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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1986-0591 2 3i 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Introduced by R'% Temp. Ord. #1294 Rev. 10/8/86 Rev. 10/16/86 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-86- 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) (3), AMEND- ING ORDINANCE 86-34 AND ORDINANCE 86-39 AND BY THE ADOPTION OF NEW SUBSECTIONS (f) (3); PROVIDING FOR MEMBER CONTRIBUTIONS TO THE CITY OF TAMARAC RETIREMENT PLAN; PROVIDING 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. 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 11, 1986, and Section 1 of Ordinance 86-39 adopted by Council June 25, 1986 are amended to read as follows: A. Amount. All current and future participants in the Retire- ment Plan shall make- regular contributions at a rate of ona Terrant (1. five percent (51) of earnings-,.aad Fire Pigbters—and -Police Officers shall (5%) of —ear-xi-i gs-. Member contributions shall be deposited in the fund on at least a monthly basis. The City agrees to assume and pay member contri- butions in lieu of direct contributions by the members. No member subject to such agreement shall have the option of choosing to receive the contri- buted amounts directly instead of having them paid by the City directly to the plan. All such contri- butions by the City shall be deemed and considered as part of the Members Accumulated Contributions and subject to all provisions of this plan pertain- -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ing 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 notify each participant in the Retirement Plan of said Amendment and shall file the required documentation with the State Depart- ment 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,and Section 2 of Ordinance 86-39 adopted by Council June 25, 1986 are 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 in an amount determined by an actuary to fund the plan on a sound basis and in compliance with any applicable federal and state requirements. b. That, effective j,ne 11986 October 1, _1986,._ the City agrees to pay the five percent (5%) employee contribution for Ql ;ro Offs -.arg and R; ro Fighters into the City of Tamarac Retirement Plan for all such participants of the Plan. The economic value of the City paying the employee retirement contribution is equivalent to an in- crease in base pay of five percent (5%), or great- er, due to the deferral of income taxes. c. That effective june—k 1986, October �1, 1986,_ the City will reduce the amount of base pay which is distributed on a current basis by five percent (5%) to Police C&ffsprs—end Fire Fighters -4L11 participating participants 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 -2- be added to the amount distributed on a current 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 29 30 31 32 33 34 basis in order to determine total wages. e. That, effective 4une 1, 1986, October 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, 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 owe r-ent (1%). five percent (5%) or greater due to the deferral of Income taxes. f . That, effective Jane 1, 1986, October 1, 1986, the City will reduce the amount of base pay which is distributed on a current basis by one percent five percent (5%) to all Employees of the City otherthan n liee 99 f • eers and FiFefighteray 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 such 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. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4.. 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. -3- IJ 1 2 3, 4I 5 Co 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ,SECTION 5: Specific authority is hereby granted to codify this ORDINANCE. ,SECTION 6: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this day of O1986. PASSED SECOND READING this aRA day of 1986. ATTEST:. — CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE. BERNARD MAYOR MAYOR: HART u'' DIST. 1: C/W MASSARO DIST. 2: V/M STELZER -.� DIST. 3: C110 GOTTESMAN DIST. 4: C/M STEIN -4-