01/15/2013 Resolutions 2012-367 (B) Resolution #2012-367 (B) was denied by the City Council at their January 15, 2013
meeting.
RESOLUTION 2012-367(B)
WHEREAS, Article 10 of Chapter 16 of the Nebraska Revised Statutes sets forth
the laws governing the pensions of Police Officers of First Class Cities; and
WHEREAS, Section 16-1007(1) of the Nebraska Revised Statutes requires the
City of Grand Island to provide pension benefits to retired police officers "in the form of a
straight life annuity or any optional form of annuity benefit established by the retirement
committee"; and
WHEREAS, beginning in 2005 the Police Pension Committee stopped
calculating police pension benefits based on a straight life annuity and began calculating said
benefits based on a joint life annuity; and
WHEREAS, Section 16-1014 of the Nebraska Revised Statutes states in reference
to police pension benefits, "[t]he governing body of the city shall continue to be responsible for
the general administration of such retirement system unless specific functions or all functions
with regard to the administration of the retirement system are delegated, by ordinance, to the
retirement committee."; and
WHEREAS, the Grand Island City Council as the governing body of the City of
Grand Island has never approved the calculation of police retirement benefits based on a joint life
annuity nor has delegated that authority or function to the Police Pension Committee by
ordinance; and
WHEREAS, the Police Pension Committee calculated the police pension benefits
of Sergeant Kerry Cole using a joint life annuity; and
WHEREAS, on November 13, 2012 the Grand Island City Council approved a
claim in the amount of Four Hundred, Fifty-Eight Thousand, Nine Hundred, Nineteen Dollars
and Thirty-Five Cents ($458,919.35) as the City's portion of the lump sum pension payment to
Sergeant Cole; and
WHEREAS, the issues of Sergeant Cole's police pension benefits and police and
fire pension benefits in general were the subject of a Study Session meeting of the Council on
December 11, 2012; and
WHEREAS, the Council has determined it is not in the City's best interest to
pursue any reimbursement from Sergeant Cole for monies received from the City for his police
pension benefits,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND,NEBRASKA, that City staff is directed not to make
demand upon Sergeant Cole for any reimbursement for monies received from the City for his
police pension benefits.
Approved as to Form
January 15,2013 o ity orney
Adopted by the City Council of the City of Grand Island, Nebraska, January 15, 2013
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
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