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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0341 2 3 4 5 6 8 9 10 U 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 29 30 11 132 33 34 Introduced by Tempe# CITY OF TAMARAC, FLORIDA ORDINANCE NO 0-86_ f AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 19, PERSONNEL, OF THE CITY'S CODE OF ORDINANCES AT SECTION 19-1.2, BY THE REPEAL OF SUBSECTION (f)(1)a, AND (f)(3) AND BY THE ADOPTION OF NEW SUBSECTIONS (f)(l)a, AND (f)(3); PROVIDING FOR MEMBER CONTRIBUTIONS TO THE CITY OF TAMARAC RETIREMENT PLAN; PRO- VIDING THAT THE CITY OF TAMARAC WILL PAY MEMBER CONTRIBUTIONS INTO THE CITY OF TAMARAC RETIREMENT PLAN ON BEHALF OF ALL MEMBERS, AND WILL REDUCE BASE PAY TO MEMBERS, IN AN AMOUNT PROPORTIONATE TO SUCH CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Chapter 19, Personnel, of the City's Code of Ordinances, at Section 19-1.2, Retirement Plan for City Employees, shall be amended by the repeal of Subsection (f)(l)a, and by the adoption of a new Section 19-1.2, Subsection (f)(1)a., which shall provide in full as follows: A. Amount. All current and future participants in the Retirement Plan shall make regular contributions at a rate of five percent (5%)of earnings, and Fire Fighters and Police Officers shall make contributions at a rate of five percent (5%) of earnings. Member contributions shall be deposited in the fund on at least a monthly basis. In the event that City agrees to assume and pay member contributions in lieu of direct contri butions by the members, such contributions shall accordingly be paid into the plan on behalf of the members. No member subject to such agreement shall have the option of choosing to receive the. contributed amounts directly instead of having them paid by the -1- City directly to the plan. All such contributions 1 by the City shall be deemed and considered as part 2 of the Members Accumulated Contributions and 3 subject to all provisions of this plan pertaining to Accumulated Contributions of Members. The 5 . intent of this language is to comply with Section 414(h)(2) of the Internal Revenue Code. It. The City Manager shall cause the City's Retirement d Plan to be amended consistent with the terms of 9 this section, shall notify each participant in the 10 Retirement Plan of said Amendment and shall file 11 the required documentation with the State Depart- 12 ment of Administration, Division of Retirement in 13 Tallahassee consistent with the laws, rules, and 14 regulations as promulgated by said department. 25 BECTIO11_2: 'Chapter 19, Personnel, of the City's Code of 16 Ordinances, at Section 19-1.2, Retirement Plan for City 17 Employees, shall be amended by the repeal of Subsection 18 (f)(3), and by the adoption of a new Section 19-1.2, Subsection (f)(3) which shall provide in full as follows: 3. City Contributions. 27. a. So long as this system is in effect, the City 22 shall make an annual contribution to the Trust Fund 23 to fund the total cost of the system as defined by 24 the actuarial study performed on the system. 25 b. That, effective June 1, 1986, the City agrees 26 to pay the five percent (5%) employee contribution 27 for Police Officers and Fire Fighters into the City 26 of Tamarac Retirement Plan for all such partici 29 pants of the Plan. The economic value of the City 30 paying the employee retirement contribution is- IL equivalent to an increase in base pay of five percent (5%), or greater, due to the deferral of 33 income taxes. 34 c. That effective June 1, 1986, the City will reduce the amount of base pay which is distributed on a current basis by five percent (5%) to Police -2- J 1 2 3 4 5 6 7 a 9 1.0 U 12 13 14 15 '16 17 18 'j 21 22 23 24 25 26 27 26 29 30 31 Ila 33 34 Officers and Fire Fighters participating in the Plan. Income tax withholding will be reduced to cover the amount of wages actually distributed or made available to such employees. d. That, for purposes of accruing pension benefits and social security benefits, and for paying social security taxes, and for all other purposes except as specified in paragraph c. above, the amount of employee contribution "picked -up" by the City will be added to the amount distributed on a current basis in order to determine total wages. e. That, effective June 1, 1986, the City agrees to pay the five percent (5%) employee contribution into the City of Tamarac Retirement Plan for all Employees of the City, and Police Officers and Fire Fighters, who are participants of such Plan. The economic value of the City paying the employee retirement contribution is equivalent to an increase in base pay of five percent (5%) or greater due to the deferral of Income taxes. f. That, effective June 1, 1986, the City will reduce the amount of base pay which is distri-buted on a current basis by five percent (5%) to all Employees of the City, who are participating in the Retirement Plan. Income tax withholding will be reduced to cover the amount of wages actually distributed or made available to such employees. g. That, for purposes of accruing Pension benefits and Social Security benefits, and for paying Social Security taxes, and for all other purposes except as specified in paragraph f. above, the amount of employee contributions "picked -up' by the City will be added to the amount distributed on a current basis in order to determine total wages. SECTION44 All Ordinances or parts of Ordinance in -3- 1 2 3 4 5 6 "r t3 9 conflict herewith are hereby repealed to the extent of such conflict. SECTION_: 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 whole or any part hereof, other than the part declared to be invalid. SECTION_6: Specific authority is hereby granted to codify this ORDINANCE. SECTION__'%_: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this /T�'d. y of . 1986. PASSED SECOND READING this day of , 1986. AA ATTEST: A-CMAYDRvI CITY CLERV4er<,�. I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. ITY ORNB �, j 129569 ' 286/p -4- RECORD OF COUNCIL VOTE MAYOR: HART DIST. 1: C,/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN y