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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-0161 1 1 Temp.Ord. #2052 June 16, 2004 Page 1 of 20 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004-Z6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 16, PENSIONS AND RETIREMENT, ARTICLE V. "FIREFIGHTERS — DECLARATION OF TRUST" PROVIDING FOR ELIGIBILITY TO SERVE AS A TRUSTEE; AMENDING CHAPTER 16 PENSIONS AND RETIREMENT, ARTICLE VI "FIREFIGHTER PENSION PLAN" PROVIDING FOR DEFINITIONS; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR MILITARY AND FIREFIGHTER SERVICE PRIOR TO EMPLOYMENT BY THE CITY OF TAMARAC; ESTABLISHING A DEFERRED RETIREMENT OPTION PROGRAM (DROP); PROVIDING FOR A COST OF LIVING ADJUSTMENT FOR CERTAIN PARTICIPANTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac and the International Association of Firefighters, Local 3080, have agreed through the collective bargaining process to enhance certain pension benefits for the Firefighters of the City of Tamarac; and WHEREAS, the parties have, as required by'State of Florida Statutes, ratified such collectively bargained agreements; and WHEREAS, the Firefighters' Pension Trust Fund Board of Trustees approved the proposed changes on June 18, 2004, and WHEREAS, the City Commission has, received and reviewed an actuarial impact statement related to this change, attached hereto as Exhibit 1; 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; Coding: Words in StFUek threugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 2 of 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION_; Chapter 16, Pensions and Retirement, Article V, Firefighters - Declaration of Trust, Division 2. Board of Trustees of the City of Tamarac Code of Ordinances, is hereby amended to read as follows: Section 16-331. Members. A firefi hter who has started artici ation in the DROP after the date on which he/she began a term as a trustee shall be entitled to complete that full term. A firefighter who has started participation in the DROP for purposes of this section shall be considered to be retired. SECTION 3: Chapter 16, Pensions and Retirement, Article VI, Firefighter Pension Plan, Division 1. Generally of the City of Tamarac Code of Ordinances, is hereby amended to read as follows: Section 16-401 Definitions. Average final compensation means one -twelfth of the average Coding: Words in stF ek t"mugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 3 of 20 annual compensation, definedas total cash remuneration paid for services of the city, of the five (5) highest years of service prior to the employee's normal retirement date e, ntN into the DROP or prior to the employee's voluntary discontinuance of participation in the plan. DROP means the Deferred Retirement Option Program which is a voluntary optional form of retirement which permits employees to continue in servipe for a_limited period of time while accruing the value of retirement benefits as if the employee had separated from service and commenced retirement. Retirement or retired means the complete withdrawal of a participant from any further employment in an employment classification covered by this pension plan, except as provided in sections 16-493(c) @nd 493(d). Service means years and completed months of continuous uninterrupted employment: a full time fiFefighter of the eity- La) As a full-time firefighter Qf the City: (1) For the performance of duties; Coding: Words in StFuek thmuo type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 4 of 20 (2) For reasons other than the performance of duties, including vacations, holidays, temporary disability, illness, jury duty, military duty which interrupts service as a firefighter, administrative leave, paid leave or approved leave of absence; (3) As the result of back pay being awarded, or agreed to, by the city (irrespective of mitigation of damages). U As purchased and credited in accordance with Section 16-470. Non -covered employment: A person who is paid, or entitled to payment, by the city 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, provided that the person worked for the city in covered employment immediately before or immediately after the non -covered employment, and further provided that no resignation, discharge or retirement occurred between the covered employment and the non -covered employment, except as provided in sections 16-493 (c) and 493(d). 11 Coding: Words in StFueak thFeugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 5 of 20 SECTION 4: Chapter 16, Pensions and Retirement, Article VI, Firefighters Pension Plan, Division I. Generally of the City of Tamarac Code of Ordinances, is hereby amended as follows: Section 16-410. City Contribution. ■9MInFAi�:ri■rr•.ti■i_uM�:i:IML:JI:1:_Ii— ii=�i�n�w fiFefightefs-, shall contribute to the plan, on at least a quarterly basis, an amount, which will be sufficient to rneet the annual maintain the plan on a sound actuarial basis as required by Chapters 112 and (39) yeeFs. 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. SECTIONS: Chapter 16, Pensions and Retirement, Article VI, Firefighter Pension Plan, Division 3, Credited Service of the City of Tamarac Code of Ordinances, is hereby amended to read as follows: Section 16-470. Purchase of Service Credit. Effective April 1, 2004, a participant may purchase service credit for prior military service ,or prior service as a_ full-time professional firefighter with the 'City of Tamarac or any other governmental employer. The service credit may be purchased by payment into the pension fund of the full actuarial cost of Coding: Words in s#Fuel(thFeugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 6 of 20 ,y the „actuary for the Board the service credit. as determined b of Trustees so there is no cost to the Plan nor increased liability to the city. Purchase of service credit shall be subject to the followin conditions: La) Prior service credit under this section which is claimed for firefighting service shall only be provided for service as a full-time firefighter with any governmental employer, including the _City of Tamarac. As used in this section, "full-time firefighter" shall mean a paid, certified firefighter who was employed under conditions comparable to those of a full time Tamarac firefighter. Service credit for milita service shall only be available to persons _serving full time active„ duty in the regular armed forces of the United States, as defined by_federal law. U Prior_ service credit for either military service or firefighter service shall not exceed two (2) years. Actual prior service credit purchased shall be added to the ears of service with the City of Tamarac. Lc) Service credit shall not be„granted for service where the participant is receiving or is entitled to receive a benefit from another governmental pension plan for such service. Election to purchase service for prior firefighter service with the City, prior full-time firefighter service with another employer as defined in this section or prior re ular military service as defined in this section shall be made in writing on forms promulgated by the Board of Trustees. Payment for said service credit may be made as a lump sum, as a transfer from the participant's deferred compensation account or from any other qualified retirement plan or through payroll deductions. Purchase by payroll deductions shall be made in accordance with a schedule approved by the Board of Trustees shall be coml2leted in a period of not greater than two (2) years and shall include interest which will be calculated annually on the declining Coding: Words in St.,�oug# type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 7 of 20 balance at the actuarial rate of return applicable for the Plan for that time period. The payment method must be elected in advance and is irrevocable. Le) No credit for the service purchased shall be granted until full payment is received by the Plan. Notwithstanding any other time limitation in this section, full payment must be completed prior to the participant's actual retirement following the earlier of separation from service or entry into the DROP. f The cost of the initial actuarial estimate for the purchase of credit shall be paid by Plan. Any other requested actuarial estimates shad be paid by the participant requesting the calculation. Service credit purchased under this section shall be counted as a_vesting credit for purposes of vesting of benefits. except that the service credit purchased shall not count as a vesting_credit until a participant has obtained the five (5) vesting credits required to vest in the plan as provided in section 16-462 (b). Lh� The service credit purchased shall be credited to a participant's account upon the participant otherwise vesting_ in the plan. If a_participant terminates service prior to attaining vested status and receives a refund of employee contributions,.. ...........-------------- the amount paid for such prior service credit shall also he refunded. For purposes of this section, service credit and credited service are synonymous. SECTION 6: Chapter 16, Pensions and Retirement, Article VI, Firefighter Pension Plan, Division 4, Benefits, of the City of Tamarac Code of Ordinances, is hereby amended to read as follows: Section 16-493. Optional Benefits. Optional benefits are: Coding: Words in type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 8 of 20 O+La) Single life annuity. Any participant may file an election to receive monthly payments for life. (-;�) U Any other actuarially equivalent benefit approved by the board of trustees or provided by section 175.171. F.S., et. seq. Lc) Deferred Retirement Option Plan (DROP). A DROP, as defined in this plan, is established and shall be administered by the Board of Trustees of the City of Tamarac Firefighters' Pension Plan. Participation shall be subject to the following terms and conditions: Eligibility Effective April 1, 2004, an "eligible participant" of the City of Tamarac Firefighters' Pension Plan, which is defined as an individual current) on full-time work status, may elect to participate in the DROP on the first day of the month coincident with or next following the completion of twenty-five (25)years of credited service, which date shall constitute the "initial date of eligibility." Between the initial date of eligibility and the completion of twenty-five (25)years and six (6) months of credited service, an eligible participant may elect to participate in the DROP for the maximum period of participation, as defined in this section. Eligible participants entering after the completion of twenty-five (25) years and six (6) months of credited service shall have DROP eligibility reduced by one (1) month for each month in which participation is delayed up to the completion of twenty- eight 28 ears and six 6 months of credited service after which no further DROP eligibility shall be available. Written Election An eligible participant electing to participate in DROP Coding: Words in s#FuelcthFeugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 9 of 20 must complete and execute such. forms as may be required by the City and supplied by the Board of Trustees not less than sixty (60) days prior to entering into the DROP. The forms shall include but not be limited to an irrevocabl@ letter of resignation effective no later than the conclusion of the maximum period of DROP participation. Election into DROP is irrevocable provided, however, there is no minimum period of participation. Limitation/disqualification for other benefits An eligible participant may elect to participate in the DROP only once. After commencement of participation in DROP, a participant shall no longer earn, accrue or purchase additional service credits towards retirement benefits, including the retirement subsidy established in this plan, and shall not be eligible for disabilitX retirement benefits. pre -retirement death benefits or . later enhancements to the City of Tamarac -Firefighters' Pension Plan. u Cessation or reduction of contributions Upon the effective date of an eligible participant's participation in DROP, all contributions _byVand on behalf of the participant to the Plan shall be discontinued. Benefit calculation For all plan purposes, service and vesting credits of an eligible participant electing DROP shall be fixed as of the effective date of ^commencement of DROP participation. Any service as a firefighter after entry into DROP shall not be used for calculation or determination of benefits payable by the Plan. The average final compensation of a participant, as defined in this Plate shall be determined ps of the effective date of commencement of DFkQP participation and any subsequent earnings shall not be used for calculation or determination of benefits payable by the Plan. Coding: Words in struck threugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 10 of 20 n Benefit Credits to DROP account I) Upon entry into DROP, the monthly retirement benefit which would have been payable had the participant ceased em to ment and commenced receiving a normal retirement benefit shall be credited to the artici ant's DROP account on a monthly basis. No benefit credits from the Plan shall be made to a DROP account for more than the maximum period of DROP participation. U No participant shall receive a credit to the participant's DROP account until the required DROP forms have been submitted including the participant's irrevocable letter of resignation and the City has actually discontinued the participant's contributions to the plan. l?) DROP account earnings Each DROP account shall be eligible to earn interest in accordance with one of the following methods as elected by the participant, and such election is irrevocable: a. The DROP account shall earn interest as of each Jnnua 1 e ual to the actual net earnings of the Pension Plan for the prior Plan year as determined by the actua using the standard IRS formula for purposes of reporting the annual investment return on Schedule B Form 5500 whether or not such form is actual) required for this plan, but not less than five 2ercent 5% annually nor more than nine percent 9% annually, less the DROP's administrative fee sub'ect to confirmation through the annual Coding: Words in StFuekthFeugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 11 of 20 independent audit. In the case of a partial year's participation, interest shall be prorated to achieve the applicable rate of interest set forth in this section on an annualized basis. Interest shall be compounded annually: or b. The DROP account shall earn interest as actually realized, less the DROP's administrative fee, in any of the self - directed options selected by the participant from those made available _by the Board of Trustees. Participants in the self -directed option, by their selection of that option, agree to hold the City, the Pension Plan and the Board of Trustees harmless from any and all claims arising out of the self -directed option. Maximum period of participation An eligible garticigant may elect to participate in DROP for a maximum of thirty-six 36 months or, in the case of a participant who delayed end, until the attainment of twenty-eight (28) ears and six 6 months of service whichever occurs sooner. At the conclusion of the maximum period of DROP participation, retirement benefit payments to the DROP account shall cease and the participant's termination from employment with the City shall become effective pursuant to the irrevocable letter of resignation. (9) Administrative Fee for DROP account An annual admini§trative fee shall be charged on each January 1 for the administration and operation of a participant's DROP account at the rate of one half of one percent (0.5%). In the case of a participant who separates from service Coding: Words in stFuel( thFeugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 12 of 20 after January 1, the administrative fee shall be paid on a prorated basis for the partial year of participation. Distribution of DROP account a. Upon termination of a DarticiDant's Cit employment, whether by retirement, resignation, discharge or death, no further benefit credits shall be made to the DROP account. b. All retirement benefits paid after termination of employment shall be made directly to the participant, or in the case of death, in accordance with any survivorship option which the Darticipant elected. C. Within sixty (60) days following the end of the month in which the participant terminated employment,_ the balance of the participant's DROP account shall be paid to the participant as a lump sum or by rollover to another qualified retirement plan. The participant must elect the method of payment within fifteen (15) days following the end of DROP participation and the election shall be irrevocable. Failure to elect a payment within the prescribed time shall be deemed an election to receive payment of the entire DROP account balance in cash, less required income x to withholding_ d. Notwithstanding „the „option selected by the participant, the Board of Trustees reserves the right to accelerate payments to comply with the minimum distribution provisions of the Internal Revenue Code or to defer payments ___......_..___ _he to comply with the maximum benefit provisions of the Internal Revenue Code. Coding: Words in shethrough type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 13 of 20 Disability of a DROP participant If If the City determines that a firefighter has become unable to perform the duties of a Tamarac firefighter due to service or non -service related disability and terminates the employment of the _firefighter _for this reason, the participant shall be deemed to have retired on a service retirement and DROP participation shall end. Distribution of the DROP account balance shall be made in accordance with the provisions and requirements of this section in the manner elected by the participant. 12 Death of a DROP participant If_a DROP participant dies, the participant shall be deemed to have retired upon entry into DROP and survivorship benefits, if any, shall be paid in accordance with the participant's benefit elections upon entry into DROP. The balance in the DROP account shall be distributed in accordance with the distribution methodology elected by the participant, or if no such election has been made, the participant's designated beneficiary may elect the method of payment in accordance with the time and election requirements of this section. 13) Retirement Subsidy DROP Limitations While a participant is in the DROP, the retirement subsidy i shall not be payable. 14 Forms All forms and notices used in the administration of the DROP shall be prepared through ioint cooperation between the City of Tamarac and the Board of Trustees. Coding: Words in s#Fuel(thmuo type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 14 of 20 Back DROP (.1) Eligibility: Duration of Back -DROP election. The Back -DROP shall be defined as a partial lump sum distribution with a forward annuity for the remainder of the lifetime of the participant available only to participants_ who have _passed the initial DROP eligibility date as of the effective date of this ordinance. This sub -section sets forth rights for participation in the Back Drop and DROP. This sub -section shall be effective only for a period of ninety (90) days after the effective date of the ordinance, which 90 day_ period is defined as the "window period." Participants failing to submit a written election of participation in the Back DROP or combination of Back DROP and DROP as set forth in this sub- section within the ninety (90) day "window period" shall permanently forfeit any right to participation in the Back DROP or any combination of the Back DROP and DROP. Participants with more than Twenty-eight (28) Years and six (6) months of service. Participants who have completed twenty-eight (28)years and six (6) months of service as of the effective date of the ordinance shall be eligible during the "windowperiod" provided in this section to elect to participate in the Back DROP. Back -DROP benefits for persons with _more _than twenty-eight (28)years and six (6) months of credited service shall be up to thirty-six (36) _months of accumulated pension payments utilizing service accrued and averse final compensation based on what would have been the participant's selected date of eligibility_ had the DROP then been in existence. Anx contributions paid by the eligible participant during the Back DROP period, not to exceed thirty-six (36) months, shall be transferred to the participant's Back DROP account. The Back Coding: Words in StFuekthreugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 15 of 20 DROP account shall be credited with interest equal to five percent (5%) annually from the selected date of Back DROP initiation to the date of the artici ant's retirement resignation from employment with the city. In the case of a partial year's participation, interest shall be prorated to achieve that applicable rate of interest set forth in this section on an annualized basis. Interest shall be compounded annually. As part of the application process for Back DROP, participants shall submit an irrevocable letter of retirement resignation to take effect immediatelyupon completion of the _ Back DROP application process. Participants electing the Back DROP shall also elect a distribution methodology of the Back DROP account on the same basis as_a DROP participant as provided in section 16- 493(c) (10). u Participants with ent -five 25 ears and six (6) months of service but less than twenty-eight (28)years and six (6) months of service. Participants with over twentv-five (25) vears and six (6) months of service but less than twenty- eight (28) years and six (6) months of service, as defined by this PI n shall be eligible during the "windowperiod" provided in this section to elect to participate in a combination of Back DROP under the terms set forth in this section and in DROP for any remaining period of eligibility as defined in the Plan. Such a participant can select initiation of the Back DROP as of an date between the participant's twenty-five years of credited service and the participant's current years of credited service. Any contributions paid by the eligible participant during the Back DROP period shall be transferred to the participant's DROP account. For the eligible period selected as the Back DROP period, the participant's DROP account shall be credited with interest equal to five percent (5%_annually from the selected date of Back DROP initiation to the date Coding: Words in s#Fuelt threugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 16 of 20 of the participant's_ initiation of _current DROP with the city. In the case of a_partial year's participation, interest shall be„prorated to achieve that applicable rate of interest set forth in this section on an annualized basis. Interest shall be compounded annually. For the duration of the DROP period, the artici ant may elect an earnings accrual method in the same manner as any DROP participant. As part of the a lication process participants electing the Back DROP/ DROP combination shall submit an irrevocable letter of resignation to take effect no later than a combination of thirty six 36 months of Back DROP and DROP participation. which must take effect by the date of the participant's twenty- eight years and six months of credited service. Participants electing the Back DROP/ DROP combination shall also elect a distribution methodology 0 0 on the basis „ ..,.._ gy as a_ DROP participant as provided in section 16-493 (c) (10� W Duration of this subsection. This sub -section shall automatically be repealed without further action of the Tamarac Cit Commission at the end of the "window eriod" as defined in section 16-493 (d) (1). SECTION 7: Chapter 16, Pensions and Retirement, Article VI, Firefighter Pension Plan, Division 4, Benefits, of the City of Tamarac Code of Ordinances, is hereby amended to read as follows: Section 16-495. Revocation of election. (a) No revocation of a resignation from, employment with the City which is made as part of an election to a Deferred Retirement O tion Plan DROP may be made by a participant. However, an earlier separation of service may be made b a participant. Coding: Words in StFu k thFough type are deletions from existing laws; Words in underscored type are additions. 1 i 1 Temp.Ord. #2052 June 16, 2004 Page 17 of 20 (,a-)(b) Other than participants who have elected DROP, 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 writing, signed by the participant. (b)(c ) After benefits have commenced, a retired participant may change her or his designation of joint annuitant or beneficiary twice in the manner prescribed in section 175.333, F.S. SECTION 8: Chapter 16, Pensions and Retirement, Article VI, Firefighter Pension Plan, Division 4, Benefits, of the City of Tamarac Code of Ordinances, is hereby amended to read as follows: Section 16-503. Calculation of benefit amount. (c) Cost of living adjustment benefit. 0) For participants retired on or before September 30, 2002, in any given year in which the pension plan shall recognize an actuarial gain from favorable actuarial experience, the pension plan may 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 (2) percent 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, as provided in this sub -section, 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 Coding: Words in s#FUek threugh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 18 of 20 subsequent annual period. 2 For participants whowere employed p ip in active .. service by the cty_on or after October 1, 2002, and who subsequently have retired, only the cost -of -living adjustment described in this sub- section shall apply. As of each Janua 1 the retirement benefits only as provided under sections 16-497 and 16-504 of participants who retired at least three (3) years prior to such January 1 (which _shall include all „Back DROP participants from the date of initiation of their Back DROP) with normal service retirement, early service retirement or disability retirement shall be increased by two percent (2%) compounded annually. Deferred vested members who do not retire immediately following termination of their employment with the City shall not be eligible for a cost -of -living adjustment. SECTION 9: Chapter 16, Pensions and Retirement, Article VI, Firefighter Pension Plan, Division 4. Benefits, of the City of Tamarac Code of Ordinances, is hereby amended to read as follows: Section 16-507. Suspension of benefits. (a) Except for participants who have elected and are currently employed_by_the City under a DROP, the payment of pension benefits shall be suspended for each month a participant works as a firefighter, consultant or independent contractor of the City. (b) The board of trustees may uniformly waive the provisions of this section for such periods of time, as it deems appropriate. SECTION 10: Chapter 16, Pensions and Retirement, Article VI, Firefighter Pension Plan, Division 4, Benefits, of the City of Tamarac Code of Ordinances, is hereby amended Coding: Words in StMeakthFeuo type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 19 of 20 to read as follows: Section 16-508. Notice of reemployment and retirement. (a) Except for participants who have elected and are currently employed by the City under a DROP, retired participants must notify the board of trustees upon returning to 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. (b) Except for participants who have elected and are currently employed by the City under a DROP, 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. SECTION 11: It is the intention of the City Commission and the Plan's Board of Trustees to seek a favorable determination letter from the IRS concerning the Retirement Plan, including all provisions of the DROP. 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 re -lettered, 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 Coding: Words in s#FUel(thFedgh type are deletions from existing laws; Words in underscored type are additions. Temp.Ord. #2052 June 16, 2004 Page 20 of 20 applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 15: This Ordinance shall become effective on adoption. PASSED, FIRST READING this 23rd day of June, 2004. PASSED, SECOND READING this 14t" day of July, 2004. L: J, SCHREIBER, MAYOR ATTEST: r RECORD OF COMMISSION VOTE: 1st Rea Ing MARION S NSON, CMC MAYOR SCHREIBER 11 CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd ading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 4: COMM ROBERTS MITCHELL S, CITY ATTO Coding: Words in stFuel(thmuo type are deletions from existing laws; Words in underscored type are additions. EXHIBIT 1 == SOUTHERN _= ACTUARIAL SERVICES June 14, 2004 04 JUN 16 Fin' 1: 37 Trustees of the City of Tamarac Firefighters' Pension Fund c/o Mr. Daniel E. Gatzulis First Benefit Services, Inc. 7930 U.S. Highway 301 North, #A Tampa, FL 33637 Re: City of Tamarac Firefighters' Pension Plan Ladies and Gentlemen: POST 01TIff Box 68839 ATLANTA, GEOR6IA 30356-q3 3 TELEPHONE RO-392.0980 fA(SIMILE RO-392.2193 WWW.SOUTHERNA(TUARIAL (OM Pursuant to your request, I have enclosed the impact statement for the proposed ordinance for subject plan submitted to me by Ms. Maria Swanson earlier today. Once the ordinance has been adopted, you should fill in the ordinance number in the spaces provided and have the Chairman sign the statement. Then the statement should be submitted to the Division of Retirement in accordance with Chapter 112, Florida Statutes, along with a copy of the ordinance. If you have any questions concerning the enclosed, please do not hesitate to call me. 11 Sincerely, Charles T. Carr Consulting Actuary Enclosure as stated cc: Ms. Maria Swanson (w/ enclosure) OUR Offl(E IS LOCATED AT 7876 ROSWELL ROAD, SUITE 100, AUNTA, 61096IA 30350 CIT`ir OF TAMARAC FIREFIGHTERS' PENSION PLAN I have enclosed a copy of Ordinance 2004. Of the City of Tom, whit ordinance makes the following changes to the City of Tamarac Fiarefightem, pension plan; (1) Effective April 1, 2004, parricipwas will be allowed to purchase up to two years of credit for prior military or full time firefighter service by paying the All ach�al cost thereof into the pension fund; (2) A Deferred Retirement Option Plan (DROP) will be available to those participants who have earned 25 years of service, with a three-year limit on participation to the DROP and an interest credit equal to the return on the market value of assets subject to a S% to 9% corridor minus a %% administrative charge (or the actual investment return for those participants who elect the self -directed option); (3) A "BACKDROP" which is temporarily available to those participants who would have become eligible)br, the DROP had it been in effect for the past three years, and (4) An automatic 2% compounded annual cost -of living adjustment etj`ecdve each January 1 for all participants who retire from active serve after October I, 2002 and who have been retired for at least three years. The Alan's enrolled actuary, Charles T. Carr of Southem Actuarial Services Company, Inc., was Provided with a copy of the proposed ordinance. In addition, the described plan change meets the requirements of Part VIL Chapter 112, Florida Statutes, and Section 14, Article X of the State Constitution. Randy E. Correll Chairman, Board of Trustees PARS' TWO: CERTIE1ATIOA OF = MROUEDRy Chapter 112 requires disclosure of the effect of changes in assumptions,, methods, and plan Provisions on certain liabilities. I have determined the impact of Ordinance 2004- The ordinance is anticipated to increase the annual contribution required from the City, by $369,379, or 7.51 % of payroll, which amount reflects an increase in normal cost of $77,068 and an increase in amortization payments of S292,311. Ed WUOO : T T VOW z T -unr £6 T M6£0LL : 'ON XUJ 0O sao I A83s 1b I auniDU N63Hinos : wwA City of Tamarac Firefighters' Pension Plan Impact Statement for Ordinance_2004- (continued) The following table sets forth the required disclosures in connection with the plan changes which have been described above: As of October 1, 2003 Old Plan Provisions As of October 1, 2003 ew Plan Provisions Present value of future expected benefit payments: for active members $', 35,629,221 $ 39,561,144 for terminated vested members 19,750 19,750 for retired members and beneficiaries 2,725,380 2,916,577 total $ 38,374,351 $ 42,497,471 Actuarial accrued liability $ 28,274,076 $ 32,155,283 Actuarial value of assets S (19A26.170) S (19,426,170) Unfunded actuarial accrued liability $ 8,847,906 $ 12,729,113 Actuarial present value of accrued benefits $'' 21,375,469 $ 24,531,188 Present value of active members': Future salaries $ 40,182,654 $ 40,182,654 Future contributions $' 3,616,439 $ 3,616,439 Present value of future contributions from the City $ 15,331,742 $ 19,454,862 Total annual compensation $ 4,919,730 $ 4,919,730 Minimum required contribution (beginning of year): Annual normal cost $ 1,262,512 $ 1,339,580 Amortization payment $ 662,752 $ 955,063 Expected participant contribs. $ (442,776) $ (442.776) Total $ 1,482,488 $ 1,851,867 City of Tamarac Firefighters' Pension Plan Impact Statement for Ordinance 2004- (continued) This actuarial valuation and/or cost determination was prepared and completed by me or under my direct supervision and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate and, in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statutes. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. Respectfully submitted, Charles T. Carr, A.S.A. Consulting Actuary Enrolled Actuary No. 02-04927