HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-008Temp. Ord. #2201
March 31, 2010
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.0-2010-0 k
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 16, PENSIONS AND
RETIREMENT, ARTICLE V, FIREFIGHTER PENSION PLAN,
SECTION 16-331, MEMBERS; PROVIDING FOR FOUR YEAR
TERMS OF OFFICE; AMENDING ARTICLE V, FIREFIGHTER
PENSION PLAN, DIVISION 2, SECTION 16-345(A); PROVIDING FOR
DIVESTITURE IN SCRUTINIZED COMPANIES; AMENDING
ARTICLE VI, FIREFIGHTER PENSION PLAN, DIVISION 1, SECTION
16-423(A); PROVIDING FOR WITHHOLDING; AMENDING DIVISION
4, SECTION 16-495(C); AND PROVIDING FOR REVOCATION OF
JOINT ANNUITANT OR BENEFICIARY ELECTION IN COMPLIANCE
WITH CHAPTER 2009-97, LAWS OF FLORIDA; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 2009 Florida Legislature enacted Chapter 2009-97, Law of
Florida, which mandates certain amendments to the City's Firefighter Pension Plan; and
WHEREAS, an amendment to the City Code is necessary to permit such new
obligations and conditions, and
WHEREAS, the trustees of the City of Tamarac Firefighters' Pension Trust Fund
have requested and approved such an amendment as being in the best interests of the
participants and beneficiaries as well as improving the administration of the plan, and
WHEREAS, the City Commission has received, reviewed and considered an
actuarial impact statement describing the actual impact of the amendments provided for
herein, attached as Exhibit A.
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 StF�, euo type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2201
March 31, 2010
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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. All exhibits attached hereto are incorporated herein and made a specific
part of this Ordinance.
Section 2. Chapter 16, Pensions and Retirement, Article V, Firefighter Pension
Plan, Division 2, Section 16-331, subsections (b), (c), (d) and (e), of the Tamarac Code
is hereby amended as follows:
(b) Appointed resident trustees shall serve terms of twe (2) four
years, unless sooner replaced by the city commission at whose pleasure
resident trustees shall serve.
(c) Elected trustees shall serve terms of two (2-) four (41 years, unless
the trustee sooner leaves firefighter employment of the city. The city clerk
shall conduct the elections by secret ballot prior to the expiration of a
trustee's expiring term.
(d) The fifth member shall have the same rights as each of the other
four members appointed or elected as herein provided, and shall serve a
term of two (2) four M years.
(e) A vacancy shall occur whenever_ a trustee resigns-; in the case of
an appointed resident trustee as per subsection b herein is removed by
the city commission-; is no longer eligible or qualified to serve as a
trustee-; dies or becomes incapacitated_
(1) A vacancy in the office of an appointed resident trustee shall
be filled by an appointment by the city commission to serve a new
two (;�) four (4) year term.
(2) A vacancy in the office of an elected trustee shall be filled by
an election in the same manner as an original trustee was elected
to serve a new twe (2) four (4) year term.
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Words in underscored type are additions.
Temp. Ord. #2201
March 31, 2010
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(3) A vacancy in the office of the trustee selected by the other
four trustees shall be filled in the same manner as the original
trustee was selected to serve a new four L41year term.
Section 3. Chapter 16, Pensions and Retirement, Article V, Firefighter Pension
Plan, Division 2, Section 16-345(a), of the Tamarac Code is hereby amended as
follows:
Sec. 16-345. Investments.
(a) The trustees shall have the power and authority, in their sole
discretion, to establish investment procedures to invest and
reinvest such funds as are not necessary for current expenditures
or liquid reserves, as they may from time to time determine. These
investments shall be in compliance with section 175.071(1), F.S.
The trustees may sell; exchange or otherwise dispose of such
investments at any time and, from time to time, as provided in
section 16-350. The board shall identify and publicly report an
direct or indirect_ holdings it may have in anv scrutinized comaanv.
as defined in Florida Statutes Section 215.473 and proceed to
sell redeem divest or withdraw all publicly traded securities it ma
have in such company beginning January 1 2010 and shall
thereafter be prohibited from purchasing or holding such securities.
The divestiture of any such security must be completed b
September 30 2010. In accordance with Ch. 2009-97 Laws of
Florida no person may bring any civil criminal or administrative
action -against the Board of Trustees or any employee, officer,
director, or advisor of such board based upon the divestiture of an
security pursuant to this paragraph. The trustees shall have the
authority, in respect to any stocks, bonds or other property, real or
personal, held by them as trustees, to exercise all such rights,
powers and privileges as might be lawfully exercised by any person
owning similar stocks, bonds or other property in their own right.
Section 4. Chapter 16, Pensions and Retirement, Article VI, Firefighter
Pension Plan, Division 1, Section 16-423(a), of the Tamarac Code is hereby amended
as follows:
Sec. 16-423. Benefits not assignable.
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Words in underscored type are additions.
Temp. Ord. #2201
March 31, 2010
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(a) The right of any person to any payment under this pension plan shall
not be subject to assignment, alienation or voluntary or involuntary
transfer, and, to the fullest extent permitted by law shall not be
subject to attachment, execution, garnishment, sequestration or other
legal or equitable process. If any person attempts to assign, transfer
or dispose of such right, or if an attempt is made to subject such right
to such process, such assignment, transfer or disposition shall be null
and void. Further, the recipient of any_monthly benefit may authorize
the board of trustees upon written request, to withhold from the
monthly benefit those funds necessary to pay for accident health
and long-term care insurance premiums for the recipient, the
recipient's spouse and the recipient's dependents. The pension plan
shall not incur any liability for participation in such —permissive
program so long as its action is taken in good faith.
Section 5. Chapter 16, Pensions and Retirement, Article VI, Firefighter
Pension Plan, Division 4, Section 16-495(c), of the Tamarac Code is hereby amended
as follows:
Sec. 16-495. Revocation of election.
(c) After benefits have commenced, a retired participant may change
her or his designation of joint annuitant or beneficiary up to twice in the
manner prescribed in F.S. § 175.333. without the approval of the Board
of Trustees or the current join annuitant or beneficia . The retiree need
not provide proof of the good health of the joint annuitant or beneficia
being removed and the joint annuitant or beneficia being removed need
not be living.
Section 6. 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 the word "Ordinance" may changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention.
Section 7. All Ordinances or parts of Ordinances, and all Resolutions or parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Coding: Words in stFUslthMugh type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. #2201
March 31, 2010
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Section 8. 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 9. This Ordinance shall take effect upon adoption.
PASSED, FIRST READING, this 1 `4 day of
2010.
PASSED, SECOND READING, this e2tday of a0aIV
2010.
BETH TALABISCO, Mayor
ATTEST.
RECORD OF COMMISSION VOTE: 1st Reading
?M'ARk0"0S_WE_ N, CM MAYOR TALABISCO l�
CITY CLERK DIST 1: COMM. BUSHN LL
6
DIST 2: COMM ATKINS-GRA
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
SAMUEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHN LL
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
Coding: Words in strurak thFGU type are deletions from existing law;
Words in underscored type are additions.