HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-010Temp. Ord. #2087
June 1, 2005
Page 1 of 6
Rev. #1 — 06/20/05
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2005-t 0
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AMENDING THE CITY OF
TAMARAC CODE OF ORDINANCES BY SPECIFICALLY
AMENDING PART 11, CHAPTER 16, PENSION AND
RETIREMENT, ARTICLE 11. DECLARATION OF TRUST,
DIVISION 2. BOARD OF TRUSTEES, SECTION 16-56.
MEMBERS TO DELETE THE APPOINTMENT OF A
MEMBER OF THE BOARD BY THE FINANCE DIRECTOR
AND REPLACING THAT POSITION WITH AN ELECTED
MEMBER; AMENDING ARTICLE III. PENSION PLAN,
DIVISION 1. DEFINITIONS, SECTION 16-126. GENERAL
EMPLOYEE TO PROVIDE FOR THE EXCLUSION OF
ADMINISTRATIVE, MANAGERIAL/PROFESSIONAL AND
EXECUTIVE POSITIONS FROM THE DEFINITION OF
GENERAL EMPLOYEE; AMENDING ARTICLE III.
PENSION PLAN, DIVISION 3. CREDITED SERVICE,
SECTION 16-191. PARTICIPATION TO PROVIDE THE
OPTION FOR CERTAIN EMPLOYEES TO PARTICIPATE
IN A NEW DEFINED BENEFIT PENSION PLAN; SECTION
16-198 REFUND OF CONTRIBUTIONS TO PROVIDE FOR
A REFUND OF CONTRIBUTIONS TO PARTICIPANTS
WHO TRANSFER TO NEW PLAN; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, there are opportunities for City of Tamarac employees to accrue
pension benefits in the various pension plans offered by the City, through employment
in job classifications covered by the different pension plans; and
WHEREAS, the City is establishing a defined benefit pension plan designed for
elected, appointed, executive, managerial/professional and administrative non -
bargaining employees which requires certain changes to be made to these employees'
eligibility to participate in this plan; and
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Temp. Ord. #2087
June 1, 2005
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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; 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 Section 16-56, Division 2, Article II, Chapter 16, of the City of
Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-56. Members.
(a) The plan shall be administered by five (5) trustees and four
(4) alternate trustees, as follows:
(1) Two (2) Three 3 trustees and two (2) alternates shall
be elected by the plan participants.
(2) One (1) trustee and one (1) alternate shall be
appointed by the mayor, from members of the city commission, who
may also serve as trustee for either the police officer plan or the
firefighter plan or both plans.
(3) One (1) trustee and one (1) alternate shall be
appointed by the city manager who may also serve as trustee for
either the police officer plan or the firefighter plan or both plans.
(v4) The trustees and alternates elected by plan
participants, must be or have been members of the plan.
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June 1, 2005
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(65) The mayor; and city manager
may appoint themselves as trustees or alternates. Should the
mayor appoint another person, as trustee or alternate, that person
must, at all times while serving as a trustee or alternate, be a
member of the city commission. Should the city manager OQ,—�;ee
d+reeter appoint another person, as trustee or alternate, that person
must, at all times while serving as a trustee or alternate, be an
employee.
(76) Alternate trustees shall, in the absence of the
regularly appointed trustees, have all of the powers of trustees.
Section 3: That Section 16-126, Division 1, Article III, Chapter 16, of the City
of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-126 Definitions
General employee means any person employed by the city other than a
police officer, firefighter, temporary employee of elected official, or
employee promoted,appointed or recategorized to any executive,
managerial/professional or administrative position on or after September
3, 2005.
Section 4: That Section 16-149, Division 3, Article III, Chapter 16, of the
City of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 16-149. Benefits not assignable.
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, and the defined benefit pension
Ian established by the City of Tamarac Elected and
Appointed Officers and Non -Represented Employee
Retirement Plan, that accepts the distributee's eligible
rollover distribution. However in the case of an
eligible rollover distribution to the surviving spouse, an
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June 1, 2005
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eligible retirement plan is an individual retirement
account or individual retirement annuity.
Section 5: That Section 16-191, Division 3, Article III, Chapter 16, of the City
of Tamarac Code of Ordinances, be and is hereby amended as follows:
Sec. 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:
(4) Any person who on or before September 2 2005 was
+n+t+ally employed as, promoted to, or recategorized to any of the
classifications designated or categorized as executive,
managerial/professional or administrative as established by
Resolution No. R-95-224 and/or subsequent amendments to said
resolution, shall,
eF, eleet to --tie-pate or
on or before
September 2 2005 elect to pgrticipate in this plan or to participate
in the defined benefit pension plan established by the City of
Tamarac Elected and Appointed Officers and Non -Represented
Employees Retirement Plan. Any such election made by the
employee shall be irrevocable for as long as the employee is
employed in an executive managerial/professional or
administrative position.
Should any participant elect to discontinue participation in the plan as permitted
above or upon being promoted or recategorized to an executive,
managerial/professional or administrative position, then the participant, for the
purposes of the pension plan only, shall be considered as having suffered a
break in service pursuant to sections 16-196 and 197 and 190 hereof and, if
vested, shall be considered to have terminated employment for purposes of
sections 16-199 and 16 243 hereof or, at the participant's option, the participant
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June 1, 2005
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Rev. #1 — 06/20/05
can elect not to suffer a break in service in which case no benefits or refund of
contributions shall be payable until the participant terminates all city employment
and otherwise qualifies for a benefit or refund of contributions hereunder. The
participant's entitlement to benefits hereunder shall be governed by the plan
provisions in effect at the time of such discontinuance.
Section 6: That Section 16-198, Division 3, Article III, Chapter 16, of the City
of Tamarac Code of Ordinances, be and is hereby amended as follows:
Section 16-198. Refund of contributions.
(a) A participant who is not vested and suffers a break in service shall
receive a refund of the participants' accumulated contributions plus interest at the
rate of five (5) percent 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 plus interest 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.
U A participant who elects or is re uired to participate in the defined
benefit pension plan established by the City of Tamarac Elected and Appointed
Officers and Non -Re 12 resented Employees Retirement Plan may, in lieu of
receiving any benefits from this pension Ian direct that the participant's
accumulated contributions plus interest at the rate of five 5 ercent be aid
directly to the defined benefit pension plan. established by the City of Tamarac
Elected and Appointed Officers and Non -Represented Employees Retirement
Plan in a direct roll over -pursuant to section 16-149 (c).
Section 7: 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 8: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
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June 1, 2005
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Section 9: 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.
Section 10: This Ordinance shall become effective on adoption.
PASSED, FIRST READING this E day of JtX, e , 2005.
PASSED, SECOND READING this 21 day of Jcne , 2005.
ATTEST:
ik
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
SAMUE StG
INTERIM CITY ATTORNEY
4E SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR SCHREIBER AVP_
DIST 1: COMM. PORTNER f
DIST 2: V/M TALABISCO ' 1 r
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS P_
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF AYE
DIST 4: COMM. ROBERTS
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