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R-13-47 RESOLUTION NO. R-13-47 Declaration Regarding Certain Public Safety Employees WHEREAS, Va. Code § 51.1-155(A)(3) allows political subdivisions to elect for certain enumerated public safety employees to be treated as "Plan 1" members of the Virginia Retirement System for purposes of its defined benefit plan; and WHEREAS, this election is made by a legally adopted, irrevocable resolution wherein the political subdivision declares to the Virginia Retirement System that any person who is employed as a firefighter, emergency medical technician, or law-enforcement officer as those terms are defined in Va. Code § 15.2-1512.2 shall be treated the same as a "Plan 1" member who has at least 60 months of creditable service as of January 1, 2013; and WHEREAS, it is the intent of the City of Fairfax to make this election for its affected public safety employees; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Fairfax declares to the Virginia Retirement System that, for purposes of subdivision A 3 of Va. Code § 51.1-155 and subdivision B 1, subdivision B 3, and subsection D of Va. Code § 51.1-153, any person who is employed by the City of Fairfax as a firefighter, emergency medical technician, or law- enforcement officer as those terms are defined in Va. Code § 15.2-1512.2 (i) shall not be considered a person who becomes a member of the Virginia Retirement System on or after July 1, 2010 and (ii) shall be considered to have at least 60 months of creditable service as of January 1, 2013; and it is further RESOLVED that, pursuant to subdivision A 3 of Va. Code § 51.1-155, the City of Fairfax acknowledges that this resolution is irrevocable. ADOPTED this 12th day of November, 2013. Mayor ATTEST: City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye