lansing (mi) city council info packet for jan. 10 meeting

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    REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LANSING, MICHIGAN

    CITY COUNCIL CHAMBERS, 10TH FLOORLANSING CITY HALL

    124 W. MICHIGAN AVENUEAGENDA 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. onThursday, January 6, 2011, in accordance with Section 3-103(2) of the City Charter and willbe 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 CALLII. MEDITATION AND PLEDGE OF ALLEGIANCEIII. 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 toallow consideration of late items. Late items will be considered as part of the regularportion of the meeting to which they relate.)

    V. TABLED ITEMS(Tabled items, if removed from the table, will be considered as partof the regular portion of the meeting to which they relate.)

    VI. SPECIAL CEREMONIES1. Mayoral Presentation and Tribute; Recognition of the Greater Lansing Area

    Holiday Commission for its 26th Annual Luncheon "The Legacy Lives onThrough Action" in observance of Dr. Martin Luther King, Jr. Day

    VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERKVIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of

    event 1 minute limit)

    IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERSX. MAYORS COMMENTSXI. SHOW CAUSE HEARINGSXII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the

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

    1

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    A. SCHEDULED PUBLIC HEARINGS1. In consideration of an Application for Naming and Renaming

    Memorials in the City of Lansing filed by Roxanna Mann to rename asmall piece of bridge section on Cavanaugh Rd. at the entrance toHawk Island Park to the Dr. Donald L. Green Memorial Bridge

    2. In consideration of an Ordinance of the City of Lansing to AmendChapter 1220 by adding a New Section 1220.21 to the LansingCodified Ordinances for the purpose of establishing the MarshallStreet Armory Historic District, a Single-Resource Local HistoricDistrict located at 330 Marshall Street [PPN 33-01-01-15-226-012] inthe City of Lansing, Michigan, and defining its boundaries inaccordance 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 theEmployees Retirement System, Chapter 292, Sections 292.01through 292.99 of the Lansing Codified Ordinances, to provide for arestatement of the Codified Ordinances

    XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERSA. REFERRAL OF PUBLIC HEARINGSB. CONSENT AGENDA

    1. BY COUNCIL MEMBER ERIC HEWITT

    a. Tribute; In memory of Martha Dee2. BY THE COMMITTEE ON PERSONNEL

    a. Appointment of Karen Hulett to the position of City CouncilLegislative Office Manager

    3. BY THE COMMITTEE OF THE WHOLE

    a. Tribute; Recognition of the Human Relations and CommunityServices Departments 30th Annual Memorial Observance ofDr. Martin Luther King, Jr.

    b. In support of Old Town Lansings entry into the Great AmericanMain Street Awards competition

    C. RESOLUTIONS FOR ACTIOND. REPORTS FROM COUNCIL COMMITTEESE. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

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    XVI. MOTION OF EXCUSED ABSENCEXVII. REMARKS BY COUNCIL MEMBERSXVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANTXIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government

    related matters are issues or topics relevant to the operation or governance of thecity. The public may comment for up to three minutes. Speakers must sign up onyellow form.)

    XX. ADJOURNMENT

    CHRIS SWOPE, CITY CLERK

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

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    CITY OF LANSINGNOTICE OF PUBLIC HEAR INGNOTICE 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 LansingCity Hall, 124 W. Michigan Aye., Lansing, MI for the purpose of considering anApplication for Naming and Renaming Memorials in the City of Lansing torename a small piece of "bridge" section on Cavanaugh Rd. at the entrance toHawk Island Park to the Dr. Donald. L. Green Memorial Bridge.For more information about this matter, phone City Council Offices on Citybusiness 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 orsend a representative. Written comments will be accepted between 8 a.m. and 5p.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

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    BYRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

    WHEREAS, the Memorial Review Board received an application from RoxannaMann requesting authorization for the establishment of a peg iuanent memorialto rename a small piece of "bridge" section on Cavanaugh Road near the lightat Hawk Island Park entrance to the Dr. Donald L. Green Memorial Bridge; andWH EREAS, the Memorial Review Board made no recommendation to theCom mittee on General Services within the 90 day timeframe regarding therequest to rename a sm all piece of "bridge" section on Cavanaugh Road nearthe light at Hawk Island Park entrance to the Dr. Donald L. Green MemorialBridge; andWH EREA S, In accordance to Chapter 1034.90 of the Code of Ordinances, nopublic hearing is required for a non-street name change memorial proposal;NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council approvesthe establishment of a peiilianent mem orial to rename a small piece of "bridge"section on C avanaugh Road near the light at Hawk Island Park entrance to theDr. Donald L. Green Memorial Bridge.

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    ,1,V r F r" )

    2 1103 JUN _5 E'EN 22 APPLICATION FOR NAMINGm. f,,..T', r,' AND RENAMING MEMORIALS.,%NSIn C CLERI' IN THE

    CITY OF LANSING, MICHIGANApplicants Name: Roxanna MannDate: June 5, 2009Applicants Address: 815 North Cochran Avenue Charlotte MI 48813Home Phone Number:517.541.0310 Work Phone Number: 517.402.4120SUBJECT ORSITE OF THE (RE)NAMING:What is it? Small piece of "bridge" section on Cavanaugh Road, located near the light atHawk island Park EntranceCurrent name? Yes XX NoWhat is the current name? NAProposed name: The Dr. Donald L. Green Memorial BridgeWhat is the vision tor the proposed memorial? For an honorarium to a citizen in greatstanding with the community, involved in community outreach via the Parker MemorialBaptist Church and its ministries. (Which include an inner city children's program, ateen program, a Bible publishing worldwide distribution center, the Lansing City RescueMission, various nursing homes, city jails,.state prisons, a Christian School, a BibleInstitute, a large printing ministry and community involvement via other means.) Dr.Green has been the Pastor of Parker Memorial Baptist Church since 1955. He hasbeen a solid member of the Lansing area and is known worldwide for his compassionand 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 justdown 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. GreenMemorial Bridge"How do you propose the change be funded? To be determined once we know what youwill 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 thesmall bridge area, there should be no impact on residents.How will this impact businesses? Same as above

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    10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 02/1A BRIEF HISTORYOP

    PARKER MEMORIAL BAPTIST CHURCHIn September 1932, a sma ll group of people from South Baptist Churchorganized a Sunday School under the name "The Union Gospel SundaySchool" and they met in the old Forest Road School building. The Churchwas organized in the same school building in February, 1935, 'and theChurch and Sunday School was carried on under lay leadership until it wa sincorporated May 24, 1938, with 29 members.In 1938, an acre of land at 1902 East Cavanaugh Ro ad was graciouslygiven as a memorial to Mrs. Lena Parker; hence, the name. "ParkerMem orial Baptist Church" . The first services at the Cavanaugh Roadlocation was on July 30, 1939.A metal "Wonder. Building " -was constructed in 1956 as the church outgrewthe original wood frame building. On June 7, 1964, ground was broken forthe present auditorium.The m etal building was dismantled in 1990 and the entire east wing w asremodeled. This made way for the covered drive through at the eastentrance, 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 WorldWide Bible Ministries, along with a gymnasium for our school and a placeof fellowship for our members.

    RS WHO HAVE SERVEDRev. Smith 1932 - 1937Rev. Stroup 1937 - 1939B.cv. Carvell 1040 -Rev. StewardRev. Williams 1944 46Rev, Marquardt 1946 - 55

    r. on reen 5 - p eser

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    10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 03/1

    ..;rathe building ihiCh eras built"1939 .': can be seen a t the far left .. :01 the picture above .rendition of our present facility.:1 .

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    10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 04/18

    roctaitmtto1UHEREAS : Union Go&pe2.' Sunday Schoo.e began in. Septeanbet 1932; andGWHEREAS : 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; andWHEREAS: flue to the ge2etaus act, Patclzet Memott.Lat Bane Church uwQstab.P,ish.ed and held its 6A.Ast' s etvice at the new .b,e to onJury 30, 1939; andWHEREAS: Undett . the Leadetsh.Lp o6 fit.. Gteen 6otc the past 'twenty-Se.uenyeah, the church has grown . 6nam 6A:6ty-six to Lt ptelent

    membetuship o6 apptoximately tight hundred; and

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

    NOW, THEREFORE, Z, TERRY J. MC'KANt, MAYOR a6 the City o6 . Lansing, bythe, pawetz vested in me, do h.eneby . utcge'a.P,i' eitaertis in thecommunity 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,.sby adding mate scats to HL kingdom. .

    G.Lven undetc my hand and the Se.a.L. asthe Uty 6 . Lansing this sixteenthday c6 September ,Ln the ye.a', o6 OatLord One thoasand nine Witched andeighty-two. .

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    Ic cc r. OniiiatioiWe, the undersigned, hereby certify that upon the recommendation an

    Churchxc . which had full a

    sufficient opportunity for judging his gifts, and after satisfactor- -examination. by us in regard to his C hristian experience, call to th

    ministry, and views of Bible doctrine,

    Leswewas solemnly and publicly set apart and ordained to the work of

    THE GOSPEL MINISTRY

    Chuaton theD41-1 dcaf of

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    WHEREAS: Vonatd 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 BaptistCoLEege in Pontiac, M ichigan in 'recognition o6 his wotk; andWHEREAS: 1989 m aths his 40th year. in the m inis /cy and his 34.h yeax atLansing's Pwth.en Memolc.i-a/ Baptist Chu tch; and -WHEREAS : He has been an outstanding- watken bat the Lohd, ioA, tke members ahis chu,.ch, and ion. the peop.2e otC out community.NOW , THEREFORE,. I, TERRY J. MC KANE , MAYOR OF THE CITY OF LA NS ING, 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 LbuteGnee.n {soh his outstanding conbu:bu:C.Lona to out communitythrcough h.L wair.h, at Patfae1t. Mem o} c-Lat Baptibt Chutch.

    Given under.. my hand and .he Seca qthe CJty Q. Lansing this eleventh dayF o A ugust in the yeat o Out Lohd one

    X v d ' thousand nine hundted and eighty-nine.', ?" :'h .T JyyC ^r ' S ' .^ .1 yr_ . ik ` . .^',iirf'f0.u y^J,aT,'I.iir! 1 ^,i d1'^2 ^J,+ ^:^t' y,;,4 :e.^1 ^irvV^.'.:.' yl:^. l t .

    ^r'.^'j:.Pktlv i F,(SC`''"7 i!. L^ I' ^^:: `, /:

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

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    MID MICHIGAN FAB PAGE 07/18

    ITS ooaO . LINE O, LRIML =ANNE*cox 'MtRIROLR PRE56, FLINT. NIGNICAH10/05/2010 06:44 1LEAST-snorts. 7adi ^^' I YYi t BetweenPA.. Lb., lv a MOR IAL B A PTIST CHURCH,a Michigan Eccl,es:i.astical. Corporation,1902 east Cavanaugh ' Road, Lansing,part y of the first part, and , .

    FOREST SCHOOL DISTRICTRoute r2, La isi'ng, M ichigan,part y of the second. part, as follow, The said part y of the first part, in consideration of the rentsand eovertants herein spedfied, does he aeisy l and Imams to the said p art r of foe second part , thefollowing described premises, situated and being in the Township of . Lansing S`County of Ingham and State of Michigan, to-wit:

    The bu ilding to the rear ,o the churchor f irs t party located at 190 2I 'astCavanaugh Road, Lansing, Michigan.

    for she term; of Nine & on; -halPfram and after the first clny of Sep bembezmonths (9'h')19 56 on the ternos 0.13tt Condiriorta hereinaftea meodoned, to he occupied for a schoolroom,

    ,'I during the hours of S:00 a . n1, to 4:00 p . m. , Monday to Friday, "ootl^

    '. , 7,ncl sivs.

    Plaided, That in case any re nt shag be daze a nd unpaid., or if default shall be made is any o f the

    covensnts herein contained, then it shall be lawful for the said part y of the first part ,, i ts ;Luo CeS :soa ai attorney,%A rela; 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 r i le second part does hereby hire the said pxmiises for the term of

    dins & one-half (9 )as above mentioned, and do es cov enant and prom ise to pay to the said monthspart ' of the first part, t s "' C C C 5 Sreptativea and ass,ms. for rent of said p>:cau scs for saidterse the 34#}i >'. following services: work. labor and J?1at:e,, al,s

    :in the remodeling and Improving of said premises; to r, alike any changes,r.'- - . h- and rem odeling of sa.5, . - bui 1.din '^.?>; o. . . r e. .,cssal Y t^^. r second p az^^ . t e i d.?.for itS use of said building for school purposes; to construct a gasline to said building and install a gas meter; to pay for the utilities

    .u.sed by said second party; and to furn.jsh whatever janitor servicesecond party requires.

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    PAGE 08/18

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    10/05/2010 06:44 1 MID MICHIGAN FRBa W1FalIC?wfu?:i^Gudlilwhh5^llllurJ,^1cyu1;,!SLGriCrut4S^^ ,;a ,e,,su.rae9t:w,,ahu:i^:wRaue^,e,;:u^;a rto^um"o u^e,^,,,.:._ u, ;:.: V v ^ PAGE 0/18W H O 'S W H O

    Biographical Proof

    Your Nome:Company Name;Depactment;Your Title:Published Address

    Business Phone:Cell Phone!Home Phone:e-mail Address:'Web Address:Type of B usiness;Major Trod/Services:Marketing Atea:Expertise:Fav. Bus. Publication:Hobbies:Education:

    Affiliations/Awards:Charity;

    Donald Lewis Green.Packer Menaonsl Baptist Church

    Senior Pastor,1902 E. Cavanaugh RoadLsnsiug, MI 4891,0United States(517) 882-2280 Ext.(517) 882-9295grecnprnbcjuno,comhttp:// ccannbxidgc. hoswho-comBaptist ChurchSpiritual Leadership, Consulting, Striving to Spread the Word of God, Preaching, TeachingRegionalForty-Nine Yeats of Experience as a ?readier, Speaking at Conferences, Evangelism, MissionaryField DelegateSword of the LordBaseball, Traveling IntetnatiofallyDoctorate of Divinity, Midwestern Baptist College, Pontiac, il4ichigav (1974); Bachelor 's Degree inDivinity, Bible Baptist Seminary, Fort Worth, Texas (1949)President, International Fellowship of Fundamental Baptists (2001-2003); Guest Speaker, CampMeeting; ArMm nistrator, Lansing Baptist School, K42 (1974-2.006); Fouader, President, LansingBaptist. Bible Institute '(since 1972)

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

    Me/mad Sog t CAt,pech7902 &. eavarr. g/i R oad, 2rieac , c % 18910

    (5/7/ X82--22C?O . (577) ec 8-2/f2 t.o../feeit. [email protected]. 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, ML1953-55 Asst. Pastor BEREAN BAPTIST CHURCH, JACKSONVILLE, PL.195$- Pastor PARKER MEM ORIAL BAPTIST CHURCH, LANSING, MLOv er 70 preacher boys called to ministry.His own -Ave sons are ordained Baptist Preachers and in full timeservice and his daughter is married to a Baptist Preacher and on themission field.He has travelled around the world, preached for many missionaries inseveral foreign countries, and has made twelve trips to the Holy Land,Currently administrates the fotlowing ministries of P,M,B,C.

    Christian School .K4-1.2Bible InstitutePrinting MinistryBookstoreBus Ministry'Tape M inisterJail Er Prison MinistriesRescue M ission PreachingYouth Camp

    Lansing Baptist School .K4-12 , Lansing Baptist Bible Institute, Bus Ministry, Lansing Baptist Bookstore,Bearing Precious Seed Ministry, Local Church Bible P ublishers, Tape M inistry

    KJV Bible-Believing

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    10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 12/18

    `TIC'LO. D rSGOO D, ASTRONGHOL D INTHE.DAY OFTROUJ3LE; ANAHEINOT ETHT73EM`THA.T`T.KW T M a kevAFIZim 2:7 . .

    enDonald L. Green on the occasion of his 80 da3^,i and , ""Neen. has earn-mad hints

    d a t the ^.. ,,

    Ji EREAS: It is a privilege to celebrate with

    WRER. AS: As a active, pDr. Green firmlyAAelieves in amidst of a dayC fallen herosuccessfully a.isted in theWRE1 ASf Devotedand other eents, a valocal entities like the LW' R : Assureteach and ..tress thevalues, Bz[couraged bthe blood acid the purlthe world: daW aA SA nother ssons: Timoth, Steve, Jofather, and his ke beautifulNOW, TBEIt7EFFR.,June 2, 200S to be \

    in Lansing, I encourage Lan'kg''residei to jAin wiand comm unity service., a helve ana her SO year

    Memo rial Church; frietids'.and family to .honor.

    of:: is Baptist heritage. Asthee age of 16y S.ager to serve- S..Dvhtoi: ofDivmity. :em .

    . under my ..harxd and . seal 'thisecotd day of June 'in; Year `of.'Our Lord two thousand and eight..

    W'fIEREAS: Since August l9$ ,;o n of a Baptist preacher, Gze'6n. wastshe Lord, he received his,3 achelor's cegr^Ylidwestern Baptist C cokle in Pontiac

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    MID MICHIGAN FABAi' 5!J 6661 lSeL &tUi I.J.Qp y

    & AN L =CRoPsEYSENATE MAJORITY FLOOR LTIAn a

    STATE OF MICHIGAN

    10/05/2010 06:44 1UU/02/1U10 W)X ,LAM r'Ax

    DiaTOSCrOP MCE 04 CN :mX 9010U3H0

    Pa. BOX 20098tANZ11'00. Oo*OAAk 4RR.7eaa

    P14Ofi9: (6171 373.3760Pi11416171 meansend h>loMp.m.oov

    PAGE 13/18qy v

    Caiteleteffie>

    APPAOPRIATIOM6, tJEMtERopnONIA11ON6'SUOM TEOS:

    JUDSc TRY A41b COPPBCUUONB. CENf100POS(Theefr of Gf(VMOEa N1l4LQUASIT, VICE e41U

    O 1 .l4 POR1Afl0 ,,tPARMINCrVICE C1 JR,LTAl POUCE AND I .[V ? AMMO.

    VICE OFlbqCAPfYiu OUTLAY, Mt IBE71eet 20l O

    To Whom It May Concern:It has come to my attention that. the members of the Parker Memorial 'Baptist Clutchwould wish to tribute their Pastor, Dr. Don Green, with having the bridge near Hawk Island, onCavanaugh Rd, -named affee him. I believe this would be a great honor to him, considering hisgreat impact on the community.Called to preach at the you age of 16, Pastor Green will have been a Member of thechurch for 55 years as of August 14 , 2010. He has 'raised a family, consisting of 5 boys and onedaughter, to follow in his footsteps. He, and his congregation, has be. active in reaching theWord 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 bee n a big financial supporter of the City Rescue Mission. He taw sentministries, along with himself, to preach there as well acs in jails, prisons, and nursing homes. He

    spends many hours w ith the sick and those in need. As people will say, he really is a "PeoplehomeGreen has also administrated a C hristian School andbible Institute. He is engaged'primarily in Educational ministries, making tomes and booklets, epreadiag the gospel Not onlyhas he reached out through the community, but the, world as well. He has traveled to manydiet countries with his teachings,

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

    08-8E-201 11:28 BPS 5178822317

    Alan L. CropseySenate Majority Floor Leader

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    10/05/2010 06:44 1 MID MICHIGAN FAB PAGE 15/18

    Tony . ernivides3337 S. Catherine SL, Lansing, MI 48911Tel; (5j7) 8824360 Cell: (517} 6.14-111.

    July 26, 2010Esteemed Members of the L ansing City Council:The congregation of the Parker Mem orial Baptist Church at 1902E, Cavanaugh, is requesting the naming abridge in honor of their pastor Dr. Don Green. It is a pleasure and an honor for me to write a letter of supportin the naming of the bridge spanning the creek on E, Cavanaugh road near Haw k island Park for Pastor Dr.Don Green. The bridge is imme diately west of the church..Dr, Green has been the pastor of Parker M emorial Baptist Church since 1955 and has enriched the lives ofthousands of Lansing citizens in that span of time. He has provided leadership for church members thatstrengthen the moral fiber of our city, Dr. Green is married to Fay and has six children, five sons that areordained ministers and a daughter that is married to a minister. Since he came to Lansing as a pastor, he hasextended support to the families of his church by initiating the programs that promote strong family valuesand involvement in caring for others. Among his many, many accomplishments is the starting of a biblepublishing 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 histireless efforts and inspiration, he has a con gregation that is involved in an extensive num ber of activities.He is one man, resolved to live the life of a Christian; a great example for all us. His leadership, first with hisfamily and then with his congregation has impacted Lansing with the strong citizens that serve the wholecommunity and branch out to serve the world.I have had the pleasure of kno wing Pastor Green for m any years and feel that he is certainly worthy of thisrecognition. I totally support the naming of the bridge in his honor. Please call me should you needadditional information.

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    Tony Ben avi es33375. Catherine SSG, Lan g, MI489117e1: (517) 88.24360 Cell: (517) 614-1114

    July 26, 2010Esteemed Me mbers of the Lansing City Council:The congregation of the Parker Memorial Baptist Church at 1902 E. Cavanaugh, is requesting the naming abridge in honor of their pastor Dr. Don Green, It is a pleasure and an honor for me to write a letter of supportin the naming of the bridge spanning the creek on E. Cavanaugh road near Hawk Island Park for Pastor Dr,Don Green. The bridge is imm ediately west of the church.Dr. Green has been the pastor of Parker Memorial Baptist Church since 1.955 and has enriched the lives ofthousands of Lansing citizens in that span of time. He has provided leadership for church members thatstrengthen the moral fiber of our city. Dr. Green is married to Fay and has six children, five sons that areordained ministers and a daughter that is married to a minister. Since he came to Lansing as a pastor, he hasextended support to the families of his church by initiating the programs that promote strong family valuesand involvement in caring for others. Among his many, many accomplishments is the starting of a biblepublishing 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 histireless 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 hisfamily and then with his congregation has impacted Lansing with the strong citizens that serve the wholecommunity 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 thisrecognition. I totally support the naming of the bridge in his honor. Please call me should you needadditional information.

    Pr>.Re p ectfully,

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

    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/teh.ewed with the bin h. o6 a bon, Donald L. Green; and

    NHL-12EAS: Donald w as gx.aduated 6nom Elsie High Schoo.e in Et s.ie., Michigan and 13d.bze BaptistSemi;navty in Foht CUoh th, Tex a a with. h 14 Ondina t%on taking g ace. on his wenty-6.i&tatbi hday, at the. Fast Baptist Chu/fah. o6 West )arch, Michigan whehe he. remainedas a pa4tott bor. 6outc ye cuts6; and ,W HEREA S: Rev erend V cma.Pd L. Gx .e.en then mov ed to Jgcksonv.L e e., FPordi.a wk m.e he. was anAasoci.ate. Pasto/f be6atce eoming to the Pa/a.m . Mem otrict& B aptist Chw teft ei.n Lansing,an. August 14, 1955; andWHEREAS: Reverend Dona-.d L. Gi.e.en went on to build the panhen Memoh a.e Baptist Cl,w.e.h 6nama r tugg.ei.ng c(tiwtah. to a 4.t'toilg, sofa. w n.hing membenahip o6 700 and has .Led thischuh.ch in 6awc 5ui:Ldcng ptoghama, thus' gnea y enLaAg.ing and enhancing the ahixef apkapehty; and . .WHEREAS: Re.vettend. Ponaed L. Stun is the 6atken o6 Aix 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 a6God, thus 6o.P_eoaung ..in. the. 6ao steps o6 Itie.x gnand6ath.ett and 6awhen; andW HEREA S: Tn recogr W .on o6 his outstanding exa^np.2e a6 6 ehv.iee to Go d a.nd ih te..Stiman y tohis many yeah-6 o6 ex em pLan.y pnaotiee o6 his m ini,attfy, the. IS/fiends and. 6amt,Ly o6Re.ve .end Gtceen w.t 2 gather with him .,in ee2.eb/f atio.n o6 his Twentieth Ann,ivecaaywith Paxk.ett M m an^:a.e B aptist Ch.wte.h..NOW, THEREFORE, I, GERALD W. GRAVES, MAYOR OF THE CITY OF LA NSING, by the pow er ve.ated inme, do hene.by pnoe.LaLm, Sunday, A ugust 17, 1975; a4 :

    "REVEREW DONALD L , GREEN DAY"

    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.tChu/fah, to x.es peed, honors and pay tit ibute .to phis man Bars ha eont/ Lbu Lon4 to thiseommun,%ty and . ban the .befite/trnent o6 those'axound. him.Given uh.de/i my hand and . .the. Seat. o6 the City'06 L ansing this 6L6th day o6 A ugc.z in theyeah o6 Owl Lond one th.ousand nine. hundred

    e. .nd 4 ev enty- 6-i.v.

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    810

    CITY OF LANSINGNOTICE OF PUBLIC HEAR INGNOTICE 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 LansingCity Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan to Amend Chapter 1220 by adding aNew Section 1220.21 to the Lansing Codified Ordinances for the purpose ofestablishing the M arshall Street Armory Historic District, a Single-Resource Loca lHistoric District located at 330 Marshall Street [PPN 33-01-01-15-226-012] in theCity of Lansing, Michigan, and defining its boundaries in accordance withChapter 1220. For more information please call 483-4177.Interested Persons are invited to attend this Public HearingCHRIS SWO PE, LANSING CITY CLERK

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    Chapter 1220,.Sec 22 DRAFT12/9/2010

    19 NORTHEAST CORNER OF SECTION 15, T4N, R2W: THENCE S01 44'44"W,2 0 1600.25 FEET ALONG THE EAST LINE OF SAID SECTION 15 ALSO BEING21 THE WEST LINE OF ADAM'S ADDITION TO THE CITY OF LANSING,2 2 INGHAM COUNTY, MICHIGAN (LIBER 4, PAGE 25) TO THE NORTHEAST2 3 CORNER OF LONGYEAR'S ADDITION TO THE CITY OF LANSING,2 4 INGHAM COUNTY, MICHIGAN (LIBER 2, PAGE 17); THENCE N88

    2 5 53'28"W, 369.49 FEET ALONG THE NORTH LINE OF SAID LONGYEAR'S2 6 ADDITION AND THE NORTH LINE OF J.B. RAYNER'S ADDITION TO2 7 THE CITY OF LANSING, INGHAM COUNTY, MICHIGAN (LIBER 3, PAGE2 8 20) TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED2 9 PARCEL; THENCE CONTINUING N88 53' 28'W, 390.06 FEET ALONG SAID3 0 NORTH LINE AND THE NORTH LINE OF BROWN'S INSURANCE31 AGENCY ADDITION TO THE CITY OF LANSING, INGHAM COUNTY,32 MICHIGAN (LIBER 4, PAGE 15) AND THE NORTH LINE OF RUMSEY'S3 3 MICHIGAN AVENUE ADDITION TO THE CITY OF LANSING, INGHAM34 COUNTY, MICHIGAN (LIBER 2, PAGE 12) TO THE EAST LINE OF35 MARSHALL STREET; THENCE S88 53'28"E, 388.16 FEET; THENCE S013 6 30'42"W, 502.98 FEET TO THE POINT OF BEGINNING,

    Brigham Smith, City Attorney

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

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    DRAFTChapter 1220, Sec 22 12/9/2010

    373 8 IS HEREBY ESTABLISHED A S A LANSING HISTORIC DISTRICT IN3 9 ACCORDANCE W ITH THIS CHAPTER.4 0 Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof41 are hereby repealed.4 2 Section 3. Should any section, clause or phrase of this ordinance be declared to be4 3 invalid, the same shall not affect the validity of the ordinance as a w hole, or any part thereof4 4 other than the part so declared to be invalid.4 5 Section 4. This ordinance was duly adopted by the L ansing City Council on4 6 2011, and a copy is available in the office of the Lansing City Clerk, 9th Floor, City4 7 Hall, 124 W. Michigan Avenue, Lansing, MI 48933.4 8 Section 5. This ordinance shall take effect upon the expiration of seven (7) days from4 9 the da te this notice of adoption is published in a ne wspaper of general circulation.

    Brigham Smith, City A ttorney

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

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    CITY OF LANSINGNOTICE OF PUBLIC HEARINGZ-10-2010, 934 Clark Street"B" R esidential District to "D -1" Professional O ffice D istrict

    The Lansing City Council will hold a public hearing on Monday, January 10,2011, at 7:00 p.m. in Council Chambers, 10 th Floor, Lansing City Hall, 124 W.Michigan Ave., Lansing, MI, to consider Z-10-2010. This is a request by RKHInvestments, LLC. to rezone the property at 934 Clark Street, more specificallydescribed as:LOTS 9, 10 & 11 ASSESSO RS . PLAT NO 21, CITY OF LANSING

    from "B" Residential district to "D-1" Professional Office district. The purpose ofthe rezoning is to a llow the building at this location to be used for offices.For mo re information about this case, phone C ity Council Offices on Citybusiness 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 pu blic hearing or send arepresentative. 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 Janua ry 10,2011, at the City Council Offices, Tenth Floor, City Hall, 124 West Michigan Ave.,Lansing, MI 48933-1696.Chris Swope, Lansing City Clerk

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    ORDINANCE #AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THEREZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OFLANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPSADOPTED 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 ofthe Code of Ordinances of the City of Lansing, Michigan be amended to provide asfollows:

    To change the zoning classification of the property described as follows:Case Number: Z-10-2010Address: 934 Clark StreetParcel Number: PPN: 33-01-01-10-409-071/-081Legal 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 OfficeDistrict.Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereofare 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, 9thFloor, City Hall, 124 W. Michigan Avenue, Lansing, MI 48933.Section 4. This ordinance shall take effect upon the expiration of seven (7) days fromthe 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 DateCity Attorney

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    DRAFT NO. 112/20/10

    1 ORDINANCE NO.AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND THE3 EMPLOYEES' RETIREMENT SYSTEM, CHAPTER 292, SECTIONS 292.01 THROUGH4 292.99 OF THE LANSING C ODIFIED ORD INANCES, TO PROVIDE FO R A5 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 Codified8 Ordinances of the City of Lansing, Michigan, be and is hereby amended to read as follows:9

    10 CHAPTER 292. EMPLOYEES' RETIREMENT SYSTEM*1112 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 PR OVIDING THE15 PAYMENT OF RETIREMENT ALLOWANCES AND DEATH BENEFITS FOR THE16 EMPLOYEES' INCLUDED IN THE PLAN AN D THEIR BENEFICIARIES. THE17 RETIREMENT PLAN WA S INCORPORATED INTO THE C ITY'S CODIFIED18 ORDINANCES AS THE "EMPL OYEES' RETIREMENT SYSTEM," CURRENTLY19 CHAPTER 292, AND HAS BEEN AMENDED FROM TIME TO TIME.20 THIS ORDINANCE IS INTENDED TO BE A RESTATEMENT OF THE CODIFIED21 ORDINANCE PLAN ("RESTATEMENT OF CODIFICATION") AS IT EXISTS ON THE

    Approved as to form:

    Brigham Smith, City AttorneyDated:

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    DRAFT NO. 112/20/10

    1 DATE THE RESTATEMENT OF CODIFICATION IS ADOPTED BY THE CITY COUNCIL2 ("RESTATEMENT OF CODIFICATION DATE").3 UNLESS OTHERW ISE INDICATED HEREIN, THE PROVISIONS OF THIS4 RESTATEMENT OF CODIFICATION SHALL APPLY ONLY TO AN EMPLOYEE WHO5 TERMINATES EMPLOYMENT ON OR AFTER THE RESTATEMENT OF CODIFICATION6 DATE. THE RIGHTS AND BENEFITS, IF ANY, OF AN EMPLOYEE WHO TERMINATED7 EMPLOYMENT PRIOR TO THE EFFECTIVE DATE SHALL BE DETERMINED IN8 ACCORDANCE WITH THE PROVISION OF THE ORDINANCE PLAN IN EFFECT ON9 THE DATE OF THE EMPLOYEE'S TERMINATION.

    10 292.02. DEFINITIONS.11 AS USED IN THIS CHAPTER, UNLESS A DIFFERENT MEANING IS PLAINLY12 REQUIRED BY THE CONTEXT:13 (A) ACCUMULATED CONTRIBUTIONS MEANS THE SUM OF ALL AMOUNTS14 DEDUCTED FROM THE COMPENSATION OF A MEMBER OR DEDUCTED FROM15 CONTRIBUTIONS BY A MEMBER AS ALLOWED IN THIS CHAPTER, AND CREDITED16 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'S19 ACCUMULATED CONTRIBUTIONS TO THE RETIREMENT SYSTEM, PAYABLE IN20 EQUAL MONTHLY INSTALLMENTS THROUGHOUT THE FUTURE LIFE OF A PERSON21 OR FOR A TEMPORARY PERIOD AS PROVIDED IN THIS CHAPTER.

    Approved as to form:

    Brigham Smith, City AttorneyDated: .

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    DRAFT NO. 112/20/10

    1 (C) BENEFICIARY MEANS ANY PERSON EXCEPT A RETIREE, WHO IS IN RECEIPT2 OF, OR WHO HAS ENTITLEMENT TO, A PENSION, RETIREMENT ALLOWANCE OR3 OTHER BENEFIT PAYABLE BY THE RETIREMENT SYSTEM.4 (D) BOARD OF TRUSTEES OR BOARD MEANS THE BOARD OF TRUSTEES OF THE5 RETIREMENT SYSTEM, AS PROVIDED FOR IN THIS CHAPTER.6 (E) CREDITED SERVICE MEANS THE NUMBER OF YEARS, AND FRACTION OF A7 YEAR, OF SERVICE (SERVICE IS AS DEFINED IN SUBSECTION 292.01(S)) STANDING8 TO A MEMBER'S CREDIT IN THE MEMBER'S SERVICE ACCOUNT. ANY FUTURE9 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 THIS12 SUBSECTION (F), A MEMBER'S SALARY, WAGES, LONGEVITY BONUS AND, FOR13 ANY CITY EMPLOYEE NOT ELIGIBLE FOR OVERTIME PAY UNDER THE FAIR14 LABOR STANDARDS ACT AND REGARDLESS OF UNION CONTRACT ELIGIBILITY,15 UP TO A MAXIMUM OF 80 HOURS OF UNUSED COMPENSATORY TIME CREDITED16 TO A MEMBER AT THE DATE OF RETIREMENT, PAID BY THE CITY FOR PERSONAL17 SERVICES RENDERED BY THE MEMBER AS AN EMPLOYEE. COMPENSATION DOES18 NOT INCLUDE AMOUNTS THE CITY PAYS A MEMBER FOR UNUSED LEAVE OR19 ANNUAL UNUSED SICK TIME OR BECAUSE HE OR SHE DECLINES TO RECEIVE20 CERTAIN EMPLOYEE BENEFITS, COMMONLY CALLED AN "OPT OUT" PAYMENT.

    Approved as to form:

    Brigham Smith, City AttorneyDated:

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    DRAFT NO. 112/20/10

    1 (G) DEFERRED RETIREMENT PERSON MEAN S A FORMER MEMBER OF THE2 SYSTEM WHO IS VESTED FOR PENSION BENEFITS BUT IS NOT ENTITLED TO3 RECEIVE A PENSION UNTIL A FUTURE TIME OR EVENT.4 (H) DISTRICT COURT MEANS THE 54-A JUDICIAL DISTRICT COURT OF5 MICHIGAN.6 (I) EMPLOYEE MEANS A PERSON WHO IS A FULL-TIME EMPLOYEE OF7 THE CITY AND IS IN ONE OF THE FOLLOWING CITY EMPLOYEE8 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; AND17 (10) UAW18 THE TERM FULL-TIME EMPLOYEE EXCLUDES ALL PERSONS EMPLOYED BY THE19 CITY ON THE BASIS OF, OR AS DESCRIBED IN A COLLECTIVE BARGAINING20 AGREEMENT AS: PART-TIME, SEASONAL, TEMPORARY, CASUAL OR21 CONTRACTUAL, EXCEPT THAT CONTRACTUAL DOES NOT INCLUDE FULL-TIME22 MAYORAL STAFF, COUNCIL STAFF AND EXECUTIVE MANAGEMENT PLAN

    Approved as to form:

    Brigham Smith, City AttorneyDated:

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    DRAFT NO.112/20/10

    1 EMPLOYEES WHO SIGN CONTRACTS UNDER THEIR RESPECTIVE PERSONNEL2 RULES OR AS REQUIRED BY EMPLOYMENT PRACTICE.3 THE TERM EMPLOYEE DOES NOT INCLUDE ANY PERSON WHO IS COMPENSATED4 WHOLLY AS AN INDEPENDENT CONTRACTOR OR IS A CITY ELECTED OFFICIAL,5 THE MEDICAL DIRECTOR APPOINTED UNDER SECTION 292.11, OR A JUDGE OF THE6 DISTRICT COURT.7 (J) FINAL AVERAGE COMPENSATION MEANS THE AVERAGE OF THE HIGHEST8 ANNUAL COMPENSATION PAID A MEMBER DURING A PERIOD OF TWO9 CONSECUTIVE YEARS OF CREDITED SERVICE CONTAINED WITHIN THE

    10 MEMBER'S TEN YEARS OF CREDITED SERVICE IMMEDIATELY PRECEDING THE11 DATE WHEN THE MEMBER'S SERVICE AS AN EMPLOYEE LAST TERMINATED. IF12 THE MEMBER HAS LESS THAN TWO YEARS OF CREDITED SERVICE, THE13 MEMBER'S FINAL AVERAGE COMPENSATION SHALL BE THE AVERAGE OF THE14 MEMBER'S ANNUAL COMPENSATION FOR THE MEMBER'S TOTAL YEARS OF15 CREDITED SERVICE. FINAL AVERAGE COMPENSATION DOES NOT INCLUDE LUMP16 SUM PAYMENTS TO A MEMBER IN CONNECTION WITH HIS OR HER RETIREMENT.17 (K) FINAL COMPENSATION MEANS A MEMBER'S ANNUAL RATE OF18 COMPENSATION AT THE TIME OF TERMINATION OF THE MEMBER'S LAST19 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 AttorneyDated:5

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    DRAFT NO. 112/20/10

    1 (M) IRC MEANS THE UNITED STATES INTERNAL REVENUE CODE OF 1986, AS2 AMENDED.3 (N) MEMBER MEANS AN EMPLOYEE WHO IS INCLUDED IN THE MEMBERSHIP OF4 THE RETIREMENT SYSTEM PURSUANT TO SECTION 292.14.5 (0) MEMBER INTEREST MEANS THE RATE APPLIED TO EACH MEMBER'S6 ACCUMULATED CONTRIBUTIONS.7 (P) PENSION MEANS AN ANNUAL AMOUNT, TO BE PAID PURSUANT TO THIS8 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 THIS11 CHAPTER.12 (Q) RETIREE MEANS A FORMER MEMBER OF THE SYSTEM WHO MEETS ALL THE13 APPLICABLE ELIGIBILITY REQUIREMENTS OF THE SYSTEM UNDER THIS14 CHAPTER AND RECEIVES A THE RETIREMENT SYSTEM PENSION.15 (R) RETIREMENT ALLOWANCE MEANS THE SUM OF THE ANNUITY AND THE16 PENSION PAYMENTS.17 (S) RETIREMENT SYSTEM OR SYSTEM MEANS THE EMPLOYEES' RETIREMENT18 SYSTEM ESTABLISHED UNDER THIS CHAPTER.19 (T) SERVICE MEANS PERSONAL SERVICE ACTUALLY RENDERED TO THE CITY20 OR THE DISTRICT COURT BY AN EMPLOYEE WHILE A MEMBER OF THE21 RETIREMENT SYSTEM.

    Approved as to form:

    Brigham Smith, City AttorneyDated:6

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    DRAFT NO.112/20/10

    1 (U) SIXTY-FIVE POINT FORMULA MEANS WHEN A MEMBER'S AGE AND2 ' 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 ACCOUNT5 OF A DISABILITY OR DEATH ARISING OUT OF AND IN THE COURSE OF A6 MEMBER'S EMPLOYMENT. IF THE MEMBER, RETIREE OR BENEFICIARY IS PAID A7 SINGLE SUM IN LIEU OF FUTURE WORKERS' COMPENSATION, THEN THAT8 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 MONEY13 PURCHASE DEFINED CONTRIBUTION PLAN EFFECTIVE OCTOBER 1, 1990, AS14 AMENDED.15 292.03. BOARD OF TRUSTEES; ESTABLISHMENT AND FUNCTIONS.16 THE RETIREMENT SYSTEM BOARD OF TRUSTEES IS ESTABLISHED, IN WHOM IS17 VESTED THE GENERAL ADMINISTRATION, MANAGEMENT AND RESPONSIBILITY18 FOR THE PROPER OPERATION OF THE RETIREMENT SYSTEM, AND THE19 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 AttorneyDated:

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    DRAFT NO. 112/20/10

    1 (2) A MEMBER OF THE CITY COUNCIL WHO IS APPOINTED BY, AND SERVES AT2 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 THE6 MEMBERS OF THE RETIREMENT SYSTEM UNDER RULES AND REGULATIONS THE7 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 IS11 NOT PRESENTLY ELIGIBLE TO RECEIVE BENEFITS FROM THE RETIREMENT12 SYSTEM; AND13 (7) A RESIDENT OF MICHIGAN APPOINTED BY THE MAYOR, WITH THE CONSENT14 OF CITY COUNCIL, WHO IS A RETIREE OF THE RETIREMENT SYSTEM.15 (B) THE TERM OF OFFICE FOR EACH ELECTED AND APPOINTED TRUSTEE SHALL16 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 CONSECUTIVE19 MEETINGS OF THE BOARD OF TRUSTEES, UNLESS IN EACH CASE EXCUSED FOR20 CAUSE BY THE REMAINING TRUSTEES ATTENDING SUCH MEETINGS, OR IF A21 MEMBER TRUSTEE LEAVES THE EMPLOY OF THE CITY, OR AN APPOINTED22 TRUSTEE NO LONGER RESIDES IN MICHIGAN , THEN THAT TRUSTEE SHALL BE

    Approved as to form:

    Brigham Sm ith, City AttorneyDated:

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    DRAFT NO. 112/20/10

    1 (C) A MAJORITY OF CONCURRING VOTES SHALL BE NECESSARY FOR A2 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 THEIR5 SERVICES AS TRUSTEES.

    (B) THE CITY DIRECTOR OF FINANCE SHALL BE SECRETARY OF THE BOARD OF7 TRUSTEES.8 (C) THE BOARD MAY RETAIN SERVICE PROVIDERS AS REQUIRED. THE9 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, DATA13 NECESSARY FOR AN ACTUARIAL VALUATION OF THE ASSETS AND LIABILITIES14 OF THE RETIREMENT SYSTEM AND FOR CHECKING AND COMPILING THE15 EXPERIENCE OF THE SYSTEM.16 (B) ON OR BEFORE JULY 15 OF EACH YEAR, THE BOARD SHALL RENDER AN17 ACTUARIAL REPORT OF THE RETIREMENT SYSTEM AND A REPORT OF THE18 INVESTMENT RESULTS OF THE RETIREMENT SYSTEM ASSETS, INCLUDING THE19 AMOUNTS OF CASH AND SECURITIES HELD BY THE SYSTEM AND THE LAST20 BALANCE SHEET OF THE SYSTEM, TO THE MAYOR AND COUNCIL FOR THE YEAR21 THAT ENDED ON THE PRECEDING DECEMBER 31.22 292.11. MEDICAL DIRECTOR.

    Approved as to form:

    Brigham Smith, City AttorneyDated:0

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    DRAFT NO. 112/20/10

    1 THE BOARD OF TRUSTEES SHALL APPOINT AS MEDICAL DIRECTOR A PHYSICIAN2 WHO IS NOT ELIGIBLE TO PARTICIPATE IN THE RETIREMENT SYSTEM AS A3 MEMBER, RETIREE OR BENEFICIARY. HE OR SHE SHALL ARRANGE FOR AND PASS4 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'S7 APPLICATION FOR DISABILITY RETIREMENT, OR IN CONNECTION WITH A CLAIM8 FOR SERVICE-CONNECTED DEATH BENEFITS, AND REPORT IN WRITING TO THE9 BOARD HIS OR HER CONCLUSIONS AND RECOMMENDATIONS ON MEDICAL

    10 MATTERS REFERRED TO HIM OR HER BY THE BOARD. THE MEDICAL DIRECTOR11 SHALL BE DIRECTLY RESPONSIBLE TO, AND SHALL HOLD OFFICE AT THE12 PLEASURE OF, THE BOARD.13 292.12. ACTUARY.14 THE BOARD OF TRUSTEES SHALL APPOINT AN ACTUARY, WHO SHALL BE THE15 TECHNICAL ADVISOR TO THE BOARD ON MATTERS REGARDING THE OPERATION16 OF THE RETIREMENT SYSTEM, AND WHO SHALL PERFORM SUCH OTHER DUTIES17 THE BOARD REQUIRES OF HIM OR HER UNDER THIS CHAPTER.18 292.13. ACTUARIAL INVESTIGATION; ADOPTION OF TABLES OF EXPERIENCE AND19 RATES OF INTEREST.20 AT LEAST ONCE IN EACH FIVE-YEAR PERIOD, THE BOARD OF TRUSTEES SHALL21 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 AttorneyDated:1

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    DRAFT NO. 112/20/10

    1 BENEFICIARIES. ON THE BASIS OF THIS ACTUARIAL INVESTIGATION, THE BOARD2 SHALL ADOPT FOR THE RETIREMENT SYSTEM THE MORTALITY, SERVICE AND3 OTHER EXPERIENCE TABLES AS ARE NECESSARY IN THE OPERATION OF THE4 RETIREMENT SYSTEM ON AN APPROPRIATE ACTUARIAL BASIS AND SHALL5 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 RETIREMENT13 SYSTEM, SET FORTH IN CHAPTER 294.14 (3) EMPLOYEES WHO ARE RECEIVING OR ENTITLED TO RECEIVE A RETIREMENT15 ALLOWANCE,.A DEFERRED RETIREMENT ALLOWANCE OR A DISABILITY16 RETIREMENT ALLOWANCE FROM THE POLICE AND FIRE RETIREMENT SYSTEM.17 (4) EMPLOYEES WHO ARE EMPLOYED IN POSITIONS NORMALLY REQUIRING18 LESS THAN 2,000 HOURS OF WORK PER YEAR PROVIDED, HOWEVER, THAT IN19 CALCULATING, HOURS OF WORK, FURLOUGH DAYS AND HOURS IMPOSED BY20 THE CITY FOR BUDGETARY PURPOSES SHALL BE INCLUDED IN ESTABLISHING21 THE TOTAL OF HOURS WORKED.

    Approved as to fonn:

    Brigham Smith, City AttorneyDated:12

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    DRAFT NO. 112/20/10

    1 CONTRIBUTION PLAN. THOSE EMPLOYEES WHO ELECTED TO BECOME PART OF2 THE DEFINED CONTRIBUTION PLAN, WAIVED ALL R IGHTS UNDER THE

    3 EMPLOYEES ' RETIREMENT SYSTEM TO A PENSION, ANNUITY, RETIREMENT4 ALLOWANCE OR RETURN OF ACCUMULATED CONTRIBUTIONS ON THE5 EFFECTIVE DATE OF TERMINATION OF MEMBERSHIP.6 NOTWITHSTANDING THAT THE AFORESTATED ELECTION WAS INTENDED TO BE7 IRREVOCABLE WHEN ENACTED, THE CITY PERMITTED EMPLOYEES IN THE8 FOLLOWING CLASSIFICATIONS, WHO WERE FORMER mEMBERS A ND HAD9 ELECTED TO TRANSFER TO THE DEFINED CONTRIBUTION PLAN, A ONE-TIME

    10 VOLUNTARY IRREVOC ABLE OPTION TO ELECT TO LEAVE THE DEFINED11 CONTRIBUTION PLAN AND AGAIN BECOME A MEMB ER OF THE EMPLOYEES'12 RETIREMENT SYSTEM. THIS ELECTION REQUIRED THE EMPLOYEE TO FILE THE13 REQUISITE FORM WITH THE BOARD BY AN ELECTION DATE TO BE EFFECTIVE.14 AN EMPLOYEE WHO ELECTED TO RETURN TO THE EMPLOYEES' RETIREMENT15 SYSTEM UNDER THIS OPTION IS REFERRED TO IN THIS cHAPTER AS A "WINDOW16 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 COURT21 TEAMSTERS, DISTRICT COURT EXEMPT.22 (3) ELECTION DATE APRIL 20, 2001 FOR FOP 911 OPERATORS' DIVISION.

    Approved as to form:

    Brigham Smith, City AttorneyDated:4

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    DRAFT NO. 112/20/10

    1 THE RIGHTS AND BENEFITS OF EMPLOYEES REFERENCED IN THIS SUBSECTION2 (C) ARE ESTABLISHED AND SHALL BE DETERMINED IN ACCORDANCE WITH THE3 PROVISIONS OF THE ORDINANCE PLAN IN EFFECT W HEN THE RESPECTIVE4 ELECTION WAS EXERCISED OR COULD H AVE BEEN EXERCISED, OR AS5 OTHERWISE MADE APPLICABLE TO WINDOW EMPLOYEES, INCLUDING THE6 PURCHASE OF SERVICE CRED ITS UNDER FORMER SECTION 292.14(C) AND7 FORMER SECTIONS 292.155(B) AND 292.115(C). THE PURCHASE OF SERVICE8 CREDITS BY WINDOW EMPLOYEES HAS BEEN DOCUMENTED AND KEPT BY THE9 CITY IN APPROPRIATE RECORDS IN THE DEPARTMENT OF FINANCE.

    10 (D) EFFECTIVE OCTOBER 1, 2003, ANY EMPLOYEE IN ANY OF THE FOLLOWING11 CLASSIFICATIONS WHO WAS AN ACTIVE mEMBER OF THE CITY'S DEFINED12 CONTRIBUTION PLAN ON SEPTEMBER 30, 2003, SHALL BE DEEMED A MEMBER OF13 THE RETIREMENT SYSTEM AS OF OCTOBER 1, 2003; AND ANY EMPLOYEE HIRED14 INTO ANY OF THESE CLASSIFICATIONS AFTER SEPTEMBER 30, 2003, SHALL BE A15 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 AttorneyDated:5

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    DRAFT NO. 112/20/10

    1 THE SERVICE CREDIT VESTING AND MULTIPLIER CALCULATIONS FOR THESE2 MEMBERS ARE SET FORTH IN SECTIONS 292.22 AND 292.23.3 (E) EFFECTIVE DECEMBER 1, 2003, ANY EMPLOYEE IN ANY OF THE FOLLOWING4 CLASSIFICATIONS WHO WAS AN ACTIVE mEMBER OF THE CITY'S DEFINED5 CONTRIBUTION PLAN ON NOVEMBER 30, 2003, SHALL BE DEEMED A MEMBER OF6 THE RETIREMENT SYSTEM AS OF DECEMBER 1, 2003; AND ANY EMPLOYEE HIRED7 INTO ANY OF THESE CLASSIFICATIONS AFTER NOVEMBER 30, 2003, SHALL BE A8 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 THESE12 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 EMPLOYEE14 IN CLASSIFICATION OF FOP 911 OPERATORS' DIVISION WHO WAS AN ACTIVE15 MEMBER OF THE DEFINED CONTRIBUTION PLAN ON APRIL 30, 2004, SHALL BE16 DEEMED A MEMBER AS OF MA Y 1, 2004. ANY EMPLOYEE HIRED INTO THIS17 CLASSIFICATION AFTER APRIL 30, 2004, SHALL BE A M EMBER AS OF THAT18 EMPLOYEE'S HIRE DATE. THE SERVICE CRED IT VESTING AND MULTIPLIER19 CALCULATIONS FOR THESE MEMBERS SHALL BE AS SET FORTH IN SECTIONS20 292.22 AND 292.23.21 (G) THE BOARD SHALL ANSWER ALL QUESTIONS ABOUT THE RETIREMENT22 SYSTEM MEMBERSHIP STATUS OF ANY EMPLOYEE.

    16Dated: Brigham Smith, City Attorney

    Approved as to form:

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    DRAFT NO. 112/20/10

    1 292.15. RE-EMPLOYMENT OF A RETIREE.2 IF A RETIREE, WHO RETIRED UNDER SECTION 292.22, RETURNS TO THE EMPLOY3 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, HE12 OR SHE SHALL BE ENTITLED TO ANOTHER RETIREMENT ALLOWANCE13 COMPUTED ACCORDING TO SECTION 292.23, REGARDLESS OF THE NUMBER OF14 YEARS OF CREDITED SERVICE ACQUIRED DURING SUCH RE-EMPLOYMENT. HIS15 OR HER RETIREMENT SHALL BE COMPUTED ON THE BASIS OF THE NUMBER OF16 YEARS AND MONTHS OF CREDITED SERVICE ACQUIRED BY HIM OR HER DURING17 THE PERIOD. OF HIS OR HER RE-EMPLOYMENT AND HIS OR HER FINAL AVERAGE18 COMPENSATION DETERMINED FOR THE PERIOD OF SUCH RE-EMPLOYMENT.19 UPON HIS OR HER SUBSEQUENT RETIREMENT, HE OR SHE SHALL HAVE THE20 RIGHT TO ELECT AN OPTION, PROVIDED IN SECTION 292.31, WITH RESPECT TO21 SUCH SUBSEQUENT RETIREMENT ALLOWANCE.

    17Dated: Brigham Smith, City Attorney

    Approved as to form:

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    DRAFT NO. 112/20/10

    1 (D) INSTEAD OF RECEIVING A RETIREMENT ALLOWANCE PROVIDED IN THIS2 SECTION, HE OR SHE SHALL HAVE THE RIGHT TO THE RETURN OF HIS OR HER3 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 TO7 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 OR11 SHE SHALL THEREUPON CEASE TO BE A MEMBER AND HIS OR HER CREDITED12 SERVICE AT THAT TIME SHALL BE FORFEITED BY HIM OR HER, UNLESS13 OTHERWISE PROVIDED IN THIS CHAPTER. IF HE OR SHE IS RE-EMPLOYED BY THE14 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 AFTER16 THE DATE OF HIS OR HER LAST SEPARATION FROM CITY EMPLOYMENT, OR IN17 OTHER CASES OF SPECIAL CIRCUMSTANCE UPON APPROVAL OF COUNCIL,18 AFTER REVTFW AND RECOMMENDATION BY THE BOARD OF TRUSTEES, HIS OR19 HER CREDITED SERVICE LAST FORFEITED BY HIM OR HER SHALL BE RESTORED20 TO HIS OR HER CREDIT, SUBJECT TO SECTION 292.38(E). IF A MEMBER BECOMES A21 RETIREE, HE OR SHE SHALL CEASE TO BE A MEMBER AND SHALL NOT AGAIN

    Approved as to form:

    Brigham Smith, City AttorneyDated:8

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    DRAFT NO. 112/20/10

    1 BECOME A MEMBER, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER. IF A2 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 CREDITS5 FOR RETIREMENT PENSION BENEFITS PURSUANT TO IRC SECTION 415(N)(3)(B),6 PROVIDED THE MEMBER MEETS ALL OF THE FOLLOWING ADDITIONAL7 CRITERIA:8 (1) IS A MEMBER AT THE TIME OF THE ELECTION AND PURCHASE; AND9 (2) HAS EARNED AT LEAST EIGHT YEARS OF SERVICE CREDITS FOR ACTUAL

    10 CITY SERVICE WHILE A MEMBER; AND11 (3) SIGNS AND DELIVERS TO THE CITY A REQUEST FOR ACTUARIAL12 CALCULATIONS OF THE MEMBERS COST TO PURCHASE SERVICE CREDITS13 UNDER THIS SECTION AND PAYS THE FEE FOR THE ACTUARIAL SERVICES AND14 COST OF WORKSHEET PREPARATION; AND15 (4) SIGNS AND DELIVERS TO THE CITY, WITHIN 60 DAYS OF HIS OR HER RECEIPT16 OF THE ACTUARIAL COST WORKSHEET, THE REQUISITE WRITTEN AGREEMENT17 TO PURCHASE SERVICE CREDIT AND ELECTS IN THE AGREEMENT TO PURCHASE18 A SPECIFIC NUMBER OF MONTHS AND/OR YEARS OF SERVICE CREDITS; AND19 (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 TO22 PURCHASE SERVICE CREDITS; AND

    Approved as to form:

    Brigham Smith, City AttorneyDated:9

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    DRAFT NO. 112/20/10

    1 (6) BY PURCHASING SUCH SERVICE CREDITS, WILL NOT EXCEED THE2 LIMITATIONS PRESCRIBED BY IRC SECTION 415.3 IF A MEMBER DOES NOT PURCHASE AT ONE TIME THE FULL FIVE YEARS OF4 SERVICE CREDITS, HE OR SHE MAY PURCHASE ADDITIONAL SERVICE CREDITS5 OF UP TO A MAXIMUM THAT DOES NOT EXCEED THE AGGREGATE OF FIVE6 YEARS, PROVIDED THAT AT THE TIME OF AND FOR EACH PURCHASE, THE7 MEMBER MEETS ALL THE CRITERIA IN THIS SECTION. SERVICE CREDITS

    PURCHASED PURSUANT TO THIS SECTION SHALL BE AT 100 PERCENT OF THE9 EMPLOYEES' RETIREMENT SYSTEM COST TO FUND THE MEMBER'S PENSION

    10 BENEFIT ACTUARIALLY DETERMINED BY THE EMPLOYEES' RETIREMENT11 SYSTEM'S ACTUARY FOR THE TIME OF PURCHASE.12 SERVICE CREDITS PURCHASED PURSUANT TO THIS SECTION SHALL NOT BE13 USED OR INCLUDED IN MEETING ANY OF THE REQUIREMENTS FOR ELIGIBILITY14 FOR RETIREMENT HEALTH CARE, WHETHER CONTAINED IN CHAPTER 293,15 COLLECTIVE BARGAINING AGREEMENTS OR APPLICABLE FRINGE BENEFIT16 PLANS, INCLUDING THE MINIMUM YEARS OF ACTUAL SERVICE OR THE17 MINIMUM AGE AT WHICH THE BENEFIT BEGINS.18 NOTWITHSTANDING OTHER SOURCES OF FUNDS USED TO PURCHASE SERVICE19 CREDITS UNDER THIS SECTION, AND SOLELY IF THE MEMBER RETIRES WITHIN 6020 DAYS OF HIS OR HER RECEIPT OF THE ACTUARIAL COST WORKSHEET AND21 OTHERWISE COMPLIES WITH THIS SECTION, THE SERVICE CREDITS MAY BE22 PURCHASED AFTER RETIREMENT FOR A PERIOD NOT TO EXCEED 30 DAYS

    Approved as to form:

    Brigham Smith, City AttorneyDated:0

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    DRAFT NO. 112/20/10

    1 FOLLOWING THE RETIREMENT DATE, BY A DIRECT ROLLOVER OF ELIGIBLE2 ROLLOVER DISTRIBUTIONS, AS DESCRIBED IN IRC SECTION 401(A)(31),3 OTHERWISE PAYABLE TO THE ELIGIBLE EMPLOYEE FROM THE CITY OF LANSING4 IRC 457 DEFERRED COMPENSATION PLAN.5 292.18. FURNISHING INFORMATION TO BOARD.6 UNDER SUCH RULES AND REGULATIONS AS THE BOARD OF TRUSTEES FROM7 TIME TO TIME ADOPTS, EACH MEMBER SHALL FURNISH SUCH INFORMATION AS8 THE BOARD MAY REQUIRE FOR THE PROPER OPERATION OF THE RETIREMENT9 SYSTEM.

    10 292.19. RULES GOVERNING SERVICE CREDIT.11 (A) THE BOARD OF TRUSTEES SHALL FIX AND DETERMINE, BY APPROPRIATE12 RULES AND REGULATIONS CONSISTENT WITH THIS CHAPTER, THE AMOUNT OF13 SERVICE TO BE CREDITED A MEMBER IN ANY CALENDAR YEAR. IN NO CASE14 SHALL LESS THAN (1) TEN DAYS OF ACTUAL SERVICE RENDERED BY THE15 MEMBER IN ANY CALENDAR MONTH BE CREDITED AS A MONTH OF SERVICE16 AND (2) EIGHT MONTHS OF SERVICE RENDERED BY THE MEMBER IN ANY17 CALENDAR YEAR BE CREDITED AS A YEAR OF SERVICE; NOR(3) TWELVE18 MONTHS OF SERVICE BE CREDITED ANY MEMBER FOR ALL SERVICE RENDERED19 BY THE MEMBER IN ANY CALENDAR YEAR.20 (B) CREDITED SERVICE SHALL BE FORFEITED IF A MEMBER'S ACCUMULATED21 CONTRIBUTIONS ARE WITHDRAWN FROM THE EMPLOYEES' SAVINGS FUND AND

    Approved as to form:

    Brigham Smith, City AttorneyDated:21

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    DRAFT NO. 112/20/10

    1 PAID TO A MEMBER OR A BENEFICIARY, INCLUDING AN ESTATE, EXCEPT AS2 PROVIDED IN SECTION 292.33.3 (C) A MEMBER MAY HAVE FORFEITED CREDIT SERVICE RESTORED TO THE4 MEMBER'S ACCOUNT UPON SATISFACTION OF EACH OF THE FOLLOWING5 CONDITIONS:6 (1) MEMBERSHIP RECOMMENCES WITHIN FOUR YEARS FROM AND AFTER THE7 LAST DATE OF TERMINATION OF MEMBERSHIP.8 (2) THE RETIREMENT SYSTEM IS PAID THE TOTAL AMOUNT OF ACCUMULATED9 CONTRIBUTIONS PREVIOUSLY WITHDRAWN, PLUS REGULAR INTEREST FROM,

    10 OR WITHDRAWAL TO, THE DATE OF REPAYMENT. REPAYMENT SHALL BE MADE11 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 UNIFORMED14 SERVICES (AS DEFINED IN 38 UNITED STATES CODE 4303, AS AMENDED) OF THE15 UNITED STATES OF AMERICA SHALL HAVE SUCH SERVICE IN THE UNIFORMED16 SERVICES CREDITED IN THE SAME MANNER, SUBJECT TO 38 UNITED STATES17 CODE 4304, AS AMENDED, AS IF THE MEMBER HAD BEEN AN EMPLOYEE18 WITHOUT INTERRUPTION, PROVIDED THAT:19 (A) THE MEMBER RETURNS AS AN EMPLOYEE WITHIN ONE YEAR AFTER THE20 DATE OF TERMINATION OF THE UNIFORMED SERVICE OF THE MEMBER, OR IF21 THE MEMBER INCURS OR AGGRAVATES AN INJURY OR ILLNESS DURING THE

    Approved as to form:

    Brigham Smith, City AttorneyDated:22

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    DRAFT NO.112/20/10

    1 PERFORMANCE OF SERVICE IN THE UNIFORMED SERVICES, THE MEMBER2 COMPLIES WITH THE PROVISIONS OF 38 UNITED STATES CODE 4312.3 (B) THE MEMBER RETURNS TO THE EMPLOYEES' SAVINGS FUND ALL AMOUNTS4 THE MEMBER WITHDREW THEREFROM WHEN THE MEMBER ENTERED OR WHILE5 IN SUCH UNIFORMED SERVICE, TOGETHER WITH INTEREST THEREON FROM THE6 DATE OF WITHDRAWAL TO THE DATE OF REPAYMENT.

    (C) IN NO CASE SHALL ANY MEMBER BE CREDITED WITH MORE THAN FIVEYEARS OF CITY SERVICE FOR ALL SUCH UNIFORMED SERVICE RENDERED BY

    9 THE MEMBER.10 (D) THE MEMBER MAKES ALL CONTRIBUTIONS TO THE EMPLOYEE SAVINGS11 FUND WHICH THE MEMBER WOULD HAVE MADE, PURSUANT TO SECTION 292.38,12 HAD THE MEMBER REMAINED CONTINUOUSLY EMPLOYED BY THE CITY13 THROUGHOUT THE MEMBER'S PERIOD OF UNIFORMED SERVICE. ANY PAYMENT14 TO THE EMPLOYEE SAVINGS FUND SHALL BE MADE DURING THE PERIOD15 BEGINNING WITH THE DATE OF THE MEMBER'S REEMPLOYMENT AND ENDING16 ON THE DATE WHICH IS THE SHORTER OF: (I) THREE TIMES THE PERIOD OF THE17 MEMBER'S SERVICE IN THE UNIFORMED SERVICES, OR (II) FIVE YEARS FROM18 THE DATE OF REEMPLOYMENT.19 DURING A MEMBER'S UNIFORMED SERVICE AND UNTIL THE MEMBER'S RETURN20 AS AN EMPLOYEE, THE MEMBER'S CONTRIBUTIONS INTO THE EMPLOYEES'21 SAVINGS FUND SHALL BE SUSPENDED AND THE MEMBER'S BALANCE THEREIN22 SHALL BE ACCUMULATED WITH INTEREST.

    Approved as to form:

    Brigham Smith, City AttorneyDated:3

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    DRAFT NO. 112/20/10

    1 IN THIS CHAPTER, THE TERM "SERVICE IN THE UNIFORMED SERVICES OF THE2 UNITES STATES OF AMERICA" DEFINED IN 38 UNITED STATES CODE 4303, AS3 LIMITED BY 38 UNITED STATES CODE 4304, SHALL HAVE THE SAME MEANING4 AS THE TERM "QUALIFIED MILITARY SERVICE" AS DEFINED IN IRC SECTION5 414(U).6 292.21. CREDIT TO MEMBER'S SERVICE ACCOUNT.7 SUBJECT TO THIS CHAPTER AND TO SUCH RULES AND REGULATIONS AS THE8 BOARD OF TRUSTEES MAY FROM TIME TO TIME ADOPT TO ADMINISTER THIS9 CHAPTER, THE BOARD SHALL CREDIT EACH MEMBER'S SERVICE ACCOUNT WITH

    10 THE NUMBER OF YEARS AND MONTHS OF SERVICE TO WHICH THE MEMBER IS11 ENTITLED.12 292.22. RETIREMENT AGE AND SERVICE REQUIREMENTS.13 (A) EXCEPT AS PROVIDED IN SUBSECTION (B), (C) OR (D) OF THIS SECTION, ANY14 MEMBER WHO HAS EITHER ATTAINED (1) THE AGE OF 58 YEARS AND HAS EIGHT15 OR MORE YEARS OF CREDITED SERVICE, OR (2) THE AGE OF 55 YEARS AND HAS16 25 OR MORE YEARS OF CREDITED SERVICE, MAY RETIRE UPON HIS OR HER17 WRITTEN APPLICATION TO THE BOARD OF TRUSTEES SETTING FORTH AT WHAT18 TIME, NOT LESS THAN 30 DAYS OR MORE THAN 90 DAYS, SUBSEQUENT TO THE19 EXECUTION AND FILING THEREOF, SUCH MEMBER DESIRES TO RETIRE. UPON20 RETIREMENT, THE MEMBER SHALL RECEIVE A RETIREMENT ALLOWANCE AS21 PROVIDED IN SECTION 292.23.

    Approved as to form:

    Brigham Sm ith, City AttorneyDated:24

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    DRAFT NO. 112/20/10

    (1) FOR VESTING PURPOSES OF THIS SECTION ONLY, AND NOT FOR2 PURPOSES OF SERVICE RETIREMENT ALLOWANCE MULTIPLIER3 CALCULATIONS UNDER SECTION 292.23, A MEMBER, WHO BECOMES A4 MEMBER PURSUANT TO PRIOR SECTION 292.14(D), SECTION 292.14(E) OR5 SECTION 292.14(F), SHALL RECEIVE CREDITED SERVICE EQUAL TO THE6 NUMBER OF YEARS AND FULL MONTHS THAT THE MEMBER ACCRUED7 WHILE ENROLLED IN THE CITY'S DEFINED CONTRIBUTION PLAN.8 (2) A MEMBER W HO 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 IN11 SECTION 292.23 MULTIPLIER CALC ULATIONS UPON THE LUMP SUM12 PAYMENT TO THE RETIREMENT SYSTEM IN AN AMOUNT DETERMINED BY13 THE RETIREMENT SYSTEM ACTUARY FOR THE PARTICULAR MEMBER.14 FOR A SECTION 292.14(D) MEMBER, SUCH PAYMENT MUST HAVE. BEEN15 MADE NO LATER THAN DECEMBER 31, 2003, OR THE 90 TH DAY AFTER THE16 DATE OF MAILING OF THE LETTER TO THE MEMBER CONTAINING THE17 ACTUARIAL DETERMINATION, WHICHEVER LAST OCCURRED. FOR A18 SECTION 292.14(E) MEMBER, SUCH PAYMENT MUST HAVE BEEN MADE NO19 LATER THAN FEBRUARY 1, 2004, OR THE 90 TH DAY AFTER THE DATE OF

    20 MAILING OF THE LETTER TO THE MEMBER CONTAINING THE ACTUARIAL21 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 AttorneyDated:5

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    DRAFT NO. 112/20/10

    JULY 13, 2004, OR THE 90TH DAY AFTER THE DATE OF MAILING OF THE2 LETTER TO THE MEMBER CONTAINING THE ACTUARIAL DETERMINATION,3 WHICHEVER LAST OCCURRED. A MEMBER COULD NOT PURCHASE4 SERVICE CREDITS FOR SECTION 292.23 PURPOSES IN EXCESS OF THE5 CREDITED SERVICE THE MEMBER WAS ENTITLED TO UNDER SUBSECTION6 (A)(1) OF THIS SECTION BASED UPO N LONGEVITY IN THE DEFINED7 CONTRIBUTION PLAN. THE RIGHTS AND BENEFITS OF MEMBERS8 PURSUANT TO THIS SUBSECTION 292.22(A)(2) ARE ESTABLISHED AND HAVE9 BEEN DETERMINED IN ACCORDANCE WITH THE MEMBER'S PURCHASE OF

    10 SERVICE CREDITS FOR MULTIPLIER CALCULATIONS AT THE APPROPRIATE11 TIME. THE PURCHASE OF SERVICE CREDITS BY ALL MEMBERS UNDER12 THIS SUBSECTION HAS BEEN DOCUMENTED AND KEPT BY THE CITY IN13 APPROPRIATE RECORDS IN THE DEPARTMENT OF FINANCE.14 (B) A MEMBER WHO IS ASSOCIATED WITH UNITED AUTO WORKERS LOCAL 225615 AND WHO EITHER HAS ATTAINED THE AGE OF 58 YEARS AND HAS EIGHT OR16 MORE YEARS OF CREDITED SERVICE, OR WHO HAS ATTAINED THE AGE OF 5017 YEARS AND HAS 25 OR MORE YEARS OF CREDITED SERVICE, MAY RETIRE UPON18 HIS OR HER WRITTEN APPLICATION TO THE BOARD SETTING FORTH AT WHAT19 TIME, NEITHER LESS THAN 30 DAYS NOR MORE THAN 90 DAYS, SUBSEQUENT TO20 THE EXECUTION AND FILING THEREOF, SUCH MEMBER DESIRES TO BE RETIRED.21 UPON RETIREMENT, THE MEMBER SHALL RECEIVE A RETIREMENT ALLOWANCE22 AS PROVIDED IN SECTION 292.23.

    Approved as to form:

    Brigham Smith, City AttorneyDated:6

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    DRAFT NO. 112/20/10

    1 (C) A MEMBER WHO DOES NOT ELECT TO TERMINATE MEMBERSHIP AS2 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, AND5 WHOSE YEARS AND FULL MONTHS OF ATTAINED AGE, WHEN ADDED TO THE6 YEARS AND FULL MONTHS OF CREDITED SERVICE, EQUAL OR EXCEED 65 YEARS,7 MAY RETIRE UPON HIS OR HER WRITTEN APPLICATION TO THE BOARD. SUCH8 APPLICATION SHALL SET FORTH AT WHAT TIME, NEITHER LESS THAN 30 NOR9 MORE THAN 90 DAYS SUBSEQUENT TO THE EXECUTION AND FILING THEREOF,

    10 THE MEMBER DESIRES TO BE RETIRED. UPON THE MEMBER'S RETIREMENT, THE11 MEMBER SHALL RECEIVE A RETIREMENT ALLOWANCE AS PROVIDED IN12 SECTION 292.23. THE FOREGOING NOTWITHSTANDING, THIS PROVISION SHALL13 NOT BE OPERATIVE FOR ANY FOP 911 OPERATORS' DIVISION EMPLOYEES,14 EXCEPT AS FOLLOWS:15 (1) THEREAFTER, ANY FOP 911 OPERATORS' DIVISION EMPLOYEE, SATISFYING16 SAID FORMULA ON OR AFTER AUGUST 20, 1994, SHALL BE ELIGIBLE TO RETIRE IN17 ACCORDANCE WITH SAID FORMULA.18 (D) FURTHER, VESTED EMPLOYEES FROM THE FOLLOWING EMPLOYEE GROUPS19 ARE ELIGIBLE FOR RETIREMENT IN ACCORDANCE WITH SAID "SIXTY-FIVE20 POINT" FORMULA, RETROACTIVE TO THEIR RETIREMENT DATES:21 (1) TEAMSTER SUPERVISORY AND NON-SUPERVISORY, EXEMPT AND22 APPOINTED EMPLOYEES AND EXECUTIVE MANAGEMENT PLAN EMPLOYEES

    Approved as to form:

    Brigham Smith, City AttorneyDated:

    7

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    DRAFT NO. 112/20/10

    1 RETIRING IN ACCORDANCE WITH THE "SIXTY-FIVE POINT" FORMULA PURSUANT2 TO THE TERMS OF THE EARLY RETIREMENT INCENTIVES APPROVED BY COUNCIL3 ON APR IL 18, 1988.4 292.23. RETIREMENT AGE AND SERVICE RETIREMENT ALLOWANCE.5 (A) UPON RETIREMENT, AN ELIGIBLE RETIREE, WHO HAS MET THE RETIREMENT6 AGE AND SERVICE REQUIREMENTS IN SECTION 292.23, SHALL BE ENTITLED TO7 RECEIVE A STRAIGHT LIFE RETIREMENT ALLOWANCE CALCULATED PURSUANT8 TO THIS SECTION, OR IN THE ALTERNATIVE, TO SELECT A REDUCED9 RETIREMENT ALLOWANCE OPTION PROVIDED IN SECTION 292.3, AND

    10 CALCULATED UNDER SECTION 292.31. THE STRAIGHT LIFE RETIREMENT11 ALLOWANCE SHALL BE A PENSION PAYABLE ANNUALLY IN ACCORDANCE WITH12 THIS CHAPTER AND EQUAL TO THE NUMBER OF YEARS, AND FRACTION OF A13 YEAR, OF THE MEMBER'S CREDITED SERVICE MULTIPLIED BY THE APPLICABLE14 MULTIPLIER STATED IN THIS SECTION, WHICH IS A PERCENTAGE OF THE15 MEMBER'S FINAL AVERAGE COMPENSATION. IN NO CASE SHALL THE PENSION16 EXCEED 100 PERCENT OF A MEMBER'S FINAL AVERAGE COMPENSATION.17 (B) THE CREDITED SERVICE MULTIPLIER FOR A MEMBER, BY EMPLOYEE18 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 IS22 2.75 PERCENT.

    Approved as to form:

    Brigham Smith, City AttorneyDated:8

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    DRAFT NO. 112/20/10

    PURCHASED BY THE MEMBER FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF2 ANY.3 15. FOR EXEMPT A/K/A NON-BARGAINING GROUP HIRED ON OR AFTER4 OCTOBER 29, 2990 AND WHO BECAME A MEMBER PURSUANT TO SECTION5 292.14(D), EFFECTIVE JANUARY 7, 2010, THE MULTIPLIER IS 1.8 PERCENT6 FOR SERVICE CREDITS EARNED ON OR AFTER OCTOBER 1, 2003, AND FOR7 ADDITIONAL SERVICE CREDITS PURCHASED FOR SERVICE WHILE A8 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, 199013 AND WHO DID NOT BECOME A PARTICIPANT IN THE DEFINED14 CONTRIBUTION PLAN, THE MULTIPLIER IS 2.75 PERCENT.1516 18. FOR EXECUTIVE MANAGEMENT PLAN HIRED BEFORE OCTOBER 29, 1990,17 AND WHO PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND18 THEN BECAME A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C),19 THE MULTIPLIER IS 2.75 PERCENT FOR SERVICE CREDITS EARNED ON OR20 AFTER OCTOBER 1, 2000, AND ADDITIONAL SERVICE CREDITS PURCHASED21 BY THE MEMBER FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF ANY.

    Approved as to form:

    Brigham Smith, City AttorneyDated:1

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    DRAFT NO. 112/20/10

    1 19. FOR EXECUTIVE MANAGEMENT PLAN HIRED BEFORE OCTOBER 29, 1990,2 AND WHO BECAME A MEMBER PURSUANT TO SECTION 292.14(D), THE3 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER4 OCTOBER 1, 2003, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED BY5 THE MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION6 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 WHO13 PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN BECAME14 A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C), THE MULTIPLIER15 IS 2.8 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER OCTOBER 1,16 2000, AND ADDITIONAL SERVICE CREDITS PURCHASED BY THE MEMBER17 FOR SERVICE PRIOR TO OCTOBER 1, 2000, IF ANY.18 23. FOR DISTRICT COURT EXEMPT HIRED ON OR AFTER OCTOBER 29, 1990, AND19 WHO BECAME A MEMBER PURSUANT TO SECTION 292.14(E), THE20 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER21 DECEMBER 1, 2003, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED

    Approved as to form:

    Brigham Smith, City AttorneyDated:2

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    DRAFT NO.112/20/10

    BY THE MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION2 PARTICIPANT, IF ANY.3 24. FOR DISTRICT COURT EXEMPT HIRED AFTER DECEMBER 1, 2003, THE4 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 CONTRIBUTIONPLAN, THE MULTIPLIER IS 2.8 PERCENT.

    26. FOR DISTRICT COURT TEAMSTER HIRED BEFORE OCTOBER 29, 1990, AND9 WHO PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN

    10 BECAME A WINDOW PERSON AS DESCRIBED IN SECTION 292.140, THE11 MULTIPLIER IS 2.75 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER12 OCTOBER 1, 2000, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED13 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), THE16 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER17 DECEMBER 1, 2003, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED18 BY THE MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION19 PARTICIPANT, IF ANY.20 28. FOR DISTRICT COURT TEAMSTER HIRED AFTER DECEMBER 1, 2003, THE21 MULTIPLIER IS 1.6 PERCENT.

    Approved as to form:

    Brigham Smith, City AttorneyDated:in

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    DRAFT NO. 112/20/10

    1 29. FOR FOP 911 OPERATORS' DIVISION HIRED BEFORE OCTOBER 29, 1990 AND2 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, AND5 WHO PARTICIPATED IN THE DEFINED CONTRIBUTION PLAN AND THEN6 BECAME A WINDOW PERSON AS DESCRIBED IN SECTION 292.14(C) THE7 MULTIPLIER IS 2.7 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER8 MAY 1, 2001, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED BY9 THE MEMBER FOR SERVICE PRIOR TO MAY 1, 2001, IF ANY.

    10 31. FOR FOP 911 OPERATORS' DIVISION ON OR AFTER OCTOBER 29, 1990, AND11 WHO BECAME A MEMBER PURSUANT TO SECTION 292.14(E), THE12 MULTIPLIER IS 1.6 PERCENT FOR SERVICE CREDITS EARNED ON OR AFTER13 MAY 1, 2004, AND FOR ADDITIONAL SERVICE CREDITS PURCHASED BY THE14 MEMBER FOR SERVICE WHILE A DEFINED CONTRIBUTION PARTICIPANT, IF15 ANY.16 32. FOR FOP 911 OPERATORS' DIVISION HIRED AFTER MAY 1, 2004, THE17 MULTIPLIER IS 1.6 PERCENT.18 (C) ANY MEMBER OF EMPLOYEE WHO HIRES OR TRANSFERS ON OR AFTER19 OCTOBER 1, 2003, INTO A POSITION WITHIN A DIFFERENT BARGAINING UNIT OR

    20 EMPLOYEE GROUP CLASSIFICATION OF EXEMPT, A/K/A NON-BARGAINING21 GROUP, MAYORAL STAFF, COUNCIL STAFF, DISTRICT COURT EXEMPT, DISTRICT22 COURT TEAMSTERS, AND FOP 911 OPERATORS' DIVISION, SHALL ONLY RECEIVE

    Approved as to form:

    Brigham Smith, City AttorneyDated:4

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    DRAFT NO.112/20/10

    1 THE. SERVICE CREDIT MULTIPLIER FOR THE NEW POSITION BARGAINING UNIT OF2 EMPLOYEE GROUP CLASSIFICATION FOR CREDITED SERVICE AFTER SAID3 TRANSFER OR HIRE DATE AND SHALL RETAIN THE BARGAINING UNIT OR4 EMPLOYEE GROUP CLASSIFICATION MULTIPLIER, IF ANY, FOR CREDITED5 SERVICE BEFORE OCTOBER 1, 2003 IN THE BARGAINING UNIT OR EMPLOYEE6 GROUP CLASSIFICATION FROM WHICH THE EMPLOYEE TRANSFERRED. A7 MEMBER WHO TRANSFERS INTO THE CLASSIFICATION OF EXECUTIVE8 MANAGEMENT PLAN SHALL RETAIN THE MULTIPLIER FOR CREDITED SERVICE9 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 OF12 TRUSTEES MAY FROM TIME TO TIME ADOPT, ANY MEMBER WHO RETIRES PRIOR13 TO THE ATTAINMENT OF THE AGE OF 65 YEARS MAY ELECT TO HAVE HIS OR HER14 STRAIGHT LIFE RETIREMENT ALLOWANCE ACTUARIALLY EQUATED TO PROVIDE15 AN INCREASED RETIREMENT ALLOWANCE PAYABLE TO THE MEMBER'S16 ATTAINMENT OF THE AGE OF 65 YEARS AND A REDUCED RETIREMENT17 ALLOWANCE PAYABLE THEREAFTER. THE MEMBER'S INCREASED RETIREMENT18 ALLOWANCE PAYABLE TO THE MEMBER'S ATTAINMENT OF THE AGE OF 6519 YEARS SHALL APPROXIMATE THE SUM OF THE MEMBER'S REDUCED20 RETIREMENT ALLOWANCE PAYABLE AFTER THE ATTAINMENT OF THE AGE OF 6521 YEARS AND THE MEMBER'S ESTIMATED SOCIAL SECURITY PRIMARY22 INSURANCE AMOUNT.

    Approved as to fonn:

    Brigham Smith, City AttorneyDated:5

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    DRAFT NO. 112/20/10

    1 (E) IF A RETIREE DIES BEFORE HAVING RECEIVED, IN STRAIGHT LIFE2 RETIREMENT ALLOWANCE PAYMENTS, AN AGGREGATE AMOUNT EQUAL TO HIS3 OR HER ACCUMULATED CONTRIBUTIONS STANDING TO HIS OR HER CREDIT IN4 THE EMPLOYEES' SAVINGS FUND AT THE TIME OF HIS OR HER RETIREMENT, THE5 DIFFERENCE BETWEEN THE MEMBER'S ACCUMULATED CONTRIBUTIONS AND6 THE AGGREGATE AMOUNT OF STRAIGHT LIFE RETIREMENT ALLOWANCE7 PAYMENTS RECEIVED BY THE MEMBER SHALL BE PAID FROM THE RETIREMENT8 RESERVE FUND TO SUCH PERSON AS THE MEMBER NAMES BY WRITTEN9 DESIGNATION DULY EXECUTED AND FILED WITH THE BOARD. IF THERE IS NO

    10 SUCH DESIGNATED PERSON SURVIVING THE RETIREE, SUCH DIFFERENCE, IF11 ANY, SHALL BE PAID TO THE RETIREE'S LEGAL REPRESENTATIVE. NO BENEFITS12 SHALL BE PAID UNDER THIS SUBSECTION ON ACCOUNT OF THE DEATH OF A13 RETIREE IF THE MEMBER HAD ELECTED OPTION 1, 2 OR 3 AS PROVIDED IN14 SECTION. 292.31.15. 292.24. DEFERRED RETIREMENT ALLOWANCE.16 (A) IF ANY MEMBER WHO HAS EIGHT OR MORE YEARS OF CREDITED17 SERVICE SEPARATES FROM THE EMPLOY OF THE CITY OR THE DISTRICT COURT18 PRIOR TO THE MEMBER'S ATTAINMENT OF THE AGE OF 58 YEARS, EXCEPT19 THROUGH RETIREMENT, OR DEATH, SUCH MEMBER SHALL BE ENTITLED TO A20 RETIREMENT ALLOWANCE AS PROVIDED IN SECTION 292.21, AS THE SECTION21 WAS IN FORCE AT THE TIME OF THE MEMBER'S SEPARATION FROM22 EMPLOYMENT WITH THE CITY OR THE DISTRICT COURT, PROVIDED THAT THE

    Approved as to form:

    Brigham Smith, City AttorneyDated:36

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    DRAFT NO. 112/20/10

    1 MEMBER DOES NOT WITHDRAW HIS OR HER ACCUMULATED CONTRIBUTIONS2 FROM THE EMPLOYEES' SAVINGS FUND. THE MEMBER'S RETIREMENT3 ALLOWANCE SHALL BEGIN THE FIRST DAY OF THE CALENDAR MONTH NEXT4 FOLLOWING THE MONTH IN WHICH HIS OR HER APPLICATION FOR THE SAME IS5 FILED WITH THE BOARD OF TRUSTEES ON OR AFTER THE MEMBER'S6 ATTAINMENT OF THE AGE OF 58 YEARS. DURING THE PERIOD OF THE MEMBER'S7 ABSENCE FROM EMPLOYMENT WITH THE CITY OR THE DISTRICT COURT,8 REGULAR INTEREST SHALL BE CREDITED TO THE MEMBER'S ACCUMULATED9 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 CREDITED12 SERVICE SEPARATES FROM THE EMPLOY OF THE CITY OR THE DISTRICT COURT13 PRIOR TO THE ATTAINMENT OF THE AGE OF 58 YEARS, EXCEPT THROUGH14 RETIREMENT OR DEATH, AND IT THE MEMBER THEREAFTER DIES PRIOR TO15 ATTAINMENT OF THE AGE OF 58 YEARS, THE DESIGNATED SURVIVING SPOUSE16 SHALL BE ENTITLED TO A RETIREMENT ALLOWANCE AS PROVIDED IN SECTION17 292.27, OPTION A, AS SUCH SECTION WAS IN FORCE AT THE TIME OF THE18 MEMBER'S SEPARATION FROM EMPLOYMENT WITH THE CITY OR THE DISTRICT19 COURT, PROVIDED THAT THE MEMBER DOES NOT WITHDRAW ANY

    20 ACCUMULATED CONTRIBUTIONS FROM THE EMPLOYEES' SAVINGS FUND. THE21 DESIGNATED SURVIVING SPOUSE'S RETIREMENT ALLOWANCE SHALL BEGIN THE22 FIRST DAY OF THE CALENDAR MONTH NEXT FOLLOWING THE MONTH IN WHICH

    Approved as to form:

    i Brigham Smith, City AttorneyDated:7

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    DRAFT NO. 112/20/10

    1 THE DESIGNATED SURVIVING SPOUSE FILES AN APPLICATION FOR THE SAME2 WITH THE BOARD ON OR AFTER THE DATE THE DECEASED FORMER MEMBER3 WOULD HAVE ATTAINED THE AGE OF 58 YEARS. DURING SUCH DEFERRAL4 PERIOD, REGULAR INTEREST SHALL BE CREDITED TO THE DECEASED FORMER5 MEMBER'S ACCUMULATED CONTRIBUTIONS STANDING TO HIS OR HER CREDIT6 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 TOTERMINATE 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 EARLIER12 OF:13 (1) THE AGE OF 58 YEARS; OR14 (2) THE AGE, IN YEARS AND FULL MONTHS, WHICH, WHEN ADDED TO15 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 HEAD19 (IF A CITY EMPLOYEE), OR THE CHIEF DISTRICT JUDGE (IF A DISTRICT COURT20 EMPLOYEE) ON THE MEMBER'S BEHALF, A MEMBER HAS TEN OR MORE YEARS21 OF CREDITED SERVICE AND BECOMES TOTALLY AND PERMANENTLY22 INCAPACITATED FOR DUTY IN THE EMPLOY OF THE CITY OR THE DISTRICT

    Approved as to form:

    Brigham Smith, City AttorneyDated:8

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    DRAFT NO. 112/20/10

    1 COURT BY REASON OF A PERSONAL INJURY OR DISEASE, MAY BE RETIRED BY2 THE BOARD OF TRUSTEES, PROVIDED THAT:3 (1) AFTER A MEDICAL EXAMINATION OF THE MEMBER MADE BY OR UNDER THE4 DIRECTION OF THE MEDICAL DIRECTOR, THE MEDICAL DIRECTOR CERTIFIES TO5 THE BOARD THAT THE MEMBER IS MENTALLY OR PHYSICALLY TOTALLY6 INCAPACITATED FOR DUTY AS AN EMPLOYEE AND THAT SUCH INCAPACITY7 WILL PROBABLY BE PERMANENT; AND8 (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 PERMANENTLY12 INCAPACITATED FOR DUTY IN THE EMPLOY OF THE CITY OR THE DISTRICT13 COURT AS THE NATURAL AND PROXIMATE RESULT OF A PERSONAL INJURY OR14 DISEASE ARISING OUT OF AND IN THE COURSE OF THE ACTUAL PERFORMANCE15 OF DUTY IN THE EMPLOY OF THE CITY OR THE DISTRICT COURT; AND16 (2) THE MEMBER IS IN RECEIPT OF WORKERS' COMPENSATION ON ACCOUNT OF17 HIS OR HER TOTAL AND PERMANENT INCAPACITY OCCURRING AS THE RESULT18 OF EMPLOYMENT WITH THE CITY OR THE DISTRICT COURT.19 (C) FOR BENEFIT ACCRUAL PURPOSES, A MEMBER WHO DIES OR BECOMES20 DISABLED WHILE PERFORMING QUALIFIED MILITARY SERVICE AS DEFINED IN21 IRC SECTION 414(U) SHALL BE CONSIDERED TO HAVE RETURNED AS AN22 EMPLOYEE ON THE DAY PRECEDING THE MEMBER'S DEATH OR DISABILITY, AND

    Approved as to foam:

    Brigham Smith, City'AttorneyDated:9

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    DRAFT NO. 112/20/10

    1 TO HAVE TERMINATED AS AN EMPLOYEE ON THE DATE OF THE MEMBER'S2 DEATH OR DISABILITY BECAUSE OF A NON-DUTY DEATH OR NON-DUTY3 DISABILITY. THE AMOUNT OF EMPLOYEE CONTRIBUTIONS WHICH MUST BE4 MADE ACCORDING TO SECTION 292.20 OF THIS CHAPTER FOR AN EMPLOYEE5 TREATED AS REEMPLOYED BECAUSE OF THE MEMBER'S DEATH OR DISABILITY

    RESULTING FROM PERFORMANCE OF QUALIFIED MILITARY SERVICE SHALL BE7 DETERMINED ON THE BASIS OF THE MEMBER'S AVERAGE ACTUAL EMPLOYEE8 CONTRIB