Copyrighted by the City of Springdale & Municipal Code Corporation, 1998.

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Sec. 2-51. Retirement benefits allowed under state law.

(a) On the death of any mayor of the city retired under the provisions of Ark. Code Ann. §24-12-123(a), or any other acts of the General Assembly, or if any mayor dies in office after becoming eligible to retire under Ark. Code Ann. §24-12-123(a), or any other acts of the General Assembly, the spouse of the mayor married to the mayor for ten years or longer shall receive one-half of the retirement benefit the retired mayor was receiving or one-half of the retired benefit the mayor who died in office was entitled to receive; however, upon remarriage of the spouse, the benefits shall cease as are provided for under Arkansas law.

State law reference(s)--Ark. Code Ann. § 24-12-123(b).

(b) When a person shall serve as city attorney of the city of for a period of not less than ten years, upon reaching age 60, or when a person shall serve as city attorney for a period of not less than 20 years, without regard to age, then he/she shall be entitled to retire at an annual retirement benefit during the remainder of his/her nature life, payable at the rate of one-half of the salary payable to the city attorney at the time of his/her retirement.

State law reference(s)--Ark Code Ann. § 24-12-120.

(c) Any deputy city clerk in the city who shall serve 20 years as deputy city clerk, and who shall have attained the age of 65 years, and who shall retire from office or be succeeded by another deputy city clerk, shall receive for the remainder of his/her life, as retirement pay, one-half of the monthly salary received by him/her during the last preceding year of his/her service.

State law reference(s)--Ark. Code Ann. § 24-12-122.

(d) On the position of city district court judge, there are three different statutes that may be applicable, depending on the circumstances (Ark. Code Ann. § 24-8-307, Ark. Code Ann. § 24-8-308 and Ark. Code Ann. § 24-8-406). It is the policy of the city to allow the district court judge to retire with the benefits allowable under any one of these statutes, provided the district court judge meets all qualifications under the statute. However, the district court judge may only draw the benefits allowable under one of the above statutes.

(e) This section is for the purpose of providing retirement benefits under the Arkansas Code Annotated as set out previously herein. Pursuant to state law, no city employee shall be allowed to draw from more than one pension plan for the same time of service in the same position within the city. Upon retirement, if a city official covered by this section desires retirement benefits under a different plan of the city for the same service, then such official shall notify the city clerk in writing of his/her intention not to take benefits provided in this ordinance before taking retirement.

(f) The retirement benefits for mayor, court clerk and city clerk are not covered by this section because they are mandatory under state law and are not optional. However, if a person holds one of these offices and is a member of a different pension plan of the city and becomes eligible to draw under state law, such employee shall notify the city clerk of which retirement plan they are going to receive benefits under, and this notice shall be made in writing before retirement becomes effective.

(Ord. No. 3415, §§ 1--3, 11-25-03)

Editor's note--Ord. No. 3415, §§ 1--3, adopted November 25, 2003, did not specify manner of inclusion; hence, inclusion as § 2-51 is at the discretion of the editor.

Cross reference(s)--Personnel, ch. 86.

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