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CITY OF NORTH OLMSTED RESOLUTION N0. ~T By TrTr . (~ ~ j~ (~GC.~~ RESOLUTION DIRECTING SOLICITOR TO PREPARE A PROPOSAL ON BEHALF OF THE CITY OF NORZIi OLT9STED TO PUBLIC EMPLOYEES RETIREM~TT SYSTEM OF OHIO FOR ADJUSTNIII~1'T Or' THE ACCOUNT OF THE CITY AND CONTRIBUTORS TO P.E.R.S., MEMBERS OF THE FIREMEN' S IIEtiIEF AND PEI`TSION FUND OR OF THE FIRE DEPART- rZEATT OF THE CITY OF NORTH OLMSTED, AND DECLARING AN EMERG~VCY. ~' ~ S, Council has received a written reauest from the Firemen's Relief and Pension Fund of the City of North Olmsted asking Council to join with it in proposing to Public Employees Retirement System of Ohio the adjustment of the account of the City and members of the Fire Department, contributors to said system, and the acceptance by the fund of all liability in the William Biddulph claim paid by P.E.R.S., which claim should have been assumed by the Firemen's Relief and Pension Fund if established in 1947, as required by law, and WHET~.EAS, it has been determined that the Firemen's Relief and Pension Fund was not created in 1947, but established in the year 1952 following the death of Chief William Biddulph, occurring in August, 1951, and at the time of his death Chief William Biddulph not being a member of the Relief and Pension F1znd but a contributor to P.E.R.S. during the years of his service as Chief of the Fire Department and in other capacities as an employee of the City, the P.E.R.S. honored the claim made by the dependents of Chief William Biddulph and continued making payments thereon until December 24, 1956, at which time payments were discontinued to the widow and minor child of Chief Biddulph, and WHEREAS, firemen, Milan Turocy and Theodore DeWerth, now members of the Relief and Pension Fund, have made repeated demands upon P.E.R.S. for a refund of their contri- butions made to P.E.R.S. prior to their membership in the Relief and Pension Fund, which refunds have been refused, and WH:~TTiEAS, it has been suggested by P.E.R.S. that it would recognize a proposal, if submitted by proper authorities of the City and Firemen's Relief and Pension Fund Board of the City of North Olmsted, to pay to the Relief and Pension Fund of the City all contri- butions made by the City to P.E.R.S. and by employees of the Fire Department, now members of the Relief and Pension Fund, if the Relief and Pension Fund would assume the William Biddulph claim, which assumption would, therefore, permit P.E.R.S. to make complete refund of all monies collected as hereinabove indicated, less payments made by it to the dependents of William Biddulph from the date of his death on August 14, 1951 to December 24, 1956, at which time P.E.R.S. ceased making _~ayments to the Biddulph family, NOW, THEREFORE, BE IT R~-;SOLVED by the Council of the City of North Olmsted, State of Ohio: Section 1: That the Solicitor be and he is hereby authorized and directed to prepare a proposal to be submitted to P.E.R.S. requesting a refund of all contributions made by the City and by employees of the Fire Department not yet refunded, who were con- tributors to P.E.R.S. as firemen or any other capacity prior to said firemen becoming members and contributors to the Firemen's Relief and Pension Fund of said city, and to incorporate in said proposal the assumption of the William Biddulph claim by Firemen's Relief and Pension Fund, crediting to the reflznd due Firemen's Relief and Pension Fund, as above stated, all payments made by P.E.R.S. to the dependents of William Biddulph. Section 2: Wherefore, this Resolution is declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the City, and such emergency exists by virtue of the necessity of negotiating with P.E.R.S. in disposing of the differences existing between the City of North Olmsted and P.E.R.S. relating to members of the Fire Department as urgently as possible, and to insure that all mes~bers of the Fire Department are hereafter properly accredited members of the :r'zre- men's Relief and Pension Fund of the City of North Olmsted.