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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1983-049Introduced by: TEMP. #1023 Rev. 10/18/8 Rev_ 11/1.4/83 1 2 3, 4, 5j 61 7' 10 11 12 13 14 15 16 17 18 19 21' 22 23 24 25 26 27 28 29 32 33 -44 35 36 CITY OF TAMARAC, FLORIDA ORDINANCE NO. O- :j�3 -X'f AN ORDINANCE OF THE CITY OF TAMARAC AMENDING THE RETIREMENT PLAN FOR THE EMPLOYEES OF THE CITY OF TAMARAC, FLORIDA, AS ORIGINALLY ADOPTED IN ORDI- NANCE 77-13, AND AS SUBSEQUENTLY AMENDED, BY CHANGING THE "PLAN YEAR" AS PROVIDED IN SECTION II (k); BY CHANGING THE NORMAL RETIREMENT DATE FOR POLICE OFFICERS AND FIREFIGHTERS AS ESTABLISHED IN SECTION IV; BY CHANGING THE AMOUNT OF MEMBER CON- TRIBUTIONS AS PROVIDED FOR IN SECTION V; BY CHANGING THE NORMAL RETIREMENT BENEFIT FOR POLICE OFFICERS AND FIREFIGHTERS AS PROVIDED FOR IN SECTION VI; BY CHANGING THE PROVISION IN THE DISABILITY BENEFIT PROVIDED IN SECTION XI TO PROVIDE FOR THE OFFERING OF ALTERNATE DUTY AVAILABLE WITHIN THE CITY AND PROVIDING FOR THE ELIMINATION OF THE MEDICAL BOARD; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Paragraph (k) of SECTION II of Ordinance 77-13 as subsequently amended is hereby further amended as follows: (k) "Plan year" shall mean the twelve-month period beginning on each 3tiRe--1 October 1. SECTION 2: The first paragraph of SECTION IV shall be amended to read as follows: 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 sixty-fifth birthday 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 dad*-ef-fhe-month-eefneiel-ifts-with-er-next 4:r-9imti-etk b4:rthaap for Police Officers the first day of the month coinciding with or following their fifty --seventh birthday, and for Firefighters the first day of the month coinciding or next following their fifty- fifth birthda -1- TEMP. #1023 Is 21 3 4 5 6 7 11 12 13 14 15 16 7 19 20 21 22 ?I 25 26 27 2$ 31 32 33 34 35 Or r'MT^NT '] _ to read as follows: The first paragraph of SECTION V is hereby amended Members of the Retirement System shall make regular contributions at a rate of one (1%) percent of earnings, except that Firefighters shall make contributions at the rate of five (5%) percent of earnings and Police Officers shall make contributions at the rate of five (5%) percent of earnings. SECTION 4: The second paragraph of SECTION VI is hereby amended to read as follows: The monthly retirement benefit shall be equal to one and one-fourth (1 1/4%) percent of Average Monthly Earnings for general employees, one and three-quarter ( 1 3/4%) percent of avera e monthly__earnings for Police Officers and two and one-half (2 1/2%) percent of average mont11 earnings for Firefighters as average monthly earnings defined herein times years and fully completed months of Continuous Service, commencing on his Normal, Deferred or Early Retirement Date and continued thereafter during his lifetime unless prior to retirement the Member had selected an optional form of benefit payment. 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 5: The first paragraph of SECTION XI is hereby amended to read as follows: Any member, regardless of period of service, who receives a medically, substantiated service connected injury, disease or disability as determined by the Med-ieal-Bearer Administrative Board, which injury, disease or disability permanently incapacitates him, physically or mentally from his regular and continuous duty or any other duty availablewithin any of the City's departments shall receive in equal monthly installments an amount equal to 20% of earnings in effect at the date of injury.. _ The benefit shall commence on the date that the disability begins and shall be payable until death, recovery, or such Member's regular MOM TEMP. #1023 1 2 3, 4 20 21 22 M 24 25 26 37 281 291 331 34 35 36 retirement date, whichever occurs first. Commencing with the normal retirement date, the benefit payable shall be the regular normal re- tirement 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 dis- ability. In the event of recovery prior to the otherwise normal re- tirement date, credit for service during the period of disability shall be granted for the purpose of subsequent retirement benefits. SECTION 6: The third paragraph of SECTION XI is hereby amended as follows: Upon the application of a Member or of the head of his department, any Member who is not eligible for a regular normal re- tirement benefit and who becomes totally and permanently incapacitated 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-Medieal-Beard that after the medical examination of such Member, the Administrative Board finds that such member is totally incapacitated for further performance of duty, that such in- capacity is likely to be permanent and that such Member should be retired on a service incurred disability benefit. SECTION 7: The fourth paragraph of SECTION XI is hereby amended as follows: A4ed#eal-Bead: The Administrative Board skull-eleeigae-a-A4edieal-Bead te-�e-een�peeed-a€-kgee-�3} may from time to time provide for the appointment of physicians who shall arrange for and pass upon all medical examinations required under the provisions of this article, shall investigate all essential statements or certificates made by or on behalf of a Member in connection with an application for dis- ability or retirement and shall report in writing to the Administra- tive Board its conclusions and recommendations upon all matters -3- TEMP. #1023 1 2 3 4 5i 6 7 9 10 11 12 13 15 16 71 18 19 20 21 01�O' 24 25 26 27 28 31 32 33 34 35 (referred to it. The payment for such services shall be determined by the Administrative Board. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: 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 10: This Ordinance shall become effective immediate- ly upon its final passage and the increased contributions by Fire- fighters and Police Officers shall be made at the first full pay period after October 1, 1983. PASSED FIRST READING this day of ,1983 PASSED SECOND READING thisfy-X"'day of 1983. V4�Q MAYOR ATTEST: _ �!r ' 01 IMM"3m011.4 M I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE. TY ATTORNEY 0 RECORD OF COUNCIL VOTE MAYOR FALCK DIST. 1: C/M KRAVITZ: DIST. 2: V/M MASSARO:do DIST. 3: C/M STELZER: ,�F� 10 DIST. 4: C/M KRANTZ: 40-24� a - 4 - Y