HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-026Temp. Ord. #1909 - August 14, 2000
Revision #1 - August 17, 2000
Revision #2 — August 21, 2000
Revision #3 — August 22, 2000
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2000 --AK
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER
16, PENSIONS AND RETIREMENT ARTICLE V
FIREFIGHTERS DECLARATION OF TRUST, DIVISION 2
BOARD OF TRUSTEES, SECTION 16-342 CONDUCT OF
TRUST BUSINESS, DELETING REFERENCE TO THE
TERM EMPLOYEES AND REPLACING THE TERM WITH
FIREFIGHTER; AMENDING ARTICLE VI FIREFIGHTER
PENSION PLAN, DIVISION 1 GENERALLY, SECTION 16-
401 DEFINITIONS, CHANGING THE DEFINITION OF
MARRIAGE; AMENDING SECTION 16-406 EXHAUSTION
OF CLAIMS REVIEW PROCEDURE, DELETING TIME
REQUIREMENTS; AMENDING DIVISION 3 CREDITED
SERVICE, SECTION 16-466 BREAKS IN SERVICE,
PROVIDING FOR COMPLIANCE WITH CHAPTER 175
FLORIDA STATUTES; AMENDING DIVISION 4
BENEFITS, SECTION 16-496 RIGHT TO DISABILITY
BENEFITS, SECTION 16-607 SUSPENSION OF
BENEFITS, SECTION 16-508 NOTICE OF RE-
EMPLOYMENT AND RE -RETIREMENT, ADDING DIRECT
REFERENCE TO THE TERM FIREFIGHTER; AMENDING
SECTION 16-511 PRE -RETIREMENT DEATH BENEFITS
FOR VESTED PARTICIPANTS, PROVIDING FOR
COMPLIANCE WITH CHAPTER 175 FLORIDA STATUTES
AND PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted amendments to Chapter 175 of the
Florida Statutes that require specific actions as related to Firefighter Pension Trust
Funds; and
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Words underscored are additions.
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Temp. Ord. #1909 - August 14, 2000
Revision #1 - August 17, 2000
Revision #2 — August 21, 2000
Revision #3 — August 22, 2000
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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 V, Division 2, Section 16-342, of the City of
Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-342 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, 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
employees -'firefighters' pension trust fund.
SECTION 3: That Chapter 16, Article VI, Division 1,Section 16-401, of the City of
Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec.16-401. Definitions.
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Temp. Ord. #1909 - August 14, 2000
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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 4: That Chapter 16, Article VI, Division 1, Section 16-406, of the City
of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-406 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 16-405, unless the board of trustees fails to
render a decision as provided in 16-405(c). in nG Gase, howeveF, shall any art' -
be brought unless instituted w0thiR 9R9 (4) year fte.m.-f-he ti.m.e the rdaimant
494.
SECTION 5: That Chapter 16, Article VI, Division 3, Section 16-466(b), of the
City of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-466. Breaks in service.
(b) A break in service shall not occur if the participant is not employed due to
the participant:
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Temp. Ord. #1909 - August 14, 2000
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Revision #2 — August 21, 2000
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(1) 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 175, Florida Statutes;
SECTION 6: That Chapter 16, Article VI, Division 4, Section 16-496(c)(1) b., of
the City of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-496. 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 sucAa
firefighter;
SECTION 7: That Chapter 16, Article VI, Division 4, Section 16-507(a), of the
City of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-507. Suspension of Benefits.
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Temp. Ord. #1909 - August 14, 2000
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(a) The payment of pension benefits shall be suspended for each
month a participant works as ,n eempleyeea firefighter, consultant
or independent contractor of the city.
SECTION 8: That Chapter 16, Article VI Division 4, Section 16-508(a), of the City
of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-508. Notice of reemployment and re -retirement.
(a) Retired participants must notify the board of trustees upon returning
to any type of work for the city as a firefighter within thirty (30) days after starting
such work. Notice of reemployment shall be given on a form provided by the
board of trustees.
SECTION 9: That Chapter 16, Article VI, Division 4 Section 16-511, of the City of
Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-511 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
,
different beneficiary., isas designated by the participant-, in accordance with
Chapter 175, F. S. If the deceased participant is not.m.—arried at the tirne of death
the g6upr . vGF benefit shall be paid to the partiGipa has no designated
beneficiary at the time of death, the survivor benefit shall be paid to the
participant's estate in accordance with Chapter 175 F.S.
(b) The amount of the survivor benefit shall be equal to fifty ( 0)
the participant's vested
accrued benefit as of the date of death or, ef-the equivalent single sum value of
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Temp. Ord. #1909 - August 14, 2000
Revision #1 - August 17, 2000
Revision #2 — August 21, 2000
Revision #3 — August 22, 2000
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the amount the 6pouse or othefde§ignated 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 thousand dollar's ($5000.00), 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
five thousand dollars ($5000.00), 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
nonforfeitable (vested) right to any portion of an accrued benefit, shall have a
survivor benefit payable on the participant's behalf. The survivor benefit shall be
payable to the participant's beneficiary as designated by the participant in
accordanceF. S., in the form of the return of the participant's
_ with Chapter 17 5, F.
accumulated p contributions us interest at the rate of five (5) percent per annum.
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SECTION 10: 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 11: Conflicts: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 12: Severability: 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
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Words underscored are additions.
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Temp. Ord. #1909 -August 14, 2000
Revision #1 - August 17, 2000
Revision #2 — August 21, 2000
Revision #3 — August 22, 2000
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without the invalid provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
SECTION 13: Effective date: This Ordinance shall become effective
December 31, 1999.
PASSED, FIRST READING this c,9 3 day of , 2000.
PASSED, SECOND READING this ` day of, 2000.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
I HE�EBY CERTIFY that I have
a�pr ved thi grdinance as toff
IId,�TCHELL S. KRAF'
CITY ATTORNEY
i MIN �.
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN 4&
DIST 3: COMM. SMTW)4
DIST a: VIM ROBERTS
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Words underscored are additions.