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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-011Temp. Ord. #2086 June 1, 200S Revised June 8, 2005 Page I of 34 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005-11 AN ORDINANCE AMENDING CHAPTER 16, OF THE CODE OF THE CITY OF TAMARAC ENACTING A NEW ARTICLE IX, CREATING A PENSION PLAN AND TRUST FUND FOR ELECTED AND APPOINTED OFFICIALS, EXECUTIVE, MANAGERIAL/PROFESSIONAL, AND NON - REPRESENTED ADMINISTRATIVE EMPLOYEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. IWHEREAS, the City of Tamarac is interested in attracting and retaining qualified employees; and WHEREAS, the City Commission desires to adopt a separate pension plan for elected and appointed officials, executive, managerial/professional, and non -represented, administrative employees which is not impacted by collective bargaining issues applicable to rank and file employees; and WHEREAS, the City Commission has reviewed the actuarial impact statement prepared to estimate the costs associated for such a plan as proposed herein and has determined the costs of I this plan as set forth in the actuarial impact statement attached hereto as Exhibit "A" and incorporated herein by this reference Temp. Ord. #2086 June 1, 2005 Revised June 8, 200S Page 2 of 34 to be acceptable for the establishment and operation of this plan; and WHEREAS, the City Commission has determined that this plan is in the best interests of the city, its residents and employees; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Tamarac: Section 1. A new retirement plan is hereby created to read as follows: ARTICLE IX. I SECTION 16-900. RETIREMENT PLAN ESTABLISHED; NAME; OPERATIVE T% R M" A. A Retirement Plan is hereby established and placed under the exclusive administration and management of a Board of Trustees for the purpose of providing retirement benefits pursuant to the provisions of this Ordinance and for defraying the reasonable expenses of the Retirement Plan. B. The Retirement Plan established by this Ordinance shall be known as the City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan. SECTION 16-901. DEFINITIONS. The following words and phrases as used in this Ordinance shall have the following meanings: I E A. Accumulated Contributions B. Active Membership C. Actuarial Equivalent I E. Beneficiar F . Benef it G. Board or Board of Trustees I Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 3 of 34 shall mean the sum of all amounts deducted from a member's compensation or picked up on behalf of a member, together with regular interest. shall mean membership in the Retirement Plan as an employee. shall mean a benefit having the same present value as the benefit it replaces. The Board, in consultation with the actuary, shall adopt a uniform policy. shall have a conjunctive meaning. shall mean any person, other than a retired member, receiving a retirement allowance or other benefit from the Retirement Plan. A retired member shall be referred to as a retiree. shall mean a retirement allowance or other payment provided by the Retirement Plan. shall mean the Board of Trustees of the Retirement Plan. H . C �t I. Compensation J. Credited Service K. Deferred Vested member Temp. Ord. #2086 June 1, 200S Revised June 8, 2005 Page 4of34 shall mean the City of Tamarac, Florida. shall mean a member's total cash remuneration for services rendered, excluding bonuses, employer contributions to any health, dental, disability or related insurance program, medical or child care reimbursement, employer contributions to a deferred compensation program under Section 457 of the Internal Revenue Code, or cash payments of unused, accumulated leave payable upon separation from the City. shall mean membership credit upon which a member's eligibility to receive benefits under the Retirement Plan is based or upon which the amount of such benefits is to be determined, measured in years and completed months. This term shall be interchangeable with covered service and covered employment. shall mean an employee separating service with a vested interest, but prior to eligibility I L. Early Service Retirement M. Employee I N. Final Monthly_Compensation I Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 5 of 34 for a normal service or early service retirement. shall mean a member's withdrawal from service under circumstances permitting the payment of a I retirement benefit before such member is eligible for normal service retirement under the terms of this plan. shall mean an elected official of the City; or an appointed official of the city; or an executive, managerial/professional, or non -represented administrative employee employed by the City in a full-time capacity as defined by City work rules. This definition excludes police officers, firefighters, and all other employees of the City eligible by law to be represented in a collective bargaining unit. service as an employee in this Plan shall also be referred to as covered employment. shall mean a member's average monthly rate of compensation from the City during the sixty (60) consecutive months rom UO 9 ffl Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 6of34 of employment which is greater than the total of any other sixty (60) consecutive months; provided that if a member has been employed for fewer than sixty (60) it months in a position covered by this Plan, such average shall be taken over the period of actual credited service. Fund or Trust shall mean the City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Fund. May shall mean a permissive term. member shall mean an elected officer of the City; or appointed officer of the City; or an employee not eligible to be represented in a collective bargaining unit, who is actively employed by the city on a full-time basis, as determined by City work rules, for whom contributions to the Retirement Plan are made as required by this Ordinance. option shall mean one of several choices available to Temp. Ord. #2086 June 1, 200S Revised June 8, 2005 Page 7of34 members with respect to the manner in which a retirement allowance may be paid. S. Pension shall mean a series of periodic payments, payable in monthly installments for a period of not less than the life of the member. T. Pick-UlD Amounts shall mean employer contributions derived from a member's compensation through a reduction in the member's compensation. U. Plan Year shall mean the period from October 1 through September 30 of the following year. V. Retirement shall mean a member's withdrawal from active employment with a retirement benefit granted to the member pursuant to the provisions of this ordinance. W. Retirement Allowance shall mean a pension provided by the Retirement Plan. X. Retirement Plan shall mean the City of Tamarac Elected and Appointed Officers and VA Z. Non -Represented employee Service Retirement AA. Trustee BB. Vested Benefit CC. Vestinq Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 8 of 34 Non -represented Employees Retirement Plan. shall mean an executive, professional/managerial, or administrative confidential employee of the City who is not eligible to be represented in a collective bargaining unit. This definition shall also include elected and appointed officers of the City. shall mean a member's retirement from active employment under circumstances permitting payment of a retirement allowance without reduction because of age or length of service. Service retirement shall be considered normal retirement. shall mean a member of the Board of Trustees of the Retirement Plan. shall mean an immediate or deferred benefit to which a member has gained a non -forfeitable right under the provisions of this Ordinance. shall mean five (5) years of credited service I I Temp. Ord. #2086 June 1, 2005 Revised June 8, 200S Page 9 of 34 before the member is entitled to full retirement benefits. Members shall vest at the rate of twenty percent (20%-) for each completed year of service. SECTION 16-902. ADMINISTRATION OF THE RETIREMENT PLAN A. The sole and exclusive administration of, and the responsibility for, the proper effective operation of the Retirement Plan and for enforcing the provisions of this Ordinance is vested in a Board of Trustees. B. The Board of Trustees shall consist of five (S) persons, all of whom shall be members of the Plan. Two (2) persons shall be elected from among the membership of the Plan. Two (2) persons shall be appointed by the City Manager. The fifth person shall be appointed by the other four members of the Board. Neither the City Manager nor a member of the City Commission shall serve as a trustee. C. All Trustees shall serve a term of two (2) years. If a vacancy shall occur prior to the expiration of a member's term, a replacement member shall be chosen in the same manner as the person who has left office. A replacement Trustee shall serve a full term measured from the date of replacement. All Trustees shall serve until their replacements are selected. D. The Board of Trustees shall prescribe a uniform election procedure for the selection of the active member Trustees. The initial election shall be conducted by the City Clerk. Subsequent elections shall be conducted by the City Clerk under the direction of the Board. E. All Trustees shall serve without compensation, but they may be reimbursed from the Fund for all necessary expenses authorized in advance by the Board. The Board shall be Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 10 of 34 permitted to prescribe uniform rules for reimbursement for travel expenditures. F. The Board of Trustees shall annually select a chairman and a secretary who shall execute all documents on behalf of the Board. G. A majority of the members of the Board shall constitute a quorum for the transaction of business and shall have full power to act under the terms of the Plan. Three (3) concurring votes shall be required of the Board to take action. H. The Board shall keep minutes of all meetings and a record of any action taken by the Board shall be kept in written form and maintained by the Board. I. The Board of Trustees shall have the authority to make such uniform rules and regulations and to take such action as may be necessary to carry out the provisions of the Plan and all decisions of the Board of Trustees, made in good faith, shall be final, binding and conclusive on all parties. J. The Board of Trustees shall be deemed the named fiduciary of the Plan and shall discharge its responsibilities solely in the interest of the members and beneficiaries of the Plan for the exclusive purpose of providing benefits to the members and their beneficiaries and to defray the reasonable expenses of the Plan. The Trustees shall exercise those fiduciary responsibilities with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a similar character and with similar aims. K. The Board of Trustees shall have the following administrative duties: 1. To maintain such records as are necessary for calculating and distributing retirement benefits; Temp. Ord. #2086 June 1, 200S Revised June 8, 200S Page Ilof34 2. To maintain such records as are necessary for financial accounting and reporting of Retirement Plan funds; 3. To maintain such records as are necessary for actuarial evaluation of the Retirement Plan, including investigations into the mortality, service and compensation experience of its members and beneficiaries; 4. To compile such other administrative or investment information as is necessary for the management of the Retirement Plan; S. To process, certify and/or respond to all correspondence, bills and statements received by the Retirement Plan, as well as all applications submitted to the Board for retirement benefits; 6. To establish and maintain communication with city departments and other agencies of government as is necessary for the management of the Retirement Plan, including preparing, filing and distributing such reports and information as are required by law to be prepared, filed or distributed on behalf of the Retirement Plan; 7. To determine all questions relating to and process all applications for eligibility, participation and benefits; 8. To distribute at regular intervals to employees, a comprehensive Summary Plan Description and periodic reports regarding the financial and actuarial status of the Plan; 9. To retain and compensate such professional and technical experience as is necessary to fulfill its fiduciary responsibilities; 10. To make recommendations regarding changes in the I provisions of the Plan; Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 12 of 34 11. To assure the prompt deposit of all member contributions, city contributions, and investment earnings; 12. To establish a uniform set of rules and regulations for the management of the Trust; 13. To take such other action as the Trustees shall deem, in their sole and exclusive discretion, as being necessary for the efficient management of the Plan. L The Board shall have the authority to retain its own legal counsel, accountants, actuaries and other professional advisors to assist the Board in the performance of its duties. The Board may act without independent investigation upon the professional advice of the advisors so retained. M. The Board is authorized to prosecute or defend actions, claims or proceedings of any nature or kind for the protection of the Fund assets or for the protection of the Board in the performance of its duties. N. Neither the Board nor any of its individual members shall have any personal liability for any action taken in good f aith. The Trustees individually and the Board as a whole shall be entitled to the protections in Section 768.28, Fla. Stat. The Trustees shall also be authorized to purchase from the assets of the Fund, errors and omission insurance to protect the Trustees in the performance of their duties. Such insurance shall not provide protection against a Trustee's fraud, intentional misrepresentation, willful misconduct or gross negligence. 0. No Trustee shall be responsible at his or her own expense, to take legal action to correct the misconduct of any other member of the Board of Trustees. A Trustee shall have an affirmative obligation, however, to publicly reveal any misfeasance, malfeasance or nonfeasance by a co -Trustee, and upon making such revelation in a public meeting, shall be Temp. Ord. #2086 June 1, 2005 Revised June 8, 200S Page 13 of 34 relieved further individual responsibility of the actions of that co -Trustee. SECTION 16-903. MEMBERSHIP,; CONTRIBUTIONS. A. , Membership shall be mandatory, except as provided in this section. Employees eligible for membership in this Plan who are members of any other city sponsored retirement plan may elect to transfer to this Plan. All persons initially elected, appointed, or employed in a covered position on or after October 1. 2005 shall be members of this Plan, except persons whose employment or appointment is governed by a written agreement approved by the City Commission which excludes them from this Plan. The effective date of membership shall be the date of initial employment or appointment to a position of covered employment, including the dates of any purchased service credit. members eligible to purchase prior service credit may purchase all, some or none of the available credit, but no person shall be credited for service not earned or purchased as provided for in the Plan. B. Effective with the first full pay period after commencement of membership in the Plan, and continuing throughout covered employment without regard to the maximum accrual of benefits, the City shall pick-up, rather than deduct from each member's pay, beginning with the date of covered employment, ten (10%) percent of the member's compensation. The monies so picked -up shall be deposited in the Fund on a monthly basis. An account record shall be maintained continuously for each member. Pick-up contributions shall continue until death, disability or termination of covered service, whichever shall occur first. Contributions shall remain in the Fund unless withdrawn as provided in the Plan. No member shall have the option to choose to receive the contributed amounts directly instead of having them paid by the City directly to the Plan. All such pick-up contributions by the City shall be deemed and be considered Temp. Ord. 42086 June 1, 2005 Revised June 8, 2005 Page 14 of 34 as part of the member's accumulated contributions and subject to all provisions of the Plan pertaining to accumulated contributions of members. The intent of this provision is to comply with Section 414(h)(2) of the Internal Revenue Code. C. All benefits payable under this Plan are in lieu of a refund of accumulated contributions. D The City shall contribute to the Retirement Plan an amount which when combined with (i) member contributions and (ii) investment return, will be sufficient to maintain the Plan on a sound actuarial basis. E. Expenses, charges and fees attributable to the management of the Plan shall be paid from the Fund. F. The City shall have no right, title or interest in the Fund or in any part thereof, and no contribution made thereto shall revert to the City, except such part of the Fund, if any, which remains therein after the satisfaction of ail liabilities to persons entitled to benefits under the Plan. SECTION 16-904. FUND MANAGEMENT AND INVESTMENTS. A. The Plan is hereby established, pursuant to authority granted in the City Charter and Code, as an irrevocable trust fund into which shall be deposited all of the assets of the Plan of every kind and description. B. The actual custody and supervision of the Fund shall be vested in the Board. All assets of the Plan may be commingled, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate accounts regarding the following: 1. Current amounts of accumulated contributions of members, both on an individual and aggregate basis; 2. Receipts and disbursements; I Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 15of34 3. Benefits payments; 4. All contributions from the City; 5. All interest, dividends, gains and losses from investment; 6. Such other entries as may be required for a clear, complete financial report of the status of the Fund. C. The Board shall establish a written investment policy, with the advice and counsel of such advisors as the Board deems necessary, and said investment policy shall set forth the types of securities and other types of investments into which shall be placed the assets of the Fund. The policy shall further set forth appropriate limitations on those investments, including, but not limited to, anticipated rate of return, quality of investment, class of investment and acceptable risk. The Board shall have the authority to invest and reinvest the assets of the Plan in such securities or property, real or personal, as the Board deems appropriate, including, but not limited to: 1. Bonds, notes, or other obligations of the United States or any of its agencies, or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof; 2. Accounts or certificates of deposit in any bank or other financial institution incorporated under the laws of the State of Florida, or any national bank organized under the laws of the United States, or authorized to do business and situated in the State of Florida, to the extent that such certificates of deposit are secured by the deposits of securities of the United States government; 3. Notes secured by first mortgages on real property insured or guaranteed by the Federal Housing Administration or the Veterans Administration; Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 16of34 4. Interest -bearing obligations with a fixed maturity of any corporation organized under the laws of the United States, any state or organized territory of the United States and the District of Columbia; provided that such obligations are rated by at least two (2) nationally recognized ratings services in any one of the four highest classifications approved by the Comptroller of the Currency for the investment of funds of national banks or, if only one nationally recognized ratings service shall rate such obligations, such ratings service must have rated such obligation in any one of the three highest rating classifications as set forth in this subsection; 5. Bonds issued by the State of Israel; 6. Real estate, which may be in the form of commingled ownership and financial institutional futures, listed options, stock index futures, which may be used under specific instruction of managers; 7. Common stock, preferred stock and interest -bearing obligations of domestic and foreign corporations having an option to convert into common stock issued by a corporation. 8. Fixed income instruments of foreign corporations and states. 9. Index funds and collective investment funds. 10. Any other investment permitted by law. 11. The Board may also contract with any other City sponsored, defined benefit plan for a co -mingled investment portfolio, provided, however, that a separate accounting of the assets of each plan is maintained. Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 17 of 34 D. The Board may determine the percentage of each type of investment to be held. E The Board shall be authorized to retain one or more money managers for the management of property held in the Plan, and the Board shall convey property of the Plan to such money managers for investment and reinvestment in accordance with the terms of this ordinance and the investment policies established by the Board. Any such money manager contracting with the Board for the investment of its assets shall be deemed a fiduciary of the Plan. F. The Board shall have a continuing duty to observe and evaluate the performance of any money manager retained by the Board. The Board shall, in selecting a money manager or other investment counsel, exercise all judgment and care in the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs. G. The Board shall require that any money manager or other agent who has custody or control of any property of the Plan to keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions pertaining to such Trust property, and the Board shall further require that all accounts, books and records pertaining thereto be open for inspecting and audit at all reasonable times by the City, the Board or the designees. H. The Board shall also keep accurate and detailed accounts of all investments, receipts, disbursements or other transactions pertaining to the Trust property and all accounts, books and records pertaining thereto shall he open to inspection and audit at all reasonable times by the City or its designees. SECTION 16-905. SERVICE RETIREMENT BENEFITS; COST OF LIVING ADJUSTMENT; DISABILITY RETIREMENT. Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 18of34 A. A member may retire on the first day of the month coincident with or next following the earlier of: the date upon which the member attains age fifty-five (SS) and completes twenty- f ive (2S) years of credited service; or the date upon which the member attains age fifty-seven (57) with twenty (20) years of credited service; or the date upon which the member attains age sixty (60) with five(5) years of credited service. There shall be no mandatory retirement age. B. The normal retirement benefit shall be determined based upon the following percentages of final monthly compensation multiplied by the applicable years and completed months of credited service: (1) For elected officials: Twenty percent (20%-) of final monthly compensation for each completed three (3) year term, with a pro-rata accrual for partial terms. The maximum benefit accrual shall be eighty percent (80%-) of final monthly compensation. I (2) City manager and City Attorney: Four percent (496) of final monthly compensation multiplied by credited service. The maximum benefit accrual shall be eighty percent (80%) of final monthly compensation. The City Attorney shall refer to a full time, appointed city officer and shall exclude any attorney hired on a contractual basis. (3) For all other participants: Three percent (3%-) of final monthly compensation multiplied by credited service. The maximum benefit accrual shall be eighty percent (80%) of final monthly compensation. In no instance shall the aggregate benefit payable from the plan exceed eighty percent (80%) of final monthly compensation. Tn no instance shall the benefit paid to a member or the designated beneficiary be less than the member's accumulated contributions, with simple interest at the rate of four percent (4W) annually. once a participant has reached the maximum benefit accrual, the participant's contributions shall continue and the participant's increases Temp. Ord. #2086 June 1, 200S Revised June 8, 2005 Page 19of34 in compensation shall apply towards the participant's final monthly compensation calculation. C A service retirement benef it shall be payable on the f irst day of each month. The benefit shall commence on the first day of the month coincident with or next following the member's actual retirement and shall continue as provided in the optional form of payment chosen by the member. In the event that a member shall retire in the middle of the month, the retirement benefit shall commence on the first day of the following month, but the member shall receive credit for the partial month preceding the actual date that payment commenced. D. Early retirement shall be available to a member on the first day of the month coincident with or next following attainment of age fifty (50) and completion of five (5) years of credited service. E. A member electing early retirement may receive either a deferred payment with no actuarial reduction or an immediate actuarially reduced payment under the following formula: 1. A deferred payment shall commence on the first available normal retirement date of the member as provided in this Plan. This shall mean the date upon which the member attains age fifty-five (55) with twenty-five (25) years of service; age fifty-seven (57) with twenty (20) years of service or age sixty (60) with five (5) years of credited service. A deferred payment shall be determined in the same manner as a normal retirement, except that final monthly compensation and credited service shall be based upon the separation date. A deferred payment has no actuarial reduction. 2. An immediate retirement benefit may commence on the first day of the month coincident with or next following the date of early retirement. The bene f it shall be determined in the same manner as normal retirement and then actuarially reduced for the number Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 20of34 of actual years and months at which the starting date of the benefit precedes the normal retirement date. The normal retirement date to be used in calculating the actuarial reduction shall be the date upon which the member would have attained the earliest of age fifty-five (55) if a member had attained twenty-five (25) years of service at separation; age fifty-seven (57) if a member had attained twenty (20) years of service at separation or age sixty(60) if a member had attained five (5) years of credited service at separation. The actuarial reduction factor applied to the benefit shall be five percent (S%-) for each year, or a pro-rata share of the reduction for each year or partial year prior to the normal retirement date. F. The payment of the early retirement income shall be subject to the same conditions as normal retirement income. G. In the event a member elects early retirement, the benefit formula in effect on the early retirement date shall be applicable to the member. H. The normal form of retirement shall be a ten (10) year certain and life thereafter benefit. The optional forms of benefit shall be as follows: 1. Joint and Survivor Options. A member may elect to receive a reduced benef it to be calculated in accordance with applicable tax regulations, for life and to have the benefit (or a designated fraction of the benefit) continued after the member's death and during the lifetime of a designated survivor. A designated survivor may be any natural person. In the event that the designated survivor dies before the member's benefit payments begin, this option shall be canceled automatically and a retirement income shall be payable to the member as if the election had never been made. A member may, at that time, elect a life annuity, a ten (10) year certain and life Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 21of34 thereafter benefit, or appoint another survivor beneficiary, on an actuarially equivalent basis. No substitute survivor may be named unless the member has elected the pop-up option set forth in this section. 2. Life Annuity A member may elect an enhanced benefit payable for the life of the member with no survivorship benefit, except that the benef it shall not be less than the amount of the member's contributions. 3. Pop -Up Option. For any survivorship benefit, the member may elect to purchase an option permitting the substitution of a new survivor in the event of the death of the survivor or dissolution of marriage. The Board, by uniform rule, shall establish the cost and procedure for implementing this option. The cost of this option shall be borne by the member. 4. Benefit Actuarially Calculated Deferred Retirement Option Plan - BACDROP. . A member eligible for an unreduced, normal retirement may elect BACDROP. A member electing this benefit shall receive a partial lump sum distribution equal to not more than three years accumulated retirement payments, a refund of the member's contributions to the Plan during the BACDROP term, plus interest at the rate of four percent (45�) per year, simple interest. Future retirement payments shall be reduced to the actuarial equivalent. The BACDROP payment shall be calculated by using the credited service and compensation which would have been used had the member actually retired on the date equal to the number of completed months, not to exceed thirty-six (36), prior to the date BACDROP is elected. No member may elect BACDROP if the length of BACDROP chosen would bring the member below the age or credited service required for an unreduced, normal Temp. Ord. #2086 June 1, 200S Revised June 8, 2005 Page 22 of 34 retirement. The Board of Trustees shall implement uniform administrative rules for the administration of BACDROP. I. A cost of living adjustment (COLA) equal to two percent (2W), compounded annually, shall be payable beginning on the January 18t coincident with or next following the completion of sixty (60) complete months after the commencement of retirement benefits under the Plan. In the case of a deferred vested member, the COLA shall not be payable until the January 15t coincident with or next following the date the member has been in receipt of benefits for sixty (60) full months. J. In the event that a member becomes permanently and totally disabled and unable to perform the member's duties for the City or a comparable position as provided by the City, the member shall be deemed to have reached normal retirement age. The member shall be entitled to the immediate receipt of service retirement benefits, based on the compensation and service then accrued. All questions of disability shall be determined by the Board. The Board, by uniform administrative rule, shall develop due process procedures for the conduct of disability. SECTION 16-906. VESTING AND TERMINATION; PURCHASE OF PRIOR COVERED SERVICE; APPOINTMENT TO COVERED POSITIONS FROM NON -COVERED POSITIONS A. Except as otherwise provided in this section, all rights to benefits under this Plan shall terminate when a member's employment terminates for any reason other than normal service retirement, early service retirement, disability retirement, or death. Any member who completes five (5) years of credited service and whose contributions remain in the Plan has a vested right to accrued benefits from the Plan. Members shall become vested at the rate of twenty percent (20%) per completed year of service. A minimum of one (1) completed year of service is necessary for any vested service. Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 23 of 34 A member who shall leave the service of the City prior to eligibility for normal service retirement or early service retirement, as set forth in Section 16-905(A), shall be entitled to receive retirement benefits only upon the attainment of age 60. Such benefits will be based on final monthly compensation, vested percentage, and credited service as of the date of termination. Members referred to in this section shall also be referred to as deferred vested members. C. Every member shall have the right to elect to receive, in lieu of all benefits under the Plan, a return of the member's accumulated contributions, with interest, at the rate of four (4%�) percent, simple interest. D. A member who elects a lump sum return of contributions releases and discharges the City of Tamarac and the Retirement Plan from the right to any other benefits from the Plan. E. In no instance shall a member's benefits from the Plan be less than the value of the employee's contributions, with interest at the rate of four percent (4%) simple interest. F. Full-time vested employees may only purchase up to four (4) years of prior governmental or military service, provided that such prior governmental service will not be used to provide a retirement benefit from another publicly supported system, except the military retirement system, when required by law. Members purchasing prior governmental or military service must pay the full actuarial cost of such service as determined by the actuary for the Plan. Such service may be purchased at any time prior to retirement or election of BACDROP. No credited service will be granted under this section until the purchase has been paid in full. The Plan shall provide one cost estimate at the Plan's expense and any additional actuarial estimates shall be at the expense of the member purchasing the benefit and shall be paid in full in advance. Purchased service may not be used to establish a vested right to benefits from the Plan, but Temp. Ord. 42086 June 1, 2005 Revised June 8, 200S Page 24 of 34 shall count toward years of credited service for meeting retirement eligibility and for benefit accrual purposes. G. If an employee in a position covered by the General Employees Pension Plan is promoted, re -categorized or appointed to a position covered in this Plan, that person shall become a new member of this Plan effective upon the date of promotion, re- categorization or appointment. The member may elect to be deemed vested in the General Employees Pension Plan for all years of credited service in that Plan as provided in Section 16-191(a) thereof and begin membership in this Plan as a new member, or may elect to purchase credit for all City service in this Plan by transferring the employee contributions, plus interest, from the General Employees Plan to this Plan as provided in Section 16-198(c) and paying the full actuarial cost of the difference in the value of the benefits transferred and the benefits provided for under the terms of this Plan. In the event the member elects to transfer contributions plus interest, and purchase service in this Plan, the member shall forfeit any credited service in the General Employees Plan. H. If an employee in a position covered by this Plan is promoted, re -categorized or appointed to a position covered in the General Employees Pension Plan, that person shall become a new member of that Plan effective upon the date of promotion, re- categorization or appointment. The member is deemed vested in this Plan for all years of credited service in this Plan. SECTION 16-907. DEATH BENEFITS. A. In the event of the death prior to retirement of a fully or partially vested member, the participant's designated beneficiary, or beneficiaries, in shares determined by the participant not to exceed 100% of the eligible benefit in the aggregate, shall receive a benefit payable in the form of a fifty percent (50%-) joint and survivor benefit which shall be immediately payable based on the benefit accrued Temp. Ord. #2086 June 1, 200S Revised June 8, 2005 Page 25of34 without regard to any early retirement reduction. The survivor annuity shall pay benefits at least equal to the member's accumulated contributions, with interest. B. In the event of the death of a member for whom no beneficiary has been designated, the accumulated contributions plus interest shall be paid to the member's estate. C. In the event of the death of a retiree, death benefits, if any, shall be paid in accordance with the optional form of benefit chosen at the time of retirement. SECTION 16-908. COMPLIANCE WITH THE INTERNAL REVENUE CODE; EXCESS BENEFIT ARRANGEMENT. A. It is the intention of the City and of the Board that the Plan remain at all times a qualified plan, as that term is defined under the Internal Revenue Code. B. No member's annual benefit shall exceed the amounts permitted in Section 41S of the Internal Revenue Code. C. In no event may a member's retirement benefit be delayed beyond the later of April ist following the calendar year in which the member attains age seventy and one-half (70-1/2), or April ist of the year following the calendar year in which the member retires. When a distribution of the participant's entire interest is not made in a lump sum, the distribution will be made in one or more of the following ways: over the life of the participant; over the life of the participant and designated beneficiary; over a period certain not extending beyond the life expectancy of the participant; or over a period certain not extending beyond the joint life and last survivor expectancy of the participant and a designated beneficiary. D. If the distribution has commenced before the participant's Ideath, the remaining interest will be distributed at least Temp. Ord. #2086 June 1, 2005 Revised June 8, 200S Page 26of34 as rapidly as under the method of distribution being used as of the date of the participant's death. The method of distribution, if the participant dies before distribution is commenced, must satisfy the following requirements: 1. Any remaining portion of the participant's interest that is not payable to a beneficiary designated by the participant will be distributed within five (5) years after the participant's death; 2. Any portion of the participant's interest that is payable to a beneficiary designated by the participant will be distributed either: (i) within five (S) years after the participant's death; or (ii) over the life of the beneficiary, or over a period certain not extending beyond the life expectancy of the beneficiary, commencing not later than the end of the calendar year following the calendar year in which the participant died (or, if a designated beneficiary is the participant's surviving spouse, commencing not later than the end of the calendar year following the calendar year in which the participant would have attained age seventy and one-half (70-1/2)). Direct transfers of eligible distributions shall be made as f ollows: 1. General. 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, to have any portion of an eligible rollover distribution made directly to an eligible retirement plan specified by the distributee in a direct rollover. L_ I Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 27of34 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 a distributee, except that an eligible rollover distribution does not include: any distribution that is one (1) of a series of a 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 period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a) (9) of the Internal Revenue Code; and the portion of any distribution that is not I includable in gross income. (b) Eligible Retirement Plan. An Eligible Retirement Plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an Individual Retirement Annuity described in Section 408(b) of the Internal Revenue code, an Annuity Plan described in Section 403(a) of the Internal Revenue Code, or a Qualified Trust described in Section 401(a) of the Internal Revenue Code that accepts a distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to a 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 is a distributee with regard to the interest of the spouse. Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 28of34 (d) Direct Rollover. A Direct Rollover is a payment by the Plan to the eligible retirement plan specified by the distributee. F. The Trustees shall be permitted to establish an unfunded, excess benefit arrangement as provided in Section 415 of the Internal Revenue Code to enable participants to receive the full value vested benefits in the event that any participant's accrued benefit or final monthly compensation, or both, exceeds those limits permitted by the Internal Revenue Code. The excess benefit arrangement shall be unfunded and shall not utilize Plan assets. The Board of Trustees, by administrative rule, shall establish the method necessary for obtaining funding directly from the City and to provide for the pass through of such payments to eligible participants. SECTION 16-909. AMENDMENT OR TERMINATION OF THE SYSTEM. I A. It is the intention of the City and the Board that this pension plan shall constitute an irrevocable trust and no portion of the assets may revert to the employer until all other obligations of the Plan, including the payment to the last surviving member and beneficiary has been paid. No amendment shall result in members receiving lower benefits than those in effect on the date the member commenced service with the City. B. In the event of termination or partial termination of the Plan, each participant's accrued pension benefit shall become nonforfeitable (100 percent vested). In the event that the Plan is terminated, the assets of the Plan shall first be distributed to retired members and their beneficiaries. If there is any asset value remaining after the apportionment to retired members and their beneficiaries, apportionment shall next be made to each member in the service who has completed at least five (5) years of credited service and has contributed to the Fund for at least five (5) years and who is not otherwise Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 29of34 eligible to retire. If there is any asset value after the apportionments to retirees and their beneficiaries and to vested members of the Plan, apportionment shall lastly be made in respect of each member in the service of the City in an amount not to exceed the total value of the member's contributions. In the event there is any asset value remaining after full apportionment to all members and beneficiaries of the Plan, the excess, if any, shall revert to the City. SECTION 16-910. NONALIENATION OF BENEFITS The right any member or beneficiary to benefits under the Plan or any other right accrued or accruing to any persons under the provisions of the Article shall not be subject to execution, garnishment, attachment, the operation of any bankruptcy or insolvency law, legal or equitable process, or any process of law whatsoever, and shall not be subject to assignment, pledge, or hypothecation, unless expressly authorized by this Article. Notwithstanding the provisions of this section, the payment to a non -employee spouse or child under an income deduction or child support order shall be permissible as provided by law. SECTION 16-911. DISTRIBUTION OF MARITAL INTERESTS IN THE PLAN. A. In the event that the Board is served with a domestic relations order or other legal process purporting to require the payment of any portion of a member's benefit to another person as a result of a dissolution of marriage, the Board shall cause such order to be reviewed to determine compliance with the provisions of the Plan. B. The Board of Trustees shall be authorized to intervene in any such dissolution of marriage proceeding to ensure that such domestic relations order is otherwise consistent with the distribution of an interest in a public employees retirement plan under state law. C, Any cost associated with the modification or correction of such domestic relations orders shall be the responsibility of the Plan member and payment of any such cost shall be a Temp. Ord. #2086 June 1, 2005 Revised June 8, 2005 Page 30of34 condition precedent to the receipt of benefits from the Plan. SECTION 16-912. MISCELLANEOUS. A. The Board shall have the power to examine the facts upon which any pension has been granted under any prior or existing law or which may be granted in the future or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person who has been granted a pension under a prior or existing law, or who is hereafter granted a benefit under this ordinance if the granting of that pension is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has under any prior or existing law or who may under this Ordinance be erroneously, improperly or illegally classified. B. Should any change or error in retirement system records be discovered or result in any member or beneficiary receiving from the Retirement Plan more or less than he or she would have been entitled to receive had the records been correct, the Board shall have the power to correct such error and, as far as possible, adjust the payments in such a manner that the actuarial equivalent of a benefit to which such member or beneficiary was correctly entitled shall be paid. C. If any member or beneficiary is a minor or is under any other legal disability, the Board of Trustees shall have the power to withhold payment of benefits until the Board is presented with proof satisfactory to the Board of the appointment of a guardian. If the Board becomes aware that any member or beneficiary is incapable of personally receiving and giving a valid receipt for any payment due under the Plan, the Board shall cause notice to be given to that participant or beneficiary of a hearing to determine whether said benefits should continue to be paid until the appointment of a guardian. During the pendency of any such hearing, however, the Board may continue to pay benefits to the member or beneficiary and that such payment shall be a complete discharge of any liability under the Plan for such payment. Temp. Ord. #2086 June 1, 2005 Revised June 8, 200S Page 31of34 SECTIONS 16-913 - 16-999. RESERVED. Section 2. Transition of employees from the existing def ined contribution plan and the existing def ined benef it plan for general employees to this plan shall be accomplished as set forth in this section. This section shall apply to persons eligible for membership in this plan who were in any paid status as of March 15, 200S, whether or not they remain in paid status as of the effective date of this Plan. Elected officials of the City shall be deemed to have been members of this Plan since assuming office. Persons currently in the City's defined contribution plan who elect to transfer to this Plan on or before September 2, 2005, shall receive credited service for all years of covered employment by contributing a sum equal to fifty percent (5096') of the full actuarial cost. Persons electing to transfer on or after September 3, 2005, shall be required to pay the full actuarial cost of the prior credited service. Persons electing to transfer from the City's defined benefit plan for general employees to this Plan on or before September 2, 2005 shall receive full prior credited service by transferring accumulated contributions plus accrued interest received by terminating membership in the City's defined benefit plan for general employees. Persons electing to transfer on or Temp. Ord. #2086 June 1, 2005 Revised June 8, 200S Page 32 of 34 after September 3, 200S, shall be required to pay the full actuarial cost of the prior credited service, less the value of transferred contributions and accumulated interest received from termination of membership in the prior plan. By transferring from the General Employees Plan and terminating membership, the member forfeits any benefits accrued in the General Employees Plan. Payment of transfer cost may be made in a lump sum or by rollover from another qualified retirement plan or, if permitted by law, from an employee's deferred compensation plan or by payment with post -tax dollars. I Persons electing to transfer from any other City -sponsored defined benefit or defined contribution plan to this Plan shall not receive any additional contributions or benefit accrual in the prior defined benefit or defined contribution plan. In the case of a full-time employee with prior part-time service., the portion of the benefit based on part-time service shall be calculated by aggregating the total number of hours of service and converting that total to completed months and years as if the employee had worked the same number of hours on a full- time basis. That converted number shall be the basis upon which retirement eligibility and benefits are based. However, part - time service will not be included in benefit calculations for any Temp. Ord. #2086 June 1, 200S Revised June 8, 2005 Page 33 of 34 persons electing to transfer to this Plan on or after September 3, 200S. Persons separating from service with the City after the effective date of this ordinance and later returning to the City workforce shall become members of this Plan upon re-employment. The Board of Trustees may promulgate uniform administrative rules for the implementation of these provisions. This Plan shall be deemed fully operational and the transitions completed as of October 1, 200S. Section 3. Should this ordinance or any part thereof be declared invalid by a Court of competent jurisdiction, the invalidity of any part of this ordinance shall not otherwise affect the validity of the remaining provisions of this ordinance, which shall be deemed to have been enacted without the invalid provision. Section 4. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict. Section 5. It is the intention of the City Commission of the City of Tamarac that the provisions of this ordinance shall become and be made a part of the Code of the City of Tamarac, and that the word "ordinance" may be changed to "section," "article," Temp. Ord. #2086 June 1, 200S Revised June 8, 200S Page 34 of 34 or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED ON FIRST READING, this gih day of 'j L'n C —1 2005. PASSED AND ADOPTED ON SECOND READING, this day of ,June 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. SAMUE-t�-§-'d—ORtIN INTERIM CITY ATTORNEY OE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: Ist Reading MAYOR SCHREIBER %I,- DIST 1: COMM. PORTNER 4b,',er)t DIST 2: V/M TALABISCO Ah -;,- n +- DIST 3: COMM. SULTANOF 4,je DIST 4: COMM. ROBERTS it-e- RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER 41 e DIST 1: COMM. PORTNER A I ip DIST 2: V/M TALABISCO A DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I I F-1 EXHIBIT A 7,­ T­.­."�; 3CES CITY OF TAMARAC ELECTED AND APPOINTED OFFICEW? NON -REPRESENTED EMPLOYEES RETIREMENT PL I P11 3:47 IMPACT STATEMENT FOR O"INANCE 200$- PART ONE: CERTIFICATtON OF THE PLAN ADMINISTRATOR I have enclosed a copy of Ordinance 2005- of the City of Tamarac, which ordinance establishes the City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan as of October 1, 2005. The plan includes the following benefits, rights, and features: 1. Monthly Accrued Benefit For elected o& ials: 20.00% of Average Final Compensation for each completed three-year term, with a pro- rata benefit accrual for a partial term and with the benefit limited to 80% of Average Final Compensation For CW mqagzgr_ and CkE attorney: 4.00% of Average Final Compensation multiplied by Credited Service, with the benefit limited to 80% of Average Final Compensation For all offiguiLrticipants: 3.00% of Average Final Compensation multiplied by Credited Service, with the benefit limited to 80% of Average Final Compensation 2. Normal Retirement Age and Benefit • Age Age 60 with at least five years of Credited Service; Age 57 with at least 20 years of Credited Service; or Age 55 with at least 25 years of Credited Service • Amount Monthly Accrued Benefit • Form of Payment 10-year certain and life annuity (normal form of payment); or Other actuarially equivalent forms of payment as set forth in the ordinance (optional) OVote: All forms of payment guarantee at least the return of the participant's Accumulated Contributions) Page I City of Tamarac Elected and Appointed Ojftcers and Non -Represented Employees Retirement Plan Immet Statemcat for Ordinance 2005- (continued) I Early Retirement Age and Benefit • Age Age 50 with at least five years of Credited Service • Amount Monthly Accrued Benefit (payable at Normal Retirement Age); or Monthly Accrued Benefit reduced by 5% for each year by which the participant's Early Retirement Age precedes age 60 (payable at Early Retirement Age) • Form of Payment Same as for Normal Retirement 4. Disability Eligibility and Benefit • Eligibility All participants are eligible. • Condition The participant must be totally and permanently disabled such that he is unable to perform his duties as a City employee. • Amount Monthly Accrued Benefit • Form of Payment Same as for Normal Retirement 5. Deferred Vested Benefit • Age Any age with at least one year of Credited Service • Amount Monthly Accrued Benefit multiplied by the Vested Percentage (payable at Normal Retirement Age); or Monthly Accrued Benefit multiplied by the Vested Percentage and reduced by 5% for each year by which the participant's Early Retirement Age precedes age 60 (payable at Early Retirement Age) • Form of Payment Same as for Normal Retirement Page 2 City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan LWact Stateme or Qrdinance 2005- WL _ _ (continued) 6. Pre -Retirement Death Benefits * Fully or Partially Vested Participant Upon the death prior to retirement of a fully or partially vested participant, the participant's beneficiary receives a Pre -Retirement Survivor Annuity equal to the benefit that would have been payable to the participant in the form of a 50% joint and contingent annuity had the participant survived to his earliest retirement age. The Pre -Retirement Survivor Annuity guarantees at least the return of the participant's Accumulated Contributions. * Non -Vested Participant In the case of the death of a non -vested participant prior to retirement, his beneficiary will receive the participant's Accumulated Contributions. 7. Vested Percentage Each participant earns a 20% vested interest in his Monthly Accrued Benefit for each whole year of Credited Service up to five years of Credited Service 8. Average Final Compensation Average compensation for the highest five consecutive years of service prior to the determination, where compensation includes total cash remuneration paid for services rendered to the City, but excludes bonuses, employer contributions to any health, dental, disability, or related insurance program, medical or child care reimbursements, employer contributions to a deferred compensation program under IRC section 457, and cash payments of unused accumulated leave payable upon employment termination 9. Credited Service The uninterrupted service, expressed in years and completed months, from the participant's date of hire until his date of termination, retirement, or death. For purposes of determining the Monthly Accrued Benefit, Credited Service earned prior to the effective date of the plan is not included for participants other than elected officials unless the participant purchases such credit by paying into the plan 50% of the full actuarial cost thereof, In addition, participants may purchase up to four years of credit for other prior governmental or military service by paying into the plan the full actuarial cost thereof, provided that no other pension benefit is granted for such service by any other governmental employer. Page 3 City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan Im .Oct Statement lbr Ordinance 2005- (continued) 10. Participation Requirement All managerial and non -bargaining employees, as well as charter officers and elected commissioners, of the City of Tamarac, Florida, may voluntarily participate in -the plan. Subject to certain exceptions, those individuals who are hired on or after October 1, 2005 are required to participate in the plan. 11. Accumulated Contributions The participant's Contributions accumulated with 4% simple interest per annum 12. Participant Contributions 10% of compensation per year; participant Contributions are deemed to be "picked -up" by the City pursuant to Internal Revenue Code (IRC) §414(h)(2). 13. Automatic Cost -of -Living Adjustment Effective each January 1, retirement, disability, and deferred vested benefits are automatically increased by 2% compounded annually after the participant has been receiving payments for at least five years. 14. Plan Effective Date October 1, 2005 The plan's enrolled actuary, Charles T. Carr of Southern Actuarial Services Company, Inc., was provided with a copy of the proposed ordinance. In addition, the described plan change meets the requirements of Part VII, Chapter 112, Florida Statutes, and Section 14, Article X of the State Constitution. Chairman, Board of Trustees Page 4 City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan Impact Statement Lor OrdinanCC 2005- (continued) PART TWO: CERTIFICATION OF THE ENROLLED ACTUARY Chap -ter 112 requires disclosure of the effect of changes in assumptions, methods, and plan provisions on certain liabilities. I have determined the impact of Ordinance 2005- as shown below. The following table sets forth the required disclosures in connection with the plan changes which have been described above: Present value of future expected benefit payments: for active members for terminated vested members for retired members and beneficiaries total Actuarial accrued liability Actuarial value of assets Unfunded actuarial accrued liability Actuarial present value of accrued benefits Present value of active members': Future salaries Future contributions Present value of future contributions from the City Total annual compensation Minimum required contribution (beginning of year): Annual normal cost Amortization payment Total As of October 1, 2004 tial Valuation D S 20,317,303 0 0 $ 20,317,303 $ 7,117,080 $ -(0) $ 7,117,080 S Not calculated $ 52,814,308 $ 5,281,431 $ 15,035,872 S 5,158,688 $ 714,045 $ 307,769 $ 1,021,814 Page 5 City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan IM12rIct Statement for Qrdingnee 2005- (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, clv-,,� I,/ C-.— Charles T. Carr, A.S.A. Consulting Actuary Enrolled Actuary No. 05-04927 Page 6