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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-025Temp. Ord. #1908 - August 14, 2000 Revision #1 - August 18, 2000 Revision #2 — August 21, 2000 Revision #3 — August 22,2000 Page 1 of 8 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2000 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 16, PENSIONS AND RETIREMENT, ARTICLE VII POLICE OFFICERS DECLARATION OF TRUST, DIVISION I GENERALLY, SECTION 16-543 ESTABLISHMENT OF PLAN, PROVIDING FOR COMPLIANCE WITH CHAPTER 185 FLORIDA STATUTES; AMENDING DIVISION 2 BOARD OF TRUSTEES, SECTION 16-582 CONDUCT OF TRUST BUSINESS, PROVIDING FOR THE DELETION OF THE TERM EMPLOYEES AND REPLACING THE TERM WITH POLICE OFFICER; AMENDING ARTICLE VIII PENSION PLAN, DIVISION I GENERALLY, SECTION 16-636 DEFINITIONS, PROVIDING FOR A CHANGE IN THE DEFINITION OF THE TERM MARRIAGE; AMENDING SECTION 16-641 EXHAUSTION OF CLAIMS REVIEW PROCEDURE, DELETING TIME REQUIREMENTS; AMENDING DIVISION 3 CREDITED SERVICE, SECTION 16- 69E BREAKS IN SERVICE, PROVIDING FOR COMPLIANCE WITH CHAPTER 185 FLORIDA STATUTES; AMENDING DIVISION 4 BENEFITS, SECTION 16-726, RIGHT TO DISABILITY BENEFITS, SECTION 16-737, SUSPENSION OF BENEFITS AND SECTION 16-738, NOTICE OF REEMPLOYMENT AND RE -RETIREMENT, ADDING THE TERM POLICE OFFICER; AMENDING SECTION 16-741 PRE -RETIREMENT DEATH BENEFITS FOR VESTED PARTICIPANTS, PROVIDING COMPLIANCE WITH CHAPTER 186 FLORIDA STATUTES AND PROVIDING FOR A SAVINGS CLAUSE; AMENDING SECTION 16-744 INVOLUNTARILY LUMP SUM DISTRIBUTION, PROVIDING COMPLIANCE WITH CHAPTER 185 FLORIDA STATUTES RELATING TO LUMP SUM PAYMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Coding: Words are deletions from existing law. Words underscored are additions. Temp. Ord. #1908 - August 14, 2000 Revision #1 - August 18, 2000 Revision #2 — August 21, 2000 Revision #3 — August 22, 2000 Page 2 of 8 WHEREAS, the Florida Legislature adopted amendments to Chapter 185 of the Florida Statutes that require specific actions as related to Police Officers Pension Trust Funds; 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. 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 VI I, Division 1, Section 16-543, of the City of Tamarac Code of Ordinances, be and is hereby amended by adding the following subsection: Sec. 16-543 Establishment of plan. (c) Such pension plan shall at all times comply with Chapter 185, pp , Florida Statutes and all other applicable stateand federal laws. ._ SECTION 3: That Chapter 16, Article VII, Division 2, Section 16-582, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Coding: Words struGk through are deletions from existing law. Words underscored are additions. 1 1 Temp Ord. #1908 - August 14, 2000 Revision #1 - August 18, 2000 Revision #2 — August 21, 2000 Revision #3 — August 22, 2000 Page 3 of 8 Sec. 16-582. 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., and all other applicable law. The trustees shall hold, manage and protect the trust find and collect the income therefrom and contributions thereto. The trustees may in the course of doing the business of the trust execute all instruments in the name of the city fees' olice officers' pension trust fund. SECTION 4: That Chapter 16, Article VIII, Division 1, Section 16-636, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec.16-636. Definitions. 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; er SECTION 5: That Chapter 16, Article VIII, Division 1, Section 16-641, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-641 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 16-640, unless the board of trustees fails to render a decision as provided in 16-640(c). in nO Gase, however, be brought unless OR65fit-ItAd I.Alithin ORe (1) year from the fi—e- -the Glaimant. Coding: Words atr Gk thFough are deletions from existing law. Words underscored are additions. Temp. Ord. #1908 -August 14, 2000 Revision #1 - August 18, 2000 Revision #2 — August 21, 2000 Revision #3 — August 22, 2000 Page 4 of 8 649- SECTION 6: That Chapter 16, Article VIII, Division 3, Sections 16-696(c) & (d), of the City of Tamarac Code of Ordinances, be and are hereby as follows: Sec. 16-696. Breaks in service. (c) Entering into the Armed Forces of the United States, provided the person returns to work in covered employment within the period of time provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA); and Chapter 185 Florida Statutes; rr-k�!M"-IMIMMMMM- - SECTION 7: That Chapter 16, Article VIII, Division 4, Section 16-726(c)(1) b., of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-726. Right to disability benefits. (c) Nonservice-connected. A nonservice-connected disability benefit shall be payable if a participant: (1) (b) With ten (10) or more vesting credits who has suffered a nonservice- connected injury, illness, disease or disability and is wholly prevented from rendering useful and efficient service as spa police officer; Coding: Words strwGk through are deletions from existing law. Words underscored are additions. Temp. Ord. #1908 - August 14, 2000 Revision #1 - August 18, 2000 Revision #2 -- August 21, 2000 Revision #3 — August 22, 2000 Page 5 of 8 SECTION 8: That Chapter 16, Article VIII, Division 4, Section 16-737(a), of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-737. Suspension of Benefits. (a) The payment of pension benefits shall be suspended for each month a participant works as an omniGyeeg_ o_ lice officer, consultant or independent contractor of the city. �� SECTION 9: That Chapter 16, Article VIII, Division 4, Section 16-738(a), of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-738. Notice of reemployment and re -retirement. (a) Retired participants must notify the board of trustees upon returning to any type for the city as a police officer within thirty (30) days after starting such work. Notice of reemployment shall be given on a form provided by the board of trustees. SECTION 10: That Chapter 16 Article VIII, Division 4 Section 16-741, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-741 Pre -retirement 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 payable to the participant's Coding: Words 6truck through are deletions from existing law. Words underscored are additions. Temp. Ord. #1908 -August 14, 2000 Revision #1 - August 18, 2000 Revision #2 — August 21, 2000 Revision #3 — August 22, 2000 Page 6 of 8 r,pe use unless, with the —spouse's GGnr6cT t as snpe6iTFR vt=niFon 16_51 Q, a diffeFeR beneficiary +sas designated by the participant-, in accordance with Chapter 185, F. S. If the deceased participant at the time of death-, the survivor benefit 6hall be paid to the partiGip has no designated beneficiary at the time of death, benefit shall be paid to the ene icia the survivor participant's estate in accordance with Chapter 185 F.S. (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 the date of death or, of the equivalent single sum value of the amount the spGw6e or #i rdesi� nq ated 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 twenty-five theusandhundred dollar's ($25000.00), 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 twenty-five thousandhundred dollars ($25000.00), 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. c) Any participant, in active employment, who dies without a y portion d fit, shall have a nono.__ elta a (vested) right to an ort! of an accruebenefit, , survivor benefit payable on the participant's behalf. The survivor benefit shall be to the participant's beneficiary as de .p _ .._ .g _ _ v the participant in payable artici si Hated b accordance with Chapter 185 F. S. in the form of the return of the participant's accumulated contributions plus interest at the rate of five (5) percent per annum. SECTION 11: That Chapter 16, Article VIII, Division 4, Section 16-744, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-744. Involuntary lump sum distribution. If the monthly retirement income payable to any participant or beneficiary is less than one hundred dollars ($100.00) or if the single sum present value of a benefit is five thousafldtwenty-five hundred dollars ($5000.QQ2500.00) and the payment of such benefit has not begun, the board of trustees may, in its sole discretion, pay the actuarial Coding: Words strwGk thro gl are deletions from existing law. Words underscored are additions. Temp. Ord. #1908 - August 14, 2000 Revision #1 - August 18, 2000 Revision #2 — August 21, 2000 Revision #3 — August 22, 2000 Page 7of8 equivalent of such benefit in a lump sum, or in monthly installments, without the consent of the participant or the participant's spouse or beneficiary. SECTION 12: 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 13: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 14: 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. Coding: Words struck throw914 are deletions from existing law. Words underscored are additions. Temp. Ord. #1908 - August 14, 2000 Revision #1 - August 18, 2000 Revision #2 — August 21, 2000 Revision #3 — August 22, 2000 Page 8 of 8 SECTION 15: This Ordinance shall become effective December 31, 1999. PASSED, FIRST READING this o23 day of , 2000. PASSED, SECOND READING this day of),", 2000. PW _.Ad �VA'00. W ATTEST: MARION SWEN ON, CIVIC RECORD OF COMMISSION VOTE CITY CLERK r, I HEREBY CERTIFY that I have amroked this Ordinance as to fo L .. M CHELL CITY ATTORNEY MAYOR SCHREIBER DIST 1: COMM. DIST $: COMM. DIST 9: COMM. DIST 4. VIM ROBERTS Coding; Words are deletions from existing law. Words underscored are additions.