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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-0101-1 Temp. Ord. # 1758 6/14/96 Revision #1 6/18/96 Revision #2 6/20/96 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-96-- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 16, PENSIONS AND RETIREMENT, ARTICLE III, PENSION PLAN, SECTION 16- 191(a)(4), PARTICIPATION, TO REFLECT THE JOB CATEGORIES ESTABLISHED IN RESOLUTION NUMBER R-95-224 AND TO CLARIFY THE OPTIONS AVAILABLE TO PARTICIPANTS WHO OPT OUT OF THE TAMARAC EMPLOYEES PENSION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac Resolution Number R-95-224, adopted October 11, 1995, revised the City's general job categories from those previously established by Resolution No. R-88-272; and WHEREAS, Resolution No. R-95-224 abolished the Executive/Managerial and Supervisory categories and created the Executive and Managerial/Professional job categories, and the benefits applicable to the former Executive/Managerial category are applicable to the new Executive and Managerial/Professional job categories; and WHEREAS, Chapter 16, Article III, which establishes the City of Tamarac Employees Pension Plan should therefore be amended to reflect the revised job categories; and WHEREAS, an amendment to reflect the revised job categories and opt out provisions for qualifying employees has been approved by the Board of Trustees of the City of Tamarac Employees Pension Trust Fund; and WHEREAS, the City Commission determines it is in the best interest of the citizens and residents of Tamarac to amend the plan to reflect the revised job categories. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. CODING: Words in struek thretigh type are deletions from existing law; Words in underscored type are additions. 2 Temp. Ord. # 1758 6/14/96 Revision #1 6/18/96 Revision #2 6/20/96 SECTION 2: Article III, Section 16-191(a)(4) is hereby amended as follows: SECTION 16.191 PARTICIPATION Any person initially employed as, promoted to, or recategorized to any of the classifications designated or categorized as Executive or Managerial/Professional. EmeeutivelManagerial Employees by as established by Resolution No. R-95-224 engpleyees outside the bargaining unit, established by Resolution no. R 88 2:72 and/or subsequent amendments to said resolution, shall, within 30 days of employment, of promotion or r cate orization or the effective date of this ordinance amendment, hichever is later, elect to participate or not participate in the plan. Such election shall be irrevocable for as long as the employee is employed in an "Executive" or "Managerial/Professional" position. Executive/Managefial position. Should any participant elect to discontinue participation in the plan as permitted by (3) amel (4) above or upon being promoted or recate orized to an "Executive" or "Mann erial/Professional" position, then the participant, for the purposes of the pensioo plan-only,shall be considered as having suffered a break in service pursuant to Seglign 16-196 197 and 198 hereof and if vested shall be considered to have terminate employment for purposes of Section 1 -199 c and 16-243 hereof or, at the participant'5 option, the participant can elect not to suffer a break in service in which case no benefits or refund of contributions shall be payable until the pprticipant terminates all Citv emolovment and otherwise qualifies for a benefit or refund 4f contributions hereunder. The participant's entitlement to benefits hereunder shall be governed by the plan provisions in effect at the time of such discontinuance. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in dough type are deletions from existing law; Words in underscored type are additions. 3 11-11 • ereff"ArAel; 1 1 6/14/96 Revision #1 6/18/96 Revision #2 6/20/96 SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this day of , 1996. PASSED, SECOND READING this day of �-u— , 1996. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY t t I h a proved this RD N E rrm. MIT ELL S. K FT CITY ATTORN NORMAN . ;.. ►l k• REC^Qn nF COMMISSION VOTE MAYC DIST DIST DIST DIST SDH/sar CODING: Words in stfuelt thfough type are deletions from existing law; Words in underscored type are additions.