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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-039Introduced by Temp #1275 REV. 6/11/86 REV. 6/24/86 27 28 29 30 11 IQ 33 34 CITY OF TAMARAC, FLORIDA ORDINANCE NO 0-86-39 , AN EMERGENCY ORDINANCE OF THE CITY OF TAMARAC AMENDING ORDINANCE NO. 0-86-34 ADOPTED BY THE CITY COUNCIL OF TAMARAC ON JUNE 11, 1986 WHICH AMENDED SECTION 19-1.2 OF THE CODE OF ORDINANCES RELATING TO THE CITY OF TAMARAC RETIREMENT PLAN; AMENDING SECTION 1 OF ORDINANCE NO. 0-86-34 PERTAIN ING TO MEMBER CONTRIBUTIONS; AMENDING SECTION 2 OF ORDINANCE NO. 0-86-34 PERTAIN ING TO CITY CONTRIBUTIONS; PROVIDING A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FQR AN EFFECTIVE WHEREAS, the City Council of the City of Tamarac on June 11, 19.8-6 adopted Ordinance No. 0-86-34 pertaining to City of Tamarac retirement plan; and WHEREAS, it was requested by Staff at the June 11, 1986 meeting that changes be made to said Ordinance; and WHEREAS, Staff has now determined that Ordinance No. 0-86- 34 needs to be amended on an emergency basis in order to avoid the improper deduction of employee pension contribu- tions; and WHEREAS, the City Council of the City of Tamarac finds this to be an emergency situation that needs immediate consideration by the Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section 1 of Ordinance No. 0-86-34 as adopted by the City Council, City of Tamarac, June ll, 1986, is amended to read as follows: A. Amount. All current and future participants in the Retirement Plan shall make regular contributions at a rate of t 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 -1- the fund on at least a monthly basis. <In> The City f! i 1 2 3 4, 5 6 7 8 9 13 14 15 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 agrees to assume and pay member contributions in lieu of direct contributions by the members4,->. subject to such agreement shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City directly to the plan. All such contributions by the City shall be deemed and considered as part of the Members Accumulated Contributions and subject to all provisions of this plan pertaining to Accumulated Contributions of Members. The intent of this language is to comply with Section 414(h)(2) of the Internal Revenue Code. The City Manager shall (ewe the City's Retirement rrc'cct e—be amended Lrrrt wit i -the terms of this seetlen, shall), notify each participant in the Retirement Plan of said Amendment and shall file the required documentation with the State Department of Administration, Division of Retirement in Tallahassee consistent with the laws, rules, and regulations as promulgated by said department. SECTION 2: That Section 2 of Ordinance No. 0--86-34 adopted by the City Council on June 11, 1986 is hereby amended to read as follows: 3. City Contributions. a. So long as this system is in effect, the City shall make an annual contribution to the Trust Fund 'the aetuafla! study peffeEmed en the in an amount determined by an a_qtuary to fund an on sound basis and in compliance with anv applicable federal and state requirements. b. That, effective June 1, 1986, the City agrees to pay the five percent (5%) employee contribution for Police Officers and Fire Fighters into the City of DO= Tamarac Retirement Plan for all such participants of 1 2 3 4, 5 6 7 B 9 10 11 12 13 14 15 26 27 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 the 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. 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 Officers and Fare 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 one percent (1%) employee contribution into the City of Tamarac Retirement Plan for all Employees of the City,<and> other than 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 (SH) one percent 1%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 distributed on a current basis by one percent _Lj_%Z to all Employees of the City, other than Police Officers and Firefighters,who are partici- pating in the Retirement Plan. Income tax with- -3- holding 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. SECTIONA: All Ordinances or parts of Ordinance in conflict herewith are hereby repealed to the extent of such conflict. SECTION_5: 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_7: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this PASSED SECOND READING this Z� ATTEST: CITY CLER I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. CITY AT ORNE 1295693 286/p RECORD OF COUNCIL VOTE MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STEIZER 4- DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN -4-