be a day of participation, wherein all citizens contribute
something positive to their community in keeping with Dr. King's lifelong work toward
peace, justice, and equality; and

WHEREAS, Dr. Martin Luther King, Jr. Day honors the life and contributions of
America's greatest champion of racial justice and equality, the leader who not only
dreamed of a color-blind society but who also led a movement that achieved historic
reforms to help make it a reality; and

WHEREAS, Dr. King's "beloved community" was not a lofty utopian goal to be confused
with the rapturous image of the Peaceable Kingdom, in which lions and lambs coexist in
idyllic harmony. Rather, the "beloved community" was for him a realistic, achievable
goal that could be attained by a critical mass of people committed to and trained in the
philosophy and methods of nonviolence;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes
to congratulate the Human Relations and Community Services Department on their 30 th
Annual Memorial Observance of Dr. Martin Luther King and encourages all residents of
the City of Lansing to share in Dr. King's dream and work toward justice, good will, and
brotherhood for all people.
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Old Town Lansing was selected as one of the 2011 Great American Main
Street Awards semifinalists; and

WHEREAS, the economic health and cultural vibrancy of Old Town Lansing is crucial to
the overall well-being of the City of Lansing; and

WHEREAS, the City of Lansing wholeheartedly supports and materially participates in


efforts to revitalize Old Town Lansing; and

WHEREAS, the Main Street revitalization efforts in Old Town Lansing represent
community, passion, perseverance, and entrepreneurial spirit;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, fully
supports this entry into the Great American Main Street Awards competition.
Chris Swope
Lansing City Clerk

January 7, 2011

City Council President Robinson and Lansing City Council Members


10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and Council Members:

On January 3, 2011, my office received and placed on file the following:

Tri-County Regional Planning Commission's Audit Report for Fiscal Year 2010

This document is available for review at the office of the City Clerk and on the City Clerk's
website (www.lansingmi.gov/clerk).

Sincerely,

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAX
www.lansingmi.gov/clerk • clerk@lansingmi.gov
V1

OFFICE OF THE MAYOR


9th Floor, City Hall .
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: January 6, 2011

RE: Resolution-Traffic Control Order- Manley Drive and Wabash Road

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

January 4, 2011

Honorable Virg Bernero


and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933

Re: Traffic Control Request: Manley Drive and Wabash Road

Dear Mayor Bernero:

The Transportation Section of Public Service's Engineering Department conducted an investigation to


determine traffic control requirements at the intersection of Manley Drive and Wabash Road.
Attached is the Report from Secretary 10-014 detailing the findings from the Transportation Section.

Also attached is Traffic Control Order 10-037, authorizing the installation of this traffic control, and a
resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E.


Secretary

Attachments: RFS 10-014


Resolution
TCO 10-037

"Equal Opportunity Employer"


BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Transportation Section of the Public Service Department's Engineering


Division conducted a study of the roadway conditions to determine traffic control
requirements at the intersection of Manley Drive and Wabash Road; and

WHEREAS, based upon the results of this study, the Transportation Section
recommends the installation of a stop sign on Manley Drive at the intersection of
Wabash Road; and

WHEREAS, based upon the results of this study, the Traffic Board is forwarding an
affirmative but unofficial recommendation concurring with the Transportation and
Parking Office to install a stop sign on Wabash Road at the intersection of Manley
Drive; and

WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office; and

WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; and

WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 10-037, thereby authorizing the Transportation Engineer to install a
stop sign on Manley Drive at the intersection of Wabash Road;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-037 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate sign is installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-037

FILE: Manley Drive and Wabash Road

In accordance with Ordinance Number 761 as amended, an investigation of the traffic


conditions on Manley Drive and Wabash Road has been made; and as a result of said
investigation, it is hereby directed that:

All southbound traffic on MANLEY DRIVE shall be required to stop prior to entering the
intersection at WABASH ROAD.

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a

APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:

ISSUED BY: DATE:

Andrew Kilpatrick, P.E.


Transportation Engineer

RECEIVED FOR FILING: SIGNED BY:

Date Chris Swope


City Clerk

DATE OF FILING WITH CITY CLERK:


June 14, 2010

REPORT FROM THE SECRETARY #10-014

TRAFFIC CONTROL REQUEST: MANLEY DRIVE AND WABASH ROAD

The Transportation and Parking Office conducted an investigation to determine sight


distance and traffic control requirements at the intersection of Manley Drive and
Wabash Road. This study was conducted in response to a request made by an area
resident and as part of the program to investigate all uncontrolled intersections in the
city.

The intersection of Manley Drive and Wabash Road is a residential three-leg


intersection. Manley Drive is approximately six blocks long beginning at Forest Road
and ending at Wabash Road. Manley Drive is 22 feet wide in this area with unrestricted
parking. Wabash Road is eight blocks long beginning at Aurelius Road and ending east
of Leawood Drive. Wabash Road is 22 feet wide in this area with unrestricted parking.

A safe approach speed study was performed and revealed a safe approach speed of
eighteen (18) miles per hour due to the large pine trees in the northeast quadrant of the
intersection. This critical safe approach speed applies to vehicles traveling westbound
and southbound into the intersection.

A review of the traffic crash records for this intersection indicates there have been no
reported crashes from January 1, 2005 to December 31, 2009.

The Transportation and Parking Office recommends installing a stop sign on Manley
Drive at Wabash Road due to the safe approach speed and to eliminate right-of-way
confusion at this intersection.

Traffic Board Action Date:


Passed: Declined:

File: Manley Dr and VVabash Rd


Document in Unnamed .
1
June 14, 2010

REPORT FROM THE SECRETARY #10-014

TRAFFIC CONTROL REQUEST: MANLEY DRIVE AND WABASH ROAD

LOCATION DIAGRAM

FOREST RD.

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J W

W W
w Z

Q
N W

HAMELON ST.

° NARRAGANSET DR
^o
ca

o FIRESIDE DR.
(r° ROBINSON RD.

U 0
Proposed o
Traffic o
Control
\ ^ J

WABASH RD

CD-WABASH RD.

Traffic Board Action Date:


Passed: Declined:

File: Manley Dr and Wabash Rd


Document in Unnamed
2
tg',l 6 i+

OFFICE OF THE MAYOR


9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
'(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: January 6, 2011

RE: Resolution-Traffic Control Order - Mount Hope Ave. and Aurelius Road

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

January 4, 2011

Honorable Virg Bernero


and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933

Re: Lane Reconfiguration Request: Mount Hope Avenue east of Aurelius Road

Dear Mayor Bernero:

The Transportation Section of Public Service's Engineering Department reviewed vehicle capacity and
lane use along Mount Hope Avenue east of Aurelius Road to the eastern city limits. Attached is the
Report from Secretary 10-017 detailing the findings from the Transportation Section.

Also attached is Traffic Control Order 10-038, authorizing the installation of this traffic control, and a
resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E.


Secretary

Attachments: RFS 10-017


Resolution
TCO 10-03 8

"Equal Opportunity Employer"


BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Transportation Section of the Public Service Department's Engineering


Division conducted a study of the roadway characteristics on Mount Hope Avenue
between Aurelius Road and the eastern city limits; and

WHEREAS, Mount Hope Avenue is currently overdesigned for the existing and
anticipated traffic volume; and

WHEREAS, the Transportation Section has identified potential safety improvements


along Mount Hope Avenue between Aurelius Road and the eastern city limits; and

WHEREAS, the Transportation Section mailed twenty-two (22) surveys to the property
owners along Mount Hope Avenue between Aurelius Road and the eastern city limits;
and

WHEREAS, the survey requested input as to reconfiguring the roadway to include one
travel and a bike lane in each direction and a center turn lane; and

WHEREAS, nine (9) surveys, or 40.9%, were returned with comment and six (6) were
returned undeliverable; and

WHEREAS, of the surveys returned seven (7) or 77.8% of the property owners were in
favor of converting Mount Hope Avenue from east of Aurelius Road to the east city
limits from four lanes to three lanes and bike lanes; and

WHEREAS, based upon results of the study and survey the Transportation Section
recommends reconfiguring Mount Hope Avenue from east of Aurelius Road to the east
city limits from four lanes to three lanes and bike lanes; and

WHEREAS, the Traffic Board is forwarding an affirmative but unofficial recommendation


concurring with the Transportation Section's recommendation to reconfigure Mount
Hope Avenue; and

WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office; and

WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; and

WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic

1
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Control Order No. 10-038, thereby authorizing the Transportation Engineer to


reconfigure Mount Hope Avenue from East of Aurelius Road to the east city limits from
four lanes to three lanes and bike lanes and install appropriate signs as necessary to
regulate the changes;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-038 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate signs are installed.

2
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-038

FILE: Mount Hope Avenue east of Aurelius Road to East City Limits

In accordance with Ordinance Number 761 as amended, an investigation of the traffic


conditions on Mount Hope Avenue from 290 feet east of Aurelius Road to the east City
Limits has been made; and as a result of said investigation, it is hereby directed that:

The curb lanes on MOUNT HOPE AVENUE shall be for bicycle use only. The center
lane on MOUNT HOPE AVENUE shall operate as a two-way left-turn lane.

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a

APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:

ISSUED BY: DATE:

Andrew Kilpatrick, P.E.


Transportation Engineer

RECEIVED FOR FILING: SIGNED BY:

Date Chris Swope


City Clerk

DATE OF FILING WITH CITY CLERK:


July 16, 2008

REPORT FROM THE SECRETARY #10-017

ROADWAY RECONFIGURATION REQUEST: MOUNT HOPE AVENUE

The Transportation Section of the Public Service Department's Engineering Division


received a request from a property owner on Mount Hope Avenue to review the existing
traffic characteristics on Mount Hope Avenue between Aurelius Road and the eastern
city Limits.

Mount Hope Avenue is an east/west roadway that begins at Moores River Drive and
continues to the east to the east City limits. Mount Hope Avenue is approximately 44
feet wide with curb and gutter from Aurelius Road to the east City limits. The road was
striped for two 11 foot travel lanes in each direction with the exception of the left turn,
through and right turn lanes east of Aurelius Road. Parking is prohibited along both
sides of Mount Hope Avenue between Aurelius Road and the east City limits:

The Transportation section has reviewed the traffic characteristics of Mount Hope
Avenue and has identified two geometric configurations that are feasible within the
available pavement width.

The configurations are: 1) keep the current four lane cross section or 2) change the
configuration to a three lane cross section (one lane in each direction) with a paved
shoulder.
The engineering advantages of the four lane cross section are: 1) the ability to carry
more traffic and 2) lower delay for eastbound traffic at the intersection of Mt. Hope and
Aurelius.
The engineering advantages of the three lane cross section are: 1) the provision of a
center left turn lane which improves safety, 2) separation of the directions of traffic
which also increases safety, 3) creation of a buffer area between the curb and the travel
lane to access mailboxes and 4) more uniform and potentially slower travel speeds.
Generally, three lane cross sections work well for traffic volumes up to 15,000 -18,000
vehicles per day. The current traffic volume along this section of Mt. Hope Avenue is
approximately 11,000 vehicles per day, similar to Kalamazoo Street which was
converted to three lanes in 1998.

The proposed striping layout would consist of an eleven foot center turn lane, a twelve
foot travel lane for each direction (eastbound and westbound), and a 4.5 foot bike lane
for each direction (eastbound and west bound).

The Transportation section mailed out a survey to property owners along Mount Hope
Avenue between Aurelius Road and the east City limits to gather input regarding the
roadway configuration. Of the twenty-two (22) surveys sent to property owners nine (9)
or 40.9% were returned. Six (6) or 27.3% of the surveys were returned as undeliverable
or vacant and seven (7) or 31.8% of the surveys were not returned.
Traffic Board Action Date:
Passed: Declined:

Document in Unnamed
1
July 16, 2008

REPORT FROM THE SECRETARY #10-017

ROADWAY RECONFIGURATION REQUEST: MOUNT HOPE AVENUE

Of the surveys returned seven (7) or 77.8% of the property owners were in favor of
converting Mount Hope Avenue from east of Aurelius Road to the east City limits from
four lanes to three lanes and bike lanes. Two (2) or 22.2% of the property owners
wanted to retain the four lane cross section.

The Transportation section has reviewed the request and the survey results and
recommends converting Mount Hope Avenue east of Aurelius Road to the east city
limits from four lanes to three lanes and bike lanes.

Traffic Board Action Date:


Passed: Declined:

Document in Unnamed
2
July 16, 2008

REPORT FROM THE SECRETARY #10-017

ROADWAY RECONFIGURATION REQUEST: MOUNT HOPE AVENUE

LOCATION DIAGRAM

Traffic Board Action Date:


Passed: Declined:

Document in Unnamed
3
July 16 ' 20O8

REPORT FROM THE SECRETARY #10-017

ROADWAY RECONFIGURATION REQUEST: MOUNT HOPE AVENUE

PROPOSED TYPICAL STRIPING PLAN

MOUNT HOPE AVENUE

________________________
cerlm Wm one
east bound
travel lane
bike lone e one

-.

MOUNT HOPE AVENUE

-t

.1

Traffic Board Action Date:


Passed: Declined:

Document in Unnamed
4
6;„

OFFICE OF THE MAYOR


9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: January 6, 2011

RE: Resolution-Traffic Control Order-Aragon Drive and Meadowlane Drive

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero; Mayor

January 4, 2011

Honorable Virg Bernero


and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933

Re: Traffic Control Request: Aragon Drive and Meadowlane Drive

Dear Mayor Bernero:

The Transportation Section of Public Service's Engineering Department conducted an


investigation to determine traffic control requirements at the intersection of Aragon drive and
Meadowlane Drive. Attached is the Report from Secretary 10-013 detailing the findings from
the Transportation Section.

Also attached is Traffic Control Order 10-039, authorizing the installation of this traffic control,
and a resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E.


Secretary

Attachments: RFS 10-013


Resolution
TCO 10-039

"Equal Opportunity Employer"


BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Transportation section of the Public Service Department's Engineering


Division conducted a study of the roadway conditions to determine traffic control
requirements at the intersection of Aragon Drive and Meadowlane Drive; and

WHEREAS, based upon the results of this study, the Transportation Section
recommends the installation of stop signs on Meadowlane Drive at the intersection of
Aragon Drive; and

WHEREAS, based upon the results of this study, the Traffic Board is forwarding an
affirmative but unofficial recommendation concurring with the Transportation Section to
install a stop sign on Meadowlane Drive at the intersection of Aragon Drive; and

WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office; and

WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; and

WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 10-039, thereby authorizing the Transportation Engineer to install
stop signs on Meadowlane Drive at the intersection of Aragon Drive;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-039 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate sign is installed.

1
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-039

FILE: Aragon Drive and Meadowlane Drive

In accordance with Ordinance Number 761 as amended, an investigation of the traffic


conditions on Aragon Drive and Meadowlane Drive has been made; and as a result of
said investigation, it is hereby directed that:

All northbound and southbound traffic on MEADOWLANE DRIVE shall be required to


stop prior to entering the intersection at ARAGON DRIVE.

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a

APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:

ISSUED BY: DATE:

Andrew Kilpatrick, P.E.


Transportation Engineer

RECEIVED FOR FILING: SIGNED BY:

Date Chris Swope


City Clerk

DATE OF FILING WITH CITY CLERK:


April 26, 2010

REPORT FROM THE SECRETARY #10-013

TRAFFIC CONTROL REQUEST: ARAGON DRIVE AND MEADOWLANE DRIVE

The Transportation Section of The Public Services Engineering Department conducted


an investigation to determine sight distance and traffic control requirements at the
intersection of Aragon Drive and Meadowlane Drive. This study was conducted as part
of the program to investigate all uncontrolled intersections in the city.

The intersection of Aragon Drive and Meadowlane Drive is a residential four-leg


intersection. Aragon Drive is approximately six blocks long beginning at Byrnes Road
and ending at Glencoe Way. Aragon Drive is 21 feet wide in this area with unrestricted
parking. Meadowlane Drive is eight blocks long beginning at Delta River Drive and
ending at Tecumseh River Road. Meadowlane Drive is 22 feet wide in this area with
unrestricted parking.

A safe approach speed study was performed and revealed a safe approach speed of
thirty four (34) miles per hour (MPH) due to the large shrubs in the planter in the
southeast quadrant of the intersection. This critical safe approach speed applies to
vehicles traveling westbound and northbound into the intersection.

A review of the traffic crash records for this intersection indicates there has been one
reported crash from January 1, 2005 to December 31, 2009. This crash was an angle
type crash and occurred on November 3, 2007. This type of crash is potentially
correctable with the installation of traffic control at the intersection.

The Transportation Section recommends installing stop signs on Meadowlane Drive at


Aragon Drive to eliminate right-of-way confusion at this intersection.

Traffic Board Action Date:


Passed: Declined:

File: Aragon Dr & Meadowlane Dr


Document in Unnamed
1
April 26, 2010

REPORT FROM THE SECRETARY #10-013

TRAFFIC CONTROL REQUEST: ARAGON DRIVE AND MEADOWLANE DRIVE

LOCATION DIAGRAM

RD.

0
a
z
0
0.'
C-]

ARAGON DR.

GLENCOE

zz
PROPOSED
TRAFFIC
0 CONTROL

F\

Traffic Board Action Date:


Passed: Declined:
File: Aragon Dr & Meadowlane Dr
Document in Unnamed
2
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-039

FILE: Aragon Drive and Meadowlane Drive

In accordance with Ordinance Number 761 as amended, an investigation of the traffic


conditions on Aragon Drive and Meadowlane Drive has been made; and as a result of
said investigation, it is hereby directed that:

All northbound and southbound traffic on MEADOWLANE DRIVE shall be required to


stop prior to entering the intersection at ARAGON DRIVE.

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a

APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:

ISSUED BY: DATE:

Andrew Kilpatrick, P.E.


Transportation Engineer

RECEIVED FOR FILING: SIGNED BY:

Date Chris Swope


City Clerk

DATE OF FILING WITH CITY CLERK:


OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: January 6, 2011

RE: Resolution-Traffic Control Order-Cherry Street and Hillsdale Street

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

January 4, 2011

Honorable Virg Bernero


and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933

Re: Traffic Control Request: Cherry Street and Hillsdale Street

Dear Mayor Bernero:

The Transportation Section of Public Service's Engineering Department conducted an


investigation to determine traffic control requirements at the intersection of Cherry Street and
Hillsdale Street. Attached is the Report from Secretary 10-008 detailing the findings from the
Transportation Section.

Also attached is Traffic Control Order 10-040, authorizing the installation of this traffic control,
and a resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E.


Secretary

Attachments: RFS 10-008


Resolution
TCO 10-040

"Equal Opportunity Employer"


BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Transportation Section of the Public Service Department's Engineering


Division conducted a study of the roadway conditions to determine traffic control
requirements at the intersection of Cherry Street and Hillsdale Street; and

WHEREAS, based upon the results of this study, the Transportation Section
recommends the upgrading the existing yield signs on Hillsdale Street to stop signs at
the intersection of Cherry Street and Hillsdale Street; and

WHEREAS, based upon the results of this study, the Traffic Board is forwarding an
affirmative but unofficial recommendation concurring with the Transportation Section to
install stop signs on Hillsdale Street at the intersection of Cherry Street; and

WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office; and

WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; and

WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 10-040, thereby authorizing the Transportation Engineer to install
stop signs on Hillsdale Street at the intersection of Cherry Street;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-040 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate sign is installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-040

FILE: Cherry Street and Hillsdale Street

In accordance with Ordinance Number 761 as amended, an investigation of the traffic


conditions on Cherry Street and Hillsdale Street has been made; and as a result of said
investigation, it is hereby directed that:

All eastbound and westbound traffic on HILLSDALE STREET shall be required to stop
prior to entering the intersection at CHERRY STREET.
February 3, 2010

REPORT FROM THE SECRETARY #10-008

TRAFFIC CONTROL REQUEST: CHERRY STREET AND HILLSDALE STREET

The Transportation Section of the Public Service Department's Engineering Division


conducted an investigation to determine sight distance and traffic control requirements
at the intersection of Cherry Street and Hillsdale Street. This study was conducted as
part of a city-wide study to evaluate yield controlled four leg intersections.

The intersection of Cherry Street and Hillsdale Street is a residential four-leg


intersection, currently controlled with yield signs on Hillsdale Street. Cherry Street is
three (3) blocks long beginning at East Kalamazoo Street and ending at East Saint
Joseph Street. Cherry Street is 30 feet wide in this area with parking prohibited along
the west side of the street and two (2) hour parking between the hours of 8am and
6pm, Monday through Friday on the east side of the Street. Hillsdale Street is twenty-
two (22) blocks long beginning at South East Street and ending at West Lenawee
Street. Hillsdale Street is 30 feet wide in this area with parking prohibited along the
north side and two (2) hour parking between the hours of 8am and 6pm, Monday
through Friday, along the south side of the street.

A safe approach speed study was performed and revealed a safe approach speed of
fourteen (14) miles per hour due to the house and landscaping in the northwest corner
of the intersection. This critical safe approach speed applies to vehicles traveling
eastbound on Hillsdale Street approaching Cherry Street and vehicles traveling
southbound on Cherry Street approaching Hillsdale Street.

A review of the traffic crash records for this intersection indicates there has been one
reported crash from January 1, 2005 to December 31, 2009. The crash was a right
angle crash (fail to yield) and occurred on December 18, 2008.

The Transportation Section recommends upgrading the existing yield signs on Hillsdale
Street at Cherry Street to stop signs because of the safe approach speed and to
eliminate right-of-way confusion.
February 3, 2010

REPORT FROM THE SECRETARY #10-008

TRAFFIC CONTROL REQUEST: CHERRY STREET AND HILLSDALE STREET

LOCATION DIAGRAM

KALAMAZOO ST.
^/A

LENAWEE ST.

w
>
PROPOSED
STOP SIGN
LOCATIONS 7

HILLSDALE AVE.

ST. JOSEPH ST.

_ - -7-7////
7

2
6v

OFFICE OF THE MAYOR


9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: January 6, 2011

RE: Resolution-Traffic Control Order-Glenrose Ave. and Muskegon Ave

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

November 29, 2010

Honorable Virg Bernero


and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933

Re: Traffic Control Request: Glenrose Avenue and Muskegon Avenue

Dear Mayor Bernero:

The Transportation Section of Public Service Department's Engineering Division conducted an


investigation to determine traffic control requirements at the intersection of Glenrose Avenue and
Muskegon Avenue. Attached is the Report from Secretary 10-012 detailing the findings from the
Transportation Section.

Also attached is Traffic Control Order 10-041, authorizing the installation of this traffic control, and a
resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E.


Secretary

Attachments: RFS 10-012


Resolution
TCO 10-041

"Equal Opportunity Employer"


BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Transportation Section of the Public Service Department's Engineering


Division conducted a study of the roadway conditions to determine traffic control
requirements at the intersection of Glenrose Avenue and Muskegon Avenue; and

WHEREAS, based upon the results of this study, the Transportation Section
recommends the installation of stop signs on Muskegon Avenue at the intersection of
Glenrose Avenue; and

WHEREAS, based upon the results of this study, the Traffic Board is forwarding an
affirmative but unofficial recommendation concurring with the Transportation Section to
install stop signs on Muskegon Avenue at the intersection of Glenrose Avenue; and

WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office; and

WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; and

WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 10-041, thereby authorizing the Transportation Engineer to install
stop signs on Muskegon Avenue at the intersection of Glenrose Avenue;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-041 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate signs are installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-041

FILE: Glenrose Avenue and Muskegon Avenue

In accordance with Ordinance Number 761 as amended, an investigation of the traffic


conditions on Glenrose Avenue and Muskegon Avenue has been made; and as a result
of said investigation, it is hereby directed that:

All eastbound and westbound traffic on MUSKEGON AVENUE shall be required to stop
prior to entering the intersection at GLENROSE AVENUE.

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a

APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:

ISSUED BY: DATE:

Andrew Kilpatrick, P.E.


Transportation Engineer

RECEIVED FOR FILING: SIGNED BY:

Date Chris Swope


City Clerk

DATE OF FILING WITH CITY CLERK:


February 17, 2010

REPORT FROM THE SECRETARY #10-012

TRAFFIC CONTROL REQUEST: GLENROSE AVENUE AND MUSKEGON AVENUE

The Transportation Section of the Public Service Department's Engineering Division


conducted an investigation to determine sight distance and traffic control requirements
at the intersection of Glenrose Avenue and Muskegon Avenue. This study was
conducted as part of the program to investigate all uncontrolled intersections in the city.

The intersection of Glenrose Avenue and Muskegon Avenue is a residential four-leg


intersection. Glenrose Avenue is five blocks long beginning at Willow Street and
ending at Muskegon Avenue. Glenrose Avenue is 26 feet wide in this area with
unrestricted parking. Muskegon Avenue is approximately four blocks long beginning at
Comfort Street and ending at Robertson Avenue. Muskegon Avenue is a gravel
surfaced street approximately 22 feet wide in this area with unrestricted parking.

A safe approach speed study was performed and revealed a safe approach speed of
sixteen (16) miles per hour due to the house in the southwest quadrant of the
intersection. This critical safe approach speed applies to vehicles traveling eastbound
and northbound into the intersection.

A review of the accident records for this intersection indicates there have been two
reported traffic crashes from January 1, 2005 to December 31, 2009. These crashes
occurred on January 16, 2009 and at December 17, 2008 and were both right angle
crashes. This type of crash is potentially avoidable with the installation of intersection
traffic control.

The Transportation Section recommends the installation of stop signs on Muskegon


Avenue at Glenrose Avenue because of the safe approach speed and to eliminate right-
of-way confusion.

1
February 17, 2010

REPORT FROM THE SECRETARY #10-012

TRAFFIC CONTROL REQUEST: GLENROSE AVENUE AND MUSKEGON AVENUE

LOCATION DIAGRAM

2
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: January 6, 2011

RE: Resolution-Traffic Control Order-Express Court at Holmes Road

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

January 4, 2011

Honorable Virg Bernero


and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933

Re: Intersection Reconfiguration Request: Express Court and Holmes Road

Dear Mayor Bernero:

The Transportation Section of Public Service's Engineering Department reviewed Signal


warrants, accident data, and vehicle movements at the Express Court and Holmes Road
intersection. Attached is the Report from Secretary 10-016 detailing the findings from the
Transportation Section.

Also attached is Traffic Control Order 10-042, authorizing the installation of this traffic control,
and a resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E.


Secretary

Attachments: RFS 10-016


Resolution
TCO 10-042

"Equal Opportunity Employer"


BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Transportation Section of the Public Service Department's Engineering


Division conducted a study of the roadway characteristics on Express Court at Holmes
Road; and

WHEREAS, the Transportation Section reviewed the Express Court and Holmes Road
intersection for signal Warrants; and

WHEREAS, the Transportation Section has determined that the Express court and
Holmes Road intersection does not meet signal warrants; and

WHEREAS, the Transportation Section observed undesirable southbound traffic


characteristics on Express Court at Holmes Road; and

WHEREAS, the Transportation Section has identified safety improvements for


southbound traffic on Express Court at Holmes Road; and

WHEREAS, based upon field observations and data collected the Transportation
Section recommends reconfiguring southbound Express Court to provide a southbound
left-turn lane and a southbound right-turn lane; and

WHEREAS, the Traffic Board is forwarding an affirmative but unofficial recommendation


concurring with the Transportation Section's recommendation to reconfigure Express
Court; and

WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office; and

WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; and

WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 10-042, thereby authorizing the Transportation Engineer to
reconfigure Express Court at Holmes Road from one southbound approach lane to two
southbound approach lanes;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-042 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate signs are installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-042

FILE: Express Court and Holmes Road

In accordance with Ordinance Number 761 as amended, an investigation of the traffic


conditions at the intersection of Express Court and Holmes Road has been made; and
as a result of said investigation, it is hereby directed that:

All southbound traffic in the western most travel lane on EXPRESS COURT shall be
required to stop prior to turning right at the intersection with HOLMES ROAD.

All southbound traffic in the eastern most travel lane on EXPRESS COURT shall be
required to stop and turn left at the intersection with HOLMES ROAD.
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

The City of Lansing Transportation and Parking Office received requests from the
Lansing Charter Academy and the U.S. Postal Office Southwest Carrier Annex located
on Express Court north of Holmes Road. The requests were to investigate issues
related to vehicles making dual left turns onto Holmes Road from Express Court,
difficulty turning left onto Holmes Road, and delays to traffic exiting onto Holmes Road
due to improper lane use. These issues are related primarily to the traffic generated by
the newly constructed Lansing Charter Academy.

EXISTING CONDITIONS

Holmes Road:
Holmes Road is a four lane roadway, two lanes each direction, beginning at Waverly
Road, that develops a center turn lane at Somerset Apartments and continues as five
lanes through the intersection with Martin Luther King, Jr. Boulevard. Holmes Road is
approximately 47 feet wide west of Somerset Drive and approximately 56 feet wide east
of Somerset.

Express Court:
Express Court is located north of Holmes Road between Pleasant Grove Road and
Martin Luther King, Jr. Boulevard. Express Court is approximately 450 feet in length
and 36 feet wide from edge of pavement to edge of pavement. Express Court is one
lane in each direction.

OPERATIONAL CHARACTERISTICS

Holmes Road:
The Transportation and Parking Office and Engineering Division recently made
operational changes to improve the segment of Holmes Road between Waverly Road
and Martin Luther King, Jr. Boulevard.

The Public Service Department recently reconstructed the Holmes Road and Waverly
Road intersection to accommodate a southbound left turn lane from Waverly Road onto
Holmes Road. In addition to the lane modifications, accessible pedestrian ramps and
signal modernizations were implemented.

City Council has approved safety modifications to the Pleasant Grove and Holmes Road
intersection. These modifications include reconfiguring Holmes Road at Pleasant Grove
from four lanes to two lanes and left turn lanes and implementing a protected-
permissive left turn lane and signal timing adjustments. The headed up left-turn lane is
expected to reduce crash severity and the timing modifications are expected to reduce
overall delay to motorists.

1
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

The Public Service Department recently completed a construction project on Holmes


Road between Waverly Road and Pleasant Grove Road which reduced the number of
travel lanes to one travel lane in each direction, incorporated a two-way center left turn
lane, and implemented modified shoulders. These modifications will match the
improvements that were been previously approved for the Holmes Road and Pleasant
Grove Road Intersection.

Daily traffic volumes were collected along Holmes Road in 2010. Daily two-way traffic
volumes were as follows: 12,000 vehicles per day (vpd) just west of the Logan Center
crosswalk; 10,525 vpd east of Pleasant Grove Road; and 8,075 vpd west of Averill
Drive. These volumes indicate a steady decline in traffic since 1997 when Holmes
Road carried 17,950 vpd. The traffic volume on Holmes Road was 15,925 vpd in 1987.

Express Court:
Express Court is one lane in each direction and serves the U.S. Postal Service
Southwest Carrier Annex and Lansing Charter Academy. During field studies of Express
Court, motorists were observed using the outbound lane onto Holmes Road as two
travel lanes. In addition to this, some vehicles were observed attempting to turn left from
the right lane.

Pedestrian volumes were negligible at the intersection of Express Court and Holmes
Road. Although low pedestrian volumes are atypical for areas adjacent schools, a
significant majority of the Lansing Charter Academy's students are dropped off and
picked up by parents.

POTENTIAL MITIGATION MEASURES:

There a several potential solutions that may address the issues raised by the USPS and
Lansing Charter Academy and well at those identified during staff field observations.

Express Court
Restriping Express Court with one acceptance lane and two egress lanes (left only and
right only) and installing a lane use sign on Express Court indicating the proper
movements would permit vehicles to queue side-by side, increasing capacity, and aid in
identifying the proper lane use.

Another potential solution could be to prohibit left turns onto Holmes Road during the
school's peak drop off and pick up times. This change, however, would not be
proposed unless significant operational issues are observed following the
reconfiguration of Express Court.

Express Court/Holmes Road intersection

2
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

The U.S. Post Office indicated concerns about drivers choosing insufficient gaps in
traffic when attempting to turn left onto Holmes Road as well as the potential for rear-
end accidents from vehicles slowing to turn onto Express Court. Two potential solutions
to address these issues were evaluated: 1) installation of a traffic signal and 2)
reconfiguring Holmes Road from four to three lanes.

The installation of a traffic signal would provide Express Court with a green phase
allowing motorists to exit onto Holmes Road while traffic on Holmes Road is stopped.
This would reduce the potential for angle accidents but may increase rear-end accidents
as all eastbound and westbound lanes must stop at the signal.

Recent reconfiguration of the intersection by reducing the number of travel lanes from
two in each direction to one in each direction and incorporating a two-way center left
turn lane should increase safety by reducing the number of through lanes a driver must
cross when making a left turn as well as reducing the number of travel lanes a motorist
must view while choosing the proper gap to make a turn. In addition, removing the left
turning traffic from the though lane reduces the potential for rear end collisions.

ANALYSIS OF POTENTIAL SOLUTIONS

Vehicular turning movement, pedestrian, and traffic volume data were collected in
Spring 2010, while school was in session, at the Express Court and Holmes Road
intersection to determine the most appropriate mitigation measure(s).

Data collected indicate daily traffic volumes approaching the intersection on Holmes
Road are 5175 vehicles eastbound and 5500 vehicles westbound and on Express Court
northbound approach volumes are 725 vehicles.

Manual turning movement counts were also collected at the intersection for the morning
(7:30 AM to 8:30 AM) and afternoon (3:00 PM to 3:45 PM) peak periods in April 2010.
These times coincided with the Lansing Charter Academy's drop-off and pick-up times.
The data collected were input into a traffic analysis program to evaluate motorist delay
to vehicles exiting from Express Court onto Holmes Road. The following table
summarizes the vehicular delay for the existing PM traffic conditions. Data shown in the
table are for the afternoon peak hours only. The morning peak indicated significantly
lower levels of delay and is therefore not shown.

3
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

EXISTING VEHICLE DELAY (PM peak - one SB lane)


VEHICLE DIRECTION DELAY LEVEL OF SERVICE
(seconds/vehicle) (LOS)
Holmes Road
Eastbound Left 3.9 A
Express Court
Southbound 238.1 F

The data above indicate a significant degree of delay to motorists. However, field
observations indicated that motorists were using SB Express Court as two lanes.
Therefore, traffic was evaluated with two southbound lanes on Express Court. The
findings are summarized in the following table.

EXISTING VEHICLE DELAY (PM peak - two SB lanes


VEHICLE DIRECTION DELAY LEVEL OF SERVICE
(seconds/vehicle) (LOS)
Holmes Road
Eastbound Left 3.9 A
Express Court
Southbound Left 145.8 F
Southbound Right 14 B

The data above also indicates that there is a significant delay to motorists exiting onto
Holmes Road from Express Court. Therefore additional analysis with striping
modifications on Holmes Road as one travel lane in each direction and a two-way left
turn lane was conducted. The findings are summarized as follows:

EXISTING VEHICLE DELAY (PM peak - two SB lanes, 3 lanes on Holmes


VEHICLE DIRECTION DELAY LEVEL OF SERVICE
(seconds/vehicle) (LOS)
Holmes Road
Eastbound Left 9.8 A
Express Court
Southbound Left 27.7 D
Southbound Right 21 C

A review of the peak hour data indicates that restriping both Express Court and Holmes
Road improves the delay to southbound left turning motorists by 81%. Restriping the
intersection would provide a significant benefit.
Based on the traffic generated by Lansing Charter Academy a study was conducted to
determine if a school traffic signal is warranted.

4
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

The traffic signal warrants found in the Michigan Manual of Uniform Traffic Control
Devices (MMUTCD) were used to evaluate the need for a traffic signal at the
intersection of Express Court and Holmes Road.

Section 4B of the (MMUTCD) outlines the requirements of a traffic engineering study to


be used as the basis of installation of traffic control signals. There are eight (8)
warrants used to evaluate the need for a traffic control signal.

Warrant 1, Eight-Hour Vehicular Volume

The Minimum Vehicular Volumes, Condition A, is intended for application at locations


where a large volume of intersecting traffic is the principal reason to consider installing a
traffic control signal.

The Interruption of Continuous Traffic, Condition B, is intended for applications at


locations where Condition A is not satisfied and where the traffic volume on a major
street is so heavy that traffic on a minor intersecting street suffers excessive delay or
conflict in entering or crossing the major street.

It is intended that Warrant 1 be treated as a single warrant. If Condition A is satisfied


then the criteria for Warrant 1 is satisfied and Condition B and the combination of
Condition A and Condition B are not needed. Similarly, if Condition B is satisfied, then
the criteria for Warrant 1 is satisfied and Condition A and the combination of Condition A
and Condition B are not needed.

This Warrant was analyzed using the existing traffic volumes and the applicable table
for each condition (see Appendix). The data were evaluated at the 80% level, which
assumes other countermeasures were implemented and found insufficient. Warrant I
was satisfied for only two of the eight hours required by Condition A or Condition B.

Warrant 2, Four-Hour Vehicular Volume

The need for traffic signal control shall be considered if an engineering study finds that,
for each of any four hours of an average day, the plotted points representing the volume
on the major street (total of both approaches) and the corresponding volume on the
higher volume minor-street approach (one direction only) all fall above the applicable
curve in the figure below for the existing combinations of approach lanes. On the minor
street, the higher volume shall not be required to be on the same approach during each
of these four hours.

5
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

Four Hour volume warrant - Major and Minor Streets


for Urban Locations

0 500 1000 1500 2000 2500 3000


Major Street
Vehicles per Hour
Minor Street °° One on both streets
Two or more on one, one street on the other - - - Two or more on both streets

The traffic volumes collected at this intersection do not meet Warrant 2, Four-Hour
Vehicular Volume for any hour of an average day at the intersection of Express Court
and Holmes Road.

Warrant #3, Peak Hour


The Peak-hour Warrant is intended for use at a location where traffic conditions are
such that for a minimum of one hour of an average day, the minor street suffers undue
delay when entering or crossing the major street.

The need for traffic signal control shall be considered if an engineering study finds that
the criteria in either of the following two categories are met:

A. If all three of the following conditions exist for the same hour of an average
day:
i. The total stopped time delay experienced by the traffic on one
minor-street approach (one direction only) controlled by a stop sign
equals or exceeds: four (4) vehicle-hours for a one-lane approach;
or five (5) vehicle-hours for a two-lane approach, and

6
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

ii. The volume on the same minor-street approach (one direction only)
equals or exceeds 100 vehicles per hour for one moving lane of
traffic or 150 vehicles per hour for two moving lanes, and
iii. the total entering volume serviced during the hour equals or
exceeds 650 vehicles per hour for intersections with three
approaches or 800 vehicles per hour for intersections with four or
more approaches

Warrant 3A analysis:

The delay for the two-lane minor street (Express Court) approach is 3.3 vehicle hours.
This does not exceed the required five (5) hours of vehicle delay for a two lane
approach. The maximum volume for the minor street was 174 vehicles per hour, which
exceeds the required 150 vehicles for two moving lanes.

Warrant #3, Peak Hour (Continued)

B. The plotted point representing the vehicles per hour on the major street (total
of both approaches) and the corresponding vehicles per hour on the higher-
volume minor-street approach (one direction only) for 1 hour of an average
day falls above the applicable curve in Figure 4C-3 for the existing
combination of approach lanes.

7
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

Peak Hour volume warrant - Major and Minor Streets


for Urban Locations - Warrant 3B
700

600

500

o
m 400
ma
N
300
2 2.
m
>
200

100 ■


0
0 500 1000 1500 2000 2500 3000
Major Street
■ Minor Street One on both streets
Two or more on one, one on the other - Two or more on both streets

A review of Warrant 3A and the plotted traffic volumes required by Warrant 3B at this
intersection revealed that part i. and no plotted point fell above the graphed line for any
hour of the average day. Warrant 3, peak hour, is not met.

Warrant 4, Pedestrian Volume

The pedestrian activity at the intersection of the Express Court and Holmes Road
intersection was reviewed and was almost non-existent due to the fact that the primary
users expected at this intersection are students. However, most all students are
dropped off and picked up which reflects that the peak hour pedestrian volumes
counted were eleven.

Based on the lack of pedestrian activity at the intersection Warrant 4, Pedestrian


Volume is not satisfied.

Warrant 5, School Crossinq

The School Crossing Warrant does not apply because the intersection does not have
significant pedestrian activity and did not meet the required minimum number of

8
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

students crossing during the peak hour nor is this intersection identified as a school
pedestrian walking route.

Warrant 6, Coordinated Signal System

The Coordinated Signal System Warrant is not applicable. The adjacent signals at
Martin Luther King, Jr. Boulevard and at Pleasant Grove Road should provide sufficient
platooning of traffic.

Warrant 7, Crash Experience

The need for a Traffic Control Signal shall be considered if an engineering study finds
that all of the following criteria are met:

A. Adequate trial of alternatives with satisfactory observance and enforcement has


failed to reduce the crash frequency; and

B. Five or more reported crashes, of types susceptible to correction by a traffic


control signal, have occurred within a 12-month period, each crash involving personal
injury or property damage apparently exceeding the applicable requirements for a
reportable crash; and

C. For each of any 8 hours of an average day, the vehicles per hour (vph) given in
both the 80 percent columns of condition A in Table 4C-1 (see Section 40.02), or the
vph in both of the 80 percent columns of Condition B in Table 4C-1 exists on the major-
street and the high-volume minor street approach, respectively, to the intersection, or
the volume of pedestrian traffic is not less than 80 percent of the requirements in the
Pedestrian Volume warrant. These major-street and minor-street volumes shall be on
the same approach for during each of the 8 hours.

A review of reported traffic crash data for last five years (2005 - 2009) at the
intersection of Express Court and Holmes Road indicated that there have been a total of
three (3) accidents over the last five years. The crash experience at this intersection
has low number of traffic crash with respect to the traffic volumes. Warrant 7, Crash
Experience, is not met.

Warrant 8, Roadway Network

This warrant applies to an intersection of two major routes. The intersection of Express
Court and Holmes Road does not satisfy this requirement.

RECOMMENDATIONS

9
August 3, 2006

REPORT FROM THE SECRETARY #06-017

INTERSECTION RECONFGURATION REQUEST: HOLMES ROAD & EXPRESS COURT

The evaluation conducted by the Transportation and Parking Office indicates that
motorists traveling southbound on Express Court are using this roadway is if two
southbound travel lanes were present. Analysis of this approach indicates that
operation of this approach as two lanes results in a decrease in overall delay for
Express Court traffic of 50 percent when compared to a single lane approach.
Additional analysis indicates the reduction of Holmes Road from four lanes to two
through lanes and a center left turn lane will provide a benefit resulting in a substantial
reduction of approximately 80% in delay to vehicles turning left from Express Court.
Furthermore, reducing the number of lanes on Holmes Road would reduce the potential
for accidents. Evaluation of the operational characteristics of the intersection indicates
that signalization is not warranted at this time.

The Transportation section of the Engineering Division recommends striping Express


Court to provide southbound left and right turn lanes and installing a lane-use-sign to
enhance driver awareness of the movements allowed in each lane.

10
APPENDIX
Condition A - Minimum Vehicular Volume
Number of lanes for moving Vehicles per hour on major street Vehicles per hour on higher-
traffic on each appoach (total of both approaches) volume minor-street approach
(one direction only)
Major Street Minor Street 100%a 80%b 70%a 56%d 100% a 80%b 70%` 56%d
1 1 500 400 350 280 150 120 105 84
2 or more... 1 600 480 420 336 150 120 105 84
2 or more... 2 or more... 600 480 420 336 200 160 140 112
1 2 or more... 500 400 350 280 200 160 140 112

Condition B - Minimum Vehicular Volume


Number of lanes for moving Vehicles per hour on major street Vehicles per hour on higher-
traffic on each appoach (total of both approaches) volume minor-street approach
(one direction only)
Mai or Street Minor Street 100%a 80%b 70%` 56%d 100%a 80%b 70%` 56%d
1 1 750 600 525 420 75 60 53 42
2 or more... 1 900 720 630 504 75 60 53 42
2 or more... 2 or more... 900 720 630 504 100 80 70 56
1 2 or more... 750 600 525 420 100 80 70 56

a Basic minimum hourly volume


b Used for combination of Condition A and B after adequate trial of other remedial measures
`May be used when major-street speed exceeds 40 mph or in an isolated community with a population less than
10,000
dMay be used for a combination of Condition A and B after adequate trial of other remedial measures when major-
street speed exceeds 40 mph or in an isolated community with a population less than 10,000
Express Court / Holmes Road Intersection Traffic Volumes

Main Express Ct. Satisfies


Volumes (highest Condition A
Holmes Rd Holmes Rd Express Ct Clare St (Both approach or B
Hour (EB) (WB) (NB) (SB) Approaches) volume)
01:00 43 55 0 0 98 0 No
02:00 25 32 0 0 57 0 No
03:00 17 24 0 0 41 0 No
04:00 15 18 0 0 33 0 No
05:00 17 16 0 2 33 2 No
06:00 60 40 0 2 100 2 No
07:00 158 83 0 2 241 2 No
08:00 367 271 0 116 638 116 No
09:00 328 242 0 91 570 91 No
10:00 242 186 0 57 428 57 No
11:00 249 236 0 20 485 20 No
12:00 291 295 0 30 586 30 No
13:00 324 314 0 22 638 22 No
14:00 320 333 0 26 653 26 No
15:00 329 411 0 32 740 32 No
16:00 416 468 0 174 884 174 Yes
17:00 361 442 0 65 803 65 Yes
18:00 346 469 0 33 815 33 No
19:00 324 385 0 4 709 4 No
20:00 296 336 0 9 632 9 No
21:00 249 331 0 5 580 5 No
22:00 189 261 0 0 450 0 No
23:00 138 152 0 0 290 0 No
24:00 84 99 0 1 183 1 No
3

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OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: January 6, 2011

RE: Resolution-Traffic Control Order-Museum Drive and City Market Drive

The attached correspondence is forwarded for your review and appropriate action.

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

January 4, 2011

Honorable Virg Bernero


and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933

Re: Parking Regulation Request: Museum Drive/City Market Drive

Dear Mayor Bernero:

The Transportation Section of Public Service's Engineering Department reviewed parking


modifications along City Market Drive (formerly Museum Drive) as a result of construction of the
Lansing City Market. Attached is the Report from Secretary 10-007 detailing the findings from the
Transportation Section.

Also attached is Traffic Control Order 10-005 and 10-006, authorizing the installation of this traffic
control, and a resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E.


Secretary

Attachments: RFS 10-007


Resolution
TCO 10-005
TCO 10-006

"Equal Opportunity Employer"


BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Transportation Section of the Public Service Department's Engineering


Division conducted a study of the parking conditions on Museum Drive and City Market
Drive; and

WHEREAS, a portion of Museum Drive was renamed City Market Drive from the
northern building face of 333 E. Michigan Avenue (Lansing Center) to Cedar Street; and

WHEREAS, City Market drive was reconfigured to provide a ten minute loading and
unloading zone along the north side of City Market Drive adjacent the City Market
developement; and

WHEREAS, parking is prohibited along the remainder of the north side of City Market
Drive and parking is prohibited along the entire south side of City Market Drive; and

WHEREAS, the Transportation Section recommends issuing new Traffic Control Orders
that indicate the new parking scheme on City Market Drive and establishes the existing
parking characteristics along the new limits of Museum Drive; and

WHEREAS, the Traffic Board is forwarding an affirmative but unofficial recommendation


concurring with the Transportation Section's recommendation; and

WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office; and

WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; and

WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 10-005 and 10-006, thereby authorizing the Transportation Engineer
to establish parking zones and install appropriate signs as necessary to regulate the
changes;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-005 and 10-006 shall
become effective when signed by the Transportation Engineer and filed with the City
Clerk and the appropriate signs are installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-005

FILE: City Market Drive

In accordance with Ordinance Number 761 as amended, an investigation of the parking


activities and roadway conditions on City Market Drive between Cedar Street and the northern
most building face at 333 E. Michigan Avenue (Lansing Center), has been made; and as a
result of said investigation, it is hereby directed that:

On the north / west side of the CITY MARKET DRIVE the following regulations shall apply:

Parking shall be prohibited from Cedar Street to 325 feet south / west of Cedar Street,

Parking shall be prohibited except for vehicles loading and unloading for a period not to exceed
ten (10) minutes from 325 feet south / west of Cedar Street to 425 feet south / west of Cedar
Street,

Parking shall be prohibited from 425 feet south / west of Cedar Street to the northern most
building face at 333 E. Michigan Avenue (Lansing Center).

On the east / south side of the CITY MARKET DRIVE the following regulations shall apply:

Parking shall be prohibited from the northern most building face at 333 E. Michigan Avenue
(Lansing Center) to Cedar Street.

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: 03-059

APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:

ISSUED BY: DATE:

Andrew K Kilpatrick, P.E.


Transportation Engineer

RECEIVED FOR FILING: SIGNED BY:

Date Chris Swope


City Clerk

DATE OF FILING WITH CITY CLERK:


CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-006 (page 1 of 2)

FILE: Museum Drive

In accordance with Ordinance Number 761 as amended, an investigation of the parking


activities and roadway conditions on Museum Drive between Michigan Avenue and the
Dead End South, has been made; and as a result of said investigation, it is hereby
directed that:

On the west side of the MUSEUM DRIVE the following regulations shall apply:

Stopping, Standing, and Parking shall be prohibited from Michigan Avenue to 453 feet
south of Michigan Avenue;

No vehicle shall remain parked for a period exceeding one (1) hour between 8:00 AM
and 6:00 PM, Monday through Friday, from 453 feet south of Michigan Avenue to 605
feet south of Michigan Avenue;

Stopping, Standing, and Parking shall be prohibited from 605 feet south of Michigan
Avenue to Dead End South.

On the east side of the MUSEUM DRIVE the following regulations shall apply:

Stopping, Standing, and Parking shall be prohibited from Dead End South to Michigan
Avenue;

On the northbound Michigan Avenue Access Ramp from MUSEUM DRIVE the
following regulations shall apply:

Stopping, Standing, and Parking shall be prohibited on both the east and west sides of
access ramp.

On the southbound Michigan Avenue Access Ramp to MUSEUM DRIVE the


following regulations shall apply:

On east side of the southbound access ramp Stopping, Standing, and Parking shall be
prohibited from Michigan Avenue to MUSEUM DRIVE;

On west side of the southbound access ramp Parking shall be prohibited from Michigan
Avenue to MUSEUM DRIVE;
CITY OF LANSING
TRAFFIC CONTROL ORDER

ORDER NUMBER: 10-006 (page 2 of 2)

FILE: Museum Drive

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: 03-059

This order shall expire 90 days from the date of filing.

ISSUED BY: DATE: May 11, 2010

Andrew K Kilpatrick, P.E.


Transportation Engineer

RECEIVED FOR FILING: SIGNED BY:

Date Chris Swope


City Clerk

DATE OF FILING WITH CITY CLERK:


January 28, 2010
REPORT FROM THE SECRETARY #10-007

PARKING REGULATION AND STREET NAME CHANGE:


CITY MARKET DRIVE AND MUSEUM DRIVE

On July 21, 2003 the Lansing City Council passed Resolution #0369 authorizing the
enforcement of parking restrictions along Museum Drive. Enforcement was determined to begin
at the intersection of Cedar Street and continue in a southern direction under Michigan Avenue
to terminate at the southern most curb of the dead end. Based on this resolution Traffic Control
Order 03-059 was signed and filed with the City Clerk's Office allowing enforcement of the
street.

During the 2009 construction of the new City Market, the Public Service Department issued a
request to the Transportation and Parking Office to split the street and rename the portion of
Museum Drive from Cedar Street to Michigan Avenue to City Market. In researching this
request it was determined that the portion of the street between the northern most face of the
Lansing Center to the northern right-of-way of Michigan Avenue was a private street under the
jurisdiction of the Lansing Entertainment and Public Facilities Authority (LEPFA) as owners or
the Lansing Center.

IMPLEMENTATION
Based on the request to rename the northern portion of the street, the Transportation Section
implemented the following modifications.

Modifications (see map):


A. The portion of the street from the intersection of Cedar Street to the northern most
building face at 333 E. Michigan Avenue (Lansing Center) is to be named City Market
Drive.

B. On the south / west side of City Market Drive parking shall be prohibited except for
vehicles loading and unloading for a period not to exceed ten (10) minutes from 325 feet
south / west of Cedar Street to 425 feet south / west of Cedar Street

C. The portion of the street from the northern most face of 333 Michigan Avenue (Lansing
Center) to the northern right-of-way extent of Michigan Avenue will remain a private road
under the authority of LEPFA.

D. The portion of the street from the intersection of Michigan Avenue to the southern dead
end is to remain designated as Museum Drive.

City of Lansing crews removed and replaced all conflicting signs including street name,
permissible parking, and restricted parking signs.

The Transportation Section recommends approval of the modifications as outlined above.

File: City Market Drive & Museum Drive


Document in Unnamed
Traffic Board Action Date:
Passed: Declined:
1
January 28, 2010
REPORT FROM THE SECRETARY #10-007

PARKING REGULATION AND STREET NAME CHANGE:


CITY MARKET DRIVE AND MUSEUM DRIVE

LOCATION MAP

File: City Market Drive & Museum Drive


Document in Unnamed
Traffic Board Action Date:
Passed: Declined:
2
Xlt
Comcast
December 21, 2010

Chris Swope, Clerk


City of Lansing
124 W. Michigan Ave., 9th Floor
Lansing, MI 48933

Dear Mr. Swope:

Comcast is continuing to make enhancements to our cable network and will be providing customers
with additional digital channels and choices in digital equipment. We are notifying our customers who
have subscribed to our expanded basic package that as of February 1, 2010, this package will receive
additional digital channels and be renamed the Digital Starter package at no additional cost.

The Digital Starter package includes a digital receiver (cable box) and remote or CableCARD for the
primary W. In addition, the Digital Starter package includes additional programming like Style, CSPAN3,
Sprout, Hallmark Movie channel, History International, Biography and Bloomberg W. More details on
the Digital Starter package are available online at www.comcast.com/channellineup.

No action is required of our customers at this time. However, letters are being sent to inform customers
of options they have in selecting digital equipment. Each Digital Starter customer gets up to 3 pieces of
free digital equipment: one with the package and up to two additional digital adapters with our digital
network enhancement initiative. For all additional outlets, a Digital Starter customer can now choose
between a fully function 2-way digital receiver (cable box) at $7.95 a month, or a one-way digital
adapter at $1.99 a month.

Digital adapter equipment, known as DTAs, are small one-way devices that will allow customers to not
only continue viewing the channels they subscribed to prior to our digital network enhancement, but
also to view the additional channels made possible by the change to the Digital Starter package. Because
the DTA is one-way, customers will not be able to access OnDemand programming or the interactive
guide.

Attached are the customer notifications that have been customized to address the channel additions,
package name change and digital equipment options.

Please don't hesitate to contact me at 517-334-5686 or at John_Gardner@cable.comcast.com with any


questions you might have.

Sincerely,

John P. Gardner
Senior Government Affairs Manager
Comcast, Michigan Region

Encls
WMI_DS V4

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[123 et Narriu]^
^.:;.. St 12345]
State '1234; ' i

December 14, 2010

Dear Valued Customer:

We have a great change coming that will give you more channels at no extra cost with your current video
subscription. Our records indicate that you currently subscribe to the Expanded Basic package and have
Comcast equipment on one or more of your TVs. Effective February 1, 2011, this package will no longer be
available and you will begin to receive our Digital Starter package.

The monthly price for the Digital Starter package is the same price you currently pay for the Expanded Basic
package and includes a digital receiver and remote or CableCARD for the primary TV. In addition, you'll begin to
receive new channels including favorites like:

etiemiatk,
MOVIE [..YULE
1,
HISTORY
IMTGNATIOMAL
b10.
THE LNM:1000 PMNNEL
Bloomberg
TLLSVISION

If you would like to view all of the programming within the Digital Starter package or other Comcast video
packages, please visit us online at www.comcast.com/michigan.

If you have additional TVs with digital equipment, those TVs will also receive the new channels referenced
above. If you do not already have digital adapters on your additional TVs, you can receive up to two digital
adapters at no additional monthly service cost. Additional adapters beyond the first two are available at the
monthly price of $1.99 each. The digital adapter will provide access to Digital Starter programming, but will not
provide access to two-way services such as the on-screen program guide and On Demand. Additional digital
receivers start at the monthly price of $7.95 each.

While no action is required of you, if you have questions or would like to make changes to your service,
please contact us at 1-800-COMCAST (1-800-266-2278) - our Customer Account Executives are available
24 hours a day, 7 days a week. Or, you can visit www.comcast.com/paymentcenter for a service center
location closest to you.

Thank you for choosing Comcast, and we hope you will continue to enjoy the quality programming that we offer.

Sincerely,
Comcast

comcast.com/paymentcenter 1-800-COMCAST (1-800-266-2278)

Service not available in all areas. Limited to residential customers. OAM tunerTVs will continue to receive Basic Service channels
without a digital device. Digital receiver required to receive On Demand, the Interactive Program Guide, music channels and
pay-per-view. HD channels require HD-capable equipment. A subscription to the HD Technology Fee is required to receive HD
channels above the Basic Service level. Pricing subject to change. Applicable equipment, installation, taxes and franchise fees
Comcast.
extra. 02010 Comcast. All rights reserved.
WwI -os- v

\
For service at address:
1123 Street Namej
!customer Name)
[City, State 12346]
1120 Street Name]
[City, State-12345j

December 14, 2010

Dear Valued Customer:

We have a great change coming that will give you more channels at no extra cost with your current video
subscription. Our records indicate that currently subscribe to the Expanded Basic package and have
Comcast equipment on one or more of your TVs. Effective February 1, 2011, this video package will no longer
be available and you will begin to receive our Digital Starter package.
^`n^
The monthly price for the Digital Starter package is the same price you currently pay for the Expanded Basic
package and includes a digital receiver and remote' or CabibCARDfor the primary TV. In addition, you'll begin to
receive new channels including favorites like:

Blo o mberg
TILIVI SION
HISTORY

If you would like to view all of the programming available on this or othmComcast video packages, please visit us
online at www.comcast.com/michigan.

According to our records, your account has digital equipment


Additional Outlet Service Charge of $7.95 is applicable to Digital Starter customers who have a digital receiver or
CableCARD on an additional TV set. This charge will become effective to your account as of February 1.2O11.
however, as a thank you for being a loyal Cmmcaatouatomner, this charge will be discounted to $4.20
through March 31, 2011. Any digital receivers or CableGARDs added to your account after February 1, 2011,
you will be charged the standard monthly cost for this service. If you do not wish to keep your digital receiver
or CableCARD on one or more of your additional TVs, you may exchange them for a digital adapter .. The digital
adapter will enable you to view Digital Starter programming, but it does not have all of the two-way features of
a digital receiver, such as the on-screen program guide and On Demand. If you do not already have digital
adapters on additional TVs, you can receive up to two digital adapters at no additiomonthly service
cost Additional adapters beyond the fiudtwo are available at the monthly price of $1.99 each. ,

If you have any questions or would like to make changes to your service, please contact us at 1-800-COMCAST
M-- our Customer Account Executives are available 24 hours a day, 7 days oweek. Or, you can
visit wymmuomcaot.con/payrnentoonterfmroservice center location closest to you.

Thank you for choosing Comcast, and we hope you will continue to enjoy the quality programming that we offer.

Sincerely,
Comcast

Clo!': Calk
comcast.com/paymentcenter 1 -800-COM CAST (1

Service not available In all areas. Limited to residential customers. DAM tuner TVs will continue to receive Basic Service channels
without a digital device. Digital receiver required to receive On Demand, the Interactive Program Guide, music channels and
pay-per-view. HD channels require HD-capable equipment, A subscription to the HD Technology Fee Is required to receive HD
channels above the Basic Service level. Pricing subject to change. Applicable equipment, installation, taxes and franchise fees
comcast.
extra. 02010 Comcast. All rights reserved,
John Pollard
1718 Blair St.
Lansing, MI 48910
(517) 484-1171

January 6, 2011

Chris Swope, City Clerk


City of Lansing
124 W. Michigan Ave.
9T" Floor, City Hall
Lansing, MI 48933

Dear Chris:

Enclosed is a copy of the 29th violation of the Lansing City Charter I have filed since Virg Bernero took office as
Mayor in January, 2006. Please include this letter and the copy of my Charter violation letter as items for next
week's City Council meeting agenda, so they can become a part of the public record.

Thank you for your cooperation in these matters. It is greatly appreciated.

Sincerely,

tJ
r.,.7

C,'
cn
John Pollard
1718 Blair St.
Lansing, MI 48910

January 6, 2011

Brigham Smith, City Attorney


City of Lansing
124 W. Michigan Ave.
5T" Floor, City Hall
Lansing, MI 48933

Dear Brigham:

Article 3 (Legislative Branch), Chapter 4 (Internal and External Audits), Section 3-404.1 (External Audit)
states: "An independent audit shall be made of all accounts of the City government, including the Board of
Water and Light, at the close of each fiscal year, and shall be completed by October 15 th . Special independent
audits may be made at any time that the Council may designate. All such audits shall be made by a Certified
Public Accountant designated by the Council. The results of each audit shall be made public in the manner that
the Council determines and copies thereof shall be placed in the office of the City Clerk for public inspection."

The audit or Comprehensive Annual Financial Report for the Fiscal Year that ended on June 30, 2010 finally
appears on today's agenda (January 6, 2011) as item XV.1.a under "Reports from City Officers, Boards and
Commissions." Therefore, the aforementioned section of the City Charter has once again been violated
directly by the City Council and indirectly by Mayor Virg Bernero and Finance Director Jerry Ambrose.

According to Article 1 (General), Chapter 5 (Penalties), Section 1-501 (Penalties for Violation of Charter):
"Any person found guilty of an act constituting a violation of this Charter may be punished by a fine not
exceeding five hundred dollars ($500.00) or by imprisonment for not to exceed 90 days, or both...."

This is the 29th City Charter Violation I have filed since Virg took office in January, 2006. We, the People of
Lansing, demand justice and expect you to do your job as City Attorney for once in your life by enforcing the
City Charter, Lansing's Constitution.

Sincerely,

, g7eer./tZ_ .
John Pollard
cc: Chris Swope, City Clerk //

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