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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-012Temp. Ord. # T02348 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2016- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 16, PENSIONS AND RETIREMENT, ARTICLE VI, PENSION PLAN; PROVIDING FOR IMPLEMENTATION OF DEFINED CONTRIBUTION PLAN COMPONENT; PROVIDING FOR COMPLIANCE WITH SECTION 175.351, FLORIDA STATUTES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes to ensure that the City of Tamarac Firefighters' Pension Plan complies with Chapter 175, Florida Statutes, as amended; and WHEREAS, the Florida Legislature amended Chapter 175, Florida Statutes, to require plan sponsors of local law firefighter retirement plans to implement a defined contribution plan component; and WHEREAS, the City of Tamarac and Metro-Broward Professional Firefighters, Local 3080, International Association of Firefighters, have recently ratified a new collective bargaining agreement; and WHEREAS, Chapter 175, Florida Statutes, as amended, requires a defined contribution plan component be enacted upon the first collective bargaining agreement entered into after July 1, 2015, despite such not being funded; and WHEREAS, the City intends to determine the disposition of insurance premium tax revenues through the process of collective bargaining and mutual consent rather than through the default mechanism set forth in Section 175.351, Florida Statutes; and CODING: Words in StFUGk thmugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # T02348 Page 2 WHEREAS, the City Commission has received, reviewed, and considered an actuarial impact statement describing the actuarial impact of the amendment provided herein, attached as Exhibit I; 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 recitals 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 16-412 of Chapter 16, Article VI, Division 1, of the City of Tamarac Code of Ordinances is hereby amended as follows: Sec. 16-517. p.eseFved. Defined Contribution Plan Component. There is hereby created a defined contribution plan component that shall operate as an element of the plan and exist in conjunction with the defined benefit plan component that meets minimum benefits and minimum standards within the meaning of Chapter 175, Florida Statutes. The defined contribution plan component shall receive deposits if any, for the purpose of providing benefits to firefighters. The retirement benefits of the defined contribution plan component, if any, shall be provided through individual member accounts in accordance with the applicable provisions of the Internal Revenue Code and related regulations and are limited to the contributions, if any, made into each member's account and the actual accumulated earnings, net of expenses, earned on the member's account. The defined contribution plan component shall be funded in accordance with section 175.3510 ), Florida Statutes, provided that the deviation therefrom shall be based on reaching mutual consent on an alternative means of utilizing premium tax revenues, as provided for in section 175.351(1)(g), Florida Statutes. Mutual consent shall be defined as ratification by both collective bargaining agents of a collective bargaining CODING: Words in stwsk-thFaugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # T02348 Page 3 agreement in accordance with the Florida Division of Retirement's regulations and administrative guidance. Notwithstanding the foregoing establishment of a defined contribution plan component, the City and the firefighters' collective bargaining representative have reached mutual consent that all insurance premium tax revenues received on and after October 1, 2015, shall be used in accordance with Section 16-407 of the City Code. The funding and structure of this defined contribution plan component may be modified only by the mutual consent of the collective bargaining parties or by operation of Section 175.351, Florida Statutes. The provisions of this component governing earnings rates, distribution rules, and administration shall be negotiated between the City and the members' collective bargaining representative at the time Chapter 175 premium tax revenues are assigned to this component. 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 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, satisfaction of each of the following three requirements set forth below having been achieved prior to second reading: CODING: Words in s#rusk t#feagh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. # T02348 Page 4 (a) The City Commission received and has accepted a report establishing the actuarial soundness of these amendments in a letter of opinion from the Plan Actuary that the amendment has no actuarial impact, and (b) The Ordinance and impact statement have been sent to the State of Florida Division of Retirement-, and (c) The International Association of Firefighters has accepted the changes proposed in this ordinance in writing. PASSED, FIRST READING this c2`l day of , 2016. PASSED, SECOND READING this day of �� �Cti , 2016. /_Na1�"]M �PATRICIA TEUFEL, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form SAMUEL S. GOREN CITY ATTORNEY .� ►Jug �. HARkY DRtSSLER MAY09, RECORD OF COMMISSION VOTE- 1st Reading MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4. COMM. PLACKO RECORD OF COMMISSION VOTE- 2nd Reading MAYOR DRESSLER DIST 1: COMM. BUSHNELL c DIST 2: COMM. GOMEZ DIST 3- VICE MAYOR GLASSER v DIST 4- COMM. PLACKO CODING: Words in GtFUGk through type are deletions from existing law; Words in underscored type are additions. C C