ENACTED 12/01/1998

ORDINANCE NO. O98-1426

An ordinance amending Section 3.08.010 of the Metropolitan Code of Laws by amending the definition of "earnings."

WHEREAS, the Metropolitan Council of The Metropolitan Government of Nashville and Davidson County is considering an ordinance by which entities other than the Metropolitan Government would be able to contract for the services of Metropolitan Government employees by reimbursing the Metropolitan Government for the compensation paid to the employees as well as other costs of such services; and,

WHEREAS, said services of Metropolitan Government employees would be voluntary, not required; and,

WHEREAS, while the opportunity to perform said services would be made available to appropriately qualified and interested employees on a fair basis, there may be limited opportunities for all appropriately qualified and interested employees to perform such voluntary services; and,

WHEREAS, if the calculation of earnings for the purpose of determining an employee’s pension benefits were to include compensation for voluntary services for entities other than the Metropolitan Government, some but not all employees would be able to increase their pension benefits by virtue of the earning additional compensation on a voluntary basis; and,

NOW, THEREFORE, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the definition of "earnings" in Section 3.08.010 of the Metropolitan Code of laws shall be amended by the insertion of the sentence, "However, earnings shall not include cash compensation paid to a metropolitan employee for services provided on or after December 1, 1998, to an entity or person other than the metropolitan government or an agency thereof pursuant to a contract between the metropolitan government and the person or entity by which the person or entity reimburses the metropolitan government for the metropolitan employee’s compensation," so that the definition provides as follows:

"Earnings" means, from and after January 1, 1987, the total cash compensation paid by the metropolitan government or by a predecessor government to a metropolitan employee for his personal services excluding all sums in excess of amounts he would have received in his regular position if he is on a leave of absence from his regular position. However, earnings shall not include cash compensation paid to a metropolitan employee for services provided on or after December 1, 1998, to an entity or person other than the metropolitan government or an agency thereof pursuant to a contract between the metropolitan government and the person or entity by which the person or entity reimburses the metropolitan government for the metropolitan employee’s compensation. Prior to January 1, 1987, only base pay shall be used to calculate earnings except that longevity pay shall also be included for purposes of calculating pensions granted from and after January 1, 1986.

Section 2: This ordinance shall become effective from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Charles Fentress & George Armistead

LEGISLATIVE HISTORY
Introduced:	November 5, 1998
Passed First Reading:	November 5, 1998
Referred to:	Budget & Finance Committee Personnel Committee
Passed Second Reading:	November 17, 1998
Passed Third Reading:	December 1, 1998
Approved:	December 3, 1998
By: