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Home My WebLink AboutCity of Tamarac Ordinance O-1991-02730 33 32 33 34 35 36 37 is 3. 2[ 23 22 23 24 25 26 27 28 29 30 23 3; 3A 35' Temp. Ord. #1552 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-91--,�' I AN ORDINANCE AMENDING ARTICLES II AND III OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY DELETING PROVISION FOR ALTERNATE POLICE AND FIRE TRUSTEES; PROVIDING THAT THE TRUSTEES MAY OBTAIN SURETY BONDS; PROVIDING THAT FIREFIGHTERS AND POLICE OFFICERS IN THE UNITED STATES ARMED FORCES OR MERCHANT MARINE WILL RECEIVE VESTING CREDIT UNDER CERTAIN CIRCUMSTANCES; THAT TERMINATING EMPLOYEES RE-EMPLOYED WITHIN FIVE YEARS CAN RE-ENTER THE PLAN; CORRECTING STATUTORY REFERENCES; PROVIDING THAT THE BOARD OF TRUSTEES MAY ANNUALLY REVIEW THE STATUS OF EACH DISABILITY BENEFIT RECIPIENT; ELIMINATING THE REQUIREMENT OF SPOUSAL CONSENT FOR FIREFIGHTERS AND POLICE OFFICERS WHO WISH TO CHANGE BENEFICIARIES; PROVIDING THAT DISABILITY BENEFITS FOR POLICE AND FIRE PARTICIPANTS MAY NOT BE OFFSET BY WORKER'S COMPENSATION BENEFITS EXCEPT TO THE EXTENT THAT THE TOTAL OF THE TWO EXCEEDS 100% OF THE EMPLOYEE'S SALARY AT THE TIME OF INJURY; AND REQUIRING THAT THE FUNDS AND SECURITIES OF THE PENSION TRUST FUND BE DEPOSITED IN A DEPOSITORY; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the State of Florida, Department of Insurance and Treasurer, Bureau of Municipal Police Officers' and Firefighters' Retirement Fund has determined that certain changes are desirable to the City's pension ordinance; and WHEREAS, the City Council of the City of Tamarac determines that it is in the public interest to adopt the following Ordinance; and WHEREAS, the following amendments have been approved by the Board of Trustees of the City of Tamarac Employees' Pension Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF TAMARAC, FLORIDA: Thal: Chapter 16, "Pensions and Retirement" of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: SECTION 1: That Article II, "Declaration of Trust", Sec- tions 16-56(a)(3) and (4) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: 1 -1- 3 Temp. Ord. #1552 _ (3) One (1) Trustee shall be 2 elected by the firefighters employed by the City who participate in the Plan. (4 ) One (1) .Trustee shall be f elected by the police officers employed by the City or BSO who participate in the Plan. 7 SECTICN2: That Article II, `Declaration of Trust", Section 16-72 of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: 30 23 All 1 *i-± ttcst: monies not: be deposited by the 22 Trustees in such depository or depositories, as 33 defined in F.S. Section 280.02, as the Trustees shall from time to time select, in any such deposit or 24 deposits, or disbursements therefrom, shall be made in the name of the Trust in the manner designated and 35 authorized by the Trustees appointed in accordance S6 with Section 16-71 (b) (2) . 37 SECTION 3:That Article II, "Declaration of Trust", Section l! 16--77 of the Code of Ordinances of the City of Tamarac is hereby 3� amended to read as follows: 2[ 21 The Trustees may shaii obtain from an authorized surety company such bonds as may be required by law or 22 desired by the Trustees covering such persons and in such amounts (but not less than required by law) as the 23 Trustees, in their discretion, may determine. The cost 24 of premiums for such bonds shall be paid out of the Trust Fund. 25 26 SEC1ION_4: That Article..III, "Pension Plan", Section 16- 21 196 (b) of the Code of Ordinances of the City of Tamarac is hereby 29 amended by adding the following sub -subsection to read as follows: 29 (5) Terminat jUg emRlovment with the City or BS!Q and 30 bocQming re -employed -by) years of terminal ig12 provided that ,the employee did not 31 d 3. rgntgibutionst 23 SECTION 5: That Article III, "Pension Plan", Section 16--197 34 of the Code of Ordinances of the City of Tamarac is hereby amended 35 to read as follows: I -2- Temp. Ord. #1552 A Participant who is not vested shall lose all vesting I so. 21 12 12 16 15 26 .17 16 I's 2r 27 22 23 26 25 26 27 2e 29 30 27 ]: 31 25 credits earned to date if the Participant suffers a break in service before earning five (5) vesting of credits and 3g . 11 reggive vesting credit, fnr time 11- �• - • - I• - • I - - I - • • - 11 I _ - ! - - • I • • I ' • . • • 11 11 • ,ECTION 6: That Article III, "Pension Plan", Section 16- 223 (2) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (2) Any other actuarially equivalent benefit approved by the Board of Trustees or provided by F.S. Sections 175,171 3-?{--$-ate and 18 5.161. ,SEQJION -7—: That Article III, "Pension Plan", the first sentence of Section 16-229(b) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (b) Continuing review. The Board may shai± review the status of each disability benefit recipient once each year and may, in its sole discretion, .... SECTION B:That Article III, "Pension Plan", Section 16-241 of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: With respect to death benefits provided in this article, at any time prior to the date of death, a Participant may file with the Board of Trustees his designation of a beneficiary other than his spouse. Any such filing with the Board must be evidenced by spousal consent. The spousal consent shall be in writing by a notary public or a representative of the employer, and such consent shall acknowledge the effect of the election. Spousal consent is not required if the Participant jg`a firefighter or _police officer or establishes to the satisfaction of an employer representative that such consent cannot be obtained because there is no spouse or the spouse cannot be located. Neither the Plan, the Board nor a third party payer shall be liable by reason of payments made pursuant to a consent obtained by the Board acting in accordance with the provisions herein. -3- SECTION 9: That Article III, Temp. Ord. #1552 "Pension Plan", Section 16-228 (a) (2) of the Code of Ordinances of the City of Tamarac is 30 31 32 33 34 35 36 .17 18 3'. 2[ 23 22 23 24 25 26 27 28 29 30 32 2: 34 35 hereby amended to read as follows: (a) A monthly disability benefit equal to the average monthly compensation paid by the city for the participant's last position and pay step at the time of disability minus any disability income benefit actually received by the participant from the city's longer -term disability insurance benefit plan, social security and workers' compensation (including those portions of lump sum payments that are in consideration for discharge of liability for future wage loss or total disability benefits), provided that (1) the benefit paid by the plan shall not exceed sixty-six and two-thirds (66 2/3) percent of the participant's average monthly compensation at the time of disability for general employees and seventy-five (75) percent of the participant's average monthly salary at the time of disability for police and fire employees, and provided fart:her that (2) the benefit paid by the plan to disabled firefighter and police officer partici- pants shall not, when combined with any disability benefits actually received by such police and firefighter participants from the city's long-term disability insurance benefit plan and worker's compensation (including those portions of lump sum payments that are in consideration for discharge of liability for future wage loss or total disability benefits) be less than forty-two (42) percent of the disabled firefighter's or police officer's average monthly compensation at the time of disability.Any reduction of the disability r e workers'gmount that the total of thQ n r exceeds the maximum r sation at the time of the disability_. SECTION 10: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 11: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. -4- Temp. Ord. #1552 SECTIQN • This Ordinance shall become effective immedi- ately upon adoption and passage PASSED ON FIRST READING THIS oZQ day of , 1991. PASSED ON SECOND READING THIS day of 1991. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: A t/� . � ALAN RUF CITY ATTORNEY • i`il` .`. •#IV rr RECORD OF COUNCIL. VOTE MAYOR ABRAMOWITZ a4l d DISTRICT 1' V (7/,yl KATZ SI DISTRICT 3:. O!AAI CL ASSFR l u DISTRICT 4: V/K4 REND R )/✓°/l -5-