SUBSTITUTE ORDINANCE NO. BL2008-206

An ordinance amending Section 3.08.010 of the Metropolitan Code to include certain officers employed by the Davidson County Sheriff’s Office in the pension plan for members with fire and police credited service.

WHEREAS, the Metropolitan Council has adopted a system of employee benefits known as the Metropolitan Employee Benefit System, which includes retirement benefits for officers and employees of the Metropolitan Government; and,

WHEREAS, the Metropolitan Council previously elected to provide additional retirement benefits for certain employees of the Police Department, Fire Department and Sheriff’s Office who perform public safety duties, in order to reflect the physical and mental demands of such positions; and,

WHEREAS, additional employees of the Davidson County Sheriff’s Office who perform public safety duties should also be afforded these retirement benefits, to reflect the physical and mental demands of their positions; and,

WHEREAS, an actuarial determination of the cost of providing these additional benefits to certain employees of the Davidson County Sheriff’s Office who perform public safety duties has been conducted; and,

WHEREAS, the Study and Formulating Committee recommended in its Final Report of April 5, 2006, that civil warrant officers and jail staff who have direct contact with inmates at the Sheriff’s Office should receive these additional benefits; and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that these employees of the Davidson County Sheriff’s Office be afforded additional retirement benefits.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 3.08.010 of the Metropolitan Code is hereby amended to add the following new definition:

“Sheriff’s officer” means an eligible Davidson County Sheriff’s Office employee who is required to spend a majority of the workday engaged in direct inmate contact in a secured environment or an armed agent who is responsible for serving warrants, orders of protection, body attachments, or performing evictions. This definition of “sheriff’s officer” shall apply to a member who is a metropolitan employee on or after May 1, 2008.

Section 2. That Section 3.08.010 of the Metropolitan Code is hereby amended by deleting the definition of “current police and fire service” in its entirety and adding the following new definition:

“Current police and fire service” means all continuous, uninterrupted service after April 1, 1963, of an eligible employee during which time he is a fireman, policeman, or sheriff’s officer and is a member; provided, however, that such service shall not include any service after a member's compulsory retirement age.

With regard to a member who was not a metropolitan employee on or after May 1, 2008, “current police and fire service” means all continuous, uninterrupted service after April 1, 1963, of an eligible employee during which time he is a fireman, policeman, or correctional officer and is a member; provided, however, such service shall not include any service after a member's compulsory retirement age.

Section 3. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Michael Craddock, Erik Cole, Vivian Wilhoite

LEGISLATIVE HISTORY

Introduced: April 15, 2008
Passed First Reading: April 15, 2008
Referred to: Budget & Finance Committee
Public Safety Committee
Personnel Committee
Substitute Introduced: May 20, 2008
Deferred: May 20, 2008
Passed Second Reading: June 3, 2008
Passed Third Reading: June 17, 2008
Approved: June 23, 2008
By: