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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-0091 Temp. Ord. #2200 March 24, 2010 Page 1 of 7 CITY OF TAMARAC, FLORIDA ORDINANCE NO.0-2010-Oq AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 16, PENSIONS AND RETIREMENT, ARTICLE IX, ELECTED AND APPOINTED OFFICERS AND NON -REPRESENTED EMPLOYEES RETIREMENT PLAN, SECTION 16-901, DEFINITIONS; ADDING DEFINITIONS OF COVERED AND NON -COVERED EMPLOYMENT; SECTION 16- 902(c), AMENDING TRUSTEES' TERMS OF OFFICE; SECTION 16- 905(b), CONFORMING THE PENSION PLAN WITH REVISED TERMS OF OFFICE FOR ELECTED MEMBERS; AMENDING SECTION 16- 906, TO PROVIDE FOR COORDINATION OF BENEFITS BETWEEN THE GENERAL EMPLOYEE AND ELECTED AND APPOINTED OFFICERS AND NON -REPRESENTED EMPLOYEES RETIREMENT PLANS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac adopted Ordinance 2006-11 providing for extended terms of office and providing for four-year and five-year terms of office, and revised election dates for elected officials; and WHEREAS, the ballot questions presented by Ordinance 2006-11 were approved by referendum; and WHEREAS, it is appropriate to conform the Pension Plan with the new terms of office; and WHEREAS, the Pension Board of Trustees of the Elected and Appointed Officers and Non -Represented Employees Retirement Plan wish to amend the Trustees' terms of office; and Coding: Words in StFU& thFeW type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2200 March 24, 2010 Page 2 of 7 WHEREAS, the Pension Plan needs to include language which clarifies the coordination of benefits between the General Employee Pension Plan and the Elected, Appointed and Non -Represented Employees Plan; and WHEREAS, the Pension Trust Fund Board of Trustees reviewed and approved the proposed changes on March 18, 2010; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to these changes attached as Exhibit A; 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. 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. All exhibits attached hereto are incorporated herein and made a specific part of this Ordinance. SECTION 2: Section 16-901,Definitions, of Chapter 16, Article IX, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Covered Em to ment means service for which an employee is obli ated to a contributions to this pension plan. Coding: Words in straek through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2200 March 24, 2010 Page 3 of 7 Non -Covered employment means service for which an employee is paid, or entitled to payment, by the city and is obligated to pay contributions to another ension plan. SECTION 3: Section 16-902(c) of Chapter 16, Article IX, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-902 Administration of the retirement plan. (c) All trustees shall serve a term of ) four 4 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. SECTION 4: Section 16-905(b) of Chapter 16, Article IX, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-905 Service retirement benefits; cost of living adjustment; disability retirement. (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: Coding: Words in eel( threu ► type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2200 March 24, 2010 Page 4 of 7 (1) For elected officials: Twenty Six and two-thirds 6 2/3% percent of the final monthly compensation for each completed # wee year of service term, with a pro-rata accrual for partial years ems. The maximum benefit accrual shall be eighty (80%) of final monthly compensation. SECTION 5: Section 16-906 of Chapter 16, Article IX, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec. 16-906 Vesting and termination; purchase of prior service; appointment to covered positions from non -covered positions. (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 not to suffer a break in service in which case no benefits or refund of contributions shall be Pavable from the general employees pension plan until the employee terminates all city emalovment and otherwise aualifies for a benefit or refund of _contribution from to be deemedvested 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 Coding: Words in s#FUek thFough type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2200 March 24, 2010 Page 5 of 7 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 pension 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, the person shall become a new member of that plan effective upon the date of promotion, re -categorization or appointment. The FneFnbeF 09 deemed vested On this plan fOF a" yeaFs of eFedited service i In the event that an employee enters this plan as a result of promotion re -categorization or appointment from a position covered by the general employees pension plan, the eml2loyee shall be credited with service in this plan for purposes of participation, vesting ,and breaks in service but not for benefit purposes) based u on service in non -covered employment for the city, provided that the member 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. Coding: Words in struek thFeu type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2200 March 24, 2010 Page 6 of 7 0) For vested employees who serve in more than one of the cit 's classifications and are not covered by this plan at the time of retirement the pension benefit from this plan shall be payable upon the employee reaching the normal retirement date of the plan under which the em to ee is covered at the time of retirement. The benefit amount from this pian shall be established by calculating the benefits earned while covered by - this plan and the employee's final monthly compensation in effect at the time of the employee's retirement. The benefit payable from this plan shall be only for the employee's service under this plan and the benefit for the employee's service in classifications covered by other city pension tans shall be paid by the other pension plans which covered those classifications. However, the total of all such benefit payments shall be sub'ect to limitations established by Florida Statute Section 112.65. 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 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 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 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 Coding: Words in GtFUek through type are deletions from existing law; Words in underscored type are additions. 1 Temp. Ord. #2200 March 24, 2010 Page 7 of 7 application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 9: This Ordinance shall become effective upon passage. PASSED, FIRST READING this �day of , 2010. PASSED, SECOND READING this .02� day of '2010. RECORD OF COMMISSION VOTE: 1st Reading MARION SWENSOW, dMC AYOR TALABISCO CITY CLERK DIST 1: COMM. BUSHNE L 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. 57, -- SAMUEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: 2nd Reading MAYOR TALABISCO DIST 1: COMM. BUSHNE L�� DIST 2: COMM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER Coding: Words in StFU& thFeu type are deletions from existing law; Words in underscored type are additions.