ORD NO 23-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 22009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO PROVIDE ACCESS TO HEALTH
BENEFITS FOR RETIRED MUNICIPAL EMPLOYEES;
DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES.
WHEREAS, The Arkansas State Legislature recently passed and enacted Act 1279 of 2009,
permitting retired municipal employees or officials to participate in city health care
under specific situations; and
WHEREAS, the City of Van Buren wishes to authorize its employees and officials, upon
retirement, at any age, to participate in health benefits for themselves and families if
they are qualified, pursuant to this act, which will be of no cost or detriment to the
City; and
WHEREAS, Pursuant to Act 1279 the Van Buren City Council hereby declares that a retired
employee or official, at any age, may participate in the City's health care plan if he
or she:
(I) Is eligible to receive retirement benefits from the Arkansas Local Police and
Fire Retirement System, Arkansas Public Employees Retirement System, or
a local pension fund;
(2) Pays both the employer and the employee contribution to the health care plan;
(3) Is not covered at any time during retirement by another health care plan; and
(4) Notifies the City of Van Buren within thirty (30) days after the official date
of retirement of his or her intent to participate in the City's health care plan;
and
WHEREAS, the City of Van Buren has found that the purposes herein require immediate
attention for the protection of the health welfare and safety of the citizens of the
City of Van Buren and as herein set out, an emergency exists and is hereby declared
to exist, and this ordinance shall be and become effective January 1. 2010.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION I: The city hereby clarifies that at any age_ qualified retired city employees and officials,
and their families, are eligible for retiree coverage under the city's municipal health
plan if they are otherwise qualified under Act 1279 (A.C.A. 24 -12 -132).
SECTION 2: Effective Dale. Passage of this ordinance is necessary to assure the orderly and
productive administration of the City's policies concerning all its employees. It is
essential that City employees receive prompt notification concerning the benefits
available to them upon retirement, and such notice should be made at the earliest
possible moment. Accordingly, this ordinance shall become effective January I,
2010. This will remain in effect unless or until repealed or the city's health plan no
longer permits the city to take advantage of this provision.
SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
SECTION 4: All ordinances, resolutions or other acts of the City in conflict with the terms hereof
are repealed to the extent of any such conflict.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and 0 against, the foregoing Ordinance at its Regular
Meeting held on the 19' day of October 2009.
Robert D.
ATTESTED: APPROVED AS TO FORM:
Barbie Curtis, City Clerk/Treasurer N. Donald Jenki .1r., Crt ttorney