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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1977-018Proposed by: Temp. # 4 81 Revised 6/27/77 Introduced by: c hh �J, To declare an emergency CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0- 77-/? AN ORDINANCE AMENDING ORDINANCE NO. 77-13 PROVIDING FOR A RETIREMENT PLAN FOR THE EMPLOYEES, CITY OF TAMARAC, FLORIDA; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, by Ordinance No. 77-13, amended the employee's retirement plan; and WHEREAS, a determination has been made that a clarification of the benefit formula is needed after further examination of the plan; and WHEREAS, the City Council concurs with this determination and wishes to amend the retirement plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section VI, paragraph 2, "Normal Retirement Benefit" is hereby amended to read as follows: The monthly retirement benefit shall be equal to one and one-fourth (14%) percent of average monthly earnings times years and fully completed months of CONTINUOUS SERVICE, commencing on his Normal or Early Retirement Date and continued thereafter during his lifetime. There shall be no change in benefit amounts except by Amendment to the Ordinance establishing this Plan and following appropriate actuarial evaluation of the Plan. SECTION 2: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of Competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 3: That the Council declares the enactment of this Ordinance an emergency under Florida Statute 166.041(b) in order to qualify for certain reimbursements from the State of Florida which will effect a savings of City revenues and thereby will benefit the Citizens of Tamarac. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this PASSED SECOND READING this ATTEST: ^aay of 1977. < 7 day of , 1977. CGGC� � lcixd�� CITtgLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. CIT TTORNEY RECORD OF COUNCIL MAYOR W. FALCK v/M H. MASSARO_ C/M M. WEINBERGErR C/M I. M. DISRAELLY C/M M. KLIKA C 1 RETIREMENT PLAN FOR THE EMPLOYEES CITY OF TAMARAC, FLORIDA Leqislative Declaration The City of Tamarac, in recognition of the need to provide a retirement program for the benefit of City employees, has estab- lished a plan to be known as "Retirement Plan for the Employees of the City of Tamarac, Florida." The provisions of the plan as provided herein may be amended from time to time to assure con- formance with the requirements of any State and/or Federal laws and to preserve and maintain the interests of the participants in the plan. SECTION I 'N'2; %,E AND PURPOSE: This Plan shall be known as the "Employees Retirement Plan for the City of Tamarac, Florida." The purpose of this Plan is to provide eligible employees with retirement benefits. SECTION 11 DEFINITIONS: Wherever used herein, the following words and phrases shall have the meanings set forth below unless a different meaning is plainly required by the context. (a) "Employer" shall mean the City of Tamarac, Florida. (b) "Employee" shall mean a full --time permanent Employee whose customary employment is at least forty hours per week and twelve months per year. (c) "General Employee" shall mean any person other than a Police Officer or Firefighter who is employed on a s full time basis on or after June 1, 1975. (d) "Police Officer" shall mean any person employed by the City on a permanent basis on or after June 1, 1975, and who is classified by the City as a certified Police officer. (e) "Firefighter" shall mean any person employed by the City on a permanent basis on or after June 1, 1975, and who is classified by the City as a Firefighter. Volunteer firemen shall not be covered. (f) "Member" shall mean a General full time Employee, Police officer or Firefighter who fulfills the pre- scribed participation requirements. Volunteer Employees shall be excluded from membership. (g) "Service" shall mean continuous uninterrupted employment as a full-time Employee since the last day of hire. Persons employed full --time and whose wages and fringe benefits are subsidized or paid by sources other than the City of Tamarac shall be given credit for service at the time that they are transitioned into Employer paid permanent service employment provided that compen- sation for retirement benefits is funded by such sources. Breaks in service or continuity of employment for reasons other than military service, illness or total and per- manent disability -shall be considered as a termination of employment and the individual considered as a rehired Employee if and when he or she returns to work. (h) "Plan" shall mean the provisions of the "Employees Retirement Plan for the City of Tamarac, Florida" as set forth herein or any subsequent amendment hereto. (a) "Continuous Service" shall mean years and completed months of service, subject to (g) above. (j) "Effective date" shall mean June 1, 1975, the effective date of this Plan. (k) "Plan year" shall mean the twelve --month period beginning on each June 1. (1) "Retirement date" shall mean an Employee's normal retirement date unless an early retirement date has been duly elected in which case the term "retirement date" shall mean the Employee's early retirement date. IWM (In) "Fund" shall mean Trust Fund created as part of the Plan and into which shall be deposited the contributions and earnings for purposes of systematically funding plan benefits. Deposits shall be made in legal Reserve Life Insurance Companies licensed to conduct business IT in the State of Florida and who issue policies and/or ( contracts for the purpose of providing insured retirement benefits or any Bank, Savings and Loan Association or other financial institution duly licensed and approved by an agency of the State of Florida to provide retire- ment benefits for municipal Employees. (n) "Earnings" shall mean the Employee's basic rate of monthly compensation excluding bonuses, overtime pay and other special compensation as in effect at the time of the beginning of each accrual computation period established by the Employer. (o) "Trustee" shall mean the City Manager, the Mayor and gr one fully qualified Employee of the City of Tamarac, Florida,'which Employee shall be designated as set forth herein. The said Trustees shall be charged with the administration of the Fund. The Employee member shall be appointed by a majority of the City Council and shall serve for a period of five (5) years unless the said Employee terminates from the Plan in which event a successor shall be named by the City Council for the unexpired term of the appointment. The said Employee . shall have the right to be re -appointed. In order to conform with the effective date of the Plan, the first term of appointment shall expire June 1, 1980. (p) The masculine pronoun whenever used shall include the feminine. (q) "Average monthly earnings" shall mean one twelfth (1/12) of arithmetic average of annual earnings for the highest five (5) years preceding actual retirement or termination of a covered Employee. -3- (r)' "Administrative Board" shall mean the administrative body which shall supervise and manage the plan as herein provided. SECTION III � 'r13ERSHIP ` Each Employee, in the active employment of the Employer as of June 1., 1975, shall become a Member of the plan as of June 1, 1975. Each other Employee shall become a Member of the plan on the first day of the month next following the attainment of age 21 and the completion of one (1) year of service. Rehired Employees, regardless of the period of previous employment with the City, shall be considered as new Employees. Employees may be required to complete an application form if so requested by the Trustees. SECTION IV RETIREMENT DATES: Normal Retirement Date: The normal retirement date for each Member of the Plan shall be the first day of the month coinciding with or next following the Member's sixtyfifthbirthday except for.Police Officers (as defined in Chapter 185, Florida Statutes) and Firefighters (as defined in Chapter 175, Florida.Statutes) who are Members of this plan. The normal retirement date for member Police Officers and -Firefighters covered by Chapters 185, and 175, Florida Statutes shall be the first day of the month coinciding with or next follow- ing their sixtieth birthday. Early Retirement Date: A Member who has completed ten (10) years of service with the Employer may elect to retire on the first day of any month coin- ciding with or next following the Member's fifty-fifth birthday. The benefits payable to the Member who elects early retirement shall be reduced one fifteenth (1/15) for each of the first five (5) years and one thirtieth (1/30) for each of the next five (5) years by which the starting date of the benefit precedes the normal. Retirement Date for such Member (i.e. General Employee, Police Officer or Firefighter). --4- All Normal and Early Retirement benefits shall be payable for life and cease upon death, unless prior to retirement the Member had selected an Option providing for a Joint Annuitant benefit. CONTRIBUTIONS: ?Member Contributions: Amount: Members of the Retirement System shall make regular contributions at a rate of one (1%) percent of earnings. Interest shall be credited annually to Member Contributions at a rate of not less than three (3%) percent. Guaranteed Refund: All benefits payable under this System are in lieu of a refund of Accumulated Contributions. In any event, however, each Member shall be guaranteed the payment of benefits on his behalf at least equal in total amount to his Accumulated Contributions. No refund of Member contributions may be made as long as the Member remains a Member of the plan. If the Member should terminate membership in the plan prior to payment of retirement benefits, his accu- mulated contributions will be returned to him. No contribution shall be made by a Member after his normal retirement date and/or after his employment with the City is terminated for any reason whatever. State Contributions: Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Police officers and Firefighters of the City shall be deposited in the Trust Fund comprising part of this System. _5- rrrr Citv Contributions: So long as this System is in effect, the City shall make an annual contribution to the Trust Fund in an amount at least equal to 6.8% of covered Member payroll. The total cost for any year shall be defined as the total of Normal Cost plus the additional amount suf- ficient to amortize the Unfunded Accrued Past Service Liability over a forty (40) year period commencing with the fiscal year in which the Effective Date of this System occurs. Other: Private donations, gifts, and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, any may not be used to reduce what would have otherwise been required City contributions. All Contibutions: All contributions (City, Member, State) including funding from other sources shall be held by or in custody of the Employer or any other entity, including insurance carriers or trustees, for purpose of funding pension benefits for members herein, shall be included in this fund, including any interest gathered by these monies and shall be transferred into this fund. The earnings on investments shall remain in the fund and will be included in the annual review and evaluation. (If the total amount in the fund exceeds the amount of the benefit pro- gram, the benefit program may be increased, accordingly.) SECTION VI RETIREMENT BENEFITS: Retirement benefits under the plan shall be payable commencing on the Member's actual retirement date, unless otherwise designated in writing by the Member and approved by the Administration Board. Normal Retirement Benefit: The monthly retirement benefit shall be equal to one and one-fourth (14%) percent of Average Monthly Earnings times years and fully completed months of CONTINUOUS SERVICE commencing on his Normal or Early Retirement Date and continued thereafter during his lifetime. There shall be no change in benefit amounts except by Amendment to the Ordinance establish- S� ing this Plan and following appropriate actuarial evaluation of the 1 Plan. Early Retirement Benefit: The retirement benefit for a member who elects to retire at the Early Retirement Date shall be reduced as hereinbefore provided and the monthly amount equal to his Noral Retirement Benefit multiplied by the appropriate percentage in accordance with the following schedule: SCHEDULE OF EARLY RETIREMENT FACTORS Number of Whole Years Between Early Retirement Date and Normal Retirement Date Percentage 0 100.00 1 93.33 2 86.67 3 80.00 4 73.33 5 66.67 6 63.33 7 60.00 8 56.67 9 53.33 10 50.00 Straight lines interpolation of these percentages will be employed where fractional whole years prior to Normal Retirement Date are involved. SECTION VII RETIREMENT OPTIONS: Joint Annuitant: The member shall be permitted to name a joint annuitant provided the designation is made at least two years prior to the date of regular or early retirement, and further provided that the member furnishes a certified copy of the annuitant's birth certificate or other acceptable evidence of date of birth. In the event the member names a joint annuitant the benefits payable to the member and to the joint annuitant shall be determined on the basis of the attained age of the member at retirement and the attained age of the joint annuitant at the time the member retires. ere SECTION VIII TERMINATION OF EMPLOYMENT: A member who has completed at least five or more years of service with the Employer and who terminates service for any reason than death, disability or retirement will retain a vested right under the plan. The member will be entitled to receive at his otherwise regular Normal Retirement Date, his vested right in the form of a retirement benefit, as follows: (1) The pension benefits accrued to his date of termination, payable for the life of the Member and commencing upon the Member's attainment of his otherwise Normal Retirement Age, provided he does not elect to withdraw his Member contribu- tions, or, in the discretion of the Member, (2) Refund of Accumulated Contributions, in which event no pension benefit shall be payable. Regardless of the provisions of the Vesting provisions, any Member attaining Normal Retirement Age shall be fully vested (100%) to retirement benefits accrued to Normal Retirement Date or actual retirement date, if later. The vested benefit for a 14ember shall be determined per the following schedule: Years of Service 5 6 7 8 9 10 11 12 13 14 15 Percentage of Vested _City Contributions 25% 30% 350 40% 45% 50% 60% 700 80% 90 100% SECTION IX TRANSFER OF VESTED INTEREST: In the event the Member terminates employment and at such time he has a fully vested interest in the plan, he may, in lieu of having such vested interest retained for him in the City of Tamarac's Pension Plan elect to request the transfer of such vested interest to another Pension Program that has been fully approved by the Federal Government and which plan contains pro- vJ.s.io{-is auLhorizi.nq such transfer.-_ "I 11 This request shall be made to the Administrative Board, which will be charged with the responsibility of checking the Plan to which the Member's vested interest is to be transferred to determine whether the Plan is fully qualified. In any event the decision of the Administrative Board regarding right of transfer shall be final. The amount and value of the vested interest shall be deter- mined by the Administrative Board, based upon actuarial deter- mination and such transfer, if any, will forever release the City of Tamarac's Pension Plan and the City of Tamarac itself from any further obligation or responsibility to such individual Member. PRE --RETIREMENT DEATH BENEFITS: If a member dies before his retirement date, the value of the Member's contributions will be distributed in a single lump sum to the designated Beneficiary. SECTION XI DISABILITY BENEFIT: Service Connected: Any Member, regardless of period of service, who receives a medically, substantiated service connected injury, disease or disability as determined by the Medical Board, which injury, disease or disability permanently incapacitates him, physically or mentally from his regular and continuous duty or any other duty available through his department shall receive in equal monthly installments an amount equal to 20% of earnings in effect at the date of disability. The benefit shall commence on the date that the disability begins and shall be payable until death, recovery, or such Member's regular retirement date, whichever occurs first. Commencing with the normal retirement date, the benefit payable shall be the regular normal retirement benefit, computed as though the Member had remained in active service until his normal retirement date; average monthly earnings shall be based upon actual earnings during the period preceding disability. In the event of recovery prior to the otherwise normal retire- ment date, credit for service during the period of disability shall be granted for the purpose of subsequent retirement benefits. Any Member with two years of service in the Plan who receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, disease or disability, permanently incapacitates him physically or mentally from his regular and continuous duty or any other gainful employment receive from the fund in equal monthly installments an amount equal to twenty (20%) percent of his earnings at such time, the amount payable from the fund shall be in addition to other benefits payable. Such benefit shall be payable until normal retirement age at which time such member shall be paid an amount based upon actual earnings during the years preceding the date of disability. The benefit shall commence after ninety (90) calendar days sub- sequent to the date of disability and shall be payable for life only and cease upon the death of such disabled Member. Special Eligibilit for Service Incurred Disability Benefit: Upon the application of a Member or of the head of his department, any Member who is not eligible for a regular normal retirement benefit and who becomes totally and permanently in- capacitated for duty as the result of a condition or impairment of health caused by tuberculosis, hypertension, or heart disease, which condition is not shown to be the result of any accident or condition of employment so as to qualify under the service' connected disability paragraph above, it shall be presumed to have been incurred in line of duty, unless a physical examination upon entering service revealed that such condition existed at that time, may be retired by the Administrative Board, providing the Medical Board, after a medical examination of such Member, shall certify that such Member is totally incapacitated for further performance of duty, that such incapacity is likely to be permanent and that such Member should be retired on a service incurred disability benefit. -10- Sor�cial. Disability Provision: medical Board: The Administrative Board shall designate a Medical Board to be composed of three (3) physicians who shall arrange for and pass upon all medical examinations required under the pro- visions of this article, shall investigate all essential state- ments or certificates made by or on behalf of a Member in connec- tion with an application for disability or retirement and shall report in writing to the Administrative Board its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the Administrative Board. Determination and Review of Disability: The status of each service and nonservice incurred dis- ability shall be determined initially and reviewed periodically pursuant to uniform procedures established by the Board; the Board shall take into full consideration the report of the Medical Board as regards all disability cases. Determination of the existence or non-existence of disability shall be made in all cases by the Board, acting pursuant to uniform and non-- discriminatory rules and the medical, and other relevant evidence presented. In any event the Board decision shall be final and binding on all ersons whomsoever. Disability Exclusions: No Member shall be granted a disability pension upon a showing to the satisfaction of the Board: . That the disability resulted from a self-inflicted wound, injury or ailment; or . That the disability resulted from the use of nar- cotics, drugs or alcoholic beverages; or That the disability resulted from a Member's par- ticipation or involvement in riots, insurrection or unlawful assembly; or That the disability resulted from a Member's par- ticipation or involvement in the commission of a crime or unlawful act. F;(�covery From Disability: The status of each service and nonservice incurred disability shall be determined initially and reviewed periodically as determined by the Board, pursuant to uniform procedures estab- lished by the Board. In the event a Member who has retired on a pension on account of permanent incapacity regains his full health and is shown to be physically able to perform his duties in the case of service connected disability, and/or any other employment in the case of nonservice connected disability, the Board shall require the said Member to resume his position in the respective department and discontinue the pension, provided however, that, if such Member shall have been retired for non - service connected disability, and shall after resuming his position pay into the fund an amount equal, to the aggregate contributions plus interest at a rate to be determined by the Administrative Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, such Member shall receive creditable service for the period of such disability retirement, as well as for the period of continuous service prior to the date of disability. SECTION XII Beneficiary: A Member may designate a Beneficiary on a form prescribed by the Administrative Board (with the right to change such desig- nation) to receive payments, if any, to which the Member may be entitled under this plan. However, such Beneficiary must be named prior to the time when the Member would be entitled to receive benefits. General Provisions: SECTION XIII No sum payable with respect to a Member may be assigned, commuted or encumbered by the payee, and, to the extents permitted by law, no such sum shall in any way be subject to any legal 1 I 1 process or subject the same to the payment of any claim against such payee. Membership in the plan gives no right or claim to a benefit beyond that expressly provided by the plan. All rights and claims are limited as set forth in the plan and are further limited to the extent of the funds available thereunder. Each Member entitled to benefits under the plan shall furnish to the Administrative Board such evidence, data or information as the Board considers necessary or desirable in order to properly administer the plan. If any information has been mis-stated on which a benefit under this plan with respect to a Member was based, such benefit shall not be invalidated but the amount of the benefit shall be adjusted to the proper amount as determined on the basis of the correct information. Overpayments, if any, with interest as determined by the Board shall be charged against any payments accruing with respect to the person. In the event the age mis-statement would be younger, the plan does not provide - for increased benefits due to such age mis-statement. The Board reserves the right to require proof of the age of any person entitled to a benefit under this plan. At the time of retire- ment, each Member who retires shall receive a certification out -- lining the amount of the benefits payable and the conditions of payment. This will be provided by the Administrative Board. If monthly payments would provide less than $60.00 per year the Board may direct that a single sum payment, in an amount actuari- ally equivalent to the value of the annuity be paid to the person. If the Board is unable to authorize any payments to any person, entitled to payments under this plan because the identity or whereabouts of such person is unknown and if, more than six years after or during which such payments are payable, a notice is mailed by certified mail to the last known address of such person as shown on record and within three (3) months of such mailing such person has not made claim for such payments, the Board may direct that such payment and all remaining payments, otherwise due to such person be cancelled. Any forfeiture under this plan shall be used to reduce the Employer contributions and/or Admin- strative costs and not to be used to increase the benefits for 13, - any member of the plan prior to the time when the plan may be terminated or contributions by the Employer discontinued. The provisions of the contract shall govern with respect to all rights and obligations of the Carrier. SECTION XIV AMENDMENT OR TERMINATION OF THE PLAN: The right is reserved by the Board and the City Council of Tamarac to modify or amend this plan from time to time to any extent that it may deem advisable including, but without limiting the generality of the foregoing, any amendment deemed necessary to insure the continued qualification of this plan under the provisions of the Internal. Revenue Code. No amendment shall have the effect of revesting in the Employer the whole or any part of the assets of this plan or of diverting any part of the assets of this plan to purposes other than for the exclusive benefit of the Members and their beneficiaries at any time prior to the satisfaction of all the liabilities under this plan with respect to such persons. In the event of the termination of this plan, or in the event the suspension or discontinuance of Employer contributions leads to the termination of this plan, no Employer contributions shall be made for the period following the date of such termination and no employees shall thereafter become Members in this plan. Upon termination of this plan each member will be entitled to receive his proportionate share of the amount that has been credited to him and based on all other provisions of the plan, including the right of vesting. In the event the plan is terminated, the value of the benefit may be withdrawn in a single sum amount upon the election of the Member, or if not withdrawn in a single sum amount it may be applied under and in accordance with the provisions of the contract to provide a monthly payment to each member if he is entitled thereto under Section VI of this plan. However, in the event the plan is terminated there shall be no joint annuitant named to receive the benefits of the Member as previously provided in the plan. -14- SECTION XV ADMINISTRATIVE BOARD: The general administration and responsibility for the proper operation of the retirement plan and for making effective the provisions of this article are hereby vested in an Administrative Board consisting of seven (7) persons as follows: • One (1) Member representing the general employees duly elected by the Membership. • One (1) Police Officer duly elected by the Police Members. • One (1) Firefighter duly elected by the Fire Members. • One (1) Mayor. . One (1) City Manager or his Designee. • One (1) Director of Finance. • One (1) Chairman of the Charter Board. The terms of office of each appointed Board member shall be three (3) years except that the initial terms of these appointed Board Members shall be for the period to expire April 1, 1978 to conform with the City elections. The initial terms shall conur.ence immediately after the plan is accepted. Terms of office of the City Manager and Director of Finance shall become effective on adoption of the plan and shall continue just so long as the individuals hold their designated positions. The terms of office of the elected Board Members shall be for three (3) years but the initial election shall be established so that the Member representing the general employees shall be set -to expire June -I., 1978 and one (1). Member of the Police and Fire shall be elected for the term to expire June 1, 1979 and the other shall be for the -term expiring June 1, 1980. If an elected seat on the Board is vacated for any reason an. election to fill the vacated position shall be conducted as soon as practical after the vacancy occurs. The replacement Member shall serve for the unexpired term of the person replaced. Members of the Board shall serve without compensation but they may be reimbursed from the expense fund :for any necessary expenses which they may actually expend through services on the Board. Each Board Member shall, within ten (10) days after his appointment or election take an oath of office before the City Clerk of the City so that so far as it develops upon him he will diligently and honestly administer the affairs of the said Board and that he will, not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the retirement system or the provisions -of the plan that has been established. Such oath shall be sub- scribed to by the Members making it and certified by the City Clerk and filed in her office. The Board shall organize itself, electing a Chairman, a Vise --Chairman and a Secretary. Each Member shall be entitled to one (1) vote on the Board. A majority vote of those present, where a quorum is in attendance, shall be necessary for a decision at any meeting of the Board. The Chairman shall have the right to one (1) vote only. A quorum shall consist of four (4) Members. Any Member who neglects the duties of his office as determined by the Board may be removed by a two-thirds vote of the Board. The duties and re- sponsibilities of.the Board shall include, but not necessarily be limited to the following_ • To construe the provisions of the system and determine all questions arising thereunder. • To determine all questions relating to eligibility and participation. . To determine and certify the amount of all retirement allowances or other benefits hereunder and to provide each Member with a certificate stating his approved benefits as of the date of his retirement. Have actuarial evaluations of the system performed as deemed necessary and annually, unless there is a specific reason for not requesting an annual evaluation in which event the Trustees shall be so notified in writing as to the reason the evaluation is not needed. Establish uniform rules and procedures to be followed for Administrative purposes, benefit applications and all matters required to properly administer the plan. To distribute at regular intervals to member, information concerning tho - plan. _ .1.6 -