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Home My WebLink AboutCity of Tamarac Ordinance O-2013-014Temp. Ord. #2287 August 9, 2013 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2013- / AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 16, PENSIONS AND RETIREMENT, ARTICLE VI, PENSION PLAN, PROVIDING FOR THE DEFINITION OF TOTAL CASH REMUNERATION; PROVIDING FOR CLARIFICATION OF DISABILITY BENEFITS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the ordinance amendment establishing average final compensation was amended to exclude certain overtime and paid leave in accordance with Florida State Statutes in February, 2013; and WHEREAS, amending the definition of total cash remuneration to match the definition of average final compensation would clarify that these payments are also excluded from participants' pension contributions; and WHEREAS, the Division of Retirement has requested further clarification of certain disability benefits to maintain compliance with Florida Statutes; and WHEREAS, an amendment to the City Code is necessary to clarify such conditions, and WHEREAS, the trustees of the City of Tamarac Firefighters' Pension Trust Fund have reviewed the proposed changes, 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 1; and CODING: Words in StFUGk t type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2287 August 9, 2013 Page 2 WHEREAS, a letter stating the union has no objection to the foregoing changes to the pension plan has been received by the City from the IAFF; and WHEREAS, the City has submitted a copy of the ordinance to the State Division of Retirement; 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 upon adoption hereof. Section 2: That Section 16-401 of Chapter 16, Article VI, Division 1, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: Sec.16-401. Definitions. Total Cash Remuneration means the fixed monthly remuneration including basic wages paid for services rendered to the City. Total cash remuneration shall exclude overtime in excess of three hundred (300) hours per calendar year earned on or after January 1, 2013, and shall also, exclude payments for any leave hours earned on or after January 1, 2013. Section 3: That Section 16-497 of Chapter 16, Article VI, Division 1, of the City of Tamarac Code of Ordinances, be and is hereby amended as follows: CODING: Words inStFUGk t type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2287 August 9, 2013 Page 3 Sec. 16-497. Amount of disability benefits. (a) Service -connected. For disability benefits approved on or after January 1, 2013, the monthly service -connected disability benefit shall be: (1) The greater of the participant's accrued retirement benefit; or (2) A monthly disability benefit equal to the average monthly compensation paid by the city for the participant's last position and pay step at the time of disability minus any disability income benefits actually received by the participant from the city's long-term disability insurance benefit plan and workers' compensation (including those portions of lump sum payments that are in consideration for discharge ofliability for future wage loss or total disability benefits), provided that {+} the benefit paid by the plan shall be equal to, but not exceeds forty-two (42) percent of the participant's average monthly salary at the time of disability for firefighters. (3) Entitlement to a monthly service -connected disability benefit shall commence on the date of disability and be payable on the first day of the following month and continue to be paid on the first day of each month thereafter. until the participant reaches normal retirement age, or should the participant die before reaching normal retirement age, for at least ten (10) years, with the balance payable to the participant's beneficiary. (4) Upon reaching normal retirement age, the participant's benefit shall be either a normal retirement benefit, with vesting credits for each year of service -connected disability benefits and average annual compensation based upon the base wage rates paid by the city during the period of the participant's disability for the participant's last position and step, or the benefit amount provided by subsection (a)(1) or (2) above, whichever is greater, continuing as provided by the retirement benefit option selected by the participant. Section 3: 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 CODING: Words ins U& t type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2287 August 9, 2013 Page 4 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 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5: 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 6: This Ordinance shall become effective on adoption. PASSED, FIRST READING this ��day of , 2013. PASSED, SECOND READING this day of .2013. CODING: Words in StFUGk t type are deletions from existing law; Words in underscored type are additions. ATTEST: PATRICIA TEUFEYCMC, CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: SAMUEL S. GOREN CITY ATTORNEY Temp. Ord. #2287 August 9, 2013 Page 5 BY: MAYOR BETH TALABISCO RECORD OF COMMISSION VOTE: 1 ST Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: V/M DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM. ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: V/M DRESSLER CODING: Words inStFUGk t type are deletions from existing law; Words in underscored type are additions. V Au. ttst 9. -2-0 13 TrLISteeS Of tfiC, City Of "I"aniarae Firefiohters' Pension Fun(.1 Ms.. lizab th BLI,S-h, National EinployeeBeneits Administrators, Inc. 10 1:0 N.W I 50th Avenue, Su 'I te. 100 AW Pembroke Pines, FL 3,30'.2, 8` PeTI.S.101. Plan, Uacfi*6 atxf Cl-entlet cw VIM ce In response. to your request, I have.re ed,: Ordnian :No. O�20 13-... T .1's. orc makes two 11nd elarifications t$,,--) the cun-ent lan-gluas.-le, of the plat! -related to the It does not. niake ally subs:uatj:t:j\!O definition of tou-11 cash remutne'ration and the disab*fity tt. Change's. art ol- We .0 h (,Ave- deterfliffled th,,tt the propossed rdinance. will. have, po act'Lizi ri,,,il Impact: on, the pla.n, If You have any (.1 ties tions please do not hesittate to cttll ni-e.. SU Charles T, Can- -Actuary