HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-032Temp. Ord. No. 1873
08/24/99
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.O-99
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER
16, PENSIONS AND RETIREMENT, ARTICLE II
DECLARATION OF TRUST AND ARTICLE III PENSION
PLAN; PROVIDING FOR THE DELETION OF ALL
REFERENCES TO STATE PREMIUM TAX
CONTRIBUTIONS, CHAPTERS 175 AND 185 OF THE
FLORIDA STATUTES, AND FIREFIGHTERS OR POLICE
OFFICERS; PROVIDING FOR THE DELETION OF
GENDER SPECIFIC LANGUAGE; PROVIDING FOR THE
RESTRUCTURING OF THE BOARD OF TRUSTEES AND
ESTABLISHING A QUORUM OF THE BOARD;
PROVIDING FOR THE REFERENCING OF THE
UNIFORM SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT (USERRA)
CONCERNING THE CREDITING OF MILITARY
SERVICE; PROVIDING FOR THE USE OF AN UPDATED
GROUP ANNUITY MORTALITY TABLE; PROVIDING
FOR THE CREATION OF A SEPARATE PENSION PLAN
FOR FIREFIGHTERS IN COMPLIANCE WITH CHAPTER
175, FLORIDA STATUTES; PROVIDING FOR THE
CREATION OF A SEPARATE PENSION PLAN FOR
POLICE OFFICERS IN COMPLIANCE WITH CHAPTER
185, FLORIDA STATUTES; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted amendments to Chapters 175 and 185 of the
Florida Statutes that require specific actions as related to Police and Firefighter Pension Trust
Funds; and
WHEREAS, these amendments to the Florida Statutes require the separation of
consolidated Pension Trust Funds; and
Temp. Ord. No. 1873
08/24/99
Page 2
WHEREAS, the following amendment separating the City of Tamarac Employees
Pension Trust Fund into separate General Employee, Firefighter and Police Officer Pension
Trust Funds has been approved by the Board of Trustees of the City of Tamarac Employees
Pension Trust Fund; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best
interest of the citizens of the City of Tamarac to amend the plan to reflect these changes; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That 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.
SECTION 2: That Chapter 16, Article II Declaration of Trust, Division 1. Generally be
amended by deleting the 4Aeliam through language as follows:
See.16-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Contributions means the payments required of the city and the Sher-ig of Br-ou.,ffird
or payments made by or on behalf of
participants or their beneficiaries.
SECTION 3: That Chapter 16, Article 11 Declaration of Trust, Division 2. Board of
Trustees be amended by adding the underlined language as follows:
Temp. Ord. No. 1873
08/24/99
Page 3
Sec. 16-42. Effective date.
This article and Declaration of Trust shall be in full force and effect as of January 1,
1987. Provided further that all particil2ants who terminated employment with the city and had
vested benefits in the pension plan at the time of termination shall be governed by the ordinance
or ordinances in effect at the time of employment termination from the city.
SECTION 4: That Chapter 16, Article II Declaration of Trust, Division 2. Board of
Trustees be amended by deleting the 44ekel; through language and adding the underlined
language as follows:
Sec.16-56. Members.
(a) The plan shall be administered by seN,e3 five (L5) trustees and seN,e3 five (:�5) alternate
trustees, as follows:
pr�tMS n d o (1) alt$i�F�� 6 ,
v�x�C�rT �7�' employees'
99 the sity who paAieipate in the plan,
(21) One Two (42) trustees and eae two (4-2) alternates shall be elected by the plan
participants
(52) One (1) trustee and one (1) alternate shall be appointed by the mayor, from
members of the City Commission, who mgy also serve as trustee for either the
Police Officer lan or the Firefighter plan or both plans.
(�3) One (1) trustee and one (1) alternate shall be appointed by the city manager who
mU also serve as trustee for either the Police Officer plan or the Firefighter plan
or both plans.
(74) One (1) trustee and one (1) alternate shall be appointed by the finance director
who may also serve as trustee for either the Police Officer plan or the Firefi hter
plan or both plans.
Temp. Ord. No. 1873
08/24/99
Page 4
(95) The trustees and one--(1) alternates elected by eWleyees milst he plan
participants, ••'-~ ~~~ were must be or have been members of the wee
gFGHP _„h iyh 6410foa tho„-, plan.
(P3) The mayor, city manager and finance director may appoint themselves as trustees
or alternates. Should they mayor appoint another person, as trustee or alternate
that person must, at all times while serving as a trustee or alternate, be as
a member of the city commissionef. Should they c�
manager or finance_ director appoint another person, as _trustee or alternate, that
person must, at all times while serving as a trustee or alternate, be an employee;
(4-97) Alternate trustees shall, in the absence of the regularly appointed trustees, have all
of the powers of trustees.
(c) Elected trustees shall serve three-year terms, unless the trustee sooner leaves
employment of the city . The city
clerk shall conduct the elections by secret ballot a....:ag April ~r- May prior to the expiration of a
trustee's term. ,
f rr~,,,ing
... !rrr:r�!strs�:e!�:
�res�iirz�z�zsrr-
.
-------
.••
.
.
.�.
(d) A vacancy shall occur whenever a trustee resigns, is removed by the appointing
official, is no longer eligible or qualified to serve as a trustee, dies or becomes incapacitated.
The vacancy in the office of an appointed trustee shall be filled by a new appointment being
made by the city official who appointed the departing trustee to serve a new three (3) year term.
The vacancy in the office of an elected trustee shall be filled by the alternate trustee elected by
the f employees who a'n~*sedd the aepa, ing +mstee plan participants. The alternate trustee
shall serve out the unexpired term of the departed trustee. An election shall be held to replace
the alternate trustee. The alternate trustee so elected shall serve out the unexpired term of the
prior alternate trustee.
Temp. Ord. No. 1873
08/24/99
Page 5
Sec. 16-61. Location of office of the fund.
The principal offices of the trust fund shall be located and maintained in #lie Broward
County, at Tamarac City Hall, or at such other location :w he ryy as the trustees may
determine.
Sec. 16-66. Quorum voting action without meeting.
(a) A quorum of the board of trustees shall be at least fetif three (43) trustees or
alternate trustees.
(b) Any action taken by the trustees, except as herein otherwise provided, shall be- y
affi- .-mative - ete of ma or -it , 09 t4@ total 4 Usteo w,,omheFshipregiures at least three (3) votes.
The Trustees must cast their votes in person.
Sec. 16-71. Investments.
(a) The trustees shall have the power and authority, in their sole discretion, to invest
and reinvest such funds as are not necessary for current expenditures or liquid reserves, as they
may from time to time determine.
-U.S. Se6Ai6„g 1 "7c n71 (1) (b) fi ��CT7C TM SUVC-hWii&i�6e iS
pefR444ed by these seetions The trustees may sell; exchange or otherwise dispose of such
investments at any time and, from time to time, as provided in section 16-76(6). The trustees
shall have the authority, in respect to any stocks, bonds or other property, real or personal, held
by them as trustees, to exercise all such rights, powers and privileges as might be lawfully
exercised by any person owning similar stocks, bonds or other property in his own right.
Sec. 16-75 Bylaws, rules and regulations.
(a) The trustees are hereby empowered and authorized to establish and adopt bylaws
and to promulgate any and all necessary procedures, policies, rules and regulations which they
deem necessary or desirable to facilitate the proper administration of the trust fund; provided the
same are not inconsistent with the terms of this trust agreement. The trustees are hereby
empowered and authorized in their sole discretion to construe and inte ret this plan and an
and all procedures, policies.,rules and regulations so adopted or promulgated. All bylaws,
procedures, policies rules and regulations adopted by action of the trustees shall be binding upon
all parties hereto, all parties dealing with the trust fund and all person claiming any benefits
hereunder.
1
Temp. Ord. No. 1873
08/24/99
Page 6
Sec. 16-81. Trustee reimbursement.
The trustees shall be entitled to reimbursement for the expenses properly and actually
incurred in the performance of their duties with the trust fund and to per diem allowance in
amounts established by the board of trustees, in accordance with_ appropriate laws, including,
without limitation, for attendance at meetings and other functions of the board of trustees,
attendance at institutes, seminars, conferences or workshops for or on behalf of the trust fund. A
trustee may be paid directly from the fund by way of reimbursement for the amount of actual city
erR.S9 wages that he has were lost by reason of his the performance of duties for the trust fund
in accordance with any reasonable schedule for reimbursement which may be established by the
board of trustees.
Sec. 16-84. Construction and determination by trustees.
Subject to the stated purposes of the fund and the provisions of this declaration, the
trustees shall have full and exclusive authority to determine all questions of coverage and
eligibility, methods of providing or arranging for benefits and all other related matters. They
shall have full power to construe the provisions of this declaration, the terms used herein and the
bylaws and regulations issued thereunder. Any such determination and any such construction
adopted by the trustees in good faith shall be binding upon all of the parties hereto and the
beneficiaries hereof. No questions or disputes arising under this declaration shall be subject to
the grievance or arbitration agreement between the city er- PRO and any labor organization;
provided, however, that this clause shall not affect the rights and liabilities of any of the parties
under any of such collective bargaining agreements.
Sec. 16-86. Reliance on written instruments.
(a) By trustees. Any trustee, to the extent permitted by his fiduciary responsibility
and by applicable law, may rely upon any instrument in writing purporting to have been
approved by a majority vote of the trustees and signed in accordance with section 16-68 as
conclusive evidence of the fact that a majority of the trustees have taken the action stated to have
been taken in such instrument. In any controversy, claim, demand, suit at law or other
proceeding between any participant or any other person and the trustees, any instruments on file
with the trustees, or with the city , and any fact certified to the trustees, by the city
or-&&9, and any fact which are of public record and any other evidence pertinent to the issue
involved.
(c) Reliance on counsel's opinion. The trustees may consult with independent legal
counsel concerning any question, which may arise with reference to the duties and powers, or
with reference to any other matter pertaining to this declaration or the trust hereby established.
The opinion of such counsel shall be full and complete authorization and protection in respect of
Temp. Ord. No. 1873
08/24/99
Page 7
any action taken or suffered by the trustees hereunder in good faith in accordance with the
opinion of such counsel. The trustees shall not be. liable therefor to the extent permitted by
applicable law.
(d) Responsibilities imposed by state law. The provisions of this section shall not
relieve the trustees of any responsibilities or obligations imposed by F. S. Chapter 112, 175-18 5;
or- 286s or other applicable laws.
SECTION S: That Chapter 16, Article II Declaration of Trust, Division 3. Benefits,
Contributions be amended by deleting the r#r-W yen through language and adding the underlined
language as follows:
Sec. 16-101. Contributions and collections - Employer contributions.
(a) The city, 490-and participants shall make prompt contributions or payments to
the trust fund in such amounts and under the terms as are provided for in this chapter and as
requited by law. Such contributions or payments are absolute obligations to the trust fund, and
such obligation shall not be subject to (by way of illustration and not limitation) setoff or
counterclaim which the city, for any participant may have for erroneous contributions to any
other trust funds, or for any other liability of any employee, the city, 940-, the trustees or any
other person.
Sec. 16-103. Same — Collection and enforcement of payments.
The trustees, or such committee of the trustees as the board of trustees shall appoint, shall
have the power to demand, collect and receive city, l and participant payments and all other
money and property to which the trustees may be entitled, and shall hold the same until applied
to the purposes provided in this trust agreement. They shall take such steps, including the
institution and prosecution of, or the intervention in, such legal or administrative proceedings, as
the trustees in their sole discretion determined to be in the best interest of the trust fund for the
purpose of collecting such payments, money and property.
Sec. 16-104. City has no right, title or interest.
The city, 490-, any participant or beneficiary shall not have any right, title or interest in
or to the trust fund or any part thereof other than vesting under the pension plan and other than a
pension or other benefit for which a participant or beneficiary is entitled under the terms and
conditions set forth in the pension plan. There shall be no pro rata or other distribution of any of
Temp. Ord. No. 1873
08/24/99
Page 8
the assets of the trust fund as a result of any group of employees or participants and their
beneficiaries, ceasing their participant in this trust fund for any purpose or reason, except as
required by law.
SECTION 6: That Chapter 16, Article III Pension Plan, Division 1. Generally, be
amended by deleting the stamen through language and adding the underlined language as
follows:
ARTICLE III. PENSION PLAN
DIVISION 1. GENERALLY
Sec.16-126. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Actuarial equivalence or actuarially equivalent means that any benefit payable under the
terms of this plan in a form other than the standard form of benefit for unmarried participants
shall have the same actuarial present value on the date payment commences as such standard
form of benefit. For the purposes of establishing the actuarial present value of any form of
payment, all future payments shall be discounted for interest and mortality by using seven -
percent interest and the 197483 Group Annuity Mortality Table €e leis, with ages set ahead
five (5) years in the case of disability retirees.
Average final compensation means one -twelfth of the average annual compensation,
defined as total cash remuneration paid for services rendered to the city, , of
the five (5) highest years of service prior to the employee's normal retirement date or prior to the
employee's voluntary discontinuance of participation in the plan.
rtsf MR
General employee means any person employed by the city of a" Per -sea eF"10Yed-bY
ep
'hine
, ' ,
Temp. Ord. No. 1873
08/24/99
Page 9
r.,A;,.ipaf. in this rl-ar in ow0or-od o pigyme ther than a police officer, firefighter, temporary
employee or elected official.
..
...
IM
MOW
Retirement or retired means the complete withdrawal of a participant from any further
employment as an employee, paid consultant or independent contractor of the city, nc^, or b�*''
Service means years and completed months of continuous uninterrupted employment as a
full-time employee of the city, ncn,ar- both, ., 'ide 1 41zM_eMPIEI..ee.. ,.f n80.n+ 1..,.,o h-
PR#i8iPaR4S in this plan on june �Q' , commencing on the date of hire, for which a person is
paid, or entitled to payment, by the city-oF499:
(1) For the performance of duties;
(2) For reasons other than the performance of duties, including vacations, holidays,
temporary disability, illness, jury duty, military duty, administrative leave, paid
leave or approved leave of absence;
(3) As the result of back pay being awarded, or agreed to, by the city er. UP40
(irrespective of mitigation of damages).
Noncovered employment: A person who is paid, or entitled to payment, by the city er- BS9 shall
also be credited with service for purposes of participation, vesting and breaks in service (but not
for benefit purposes) based upon service in noncovered employment for the city9,
provided that the person worked for the city are -PRO in covered employment immediately before
or immediately after the noncovered employment, and further provided that no resignation,
discharge or retirement occurred between the covered employment and the noncovered
employment.
Sec. 16-127. Submission of claims, notices and inquiries.
All claims for benefits, elections for a specific form of benefit, notices of reemployment,
notices of retirement, verifications of retirement, notices of mailing address, notices of appeal,
and all other inquiries and matters concerning the pension plan shall be submitted to the board of
trustees addressed as follows:
Temp. Ord. No. 1873
08/24/99
Page 10
Secretary
City of Tamarac
Employees' Pension Flan
7-525 N. W. 881h Avenue
Tamarac, Florida 33321
Sec. 16-132. Funding generally.
The plan shall be funded by contributions from participants, contributions from the city
SOS and other income sources as authorized by law.
Sec. 16-133. Participant contributions.
(a) All general employee eAd paliee offieef participants shall make regular
contributions at the rate of five (5) percent of total cash remuneration paid for services rendered
to the city ,,, IMO, which shall be deposited in the fund at least monthly. All fire f4ghl�r
..4 afte f April , 1998 „hie shall be ,70,.esite :,. oke -11fid -A♦ least. ., f,+1 lyr The city
shall assume and pay participant contributions for their respective employees in lieu of payroll
deductions from participants' earnings. No participant shall have the option of choosing to
receive the contributed amounts directly instead of having them paid by the city e;a SO directly
to the plan. All such contributions by the city or IRSO shall be deemed and considered as a part
of the participant's accumulated contributions and subject to all provisions of this plan pertaining
to accumulated contributions of members. This city pickup of contributions is the result of a
five -percent reduction of each participant's base pay and of base pay levels which occurred on
October 1, 1986, es ;1.'iyTyre'n?at employed by B90 on july 1 , 4989, also 814
eaek fir-ef4ghter- paAieipant's base per), and of base pay levels ;.A.I A -II ed an April 1, , all
of which is intended to comply with section 414(h)(2) of the Internal Revenue Code.
WA F.,M-
TT�i7ri [�T�Tr
W01
Will'
- A -
(eb) If a participant has not made contributions for any period of covered service because the
previous plan did not permit contributions or benefit credits for service after normal retirement
Temp. Ord. No. 1873
08/24/99
Page 11
age, the participant must pay retroactive contributions for that period in order to receive vesting
credit for that period. Such retroactive contributions shall be made over a period of time equal to
the period of time for which contributions were not made unless the participant selects a shorter
period. All retroactive contributions due must be paid in full prior to retirement.
Sec. 16-134. Reserved
!s�e!�:�s!r.�re�eires.. . �'rsr�frrs!�s�*rafieesars. 1911EW W.
on
- - -
Sec. 16-135. City and contributions.
The city, on behalf of participants who are city employees, shall contribute to the plan on
at least a quarterly basis an amount which, together with the contributions derived from said
participants and the amount derived from pr-e ,,;ufa taxer, A""d other income sources as authorized
by law, will be sufficient to meet the normal cost of the plan for said participants and to fund the
actuarial deficiency over a period of not more than thirty (30) years.1180, on - _
P&4j8jP8'R4r_' A-4-44A [4r.0 QSQ employees, shall eant4hi4to to the plan go M leftS4 a quaAefly basis
time period— Affla of said PeAiGiPeAts if said P&AieipaR48 were MkOffl-h-Affs of F-R-S Fat—h-A-F ah-an
paFtieipants in this pleffl.
Sec. 16-140. Same -Notice of receipt of claim.
(c) Notice to the alternate payee shall be given at his/her address as shown in the
domestic relations order.
SECTION 7: That Chapter 16, Article III Pension Plan, Division 3. Credited Service, be
amended by deleting the strislien through language and adding the underlined language as
follows:
See.16-191. Participation.
(a) A person shall become a participant on the first day of service. Each full-time
employee of the city shall be a participant in the plan except:
5 Any person employed as a firefi hter.
Temp. Ord. No. 1873
08/24/99
Page 12
(6) Any person employed as a police officer.
See. 16-196. Breaks in service.
(a) A break in service shall occur when a participant is no longer employed by the
city of �as a full-time employee. However, no credits shall be lost except as provided in
section 16-197.
(b) A break in service shall not occur if the participant is not employed due to the
participant:
(1) Entering into the Armed Forces of the United States, provided the person returns
to work in covered employment within ai ety (90) days f the time periods
provided in the Uniformed Services Employment and ReemploymentRights Act
(USERRA) after discharge or iA4thifi„ety (90) a., e f .a; ehe e release from a
hospital, if the person was hospitalized at the time of separation from the armed
forces;
(2) Becoming employed by the city er- Q S 9 in noncovered employment;
(3) Being absent from work due to maternity or paternity leave as defined in section
16-126 or due to unpaid leave of absence approved by the city er. 1489; or
(4) Becoming temporarily totally disabled or receiving a disability benefit from the
plan.
(5) Terminating employment with the city er- RS9 and becoming re-employed by the
city op4S -within five (5) years of termination provided that the employee did
not receive a refund of the employee's accumulated contributions.
Sec. 16-197. Loss of credits.
A participant who is not vested shall lose all vesting credits earned to date if the
participant suffers a break in service before earning five (5) vesting credits. However, a
fir-e€igl participant will not suffer a loss of credits and will receive vesting credit for time
spent in the military service of the Armed Forces of the United States or the United States
Merchant Marine while on official leave of absence in the event of a national emergency
provided that the requirements of Seel e P& W2 (5)_ (b), Florid Stat tee USERRA, have been
met. A pekee o-f4e-of 41A.4-1-1- Hot sa-14444- ek less in se;_q14eR_ Mad- feeeive vesting er-edit &r. time spe
Temp. Ord. No. 1873
08/24/99
Page 13
See. 16-199. Reentry into plan.
(a) A person who has been paid a refund of accumulated contributions after layoff by
the city sr. Q�9 and subsequently is reemployed by the city e9 and earns any vesting credits
under the pension plan may repay to the pension plan the accumulated contributions previously
received, plus interest on that amount at the actuarially assumed interest rate, compounded
annually, or such other amount as prescribed in section 411(c)(2)(d0 of the Internal Revenue
Code.
SECTION 8: That Chapter 1.6, Article III Pension Plan, Division 4. Benefits, be
amended by deleting the stviekee through language and adding the underlined language as
follows:
Sec. 16-217. Early retirement age.
The early retirement age shall be the first day of any month on which or after a f4r-ef4gl
participant has earned ten (10)
vesting credits and has attained age
04 Fifty-five (55) ;
See. 16-218. Early retirement benefit.
The early retirement benefit shall be the benefit level provided in section 16-233 et seq.
reduced by one -fifteenth for each of the first five (5) years and one -thirtieth for each of the next
five (5) years or-, for- f;,.of ght r A•,.,...,..,tn ith tWeill„_FW0 (294 or- more vesting Fed ts
for each year by which the participant is younger
than the normal retirement age for the participant on the effective date of his early retirement.
1
Temp. Ord. No. 1873
08/24/99
Page 14
Sec. 16-219. Normal retirement age.
The normal retirement age shall be the first day of the month on which or after which the
participant attains age=
(4 Sixty-two (62) ;
��rr.�r�r�aesq
See.16-223. Optional benefits.
Optional benefits are:
(1) Single life annuity. Any participant may file an election to receive monthly
payments for life.
(2) Any other actuarially equivalent benefit approved by the board of trustees_ of
pr-q.,i ded by F. S. n0..+;.9„c. 1 751 "71 1444 d 1 Q5.161
Sec. 16-225. Revocation of election.
(b) After benefits have commenced, a retired participant may change her or his
designation of joint annuitant or beneficiary. Upon making such a change the participant's
benefit payments shall be adjusted to be actuarially equivalent to the benefit paid before_ the
change.
Sec. 16-226. Notflee offorms 9f Pension henefitsReserved.
Delete in its entirety.
Sec. 16-227. Right to disability benefits.
(a) Service -connected. A service -connected disability benefit shall be payable if a
participant=
has suffered a service -connected injury, illness, disease, or
disability which permanently incapacitates the participant, either mentally or
physically, from his/her regular and continuous duty for the city or-
Temp. Ord. No. 1873
08/24/99
Page 15
' and wholly prevents the
p� participant from rendering useful and efficient service to the city-ff
(b) Presumption.
(44 For all employees who where initially employed prior to the effeetjw
4teDecember 23 1 887 of this section and were members of the previous
employees' retirement plan for the city, any permanent disability, as described in
paragraph (a) (1) above, which is the result of or caused by tuberculosis,
hypertension or heart disease,
shall be presumed to have been incurred in the line of duty so as to be
service -connected unless a physical examination of the participant conducted
upon initial hiring by the city revealed that such condition existed at that time.
(c) Nonservice-connected. A nonservice-connected disability benefit shall be
payable if a participant:
with two (2)
but less than ten (16) vesting credits -has suffered a nonservice-
connected injury, illness, disease or disability which permanently
incapacitates the participant, either mentally or physically, from his
regular and continuous duty for the city or BSO or any other gainful
full-time employment;
Temp. Ord. No. 1873
08/24/99
Page 16
See.16-228. Amount of disability benefits.
(a) Service -connected. The monthly service -connected disability benefit shall be:
(1) The greater of the participant's accrued retirement benefit-, or
(2) A monthly disability benefit equal to the average monthly compensation paid by
the city or- IRS9 for the participant's last position and pay step at the time of
disability minus any disability income benefits actually received by the participant
from the city's a 's long-term disability insurance benefit plan, social
security disability 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 (44 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 _ and
,l;ssl.;lity for. «., kee —Rad i..e a pleyees 1 (2) the benefit paidby t e ,ale t
f r. thief, ffge of liability for. Aiwye wage less +.+el .1;sa ility
140...,.f;+...) b,, 1.,,.,. +t,.,., foi4y +..,,, (n2) .. ri+ of +l,e ,l;sRl.to,l f;+.e,.l•,+e06 ,. el;,,e
disability. Any reduction of
the disability benefit provided herein on account of workers' compensation
benefits received shall be limited to the amount that the total of the workers'
compensation benefit plus the disability benefit payable hereunder exceeds the
maximum employee's average monthly compensation at the time of the disability.
(4) Upon reaching normal retirement age, the participant's benefit shall be either a
normal retirement benefit, with vesting credits for each year of service -connected
disability benefits and average annual compensation based upon the base wage
rates paid by the city er- B89 during the period of the participant's disability for
the participant's last position and step, or the benefit amount provided by
subsection (a)(1) or (2) above, whichever is greater, continuing as provided by the
retirement benefit option selected by the participant.
(b) Nonservice-connected; two but less than ten vesting credits. The monthly
nonservice connected disability benefit for participants with at least two (2) but less than
ten (10) vesting credits shall be:
1
Temp. Ord. No. 1873
08/24/99
Page 17
(1) A monthly disability benefit equal to the monthly base wage paid by the city 9f
199 for the participant's last position and pay step at the time of disability minus
any disability income benefits actually received by the participant from the city's
ohs long-term disability insurance benefit plan and social security, provided
that the benefit paid by the plan shall not exceed twenty (20) percent of the
participant's average monthly salary at the time of disability.
(c) Nonservice-connected, ten (10) or more vesting credits. The monthly
nonservice-connected disability benefit for participants with at least ten (10) vesting credits shall
be:
(1) The greater of the participant's accrued retirement benefit:, or
(2) A monthly disability benefit equal to the average monthly compensation paid by
the city o;z RS;9 for the participant's last position and pay step at the time of
disability minus any disability income benefits actually received by the participant
from the city's or- B80's long-term disability insurance benefit plan and social
security disability, provided that the benefit paid by the plan shall not exceed
twenty (20) percent of the participant's average monthly compensation at the time
of disability --gel-oes-1 and- tl}i�*)W(35) per-eeR4 Aftho
fi -O fig +or and . 460 B f fi ff r.aftieipaNtS 4 AM 44n- A 45"SOr- 990's long 40benefit plan —QQ-d- ,E
1
. a 18SS OF t 4.,1 diionl.i143' be.+e&S) Shft r 08t h_A_ IMOSS 4-h—Aff 4.. @ 4:r fi*0
(d) Increase in benefits. A participant's monthly disability benefit under this plan
shall be increased if the monthly base wage rate paid by the city or-UR9 for the participant's last
position and pay step is increased while the participant is receiving a disability benefit, provided
that the total disability benefit paid by the plan shall never exceed the applicable maximum limits
set forth above.
(e) All participants whose employment with the city ^r +1'e she,.iff Geun4y
terminated prior to the adoption of this ordinance [November 27, 1991], shall file a claim for
disability, if at all, within ninety (90) days form the effective date of this ordinance.
1
Temp. Ord. No. 1873
08/24/99
Page 18
Sec. 16-229. Determination of disability:
(b) Continuing review. The board may review the status of each disability benefit
recipient once each year and may, in its sole discretion, require recipients, as a condition of
continued payment of disability benefits, to submit physician's reports, submit to examinations,
at the plan's expense, by physicians or other medical, psychological, vocational or rehabilitation
professionals, or, if the r-eeip en4 is a rnFMOr goner -a! empleyee,l submit copies of his/her annual
federal income tax returns to substantiate continued disability, or if the weipient is A
geaeFal e-receiving a nonservice-connected disability benefit, submit proof of attempts
to secure suitable gainful employment. Should a gener-al employee or- a goner -a! employee
disability recipient not submit copies of his or her annual federal income tax return after being
requested to do so by the board, the board of trustees may, after notice to the e
-disability recipient, suspend the disability benefit paid to such former
genet employee until such recipient has fully complied with the obligations of this section.
Sec. 16-230. Recovery from disability.
(a) Recovery and reemployment by cio)�4 If a service -connected disability
benefit recipient recovers, the board of trustees shall request the city er--1480 to reinstate the
participant to his/her former position although the city e9 is not required to do so, and if the
participant resumes or declines an offer of such employment with the cityA; ago, the
participant's disability benefit will be discontinued.
(b) Recovery from nonservice-connected disability and reemployment by another
employer. If a e nonservice-connected disability recipient recovers and obtains
gainful full-time employment (other than employment in a sheltered workshop, Goodwill
Industries, or other employment program for the handicapped), the participant's disability benefit
shall be discontinued.
the pat4ieipa4s disability benefit shall be jiseentimled
(c) Vesting credit during disability. A recipient of a service -connected disability
benefit who has recovered and returned to work shall receive full vesting credit for all the time
during which the participant received a disability benefit. A recipient of a nonservice-connected
disability benefit who has recovered shall not suffer a break in service for the period of his/her
disability; however, in order to receive vesting credit for the period of disability, the participant
must be reinstated by the city a --, if a ucn playee at daw +;r.,o of E7;cability, by B90, and pay
into the fund the amount of employee contributions which he/she would have made during
his/her disability had he/she not been disabled, plus interest as determined by the board.
1
Temp. Ord. No. 1873
08/24/99
Page 19
Sec. 16-230.5. Duty to cooperate and search for work; reduction in disability benefit.
(c) Should the board of trustees determine, after notice to the disability pension
recipient that the recipient has not complied with the obligations imposed by this section, the
board may:
•eer.��. .Werra!efere!u!re!*srr:!rtf■�esrs!*1
1" 111owl-MM.
(3} Suspend athe nonservice-connected disability benefit paid to athe former geaeFal
employee until such recipient has fully complied with the obligations of this
section.
Sec. 16-233. Benefit level.
The Benefit levels-meis:
(1) For -genera emplayees, two (2) percent of average final compensation;_
i at,
LNLW.M
La M
NIPPON
..
..
(44 For employees who served in more than one (1) of the above -city's employment
classifications-3
Temp. Ord. No. 1873
08/24/99
Page 20
a. "eWH4ffi the amount of pension benefit shall be calculated by
multiplying the vesting credits earned in each employment classification
by the benefit level for that employment classification's pension plan.
Sec. 16-239. Preretirement death benefits for vested participants.
(a) Any participant, whether or not still in active employment, who has a
nonforfeitable (vested) right to any portion of the accrued benefit, and who dies prior to the
commencement of benefits, shall have a survivor benefit payable on his or her behalf. The
survivor benefit shall be payable to the participant's spouse unless, with the spouse's consent as
specified in section 16-241, a different beneficiary is designated by the participant. If the
deceased participant is not married at the time of his or her death, the survivor benefit shall be
paid to his or her designated beneficiary.
(b) The amount of the survivor benefit shall be equal to fifty (50) percent of the
actuarially equivalent single sum value of the participant's vested accrued benefit as of his or her
date of death or, if the equivalent single sum value of the amount the spouse or other beneficiary
could have received had the participant retired on the day of death and elected a one hundred
(100) percent joint and survivor annuity, whichever is greater. If this single sum amount is less
than five#�Wee thousand wed dollar's ($3,9QQ.005,000.00), it shall be paid in a lump sum
to the spouse or designated beneficiary, as the case may be, as soon as is practicable following
the participant's death. If the single sum amount exceeds fivethr-ee thousand €seed dollars
($�,500.095.000.00), the benefit shall be paid in the form of an immediate monthly survivor
annuity unless the beneficiary and the board agree to an alternative actuarially equivalent form of
benefit.
Sec. 16-241. Spousal consent.
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 or her designation of a beneficiary
other than his or her 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 eensent is not
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.
1
Temp. Ord. No. 1873
08/24/99
Page 21
SECTION 9: That Chapter 16, Article IA Firefighters, Article 11A Declaration of Trust,
Division IA Generally, Division 2A Board of Trustees, Division 3A Benefits, Contributions,
Article IIIA Pension Plan, Division lA Generally, Division 2A Administration, Division 3A
credited Service, Division 4A Benefits, be created to comply with Chapter 175 of the Florida
Statutes as amended by adding the underlined language as follows:
1A ARTICLE IA. FIREFIGHTERS
See. 16-2A ARTICLE IIA. DECLARATION OF TRUST
See. 16-3A DIVISION 1A. GENERALLY
Sees. 164A.-16-25A, Reserved.
Sec.16-26A. Definitions.
The following words terms and phrases, when used in this article shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Administrator means the board of trustees.
Beneficiary means a person designated by a participant or by the terms of the pension
plan created pursuant to this article, who is or may become entitled to a benefit thereunder.
Consultant means any person or entity who, for compensation, advises, represents or
provides other assistance to the trustees concerning the establishment or operation of the plan
and meets the requirements and definition of section 175.071(6) b .
Contributions means the payments _rewired of the city and those payments made by the
state for this fund or pqyments made b or on behalf of participants or their beneficiaries.
Custodian means one who is officially entrusted with guarding and keeping records
documents and assets of this trust fund.
Temp. Ord. No. 1873
08/24/99
Page 22
Declaration of trust means this article including all amendments and modifications as
ma from time to time be made.
Firefighter means any person employed by the cif who satisfies the definition_ of
firefighter in section 175.032(8). F. S.
Named fiduciary means the board of trustees.
Participant means any -pensioner or beneficiary receiving or entitled to receive benefits,
anerson with vested benefits and py em to ee who accrues or retains credited service in
accordance with theprovisions of the 121an established pursuant to this declaration of trust.
Pension i2lan or j2lan means the 121an, prograrn.method rules and procedures for the
avment of benefits from the trust fund which is l2art of this cha ter.
Trustees means the trustees designated in this declaration of trust together with their
successors. designed and anvointed in accordance with the terms of this declaration of trust.
Trust fund trust or and means the entire trust estate of the cit firefi liters' ension trust
fund as it ma from time to time be constituted including, but not limited to all funds received
in the form of contributions together with all contracts(including dividends interest refunds
and other sums payable to the trustees on account of such contracts all investments made and
held by the trustees all income increments earnings and l2rofits therefrom and an and all other
propertypropegy or funds received and held by the trustees by reason of their acceptance of this
declaration of trust.
Sec.16-27A. Creation; purpose.
The trust fund is created established and maintained and the trustees a ree to receive
hold and administer the plan, for the pu1pose of providing such benefits as now are or hereafter
ma be authorized or permitted by law for participants and their beneficiaries and in accordance
with the provisions set forth herein and in the Dension Dian.
Sec. 16-28A. Establishment of plan.
a The trustees and the city commission shall adopt a written pension plan in
accordance with state and municipal law wherein the trustees as named fiduciaries shall have
the authority to control and manage the operation and administration of the plan in accordance
with state and municipal law. Such plan shall provide for the pUrnent of such retirement ension
benefitspermanent disabilitY pension benefits death benefits and related benefits as are
required by law or feasible and shall include by wa of illustration and not limitation:
Temp. Ord. No. 1873
08/24/99
Page 23
(1) Conditions of eligibility for participants and beneficiaries;
(2) Standards for vesting of benefits;
(3) Schedule of the type and amount of benefits to be paid;
(4) A procedure for the payment of benefits in the form of a „qualified joint
and survivor annuity;
(5) Procedures for claiming benefits and for the distribution of benefits;
(6) A procedure for the separate accounting for the portion of each employee's
accrued benefit, if any, derived from employee contributions;
(7) Any_procedures for the allocation of authority for the operation and
administration of the plan;
(8) The basis on which payments are made from the plan.
Such pension plan shall at all times comply with Chapter 175 of the Florida Statutes and
all other applicable state and federal laws.
(b) The trustees shall agree by a majority vote, of their total members, to the plan,
which shall then be submitted, to the city commission for enactment as an ordinance. This plan
and any amendments thereto shall qualify under applicable provisions of the Internal Revenue
Code.
See. 16-29A. Amendment of plan.
The pension plan may be amended by the trustees at any time, provided that such
amendments comply with applicable sections of applicable Internal Revenue Code, Chapter 175
F. S. all other a licable law, and the pMoses as set forth in this declaration and are approved
by the city commission. Additionally, and not by LALay of limitation the trustees and the cit
commission may amend the pension plan in the future, or retroactively where they deem it
necessary, to maintain the continuation of the _trust fund's tax-exempt status or to _preserve
compliance with 012licable Internal Revenue Code Chapter 175 F. S. and all other gpl2licable
law. A copy of each amendment of the pension plan shall be adopted and filed by the trustees as
part of the records and minutes of the trust fund, and copies thereof shall be made available to
the participants and their beneficiaries requesting such.
Temp. Ord, No. 1873
08/24/99
Page 24
Sec. 16-30A. Controversies and disputes --Submission to trustees.,
All questions_ or controversies of whatever character arising in any manner or between
any persons or entities in connection with the trust fund or the operation thereof, which are
related to any claim for any benefit by any participant or any other person, shall, pursuant to
rules and re ulations ado ted by the trustees be submitted to the trustees and the decision of the
trustees shall be final and binding upon all persons dealing with the trust fund or plan, or
claiming benefits thereunder.
See.16-31A. Same --Settling.
The trustees may in their sole discretion compromise or settle any claim or controversy in
such manner as they think best and any majority decision made by the trustees in compromise or
settlement of, a„ claim or controversy, or any compromise or settlement entered into by the
trustees, shall be conclusive and binding on all parties involved in this trust, provided that all
such settlements are in accordance with the pension plan and all applicable state law.
Sec. 16-32A. Termination of trust --Conditions.
This trust agreement shall cease and terminate upon the happening of M one (1) or more
of the following events:
(1) If thetrustfund shall, in the opinion of the trustees, be inadequate to carry out the
intent and purpose of this trust agreement, or be inadequate to meet the payments due or
to become due under this agreement and under the plan of benefits to participants and
beneficiaries already drawing benefits;
2 If there are no individuals living who can qualify as participants or beneficiaries
hereunder;
(3)„-_„In the event of termination as may be otherwise provided by law.
Sec.16-33A. Same --Procedure.
In the event of termination, the trustees_ shall:
(1) Make provisions out of the trust fund for the payment of any and all obligations of
the trust, including expenses incurred up to the date of termination of the trust and the
expenses incidental to such termination;
Temp. Ord. No. 1873
08/24/99
Page 25
2 Arrange for a final audit and report of their transactions and accounts for the
purpose of termination of their trusteeship
File all notices or reports in connection therewith as maybe required by
applicable law; and
(4) Distribute_ the remaining assets in accordance with Sections 175.361 F„S., and
other a licable law
Sec. 16-34A. Applicabifily of state and federal law.
This trust is created and accepted in the state and all questions pertainingto the
or construction of this trust agreement and the acts and transactions of the arties hereto shall be
determined in accordance with the laws of the state, except as to matters governed by_ -federal
law.
Sec. 16-35A. „ Savings clause.
If any provision of this agreement and declaration of trust is held to be unlawful, or
unlawful as to an person or instance such fact shall not adversely affect the other provisions
herein contained or the application of the provisions to any other person or instance, unless such
�y p functioning of this fund.
illegality shall make impossible the ,
Sec.16-36A. Reserved.
Sec. 16-37A. Judicial settlements.
The trustees shall be entitled, at any time, to have a Judicial settlement of their accounts
a ,dicial „
and to seek judicial protection by any action or proceeding they determine necessM and further,
to obtain a judicial determination or declaratory judgment as to any questions relatingto o the
discharge of their duties and obligations under or in connection with the administration of this
trust and as to the distribution of assets belonging, to the trust. Any such determination, decision
or judgment shall be binding_upon all parties to, or claiming under, this trust agreement.
See. 16-38A. Withholding pgyment.
q _ p proper p p to whom any
I an� uesttons or disputes shall arise as to the ro er person or persons ,
a meats shall be made hereunder, the trustees mqy withhold such pqyment until there has been
made an adiudication of such auestion or dispute which, in the trustees' sole iudament. is
satisfactoly to them or until the trustees have been fully protected against loss by means of such
indemnification agreement or bond as they, in their sole judgment, determine to be adequate.
Temp. Ord. No. 1873
08/24/99
Page 26
Sec. 16-39A. Qualification of trust personnel.
No person shall serve as a trustee,_ administrative _manager, custodian, investment
manager or consultant to the trust fund or 121an or serve in any other capacity thereof whether as
an agent, officer or employee, unless such person is eligible for service in accordance with
applicable law.
Sec. 16-40A. Vesting of rights.
No participant, beneficiary or employee or other person shall have vested interest or right
in the trust fund except as provided by the pension plan and state law.
Sec. 16-41A. Amendment to declaration.
The provisions of this declaration may be amended at anv time by an instrument executed
by a majority vote of the total trustee membership and enacted as an ordinance by the city
commission;, provided,, however, in no event shall the trust fund be used for any purpose other
than the purposes set forth in this declaration, and for the purposes of paYin the necessary
expenses incurred in the administration of this trust.
Sec. 16-42A. Effective date.
This article and Declaration of Trust shall be in full force and effect as of October 1 1999.
Provided further that all participants who terminated employment with the city and had vested
benefits in the pension plan at the time of termination shall be governed by the ordinance or
ordinances in effect at the time of employment termination from the city.
Secs. 16-43A.-16-55A. Reserved.
DIVISION 2A. BOARD OF TRUSTEES
Sec.16-56A. Members.
a The 121an shall be administered by five 5 trustees as follows:
(1) Two trustees, unless otherwise prohibited by law, shall be legal residents
of the city, who shall be a ointed by the city commission.
11
Temp. Ord. No. 1873
08/24/99
Page 27
2 Two trustees shall be full-time firefighters as defined in section
175.032(8)(a), F. S., or retired firefighters, _receiyin benefits hereunder, —if no
active firefighter is willinia or available to serve as trustee, who shall be elected by
a majority of the active firefighters who are participants of the plan.
(3) One (1) trustee shall be selected by the other four trustees as provided for
herein, and shall be appointed, as a ministerial act, by the city_ commission_
(4) Each trustee may succeed himself or herself in office and may also serve
on other city boards including the Police Officer and/or the General Employee
pension plans.
(b) Appointed resident trustees shall serve terms of two (2) years, .unless sooner
replaced by the city commission at whose pleasure resident trustees shall serve.
c) Elected trustees shall serve terms of two (2) years, unless the trustee sooner leaves
firefighter employment of the city . The cit
clerk shall conduct the elections by secret ballot rior to the expiration
of a trustee's expiring term.
(d) The fifth member shall have the same rights as each of the other four. members
appointed or elected as herein provided, and shall serve a term of two (20_years.
(e) A vacancy shall occur whenever a trustee resigns, is removed by the city
commission, is no longer eligible. or qualified to serve as a trustee, dies_ or becomes incapacitated.
(1) A vacancy in the office of an appointed resident trustee shall be _filled by an
appointment by the city commission to serve a new two (2) year term.
(2) A vacanc, in the office of an elected trustee shall be filled by an election in the
same manner as an original trustee was elected to serve a new two _(2) year term.
(3) A vacancy in the office of the trustee selected by the other four trustees shall be
filled in the same manner as the original trustee was selected.
Sec. 16-57A. Resignation and removal.
A trustee may resign and become and remain fully discharged from all further duty or
responsibility hereunder Mon giving thirty- 30 day notice in writing to the remaining trustees
and, if a resident appointee, to the city commission or such shorter notice as the remaining
Temp. Ord. No. 1873
08/24/99
Page 28
trustees may accept as sufficient. The notice shall state the date on which such resignation shall
take effect, and said resignation shall take effect on the datespecified.
(1) The city commission may appoint a successor resident trustee at an earlier date, in
which event such resignation shall take effect immediately upon the appointment of such
successor trustee.
(2) The City Clerk shall conduct an election to replace an elected trustee within the
stated notice period.
Sec. 16-58A. Successor trustees; assumption of office.
Any successor trustee shall immediately upon appointment or election and acceptance of
the trusteeship become vested with all the property, rights,powers and duties of a trustee
hereunder with like effect as if originally named a trustee, without the necessity of any formal
conveyance or other instrument of title:
Sec. 16-59A. Acceptance of trust by trustees.
A trustee shall execute a written acceptance in a form satisfactory to the trustees. By
executin such written acceptance, a trustee shall be deemed to have accepted the trust created
and established by this declaration and to have consented to act as trustee and to have agreed to
administer the trust fund as provided herein. Such written acceptance shall be filed with the
secretga who shall noti the remaining trustees of the receipt of such acceptance.
Sec. 16-60A. Limitation of liabilily.
No successor trustee shall in any way be liable or responsible for anything done or
committed in the administration of the trust j2rior to the date of becoming a trustee. No trustee
shall be liable for the acts or omissions of another trustee to whom certain responsi�biliti; es,
obligations or duties have been delegated pursuant to this trust declaration, _nor shall any trustee
be liable for the acts or omissions of an investment manager, attomey, agent or assistant
employed by them12ursuant to this agreement, if such _person's performance was periodically
reviewed by the trustees who found such performance to be satisfactoDL
Sec. 16-61A. Location of office of the fund.
The principal offices of the trust fund shall be located and maintained in Broward
County, at Tamarac City Hall or at such other location as the trustees may determine.
Sec. 16-62A. Officers.
1
Temp. Ord. No. 1873
08/24/99
Page 29
The trustees shall elect from among themselves a chairperson and a secretary for a term
of one year, or until a successor has been elected. The secretary shall ensure „that minutes and
records of all meetings, proceedings and acts of the trustees are maintained and shall, with
reasonable promptness, send copies of such minutes and records to all trustees, and legal
counsel. Additionally, the secretary shall comply with all requirements of section 175.071(4) F.
_„_..
S. The chairperson, and in his or her absence the secretary,, shall preside at all meetings of the
trustees and shall be entitled to one 1 vote on all matters.
Sec. 16-63A. Power to act in case of vacancv.
In case of the death, resignation or refusal or inability to act of any (1) or more of the
trustees the remaining trustees shall have all the powers, rights, estates and interests of this trust
p there shall be no change in the
an shall e charged with its duties, provided that, m such cases,
quorum or voting requirements established in section 16-66A.
Sec. 16-64A. Meetings-, notices.
The trustees shall meet at least once each quarter and at such other times as „the"_„ deem it
necessary to transact their business. The chairman or the secretary of the board of trustees ma,
and upon the written request of any two (2) trustees shall, call a meeting of the trustees at any
time by ig ving at least five (5) days' notice in writing of the time and place thereof to the
remaining trustees. Notice of such meetings shall be posted or advertised to the public.
See.16-65A. Minutes.
Written minutes a copy of which shall be furnished with reasonable promptness to each
trustee and legal counsel, shall be kept of all business transacted and of all matters upon which
voting shall have occurred and the vote shall be recorded. Such minutes shall bear the signature
of the secretary and shall be approved at the succeeding meeting_
Sec. 16-66A. Quorum voting action without meeting_
(a) A quorum of the board of trustees shall be at least three (3) trustees.
(b) Any action taken by the trustees, except as herein otherwise provided, requires at
least three (3) vote. _ .
The trustees must cast their votes in person.
See.16-67A. Reserved.
Temp. Ord. No. 1873
08/24/99
Page 30
Sec. 16-68A. Conduct of trust business.
The trustees shall have sole and exclusive supervision of the operation of this trust fund
and shall conduct the business and activities of the trust fund in accordance with this trust
agreement- Chapter 175 F. S. and all other applicable law. The trustees shall hold manse and
protect the trust fund and collect the income therefrom and contributions thereto. _The trustees
may in the course of conducting the business of the trust execute all instruments in the name of
the city emwployees' pension trust fund.
Sec. 16-69A. Use of fund for expenses.
The trustees shall have the power and author it to use and gapply the trust fund to pay or
provide for the payment of all reasonable and necessary expenses of administering the affairs of
this trust, including the employment of such administrative, legal,pert and clerical assistance,
the purchase or lease of such materials, supplies and equipment and the performance of such
other acts as the trustees in their discretion find necessga or 2pprol2riate in the performance of
their duties.
Sec. 16-70A. Use of fund to provide benefits.
The trustees shall have the power and authority to use and apply the trust fund to pay or
provide for the pUment of retirement and related benefits to eligible participants and
beneficiaries in accordance with the terms, provisions and conditions of the pension plan.
e leiart,,,,,,....
Sec. 16-71 A. Investments.
!La) The trustees shall have the power and authority, in their sole discretion, to
establish investment procedures to invest and reinvest such funds as are not necessary for current
expenditures or liquid reserves as they_May from time to time determine. These investments
shall be in compliance with Section 175.071(1), F. S. The trustees may sell; exchange or
otherwise dispose of such investments at any time and, from time to time, as provided in section
16-76A. The trustees shall have the authority, in respect to any stocks, bonds or other property,
real or personal, held by them as trustees, to exercise all such rights, powers_ and privileges as
might be lawfully exercised by any person owning similar stocks, bonds or other property in
their own right.
b Delegation and allocation of investment functions.
1 The trustees are authorized in their discretion to allocate such duties and
responsibilities to invest and reinvest such fund assets as they shall specify in
such allocation to a committee or subcommittee of the board of trustees in
Temp. Ord. No. 1873
08/24/99
Page 31
accordance with section 16-74A; provided, however, that such action shall have
been a roved by a majority vote of the trustees as provided in section 16-66A.
(2) The trustees shall have the power and authority to retain one (1) or more
investment manager(s) who shall be responsible for the management, ac uisition
dis osition investing and reinvesting of such of the assets of the trust fund as the
trustees shall specify. The trustees upon written notice may terminate any such
retainer. The fees of such investment manager, and its expenses to the extent
permitted by law, shall be paid out of the trust fund. The trustees shall require that
the investment manager acknowledge in writing that it is a fiduciM with res ect
to the plan.
3 In connection with any allocation or delegation of investment functions
under Para rag, t�hs (1) and (2) of this subsection, the trustees shall, from time to
time, adopt appropriate investment policies or guidelines.
See. 16-72A. Deposits and disbursements.
All funds and securities of the trust fund shall be deposited by the trustees in such
depositoKy or depositories, as defined in section 280.02 12 F. S. as the trustees shall from time
to time select and an such deposit or deposits. or disbursement therefrom shall be made in the
name of the trust in the manner desi nated and authorized by the trustees a ointed in
accordance with section 16-71 A b 2 .
Sec. 16-73A. Allocation and delegation of noninvestment responsibilities.
The trustees ma by resolution bylaw or by provisions of this trust agreement, allocate
fiduciary responsibilities and various administrative duties to committees or subcommittees of
the board of trustees. Additionally, the trustees mgy. in their sole discretion retain such
independent professionals, technical or other advisers to assist the trustees in meeting their
fiduciM responsibilities. The trustees mLay delegate fiduciary responsibilities and duties to such
individuals or firms as the trustees ma deem a ro riate or necessM, and consistent with
section 175.071 7 F. S. and other state or federal law. All such costs associated with the
retaininy, of such professional, technical or other advisers shall be aid from the trust fund.
However, such action shall have been a roved by a majoritymajoriky vote of the trustees as provided in
section 16-66A. Such dele ations or allocations of responsibilities shall not relieve the board of
trustees of its responsibility for the sole and exclusive administration of the trust fund.
1
Temp. Ord. No. 1873
08/24/99
Page 32
See.16-74A. Committees.
Each committee or subcommittee shall consist of at least two (2) trustees. A quorum of a
committee shall be at least two L) trustees.
Sec. 16-75A. Bylaws rules and regulations.
(a) The trustees are hereby empowered and authorized to adopt bylaws and to
promulgate any and all necessary procedures, polite rules and regulations, which they deem
necessary or desirable to facilitate the proper administration of the trust fund; provided, that such
bylaws or rules and regulations are not inconsistent with Cha after 175 F. S. and the terms of this
trust agreement. The trustees are hereby empowered and authorized, in their sole discretion, to
construe and interpret this plan and any and all procedures, policies, rules and regulations_ so
adopted or promulgated. All bylaws or rules and regulations adopted by action of the trustees
shall be binding upon all parties hereto, all parties dealing with the trust fund and all persons
claiming any benefits hereunder.
(b) No bylaw, regulation, rule, action or determination made or adopted by the
trustees shall in any manner conflict or be inconsistent with any provision of this declaration or
with any applicable state or federal law.
Sec. 16-76A. Additional authorily.
The trustees are hereby empowered, in addition to such other powers as are _set forth
herein or conferred by state or federal law, to:
(1) Enter into any and all contracts and agreements for cMing_out the terms of this
declaration and for the administration of the trust fund, and to do all acts as they, in their
discretion, may deem necessary or advisable and such contracts and agreements and acts
shall be binding and conclusive on the parties hereto and on the participants involved;
(2) Keep property and securities registered in the name of the trustees or of the fund;
3 Establish and accumulate as part of the trust fund such reasonable reserve funds
as the trustees in their sole discretion deem necessM or desirable to cgM out the
purposes of the trust fund;
(4) Do all acts, whether or not expressly authorized herein, which the trustees may_
deem necessary or proper for the protection of the property held hereunder; and
1
Temp. Ord, No. 1873
08/24/99
Page 33
(5) Sell, exchange, lease, convey or dispose of any property, whether real or personal,
forming a part of the trust fund upon such terms as they may deem proper and to execute
and deliver at any time any and all instruments of conveyance, lease and transfer in
connection therewith.
Sec.16-77A. Bonds.
The trustees shall obtain from an authorized surety company such bonds as may be
required by state or federal law or desired by the trustees covering such persons and in such
amounts (but not less than required by law) as the trustees, in their discretion, may determine.
The cost of premiums for such bonds shall -be -paid out of the trust fund.
Sec. 16-78A. Insurance.
The trustees may. in their discretion. obtain and maintain policies of insurance. to the
extent permitted by law, to insure themselves, the trust fund as such, as well as employees or
agents of the trustees and of the trust fund, while engaged in business and related activities for
and on behalf of the trust fund:
1 With respect to liability to others as result of acts errors or omissions of such
trustee or trustees employees or agents, respectively; and
(2) With respect to injuries received or property damage suffered by them.
The cost of the premiums for such policies of insurance including waiver of recourse coverage,
shall be vaid out of the trust fund.
Sec. 16-79A. Information to participants and beneficiaries.
The trustees shall provide participants and beneficiaries such information as mqy be
required by state or federal law.
Sec. 16-80A. Accountants and actuaries.
The trustees shall retain one 1 or more independent qualified public accountants and
one (1) or more enrolled actuaries in compliance with section 175.071(7), F. S., to perform all
services as ma be re uired by applicable law and such other services as the trustees ma deem
necessary. The costs incurred under this section shall be paid out of the trust fund.
Temp. Ord. No. 1873
08/24/99
Page 34
Sec. 16-81A. Trustee reimbursement.
The trustees shall be entitled to reimbursement for the expenses properly and actually
incurred in the perfonnance of their duties with the trust fund and to a l2er diem allowance in
amounts established by the board of trustees. Such reimbursement shall include, without
limitation attendance at meetings and other functions of the board of trustees attendance at
institutes, seminars, conferences or workshops for or on behalf of the trust fund. The trustees
shall comply with section 112.061, F. S. or as may be _otherwise amended or renumbered, when
establishing entitlements to reimbursement for such expenses _and per diem allowances.
Sec.16-82A. Reports.
e board of trustees shall make reports to and file such information with appropriate
public authorities as may be required by section 175.261, F. S and other applicable state and
federal law.
Sec. 16-83A. Records of transactions.
The trustees shall keep true and accurate books of account and a record of all of their
transactions and meetings (including actions taken at such meetingsy informal action of the
trustees).._Such records and books shall be audited at least annually by a certified public
accountant. A copy of each audit report shall be available for inspection by interested persons at
the city hall at reasonable times and after reasonable notice.
Sec. 16-84A. Construction and determination by trustees.
Subject to the stated purposes of the fund, the provisions of this declaration, and Chapter
175 F. S. the trustees shall have full and exclusive authority to determine all questions of
coverage and eligibility, methods of providing or arranging for benefits and all other related
matters. They shall have full power to construe the provisions of this declaration,_ the terms used
herein and the bylaws and regulations issued thereunder. Any such determination and any such
construction adopted by the trustees in good faith shall be binding upon all of the parties hereto
and the beneficiaries hereof. No questions or disputes arising under this declaration shall be
subject to the grievance or arbitration procedure established in any collective bargaining
agreement between the city and any labor organization. Provided, however, that this clause shall
not affect the rights and liabilities of an of the parties under an of such collective bargaining
agreements.
1
Temp. Ord. No. 1873
08/24/99
Page 35
Sec. 16-85A. Liability in acting on documents.
The trustees, to the extent permitted by applicable state and federal law, shall incur no
liability in acting upon an, instrument, application, notice, request, signed letter, telegram or
other paper or document believed by them to be genuine, to contain a true statement of facts, and
to be signed by the proper person.
Sec. 16-86A. Reliance on written instruments.
(a) By trustees. Any trustee, to the extent permitted by the trustee's fiduciary
responsibility and by applicable state or federal law, may rely upon any instrument in writing as
conclusive evidence of the fact that a majority of the trustees have taken the action stated to have
been taken in such instrument. Where such instrument puTports to have been approved by a
majority vote of the trustees in accordance with section 16-66A and signed in accordance with
section 16-68A. In any controversy, claim, demand, suit at law or other proceeding between any
participant or any other person and the trustees, the trustees shall be entitled to rely_ upon any
facts appearinggppearing in the records of the trustees. The trustees shall also be entitled to rely upon an
facts appearing in any instruments on file with the trustees with the city, and any facts certified
to the trustees b the city and any facts which are of public record and an other evidence
pertinent to the issue involved.
b By others.
1 No party dealiniz with the trustees shall be obli ated to:
a. See the application to the stated trust purposes of any funds or
propertypropegy of the trust fund,•
b. See that the terms of this declaration have been complied with; or
C. Inquire into the necessity or expediency of any act of the trustees.
(2) Every instrument executed by the trustees shall be conclusive evidence in
favor of evea person relying thereon that:
a. At the time of execution of the instrument the trust was in full
force and effect,
b. The instrument was executed in accordance with the terms and
conditions of this declaration; and
Temp. Ord, No. 1.873
08/24/99
Page 36
C. The signing trustees were duly authorized and empowered to
execute the instrument.
(c) Reliance on counsel's opinion. The trustees may consult with legal counsel
conceming_Any question.,which m-2y arise with reference to the duties and powers, or with
reference to any other matter pertaining to this declaration or the trust hereby established. The
opinion of such counsel shall be full and corn fete authorization and protection in respect of an
action taken or suffered by the trustees hereunder in good faith in accordance with the opinion of
such counsel. The trustees shall not be liable therefor to the extent permitted by applicable law.
(d) Responsibilities imposed by state law. The provisions of this section shall not
relieve the trustees of any responsibilities or obligations imposed by Chapters 112, 175, or 286,
F. S., or other applicable laws.
Sec. 16-87A. Discharge of liability.
The receipt by the trustees of anv monev or propertv or checks (after such checks are
honored at the bank and paid to the trust fund) shall discharge the person or persons paving or
transferring the same to the extent of such payment or transfer.
Secs. 16-88A-16-100A. Reserved.
DIVISION 3A. BENEFITS. CONTRIBUTIONS
Sec. 16-101A. Contributions and collections —Employer contributions.
(a) The city and participants shall make prompt contributions or payments to the trust
fund in such amounts and under the terms as are provided for in this chapter and as required by
section 175.131, F. S., and other applicable state or federal law. Such contributions or payments
are absolute obligations to the trust fund. Such obligations shall not be subject to (by way of
illustration and not limitation) setoff _ ti or counterclaim which the city, or M participant may have
,',
for erroneous contributions to gLny other trust funds or for gny other liability of any employee,
the city, the trustees or another person.
(b) Contributions to the fund shall be paid to the trust fund or to such depository as
the trustees shall designate, only by check bank draft or money order, or its equivalent.
Sec. 16-102A. Same —Receipt of pgyment and other properly of trust.
The trustees or such other person or entity designated or appointed by the trustees_ in
accordance with section 16-72A are hereby designated as the persons to receive the pUments
Temp. Ord. No. 1873
08/24/99
Page 37
made to the trust fund by the cif and participants. The trustees are hereby vested with all right,
title and interest in and to such monies and all interest, which may be accrued thereon, and are
authorized to receive and be 12aid the same.
Sec. 16-103A. Same --Collection and enforcement of pgyments.
The trustees. or such committee of the trustees as the board of trustees shall appoint, shall
have the power to demand, collect and receive city and participant payments and all other money
and property to which the trustees may be entitled. The trustees or such committee of the
trustees shall hold such payment until the payments are applied to the purposes provided in this
trust agreement. They shall take such steps, including the institution and prosecution of, or the
intervention in such legal or administrative proceedings, as the trustees in their sole discretion
determined to be in the best interest of the trust fund for the purpose of collectingsch payments,
money and property.
Sec. 16-104A. Cily has no right, title or interest.
The city, any_participant or beneficiary shall not have any right, title or interest in or to
the trust fund or anypart thereof. Participants and beneficiaries shall have the right of vesting
under the pension plan and a pension or other benefit for which a participant or beneficiary is
entitled under the terms and conditions set forth in the pension 121an. There shall be no pro rata or
other distribution of any of the assets of the trust fund as a result of any group, of employees or
participants and their beneficiaries ceasing their participation in this trust fund for anypurpose,
except as required by state or federal law.
Sec. 16-105A. Limitation upon beneficial rights of employees.
All benefits shall be free from the interference and control of any creditor, and no
benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under
any legal, equitable or an other process.
Sec. 16-106A ARTICLE IIIA. FIREFIGHTER PENSION PLAN
Sec. 16-107A DIVISION 1A. GENERALLY
Secs. 16-108A - 16-125A. Reserved.
Temp. Ord. No. 1873
08/24/99
Page 38
See. 16-126A. Definitions.
The following words, terms and phrases, when used in this article. shall have the
meanings ascribed to them in this section except where the context clearly indicates a different
meaning:
Actuarial equivalence or actuarially equivalent means that any benefit payable under the
terms of this vlan in a form other than the standard form of benefit for participants shall have the
same actuarial present value on the date pUment commences as such standard form of benefit.
For the -purposes of establishing the actuarial present value of an form of pument, all future
payments shall be discounted for interest and mortality by using seven -percent interest and the
1983 Group Annuity Mortality Table, with ages set ahead five (5) years in the case of disability_
retirees.
Avera a anal compensation means one -twelfth of the average annual compensation,
defined as total cash remuneration paid for services rendered to the city, of the five S highest
ears of service prior to the employee's normal retirement date or prior to the employee's
voluntM discontinuance of participation -in the lan.
Board of trustees means the trustees designated in this cha ter and an successor trustees
selected as provided herein acting in a group as the administrator of this pension plan.
Covered employment means service for which an employee is obligated to pay
contributions to this pension plan.
Firefighter means any person employed by the city who satisfies the definition of
firefighter in section 175.032 $ F. S.
Married means a Participant who is married on the date of receil2t of ension benefits. A
participant shall also be considered married:
1 If the participant dies before receil2t of such benefits but the varticipant was
married on the date of the participant's death,• or
(2) To the extent provided under a qualified domestic relations order.
MaterniU or paterniU leave means a participant's absence from work by reason of:
1 The t)regnancy of the artici ant•
2 The birth of a child of the artici ant'
Temp. Ord. No. 1873
08/24/99
Page 39
3 The pLacement of a child with the participant in connection with the adoption of
such child by the participant, or
(4) The caring for such child by the participant for a_period beginning immediately
following such birth or placement.
Creditinja hours of leave: Solely for purposes of determining whether a break in service
has occurred and not for purposes of vesting or benefit accrual a artici ant who is absent from
work in covered employment due to matemity or paternity leave shall be credited with the hours
of service which otherwise would norinalIX have been credited to the artici ant but for such
absence not to exceed three 3 months' hours per plan year.
Crediting period: The hours of service absent from work due to maternity or paternitv
leave shall be credited solely for purposes of excusing a break in service:
1 Durin the plan year in which the absence began if the creditin of those hours is
necessa to revent a break in service in that plan year; or
2 In all other cases in the next following plan year.
Pension or pension benefit means an early retirement benefit a normal retirement benefit
or a disability retirement benefit.
Pension lan means the city Firefighters' pension Dlan.
Plan ear means the twelve-month period from October 1 to the following September 30,
Retirement or retired means the complete withdrawal of a pqqLcipant from any further
employment as an employee, paid consultant or independent contractor of the city.
Service means years and com leted months of continuous uninterru ted employment as a
full-time firefighter of the city:
U ) For the performance of duties;
(2)For reasons other than the performance of duties, includinyans, holidays,
temporM disability, illness duty, militM duty, administrative leave aid leave or
approved leave of absence;
3 As the result of back-payback-pqy being awarded or agreed to by the city (irres ective of
mitigation of damages).
Temp. Ord. No. 1873
08/24/99
Page 40
Non -covered em to ment: A person who is paid, or entitled to payment. by the city shall
also be credited with service for pUMoses of participation, vesting and breaks in service but not
for benefit oses based upon service in non -covered ern rodvithat
the person worked for the city in covered employment inunediatelv before or immediatelv after
the non -covered employment. and further provided that no resignation, discharge or retirement
occurred between the covered employment and the non -covered employment.
Determination of amount of service: The amount of service shall be ascertained from the
most accurate records available including records of hours work shifts,. -days or weeks for which
payment is made or owing, as reported to the board of trustees.
Crediting period: Service shall be credited for each year for which duties were mrformed.
or if no duties were perfonned then during the year for which the a ment relates.
Vested means a nonforfeitable right to a pension benefit under this pension plan.
Sec. 16-127A. Submission of claims notices and in uiries.
All claims for benefits elections for a s ecific form of benefit notices of reem to ment
notices of re -retirement verifications of retirement notices of mailin address notices of a De
and all other in uiries and matters concerning the pension plan shall be submitted to the board of
trustees addressed as follows:
Secretary
City of Tamarac Firefighters' Pension Plan
7525 N.W. 88th Avenue
Tamarac Florida 33321
Sec. 16-128A. Response to claims and inquiries.
All inquiries shall be answered rom tl . The final decision fora roval of benefits shall
be made by the board of trustees.
Sec. 16-129A. Denial of benefits.
If any claim for benefits is denied suspended or terminated in whole or in art then the
claimant shall be furnished with a notice of denial suspension or termination no later than thirty
30 da s after the final decision has been made. The notice shall be provided in writing. b
certified mail, and shall set forth:
Temp. Ord. No. 1873
08/24/99
Page 41
(1) The specific reasons for the denial, suspension or termination of benefits;
(2)The specific references to o pertmentprovisions o thepension plan „upon ,which
the action is based and a copy of the pension plan provisions shall be furnished with this
notice,
(3) A description of any additional material or information necessary for the claimant
to perfect the claim, along with an explanation of why Such material or information is
necessar •and
(4) An explanation of the claims review procedure.
Sec. 16-130A. Claim review procedure.
(a) Requests for review. If a claim for benefits is denied_ suspended or terminated, in
whole or in part, then the claimant may appeal to the board of trustees for a full and fair review.
In order to file an appeal, a written notice of appeal must be submitted within sixty (60)_ days
after the notice of denial, suspension or termination is received by the claimant (or such later
time as the board of trustees deems reasonable). The notice of appeal shall briefly describe the
grounds upon which the appeal is based and shall be signedy the claimant. The claimant shall
be allowed to review all pertinent documents during normal business hours, and shall be
permitted to submit comments and a statement of issues for consideration b the he beard of
trustees.W ^
(b) Representation. A claimant may designate an attorney or any other duly
authorized person to act as his or her representative at_any stage of the claims review procedure.
Any rights provided to the claimant during the claims review procedure shall automatically
extend to the representative designated_by the claimant. A designation of representative shall be
in writing, signed by the claimant and the representative, and submitted to the board of trustees.
c) Claims review board. The board of trustees shall rule on all appeals brought under this
section. A decision to grant or deny an appeal shall be based solely on the record before the
board of trustees unless the board of trustees determines in its sole discretion that a hearing is
necessary for the proper resolution of the appeal. The board of trustees shall decide, by majority_
vote, to grant or deny an appeal. The final decision shall be made by the board of trustees, in
writing and shall be made no later than sixty 60 da s after receipt of the notice of ap2eal,
unless special circumstances such as the need for a hearing) re uire an extension of time. In no
event, however, should the decision of the board of trustees be made later than one hundred
twenty (,120) dUs after receipt of the notice of appeal. If an appeal is denied, in whole or in part,
then the decision shall set forth the specific reasons for the action, with specific references to
those pension plan provisions upon which the decision is based. The claimant shall be promptly_
Temp. Ord. No. 1873
08/24/99
Page 42
provided with a copy of this decision. The decision of the board of trustees shall be final and
binding.
Sec. 16-131A. Exhaustion of claims review procedure.
No . action in law or in equity shall be brought to contest a denial, suspension or
termination of benefits, until the claimant has complied with the procedures provided in section
16-130A, unless the board of trustees fails to render a decision as provided in 16-130A(c). In no
case however, shall any action be brought unless instituted within one 1 year from the time the
claimant received the notice of denial, suspension or termination provided in section 16-129A.
Sec. 16-132A. Funding generally.
The plan shall be funded by contributions from participants, contributions from the city
and the, amount derived from the premium taxes provided in section 175.101 F. S. and other
income sources as authorized by applicable law. Monies received in accordance with. section
175.101, F. S., shall be used for firefighters only_
Sec. 16-133A. Participant contributions.
(a) All firefighter participants shall make regular contributions at the rate of five (5)
percent of total cash remuneration paid for services rendered to the city before April 1 1998 and
at the rate of eight and one-half (8-1/2) percent of total cash remuneration paid for services
rendered to the city on and after April 1, 1998, which shall be deposited in the fund each_pu
period. The city shall assume and pqy participant contributions for firefighter employees in lieu
of payroll deductions from participants' earnings. No participant shall have the option of
choosing to receive the contributed amounts directly instead of havingthem hem paid by the city
directly to the fund. All such contributions by the city shall be deemed and considered as a part
of the participant's accumulated contributions and subject to all provisions of this plan pertaining
to accumulated contributions of members. This city icku of contributions is the result of a
five -percent reduction of each participant's base pay and of base pay levels which occurred on
October 1, 1986, and an additional three and one-half (3-1/2) percent reduction of each
participant's base pqy and of base pM levels which occurred on April 1 1998. The city icku
of such employee contributions is intended to comply with section 414 h 2 of the Internal
Revenue Code.
(b) In addition to the foregoing, each firefighter participant, as of October 27, 1993,
and continuing through March 31, 1998, also made additional contributions_ of two and
seventy-four one hundredths (2.74) percent of the total cash remuneration paid for services
rendered to the city.
Temp. Ord. No. 1873
08/24/99
Page 43
(c) If a participant has not made contributions for any period of covered service
because the previous plan did not permit contributions or benefit credits for service after normal
retirement Me, the participant must 12U retroactive contributions for that period in order to
receive vestiniz credit for that period. Such retroactive contributions shall be made over a period
of time equal to the period of time for which contributions were not made unless the participant
selects a shorter period. All retroactive contributions due must be paid in full prior to retirement.
Sec. 16-134A. State contribu
The fund shall receive the premium taxes collected and disbursed by the state insurance
commissioner and treasurer_ pursuant to sections 175.101 and 175.121 F. S. Such monies shall
be deposited into the fund within five (5) days of receipt in accordance with section 175.131 F.
S., in lieu thereof the city may authorize the Division of Retirement (DOR) to remit such monies
directly to the board of trustees of the fund (section 175.121. F. S.)_
Sec. 16-135A. _City contributions.
The city, on behalf of participants who are city firefighters, shall contribute to the plan,
on at least a quarterly basis, an amount, which will be sufficient to meet the annual normal cost
of the plan for said participants. Such amount shall be sufficient to fund any.actuarial _deficiency
over a period of not more than thirty (30 ears. The city shall consider the contributions derived
from participants and the amount derived from 12remiurn taxes and other income sources as
authorized by law in determining said contribution.
Sec. 16-136A. Basis of payments from plan.
All benefits and expenses shall be paid in accordance with the provisions of this pension
plan and the trust a r� eement and consistent with state statutes and the Internal Revenue Code.
Sec. 16-137A. to Sec. 16-146A. Reserved
Sec.16-147A. Construction.
The terms and conditions of this pension plan shall be construed subject to the purposes
and provisions of the ordinance and declaration of trust establishing the plan, by the Board of
Trustees in their sole discretion subject to state law, the Internal Revenue Code and all other
applicable laws.
1
Temp. Ord. No. 1873
08/24/99
Page 44
Sec. 16-148A. Standards of proof.
The board of trustees shall be the sole judge of the standards of proof required in any
case. In the a lication and inte retation of this pension plan, the decisions of the board of
trustees shall be final and binding on the participants and beneficiaries the city, and all other
persons.
See._16-149A. Benefits not assignable.
(a) The right of any person to any payment under this pension plan shall not be
subject to assignment, alienation or voluntary or involuntary transfer, and, to the fullest extent
permitted by law shall not be subject to attachment, execution, garnishment, sequestration or
other legal or equitable process. If any person attempts to assign, transfer or dispose of such
right, or if an attempt is made to subiect such right to such process, such assignment, transfer or
disposition shall be null and void.
b Eligible rollover distributions:
(1) This subsection applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this subsection, a distributee may elect, at the
time and in the manner prescribed by the board of trustees to have any portion of
an eligible rollover distribution paid directly to an eligible retirement plan
specified by the distributee in a direct rollover_
(2) Definitions:
a. Eligible rollover distribution: An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit of the
distributee, except that an eligible rollover distribution does not include:
any distribution that is one (1) of a series of substantially equal periodic
payments (not less frequently than annually_) made for the _life _(or life
expectancy) of the distributee or the joint lives (or joint life expectancies)
of the distributee and the distributee's designated beneficim,�or for a
specified l2eriod of ten 10 ears or more,• an distribution to the extent
such distribution is required under section 401 a 9 of the Code,• and the
portion of any distribution that is not includable in gross income
(determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities),
1
Temp. Ord. No. 1873
08/24/99
Page 45
b. Eli ible retirement lan: An eligible retirement plan is an
individual retirement account described in section 408(a) of the Code, an
individual retirement annuity described in section„ 408(b) of the Code, an
annuity plan described in section 403(�;) of the Code or a qualifiedtrust
1(a) of the Code, that accepts the distribute
described in section 40 e'sT_
eligible rollover distribution. However, in the case of an eligible rollover
distribution to the surviving spouse, an eligible retirement plan is an
individual retirement account or individual retirement annuity.
C. Distributee: A distributee includes an employee or ,former
employee. In addition, the employee's, or former employee's surviving
spouse and the employee's or former employee's., spouse or former spouse
who is.. the alternate paLee under an income deduction order are
distributees with regard to the interest of the spouse or„former spouse.
d. Direct rollover. A direct rollover is a payment by the tan to the
eligible retirement plan specified by the distributee.
See.16-150A. Forfeitures.
Forfeitures and dividends shall not be used to increase the benefits that an artici ant
would otherwise receive under the pension plan.at any time prior to the termination of the
ension plan or the complete discontinuance of contributions to the pension 121an, but shall be
anticipated in determining the costs under the pension plan.
Sec.16-151A. Merger.
This pension -plan shall not merge or consolidate with anv other pension elan. nor transfer
env assets or liabilities to an, other plan unless each participant in this pension plan will
receive a benefit immediately after such merger, consolidation or transfer (if the pension plan
then terminated) which is at least a ual to the benefit the participant was entitled to immediate)
before such merger, consolidation or transfer (if the pension plan had terminated).
See. 16-152A. Termination of„pension _plan.
In the event of termination of the pension lap the board of trustees shall follow the
procedures contained in section 175.361 F. S. the Internal Revenue Code and all other
applicable laws.
1
Temp. Ord. No. 1873
08/24/99
Page 46
Sec. 16-153A. Incorporation by reference.
This pension plan is maintained for the exclusive purpose of providing benefits to
participants and beneficiaries and is intended to satisf all the requirements- of the state statutes
and the Internal Revenue Code. If any requirements of such laws have been omitted, they shall
be deemed to be incorporated herein by reference.
Sec. 16-154A. Amendment of pension plan.
This 12ensigUlan ma be amended at any time by majority vote of the board of trustees
as provided in 16-66A and the city commission prospectively or retroactively, provided that such
amendment complies with Cha ter 175 F. S. the Internal Revenue Code all other 012licable
laws, and the purposes as set forth in the ordinance and declaration of trust. Additionally,
not by way of limitation, the board of trustees may amend this pension plan when it is deemed
necessary to maintain its tax-exempt status, or to preserve compliance with the state statutes, the
Internal Revenue Code, and all other applicable laws. However, no amendment which reduces
the accrued benefits of M participant shall take effect.
Sec. 16-155A DIVISION 2A. ADMINISTRATION
Secs. 16-156A. - 16-170A. Reserved.
Sec. 16-171A. Board of trustees.
The board of trustees created in section 16-56A shall administer and control the operation
of this pension plan in accordance with the provisions of this pension plan, the declaration of
trust, this chapter, Chapter 175 F. S. and other applicable state law. The board of trustees, or any
other person to whom the board of trustees may allocate or delegate such authority, shall, from
time to time establish rules for the interpretation, application and administration of the pension
plan. In making any such determination or rule, the board of trustees shall pursue uniform
policies and shall not unreasonably discriminate in favor of or against, any_person .or group of
persons.
Sec. 16-172A. Claim for benefits.
al Advance claim reauired. In order to receive a benefit under thispension plan, a
claim for benefits must be submitted, in writing, and shall be made on a duly prescribed form
containiniz the information required in this section. A claim for benefits must be filed before an
benefits are payable. After.a participant dies, a claim far survivor benefits, if applicable., must be
filed within one (1) year of the death of the participant.
Temp. Ord. No. 1873
08/24/99
Page 47
(b)nformation required. All participants and beneficiaries shall furnish such
information as the board of trustees considers necessaKy or desirable for the purposes of
administering the plan. This shall include the expected date of retirement of the participant, the
marital status and proof of date of marriage of the participant, proof of Age of the participant and
any designated beneficiaries, and date and proof of death if a claim is filed for a survivor annuity
or a death benefit. If proof of age is not submitted as required, other information may be used, as
the board of trustees deems reliable. Any adjustment required by reason of lack of proof, or
misstatement of asze, shall be made in such a manner, as the board of trustees deems a uitable.
Benefits provided under this plan are conditioned upon the furnishing of such true and complete
information as may be needed. The board of trustees and an other persons involved in the
administration of the plan shall be entitled to ,rely„ upon any certification, statement or
representation_ made by a participant or beneficiary with respect to age, martial status death of
the participant, or other facts require to be determined under an of the provisions of the 12ension
plan, and the board of trustees shall not be liable on account of the payment of any monies or the
commission of anv act or failure to act. in reliance thereon.
Sec. 16-173A. Multiple claims,
Once the board of trustees has approved a claim for pension benefits, no her claims
for a pension benefit shall be permitted.
Sec. 16-174A. Notification of mailing address.
(a) All participants and beneficiaries shall file with the board of trustees, from time to
time, in writing, their mailing address and each change of address. Failure to submit such mailing
address may result in the payment of benefits being delayed.
b Any check representing a ment hereunder, and any communication addressed to
a participant, beneficiary or other person, at the last address on the records of the board of
trustees, shall be binding on such persons for all purposes of this pension plan.
(c) If the board of trustees is in doubt whether payments are being received by the
person entitled thereto, it may notify_ such person, by certified mail at the last known address,
that all Dqyments of benefits shall be withheld until the board of trustees is provided such
information as it deems necessary.
Sec. 16-175A. Benefits payable to minors and incompetents.
Ua Whenever any person entitled to payments under this pension plan_ is a minor,
under a legal disability or, in the sole judgment of the board of trustees, is otherwise unable to
Temp. Ord. No. 1873
08/24/99
Page 48
care for their affairs in their own best interest and advantage whether because of illness
accident incapacityincgpacity or other mental or physical condition the board of trustees mgy direct that
all or gny portion of such pqyments be made in any of the following was unless a claim has
been made by a legal guardian, tutor, conservator, committee or other duly appointed legal
representative, in which event payment shall be made to such representative):
1 To the spouse. child arent or other blood relative to be ex ended on behalf of
the person or on behalf of those dependents as to whom the person has the duty to
suport);
2 To a recognized charity or govemmental institution to be expended for the benefit
of the beneficia or for the benefit of those dependents as to whom the Derson has the
duty_to support); or
3 To such other persons, organizations or institutions as the board of trustees deems
a ro riate to provide for the care and benefit of the person or for the benefit of those
dependents as to whom the person has the duty to support).
b The decision of the board of trustees shall be final and bindinja upon all persons.
After such decision the board of trustees shall not be obliged to see to the propera lication or
expenditures of any, payments so made.
Sec. 16-176A DIVISION 3A. CREDITED SERVICE
Secs. 16-177A. - 16-190A. Reserved.
Sec. 16-191A. Participation.
La) A person shall become a participant on the first day of service. Each full-time
firefighter employee of the city shall be a participant in the 121an.
b A i2erson shall remain a participant until the earlier of:
1 Tenninatina service prior to earning a vested benefit and vrior to reachinja
normal retirement a
2 All benefits have been paid to the participant-, or
Q) The person dies.
Temp. Ord. No. 1873
08/24/99
Page 49
See. 16-192A. Vesting schedules.,
a Early retirement benefit. A participant shall have a one -hundred -percent 100%
vested right to an early retirement benefit upon earning ten 10 vesting credits.
(b) Normal retirement benefit. A participant shall have a one hundred percent vested
right to a normal retirement benefit upon:
(1) Earning five (5) vesting credits; -and
2 Reaching normal retirement age; or
(3) The termination or partial
p termination of this pension plan (to the extent
funded as of such date).
Sec. 16-193A. Vesting credits.
A participant shall earn one (1) vesting credit for each year of service. A participant mu
lose vesting credits as provided in section 16-196A et seq. The total number of vesting credits
earned and retained shall determine whether a participant has a vested right to a pension benefit.
Sec. lb_ 194A. Limitation on changes in vesting schedules.
No amendment shall reduce a participant's vested right to a normal retirement benefit at
the time such amendment is adopted or. if later. at the time such amendment is effective.
Sec. 16-195A. Vesting of benefits.
No participant, beneficiary or other person shall have any vested right to a pension
benefit unless the participant has met the requirements for vesting as provided in this division.
Sec. 16-196A. Breaks in service.
(a) A break in service shall occur when a participant is no longerployed by the
city as a full-time firefighter employee. However, no credits shall be lost except as provided in
section 16-197A.
(b) A break in service shall not occur if the participant is not employed due to the
participant:
E
Temp. Ord. No. 1873
08/24/99
Page 50
1 Enterin into the Armed Forces of the United States rovided the Person
returns to work in covered employment within the period of time provided
in the Uniformed Services Employment and Reemployment Rights Act
(USERRA),
(2) Becoming employed by the city in non -covered employment,
(3) Being absent from work due to maternity, ,or paternity leave as defined in
section 16-126A or due to unpaid leave of absence approved by the city-,
or
(4) Becoming temporarily totally disabled or receiving_a _disability_ benefit
from the plan.
(5) Terminating employment with the city and becomingre-employed by the
city within five (5) years of termination provided that the employee did
not receive a refund of the employee's accumulated contributions.
Sec. 16-197A. Loss of credits.
A uarticibant who is not vested shall lose all vestinp- credits earned to date if the
participant suffers a break in service before earningfve (5) vesting credits. However, a
participant will receive vesting credit for time spent in the military service of the Armed Forces
of the United States or the United States Merchant Marine while on official leave of absence
provided that the requirements of Section 175.032 (4) (d), F. S., have been met.
Sec. 16-198A. Refund of contributions.
A participant who is not vested and suffers a break in service shall receive a refund of the
participants' accumulated contributions 12lus interest at the rate of five percent 5%per annum.
A participant who is vested and suffers a break in service may elect to receiv_e_a refund of
the participant's accumulated contributions in lieu of any other benefits from this plan. If a
participant accepts such a refund of accumulated contributions plus interest, no other benefits
shall be due or payable from the plan to the participant.
Sec. 16-199A. Re-entry into .plan.
(a) A person who has been paid a refund of accumulated contributions and subsequently is
re-em to ed by the city and earns My vesting credits under the pension plan rngy repay to the
pension plan the accumulated contributions previously receivedplus interest on that amount at
Temp. Ord. No. 1873
08/24/99
Page 51
the actuarially assumed interest rate, compounded annually, or such other amount as prescribed
in section 411 (c) (2) ((d) of the Internal_ Revenue Code.
(b) Upon repayment of the refunded accumulated contribution, plus interest, the
participant shall be credited with all vesting credits previously lost and there shall be no
reduction in the value of any subsequent benefit by the value of the accumulated contributions
previously refunded.
(c) A participant who is vested and terminates employment ten_00) or more years
before early retirement ent age shall have the option to receive, in a singlep sum, the actuarial
, „
present nt value of the participant's vested benefit in full satisfaction of all benefits due to said
participant from the plan. Application for such a benefit must be made within forty-five (4Q
da s of the participant receiving a notice from the plan showing the value of such benefit and
must be accompanied by the consent of the participant's spouse. Upon receiving this benefit, the
participant shall lose all vesting credits, no longer be entitled to any further benefits from the
plan, and be regarded as a new employee should the participant thereafter be re-employed by the
city.
Sec. 16-200A DIVISION 4A. BENEFITS
Secs. 16-201A.-16-215A. Reserved.
Sec. 16-216A. Right to pension benefits.
A pension benefit shall be payable if the participant:
(1) Has a vested rightpension benefit;
2 Has reached the applicable retirement age;
(3) Has retired, -and
4 Has filed a claim for pension benefits.
Sec. 16-217A. Early retirement age.
The early retirement age shall be the first day of any. month on which or after a
participant has earned twenty-five 25 vesting credits or has earned ten 10 vesting credits and
attained fifty 50 ears of age.
Temp. Ord. No. 1873
08/24/99
Page 52
See. 16-218A. EarLy retirement benefit.
The early retirement benefit shall be the benefit level provided in section 16-233A et sec.
Actuarially reduced to take into account the participant is younger age and the earlier
commencement of retirement income benefits but in no event,_ shall_ the ,may retirement
reduction exceed three percent 3% each year or, for firefighter participants with twenty-five
(25) or more vesting credits, reduced by three percent (3%) for each year by which the
participant is younger than the normal retirement age for the participant on the effective date of
the early retirement.
See. 16-219A. Normal retirement age.
The normal retirement ajae shall be the first day of the month on after which the
participant attains five (5) vesting credits and fifty-five (55)years of age or attains fifty-two (52)
years of age with twenty-five (25) vesting credits.
See. 16-220A. Normal retirement benefit.
The normal retirement benefit shall be the benefit level provided in _section _16-233A_et
See. 16-221A. Forms of benefit payments.
A particij2ant who has a right to receive a pension benefit as provided in section 16-216A
shall automatically be paid the standard form of benefit payment, which is ten 10ears certain
and life unless a timely election is made to receive an optional form of benefit Dqyment.
See. 16-222A. Standard benefits.
The standard ension benefit shall be ten 10 ears certain and life.
See. 16-223A. Optional benefits.
Optional benefits are:
1 Single life annuity. Any participant mLay file an election to receive monthly
a meats for life.
(2) Any other actuarially equivalent benefit approved by the board of trustees or
provided by section 175.171 F. S. et seg.
Temp. Ord. No. 1873
08/24/99
Page 53
Sec. 16-224A. Election of optional benefits.
a Manner of electing optional benefits. Optional forms of benefit pqyments shall
only be puable if a timely election is made. Such election must be in writing. sijzned by the
participant, on a form provided by the board of trustees.
b Designation of beneficiary, Each DartiCiVant may, on a form provided for that
u ose signed and filed with the board of trustees designate a beneficiM or beneficiaries to
receive the benefit if any, which ma be a able in the event of the artici ant's death,• and each
designation mqy be revoked by such partiCiDant by signine and filing with the board of trustees a
new desi nation-of-beneficia form. A participant m!qy from time to time change their
designated beneficiga in such manner as provided in section 175.171 (1)(cl F. S.
c Failure to name beneficiary, beneficiary redeceases participant If a deceased
participant failed to name a beneficiaKy in the manner prescribed in subsection b or if the
beneficia1y or beneficiaries named by a deceased participant predeceased the participant, the
death benefit if any, which mgy be pgyable under the plan with res ect to such deceased
participant mgy be paid, in the discretion of the board of trustees either to:
1 The spouse or dependent children of the participant,• or
2 The dependent living parents of the participant; or
(3) The estate of the participant.
d Time limits. Any optional form of benefit pUment must be elected prior to
commencement of benefits from this pension i2lan and is subject to change as provided.in section
16-225A(b).
Sec. 16-225A. Revocation of election.
a An election of a standard or optional form of benefit a ment may be revoked at
any time before the first VUment of benefits from this pension plan. Such a revocation must be
in writing, signed by the participant.
121 After benefits have commenced a retired artici ant may change her or his
desi nation of joint annuitant or beneficia twice in the manner prescribed in section 175.333
F. S.
See.16-226A. Reserved
Temp. Ord. No. 1873
08/24/99
Page 54
See. 16-227A. Right to disability benefits.
(a) Service -connected. A service -connected disability benefit shall be_payable if a
participant has suffered a service -connected injury, illness disease or disability which
permanently and wholly prevents the participant from rendering useful and efficient service to
the city as a firefighter, and has filed a claim for disability benefits within ninety (90) days from
the termination of the participant's employment with the city.
(b) _Presumption. Any permanent disability, as described in paragraph a) above,
which is .the result of or caused by tuberculosis, hepatitis, meningococcal meningitis,
hypertension, cancer, hardening of the arteries or heart disease, shall be presumed to have been
incurred in the line of duty so as to be service- connected unless a physical examination„ of the
participant conducted upon initial hiring by the city revealed that such condition existed at that
time.
(c) Nonservice-connected. A nonservice-connected disability benefit shall be
payable if a participant:
(1) a. with two (2) but less than ten (10) vesting credits and has suffered
a nonservice- connected injury, illness, disease or disability which permanently_
incapacitates the participant, either mentally or physically, from regular and
continuous duty for the city or any other gainful full-time employment;
b. with ten (10) or more vesting .credits who has suffered a
eons.
ervice- connected iniury, illness, disease or disability and is wholly prevented
from renderiniz useful and efficient service as such;
(2) Has not reached normal or early retirement age;
(3) Has filed a claim for social security disability benefits and long-term
disability insurance benefits (if offered by the city);
4 Has filed a claim for disability benefits within ninety (90 da s from the
termination of the participant's employment with the city.
(dam p4 tion. A participant who is eligible for an early normal retirement benefit may,
at the participant's option, elect such benefit in lieu of a service -connected disability benefit..
Temp. Ord. No. 1873
08/24/99
Page 55
Sec. 16-228A. Amount of disability benefits.
a Service -connected. The monthly service -connected disability benefit shall be:
1 The jareater of the participant's accrued retirement benefit.
(2) __ 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 benefits actually eceived by the participant
from the cit 's long-term disability insurance benefit plan, social securit 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 (i) the benefit paid by the plan shall not exceed
seventy five (75) percent of the participant's average monthly salary at the time of
disability for firefighters, and (ii) the benefit paid by the plan to disabled
firefighter participants shall not, when combined with any disability benefits
actually received by such firefighterparticipant from the city's long-term
disability insurance benefit plan and worker's compensation(includingthose
hose
portions of lump sum payments that are in consideration for discharge of liability
for future wage loss or total disability benefits be less than folly -two 42percent
of the disabled firefighter's average monthly compensation at the time of
disability. Any reduction of the disability benefit provided herein on account of
workers' compensation benefits received shall be limited to the amount that the
total of the workers' compensation benefit plus the disability benefit payable
hereunder exceeds the maximum employee's average monthly compensation at
the time of the disability
3) Entitlement to a monthly service -connected disabilitv benefit shall
commence on the date of disability and be payable on the first day of the
following month and continue to be paid on the first day of each month thereafter
until the participant reaches normal retirement age, or should the participant die
before reachins normal retirement aae. for at least ten (10) vears, with the balance
ayable to the participant's benefici
4) Upon reachine normal retirement aae, the participant's benefit shall be
either a normal retirement benefit, with vesting_ credits for each year of
service -connected disability benefits and average annual compensation based
upon the base wage rates paid by the city Burin the period of the participant's
disability for the participant's last position and step, or the benefit amount
Temp. Ord. No. 1873
08/24/99
Page 56
provided by subsection (a)(1) or (2) above, whichever is greater, continuing as
provided by the retirement benefit option selected by the participant.
b Nonservice- connected two but less than ten vesting credits. The monthl
nonservice-connected disability benefit for participants with at least two (2) but less than ten (10)
vesting credits shall be:
_ ___ g y wage rate by
monthlydisability benefit e ua to the base wa , m,,,,-_,�.
the city _for the participant's last position and pay step at the time of disability
minus any disability income benefits actually received by theparticipantfrom the
city'.s long term disability insurance benefit plan and social security, provided that
the benefit paid bythe plan shall not exceed twenty 20percent of the
participant's average monthly salary at the time of disability..
(2) The monthly nonservice-connected disability benefit shall commence on
the date of disability and continue until the participant dies or reaches normal
retirement age_
3 Upon reaching normal retirement age, the artici ant's benefit shall be a
normal retirement benefit, with vesting credits only for each -year of service prior
to the date of disability, continuing as provided by the retirement benefit option
selected by the participant.
(c) Nonservice-connected. ten (10) or more vesting credits. The monthly
nonservice-connected disability benefit for VArticiRants with at least ten Q0 xgAt-i—ng credits shall
be:
(1) The greater of the participant's accrued retirement benefit.
2) A monthlv disability benefit eaual to the average monthlv compensation
paid by the city for the participant's last position and pay step at the time of
disabilitv minus anv disability income benefits actually received by the participant
from the city's long term disability insurance benefit plan and social security,
provided that the benefit paid by the plan shall not exceed thirty-five (35) percent
of the participant's average monthly_ compensation at the time of disability and
provided further that the benefit paid by the plan to disabled participant 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
discharged of liability for future wage loss or total disability benefits) shall not be
less than twenty-five (25) percent of the disabled firefighter's average monthly
compensation at the time of disability.
Temp. Ord. No. 1873
08/24/99
Page 57
(3) The monthly nonservice- connected disability,, benefit shall commence on
the date of disability and continue until the participant reaches normal retirement
age or if the participant dies before reaching normal retirement, age, for at least
ten (,10) ,years, with the balance payable to the participant's beneficiary,
(4) Upon reaching normal retirement age, the participant's benefit shall be
either a normal retirement benefit with vesting credits for each year of service
prior to the date of disability or the benefit amount provided by„subsection (c) (1)
or (21 above, whichever is greater, continuing as provided by the retirement
benefit option selected by the participant.
(d) Increase in benefits. A participant's monthly disability benefit under this plan
shall be increased if the monthly base wage rate paid by the city for the participant's last position
and Vgy step is increased while the participMt is receivin a disabilit benefit rovided that the
total disability benefit paid by the plan shall never exceed the applicable maximum limits set
forth above.
Sec. 11-229A. Determination of disabili .
a Initial determination. The board of trustees May consider reports of physicians,
and social security, workers' compensation and Veterans Administration disability_
determinations in determining whether a participant is disabled; however, such reports and
determinations shall not be binding upon the board. The board may also require the participant to
be examined, at the plan's expense, by physicians and other medical, vocational and
rehabilitation professionals selected by the board whose reports may be considered by, but shall
not be binding upon, the board in determining disability. The board shall determine eligibility for
disability benefits within sixty 60 da s after all required documentation and rel2orts have been
submitted to the board.
b) Continuinir review. The board may review the status of each disability benefit
recipient once each year. The board ma in its sole discretion require disability benefit
recipients, as a condition of continued payment of disability benefits, to subunit Physician's
reports, submit to examinations at the lan's expense, by physicians or other medical vocational
or rehabilitation professionals. Should a disability benefit recipient not submit such physician's
reports or to such requested examination the board of trustees mqy, after notice to the disability
benefit recipient, suspend the disability benefit paid to such participant until such recipient has
fully complied with the obligations of this section.
1
Temp. Ord. No. 1873
08/24/99
Page 58
See.16-229.5A. Subrogation.
(ateThe pennon plan has a right of_subrogation against any third -party tortfeasor or
_ p y o the extent that the pension plan
insurance carriers representing such third -party tortfeasor, t
becomes obligated to make any disability benefit payments to the participant as a result of
injuries caused by the third -party tortfeasor.
b A participant shall execute a subro ation a reement on a form provided by the
pension board or such other documents which may be necessary to document the pension plan's
subrogation rights. The participInt shall notif the pension board of anclaim or legal action
^y d shall notify the,pension board
asserted against any fart or insurance carrier or such injuries an
of the name and address of such party and any insurance carrier. The participant shall take no
action inconsistent with the requirements of this section, nor settle any claim without obtaining
the prior consent of the pension board.
(c) The pension Alan's subrogation rights shall not be subject to equitable distribution
or to any reduction for costs or attorneys' fees_ incurred by the participant in pursuit of his/her
claim a ainst athird-party tortfeasor or an insurance carrier. Further, the pensionIan's
subrogation rights shall not be subject to reduction regardless of whether the participant recovers
the full value of his/her claim against a third -party and/or any insurance carrier.
(d) In the event that the participant fails to execute a subrogation agreement, or
otherwise fails to comply with the terms of this section, then such shall be considered a breach of
this pension plan and disability pension benefits may be denied and/or discontinued_b,, the
pension board upon a uniform and nondiscriminatory basis.
Sec. 16-230A. Recovery from disability.
a) Recovery and reemplovment by city. If a service -connected disabilitv benefit
recipient recovers the board of trustees shall request the city to reinstate the participant to his/her
former position although the city is not required to do so, and if the participant resumes or
declines an offer of such emplovment with the city. the particil)ant's disability benefit will be
discontinued.
(b) Recovery from nonservice-connected disability and reemployment by another
employer. If a firefighter nonservice-connected disabilit reci Tent recovers so as to be able to
render useful and efficient service as a firefighter, the participant's disability benefit shall be
discontinued.
I
Temp. Ord. No. 1873
08/24/99
Page 59
(c) Vesting credit during disability. A recipient of aservice-connected disability
„
benefit who has recovered and returned to work shall receive full vesting credit for all the
time during which the participant received a disability benefit. A recipient of a
nonservice-connected disabilL benefit who has recovered shall not suffer a break in
service for the eriod of the disabilit • however in order to receive vesting credit for the
period of disability, the participant must be reinstated by the city and pay into the fund
the amount of employee contributions which would have been made during the disabilit
had the participant not been disabled lus interest as determined by the board.
Sec. 16-230.5A. Duly to cooperate and search for work; reduction in disabilily benefit.
Applicants for andT recipients of disability_ pensions must apply for social_ security
disability benefits, long-term disability insurance benefits and for service -connected disability,
workers' benefits. Applicants must provide the information necessary to support such claims to
the insuror or Social Security Administration, diligently pursue such claims_ and submit to
appropriate medical examinations requested by such insurors in connection with such claims.
Sec. 16-231A. Payment of benefits.
(al Frequency ofpayments. Pension benefits shall be paid monthly,
(b) Finuayment. The first payment shall begin on the earlier of:
(1) The first day of the month on which or after the participant meets the
requirements of section 16-216A.
(2) April 1 of the calendar year following the year in which the participant
attains the age of seventy and one-half (70-1/2), if he retired at an earlier Me.
(c) Last payment. The last payment shall be the month coincident with the death of
the participant (or survivor, if applicabletor later, depending on the form of benefit selected.
Sec. 16-232A. Calculation of benefit amount.
a A participant's monthly benefit level is the product of the vesting credits earned
multiplied by the monthly benefit level provided in section_16-233A.
(b) The actual benefit amount is determined by makingthe adjustment, if _any, for
early retirement or late retirement and for the form of benefit which the participant selects.
1
Temp. Ord. No. 1873
08/24/99
Page 60
(c) Cost o} livid adjustment benefit. In any given year in which the pension plan
shall recognize an actuarial gain from favorable actuarial experience, the pension plan rnM pay a
cost of living adjustment benefit to all participants receiving -a normal retirement benefit, in an
amount to be established by the board of trustees which shall not exceed two 2percent of the
current retirement benefits paid or payable to participants receiving a normal „retirement benefit
during that specific year, and the cost of which shall not exceed the amount of„the aforesaid
actuarial gain. Any benefit paid to participants as a cost of living adjustment benefit shall be paid
to participants only during_ that specific year, and maw -not be- paid to participants as an
accumulation to, or in conjunction with any other benefits due to participants during any prior or
subseguent annual period.
See. 16-233A. Benefit level.
Benefit levels for firefighter participants are:
(1) Three (3) percent of average final compensation for each of the first fifteen (15)
years of service, four (4) percent of average final. compensation for each of the
next ten (10)years immediately following the first fifteen (15)years of service,
and three (3) percent of average final compensation for each year of service
thereafter;
2 For firefighter employees who served in more than one 1 of the cit 's em to ee
classifications and vested in more than one (1) city pension plan:
a. Voluntarily, the amount of pension benefit shall be calculated by
multiplying the vesting credits earned in each classification by the benefit
level for that classification.
b. Involuntarily due to transfer to another classification due to physical or
mental disability, or the elimination, transfer or merger of the city's-police
or fire departments or the contracting out of the work 2erformed by an
department, the benefit level shall be calculated by multiplying~ the vesting
credits earned for all years of service by the benefit level for the original
retransfer classificationprovided that service as a firefighter, police
officer and general em to ee shall be accounted for separately and
benefits shall be paid accordingly from the gppropriate 2ensionplan.
See. 16-233.5A. Minimum benefit amount.
The minimum total benefits paid to any_participant and Lint survivor annuitant shall be at
least the amount of the participant's accumulated contributions. If after the death of the
Temp. Ord. No. 1873
08/24/99
Page 61
participant and survivor and the payment of all benefits due pursuant to this division, the
minimum benefit has not been paid, the balance shall be paid to the participant's designated
beneficiarLor, if there is no surviving beneficiary, the participant's estate.
Sec. 16-234A. Maximum benefit amount.
(a).. _A participant may not receive a pension benefit which exceeds the lesser of:
(1) One hundred (100) percent of the participant's average compensation for
the highest three (3) consecutive years as a participant in the pension -plan; or
(2) The maximum amount allowed under section 415 of the Internal Revenue
Code, which is incorporated herein by reference.
(b) This section shall not apply if:
1) The participant's annual benefit under this pension plan and all other
defined benefit plans of the participant's employer does not exceed ten thousand
dollars ($10,000.00).
(2) The participant does not participate in a defined contribution plan
maintained by the employers and
(3) The participant has earned ten (10) vesting credits.
Sec. 16-235A. Suspension of benefits.
a The pqyment of pension benefits shall be suspended for each month a participant
works as an employee, consultant or independent contractor of the city.
b The board of trustees ma uniformly waive the provisions of this section for such
periods of time, as it deems appropriate.
Sec. 16-23,6A,. Notice of reemployment and re -retirement.
a Retired participants must notif the board of trustees upon returning to an t e
of work for the city within thirty (30) days after starting work. Notice of reemployment shall be
given on a form provided by the board of trustees.
1
Temp. Ord. No. 1873
08/24/99
Page 62
b A participant must notify the board of trustees upon re -retirement if the
participant returns to work for the city after having a claim filed for pension benefits. Notice of
re -retirement shall be given on a form provided by the board of trustees. Pension benefits shall
be suspended until notice of re -retirement is jaiven.
Sec. 16-237A.Advance_ determination of prohibited work.
A participant may request, in writing and on a form provided by the board of trustees, an
advance determination whether certain work :for the city is prohibited under this pension plan. A
written determination shall be Given to the participant within sixty (60) days of the request,
unless special circumstances (such as a hearing) require additional time, not to exceed one
hundred twenty (120) days from receipt of the request.
Sec. 16-238A. Resumption of benefits.
(a) Benefit payments shall resume effective by the first day of the month after receipt
of the notice of re -retirement or verification of retirement from the participant.
(W ,,_„The board of trustees, may deduct twenty-five (25) percent of each month's benefit
payment for. benefits previously made which should have been suspended. The first three (3)
months are subject to offset without limitation. The board of trustees shall noti the 12articipant
of the amount subject to offset, the manner of offset, and the months of work involved.
See. 16-239A. Pre -retirement death benefits for vested participants.
a Any participant,whether or not still in active emj2loyment, who has a
nonforfeitable (vested) right to any portion of the accrued benefit, and who dies prior to the
commencement of benefits, shall have a survivor benefit payable on the participant's behalf.
The survivor benefit shall be payable to the participant's spouse unless, with the spouse's consent
as specified in section 16-241 A, a different beneficiary is designated by the participant. If the
deceased participant is not married at the time of death the survivor benefit shall be paid to the
participant's designated beneficiary
b) The amount of the survivor benefit shall be eaual to fiftv (50) percent of the
actuarially equivalent single sum value of the.participant's vested accrued benefit as of
the date of death or, of the e uivalent single sum value of the amount the spouse or other
beneficiM could have received had the participant retired on the day of death and elected
a one hundred 100 ercent joint and survivor annuity, whichever is greater. If this single
sum amount is less than five thousand dollar's S 000.00 it shall be j2aid in a lump sum
to the spouse or designated beneficiary, as the case may be, as soon as is practicable
following the participant's death. If the sin le sum amount exceeds five thousand dollars
Temp. Ord. No. 1873
08/24/99
Page 63
($5,000.00), the benefit shall be paid in the form of an immediate monthly survivor
annuity unless the beneficiary and the board agree to an alternative actuarially equivalent
form of benefit.
See. 16-240A. No death benefit following commencement of benefits except per
options.
No death benefit shall be payable on behalf of any participant who dies following
commencement of retirement benef
its except that which is payable by reason of selection of a
benefit form prior to retirement under which a death benefit is payable. Disability benefits are
not considered retirement benefits.
Sec. 16-241A. Spousal consent.
With respect to death benefits provided in this article, at any time »rior to the date of
death, a participant may file with the board of trustees his/her designation of a beneficiary other
than his/her spouse. Any such filing with the board shall not require evidence of spousal
consent_
Sec. 16-242A. Involuntary lump sum distributions.
If monthly retirement income payable to any participant or beneficiary is less than one
hundred dollars ($100.00) or if the singlepresent value of a benefit is five thousand dollars
($5,000.00) and the Vgyment of such benefit has not begun, the board of trustees may, in its sole
discretion, pay the actuarial equivalent of such benefit in a lump sum, or in monthly installments,
without the consent of the participant or the participant's spouse.
Secs. 16-243A. - 16-260A. Reserved.
SECTION 8: That Chapter 16, Article IB Police Officers, Article IIB Declaration of
Trust, Division 1B Generally, Division 2B Board of Trustees, Division 3B Benefits,
Contributions, Article IIIB Pension Plan, Division 1B Generally, Division 2B Administration,
Division 3B Credited Service, Division 4B Benefits, be created to comply with Chapter 185 of
the Florida Statutes as amended by adding the underlined language as follows:
r�
Temp. Ord. No. 1873
08/24/99
Page 64
Sec. 16-1B ARTICLE IB. POLICE OFFICERS
Sec. 16-2B ARTICLE II B. DECLARATION OF TRUST
Sec. 16-3B DIVISION 1B. GENERALLY
Secs. 164B.—16-25B. Reserved.
Sec.16-26B. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearlyindicatesa different
meaning:
Administrator means the board of trustees.
Beneficiary means a person designated by a participant or by the terms of the pension
plan created pursuant to this article, who is or may become entitled to a benefit thereunder.
BSO as used herein shall mean the Sheriff of Broward Count Florida.
Consultant means any person or entity who, for compensation, advises, represents or
provides„ other assistance to the trustees concerning the establishment, or operation of the plan
and meets the requirements and definition of section 185.06(5) (b).
Contributions means the payments required of the city and the Sheriff of Broward
County and those payments made by the state for this fund, or payments made by or on behalf of
participants or their beneficiaries_
Custodian means one who is officially entrusted with guarding and keeping records
documents and assets of this trust fund.
Declaration OL trust means this article including all amendments and modifications as
may from time to time be made.
Named fiduciary means the board of trustees.
Participant means an ensioner or benefici receivingor entitled to receive benefits
any person with vested benefits, and any employee who accrues or retains credited service,_in
accordance with the provisions of the plan established pursuant to this declaration of trust.
Temp. Ord. No. 1873
08/24/99
Page 65
Pension plan or plan means the plan, program, method- rules and procedures for the
payment of benefits from the trust fund, which is part of this chapter.
R employed e city or any person employed by_„BSO
Police o zcer means any person em la ed by the ,
an July_ 1, 1989 who, on June 30, 1989, was employed by the city and was, on that date, a
participant in this plan who satisfies the definition of police officer in section 185;0201), F. S., or
is a sworn deputy sheriff of froward County,. Florida.
Trustees means the trustees designated in this declaration of trust together with their
successors .designed and appointed in accordance with the terms of this declaration of trust.
Trust fund. trust or fund means the entire trust estate of the city police officers' pension
trust fund as it may from time to time be constituted, including, but not limited to. all funds
received in the form of contributions, together with all contracts (including dividends, interest,
refunds and other sums payable to the trustees on account of such contracts), all investments
made and held by the trustees, all income, increments, earningsprofits therefrom, and any
and all otherXropeqX or funds received and held by the trustees by reason of their acceptance of
this declaration of trust.
See. 16-27B. Creation; purpose.
The trust fund is created, established and maintained, and the trustees agree to receive,
hold and administer the plan, for the purpose of providing such benefits as now are or hereafter
may be authorized or permitted by law for participants and their beneficiaries and in accordance
with the provisions set forth herein and in the_pension plan. ^
Sec. 16-28B. Establishment of plan.
(a) The trustees and the city commission shall adopt a written pension plan in
accordance with state and municipal law wherein the trustees as named fiduciaries shall have
the authority to control and manage the operation and administration of the plan in accordance
with state and municipal law. Such plan shall provide for the payment of such retirement pension
benefits ermanent disability pension benefits death benefits and related benefits as are
required by law or feasible and shall include by wU of illustration and not limitation:
(1) Conditions of eligibility for participants and beneficiaries,
(2) Standards for vesting of benefits;
(3) Schedule of the type and amount of benefits to be paid,
Temp. Ord. No. 1873
08/24/99
Page 66
(4) A procedure for the payment of benefits in the form of a qualified joint
and survivor annuity:
5 Procedures for claiming benefits and for the distribution of benefits,•
(6) A procedure for the separate accounting for the portion of each employee's
accrued benefit, if any derived from employee contributions;
(7) Any procedures for the allocation of authority for the operation and
administration of the plan;
(8) The basis on which payments are made from the plan. Such pension plan
shall at all times comply with all applicable laws.
(b) The trustees shall agree by a majority vote of their total number to the plan, which
shall then be submitted, to the city commission for enactment as an ordinance. This plan and any_
amendments thereto shall qualify under applicable provisions of the Internal Revenue Code.
See. 16-29B. Amendment of plan.
The pension plan may be amended by the trustees at any time, provided that such
amendments comply with the applicable sections of the then U12licable Internal Revenue Code
Cha ter 185 F. S. all other applicable law, and the purposes as set forth in this declaration and
are approved by the city commission. Additional, and not by way of limitation, the trustees and
the city commission ma amend the pension plan in the future or retroactively where they deem
it necessary, to maintain the continuation of the trust fund's tax-exempt status or to preserve
compliance with the then applicable Internal Revenue Code, Chapter 185 F. S. and all other
applicable law. A copy of each amendment of the pension 121an shall be adopted and filed by the
trustees as part of the records and minutes of the trust fund, and copies thereof shall be made
available to the 'Participants and their beneficiaries requesting such.
See. 16-30B. Controversies and disputes --Submission to trustees.
All auestions or controversies of whatever character arising in any manner or between
any persons or entities in connection with the trust fund or the operation thereof, which are
related to any claim for any benefit by participant or any other person, shall, pursuant to
rules and regulations adopted by the trustees be submitted to the trustees and the decision of the
trustees shall be final and binding upon all persons dealing with the trust fund or plan, or
claiming benefits thereunder.
Temp. Ord. No. 1873
O8/24/99
Page 67
Sec.16-31B. Same --Settling.
The trustees ma in their sole discretion compromise or settle any claim or controversy in
such manner as they think best, and any majority decision made by the trustees in compromise or
settlement of a claim or controversy, or any compromise or settlement entered into by the
trustees, shall be conclusive and binding on all parties involved in this trust,provided_that all
such settlements are in accordance with the pension plan and all applicable state law.
Sec. 16-32B. Termination of trust --Conditions.
This trust agreement shall cease and terminate upon the happening of any one (1) or more
of the following events:
1) If the trust fund shall, in the opinion of the trustees, be inadequate to carry out the
intent and pMose of this trust agreement, or be inadequate to meet the puments due or
to become due under this agreement and under the plan of benefits to participants and
beneficiaries already drawing benefits;
(2) If there are no individuals living who can qualify as participants or beneficiaries
hereunder;
3 In the event of termination as mqy be otherwise provided by law.
See.16-33B. Same --Procedure.
In the event of termination the trustees shall:
(1) Make provisions out of the trust fund for the payment of any and all obligations of
the trust including expenses incurred up to the date of termination of the trust and the
expenses incidental to such termination;
2 Arrange for a final audit and report of their transactions and accounts for the
purpose of termination of their trusteeship,
(3) File all notices or reports in connection therewith as may be required by_
applicable law,• and
(4) Distribute the remaining assets in accordance with Section 185.37, F._S., and
other applicable law
Temp. Ord. No, 1873
08/24/99
Page 68
Sec. 16-34B. ApplicaUfty of state and federal law.
This trust is created and accepted in the state and all questions pertaining to the validity
or construction of this trust agreement and the acts and transactions of the parties hereto shall be
determined in accordance with the laws of the state, except as to matters governed by federal
law.
Sec. 16-35B. Savings clause.
If any provision of this agreement and declaration of trust is held to be unlawful, or
unlawful as to any person or instance such fact shall not adversely affect the other provisions
herein contained or the application of the provisions to any other person or instance, unless such
illegality shall make impossible the functioning of this fund.
See.16-36B. Reserved.
Sec. 16-37B, Judicial settlements.
The trustees shall be entitled, at any time, to have a judicial settlement of their accounts
and to seek judicial protection by any action or proceeding they determinenecessga and, further,
to obtain a judicial determination or declaratoKy judgment as to any questions relating to the
discharge of their duties and obligations under, or in connection with the administration of, this
trust and as to the distribution of assets belonging to the trust. Any such determination, decision
or judgment shall be binding upon all parties to, or claimingunderythis trust agreement_
Sec. 16-38B. Withholding payment.
If anquestions or disputes shall arise as to the proper person or persons to whom an
payments shall be made hereunder, the trustees may withhold such_12gyment until there has been
made an adjudication of such question or dispute which in the trustees' sole judgment, is
satisfactory to them, or until the trustees have been fully protected against loss by means of such
indemnification agreement or bond as they, in their sole judgment, determine to be adequate.
Sec. 16-39B. Qualification of trust personnel.
No erson shall serve as a trustee administrative manager, custodianinvestment
manager or consultant to the trust fund or plan or serve in any other capacityc2pacity thereof whether as
an agent, officer or employee, unless such person is eligible for service in accordance with
applicable law.
Temp. Ord. No. 1873
08/24/99
Page 69
Sec. 16-40B. Vesting of rights.
No participant, beneficiary or employee or other person shall „have vested interest or right
in the trust fund except as provided by the pension plan and state law.
Sec. 16-41B. Amendment to declaration.
The provisions of this declaration may be amended at any time by instrument executed
by a majority vote of the trustees and enacted as an ordinance by the -cily commissionprovided,
however, in no event shall the trust fund be used for any purpose other than the purposes set
forth in this declaration, and for the purposes of paving the necessary expenses incurred in the
administration of this trust.
Sec. 16-42. Effective date.
This article and Declaration of Trust shall be in full force and effect as of October 1, 1999.
Provided further that all participants who terminated employment with the city and had vested
benefits in the pension plan at the time of termination shall be governed by the ordinance or
ordinances in effect at the time of employment termination from the city.
Sec. 16-43B DIVISION 2B. BOARD OF TRUSTEES'
Secs. 16-44B.---16-55B. Reserved.
Sec.16-56B. Members.
a The plan shall be administered by five 5 trustees as follows:
(1) Two trustees shall be legal residents of the city, who shall be appointed by
the city commission.
(2) Two trustees shall be full-time Police Officers, as defined in section
185.02 11 F. S. or retired Police Officers receiving benefits hereunder if no
active Police Officer is williniz or available to serve as trustee who shall be
elected by a majority of the active police officers who are particij2ants of the plan.
3 One 1 trustee shall be selected by the other four trustees as provided for
herein and shall be a ointed as a ministerial act by the city commission.
1
Temp. Ord. No. 1873
08/24/99
Page 70
(4) Each trustee may succeed himself or herself in office and mu also serve
on other city boards including the Firefighter and/or the General Employee
pension plans.
(b) Appointed resident trustees shall serve terms of two (2) years, unless sooner
replaced by the city commission_ at whose pleasure resident trustees shall serve.
(c)_ _ Elected trustees shall serve terms of two (2) years, unless the trustee sooner leaves
police officer employment of BSO or the city, eammeneifiejURS1 ' Af thol _ -Iear- 44 044ig'
e4wW. The city clerk shall conduct the elections by secret ballot rior
to the expiration of a trustee's expiring term.
(d) The fifth member shall have the same rights as each of the other four members
appointed or elected as herein provided, and shall serve a term of two (2) years.
(e) A vacancy shall occur whenever a trustee resigns, is removed by the city
commission is no longer eligible or qualified to serve as a trustee dies or becomes incapacitated_
(1) A vacancy in the office of an appointed resident trustee shall be filled by an
appointment by the city commission to serve a new two (2) year term.
(2) A vacancy intheoffice of an elected trustee shall be filled by an election in the
same manner as an original trustee was elected to serve a new two (2) year term.
(3) A vacancy in the office of the trustee selected by the other four trustees shall be
filled in the same manner as the original trustee was selected.
See. 16-57B. Resignation and removal.
A trustee may resign and become and remain fullv discharged from all further dutv or
responsibility hereunder upon giving thirty- (30) day notice in writing, to the remaining trustees
and, if a resident appointee, to the city commission or such shorter notice as the remaining
trustees may accept as sufficient. The notice shall state the date on which such resignation_ shall
take effect; and said resignation shall take effect on the datespecified.
1 The city commission mqy a oint a successor resident trustee at an earlier date in
which event such resignation shall take effect immediately upon the appointment of such
successor trustee.
2 The City Clerk shall conduct an election to replace an elected trustee within the
stated notice period.
Temp. Ord. No. 1873
08/24/99
Page 71
Sec. 16-58B. Successor trustees; assumption of office.
Any successor trustee shall immediately upon appointment or election and acceptance of
the trusteeship become vested with all _ the property, rights, powers and „duties of a trustee
hereunder with like effect as if originally named a trustee without the necessity of gny formal
conveyance or other instrument of title.
Sec. 16-59B. Acceptance of trust by trustees.
A trustee shall execute a written acceptance in a form satisfactory to the trustees. By
executingsuch acceptance, a trustee shall be deemed to have accepted the trust created
and established by this declaration and to have consented to act as trustee and to have „agreed to
administer the trust fund as provided herein. Such written acceptance shall be filed with the
secretga who shall notify the remaining trustees of the receipt of such acceptance.
Sec. 16-60B. Limitation of liability.
No successor trustee shall in any way be liable or responsible for anythingdone or
committed in the administration of the trust prior to the date of becoming a trustee. No trustee
,.._..._
shall be liable_ for the acts or omissions of another trustee to whom certain responsibilities,
obligations or duties have been dele ated ursuant to this trust declaration nor shall anX trustee
be liable for the acts or omissions of any investment manager, attorney, „agent or assistant
__ _ a employed by them. pursuant to this agreement, if such persons performance was periodically
reviewed by the trustees who found such performance to be satisfactory.
Sec. 16-61B. Location of office of the fund.
The principal offices of the trust fund shall be located and maintained in Broward
County, at Tamarac City Hall, or at such other locations in *�m fl of T—Ara rag. as the trustees
may_ determine.
Sec. 16-62B. Officers.
The trustees shall elect from among themselves a chairman and a secretary for a term of
one (1) year, or until his or their successors have been elected. The secretary shall ensure that
minutes and records of all meetings, proceedings and acts of the trustees are maintained and
shall, with reasonable promptness, send copies of such minutes and records to all trustees, and
legal counsel. Additionally, the secretary shall comply with all requirements of section
185.06(3) F. S. The chairmanand in his absence the vice -chairman.,. -shall preside at all meetings
of the trustees and shall be entitled to one (1) vote on all matters.
Temp. Ord, No. 1873
08/24/99
Page 72
Sec. 16-63B. Power to act in case of
In case of the death, resignation or refusal or inability to act of any one (1) or more of the
trustees the remaining trustees shall have all the powers, rights, estates and interests of this trust
and shall be charged with its duties, provided that, in such cases there shall be no change „in the
quorum or voting requirements established in section 16-66B.
Sec. 16-64B. Meetings; notices.
The trustees shall meet at least once each quarter and at such other times as they deem it
necessary to transact their business. The chairman or the secretary of the board of trustees may,
and upon the written request of any two (2) trustees shall, call a_meetingof the trustees at any
time by giving at least five Ca days' notice in writingof time and place thereof to the
remaining trustees. Notice of such meetings shall be posted or advertised to the public.
See.16-65B. Minutes.
Written minutes, a copy„ of which shall be furnished with reasonable promptness to each
trustee and legal counsel, shall_ be kept of all
1 business transacted and of all matters upon which
voting shall have occurred and the vote shall be recorded. Such minutes shall bear the sip -nature
of the secretary and shall be approved at the succeeding meeting
Sec. 16-66B. Quorum voting action without meeting.
(a) A quorum of the board of trustees shall be at least Three (3) trustees.
(b) Any action taken by the trustees, except as herein otherwise provided,
re uires at least three 3 votes.
The trustees must cast their votes in person.
Sec.16-67B. Reserved.
Sec. 16-68B. Conduct of trust business.
The trustees shall have sole and exclusive supervision of the operation of this trust fund
and shall conduct the business and activities of the trust fund in accordance with this trust
agreement, Chapter 185 F.S. as amended and all other applicable law. The trustees shall hold,
manage and protect the trust fund and collect the income therefrom and contributions thereto.
The trustees may in the course of conducting the business of the trust execute all instruments in
the name of the city employees' pension trust fund.
Temp. Ord. No. 1873
08/24/99
Page 73
ec. 16-69B. Use of fund for expenses.
The trustees shall have the power and authority to use and apply the trust „fund to pay or
provide for the payment of all reasonable and necessary expenses of administering the affairs of
this trust, including the employment of such administrative, legal, expert and clerical assistance,
the purchase or lease of such materials su lies and a ui ment and the performance of such
other acts as the trustees in their discretion find necessary or„appropriate in the performance of
their duties.
Sec._16-70B. Use of fund to provide benefits.
The trustees shall have the power and authority to use and apply the trust fund to pay or
provide for the payment of retirement and related benefits to eligible participants and
beneficiaries in accordance with the terms, provisions and conditions of the pension plan.
Sec. 16-71 B. Investments.
(a) The trustees shall have the power and authority, in their sole discretion, to
establish investment procedures to invest and reinvest such funds as are not necessary for current
expenditures or liquid reserves as the ma from time to time determine. These investments
shall be in com liance with Section 185.06 1 b F. S. The trustees ma sell,• exchange or
otherwise dispose of such investments at any time and, from time to time, as provided in section
16-76B. The trustees shall have the authority, in respect to any stocks, bonds or other property,
real or personal, held by them as trustees, to exercise all such rights, powers and privileges as
might be lawfully exercised by any person owning similar stocks, bonds or other property in
their own right.
(b) Delegation and allocation of investment functions.
1) The trustees are authorized in their discretion to allocate such duties and
responsibilities to invest and reinvest such fund assets as they shall specify_ in
such allocation to a committee or subcommittee of the board of trustees in
accordance with section 16-74B; provided, however, that such action shall have
been approved by a majority vote of the trustees as j2rovided in section 16-66B.
2) The trustees shall have the power and authority to appoint one (1) or more
investment mana er s who shall be res onsible for the management, acquisition,
disposition, investing and reinvesting of such of the assets of the trust fund as the
trustees shall specify. The trustees upon written notice may terminate. any such
retainer. The fees of such investment manager, and its expenses to the extent
Temp. Ord. No. 1873
08/24/99
Page 74
permitted by law, shall be paid out of the trust fund.. The trustees shall require that
the investment manager acknowledge in writing that it is a fiduciary with respect
to the plan.
(3) In connection with any allocation or delegationof investment functions
under paragraphs (1) and (2) of this subsection, the trustees shall, from time to
time, adopt appropriate investment policies -or guidelines.
Sec. 16-72B. Deposits and disbursements.
All funds and securities of the trust fund shall be deposited by the trustees in such
depository or depositories, as defined in section 280.0202), F. S., as the trustees shall from time
to time select, and any such deposit or deposits, or disbursement therefrom, shall be made in the
name of the trust in the manner designated and authorized by the trustees appointed in
accordance with section 16-71 B _(b)(2).
Sec. 16-73B. Allocation and deleeation of non -investment responsibilities.
The trustees ma by resolution bylaw or by provisions of this trust agreement, allocate
fiduciM responsibilities and various administrative duties to committees or subcommittees of
the board of trustees. Additionally, the trustees may, in their sole discretion, retain such
independent professionals, technical, or other advisers to assist the trustees . in meeting their
fiduciary responsibilities. The trustees may delegate fiduciary responsibilities and duties to such
individuals or firms, as they rmy deem appropriate or necessary, and consistent with section
185.06(6 F. S. and other state or federal law. All such costs associated with the retaining o
such professional, technical or other advisers shall be paid from the trust fund. However, such
action shall have been gapproved by a majority vote of the trustees as provided in section 16-66B.
Such delegations or allocations of responsibilities shall not relieve the board of trustees of its
responsibility for the sole and exclusive administration of the trust fund.
Sec.16-74B. Committees.
Each committee or subcommittee shall consist of at least two 2 trustees. A quorum of a
committee shall be at least two 2 trustees.
Sec. 16-75B. B laws rules and regulations.
(a) The trustees are hereby empowered and authorized to adopt bylaws and to promulgate
any and all necessary procedures, policies, rules and regulations, which they deem necessary or
desirable to facilitate the proper administration of the trust fund provided, that such bylaws or
rules and regulations -are not inconsistent with Chapter 185 F. S. and the terms of this trust
Temp. Ord. No. 1873
08/24/99
Page 75
agreement. The trustees are hereby empowered and authorized in their sole discretion to
construe and interpret this plan and any and all procedures, policies, rules and regulations so
adopted or j2romulizated. All bylaws, rules and regulations adopted by action of the trustees shall
be binding upon all parties hereto, all parties dealing with the trust fund and all persons claiming
any benefits hereunder.
(b) No bylaw, regulation, rule, action or determination made or adopted by the
trustees shall in any manner conflict or be inconsistent with any_provision of this declaration, or
with any_applicable federal, state or local law.
Sec. 16-76B. Additional authority.
The trustees are hereby_ empowered, in addition to such other powers as are set forth
herein or conferred by state or federal law, to:
1) Enter into anv and all contracts and agreements for carrving out the terms of this
declaration and for the administration of the trust fund, and to do all acts as they, in their
discretion, may deem necessary or advisable and such contracts and agreements and acts
shall be binding and conclusive on the parties hereto and on the participants involved;
(2) Keep property and securities registered in the name of the trustees or of the fund;
3 Establish and accumulate as part of the trust fund such reasonable reserve funds
as the trustees, in their sole discretion deem necessary or desirable to carry out the
purposes of the trust fund.;
4 Do all acts whether or not expressly authorized herein which the trustees ma
deem necessary or proper for the protection of the property held hereunder; and
(5) Sell, exchange, lease, convey or dispose of any property, whether real or personal
forming a part of the trust fund upon such terms as they ma deem proper and to execute
and deliver at any time any and all instruments of cone ance lease and transfer in
connection therewith.
Sec.16-77B. Bonds.
The trustees shall obtain from an authorized surety company such bonds as may- be
required by state or federal law or desired by the trustees covering such persons and in such
amounts (but not less than required by law) as the trustees, in their discretion, may determine.
The cost of premiums for such bonds shall be paid out of the trust fund.
Temp. Ord. No. 1873
08/24/99
Page 76
Sec. 16-78B. Insurance.
The trustees may in their discretion obtain and maintain policies of insurance, to the
extent permitted by law, to insure themselves, the trust fund as such, as well as ,employees or
aizents of the trustees and of the trust fund, while engaged in business and related activities for
and on behalf of the trust fund:
(1) With respect to liability to others as result of acts, errors or omissions of such
trustee or trustees, employees or agents, respectively; and
(2) With respect to injuries received or property damage suffered by them.
The cost of the premiums for such policies of insurance, including waiver of recourse coverage.
shall be paid out of the trust fund.
Sec. 16-79B. Information to participants and beneficiaries.
The trustees shall provide participants and beneficiaries such information as may be
required by law.
See. 16-80B. Accountants and actuaries.
The trustees shall engage one (1) or more independent qualified public accountant(s) and
one (1) or more enrolled actuaries in compliance with section 185.06(6) F. S. to perform . all
services as may be required by applicable law and such other services as the trustees may deem
necessaly. The costs incurred under this section shall be paid out of the trust fund.
Sec. 16-81B. Trustee reimbursement.
The trustees shall be entitled to reimbursement for the expenses properly and actually
incurred in the performance of their duties with the trust fund and to per diem allowance in
amounts established by the board of trustees. Such reimbursement shall include, without
limitation, attendance at meetings and other functions of the board of trustees, attendance at
institutes seminars conferences or worksho s for or on behalf of the trust fund. The trustees
shall comply with section 112.061 F. S., as amended when establishing entitlements to
reimbursement for such expenses and per diem allowances.
1
Temp. Ord, No, 1873
08/24/99
Page 77
See.16-82B. Reports.
The board of trustees shall make reports to and file such information with appropriate
public authorities as mU be required section 185.221 F. S. and other applicable state and
federal law.
Sec. 16-83B. Records of transactions.
The trustees shall keep true and accurate books of account and a record of all of their
transactions and meetings (including actions taken at such meetings and by informal action_ of the
trustees). Such records and books shall be audited at least annuall ^ by a certified public
accountant. A copy of each audit report shall be available for inspection by interested persons at
the city hall at reasonable times and after reasonable notice.
Sec. 16-84B. Construction and determination by trustees.
Subject to the stated purposes of the fund and the provisions of this declaration, and
chapter 185 F. S. the trustees shall have full and exclusive authority to determine all questions of
coverage and eligibility,eligibifty, methods of providing or arranging for benefits and all other related
matters. They shall have full power to construe the provisions of this declaration the terms used
herein and the bylaws and regulations issued thereunder. Any such determination and an such
construction adopted by the trustees in good faith shall be binding upon all of the parties hereto
and the beneficiaries hereof. No questions or disputes arising under this declaration shall be
subject to the grievance or arbitration procedure established in any collective bargaining
agreement between the city or BSO and any labor organization; provided, however, that this
clause shall not affect the rights and liabilitiesof any of the parties under any of such collective
bargaining a red _ements.
Sec. 16-85B. Liability in acting on documents.
The trustees, to the extent permitted by applicable law, shall incur no liability in acting
upon an instrument a lication notice request, signed letter, telegram or other paper or
document believed by them to be genuine, to contain a true statement of facts and to be signed
by the proper person.
Sec. 16-86B. Reliance on written instruments.
(a) By trustees. Any trustee, to the extent permitted by his fiduciary responsibility and by
applicable law, mgy rely u on gLny instrument in writing as conclusive evidence of the fact that a
ma'orit of the trustees have taken the action stated to have been taken in such instrument.
Where such instrument purports to have been approved by a majority vote of the trustees in
Temp. Ord. No. 1873
08/24/99
Page 78
accordance with s i _ ion. 15-68B. In any
section 16-C6B an signed m accordance with sect
controversy, claim, demand, suit at law or other proceeding between any_participant or any other
person and the trustees, the trustees shall be entitled to rely upon any facts appearingin the
records of the trustees. The trustees shall also be entitled to relX upon facts a earin in an
instruments on file with the trustees, with the city or BSO, any facts certified to the trustees, by
the city or BSO, any facts which are of public record and any other evidence pertinent to the
issue involved
(b) By others.
(1) No party dealing with the trustees_ shall be obligated to:
a. See the application to the stated trust purposes of any funds or
property of the trust fund;
b. See that the terms of this declaration have been complied with; or
C. Inquire into the necessity or expediency of aLiv act of the trustees.
(2) .,,,,, Every instrument executed by the trustees shall be conclusive evidence in
favor of even person relying thereon that:
a. At the time of execution of the instrument the trust was in full
force and effect;
b. The instrument was executed in accordance with the terms and
conditions of this declaration; and
C. The signing trustees were duly authorized and empowered to
execute the instrument.
c) Reliance on counsel's opinion. The trustees may consult with legal counsel
concerning an question which mqy arise with reference to the duties and powers or with
reference to any other matter pertaining to this declaration or the trust hereby established. The
opinion of such counsel shall be full and complete authorization and protection in respect of any
action taken or suffered by the trustees hereunder in good faith in accordance with the opinion of
such counsel. The trustees shall not be liable therefor to the extent permitted by applicable law.
I
Temp. Ord. No. 1873
08/24/99
Page 79
(d) Responsibilities imposed by state law. The provisions of this section shall not
relieve the trustees of any responsibilities or obligations imposed by F. S. Chapters 112 185,_or
286 or other applicable laws.
Sec. 16-87B. Discharge of liability.
The receipt by the trustees of any money or property or checks (after such checks are
honored at the bank and paid to the trust fund) shall discharge the person or persons paying
transferring the same to the extent of such payment or transfer.
Sec. 16-88B DIVISION 3B. BENEFITS, CONTRIBUTIONS
Secs. 16-89B. -- 16-100B. Reserved.
Sec. 16-101B. Contributions and collections —Employer contributions.
a) The city. BSO and narticivants shall make nromot contributions or navments to
the trust fund in such amounts and under the terms as are provided for in this chapter and as
re uired section 185.11 F. S. and other applicable state or federal law. Such contributions or
payments are absolute obligations to the trust fund. Such obligations shall not be subject to (by
Way of illustration and not limitation) setoff or counterclaim which the city, BSO or any
participant may have for erroneous contributions to any other trust funds, or for and
liability of any employee, the cif, BSO, the trustees or any other person.
b Contributions to the fund shall be paid to the trust fund or to such depositoly as
the trustees shall designate, only by check bank draft or money order, or its a uivalent.
Sec. 16-102B. Same --Receipt of payment and other propel,propgly of trust.
The trustees or such other person or entity designated or appointed by_ the trustees in
accordance with section 16-72B are hereby designated as the persons to receive the Dqyments
made to the trust fund by the city and participants. The trustees are hereby vested with all right,
title and interest in and to such monies and all interest which mgy be accrued thereon and are
authorized to receive and be paid the same.
Sec. 16-103B. Same --Collection and enforcement of pUments.
The trustees or such committee of the trustees as the board of trustees shall a oint shall
have the power to demand collect and receive city, BSO and participant pgyments and all other
money and property to which the trustees m!jy be entitled and shall hold the same until applied
to the purposes provided in this trust agreement. They shall take such steps, including the
Temp. Ord. No. 1873
08/24/99
Page 80
institution and prosecution of, or the intervention in, such leg, -al or administrative proceedings, as
the trustees in their sole discretion determined to be in the best interest of the trust fund for the
purpose of collecting such payments, money and property.
Sec. 16-104B. City has no right, titleor interest.
, „ ,,.
The city, BSO, any participant or beneficiary shall not have any right, title, or interest in
or to the trust fund or_gM part thereof other than vesting under the pension plan and other than a
pension or other benefit for which a participant or beneficiary is entitled under the terms and
conditions set forth in the pension plan. There shall be no pro rata or other distribution of any of
the assets of the trust fund as a result of any group of employees or participants and their
beneficiaries, ceasingtheir heir participation in this trust fund for any purpose or reason except as
required by state or federal law.
Sec. 16-105B. Limitation upon beneficial rights of employees.
All benefits shall be free from the interference and control of anv creditor, and no
benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under
any legal, equitable or any other process.
Sec. 16-106B ARTICLE III B. PENSION PLAN
Sec. 16-107B DIVISION 1B. GENERALLY
Secs. 16-108B. - 16-125B. Reserved.
Sec. 16-126B. Definitions.
The followinja words terms and phrases, when used in this article shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Actuarial a uivalence or actuarially equivalent means that an benefit a able under the
terms of this plan in a form other than the standard form of benefit for participants shall have the
same actuarial resent value on the date pUment commences as such standard form of benefit.
For the 12uMoses of establishing the actuarial present value of any form of pgyment, all future
payments shall be discounted for interest and mortality by using seven -percent interest and the
1983 GrogAnnuity Mortality Table with ages set ahead five 5 ears in the case of disability
retirees.
1
Temp. Ord. No. 1873
08/24/99
Page 81
Average final compensation means one- twelfth of the average annual compensation,
defined as total cash remuneration paid for services rendered to the city, to BSO,_ or to both, of
the five (5) highest years of service prior to the employee's normal retirement date or prior to the
employee's voluntary discontinuance of participation in the plan.
Board of trustees means the trustees designated in this chapter, and an,successor trustees
selected as provided herein, acting in a group as the administrator of this pension plan.
BSO means the Sheriff of Broward County, Florida.
Covered employment means service for which an employee is obligated to pay
contributions to this pension elan.
Married means a participant who is married on the date of receipt of pension benefits. A
participant shall also be considered married:
(1) If the participant dies before receipt of such benefits, but the participant was
married on the date of the participant's death; or
(2)„ To the extent provided under a qualified domestic relations order.
Maternity or paternity leave means a participant's absence from work by reason of:
(1) The pregnancy of the participant;
(2) The birth of a child of the participant;
(3).- The placement of a child with the participant in connection with the adoption of
such child by the participant; or
(4) The caring for such child by the participant for a period beginning immediately
following such birth or placement.
Crediting hours of leave: Solelv for purposes of determininiz whether a break in service
has occurred and not for purposes of vesting or benefit accrual, a_participant who is absent from
work in covered employment due to maternity or paternity leave shall be credited with the hours
of service which otherwise would normally have been credited to the participant but for such
absence, not to exceed three (3) months' hours per plan year.
Creditin eriod: The hours of service absent from work due to maternity or patemL
leave shall be credited solely for puMoses of excusing a break in service:
Temp. Ord. No. 1873
08/24/99
Page 82
(1) During the plan year in which the absence began if the crediting of those hours is
necessary to prevent a break in service in that plan year; or
(2) In all „other cases, in the next following plan year;
Pension or pension benefit means an early retirement benefit, a normal retirement benefit
or a disability retirement benefit.
Pension plan means the city police officers' pension plan.
Plan year means the twelve-month period from October 1 to the following September 30.
Police officer means any person employed by the city or any person employed by BSO
on July 1, 1989 who, on June 30, 1989, was employed by_ the cztY_ and was, on that date, a
participant in this plan who satisfies the definition of police officer in section 185.02(11), F. S., or
is a sworn deputy sheriff of Broward County, Florida.
Retirement or retired means the complete withdrawal of a participant from any further
employment as an employee,paid consultant or independent contractor of the
Service means vears and completed months of continuous uninterrupted employment as a
full-time employee of the city, BSO or both —provided that employees of BSO must have been
employed by BSO on July 1. 1989 and must have been employed by the city and have been
participants in this nlan on June 30. 1989. commencing on the date of hire, for which a person is
aid or entitled to pUment, by the city or BSO:
(1„)_ _ _ ,For the performance of duties;
(2) For reasons other than the performance of duties, including vacations, holidays,
temporary disability, illness, jury duty, military_ duty, administrative leave, paid leave or
approved leave of absence;
(3) As the result of back pay being awarded, or agreed to, by the city or BSO
(irrespective of mitigation of damages).
Non -covered emplovment: A person who is paid, or entitled to payment,_ by. the city or
BSO shall also be credited with service for purposes of participation, vesting and breaks in
service (but not for benefit purposes) based upon service in non -covered employment for the city
or BSO, provided that the person worked for the city or BSO in covered employment
immediately before or immediately after the non -covered employment, and further provided that
Temp. Ord. No. 1873
08/24/99
Page 83
no resignation, discharge or retirement occurred between the covered employment and the non -
covered employment.
Determination of amount of service: The amount of service shall be ascertained from the
most accurate records available including records of hours work shifts da s or weeks for which
payment is made or owing, as reported to the board of trustees.
Cre
diting period: i gperi rod: Service shall be credited for each year for which duties were performed,
or if no duties were performed, then during the year for which the payment relates.
Vested means a nonforfeitable ri h�pension benefit under this pension plan.
Sec. 16-127B. Submission of claims, notices and inquiries.
All claims for benefits, elections for a specific form of benefit, notices of reemployment,
notices of re -retirement, verifications of retirement, notices of mailing address, notices of appeal.,
and all other inquiries and matters concerning the pension plan shall be submitted to the board of
trustees addressed as follows:
Secretar
City of Tamarac Police Officers' Pension Plan
7525 NW 88th Avenue
Tamarac, Florida 33321
Sec. 16-128B. Response to claims and inquiries.
All inquiries shall be answered promptly. The final decision for approval of benefits shall
be made by the board of trustees.
Sec. 16-129B. Denial of benefits.
If any claim for benefits is denied, suspended or terminated, in whole or. in part, then the
claimant shall be furnished with a notice of denial suspension or termination no later than thirty
(30) days after the final decision has been made. The notice shall be provided in writing, by
certified mail, and shall set forth:
(1) . The specific reasons for the denial, suspension or termination of benefits;
2 The specific references to the pertinent provisions of the pensionplan upon which
the action is based and a copy of the pension plan provisions shall be furnished with this
notice,
Temp. Ord. No. 1873
08/24/99
Page 84
(3) A description of any additional material or information necessary for the claimant
to perfect the claim, along with an explanation of why Such material or information is
necessary; and
(4) An explanation of the claims review procedure.
Sec. 16-130B. _ Claim review procedure.
(a) Requests for review. If a claim for benefits is denied suspended or terminated, in
whole or in artthen the claimant mgy a eal to the board of trustees for a full and fair review.
In order to file an Upeal, a written notice of Upealmust be submitted within sixty (60) days
after the notice of denial, suspension or termination is received by the claimant (or such later
time as the board of trustees deems reasonable). The notice of appeal shall briefly describe the
rounds u on which the appeal is based on shall be signed by the claimant. The claimant shall be
allowed to review all pertinent documents during normal business hours, and shall be permitted
to submit comments and a statement of issues for consideration by the board of trustees.
b Representation. A claimant mqy designate an attorney or any other duly
authorized person to act as his or her representative at any stage of the claims review procedure.
Any rights provided to the claimant during the claims review procedure shall automatically
extend to the representative designated by the claimant. A designation of representative shall be
signed by the claimant and the representative, and shall be submitted in writing.
c) Claims review board. The board of trustees shall rule on all appeals brought
under this section. A decision to grant or deny an gpl2eal shall be based solely on the record
before the board of trustees, unless the board of trustees determines, in its sole discretion that a
hearing is necessary for the proper resolution of the appeal. The board of trustees shall decide, by
majority vote to grant or deny an appeal. The final decision shall be made by the board of
trustees, in writing. If an appeal is denied. in whole or in part, then the decision shall set forth the
specific reasons for the action, with specific references to those pension plan provisions upon
which the decision is based. The claimant shall be promptly provided with a copy of this
decision. The decision of the board of trustees shall be final and binding
Sec. 16-131B. Exhaustion of claims review procedure.
No action in law or in eauitv shall be brought to contest a denial,. suspension or
termination of benefits until the claimant has complied with the procedures provided in section
16-130B, unless the hoard of trustees fails to render a decision as provided in 16-130B(c). _In no
case however, shall an action be brought unless instituted within one 1 year from the time the
claimant received the notice of denial suspension or termination provided in section 16-129B.
Temp. Ord. No. 1873
08/24/99
Page 85
Sec. 16-132B. Funding generally_
The plan shall be funded by contributions from participants-, contributions from the ci
and from BSO and the amount derived from the premium taxes provided in section 185.08 F. S.
and other income sources as authorized by applicable law. Monies received in accordance with
section 185.08 F. S. may be used for police officers only.
Sec. 16-133B. Participant contributions.
(a) All police officer participants shall make regular contributions at the rate of five
(5) percent of total cash remuneration paid for services rendered to the city or BSO, which shall
be deposited in the fund each pay period. The city and _BSO shall assume and_pa __ participant
r respective employees in lieu of payroll deductions from participants'
contributions for their p , ective em�lo„ �ie_
earnings. No participant shall have the option of choosing to receive the contributed amounts
directly instead of having them paid by the city or BSO directly to the plan. All such
contributions the city or BSO shall be deemed and considered as a part of the participant's
by
accumulated contributions and subject to all provisions of this plan pertaining to .accumulated
contributions of members. This city pickup of contributions is the result of a five -percent
reduction of each participant's base -pay and of base pay levels which occurred on October 1,
1986, and for employees who were first employed by BSO on July 1, 1989, also on that date, all
of which is intended to comply with section 414(h)(2) of the Internal Revenue Code.
b) If a participant has not made contributions for any period of covered service
because the previous Man did not permit contributions or benefit credits_ for service after normal
retirement age, the participant must pqy retroactive contributions for that period in order to
receive vesting credit for that period. Such retroactive contributions shall be made over a eriod
of time equal to the period of time for which contributions were not made unless the participant
selects a shorter period. All retroactive contributions due must be 12aid in full 12rior to retirement.
Sec. 16-134B. State contributions.
The fund shall receive the premium taxes collected and disbursed by the state insurance
commissioner and treasurer pursuant to sections 185.08 and 185.10 F. S. Such monies shall be
deposited into the fund within five 5 days of receipt in accordance with section 185.11 F. S. in
lieu thereof the city mqy authorize the Division of Retirement DOR to remit such monies
directly to the board of trustees of the fund section 185.11 F. S.).
1
Temp. Ord. No. 1873
08/24/99
Page 86
Sec. 16-135B. City and BSO contributions.
The city, on behalf of participants who are city police officers, shall contribute to the
plan, on at least a quarterly basis, an amount, which will be sufficient to meet the annual normal
cost of the plan for „said- participants. Such amount shall be sufficient to fund any actuarial
deficiency over a period of not more than thirty (30) years. The city shall consider the
contributions derived from participants and the amount derived from premium_ taxes and other
income sources as authorized by law in determining said contribution. BSO shall, on behalf of
participants who are BSO employees, contribute to the plan, on at least a quarterly basis, the
amount, which BSO would have contributed to the Florida Retirement System (FRS) for the
same time period on behalf of said participants if said participants were members of FRS rather
than participants in this plan.
Sec. 16-136B. Basis of payments from plan.
All benefits and expenses shall be paid in accordance with the provisions of this pension
plan and the trust agreement and consistent with state statutes and the_Internal Revenue Code,
Sec. 16-137B. to Sec. 16-146B. Reserved
See.16-147B. Construction.
The terms and conditions of this pension plan shall be construed by the Board of Trustees
in their sole discretion subject to the purposes and provisions of the ordinance and declaration of
trust establishing the plan, and subject to Chapter 185 F.S. other applicable state law, the
Internal Revenue Code and all other applicable laws.
Sec. 16-148B. Standards of prooL
The board of trustees shall be the sole judge of the standards of proof required in any
case. In the application and interpretation of this pension plan the decisions of the board of
trustees shall be final and binding on the participants and beneficiaries the city, BSO and all
other persons.
Sec. 16-149B. Benefits not assignable.
a The right of any person to gLy pqyment under this pension plan shall not be subject to
assignment, alienation or volunta or involuntM transfer, and to the fullest extent permitted b
law shall not be subject to attachment execution arnishment sequestration or other legal or
equitable process If any_person attempts to assign, transfer or dispose of such right, or if an
Temp. Ord. No. 1873
08/24/99
Page 87
attempt is made to subject such right to such process, such assignment, transfer or disposition
shall be null and void
(b) Eligible rollover distributions:
(1) __This subsection applies to distributions made „on or after January 1, 1993.
Notwithstanding_any_ provision of the plan to the contrary that would otherwise
limit a distributee's election under this subsection, a distributee may elect, at the
time and in the manner prescribed by the board of trustees, to have„any portion of
an elifzible rollover distribution 12aid _directly to an eligible retirement plan
specified by the distributee in a direct rollover;
(2) Definitions:
a. Eligible rollover distribution, An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit of the
dp g' i distributee, except that an able eli rollover distribution does not include:
any distribution that is one (1) of a series of substantially equal periodic
payments (not less frequently than annually) made for the .life (or life
expectancy) of the distributee or the joint lives (or joint„ life expectancies)
of the distributee and the distributee's designated beneficiary, or for a
specified eriod of ten 10 ears or more; any distribution to the extent
such distribution is required under section 401 (a)(9) of the Code; and the
_portion of any distribution that is not includable in gross income
determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities).
b. Eligible retirement plan: An eligible retirement plan is an
individual retirement account described in section 408(a) of the Code, an
individual retirement annuity described in section 408 b of the Code an
annuity plan described in section 403(a) of the Code or a qualified trust
described in section 401(a) of the Code, that accepts the distributee's
eligible rollover distribution. However, in the case of an eligible rollover
distribution to the survivin souse an eligible retirement plan is an
individual retirement account or individual retirement annuity.
C. Distributee: A distributee includes an emnlovee or former
employee. In addition the employee's or former employee's surviving
spouse and the employee's or former employee's spouse or former spouse
who is the alternate pqyee under an income deduction order are
distributees with regard to the interest of the spouse or former spouse.
Temp. Ord. No. 1873
08/24/99
Page 88
d. Direct rollover. A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
Sec.16-150B. Forfeitures.
Forfeitures and dividends shall not be used to increase the benefits that any participant
would otherwise receive under the pension plan at any time prior to the termination of the
pension plan or the complete discontinuance of contributions to the pension plan, but shall be
anticipated in determining the costs under the pension plan.
See.16-151B. Merger.
This pension plan shall not meree or consolidate with anv other pension elan. nor transfer
any assets or liabilities to any other pension plan, unless each participant in thispension plan_will
receive a benefit immediately after such merger, consolidation or transfer (if the pension plan
then terminated) which is at least equal to the benefit the participant was entitled to immediate)
before such merger, consolidation or transfer lif the ension lan had terminated),
Sec. 16-152B. _. Termination of pension plan.
In the event of termination of the pension plan, the board of trustees shall follow the
procedures contained in section 185.37 F. S., the Internal Revenue Code, and all other applicable
laws.
See.16-153B. Incorporation by reference.
This 12ension plan is maintained for the exclusive purpose of providing benefits to
participants and beneficiaries, and is intended to satisfy all the requirements of the state statutes
and the Internal Revenue Code. If any requirements of such laws have been omitted they shall
be deemed to be incorporated herein by reference.
Sec. 16-154B. Amendment of pension plan.
This pension plan mqy be amended at an time by majority vote of the board of trustees
as provided in 16-66B and the city commission prospectively or retroactively, provided that such
amendment complies with Chapter 185 F. S., the Internal Revenue Code, all other applicable
laws, and the purposes as set forth in the ordinance and declaration of trust. Additionall_y,. and
not by wav of limitation. the board of trustees may amend this pension plan when it is deemed
necessgU to maintain its tax-exempt status or to preserve compliance with the Internal Revenue
Temp. Ord. No. 1873
08/24/99
Page 89
Code, the state statutes and all other applicable laws. However, no ,amendment, which reduces
the accrued benefits of M participant, shall take effect.
See. 16-155B DIVISION 2B. ADMINISTRATION
Sees. 16-156B. -- 16-170B. Reserved.
See. 16-171B. Board of trustees.
The board of trustees created in section 16-56B shall administer and control the operation
of this .pension plan_ in accordance with the provisions of this pension plan, the declaration of
trust, this chapter, Chapter 185 F. S. and other applicable state law. The board of trustees or any
other person to whom the board of trustees may allocate or delegate such authority, shall, from
time to time, establish rules for the interpretation, application and administration of the pension
plan. In making any such determination or rule, the board of trustees shall pursue uniform
policies and shall not unreasonably discriminate in favor of or against, any person or group of
persons.
Sec. 16-172B. Claim for benefits.
(a) Advance claim reauired. In order to receive a benefit under this pension n1an. a
claim for benefits must be submitted in writin and shall be made on a duly prescribed form
containing the information required in this section. A claim for benefits must be filed before any
benefits are payable. After a participant dies, a claim for survivor benefits, if applicable, must be
filed within one (1) year of the death of the participant.
(b) Information rewired. All participants and beneficiaries shall furnish such
information, as the board of trustees considers necessary or _desirable for the _purposes of
administering the plan. This shall include the expected date of retirement of the participant, the
marital status and proof of date of marriage of the participant, proof of age of the participant and
any designated beneficiaries, and date and goof of death if a claim is filed for a survivor annuity
or a death benefit. If proof of age is not submitted as required, other information may be used, as
the board of trustees deems reliable. An adjustment required by reason of lack of proof, or
misstatement of age, shall be made in such a manner, as the board of trustees deems equitable.
Benefits provided under this plan are conditioned upon the furnishing of such true and complete
information as ma be needed. The board of trustees and an other persons involved in the
administration of the 121an shall be entitled to rely -,upon any certification statement or
representation made by a participant or beneficiary with respect to age, martial -status, death of
the participant, or other facts reauire to be determined under any of the provisions of the pension
lanand the board of trustees shall not be liable on account of the pument of an monies or the
commission of an act or failure to act in reliance thereon.
Temp. Ord. No. 1873
08/24/99
Page 90
Sec. 16-173B. Multiple claims.
Once a claim for pension benefits has been approved by_„the board of trustees no further
claims for a pension benefit shall be permitted.
Sec. 16-174B. Notification of mailing address.
Lal All participants and beneficiaries shall file with the board of trustees from time to
time in writing, their mailing address and each change of address. Failure to submit such mailin
address ma result in the pqyment of benefits being delayed.
b Any check representing a ment hereunder, and any communication addressed to
a participant, beneficia or other person, at the last address on the records of the board of
trustees shall be bindipZ on such persons for all VuLposes of this pension plan.
c)If the board of trustees is in doubt whether payments are being received by the
person entitled thereto, it may notify such „person, by certified mail at the last known „address,
that all payments of benefits shall be withheld until the board of trustees is provided such
information as it deems necessary.
Sec. 16-175B. Benefits Valable to minors and incompetents.
a Whenever any Derson entitled to pUments under this pension plan is a minor,
under a le al disability or, in the sole judgment of the board of trustees is otherwise unable to
care for their affairs in their own best interest„ and advantage (whether because of illness,
accident, incapacity or other mental or physical condition), the board of trustees may direct that
all or gny portion of such pUments be made in any of the following was unless a claim has
been made by a legal guardian, tutor conservator, committee or other dulya ointed legal
representative, in which event pqyment shall be made to such representative):
(l) To the spouse, child, parent or other blood relative, to be expended on
behalf of the person (or on behalf of those dependents Was to whom the person has
the dutyto o support);
(2) _ To a recognized charity or governmental „institution to be expended for the
benefit of the beneficiary (or for the benefit of those dependents as to whom the
person has the duty to support): or
(3) To such other persons, organizations or institutions as the board of trustees
deems a ro riate to provide for the care and benefit of the D.e.rson or for the
benefit of those dependents as to whom the person has the „dgly to support).
Temp. Ord. No. 1873
08/24/99
Page 91
b The decision of the board of trustees shall be final and bindin u on all ersons.
After such decision the board of trustees shall not be obliged to see to the proper a lication or
expenditures of any payments so made.
See. 16-176B DIVISION 3B. CREDITED SERVICE
Secs. 16-177B.—16-190B. Reserved.
See.16-191B. Participation.
a A person shall become a particinant on the first da of service. Each full-time olice
officer shall be a participant in the plan;
b A person shall remain a DartiCiDant until the earlier of:
c Terminating service prior to earning a vested benefit and Drior to rcachiniz normal
retirement age;
d All benefits have been paid to the participant; or
e The person dies.
Sec.16-192B. Vestine schedules.
LW Earl retirement benefit. A artici ant shall have a one -hundred- ercent vested
rijzht to an gffly retirement benefit upon earning ten 10 vestine credits.
Normal retirement benefit. A Participant shall have a one -hundred- Dercent vested
right to a normal retirement benefit u on:
1 Earning five 5 vesting credits;
Qh Re hing normal retirement age; or
3 The termination or partial termination of this 12ension plan to the extent
funded as of such date).
1
Temp. Ord. No. 1873
08/24/99
Page 92
See.16-193B. Vestina credits.
A participant shall earn one 1 vestin credit for each year of service. A participant ma
lose vestingcts as provided in section 16-196B et seq. The total number of vestin cats
earned and retained shall determine whether a participant has a„vested rightpension benefit.
Sec. 16-194B. Limitation on changes in vesting schedules.
No amendment shall reduce a participant's vested right to a normal retirement benefit at
the time such amendment is adopted or, if later, at the time such amendment is effective.
Sec. 16-195B. Vesting of benefits.
No artici ant beneficiary or other person shall have any vested right to a pension
benefit unless the particjant has met the requirements for vesting as provided in this division.
Sec. 16-196B. Breaks in service.
(a) A break in.service shall occur when a participant is no longer employed, b the he city or
BSO as a full-time police officer employee. However, no credits shall be lost excel2t
as provided in section 16-197B.
(b) A break in service shall not occur if the participant is not employed _due to the
participant:
(_L g e United States, provided the erson returns to
c Entering into e Armed Forces o thp _p,,..�
work in covered employment within the period of time „provided in the Uniformed
Services Employment and Reem to ment Rights Act USERRA
d Becoming employed by the city or BSO in non -covered em to ment•
(e) Being absent_ from work due to maternity or paternity leave as defined in section
"aid e approved by the city or BSO; or
16-126B or due to un a1d leave of absence .
Becoming temporarily totally disabled or receiving a disability benefit from the plan.
Terminating employment with the city or BSO and becoming re-employed by the city
or BSO within five (5) years of termination provided that the employee did not
receive a refund of the employee's accumulated contributions.
1
Temp, Ord. No. 1873
08/24/99
Page 93
Sec. 16-197B. Loss of credits.
A participant who is not vested shall lose all vesting credits earned to date if the
artici ant suffers a break in service before earning five 5 vesting credits. However, a police
officer will receive vesting credit for time spent in the military, service of the United States or the
United States Merchant Marine while on leave of absence, provided that the police officer must
have re-entered the police service of the city or BSO within „the,period of time provided in the
Uniformed Services Employment and Reemployment Rights Act (USERRA
Sec. 16-198B. Refund of contributions.
p ip and of the
.artici ant who is not vested an suffers a re m service shall receive a refund
participants' accumulated contributions plus interest at the rate of five percent (5%)per annum.
A participant who is vested and suffers a break in service may elect to receive a refund of
the ,participant's accumulated contributions in lieu of any other benefits from this121an. If a
participant_ accepts_ such a refund of accumulated contributions plus interest, no other benefits
shall be due or payable from the „plan to the participant.
Sec. 16-199B. Reentry into plan.
(a) A person who has been paid a refund of accumulated contributions, subsequently is
re-employed by the city or BSO, and earns any vesting credits under the pension plan
ma_v repay to the pension plan the accumulated contributions previously received,
plus interest on that amount at the actuarially assumed interest rate,
p compounded
annually, or such other amount as prescribed in section 411 (c) (2) (d) of the Internal
Revenue Code.
b U on re a meat of the refunded accumulated contribution -plus interest the
participant shall be credited with all vesting credits previously lost and there shall be
no reduction in the value of any subsequent benefit by the value of the accumulated
contributions previously refunded.
A„ participant ,who is vested and terminates employment ten (10) or more years before
early retirement age shall have the option to receive, in a single lump sum, the actuarial
resent value of the participant's vested benefit in full satisfaction of all benefits due to
said participant from the plan. Application for such a benefit must be made within
forty-five days of the participant receiving a notice from the plan showing the value of
such benefit and must be accompanied by the consent of the participant's spouse. Upon
receiviny, this benefit the participant shall lose all vesting credits no Ionizer be entitled to
Temp. Ord. No. 1873
08/24/99
Page 94
any further benefits from the plan. and be regarded as a. new employee should the
participant thereafter be re-employed b the city or BSO.
Sec. 16-200B DIVISION 4B. BENEFITS
Secs. 16-201B.—16-215B. Reserved.
Sec.11b-216B. Right to pension benefits.
A pension benefit shall be payable if the participant:
(1) Has a vested rightpension benefit;
2 Has reached the a licable retirement age;
3 Has retired: and
(4) Has filed a claim for pension benefits.
Sec. 16-217B. Early retirement age.
The early retirement age shall be the first day of any month on which or any participant
has earned ten (10) vesting credits and has attained fifty (50) years of age.
Sec. 16-218B. Early retirement benefit.
The early retirement benefit shall be the benefit level provided in section 16-233B_ et seq.
reduced by one -fifteenth for each of the first five 5 ears and one -thirtieth for each of the next
five years for each year by which the participant is younger than the normal retirement age for
the participant on the effective date of his/her early retirement.
Sec. 16-219B. Normal retirement age.
The normal retirement aize shall be the first day of the month on or after which the
participant attains five 5 vesting credits and fifty-seven 57 ears of age.
Sec. 16-220B. Normal retirement benefit.
The normal retirement benefit shall be the benefit level provided in section 16-233B et.
Temp. Ord. No. 1873
08/24/99
Page 95
Sec. 16-221B. Forms of benefit payments.
A participant who has a right to receive a pension benefit as provided in section 16-216B
shall automatically be paid the standard form of benefit payment, which is ten G 0) years certain
and life, unless a timely election is made to r„eceive an optional form of benefit payment.
„
Sec. 16-222B. Standard benefits.
The standard pension benefit shall be ten (10) years certain and life.
Sec. 16-223B. Optional benefits.
Optional benefits are:
1 Single life annuit . Any participant ma file an election to receive monthl
payments for life.
(2) Any other actuarially equivalent benefit approved by the board of trustees or
provided by section 185.161, F. S., et seg.
Sec. 16-224B. Election „o,f optional benefits.
(a) Manner of electing optional benefits. Optional forms of benefit payments shall
only be pUable if a timely election is made. Such election must be in writing, signed by the
participant, on a form provided by the board of trustees.
(b)- Designation of beneficiary. Each participant may, on a form provided for that
purpose, signed and filed with the board of trustees designate a beneficiM or beneficiaries to
receive the benefit, if any, which may be payable in the event of the participant's death, and each
designation may be revoked by such participant by signing, and filing with the board of trustees a
new designation -of -beneficiary form. TA participant may from time to time change their
designated beneficiary in such manner as provided in section 185.161 1 b F. S.
c) Failure to name beneficiary. beneficiary predeceases varticivant. If a deceased
participant failed to name a beneficiary in the manner prescribed in subsection (b), or if the
beneficiM or beneficiaries named by a deceased participant predeceased the participant, the
death benefit, if any, which may be payable under the 121an with respect to such deceased
participant may be paid, in the discretion of the board of trustees either to:
LI
Temp. Ord. No. 1873
08/24/99
Page 96
(1) The spouse or dependent children of the participant; or
(2) The dependent living parents of the participant; or
(3) The estate of the participant.
(d) Time limits. Any optional form of benefit payment must be elected prior to
commencement of benefits from this pension plan and is subject to change as provided in section
16-225B(b).
Sec. 16-225B. Revocation of election.
(a) An election of a standard or optional form of benefit payment may be revoked at
any time before the first payment of benefits from this -pension plan._ Such a revocation must be
in signedwriting, _ by the participant.
(b) After benefits have commenced, a retired participant may change her or his
designation of joint annuitant or beneficia twice in the manner prescribed in section 185.341
F. S.
Sec.16-226B. Reserved
Sec. 16-227B. Right to disability benefits.
a) Service -connected. A service -connected disability benefit shall be payable if a
barticipant has suffered a service -connected injury, illness, disease or disability_ which
permanently and wholly prevents the participant from rendering useful and efficient service to
the city or BSO as a police officer, and has filed a claim for disability benefits within ninety (90)
days from the termination of the narticinant's emnlovment with the city or the sheriff of Broward
County.
(b) Presumption. Any permanent disability, as described in paragraph (a) above,
which is the result of or caused by tuberculosis, hypertension, _ hepatitis, meningococcal
meningitis, cancer, heart disease hardening of the arteries shall be presumed to have been
incurred in the line of duty so as to be service -connected unless a physical examination of the
narticinant conducted upon initial hiring by the city revealed that such condition existed at that
time.
(c) Nonservice-connected. A nonservice-connected disability benefit shall be
payable if a participant:
Temp. Ord. No. 1873
08/24/99
Page 97
(1) a. with two (2) but less than ten (10) vesting credits and has suffered
a nonservice-connected iniury,_illnesss_disease _or disability which
ermanentl incapacitates the participant, either mentally or
physically, from his regular and continuous duty for the, city or
BSO or any other gainful full-time employ
( g has suffered a
. with ten or more vesting credits who
nonservice-connected injury, illness, disease or disability and is
wholly prevented from rendering useful and efficient service as
such
(2) Has not reached normal or early retirement age,
(3) Has filed a claim for social security disability benefits and lon -t erm
disability insurance benefits (if offered by the city).
4) Has filed a claim for disability benefits within ninety (90) days from the
termination of the participant's employment with thecityor the sheriff of
Broward County.
(d) Option. A participant who is eligible for an early -or normal retirement benefit
may, at the participant's option, elect such benefit in lieu of a service -connected disability
benefit.
Sec. 16-228B. Amount of disability benefits.
a Service -connected. The monthly service -connected disability benefit shall be:
(1) The greater of the participant's accrued retirement benefit.
2) A monthly disability benefit eaual to the average monthly compensation
aid by the city or BSO for the participatifs last position and 12U step at the time
of disability minus any_ disability income benefits actually_ received by the
participant from the cit 's or BSO's long-term disability insurance benefit plan,
social security and workers' compensation (includingthose of lump sum
a ments that are in consideration for discharge of liability for future wage loss or
total disability benefitsprovided that i the benefit paid by the plan shall not
exceed seventy-five 75percent of the artici ant's average monthly salary at the
time of disability for police officer employees, and GO the benefit paid by the plan
to disabled police officer participants shall not when combined with any disability -
benefits actually received by such Police Officer participant from the city's or
Temp. Ord. No. 1873
08/24/99
Page 98
BSO'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 police officers average monthly_
compensation at the time of disability.. -An
a reduction of the disability benefit
provided herein on account of workers' coml2ensation benefits received shall be
limited to the amount that the total of the workers' compensation benefit plus the
disability benefit payable hereunder exceeds the maximum employee's average
monthly compensation at the time of the disability
(3) Entitlement to a monthly service -connected disability benefit shall
commence on the date of disability and be payable on the first day of the
following month and continue to be paid on the first day of each month thereafter
until the participant reaches normal retirement age, or should the participant die
before reaching normal retirement age, for at least ten f 10years,,with the balance
payable to the participant's beneficiary.
(4) Upon reaching normal retirement age, the participant's benefit shall be
either a normal retirement benefit, with vesting credits for each year of service -
connected disability benefits and average annual compensation based upon the
base wage rates paid by the city or BSO during the period of the participant's
disability for the participant's last position and step, or the benefit amount
provided by subsection (a)(1) or (22) above, whichever is greater, continuing as
provided by the retirement benefit option selected by the participant.
(b) _ Nonservice-connectedtwo but less than ten vesting credits. The monthly
nonservice-connected disability benefit for participants with at least two (2) but less than ten (10)
vesting credits shall be:
1) A monthly disability benefit equal to the monthly base wage rate paid b
the city or BSO for the participant's last position and pay step at the time of
disability minus any disability income benefits actually received by the participant
from th
e city s or BSO's long term disability insurance benefit plan and social
security, provided that the benefit paid by the plan shall not exceed twenty 20
percent of the participant's average monthly salary at the time of disability.
(2) The monthly nonservice-connected disability benefit shall commence on
the date of disability and continue until the participant dies or reaches normal
retirement_ age.
Temp. Ord. No. 1873
08/24/99
Page 99
(3) Upon reaching normal retirement age, the participant's benefit shall be a
normal retirement benefit, with vesting credits only for each year of service prior
to the date of disability, continuing as provided by the retirement benefit option
selected by the participant.
(c) Nonservice-connected ten (10) or more vesting credits. The monthly
nonservice-connected disability benefit for participants with at least ten (10) vesting credits shall
be:
(1) The greater of the participant's accrued retirement benefit.
(2) A monthly disability benefit equal to the average monthly compensation
paid by the city or BSO for the participant's last position and pay step at the time
of disability minus any disability income benefits actually received by the
participant from the city's or BSO's long term disability insurance benefit plan
and social security, provided that the benefit paid by the plan shall not exceed
thirty-five (35) percent of the participant's average monthly compensation at the
time of disability, and provided further that the benefit paid by the plan to a
disabled participant from the city's or BSO's long term disability insurance
benefit plan and workers' compensation (including those portions of lump sum
payments that are in consideration for discharged of liability for future wa eg loss
or total disability benefits) shall not be less than twenty-five (25hyercent of the
disabled police officer's average monthly compensation at the time of disability.
(3) The monthly nonservice-connected disability benefit shall commence on
the date of disability and continue until the participant reaches normal retirement
age or, if the participant dies before reaching normal retirement a e for at least
ten 10 ears with the balance 2ayable to the participant's benefici
4) Unon reaching normal retirement aize. the participant's benefit shall be
either a normal retirement benefit, with vesting credits for each year of service
prior to the date of disability or the benefit amount provided by subsection c 1
or (2) above. whichever is ereater, continuing as provided by the retirement
benefit option selected by the participant.
d) Increase in benefits. A participant's monthly disability benefit under this plan
shall be increased if the monthly base wage rate paid by the city or BSO for the participant's last
position and pay step is increased while the participant is receiving a disability benefit, provided
that the total disability benefit paid by the plan shall never exceed the applicable maximum limits
set forth above.
Temp. Ord. No, 1873
08/24/99
Page100
Sec._16-229B. Determination of disability.
UaL Initial determination. The board of trustees may consider reports of physicians,
and social security, workers' compensation and Veterans Administration disabilit
determinations in determining whether a participant is disabled; however, such reports and
determinations shall not be binding upon the board. The board may also require the participant to
be examined, at the plan's expense, by physicians and other medical,, vocational and
rehabilitation professionals selected by the board whose reports -May be considered b but shall
not be binding upon, the board in determining disability. The board shall determine eligibility for
disability benefits within sixty 60 da s after all required documentation and reports have been
submitted to the board.
b) Continuiniz review. The board may review the status of each disabilitv benefit
recipient once _each_ year and may, in its sole discretion, require recipients, as a condition of
continued a ment of disability benefits to submit physician's reports, submit to examinations
at the Ian's expense, by ghysicians or other medical vocational or rehabilitation professionals.
Should a disability benefit recipient not submit such physician's reports onto- such requested
examination, the board of trustees may, after notice to the disability benefit recipient, suspend
y p participant „„ until such recipient has fully complied with the
the disabilit benefit _aid to such �
obligations of this section.
See.16-229.5B. Subrogation.
(a) The _pension plan has a right of subrogationgainst any third -party tortfeasor or
insurance carriers representing such third -party tortfeasor, to the extent that the pension plan
becomes obligated to make any disability benefit payments to the participant as a result of
injuries caused by the third-party„tortfeasor.
tb). A participant shall execute a subrogation agreement on a form provided by the
pension board or such other documents which may be necessary to. document the pension plan's
subrogation rights. The participant shall notia the pension board of any claim or legal action
asserted against any partyor insurance carrier for such injuries and shall notify the pension board
of the name and address of such party and any insurance carrier. The participant shall take no
action inconsistent with the re uirements of this section nor settle any claim without obtaining
the prior consent of the pension board.
c The pensionplan's subrogation rights shall not be subject to equitable distribution or to
any reduction for costs or attorneys' fees incurred by the participant in pursuit of his/her claim
against a third -party tortfeasor or aLiy insurance carrier. Further, the pensionplan's subro ation
Temp, Ord. No. 1873
08/24/99
Page 101
rights shall not be subject to reduction regardless of whether the particiRqpt recovers the full
value of his/her claim against a third -party and/or any insurance carrier..
d In the event that the particil2ant fails to execute a subrogation agreement, or
otherwise fails to comj2ly with the terms of this section then such shall be considered a breach of
this pension plan and disability pension benefits mgy be denied and/or discontinued by the
ension board upon a uniform and nondiscriminatory basis.
Sec. 16-230B. Recovery from disabili .
a Recovery and reemployment by ciU or BSO. If a service -connected disabilit
benefit recipient recovers, the board of trustees shall request the city or BSO to reinstate the
participant to his/her former position although the city or BSO is not required to do so, and if the
participant resumes or declines an offer of such employment with the city or BSO, the
participant's disability benefit will be discontinued.
bl Recovery from nonservice-connected disability and reemplovment by another
em to er. If a olive officer nonservice-connected disability recipient recovers so as to be able to
render useful and efficient service as a police officer, the p artici ant's disability benefit shall be
discontinued.
c Vestin credit during disabili . A recipient of a service -connected disability
benefit who has recovered and returned to work shall receive full vesting credit for all the time
during which the participant received a disability benefit. A recipient of a nonservice-connected
disability benefit who has recovered shall not suffer a break in service for the period of his/her
disabilit • however, in order to receive vesting credit for the period of disability, the parti62qnt
must be reinstated by the city or, if a BSO employee at the time of disability, by BSO, andp
into the fund the amount of employee contributions which would have made during the disability
had the participant not been disabledplus interest as determined by the board.
Sec. 16-230.5B. Duty to cooperate and search for work; reduction in disability benefit.
Applicants for and recipients of disability pensions must apply for social security
disability benefits long-term disability insurance benefits and for service -connected disabilit
workers' compensation benefits. Applicants must provide the information necessa to support
such claims to the insuror or Social Security Administration diligently ursue such claims and
submit to annronriate medical examinations requested by such insurors in connection with such
claims.
1
Temp. Ord. No. 1873
08/24/99
Page 102
See. 16-231B. Payment of benefits.
(a) Frequency o�pavments. Pension benefits shall be paid monthly.
b First payment. The first pqyment shall begin on the earlier of:
(1) The first day of the month on which or after the participant meets the
requirements of section 16-216B.
(2) April 1 of the calendar year following the year in which the participant
attains the a e� of seventy and one-half (70-1/2), if he retired at an earlier age.
(l , _ Last payment. The last payment shall be the month coincident with the death of
the participant or survivor, if applicable) or later depending on the form of benefit selected.
Sec. 16-232B. Calculation of benefit amount.
(a) A participant's -monthly benefit level is the product of the vesting credits earned
multiplied by the monthly benefit level provided in section 16-233B.
(b) The actual benefit amount is determined by makingtjustment, if any, for
early retirement or late retirement and for the form of benefit which the participant selects.
(c) Cost of living adjustment benefit. In any given year in which the pension plan
shall recognize an actuarial gain from favorable actuarial experience, the pension l2lan mqy paya
cost of living adjustment benefit to all participants receiving a normal retirement benefit in an
amount to be established by the board of trustees which shall not exceed two 2percent of the
current retirement benefits paid or payable to participants receiving a normal _retirement benefit
during that specific year, and the cost of which shall not exceed the amount of the aforesaid
actuarial gain. Any benefit paid to participants as a cost of living adjustment benefit shall be paid
to participants only during that specific year, and may not be _paid to participants as an
accumulation to or in conjunction with any other benefits due to participants during, any prior or
subsequent annual period.
See. 16-233B. Benefit level.
Benefit levels are:
(1) For police officers who retired or terminated employment with the city or BSO
before December 19 1997 two 2percent of average final compensation; for police
Temp. Ord. No. 1873
08/24/99
Page 103
officer's who were employed by BSO as police officers as of December 19, 1997, three
3percent of average final compensation.
(2) For police officer emRlovees who served in more than one (1_) of the city's
employee classifications and vested in more than one 1 city ensionplan:
a_ Voluntarily, the amount of _pension benefit shall be calculated b
multiplying the vesting credits earned in each classification by the benefit
level for that classification.
b. Involuntarily due to transfer to another classification due to physical or
mental disability, or the elimination, transfer or merger of the city's police
de artment or the contracting out of the work performed by an
department, the benefit level shall be calculated by multiplying the vesting
credits earned for all years of service by the benefit level for the original
pretransfer classification, provided that service as a police officer shall he
accounted for separately and benefits shall be paid accordingly from the
appropriate pension plan.
Sec. 16-233.5B. Minimum benefit amount.
The minimum total benefits paid to any participant and ioint survivor annuitant shall be at
least the amount of the participant's accumulated contributions. If, after the death. of the
participant and survivor and the payment of all benefits due pursuant to this division, the
minimum benefit has not been paid, the balance shall be paid to the participant's designated
beneficiga or, if there is no surviving beneficia the participant's estate.
Sec. 16-234B. Maximum benefit amount.
a A artici ant mqy not receive a pension benefit which exceeds the lesser of:
1 One hundred 100percent of the participant's average compensation for
the highest three 3 consecutive years as a participant in the pension plan, or
2 The maximum amount allowed under section 415 of the Internal Revenue
Code which is incolporated herein by reference.
b This section shall not Lapply if:
Temp. Ord. No. 1873
08/24/99
Page 104
(1) The participant's annual benefit under this pension plan and . all other
defined benefit plans of the participant's employer does not exceed ten thousand
dollars ($10,000.00);
(2) The participant does not participate in a defined contribution plan
maintained by the employer; and
(3) The participant has earned ten (10)vesting credits..
Sec. 16-235B. Suspension of benefits.
a The pgyment of pension benefits shall be suspended for each month a participant
works as an employee, consultant or independent contractor of the city.
b The board of trustees ma uniformly waive the provisions of this section for such
periods of time, as it deems appropriate.
Sec. 16-236B. Notice of reemployment and re -retirement.
(a) Retired participants must notify the board of trustees upon returnin try type
of work for the city within thirty 30 da s after starting work. Notice of reemployment shall be
given on a form provided by the board of trustees.
(b) A participant must notify the board of trustees upon re -retirement if the
participant returns to work for the city after having a claim filed for pension benefits. Notice of
re -retirement shall be given on a form provided by the board of trustees. Pension benefits _shall
be suspended until notice of re -retirement is given.
Sec. 16-237B. Advance determination of prohibited work.
A participant may reauest, in writing and on a form provided by the. board of trustees, an
advance determination whether certain work for the city is prohibited under this pension plan. A
written determination shall be given to the participant within sixty (,60) days of the request,
unless special circumstances such as a hearing) require additional time not to exceed one
hundred twenty"(120) days from receipt of the request.
Sec. 16-238B. Resumption of benefits.
a Benefit pgyments shall resume effective by the first day of the month after receipt
of the notice of re -retirement or verification of retirement from the participant.
Temp. Ord. No. 1873
08/24/99
Page 105
(b) The board of trustees may deduct twenty-five (25) percent of each month's benefit
payment for benefits previously made which should have been suspended. The first three 3
months are subject to offset without limitation. The board of trustees shall notify the participant
of the amount subject to offset, the manner of offset, and the months of work involved_
Sec. 16-239B. Preretirement death benefits for vested participants.
(a) Any participant, whether or not still in active employment, who has a
nonforfeitable vested right to -any portion of the accrued benefit and who dies prior to the
commencement of benefits, shall have a survivor benefit payable on the participant's behalf_.
The survivor benefit shall be pqyable to the participant's spouse unless with the spouse's consent
as specified in section 16-241B, a different beneficiary is designated by the participant. If the
deceased participant is not married at the time of death, the survivor benefit shall be paid to the
participant's designated beneficiary:
(b) The amount of the survivor benefit shall be equal to fifty (50) percent of the
actuarially equivalent single sum value of theparticipant's vested accrued benefit as of his date
of death or, of the e uivalent sin le sum value of the amount the spouse or other beneficLaa
could have received had the participant retired on the da of death and elected a one hundred
(100) percent ioint and survivor annuity, whichever is greater. If this single sum amount is less
than five thousand dollar's ($5,000.00), it shall be paid in a lump sum to the spouse or designated
beneficipa, as the case mqy be as soon as is practicable following the participant's death. If the
single sum amount exceeds five thousand dollars 5 000.00 the benefit shall be paid in the
form of an immediate monthly survivor annuity unless the beneficiary and the board agree to an
alternative actuarially equivalent form of benefit.
Sec. 16-240B. No death benefit following commencement of benefits except per
op
tions•
No death benefit shall be 12Uable on behalf of any participant who dies followin
commencement of retirement benefits except that which is a able by reason of selection of a
benefit form prior to retirement under which a death benefit is vqyable. Disability benefits are
not considered retirement benefits.
Sec. 16-241B. Spousal consent.
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/her designation of a beneficiary_ other
than his/her s ouse. ALiy such filing, with the board shall not require evidence of spousal
consent.
Temp. Ord. No. 1873
08/24/99
Page 106
Sec. 16-242B. Involuntaty lump sum distributions.
If monthly retirement income pqyable to any participant or beneficipa is less than one
hundred dollars 1.00.00 or if the single sum present value of a benefit is five thousand dollars
5 000.00 and the VUment of such benefit has not begun, the board of trustees m!qy, in its sole
discretion, pav the actuarial equivalent of such benefit in a lump sum, or in monthly installments,
without the consent of the participant or the participant's spouse.
Secs. 16-243B. -- 16-260B. Reserved.
SECTION 9: It is the intention of the City Commission and it is hereby ordained that the
provisions of this Ordinance shall become and be made part of the Code Of Ordinances of the
City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or
relettered, and the word "Ordinance" may be changed to "Section', "Article" or such other word
or phrase in order to accomplish such intention.
SECTION 10: All Ordinances or parts of Ordinances in conflict herewith 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 circumstances 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.
r-1
SECTION 12: This Ordinance shall become effective October 1,1999.
c/1`1k
PASSED, FIRST READING this v? T day of) '(1999.
PASSED, SECOND READING this goday o4uwl , 1999.
Jbf SCHREIBER, MAYOR
ATTEST:
Temp. Ord. No. 1873
08/24/99
Page 107
CAROL GOL MC/AAE
CITY CLERK
RECORD OF COMMISSIO VOTE
MAYOR
SCHREIBER
DIST 1 :
COMM. PORTN
I HEREBY CERTIFY that I
DIST 2:
V/M MISHVJ
h e a roved this
/ "'�f I AN as to form.
rn.
DIST 3:
DIST #:
COMM. SULTAN
COMM. Rt)RF . .
MITCHELL S. KRJ
CITY ATTORNEY
C