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
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Words in underscored type are additions.
Temp. Ord. #2200
March 24, 2010
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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.
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Words in underscored type are additions.
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March 24, 2010
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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:
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Words in underscored type are additions.
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March 24, 2010
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(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
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Words in underscored type are additions.
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March 24, 2010
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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.
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Words in underscored type are additions.
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March 24, 2010
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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
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Words in underscored type are additions.
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Temp. Ord. #2200
March 24, 2010
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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.