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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1988-0401 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 Temp. Ord. #1415 Revised 12/21/88 CITY OF TAMAR*, FLORIDA ORDINANCE N�. 0-88-- VO AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBU- TIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES, PROVIDING THAT THE TRUS- TEES SHALL HAVE SOLE AND EXCLUSIVE RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHOR- ITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREEMENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAINTAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLEMENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGN- MENT OR TRANSFER OF PENSION BENEFITS, REQUIR- ING THAT TERMINATION PROCEDURES BE IN ACCORD- ANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPOR- ARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THERE- AFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCA- TION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COM- MENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS -1- Temp. Ord. #1415 1 2 3 4 5 S 8 9 10 11 12 13 14 15 16 17 9 9 24 21 22 23 24 25 26 27 28 29 x 1 i 32 33 34 35 AND FIRE FIGHTERS APPLY FOR WORKER'S COMPEN- SATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE - CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE _ TO GENERAL EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND FOR FORMER GENERAL EMPLOYEES TO SEARCH FOR WORK AND PROVIDING REDUCTIONS IN BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 165.08 OF THE FLORIDA STATUTES; AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS, PROVIDING .FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the State of Florida, Department of Insurance and Treasurer Bureau of Municipal Police Officers' and Firefighters' Retirement Funds has determined that certain changes are desirable to the City's pension ordinance, and WHEREAS, the City Council of the City of Tamarac determines that it is in the public interest to adopt the following ordinance, and WHEREAS, the following amendments have been approved by the Board of Trustees of the City of Tamarac Employees' Pension Trust Fund. -2- Temp. Ord. #1415 I 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 1.8 9 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That Article I, "Employees' Pension Plan" Section 19-1, of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: Sec. 19-1 Declaration of Trust (a) Definitions: (5) Contributions. The term "contributions" shall mean the payments required of the City of Tamarac and those payments made by the State of Florida for this Fund, or payments made by or on behalf of Participants or their beneficiaries. SECTION 2 That Article I, "Employees' Pension Plan", Section 19-1(c) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (c) Board of Trustees. (9_)Meetings - Notices . The Trustees shall meet at least once each quarter and at such other times as they deem it necessary to transact their business. The Chairman or the Secretary of the Board of Trustees may, and upon the Qc10 Temp. Ord. #1415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 8 19 20 21 22 23 24 25 26 27 28 29 -)o .l 32 33 34 35 written request of any two (2) Trustees'shall, call a meeting of the Trustees at any time by giving at least five (5) days' notice in writing, of the time and place thereof to the remaining Trustees. Notice of such meetings --shall be _posted or advertised to the public (12) Removal of Trustees. The Board of Trustees shall initiate action to cause the removal of any fellow Trustee who is not aualif ied to serve as a Trustee under may ---be serving-spa--a-Tr stee-in-vielation-of this Agreement or other applicable law. The vacancy or vacancies caused by such a removal shall be filled in accordance with Section 3.3 of this Article. SECTION 3 That Article I, "Employees' Pension Plan", Section 19--1(e) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (e) Powers and duties of Trustees. (1) Conduct of Trust Business The Trustees shall have generni; sole and exclusive supervision of the operation of this Trust Fund and shall conduct the business and activities of the Trust Fund in accordance with this Trust Agreement and applicable law. The Trustees shall hold, manage and protect the Trust Fund and collect the income therefrom and contributions thereto. The Trustees may in the course of conducting the business of the Trust, execute all instruments in the name of the City of Tamarac Employees' Pension Trust Fund. -4- Temp. Ord. #1415 1 2 3 4 5 7 8 9 10 Ili 12 13' 14' 15' 16 i 17 32 33 34 35 5) Deposits and Disbursements. All Trust monies not invested may shall be deposited by the Trustees in such appropriate depository or depositories as defined in Section 280.02(12) Florida Statutes as the Trustees shall, from time to time, select, and any such deposit or deposits, or disbursement therefrom, shall be made in the name of the Trust in the manner designated and authorized by the Trustees er--bp-the-Investment-Manager appointed in accordance with Section 5.4(b)(2) of this Article. 6) Allocation and Deleaation of Non -Investment Responsibilities . The Trustees may, by resolution or by law or by provisions of this Trust Agreement, allocate committees or subcommittees of the Board of Trustees. In addition, the Trustees may delegate such responsibilities and duties to other individuals as they may deem appropriate or necessary in their sole discretion, and consistent with state law provided, however, that such action shall have been approved by a majority vote of the Trustees, as provided in Section 3.12. Such delegations or allocations of res onsibilities shall not relieve the Board of Trustees of its responsibility for the sole and exclusive administration of the Trust Fund. _(9)____ Additional Authority . The trustees are hereby empowered in addition to such other powers as are set forth herein as conferred by law. WC Temp. Ord. #1415 11 2i 3 4 M 22 23 24 25 26 27 28 29 i 32 33 34 35 �d}--'Pe-pay-on,t-of-th,e-'Ernst-Pnnd-aii-rearand-wpereenai prepertp--taxee; --income-taxe�c;-and--ether-trues-of-any-and-ail kinds-iedied-or--assessed-ender-exseting-er--fnttsre--�awa-open or--in-respect-te-the-�'rtsst-Fund; -er-any--menep;-Prepertp; --or secu-ities-forming--a-part-thereef . (d) ie} To do all acts, whether or not expressly authorized herein, which the Trustees may deem necessary or proper for the protection of the property held hereunder, and (e) if} To sell, exchange, lease, convey, mortgage or dispose of any property, whether real or personal, forming a part of the Trust Fund upon such terms as they may deem proper and to execute and deliver at any time, any and all instruments of conveyance, lease, mortgage and transfer in connection therewith. (19) Reliance on Written Instruments . a By__Tru, stees. Any Trustee, to the extent permitted by -her or his fiduciary responsibility_and by applicable law, may rely upon any instrument in writing purporting to have been approved by a majority vote of the Trustees and signed in accordance with Section 5.1 as conclusive evidence of the fact that a majority of the Trustees have taken the action stated to have been taken in such instrument. In any controversy, claim, demand, suit at law, or other proceeding between any Participant or any other person and the Trustees, Q-1: Temp. Ord. #1415 1 2 3 4 5 22 23 24 25 26 27 28 29 32 33 34 35 the Trustees shall be entitled to rely upon any facts appear- ing in the records of the Trustees, any instruments on file with the Trustees, or with the City, and any facts certified to the Trustees, by the City, any facts which are of public record and any other evidence pertinent to the issue involved (d) The provisions of this section shall not relieve the Trustees of any responsibilities or obligations iRposed by Chapters 112 175 185, or 286 of the Florida Statutes or other a licable laws. 21 Establishment of Plan. (a) The Trustees and the Tamarac City Council shall adopt a written Pension Plan in accordance with State and municipal law wherein the Trustees, as named fiduciaries, shall have the authority to control and manage the operation and administration of the Plan in accordance with State and municipal law. Such plan shall provide for the payment of such retirement pension benefits, permanent disability pension benefits, death benefits, and related benefits, as are required by law or feasible:--The-Trustees-map-else-enter into-agreements--with-ether-�ruateea-of--i�ensien-i�iana--ovhich conform--te--the--applicable--sections-ef-the-then-applicable fnternQ�-Revenue--Bode--for--ptsrpesea-ef -tax-dedrectien-fer--the recrprecai-recognition-of--service-credzta--and--payments--of penmen--benefits--based-upan--atxeh--service--credits:---- The 'frtssteea--shall-nat-be-tinder-ang-obiigativn-to-pay-ar�p-penmen -7 - Temp. Ord. #1415 1 2 31 4 S 6 7 8 .9 10 11 12 13 14 15 16 17 8 19 20 21 22 23 24 25 26 27 26 29 '0 0 32 33 34 35 if-the--garment-e£--eneh.--pension-wii�-resezit-in--leas-of-tihe Treat--gnnd1s-tax-exempt-atatna--ender--the--then--nPPiieebie �nternni-Reven'a.e-Eede-rind-nnp-regtxlntiene--er--raixngs-ies�ed thereto: and shall include, �b}--the-�resstees-ecnd-the-Ettp-Eer�nei�-shah;--premn�ge�te rn�es:-regt�intiens;-and--preeednres-for-the-eperntien--ef-the by way of illustration and not limitation. ��}--the--estebiir�hment--and-maintenanee--e£--a--£ending standard-pe}rep J8}--a-procedure-for-estabiishing-and-earrping--out a -funding -policy 7 J9} any procedures for the allocation er-respen- sibiiities of authority for the operation and administration of the Plan. (8) ilO* the basis on which payments are made from the Plan. (b) a The Trustees shall agree by a majority vote of their total number to the Plan which shall then be submitted to the Tamarac City Council for enactment as an ordinance. This Plan and any amendments thereto, shall qualify under applicable provisions of the Internal Revenue Code. SECTION 4 That Article I, "Employees' Pension Plan", Section 19-1(f) of the Code of Ordinances of the City of Temp. Ord. #1415 Tamarac is hereby amended to read as follows: 1 2 3 4 � S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .1 32 33 34 35 (1) Submission to Trustees . All questions or controversies of whatever character, arising in any manner or between any persons or entities in connection with the Trust Fund or the operation thereof, which are related to any claim for any benefit by any Participant or any other person, shall, pursuant to Rules and Regulations adopted by the Trustees, be submitted to the Trustees, a--e©mmittee--of--the �rt�steea;--er--nn-ea�b�trntion-bode-sf-the-�rt�ateea-ee-pr©vide; and the decision of the Trustees, the-committee-or--arbitra- tien--bedp shall be final and binding upon all persons dealing with the Trust Fund or Plan, or claiming benefits thereunder. (2) Settling Disputes. The Trustees may in their sole discretion compromise or settle any claim or controversy in such manner as they think best, and any majority decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement entered into by the Trustees, shall be conclusive and binding on all parties involved in this Trust, provided that all such settlements are in accordance with the Pension Plan and applicable _state law. SECTION 5 : That Article I, "Employees' Pension Plan", Section 19-1(g)(2)) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: . . . 2.01: Temp. Ord. #1415 1 2 3 4 5 6 7 8 .9 10 11 I 12 13' 14 15 16 17 1 18 19 20 21 22 23 24 25 26 27 28 29 30 1 32 33 34 35 (2) Limitation Upon Beneficial Rights of Employees {a} All benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under any legal, equitable or any other process. in -the event-that-anp-claim--er-benefit-sha��;-because--of-any--debt inettrred--bp--er-reaaiting-from-anp--ether-ciarm-vr-liability agaznst-anp-Emp�epee;-Participant;-er-Beneficiary;-bp--reaaen ef-anp-enie;-aas�ignment;-transfer;-enenmbrance;-anticipation; er-ether--diapeaition-made-er-attempted-bp-said-Participant; Beneficiary;-er-£mpiopee;-er-bp--reaaen-ef-anp-aeirnre-er-sale er-attempted-sale-under-anp-iega�;=equitable-er--other-prece�srs er-in-anp-snit-er-preGeeding;--become-payable;-er-be-irable-to beeeme-pnpabie;--te-anp--person-ether--than-the-Participant-or Benefieiarp;--no-benefit--shall-be--payable-under-the-Pension Plan-tzntti-each-assignment;-transfer;--encumbrance;-anticipa- tien-er-ether-dispeaition;-writ-er-�egai-process-ia-eaneeiied er-withdrawn-in-such-a-manner--ns-shall-be-aatisfacterp-to-the Beard--ef--�Presateea:---Hntii--ae-cancelled-or--withdrawn;--the B®ard-ef-'f�steea-aha�i-have-the-right.-to-�tae--and--aPPip-the benefits--as-the--Beard---ef--�rex�tteea--map--deem--best-for--the s�xppert-and-maintenanee--ef -at�eh-Pertieipant-er-Benef icrarp: {b}---Shia-8ectien-shall-net-appi�r-te-gt�aiified--domestic reiatieAs-orders-te-the-extent-provided--in-the-Penaien-Plan: SECTION 6 That Article 1, "Employees' Pension Plan", Section 19-1(h)(2) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: M911C Temp. Ord. #1415 1 2 3 4 5 22 23 24 25 26 27 28 29 1 30 i 32 33 34 35 (h) Termination of Trust. (2) Procedure in Event of Termination. r . • (d) Distribute the remaining assets among-the--Partiei- yenta--and--benefscieriee--ef-the-Fein- in accordance with sections 175.361 and 185.37 of the Florida Statutes and other applicable law. SECTION 7 : That Article I, "Employees' Pension Plan", Section 19-1(i) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (i) Miscellaneous i3}--S£eTf8N--9:3-Reciprocity_- AgreementsT--The-Trustees may;-in-their--seie--discretien;--enter-inte-such-reciprocity agreement--or--agreements--with--ether--pension-funds--as-tie determine--to--be-in--the--best--interests-of--the-Trt:st-Pund provided--that--any-sueh-reciprocity--agreement-or-agreements sfiaii--net--be--consistent--Nit�i--tie--terms--ef--this--gust Agreement; Doc Temp. Ord. #1415 32 33 34 35 {?�} (6) Vesting of Rights. No Participant, Beneficiary or Employee or other person shall have vested interest or right in the Trust Fund except as provided by the Trustees -in eenfermanee-with-the-lnw: Pension Plan and Florida law. SECTION 8 That Article 1, "Employees' Pension Plan", Section 19-1.1(a)(2) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (a) Definitions (2) Average Final Compensation. The term "average final compensation" means one -twelfth of the average annual compensation defined as total cash remuneration paid for services rendered to the City, of the five highest years of service prior to the employee's normal retirement date or prior to the employee's voluntary discontinuance of participation in the Plan. �6}--Hemestie-Re�atsons-9rder:---�Phe-terra-domestic-re�n- tions--vrder�'-mennr�-any-�tidgment;--decree-er-erdar-{ineinding npproerai-of-n-property-settlement-agreement}-which-reintes-te ehi�d-se�ppert;-aiimeny--payments-er-rnnritai propertp-rights-to--n--spense--der---former--apense;-t�ixid;--er ether--dependent-of--a-Participant;--made-pnrsnant-te-n-stete domestic-reintions-inw- MIPM Temp. Ord. #1415 1 2 3 4 5 71 32 33 34 35 48} (7) General Employees. The term "general employee" shall mean any person employed by the City in covered employment other than a police officer, firefighter, ten-porary employee or elected official. SECTION 9 : Article I, "Pension Plan", Section 19-1.1 (b) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (b) Participation in the Pension Plan. (1) A person shall become a Participant on the first day of service. Each full-time employee of the City shall be a Participant in the Plan except (1) employees engaged directly by City Council shall not be eligible to be Partici- pants in this Pension Plan and (2) temporary general em 10 ees and (3) any person covered by the Plan on February 13, 1980, may elect by September 30, 1987 to discontinue participation in the Plan; such election shall be irrevocable, and (3) any person initially employed as or promoted to any of the following classifications shall elect to participate or not participate in the Plan: City Clerk, Risk Manager, Chief Building Official, Assistant Building Official, Deputy City Engineer, Deputy Utility Engineer, Director of Community Development (Planner), Finance Director, Assistant Finance Director, Personnel Director, Public Works Director, and Utilities Director/City Engineer, such election shall be irrevocable for as long as the employee has such position. Should any Participant elect to discontinue participation in the Plan as permitted by (2) and (3) above, the Participant's entitlement to benefits here under shall be governed by the Plan provisions in effect at -13- Temp. Ord. #1415 the time of such discontinuance. 1 2 3 4 5 7 8 9 10 11 12 I 13' 14' 15 �I 16 17 '8 �9 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 Termination Payout A Participant who is a_ general employee and is vested and terminates employment 10 or more ears before earl retirement a e shall have the option --to receive, in a sin le lump sum, the actuarial present value of the Participant's vested benefit in full satisfaction of all benefits due to said participant from the Plan. Application for such a benefit must be made within 45 days of the Participant receiving a notice from the Plan showing the value of such benefit and must be accom anied by the consent of the Parti- cipant's -spouse. Upon receiving this benefit, the Partici- ant shall lose all vesting credits, no longer be entitled to any further benefits from the Plan, and be re arded as a new employee should the Participant thereafter be re-emDloved by the City. SECTION 10 Article I, "Pension Plan", Section 19-1.1 (f) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (f) Forms of Benefit Payments (1) Forms of Benefit Payments. A Participant who has a right to receive a pension benefit as provided in Section 5-1 (Right to Pension Benefits) shall automatically be paid the standard form of benefit payment, which_ is ten years certain and life, unless a timely election is made to receive an optional form of benefit payment. (2) Standard Benefits het}--Married-i�artieipnn��--'ffie-atandnrd-penaion--benef xt -14- L- Temp. Ord. #1415 1 2 3 4 5 7 22 23 24 32 33 34 35 for--married--�articipanta---ahaii--be-a--joint--and--e�.�*iver annaitp:--�Pfiis-form-ef-benefit-ahaii-provide-menthip-papments of--a--amaiier-e.�ne�nt-for-the--life--of--the-participant: -with menthip-papments-continuing--thereafter--for-the--life-ef-the apenae;---�Phe-monthly-benefit-papabie-te-the--apease-aha�:i-be a9$-ef-the-monthip-benefit-payable--daring-the-joint-lives--of the-�articipant-nnd-the--apense.---ff-papment-ef-a-penaxen-is te-be-made-in- the- farm-ef--e-58�--deint-and-Snrvirrer-Fensien; the-Fensien-amount-r�hall-be-ad�ngted-ae-aa--to-be-actuarially equivaiGnt-to-the-atandnrd-benefit-for-an--unmarried-partici- pant: �b}---Hnrnnrried--�artieipanta:----the--rstandard--penaien benefit-for-�articipanta-who--are-net--married-shall-be-a-life anntaity-papabie--for-the--Farticipant1s-life-and-ceaarng-txpen his -death: The standard pension benefit shall be 10 years certain (3) Option Benefits. (b) Any other actuarially equivalent benefit approved by the Board or provided by sections_ �175.417 and 185.161, Florida Statutes. 4 Election of Optional Benefits. fb}--�enaent-ef-Spet�ae--The-ape�xse-ef-a-married-Fartici- pant--mn�st--cenaent-te--any--eleetien--te---wairre-a-point--and 5 61: Temp. Ord. #1415 1 2 3 4 5 6 7 8 -9 10 11 12 13 14 15 16 17 a 8 19 20 21 22 23 24 25 I 26 27 28 29 R- -4q 1 32 33 34 35 anrvivor-annuity-bp--signing--the--eleetien--befere-a--notary pnbiie ---The--speasela-written-eenaent-mn.st-acknowledge--the effect-ef --aach-t�-Naiver :----Eonsent-ef -the-speaae--mete-net-be required-bp-the-$oard-ef-mrtxateca:-in-its-aeie-diaeretiea;-if there-is-ne-spe�►ae;--er-xf--the-epet:ae---Gannet-be-iecetted; -er for--at�ei�-ether-eircnmatnnces-aa-map-be-approved-bp-the-Beard Anp-eonsent-by-n-speuae-for-Hat-roe;Hiring-eenaent-aa-provided herein}-ahaii-be-effective-enip-raitk-respect-te-at�eh-apease: b Each Partici ant ma , on a form provided for that urnose, sianed and filed with the Board of Trustees, desi nate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of the Partici- pant's death; and each designation may be revoked by such Participant by signing_-and_fil_ing with the Board of Trustees a new _designation -of -beneficiary form. _(c) _ If a deceased Participant failed to name a benefi- ciary in the manner prescribed in subsection (b), or if the beneficiary (or beneficiaries) named by a deceased Partici- pant predeceased the Participant, the death benefit, if any, which may be a able under the Plan with respect to such deceased Participant ma be aid, in the discretion of the Board of Trustees either to: (i) the s ouse or de endent children of the Participant; or (ii) the dependent living parents of the Participant; or (iii) the estate of the Participant. d ic} Time Limits - Any optional form of benefit payment must be elected prior to commencement of benefits from this Pension Plan and is subject to chan a as rovided in Section 6-5(b) hereof. (5) Revocation of Election. -16-- Temp. Ord. #1415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 t 1.8 19 20 21 22 23 24 25 26 27 28 29 r 30 1 32 33 34 35 (a) Revocation -by Participant - An election of a standard or optional form of benefit payment may be revoked at any time bit-ne-iec�er-theta- -ten-daps-receipt-of-��ie---fie before the first payment of benefits from this Pension Plan. Such a revocation must be in writing, signed by the Partici- pant. �b}-----Eensent-ef--spenae : ---'Pie--epenae--of--n--married Partxeipan�-rnt�e�-cenaen�--fie--nap---reveeset�ien--ef-a-�esn�--and aarrrrver-etnnnitp-in-��ie-same-rnetnner-ae-preerided-in-etibece�ien �e}-ef-Beetien-6-4--�Elee�ien-ef-6ptiene►�-Benefits}: �c}--�f-eta-eiee�ien-ig--revoked; -then-�ke__efetnde.�'d-form of--benefi�-petpmen�-s�xaii-be-pettd-aniess--etnetber-e�ec�ien-ef esn--eptieneti--benefif--papmen�--ie-ttnteip-made-ate-provided-in Beefien--6-4�-{Eieefien-ef-9ptieneti-Benefi�9} (b) id} After benefits have commenced, a retired participant may change her or his designation of___joint annuitant or beneficiary twice in the manner prescribed in sections 175.333 and 185.341, Florida Statutes. SECTION 11 Article I, "Pension Plan", Section 19-1.1 (g) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (g) Disability benefits. (1) Right -to disability benefits . -17- Temp. Ord. #1415 (a) Service -connected - A service -connected disabil- ity benefit shall be payable if a participant; (1) isa general em to ee who has suffered a service -connected injury, illness, disease, or disability which permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty for the City, and or is a firefighter or 2alice officer who has suffered a service -connected injury, illness disease or disability which permanently and wholly prevents the fire- fighter or police officer Partici ant from rendering useful and efficient service to the City as a firefighter or olice (2) has filed a claim for disability benefits, worker's compensation benefits, Social Security disability benefits and long term disability insurance benefits, exce t this requirement shall not apply to firefighters _or_p_olice _ (c) Non -Service Connected - A non -service -connected disability benefit shall be payable if a participant: (1)(i) is a general employee, or is a firefighter or police officer with two but less than ten vesting credits and has suffered a non -service connected in'ur illness, disease or disability which _permanentl_y incapacitates the Partici- pant, either mentally or physically, from his regular and continuous duty for the City, er--ins-a--firefighter--or-police officer--whe--harp--at�fftred---a-nen-�ergiee--connected-in�nrp; iiInes a 7 -disease--er-disabiiitp--which-permanentiy-and--whoiip -18- Temp. Ord. #1415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 32 33 34 35 prevents- the--firefighter-er--peliee--of ficer--f rem -rendering useful-and-efficient--service-te-the-city-ccs-a-firefighter-er police-officer;-r�rith-2--bn.t-leas--then-l9-veating--credits-and hns-suffered-a-non-service-connected-injury;-illness;-disease er--disability--rahieh---perrnaner�tlp-tneapaeztetes-the-i�a�'tici- pant;--either-mentally--er-physically;--from-hza--regular-and continuous --duty or any other gainful full-time employment, land} or (ii) is a police officer or firefighter with 10 or more vesting credits who has suffered a non -service connected injury, illness disease or disability--and-is wholl prevented from rendering useful and efficient service as such_, and (4) has filed a claim for disability benefits, Social Security disability benefits and lon term disabilit insur- ance benefits. (d) Option - A Participant who is eligible for an early normal retirement benefit may, at the Participant's option, elect said benefit in lieu of a service -connected disability_ benefit. (2) Amount of Disability Benefits. (a) Service -Connected - The monthly service -connected disability benefit shall be: . . . (2) a monthly disability benefit equal to the -19- Temp. Ord. #1415 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 ,8 19 20 21 22 23 24 25 26 27 28 29 r 30 1 32 33 34 35 average monthly compensation monthly--base-wage-rate 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, Social Security and Worker's Compensation, (including thoseportions of luM- payMents that are in consideration for dischar e of liabilit for future wage loss or total disability benefits) , provided that -the benefit paid by the Plan shall not exceed 66 2/3% of the Participant's average monthly compensation salary at the time of disability for general employees and 75% of the Participant's average monthly salary at the time of dis- ability for police and fire employees, and provided_ further that the benefit paid by the Plan to disabled firefighter and police officer Participants shall not when combined with an disabilit benefits actuall received by said police and firefighter Participants from the Cit 's Long Term Disabilit Insurance Benefit Plan and worker's Compensation (including thoseportions of lum -sum payments that are in consideration for discharge of liability for future wa a loss or total disability benefits) be less than 42% of the disabled fire- fighter's or 20lice officer's average-monthlyaverage-monthLy compensation at the time of disability,_ (3) Entitlement to a the 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 aid 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 years, with the balance payable to the Participant's beneficiary. . . . WUM Temp. Ord. #1415 (c) Non -Service Connected 10 or More Vesting Credits - The monthly non --service connected disability benefit for participants with at least ten (10) vesting credits shall be: (2) A monthly disability benefit equal to the monthly -base -gage -rate average monthl-yco_mpensation 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 Social Security provided that the benefit paid by the Plan shall not exceed 20% of the Participant's average monthly salary compensation at the time of disability for general employees and 35% of the Participant's average monthly salary compensation at the time of disability for police and fire employees, and provided further that the benefit paid by the Plan to disabled firefighter and police officer Participants from the City's Long Term Disability Insurance Benefit Plan and Worker's Compensation (including those portions of lump -sum payments that are in consideration for discharge of liability for future wage loss or total disability benefits) shall not be less than 25% of the disabled firefighter's or police officer's average monthly compensation at the time of disability. (3) Determination of Disability. -21- Temp. Ord. #1415 1' 2 3 4 (b) Continuing Review - The Board shall review the status of each disability benefit recipient once each year and may, in its sole discretion, require recipients, as a condition of continued payment of disability benefits, to submit physician's reports, submit to examinations, at the Plan's expense, by physicians or other medical, vocational or rehabilitation professionals, or, if the recipient is a former general eM21o_yee, or submit copies of their annual federal income tax returns to substantiate continued disability, or, if the recipient is a formergeneral employee receiving anon -service connected disability benefit, submit roof of atteEpts to secure suitable gainful eM2loyment. Should a general em to ee or a general eMRloyee disability recipient not submit copies of his or her annual federal income tax return after being requested to do so by the Board, the Board of Trustees may, after notice to the general employee or a general em to ee disability -recipient, suspend the disability benefit p aid to said former general em to ee until said reci lent has fully complied with the obligations of this section. :_ . .,Disability.. _ 4 Recovery from_.,„_ (b) Recovery from Non --service Connected Disability and Re-RIPPL2yment by Another Em 10 er - If a general employee non -service connected disability recipient recovers and obtains gainful full-time employment (other than employment -22- Temp. Ord. #1415 in a sheltered workshop, Goodwill Industries, or other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 lI 32 33 34 35 employment program for the handicapped), the Partic_i2ant's disability benefit shall be discontinued. If a firefighter or police officer non -service connected disability recipient recovers so as to be able to render useful and efficient service as a firefighter or police officer, the Participant's disability benefit shall be discontinued. or--is—offered compe.rabic--gninftii-ft�ii-tune-employment-_bp_--the--@ifp: --the Pnrtitipant1sx--di�sebiiitp-benefit-eizaii-be-diseor�tinned (5)� Duty to Cooperate, Work _Search and Reduction in Disability Benefit (a) ARplicants for and reci ients of disability pen- sionsmust_ apply -for Social Security disability benefits, long term disabilit_y insurance benefits and for service - connected disability, worker's -compensation benefits. Applicants must provide the information necessary to support such claims to the insuror or Social Security Administration, diligently ursue such claims and submit to appropriate medical examinations requested by said insurors in connection with such claims. b Recipients of non -service connected disability pensions who were general, em to ees at the time of disability and recover from disability shall be under a continuing obligations to search and apply for suitableainful em to - ment commensurate with their experience,--- age. and physical condition and to notify the Board of Trustees immediate) upon obtainin such em to ent. -23- Temp. Ord. #1415 1 2 3 4 5 6 7 32 33 34 35 (c)__ Should the Board of Trustees determine, after notice to thedisabilitypension recipient that the recipient has not complied with the obligations imposed by this sec- tion, the Board maw : (1) reduce the maximum service -connected disabil- itY 2ension benefit paid b the Plan to 42% of the Partici- pant's average monthly compensation at the time of disabilit or his accrued benefit, whichever is higher, or (2) reduce the maximum non -service connected disability pension benefit 2aid by the Plan to 25% of the Participant's average monthly com ensation at the time of disability for formerpolice and fire em to ees, or his ---- --- _.,_, accrued_ benefit, whichever_is higher, or (3) Suspend a non -service connected disability benefit paid to a former general employee until said reci- pient has fully complied with the obli ations of this section. SECTION 12 That Article I, "Pension Plan", Section 19-1.1(i) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (i) Benefit Level. (d) For employees who served in more than one (1) of the above classifications: &XIC Temp. Ord. #1415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (2) Involuntarily due to transfer to another classification due to physical or mental disability, or the elimination, transfer or merger of the City's police or fire departments or the contracting out of the work performed by any department, the benefit level shall be calculated by multiplying the vesting credits earned for all years of service by the benefit level for the original pre -transfer classification provided that service as a firefighter, police officer and general employee shall be accounted for separ- ately and benefits shall be aid accordingly from the a ro- pria_te accounts of the Plan._ (4) Minimum Benefit The minimum total benefits _paid to any Participant and joint survivor annuitant shall be at least the amount of the Partici ant's Accumulated Contributions. If, after the death of the Participant and survivor and the payrnent of all benefits due hereunder, the minimum benefit has not been aid, the balance shall be paid to the Participant's desig- nated beneficiary or, if there is no survivin2 beneficiary, the Participant's estate. SECTION 13 : That Article 1, "Pension Plan" Section 19- 1.1(k) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (k) Pre -retirement Survivor Benefits. (1) Pre -retirement Death Benefits for Vest Par- ticipants . -25- Temp. Ord. #1415 The amount of the survivor benefit shall be equal to 50% of the Actuarially Equivalent single sum value of the Par- ticipant's vested Accrued Benefit as of his date of death, or, if the equivalent -single sum value of the amount the spouse or other beneficiary could have received had the Participant retired on the day of death and elected a 100% joint and survivor annuit , whichever is greater. If this single sum amount is less than $3,500, it shall be paid in a lump sum to the spouse or designated Beneficiary, as the case may be, as soon as is practicable following the participant's death. If the single sum amount exceeds $3,500, the benefit shall be paid in the form of an immediate monthly survivor annuity unless the Beneficiary and the Board agree to an alternative Actuarially Equivalent form of benefits. -(�}--interest-�isat:�nptiien.--Fer-ptarpeses-ef-eemptxtxng-tie present--rraiQe-ef-a-benefit--peapabie--tinder-ti�is-Section---the interest- -as sumption-- to- -be-tised--shaii-be-- the- -aetuariaiip assumed-interest-rate-adopted--bp--the-$esrd-ef --Trustees : SECTION 14 : That Article I, Section 19-1.2 "Adminis- tration and Operation of the Pension Plan" is hereby amended by amending Section 19--1.2(a)(1) to read as follows: Section 19--1.2. Administration and Operation of the Pension Plan (a) Generally -26- Temp. Ord. #1415 11 2 3 4 5 6 I 7 9 10 11 12 13 14 15 16 17 32 33 34 35 (1) Board of Trustees . The Board of Trustees shall administer and control the operation of this Pension Plan in accordance with the provisions of this Pension Plan, the Declaration of Trust, and this Ordinance, and other Florida Law. The Board of Trustees, or any other person to whom the Board of Trustees may allocate or delegate such authority, shall, from time to time, establish rules for the interpretation, application and administration of the Pension Plan. In making any such determination or rule, the Board of Trustees shall pursue uniform policies and shall not unreasonably discriminate in favor of, or against, any person or group of persons. SECTION 15 That Article I Section 19-1.2 "Administra- tion and Operation of the Pension Plan" is hereby amended by amending Section 19-1.2(c) to read as follows: (c) Funding. -(I)---Generally. The Plan shall be funded by contributions from Participants, contributions from the City of Tamarac and the amount derived from the premium taxes provided in Florida Statutes Section 175.101 and 185.08 and other income sources as authorized by law. Monies received in accordance with sections 175.101 and 185.08, Florida Statutes, may be used for police officers and firefighters only. (2) Participant Contributions. All Participants shall make regular contributions at the rate of five percent of total cash remuneration uaid for services rendered to the City earnings which shall be deposited in the fund at least monthly. The City of Tamarac shall assume and pay Participant contributions in lieu of payroll deductions from -27- Temp. Ord. #1415 1 2 3 4 Participants' earnings. No Participants shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City directly to the Plan. All such contributions by the City shall be deemed and considered as a part of the Participant's Accumulated Contributions and subject to all provisions of this plan pertaining to Accumulated Contributions of Members. This City "pick up" of contributions is the result of a 5% reduc- tion of each Participant's base pay and of base pay levels which occurred on October 1, 1986 and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. SECTION 16 : That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 1.7 : If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. C"M Section 18 This Ordinance shall become effective immediately upon adoption and passage. PASSED AND ADOPTED on first reading on this vZ- day of 1988. PASSED.AND ADOPTED on second reading on this �/ day of _ 1988. ATTEST: CAROL A. EVANS CITY CLERK APPROVED AS TO FORM: BY :'wig 1 RICHARD L. DOOD �) CITY ATTORNEY ORD.CONTRIBUTIO ORDS.CONTRI _29_ �Iiul.l_All I iL..1.,..r4 0- • MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ ' ..�.__. die �,e DISTRICT 1: C/M ROHR DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMA DISTRICT 4: C/M BENDER I.r P 0� Tq 9 Y, n y R\ 1 January 6, 1989 if 7525 NORTHWEST 88TH ANE (JE TAMARAC, FLORIDA 33321-2401 LEPH ON E (305), 722.5900 Robert Ussery, Codification MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDINANCE NO'S: Very truly yours, CITY OF TAMARAC CITY CLERKIS OFFICE ENC. 0-88-40, 0-88-41, 0-88-42 AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STA s. ti OF T q c� n r x �4OR% P V January 6, 1989 7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722-5900 BROWARD COUNTY LIBRARY 100 South Andrews Avenue Fart Lauderdale, Florida 33301 Enclosed please find your copy from the CITY OF TAMARAC, the following,, ORDINANCE NO'S: Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. 0-88-40, 0-88-41, 0-88-42 AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS ti OF rgM99 y v n c �OFi 1),- January 6, 1989 7525 NORTHWE T 3TH AVENUE TAMARAC, FLORIDA 33321.2401 TELEPHONE (305) 722.5900 7 Robert Laslie, Supplements MUNICIPAL CODE CORPORATION P.O. Box 2235 Tallahassee, Florida 32304 Enclosed please find your copy from the CITY OF TAMARAC, the following; ORDINANCE NO'S: 0-88-40, 0-88-41, 0-88-42 Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER NONDISCRIMINATION ON THE BASIS OF HAN Temp. Ord. ## 1415 CITY OF TAMAIRAC, FLORIDA ORDINANCE No. 0-88- AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBU- TIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES, PROVIDING THAT THE TRUS- TEES SHALL HAVE SOLE AND EXCLUSIVE RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHOR- ITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREEMENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAINTAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLEMENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGN- MENT OR TRANSFER OF PENSION BENEFITS, REQUIR- ING THAT TERMINATION PROCEDURES BE IN ACCORD- ANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPOR- ARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THERE- AFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCA- TION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COM- MENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS -1- Temp. Ord. #1415 AND FIRE FIGHTERS APPLY FOR WORKER'S COMPEN- SATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE --CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE -- CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUC- TION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIB- ING THE BASIS OF PARTICIPANT CONTRIBUTIONS, PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the State of Florida, Department of Insurance and Treasurer Bureau of Municipal Police Officers' and Firefighters' Retirement Funds has determined that certain changes are desirable to the City's pension ordinance, and WHEREAS, the City Council, of the City of Tamarac determines that it is in the public interest to adopt the following ordinance, and WHEREAS, the following amendments have been approved by the Board of Trustees of the City of Tamarac Employees' Pension Trust Fund. W= Temp. Ord. #1415 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That Article I, "Employees' Pension Plan" Section 19-1, of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: Sec. 19-1 Declaration of Trust (a) Definitions: (5) Contributions. The term "contributions" shall mean the payments required of the City of Tamarac and those payments madejay the State of Florida for this Fund, or payments made by or on behalf of Participants or their beneficiaries. SECTION 2 : That Article I, "Employees' Pension Plan", Section 19-1(c) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (c) Board of Trustees. (9)_ _ Meetings -- Notices . The Trustees shall meet at least once each quarter and at such other times as they deem it necessary to transact their business. The Chairman or the Secretary of the Board of Trustees may, and upon the -3- Temp. Ord. #1415 written request of any two (2) Trustees shall, call a meeting of the Trustees at any time by giving at least five (5) days' notice in writing, of the time and place thereof to the remaining Trustees. Notice of such meetings shall. be posted or advertised to the public 12) Removal of Trustees. The Board of Trustees shall initiate action to cause the removal of any fellow Trustee who is -not --qualified to serve as a Trustee under map --be gerersng-ee-ee-�rtxstee--in-e►e�eeien-ef this Agreement or other applicable law. The vacancy or vacancies caused by such a removal shall be filled in accordance with Section 3.3 of this Article. SECTION 3 : That Article I, "Employees' Pension Plan", Section 19--1(e) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (e) Powers and duties of Trustees. (1) Conduct of Trust Business The Trustees shall have general; sole and exclusive supervision of the operation of this Trust Fund and shall conduct the business and activities of the Trust Fund in accordance with this Trust Agreement and applicable law. The Trustees shall hold, manage and protect the Trust Fund and collect the income therefrom and contributions thereto. The Trustees may in the course of conducting the business of the Trust, execute all instruments in the name of the City of Tamarac Employees' Pension Trust Fund. . . . -4- Temp. Ord. #1415 (5) Deposits and Disbursements. All Trust monies not invested may shall be deposited by the Trustees in such appropriate depository or depositories as defined in Section 280.02(12), Florida Statutes as the Trustees shall, from time to time, select, and any such deposit or deposits, or disbursement therefrom, shall be made in the name of the Trust in the manner designated and authorized by the Trustees or-bp--the--investment-Manager appointed in accordance with Section 5.4(b)(2) of this Article. (6) Allocation and Delegation of Non -Investment Responsibilities . The Trustees may, by resolution or by law or by provisions of this Trust Agreement, allocate committees or subcommittees of the Board of Trustees. In addition, the Trustees may delegate such responsibilities and duties to other individuals as they may deem appropriate or necessary in their sole discretion, and consistent with state law provided, however, that such action shall have been approved by a majority vote of the Trustees, as provided in Section 3.12. Such delegations or allocations of responsibilities shall not relieve the Board of Trustees of its res onsibilit for the sole and exclusive administration of the Trust Fund. (9) Additional Authority The trustees are hereby empowered in addition to such other powers as are set forth herein as conferred by law. Q7C Temp. Ord. #1415 id}--To-pay--out-of- the- Trust -Pond-a-Ia-real -and-personal . property-taxes;-ineeme-taxes;-and-ether-taxes-of-anp-and--all kinds- levied-er-assessed--under--existing-or- future- laws-tpon or-in-reapeet-te--the-�r�st-Pand;-er-any--money,-property;-er securities-fermxng-a-part-thereef .(d) Je} To do all acts, whether or not expressly authorized herein, which the Trustees may deem necessary or proper for the protection of the property held hereunder, and (e) if} To sell, exchange, lease, convey, mortgage or dispose of any property, whether real or personal, forming a part of the Trust Fund upon such terms as they may deem proper and to execute and deliver at any time, any and all instruments of conveyance, lease, mortgage and transfer in connection therewith. . . . 19) Reliance on Written Instruments . (a) BY -Trustees. Any Trustee, to the extent permitted by her or his fiduciary responsibility and by applicable law, may rely upon any instrument in writing purporting to have been approved by a majority vote of the Trustees and signed in accordance with Section 5.1 as conclusive evidence of the fact that a majority of the Trustees have taken the action stated to have been taken in such instrument. In any controversy, claim, demand, suit at law, or other proceeding between any Participant or any other person and the Trustees, Temp. Ord. #1415 the Trustees shall be entitled to rely upon any facts appear- ing in the records of the Trustees, any instruments on file with the Trustees, or with the City, and any facts certified to the Trustees, by the City, any facts which are of public record and any other evidence pertinent to the issue involved r d) The_provisions of this section shall not relieve the Trustees of any res onsibilities or obligations i osed by Chapters 112 175, 185, or 286 of the Florida Statutes or otherapplicable livable laws. (21) Establishment of Plan. (a) The Trustees and the Tamarac City Council shall adopt a written Pension Plan in accordance with State and munici al law wherein the Trustees, as named fiduciaries, shall have the authority to control and manage the operation and administration of the Plan in accordance with State and municipallaw. Such plan shall provide for the payment of such retirement pension benefits, permanent disability pension benefits, death benefits, and related benefits, as are required by law or feasible:--- 'fie-T"stees-map-aise-enter into-agreements-with--ether--�rrsstees-ef--Pensien-giana--eehxeh eenferm-te--the-appiicabie---sections-of---the-then--appiieabie �nternai-Rerrent�e-Cede-for---p�zrpeses--ef-tax-dednetien-for-the ree�rpreeai-roe®gnztien---ef--�rervxee-credste--end----papmente---of pensxen-benefits--based---zzpen--stseh---service--credits : ----The �rtcstees-shah-not--be-under-anp-ebixgatien-te-pap-anp-pension -7- Temp. Ord. #1415 if-t€ie--payr�e�►t--a€-s�ei�--per�sieri--- w�_l:i-resrzit-in--ioaa-ef-the g'x'ttst.-�r��d-�e-tam---exempt--status---t�ndcr-the--then--apPiicabie lnterngl-Reventi:e--Cede-and--any-regtzlatiena-er--rrxlxngs-iastred theretev and shall include, -The-Trustees-end-the-city-Cetineii-shall T-premttlgate rtzltsT-regtzlat ions T -and--preeednres-fet:-t3�e-eperetien--ef -tie Pension-PlanT--ineinding; by way of illustration and not limitation. f7}---the--estabiishment.-- and -maintenanee-of---a--funding standard-pelicy �9}--a-praeedttre-_€et:-eetal�lishing-and-earrying-etit s-fttnding-pelicy 7 49� any procedures for the allocationor-respon- sibilities of _authority for the operation and administration of the Plan. (8) iiO} the basis on which payments are made from the Plan. (b) e The Trustees shall agree by a majority vote of their total number to the Plan which shall then be submitted to the Tamarac City Council for enactment as an ordinance. This Plan and any amendments theieto, shall qualify under applicable provisions of the internal Revenue Code. SECTION 4 : That Article 1, "Employees' Pension Plan", Section 19-1(f) of the Code of Ordinances of th,� City of U:30 Temp. Ord. #1415 Tamarac is hereby amended to read as follows: (1) Submission to Trustees All questions or controversies of whatever character, arising in any manner or between any persons or entities in connection with the Trust Fund or the operation thereof, which are related to any claim for any benefit by any Participant or any other person, shall, pursuant to Rules and Regulations adopted by the Trustees, be submitted to the Trustees, a-eemmittee--of--the 'f�etees;-er-an-arbitratten-bedp--fif-the--Trtxatees-se-probide; and the decision of the Trustees, the--eemmittee-er-arbibra- tien-bedy shall be final and binding upon all persons dealing with the Trust Fund or Plan, or claiming benefits thereunder. (2) Settlin Dis utes. The Trustees may in,their sole discretion compromise or settle any claim or controversy in such manner as they think best, and any majority decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement entered into by the Trustees, shall be conclusive and binding, on.all parties involved in this Trust, provided that all such settlements are in accordance with the Pension Plan and applicable state law. SECTION 5 : That Article I, "Employees' Pension Plan", Section 19-1 (g) (2) ) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: Temp. Ord. #1415 (2) Limitation Upon Beneficial Rights of Em to ees ia} All benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under any legal, equitable or any other process. in -the event--that-any-claim-er--benefit-shall;-because-of-any--debt ine�rred--bp-er-res�iting--frem-any--ether-claim-ar-liability against-any-Empaeyee;-Partieipant;Wor-Beneficiary;-by--reasen ef-any-9aie:-assignment;-transfer;-encumbrance;-antxcrpatien; er-ether-dispesitien-made-er-attempted-by-said-Participant; Henefieiary;-er-Empieyee;-or-bp-reasen-ef-any-seizure-or-aaie er-attempted-aaie-tender-any-legal;-equitable-er-ether-preceaa er-in-any-swat-er-preeeeding;-beeeme-payable:-or-be-iiabae-ta beeemE-payable;-te-any-persen--ether--than-the-Participant-er Beneficiary;-ne--benefit-shsai-be--payable--under-the-Penmen Plan-anti}-a�eh-assignment;-transfer;--encumbrance;-anticipa- teen-er-ether-daspesitien;-�r$t-er-legal-process-is-caneelied er-�itkdraa+n-in-s�eh-e-manner-as-sham-be-satisfactory-to-the Heard-ef-�ruateea;----Enna--se-eaneelled-er--�ithdra�n;--the Heard-ef-�rtzsteea-shall-hare-the-right-te-use--and--apply-the benefits--as--the--Heard-e£--Trt:steea--may--deem-beat-far-the s�ppert-and-maintenance-of-such-Participant-er-Beneficiary: �b}--Thaa--Bastian-shall-not-apply-te-qualified-domestic relatiena-orders-te-the-extent-presided-in-the-Penmen-Bien: SECTION 6 : That Article I, "Employees' Pension Plan", Section 19-1(h)(2) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: -10- Temp. Ord. #1415 (h) Termination of Trust. 2) Procedure in Event of Termination (d) Distribute the remaining assets among--the--Partie#- p8nts-and--beneftcreriea-ef-the--Plan; in accordance with sections 175.361 and 185.37 of the Florida Statutes and other applicable law. SECTION 7 : That Article I, "Employees' Pension Plan", Section 19-1(i) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (i) Miscellaneous �3}-Section--9:3--Reciprocity--�greementsz--the-Trustees map:--in-their--seie--discretion;-enter-into-stick-reciprecitp agreement--or--agreements-with--ether--pension--ftinds--as-the determine-te--be--in-the-best-interests--ef--the--�rttst-Ftind; provided-that--any-stick--recipreeity-agreement-or--agreements shah--net--be--consistent--with--the--terms--ef--this--Trust Agreement: 06C Temp. Ord. #1415 47} (6) Vesting of Rights. No Participant, Beneficiary or Employee or other person shall have vested interest or right in the Trust Fund except as provided by the Trustees -in eenformanee-w,ith-the-lawv Pension Plan and Florida law. SECTION 8 : That Article I, "Employees' Pension Plan", Section 19-1.1(a)(2) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (a) Definitions 2) Average Final Com ensation. The term "average final compensation" means one -twelfth of the average annual compensation defined as total cash remuneration paid for services rendered to the City, of the five highest years of service prior to the employee's normal retirement date or prior to the employee's voluntary discontinuance of participation in the Plan. �6}-Hemeatic-Reiatrens-erder;---�P�ie--term--dernestie-reia- Liens-ender"-means--ang-�t�dgment; ---decree-er--ender-�ine�ttding apprevai-ef-a-prepertp-settiemcnt-agreement}-rahieh-reiates-te ci�aid-stappert;-niimeny-papment$-er-maritai property--rigi�ts--te-a--apease----Eer-Former--apetxse;-ehiid�-er other-dependcnt--ef-a-i�artieipant;--madc-pt�rst�ant--to--a-state demestze-rciatiens-iaw- arM Temp. Ord. #1415 48} (7) _ General_ Employees. The term "general employee" shall mean any person employed by the City in covered employment other than a police officer, firefighter, temporary employee or elected official. SECTION 9 : Article I, "Pension Plan", Section 19-1.1 (b) of the Code of ordinances of the City of Tamarac is hereby amended to read as follows: (b) Participation in the Pension Plan. (1) A person shall become a Participant on the first day of service. Each full-time employee of the City shall be a Participant in the Plan except (1) employees engaged directly by City Council shall not be eligible to be Partici- pants in this Pension Plan and (2) temporary_ general employees and (3) any person covered by the Plan on February 13, 1980, may elect by September 30, 1987 to discontinue participation in the Plan; such election shall be irrevocable;--and-J3}--any-person--initially--empleped-as--er promoted-te-any-ef-the-fallowing-classifxcatiens-shall--elect to-participate-er-net-participate-in---the-Plan:--Bitp--2lerk- Risk- -Manager;--Chief--Building-9fficial;-Assistant--$wilding 6ffieiai---Deputy--city-Engineer Deputy--Htility--Bngineer7 Ha:rooter-ef-2emmtxnitp-Hevelepment-fPlanner};-Pinanee Hirecter;-�issistant---Pinanae--Hirecter;,--�Persennel--Hirecter; Public-Werka-Hirecter;-and-Htilities---Hireeterf�ity-Bngineer; such--election---shall--be-irrevocable---for--as--long--as--the employee-has--such-pesitien:--Should-any-Participant-cleat-te discontinue-partieipatien-in-the-Plan-as-permitted-by-{�}-and {3}--above;-the--Participants-entitlement-te-benefits--here- under-shall-be-governed-by-the-Plan--previsions-in-effect--at -13- Temp. Ord. #1415 �h.e-t=me-ef-s�xcfi--diseentznner�ee Termination Payout A Participant _who is --a general employee and is vested mp and terminates em to ent 10 or more years before earl retirement age shall have the option to receive, in a single lump sum, the actuarial resent value of the Participant's vested benefit in full satisfaction of all benefits due to said artici ant from the Plan. Application for such a benefit must be made within 45 days of the Partici ant receivin2 a notice from the Plan showing the value of such benefit and must be accompanied by the consent of the Parti- ci antes spouse. Upon receiving this benefit, the Partici- ant shall lose all vesting credits, no longer be entitled to any further benefits from the Plan, and be regarded as a new employee should the Participant thereafter be re-em to ed b the City. SECTION 10 : Article I, "Pension Plan", Section 19-1.1 (f) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (f) Forms of Benefit Payments (1) Forms of Benefit Payments. A Participant who has a right to receive a pension benefit as provided in Section 5-1 (Right to Pension Benefits) shall automatically be paid the standard form of benefit payment, which is ten years certain and life, unless a timely election is made to receive an optional form of benefit payment. 2) Standard Benefits -14- Temp. Ord. #1415 �a}----Married-garfxetpants--�be-standard-per�s�en-bene£it €er--married--Fartreipaa�ts---sfisl�---be--a-�efnt--and---st�rv�erer anr�taity: --Phis-ferm-of-benef it-shall-previde--monthly-payme�stg of-a-smaller---amet�nt--fer--the---lrfe--ef-the--Participant; -�tzth mantfi}y--payments-centin�xing--thereafter--fer-the-life-ef -the s�pense :---1'he--manthlp-benef it-payable--te-the-spet�se-s�iall-be �9Rs__ef--t�ie-monthly--benefit-payable-daring-the-jeznt--lures-of the-Part=eipant--and-the-spen.se.--�f-payment-ef-a-pension----is t©-be-made-in-the--ferm-ef-a-59�-deint--and-9nrviver-Pension; the-Pension=-ametxnt-shall-be-addtasted-so-as-te-be-aet�arially ec�.ivalent-to-the-standard-benefit-fer-en-t:nmarried--partici- pant: �b}----Hnmarried---Partieipants:-----�Phe--standard-penssen benefit-fer-Partxeipants---who-are-net-married-shall--be-a-life annaity--payable--fer-the-Partieipant1s-life-and-ceasing-upon his -death: The standard pension benefit shall be 10 yearscertain and life. (3) _Option Benefits. (b) Any other actuarially equivalent benefit approved -- --1 7 18 5.161 _ y the Board or provided by sections 75 417and r Florida Statutes. 4) Election of Optional Benefits. -�b}--2ensent-ef-Spetase--the--spettse-ef -a-married-Partiei- -15- Temp. Ord. #1415 pent--mexat--eensent--te--anp--eieetien--te-waive--a-�etnt-and survivor--nnnuitp--bp--signing-the-eieetz©n-before--a--netarp pubiie:---- The- -speusels-writ ten-eensent-must-aeknewiedge-the effect-ef--aueh-a-waiver:--eensent--ef-the-speuae--map-net-be required-bp-the-Beard-ef-�rtzatees;-in-its-sere-drseretren;-if there--is-ne-spense;-er-tf--the--spouse-eannet-be-ieeated;-er fox-such-ether-eireumstenees--as-map-be-appreved-by-the-Beard: Prop-consent-by-a-spouse-{er-net-requiring-eensent-as-prevtded herein}-shaii-be-effective-enip-with--respect-te-such-spouse: (b) Each Partici ant ma , on a form 2rovided for that purpose, signed and filed with the Board of Trustees desi - nate a beneficiar (or beneficiaries) to receive the benefit, if any,__which__may be 2ayable in the event of the Partici- pant's death; and each designation may be revoked b such Participant by signingand filin with the Board of Trustees a new designation -of -beneficiary form. (c) If a deceased Participant failed to name a benefi- ciary in the manner prescribed in subsection (b), or if the beneficiar or beneficiaries) named by a deceased Partici- pant predeceased the Participant, the death benefit, if an , whichmay be a able under the Plan with respect to such deceased Participant may be paid, in the discretion of the Board of Trustees, either to: (i) the spouse or de endent children of the Partici ant; or (ii) the dependent living Parents of the Participant; or (iii) the estate of the Participant. d Je} Time Limits - Any optional form of benefit payment must be elected prior to commencement of benefits from this Pension Plan and are subject to change as provided in Section 6-5(b) hereof. -16- Temp. Ord. #1415 (5) Revocation of Election. (a) Revocation by Participant - An election of a • standard or optional form of benefit payment may be revoked at any time bnt-n®--leeter-than-ten-daps--reeetpt-ef-the-first before the first payment of benefits from this Pension Plan, Such a revocation must be in writing, signed by the Partici- pant. �b}----2enaent--ef--Spetxse The- -espetise-of--a-married �artrciprtnt--must--eensent-•-te-anp-reroaeatien---af-a-7eint--and rturvi�rer-annttitp-in-the-same-manner-as-previded-in-st�.bseetren �c}-ef-Seetien-5-4-�Eleetien--ef-9ptienal-Benefits}= �e}--�f-an-eleetien-is--revoked;-then-tfie--standard--farm of--benefit--payment--s�i.sll--be-paid-unless-a.nether-eleetien-ef an-aptiena.l-benefit-payment--ie--tzmely--made-as-provided--in Section-6-�-fBieetien-ef-9ptienal-Benefits}= (b) jd} After benefits have commenced, a retired participant may chap e her or his desi nation of joint annuitant or beneficiary twice in the manner prescribed in sections 175.333 and 185.341, Florida Statutes. SECTION 11 : Article I, "Pension Plan", Section 19-1.1 (g) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (g) Disability benefits. (1) Right to disability benefits . -17- Temp. Ord. #1415 (a) Service -connected - A service -connected disabil- ity benefit shall be payable if a participant: (1) is a 2eneral eLn2lpyee,who has suffered a service -connected injury, illness, disease, or disability which permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty for the City, and is a firefighter -or -police officer who has suffered a service -connected injury, illness, disease or disability which 2ermanently and wholly prevents the fire- fighter or police officer Participant from rendering useful and efficient service to the Cit as a firefi hter or police officer. (2) has filed a claim for disability benefits, worker's compensation benefits, Social Security disability benefits and long term disability insurance benefits, exce t this requirement shall not apply to firefighters or police _ t r 2 _ - _ _ (c) Non -Service Connected - A non -service -connected disability benefit shall be payable if a participant: (1) (i ) is agenera_l employe or is a f iref ighter police officer with two but less than ten vesting -credits and who has suffered a non --service connected injury, illness, disease or disability which permanently incapacitates the Partici- pant, either mentally or physically, from his regular and continuous duty for the City,or-is-e-f-irefighter-or--pelree of f ieer--a►he-fias----�+tx£f ered--a-Tien-aervace--cennected--ira7urp- Temp. Ord. #1415 tiinegs;--disease-er--dt�+abiiitp-whieh-permanentip-and-wholip prevents--the--£irefighter--er---peitee-effteer-from-rendering naefai-and-effieient-serviee--te-the-eitp-as-a-firefighter-er peiiee--affieer;-with-�-bttt-ies$---than-i9-vesting-eredits-and fiaa-suffered-a-neon-service-eenneeted-rn�arp;--iiiness;-disease er--disabiiity--which-permanentip-tncapaeitates--the-i�ert.iei- pant;--either--mentaiiy--er-p$ysieaiip;-frem--hYe--regttiar-and continuous --duty or any other gainful full-time employment, #and} or (ii) is a police officer or firefighter with 10 or more vesting credits who have suffered a non -service con- nected in'ur , illness, disease or disability -and is wholly Prevented from rendering useful and efficient service as such, and (4) has filed a claim for disability benefits, Social Security-disabilitySecuriLy-disability benefits andlong term disability insur- ance benefits. (d) Option - A Participant who is eligible for an early normal retirement benefit may, at the Partici ant's o tion, elect said benefit in lieu of a service -connected disability benefit. (2) Amount of Disability Benefits. (a) Service -connected disability benefit shall be: - The monthly service --connected M&M Temp. Ord. #1415 (2) a monthly disability benefit equal to the average_monthly compensation menthi:p-base-wage-rate paid by the City for disability minus any disability income benefits actually received by the Participant from the City's Long Term Disability Insurance Benefit Plan, Social Security and Worker's Compensation, (including those portions of lum -sum payments that are in consideration for -discharge of liability for future wa a loss or total disability -benefits) , provided that the benefit paid by the Plan shall not exceed 66 2/3% of the Participant's average monthly compensation nsaiary at the time of disability for general employees and 75% of the Participant's average monthly salary at the time of dis- ability for police and fire employees,and provided^ further that the benefit paid b the Plan to disabled firefighter and olice officer Participants shall not, when combined with an disability benefits actually received by said olice and firefi hter Partici ants from the Cit 's Long Term Disabilit Insurance Benefit Plan and Worker's Com ensation (including those ortions of lum -sum payments that are in consideration for discharge of liability for future wage loss or total disability benefits) be less than 42% of the disabled fire- fighter's or police officer's avers a monthly compensation at the time of disability. (3) Entitlement to a the 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 years, with the balance payable to the Participant's beneficiary. -20- Temp. Ord. #1415 (c) Non -Service Connected 10 or More Vesting Credits - The monthly non -service connected disability benefit for participants with at least ten (10) cresting credits shall be: (2) A monthly disability benefit equal to the menthlp-base-wage-rate 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 Social Security provided that the benefit paid by the Plan shall not exceed 20% of the Participant's average monthly salary compensation at the time of disability for general employees and 35% of the Participant's average monthly salary com ensation at the time of disability for police and fire employees, provided further that the benefit be 2aid-by the Plan to disabled firefighters and_police officers, and provided further that the benefit paid by the Plan to disabled f iref iahter and police officer Participants from the Cit 's Lon2 Term Dis- ability Insurance Benefit Plan and Worker's Compensation (including thoseportions of lum -sum payMents that are in consideration for discharge of liabilit for future wage loss or total disability benefits) shall not be less than 25% of the disabled__--€irefight, ' _.. ' average ._ ers or police olice officer's �cerer.,, s e- monthly com ensation at the time of disability. 004C Temp. Ord. #1415 (3)_ Determination of Disability. (b) Continuing Review - The Board shall review the status of each disability benefit recipient once each year and may, in its sole discretion, require recipients, as a condition of continued payment of disability benefits, to submit physician's reports, submit to examinations, at the Plan's expense, by physicians or other medical, vocational or rehabilitation professionals, or submit copies of their annual federal income tax returns to substantiate continued disability, or, if the reci Tent is a former eneral employee receivin a non -service connected disability benefit, submit roof of attempts to secure suitable gainful employMent. Should a police or firefighter disability ension recipient not submit copies of his or her annual federal income tax return after being re uested to do so b the Board, the Board of Trustees ma , after notice to the disability pension recipient, reduce the maximum service --connected disability pension benefit_paid__by the Plan to said Participant to 42% of the Participant's average monthly compensation at the time of disability or reduce the maximum non -service connected disability_ pension benefit 2aid by the Plan to 25% of the Participant's average monthl com ensation at the time of P..-. disability. general Should a em toy ee or a general ,employee disability recipient not submit copies of his or her annual federal income tax return after being -re ested to do so b the Board, the Board of Trustees ma after notice to the general ern to ee or a aeneral em to ee disability reci ient, sus end the disability benefit aid to said former general employee until said recipient has fully -complied with the obligations of this section. -22- Temp. Ord. #1415 4_) Recovery . Disability. „y, from (b) Recovery from Non -service Connected Disabilit and Re-Em to ent b Another Employer - If a general employee non --service connected disability recipient recovers and obtains gainful full-time employment (other than employment in a sheltered workshop, Goodwill Industries, or other employment program for the handicapped), the Participant's disability benefit shall be discontinued. If a firefighter orpolice officer non -service connected disability recipient recovers -so -as to be able to render useful and efficient service as a firefighter or police officer, the Partici antis disability ---benefit shall be discontinued. . or -is -offered eemparable-gainful-full-time- employment--hy- the- -eity;--the �'art�reigant1s-disability-benefit-��iell-be-discentxnt�ed: (5) Duty to Cooperate, work Search and Reduction in Disability Benefit (a) Applicants for and reci Tents of disabilit en- sions must a 1 for Social Security disability_benefits, long term disability insurance benefits and for service - connected disabilit worker's compensation benefits. Applicants mustprovide the information necessar to support such claims to the insuror or Social Security Administration, diligently ursue such claims and submit to appr2kEjate medical examinations re uested by said insurors in connection IMIC Temp. Ord. #1415 with such claims. (b) Recipients of non -service connected disability ensions who were general employees at the time of disabilit a 1_ be under a continuing and recover from dYsabxlitY shall obligation to search and a22 1 for suitable ainful em to ment commensurate with their ex erience, a e and physical condition. and to notifv the Board of Trustees immediately upon obtaining such employment. (c) Should the Board of Trustees determine, after notice to the disability pension reci lent that the recipient has not complied with the obligations im osed b this sec- tion, the Board may 1) reduce the maximum service -connected disabil- ity pension benefit aid b the Plan to 42% of the Partici- pant's average monthly compensation at the time of dis- abilitl 2) reduce the maximum non -service connected disability pension benefit paid by the Plan to 25% of the Partici ant's avera e monthly com ensation at the time of disability for former police and fire employees, or (3) ____suspend a non --service connected disability benefit aid to a formergeneral em to ee until said reci- pient has fully complied with the obligations of this SECTION 12 : That Article 1, "Pension Plan", Section 19-1.1(i) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: -24- Temp. Ord. #1415 i ) Benefit Level. (d) For employees who served in more than one (1) of the above classifications: (2) Involuntarily due to transfer to another classification due to physical or mental disability, or the elimination, transfer or merger of the City's police or fire departments or the contracting out of the work performed by any department, the benefit level shall be calculated by multiplying the vesting credits earned for all years of service by the benefit level for the original pre -transfer classification provided that service as a firefighter, police officer and general em lv ee shall be accounted for separ- ately and benefits shall be paid accordinaly from the aporo- riate accounts of the Plan. 4) Minimum Benefit The minimum total benefits paid to anv Participant and joint survivor_ annuitant shall be at least the amount of the Partici ant's Accumulated Contributions. If, after the death of the Partici ant and survivor and the payMent of all -- ----- - , , ,. benefits due hereunder, the minimum benefit has not been paid, the _balance shall be paid to the Participan_t's desig- nated beneficiary or, if there is no surviving beneficiary, the Participant's estate. -25- Temp. Ord. #1415 SECTION 13 : That Article 1, "Pension Plan" Section 19- 1.1(k) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (k) Pre -retirement Survivor Benefits. (1) Pre -retirement Death Benefits for Vest Par- ticipants . The amount of the survivor benefit shall be equal to 50% of the Actuarially Equivalent single sum value of the Par- ticipant's vested Accrued Benefit as of his date of death, or, if the equivalent single sum value of the amount the spouse or other beneficiarycould have received had the Participant retired on the day of death and elected a 100% joint -- - _ , y, , whichever is greater. If this o�.nt_ an survivor annuity, whiche,_.._. _,_�. single sum amount is less than $3,500, it shall be paid in a lump sum to the spouse or designated Beneficiary, as the case may be, as soon as is practicable following the participant's death. If the single sum amount exceeds $3,500, the benefit shall be paid in the form of an immediate monthly survivor annuity unless the Beneficiary and the Board agree to an alternative Actuarially Equivalent form of benefits. . ► . {�}--�ntereaf-I4e�►t�mptren;--Fer-p�►rpeeee-ef-eempt��tng--fbe preeen�-da�tze--ef --a-benefit-papable-render--Bits--See�ren-tbe intereet__arssremptien-ta--be---ttaeel---ebaii--be--the-aetxeariail�* aaatxmed-inkere�t-rate-adapted-by-tbe-Beard-ef-�'rt�eteeg -26- Temp. Ord. #1415 SECTION 14 ; That Article I, Section 19-1.2 "Adminis- tration and Operation of the Pension Plan" is hereby amended by amending Section 19-1.2(a)(1) to read as follows: Section 19-1.2. Administration and operation of the Pension Plan (a) Generally (1) Board of Trustees . The Board of Trustees shall administer and control the operation of this Pension Plan in accordance with the provisions of this Pension Plan, the Declaration of Trust, and this Ordinance, and other Florida Law. The Board of Trustees, or any other person to whom the Board of Trustees may allocate or delegate such authority, shall, from time to time, establish rules • for the interpretation, application and administration of the Pension Plan. In making any such determination or rule, the Board of Trustees shall pursue uniform policies and shall not unreasonably discriminate in favor of, or against, any person or group of persons. SECTION 15 : That Article I Section 19-1.2 "Administra- tion and Operation of the Pension Plan" is hereby amended by amending Section 19-1.2(c) to read as follows: (c) Funding. (1) Generally. The Plan shall be funded by contributions from Participants, contributions from the City of Tamarac and the amount derived from the premium taxes provided in Florida Statutes Section 175.101 and 185.08 and other income sources as authorized by law. Monies received in accordance with sections 175.101 and 185.08, Florida 1W4C Temp. Ord. #1415 Statutes, may be used for police officers and firefighters only. (2) Participant Contributions. All Participants shall make regular contributions at the rate of five percent of total cash remuneration paid for services rendered to the C_tY earnings which shall be deposited in the fund at least monthly. The City of Tamarac shall assume and pay Participant contributions in lieu of payroll deductions from Participants' earnings. No Participants shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City directly to the Plan. All such contributions by the City shall be deemed and considered as a part of the Participant's Accumulated Contributions and subject to all provisions of this plan pertaining to Accumulated Contributions of Members. This City "pick up" of contributions is the result of a 5% reduc- tion of each Participant's base pay and of base pay levels which occurred on October 1, 1986 and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. SECTION 16 : That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 17 : If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. CPA= Temp. Ord. #1415 Section 18 : This Ordinance shall become effective ` immediately upon adoption and passage. PASSED AND ADOPTED on first reading on this day of 1988. PASSED AND ADOPTED on second reading on this day of ATTEST: 41 1988. CAROL A. EVANS CITY CLERK APPROVED FOR FORM AND CORRECTNESS: BY: RICHARD L. DOODY CITY ATTORNEY ORD.CONTRIBUTIO ORDS.CONTRI. -29- NORMAN ABRAMOWITZ MAYOR f Ion second reeding amending Article 1 of Chapter 19 of the Code of Ordinances of the City ITEM # REF . of Tamarac pertaining to the City's Pension Plan. -- DATE TAPE SIDE # VOTE: DISTRICT 4 — C/M BENDE DISTRICT 1 — C/M BOHR DISTRICT 2 — V/M STELZ DISTRICT 3 — C/M HOFFM MAYOR ABRAMOWITZ MOTION BY• b SECONDED BY: PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: .1� anendirgMticie 1 of on first rAaMng the City of Tamarac Pertaining to the lty s Pension pof lan of ITEM # i _REF, (tabled on 11/23/88). 49--- CC� DATE g TAPE SIDE # / — VOTE: DISTRICT 1 — C/M BOHR DISTRICT 2 — V/M STELZE DISTRICT 3 — C/M ROFFMA DISTRICT u — C/M BENDER MAYOR ABRAMOWITZ MOTION BY: SECONDED BY: PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: CITY OF TAMARAC INTEROFFICE MEMORANDUM 8811-2405 TO: Richard Doody, City Attorney FROM: Pat Marcurio, Acting City Clerk �Jl SUBJECT: Pension Plan Ordinance DATE: November 30, 1988 COPIES: Carol A. Evans, City Clerk On November 22 I sent a memo and a copy of the draft of the ad we prepared for the Pension Plan Ordinance to Larry Perretti for him to determine whether or not it contains everything it should or needs revision. On Monday, November 28, Larry informed me verbally that the ad is fine with him. I have attached a copy of this drafted ad for your review and I would appreciate your letting me know if it is adequate from a legal standpoint. This will be advertised on December 14 (2 weeks before the Public Hearing at the December 28 City Council meeting) as required by Section 12.02 of the Code. /pm Attachment [m r CITY OF TAMARAC INTEROFFICE MEMORANDUM 8811-2402 TO: Larry Perretti, Personnel Director FROM: Pat Marcurio, Acting City Clerk SUBJECT: Pension Plan Ordinance DATE: November 22, 1988 COPIES: Carol A. Evans, City Clerk V Attached is a draft of the advertisement which our office prepared to be published in the Fort Lauderdale News on Wednesday, December 14 (two weeks prior to the Public Hearing at the City Council meeting of December 28). Please review this and let me know if it contains everything it should or needs revision. /pm Attachment CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC AND AMENDING CITY OF TAMARAC ORDINANCE NO. 0-87-37 PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELINE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREE- MENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAIN- TAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLE- MENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE 1 DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service --connected disability benefit of seventy-five percent (7 5% ) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service -connected disability of sixty --six and two-thirds percent (66-2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $--0- for Fire-- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $275 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. A public hearing on this Ordinance will be held during a Regular City Council meeting, Wednesday, December 28, 1988, at or after 10:00 A.M., and will be considered by the City Council in the order as it appears on the agenda. The Regular Meeting of the City Council will be held at City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. CAROL A. EVANS CITY CLERK Publish: Fort Lauderdale News/Sun Sentinel Wednesday, December 14, 1988 W. PUBLIC HEARING CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREE- MENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAIN- TAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLE- MENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG --TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A 1 DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE --RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service --connected disability benefit of seventy-five percent (75%) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service -connected disability of sixty-six and two-thirds percent (66-2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $-0- for Fire- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $275 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. A public hearing on this Ordinance will be held during a Special City Council meeting, Wednesday, December 21, 1988, at or after 10:00 A.M., and will be considered by the City Council in the order as it appears on the agenda. The Special Meeting of the City Council will be held in Con- ference Room #1 (Room 103), at City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. e�jzz_e�? Q�� 17- CAROL A. EVANS CITY CLERK Publish: Fort Lauderdale News/Sun Sentinel Wednesday, December 7, 1988 2 ITAMAF ," FORT LAUDERDALE NEWS/SUN-SENTINEL PASTE IN °Fop A fir- �1$vla t0a s3�a ERE Published DailyOTN . P�#; Fort Lauderdale, Broward County, Florida �Q '"S'. WS ANAVBoca Raton, Palm Beach County, Florida"VM Plan :iiew at " ` STATE OF FLORIDA i a ' for°' COUNTY OF BROWARD/PALM BEACH - N , Watt �� ""d tars• "" Before the undersigned authority personally appeared � who on oath says that he is - ygyw,� of a" a o°� st rot Classified Supervisor of the Fort Lauderdale News/Sun-Sentinel, Daily 3� E= ' ► aH "d � a �sl at newspapers published in Broward/Palm Beach County, Florida that the attached �o ttr yrer18 48s psr Public Hearing copy of advertisement, bein a Ito Chapter 19 in the matter of dagmglstl,poy��+ NOI tot dei+ , Pam Ot" Ol a136 P� par Y4` in the Court, IW was published in said newspaper in the issues of -E144 Dec. 7, 1988 3L�A •x .1u1u1 tot t saw ARY Affiant further says that the said Fort Lauderdale NewslSunsentinel are newspapers published in imm F co SEQ�Nb" said Broward/Palm Beach County, Florida, and that the said newspapers have heretofore been The future are do elptr continuously published in said Broward/Palm Beach County, Florida, each day, and have been entered 0W*K � t at as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, far a period the addi81 OI �� &W.W I of one year next preceding the first publication of the attached copy of advertisement; and affiant says ;gip tlon �Is e0.0%forntially. 0 that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission ea i Pull and 0 or refund for the purpose of securing this advertisement for publication in said newspapers. 01 :e Flr 4 htars• 1np -on ' Sworn to and subscribed before me Iffill A as wlli be 1� no thia....7th.....dayof..December °� .... or 011a� ��1.andc11 88 -43 io: by ty A.D. lA . • ,..... ";� Ina I�ie orec der Thy gC //yamy wI the agenda. Meating 0 ggrrn+ will be (SEAL) T' .y ... °.ocaryP c ROOM # 1au Cty�fa�ri Nlq ...Y • • anu0 i1Y a t9�, 32�. 33 6a�J n,,., „ +,. • uogar Co .1 of this pr rdinance are 9"ll' ��M 0 v1s±in twGt�v C rlwoil rs an ficEly z) 68 DEC,,12 45 CITY aF T�M RAC PUBLIC HEARING CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREE- MENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAIN- TAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLE- MENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE --CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A 1 DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS: PROVIDING FOR A REPEALER: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE, TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service -connected disability benefit of seventy-five percent (7 5% ) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service -connected disability of sixty-six and two-thirds percent (66-2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $-0-- for Fire- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $275 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. A public hearing on this Ordinance will be held during a Special City Council meeting, Wednesday, December 21, 1988, at or after 10:00 A.M., and will be considered by the City Council in the order as it appears on the agenda. The Special Meeting of the City Council will be held in Con- ference Room #1 (Room 103), at City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. CAROL AVAMS CITY CLERK Publish: Fort Lauderdale News/Sun Sentinel Wednesday, December 7, 1988 2 LAS Cb "j a111MCIC INTER -OFFICE MEMORANDUM MEMO TO. CAROL A. EVAN$, CITY CLERK FROM: LIMIAN MARCUS, CITY CLERK'S OFFICE DATE: Dec. 8,1988 SUBJECT: _ PUBLICATION COSTS -FORT LALMERAALE NEWS/SUN-SER1INE[., REFERENCE: APPLICANT: City Of Tamarac PETITION NO: General Summary Of Proposed Pension Plan, (Public Hearing) PUBLICATION DATES: 12 / 7 / 8 8 COST: $267.80 CC: SHEIL A SCfiIFF LTILIAN MARCUS POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS AN EQUAL OPPORTUNITY EMPLOYER BENEFITS REQUIRED B OA�O CITY F STATE LAW, PROVIDING TAMARAC, FLO OPTION FOR A PARTIC PANT TO RECEIVE AN GENERAL SUMMARY OF PROPOSED EARLY NORMAL PENSION PLAN MENT BENEFIT IN IN LIEU E C ASERVICE-CONNECT AN ORDINANCE AMEND- DISABILITY BENEFIT, DI ING ARTICLE I OF CHAP- THE SOCIAL S! TER 19 OF THE CODE OF ORDINANCES OF CURITY BENEFIT OFF -SE THE CITY _ FOR DI FOR DISABILITY BENEFIT OF TAMAAAC PERTAINING PAID TO POLICE OFF TO THE CITY'S PENSION CERS AND FIRE FIGHTER PLAN BY AMENDING THE SPECIFYING THE DATE DEFINITION OF "CONTRI. OF ENTITLEMENT AN BUTIONS" PROVIDING PAYMENT OF DISABILIT THAT MEETINGS OF THE BENEFITS, REQUIRING BOARD OF TRUSTEES THAT FORMER GENERAL MUST BE HELD AT LEAST EMPLOYEES RECEIVING QUARTERLY AND THAT NON -SERVICE -CONNECT - NOTICES OF SUCH MEET- ED DISABILITY BENEFITS INGS SHALL BE POSTED SUBMIT PROOF OF AT - OR ADVERTISED, CHANG- TEMPTS TO SECURE SUIT- ING THE REASON FOR RE- ABLE AND GAINFUL EM- I MOVING TRUSTEES; PRO- PLOYMENT PROVIDING VIDING THAT THE TRUSTEES SHALL HAVE FOR A REDUCTION OF DISABILITY BENEFIT'S SOLE AND EXCLUSIVE, PAYABLE TO EMPLOYEES RATHER THAN GENERAL WHO REFUSE TO SUBMIT SUPERVISION OF THE COPIES OF THEIR FEDER- TRUST FUND'S OPERA- AL TAX RETURNS UPON TIONS DEFINING THE OE- REQUEST, CHANGING THE POSIfORIES IN WHICH DEFINITION OF RECOVERY TRUST FUND ASSEST MAY FROM DISABILITY, IMPOS- BE DEPOSITED AND ELIMI- ING A DUTY UPON DIS- NATING THE AUTHORITY ABILITY BENEFIT APPLI- OF THE INVESTMENT CANTS AND RECIPIENTS MANAGER TO DESIGNATE TO APPLY FOR COLLAT- SUCH DEPOSITORIES, ERAL BENEFITS AND TO PROVIDING THAT DELE- SEARCH FOR WORK AND QATIONS OR ALLOCA- PROVIDING REDUCTION TIONS OF RESPONSIBIL- BENEFITS SHOULD THEY TY SHALL NOT RELIEVE FAIL TO DO SO, PROVID- THE TRUSTEES OF FIDU- ING FOR A SEPARATE AC- CIARY LIABILITY DELET- COUNTING OF BENEFITS ING THE AUTHORITY OF FOR EMPLOYEES WHO THE TRUSTEES TO PAY TRANSFER BETWEEN EM- TAXES WITH TRUST FUND PLOYEE CLASSIFICA- ASSETS OR TO MORT- TIONS, PROVIDING A MINI - GAGE TRUST FUND AS- MUM BENEFIT IN THE SETS LIMITING THE RELI- AMOUNT OF THE PARTICI- PANT'S ACCUMULATED ANCk ON WRITTEN INSTRUMENTS BY TRUST- CONTRIBUTIONS, PROVID- EES PROVIDING THAT ING AN OPTIONAL PRE- SE&ION 5.19 SHALL NOT RETIREMENT DEATH BEN - RELIEVE THE TRUSTEES ! EFIT, RESTRICTING THE OF THEIR FIDUCIARY OR USE OF MONIES RE - LEGAL DUTIES, REQUIR- CEIVED IN ACCORDANCE ING .THAT THE PENSION WITH SECTIONS 175.101 PLAN BE ESTABLISHED IN AND 105.00 OF THE FLORI- AGCOR ANCE WITH DA STATUTES, AND FUR- ` ND MUNICIPAL THER DESCRIBING THE 63TATE W DELETING THE PRO- BASIS OF PARTICIPANT ISIl3N FOR RECIPROCAL CONTRIBUTIONS; PROVID- AGREEMENTS WITH OTH- ING FOR A REPEALER; IER PENSION PLANS DE- PROVIDING FOR SEVER- LETING THE REQUIRE- ABILITY; AND PROVIDING MENT THAT THE FOR AN EFFECTIVE DATE. TRUSTEES ESTABLISH TEMP. ORD. #1415 AND MAINTAIN A FUND- ANALYSIS OF COSTS ING POLICY DELETING 0OR Changes to the Plan in- duds PROVISONS SUBMIT- TING CLAIM CONTROVER- a Service-conrected disability benefit of seventy- SIES TO COMMITTEES OF fiv gZ:nt_ �76%) of Salary TRUSTEES OR TO ARBI- for rollos Ortloers and Flre- TRATION REQUIRING fighters at a cost of $36,836 for Police, Officers THAT SETTLEMENT OF per Year and $2.874 for Flr- CLAIMS OR CONTROVER- SIES BE IN ACCORDANCE per year efighters. A service -con - WITH THE PENSION PLAN nected disability of sixty-six AND STATE LAW DELFT- and two-thirds percent (86- ING THE PROVISION FOR 2/3%) of salary for General TEMPORARY SUPENSION Employees at a cost of OF BENEFITS UPON AT- $26.004 per year. TEMPTED ASSIGNMENT Continuance of benefits OR TRANSFER OF PEN- accrual beyond Normal Re- SION BENEFITS REQUIR- tirement Age at a cost of $2,402 for General ING THAT TERWNATION per yew PROCEDURES BE IN AC- I Employees, $18 463 per for Police OfflosraI .CORDANCE WITH FLORI- and THAT STATUTES REQUIRING BE IfNRAC- dFirefight� 5) CORDANCE WITH THE Flue yew vesting at a cast of $886 per yew PLAN AND FLORIDA LAW, "AV- for General Employees, FURTHER DEFINING ERAGE FINAL COMPENSA- $135 per year75 flows and $1 TION" DELETING THE "DOMES- Firefighters. Lower the Normal Retire. DEFINITION OF TIC RELATIONS ORDER", meM Age to age 82 for Gen- RGOV Walla oost of EMPLOYEESTEMPORARY FROM 3119 yw the ERAGE UNDER THE PLAN, ADDING A TERMINATION amount which will bs added to the current ann W PAYOUT BENEFIT OPTION 'City FOR GENERAL EMPLOY- I contribution b forl Gad Employees, $30 for EES, CHANGING THE police Offkxre and :0 for STANDARD BENEFIT TO ' TEN YEARS CERTAIN AND Firefighters. LIFE T EREAFTER FUTURE BUDGETARY CONSEQUENCES MIC>I REQUIRFMENtB TIHE ---CONSENT - F The future budgetary Consequences are Inslgnlfi- Sf� ' SE SE OBTAINED TO cant. Asa percent ofpayroll �T OPTIONAL BENE- • the additional City contr1bu- PROVIDING A PRO- Iv RE FOR THE DESIG- .N T)ON OF ENEFICIARIES AND PRO- tion Is 0,0% for G6tlsrai Em- ployees1, esaentlatly 0 fot police Vffloars, and 0 for I�S�IONSE �FOgR:�PAYMENT Firefighters. A public hearing on this C>6TP11E3' NO BENE- 111oR Ordinance will be held dur- LiAR1ES�JIREDESICiNAT- Ing a Special City Council rL1NANQING TI4E TERM mseting, Wednesday, De REVOCATION OF camber 21, 1988, at or after ELECTION OF OPTIONAL 10:00 A.M., and will be con - BENEFITS PROVIDING- FOR A CHANGE IN BENEFT- sidered by the City Council In the order as It appears on CARY TANT AFTER BENEF TS The SpecieCouncll Meetingenda. g of the City HAVE COMMENCED PRO- B&INI-. will be held In Conference VIDING.SEPARATE TIONS FOR SERVICE Room #1 ((Rom o103), e -CON, City Hall 7524 NW 88th A, NECTED DISABILITY FOR anus, Tamarac, Floric GENERAL EMPLOYEES, 33321. FIRE FKiHTERS AND PO- Copies of this propose LICE OFFICERS DELETING THE REOUIREWNT THAT Ordinance are available f, ~ng and purchase at tl POLICE OFFICERS AND, office of the City Clerk. I FIRE FIGHTERS APPLY terested parties may appe FOR WORKER'S COMPEN- to be heard with respect SATION BENEFITS SO- CIAL SECURITY DIiABIL- this proposed Ordinance Accordance with Floric ITY BENEFITS AND LONG- Statutes #166.041. TERM DISABILITY /a/ Carol A. Evw INSURANCE BENEFITS W City Cie ORDER TO RECEIVE THE psoandw 7, 1 MINIMUM DISABILITY PUBLIC HEARING CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN -GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING 'THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREE- MENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAIN- TAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLE- MENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAVA, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO .ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE --CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON--SERVICE-CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A 1 DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service -connected disability benefit of seventy-five percent (75%) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service -connected disability of sixty-six and two-thirds percent (66-2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $-0- for Fire- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $275 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. A public hearing on this Ordinance will be held during a Special City Council meeting, Wednesday, December 21, 1988, at or after 10:00 A.M., and will be considered by the City Council in the order as it appears on the agenda. The Special Meeting of the City Council will be held in Con- ference Room #1 (Room 103), at City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. CAROL A. EVANS CITY CLERK / �( Publish: Fort Lauderdale News/Sun Sentin Wednesday, December 7, 1988 �q . CITY OF T AMA R A C INTEROFFICE MEMORANDUM C/A NO. 8811-8423 TO: LaeIrr tti, Personnel Director FROM: o d y, City Attorney SUBJECT: YOUR MEMO DUM OF 11/18/88 REGARDING THE PROPOSED PENSION ORDINANCE DATE: November 23, 1988 I am returning to you your memorandum of November 18, 1988 with reference to the above matter. Please work out the details of the proposed Pension Ordinance with the City Clerk's Office. t7 lc4 �1� A-C) Z-0 eu���, RLD:beo Enclosure cc: Carol A. Evans, City Clerk CITY OF TAMARAC INTEROFFICE MEMORANDUM 8811-3416 TO: Richard L. Doody, City Attorney FROM: Larry Perrettl. Personnel Director SUBJECT: PROPOSED PENSION ORDINANCE DATE: November 18, 1988 COPIES: ------------------------------------------------------------- I started to yellow out the Important areas of the ordinance and then came to the conclusion each and every phrase Is Just as Important as the other and I feel In small print my recommendation Is to advertise the entire portion. Attached for Council's use as a back-up Is 9/14/87 memo from Rick Rednor to me, the 9/23/87 letter from me to Theora Braccialarghe and the 10/8/87 letter from Theora to me. You will note in paragraph 3 of Theora's letter her statement, "The future budgetary consequences are Insignificant..........." I then submitted to you on 11/6/87 a temporary ordinance which was the one adopted. If you have any further questions, please contact me. LP/p Attachments a 3Q C I T Y O F T A M A R A C INTEROFFICE MEMORANDUM C/A NO. 8709-8006 TO: Larry Perretti, Personnel Director FROM: Richard M. Rednor, Acting City Attorneyjf SUBJECT: PROPOSED PENSION ORDINANCE DATE: September 14, 1987 As per your request, I have reviewed the enclosed and must advise that I concur with the prior City Attorney's recommendation to you that same does not meet the require- ments of City Charter Section 12.02. Section 12.02 of the Code requires that, "the Council shall, when it proposes to adopt a retirement or pension plan for City employees, publish in one or more daily newspapers of general circulation in the City a general summary of the Plan and together with an analysis of cost and future budgetary conse uences; and a notice statin the time and lace for conies of the Plan are available for ins ection b the 211blic, and the time and lace not less than two (2) weeks aftsuch ublication, for a ublic hearin on the Plan. The notice which is required to be published by Section 12.02 would not include the proposed title of that ordinance adopted at the time the Pension Plan is adopted. Such title would, however, be published in the same manner as all ordinance titles are published, in a separate notice to the public. Any notice meeting Section 12.02 must at a minimum include the following: 1) A general summary of the Proposed Plan. 2) An analysis of costs of the Proposed Plan. 3) An analysis of future budgetary consequences of the Proposed Plan. 4) The time and place in which copies of the Proposed Plan are available for inspection by the public. 5) The time and place, not less than two (2) weeks after publication, for a public hearing on the Plan. INTEROFFICE MEMORANDUM: 8709-8006 PROPOSED PENSION ORDINANCE September 14, 1987 Page 2 When your office has drafted a proposed notice as required by Code Section 12.02, please forward same to my office for legal review. Should you have any questions on this matter, please let our office know. RMR/tm Attachment cc: John P. Kelly, City Manager Carol E. Barbuto, City Clerk 14 .r a 5811 NORTHI/t'ES7 8$TH AVENUE TAMARAC, FLORIDA 33321 f pj1Q TELEPHONE (305) 722 5900 MAIL HEPL1 70 P O BOX 25010 TAMARAC, FLORIDA 33320 September 23, 1987 Ms. Theora Bracclalarghe Kruse, O'Connor & Ling, Inc. 7320 Griffin Road Suite 200 Fort Lauderdale, Florida 33314 RE: PROPOSED PENSION ORDINANCE Dear Theora: The attached memorandum Is self-explanatory. predated If Y. It would be ap_ You could submit to us what our attorney Is recommending In abiding with the Items In Clty's Charter Section 12.02. Your cooperation is also appreciated In completing this as expeditiously as Possible so It could be put on Council agenda for October 14. Please submit your invoice along with the analysis. Thank you, very truly yours, CITY OF TAMARAC LARRY PERRETTI Personnel Director LP/p Attachment CC: Pension Board F�'I I. ` C)F NONDI AOPPORTUNITY H MINATION ON THEBASIS OFHANDICAPPEDSTATUS KRUSE, O'CONNOR AND LING xwc. Mr. Larry Perretti Personnel Director City of Tamarac 5811 Northwest 88th Avenue Tamarac, Florida 33321 Dear Larry: FORT LAUDERDALE OFFICE WEST BROWARD PROFESSIONAL BUILDING 7320 GRIFFIN ROAD, SUITE 200 FORT LAUDERDALE, FLORIDA 33314 (305) 791 • 58a8 NORTH /CENTRAL FLORIDA OFFICE 101 SOUTHEAST SECOND PLACE, SUITE 201 GAINESVILL.E, FLORIDA 32601 (904) 375.3800 Fort Lauderdale Office October 8, 1987 In response to your September 23 letter, and in the order shown in Richard Rednor's September 14 memo to you, 1 think your notice should include the following: 1. A description of the change. In this case the summary of the ordinance which is in upper case letters directly following the Ordinance No. would be sufficient. 2. The amount which will be added to the current annual City contribution is: for General Employees $389 for Police Officers 30 for Firefighters 0 3. The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.01% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. You will have to supply items 14 and #5. If you have any questions, please contact us. Sincerely, Theora P. Braccialarghe TPB:aI TO. FROM: SUBJECT: DATE: COPIES: C I T Y O P T A M A R A C INTEROFFICE MEMORANDUM 8711-3409 Richard L. Doody, City Attorney Larry Perrettl, Personnel Dlrector`'�--� TEMPORARY ORDINANCE -- PENSION PLAN November 6, 1987 Rick Rednor, John P. Kelly, Carol E. Barbuto After receiving the Information requested from Kruse, O'Connor & Ling, I am Incorporating the Information Into the attached Temporary Ordl- nance meeting all of the Section 12.02 requirements as stated by Rick Rednor In his letter to me of September 14, 1981 which Is attached. if this meets with your approval, please submit to Carol Barbuto so the Ordinance can be advertised and then put on the Agenda. Both the Pension Board and the Council are anxious to resolve this Issue and correct the previous ordinance which was approved. LP/p Attachment Introduced by: Temp. Ord. No. ORDINANCE NO. 0-87- AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC AND AMENDING CITY OF TAMARAC ORDINANCE NO. 0-87-37 PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE OF TRUSTEES MUST BE HELD AT LEAST nHOARD UAR'I'ERLX ANp THAT NOTICES OF SUCEi MEETINGS SHALL ADVERTISED, CHANGING THE REASON FOR REMOVING OT USTEiSR, PROVIDING THAT THE TRUSTEES SHALT, HAVE SOLE AND EXCLUSIVE RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING TFiE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMrNT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR_ ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH, TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREEMENTS t'7I'i'1E OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAINTAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES' TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLEMENT OF CLAIMS OR CONTROVERSIPS BE IN ACCORDANCE WITH THE PENSION PLAN AND SPATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN - ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL, COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING,, A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AVD PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEIITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANtIUITAN'r AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE - CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POE,ICEE OFFICERS AND FIRE; FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE 'AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE, -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES (Coding: Words in strdek-through type are deletions from existing law; words underscored are additions.) 1 OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON - SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING' THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 and 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS, PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes, and WHEREAS, the State of Florida, Department of Insurance and Treasurer Bureau of Municipal Police Officers' and Firefighters' Retirement Funds has determined that certain changes are desirable to the City's pension ordinance, and WHEREAS, the City Council of the City of Tamarac determines that it is in the public interest to adopt the following ordinance, and WHEREAS, the following amendments have been approved by the Board of Trustees of the City of Tamarac Employees' Pension Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the following sections of Article I of amended by City of Tamarac Ordinance No. 0-87-37, are amended by deleting the words which are struck through (strsek-through) and adding the words which are underscored (underscored) hereafter, as follows: . Section 1.8 Contributions. The term "contributions" shall mean the payments required of the City of Tamarac and those 2a4P_en_t_S__made_bX the State of Florida for this Fund, or payments made by or on behalf of Participants or their beneficiaries. Section 3.9 Meetings - Notices. The Trustees shall meet at least once each quarter and at such other times as they deem it necessary to transact their business. The Chairman or the K PUBLIC HEARING .. CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELINE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREE- MENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAIN- TAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLE- MENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE --CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONGTERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE --CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A 1 t DUTY UPON DISABILITY BENEFIT APPLICANTS AND y RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service -connected disability benefit of seventy-five percent (75%) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service -connected disability of sixty-six and two-thirds percent (66-2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $--0- for Fire- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $27 5 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. A public hearing on this Ordinance will be held during a Special City Council meeting, Wednesday, December 21, 1988, at or after 10:00 A.M., and will be considered by the City Council in the order as it appears on the agenda. The Special Meeting of the City Council will be held in Con- ference Room #1 (Room 103), at City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. c 6P_JWj2. CAROL A. EVANS CITY CLERK Publish: Fort Lauderdale News/Sun Sentinel Wednesday, December 7, 1988 2 ` CITY OF TAMARAC INTEROFFICE MEMORANDUM 881.1--2405 TO: Richard Doody, City Attorney FROM: Pat Marcurio, Acting City Clerk SUBJECT: Pension Plan Ordinance DATE: November 30, 1988 COPIES: Carol A. Evans, City Clerk On November 22 I sent a memo and a copy of the draft of the ad we prepared for the Pension Plan Ordinance to Larry Perretti for him to determine whether or not it contains everything it should or needs revision. On Monday, November 28, Larry informed me verbally that the ad is fine with him. I have attached a copy of this drafted ad for your review and I would appreciate your letting me know if it is adequate from a legal standpoint. This will be advertised on December 14 (2 weeks before the Public Hearing at the December 28 City Council meeting) as required by Section 12.02 of the Code. /pm Attachment CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC-ANB PERTAINING TO THE CITY'S PENSION PLAN bY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREEMENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAINTAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLEMENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON--SERVICE-CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM 1 DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE --RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service -connected disability benefit of seventy-five 'percent (75% ) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service --connected disability of sixty-six and two --thirds percent (66-2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $-0- for Fire- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $275 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. �I A public hearing on this Ordinance will be held ring a R­egu-lrr City Council mee ing, Wednesday, December 1988, at or after 10:00 A.M. i1-1-- be- oonEdd.ered y_._the---City---- --._. .jappe-aru-- on the agenda.) The 1-a­r Meeting of the City Council will be held of City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. /;CA"-n Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. CAROL A. EVANS CITY CLERK Publish: Fort Lauderdale News/Sun Sentinel Wednesday, December 14,, 1988 7 2 PUBLIC HEARING /� - CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREE- MENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAIN- TAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLE- MENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM. DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A 1 DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service -connected disability benefit of seventy-five percent (75%) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service -connected disability of sixty-six and two-thirds percent (66-2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $-0- for Fire-- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $275 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. A public hearing on this Ordinance will be held during a Special City Council meeting, Wednesday, December 21, 1988, at or after 10:00 A.M., and will be considered by the City Council in the order as it appears on the agenda. The Special Meeting of the City Council will be held in Con- ference Room #1 (Room 103), at City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. 1 CAROL A. EVANS CITY CLERK Publish: Fort Lauderdale News/Sun Sentinel Wednesday, December 7, 1988 2 *1415 on first reading amending Article 1 of Chapter 14 of the Code of Ordinances of the City of Tamarac per - ITEM # REF. taining to the City's Pension Plan (tabled on 11/23/88). ,,4 � r DATE TAPE SIDE # r — — — — — — — — — — — — — — — — — — — — — — — — — — -- ;?— — — — ; �` — VOTE: DISTRICT 2 — V/M STE DISTRICT 3 — C/M HOF, DISTRICT 4 — C/M BEN; DISTRICT 1 — C/M ROH MAYOR ABRAMOWITZ MOTION BY: SECONDED BY: i PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: I of�tCty,ser 19 o e ode a .on first reading amen ITEM # // R E ing t�Penison Plan. nances of the M of T ding Article y Tamarac pertain - DATE % g g TAPE SIDE # J VOTE: DISTRICT 1 - C/M ROHR�� DISTRICT 2 - V/M STELZER DISTRICT 3 - C/M HOFFMAN DISTRICT 4 - C/M BENDER r MAYOR ABRAMOWITZ MOTION BY: SECONDED.'BY: w' t PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: § 12.01 TAMARAC CITY CODE § 12.03 representation as may be required by this Charter or by the council. The said attorneys shall be duly licensed to practice law in the State of Florida. They shall not legally represent nor serve any interest or client other than the city. The city may retain -special consulting or temporary city attorneys who may concurrently have other clients. ARTICLE XII. MISCELLANEOUS PROVISIONS Sec. 12.01. Personnel procedures. (a) All employees shall be appointed or promoted solely on the basis of their . qualifications and fitness. (b) The manager shall ensure that all employees receive a personnel manual. Sec. 12.02. Retirement or pension plan. The council shall, when it proposes to adopt a retirement or pension plan for city employees, publish in one (1) or more daily newspapers of general circulation in the city a general summary of the plan and together with an analysis of costs and future budgetary consequences; and a notice stating the time and places where copies of the plan are available for inspection by the public, and the time and place, not less than two (2) weeks after such publication, for a public hearing on the plan. The council shall establish and maintain a retirement plan for city employes. This is in recognition of the need to provide for a retirement program for the benefit of city employees. The investments and administration of the plan shall conform with the city charter provisions regarding investment of city funds, city ordinances, all requirements of federal and state laws and applicable rules and regulations thereunder, and will preserve and maintain the interest of the participants. (Res. No. CBR-86-7, § 1, 1-17-86) Editor's note —The provisions of CBR-86-7 were approved at an election held Mar. 11, 1986. Code reference --Retirement plan for city employees, § 19-1.2. Sec. 12.03. Removal from office. Any person holding an elective position with the city or an appointive noncompensated position or an appointive compensated position that does not fall under the hiring and firing powers of the council and the city manager shall be removed from office upon a finding by the courts, after due process by trial and appeal, that said person has intentionally or repeatedly violated some substantial provision of the Charter which provides safeguards for the rights of the people as opposed to minor procedural provisions. At said trial, the accused has the right to be informed of the charges against him, to employ an attorney at city expense, to subpoena witnesses and to be heard and confronted by his accusers. Supp. No. 29, 3-86 18.2 _e / I r du Temp. Ord. Na. ORDINANCE NO. 0-8Z_ 4N ORDINANCE .AMENDING ARTICLE I 'OP CHAPTER 19 OF THE BODE OF ORDINANCES OF THE CITY OF TAMARAC AND AMENDING CITY OF TAMARAC ORDINANCE NO. 0-87-3-7 PERTAINING TO THE CITY'S PENSION PLAN IRY AMENDING THE DEFINITION OF 4,CO NTRIBUTIONS"4 PROVIDING THAT MEETINGS OF THE BOARD +DF TRUSTEES MUST BE HELD. AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED CHANGING THE REASON FOR REMOVING TRUSTEES PROVIbING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND' S OE RATIONS) DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIE:S�0 PROVIDING THAT DELEGATIONS OR - ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS_0 LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THFIR FIDUCIARY OR LEGAL DUTIES REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREEMENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE: TRUSTEES ESTABLISH AND MAINTAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLEMENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN - ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE; UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE; STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE 'THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFIT'S, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE - CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL, SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES (Coding: Words in struck -through type are deletions from existing law; words underscored are additions.) 1 OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON - SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT'OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 and 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public hearinq has been held pursuant to Chapter 166, Florida Statutes, and WHEREAS, the State of Florida, Department of Insurance and Treasurer Bureau of Municipal Police Officers' and Firefighters' Retirement Funds has determined that certain changes are desirable to the City's pension ordinance, and WHEREAS, the City Council of the City of Tamarac determines that it is in the public interest to adopt the followinq ordinance, and WHEREAS, the following amendments have been approved by the Board of Trustees of the City of Tamarac Employees' Pension Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the following sections of Article I of amended by City of Tamarac Ordinance No. 0-87-37, are amended by deleting the words which are struck through (stfsek-tkreugh) and addinq the words which are underscored (underscored) hereafter, as follows: Section 1.8 Contributions. The term "contributions" shall mean the payments required of the City of Tamarac and those payments madeby the State of Florida for this Fund, or payments made by or on behalf of Participants or their beneficiaries. Secti n 3.9 Meetin s - Notices. The Trustees shall meet at least once eachuarter and at such other times as they deem it necessary to transact their business. The Chairman or the 2 Secretary of the Board of Trustees may, and upon the written request of any two (2) Trustees shall, call a meeting of the Trustees at any time by giving at least five (5) days' notice in writing, of the time and place thereof to the remaining Trustees. Notice of such meetings shall be posted or advertised to the public. Section 3.12 Removal of Trustees. The Board of Trustees shall initiate action to cause the removal of any fellow Trustee who is not qualified to serve as a Trustee under may-be-servisq as-a-TFustee- is-v}elaties-e€ this Agreement or other applicable law. The vacancy or vacancies caused by such a removal shall be filled in accordance with Section 3.3 of this Article. Section 5.1 Conduct of Trust Business. The Trustees shall have geserai, sole and exclusive supervision of the operation of this Trust Fund and shall conduct the business and activities of the Trust Fund in accordance with this Trust Agreement and applicable law. The Trustees shall hold, manage and protect the Trust Fund and collect the income therefrom and contributions thereto. The Trustees may in the course of conducting the business of the Trust, execute all instruments in the name of the City of Tamarac Employees' Pension Trust Fund. Section 5.5 De osits and Disbursements. All Trust monies not invested m_ay shah be deposited by the Trustees in such appropriate depository or depositories as defined in Section 280.02(12), Florida Statutes, as the Trustees shall, from time to time, select, and any such deposit or deposits, or disbursement therefrom, shall be made in the name of the Trust in the manner designated and authorized by the Trustees er- by-the-Ievestfeest MaAageF appointed in accordance with Section 5.4(b)(2) of this Article. Section 5.6 Allocation and Delegation of Non - Investment Responsibilities. The Trustees may, by resolution or by-law or by provisions of this Trust Agreement, allocate fiduciary responsibilities and various administrative duties to committees or subcommittees of the Board of Trustees. In addition, the Trustees may delegate such responsibilities and duties to other individuals as they may deem appropriate or necessary in their sole discretion, and consistent with state law provided, however, that such action shall have been approved by a majority vote of the Trustees, as provided in Section 3.12. Such delegations or allocations of responsibilities shall not relieve the Board of Trustees of its responsibility for the sole and exclusive administration of the Trust Fund. Section 5.9 Additional Authoritv. �d� �e-day-eat-a€-�lae-"��ss�-Fs�►�1-a��-�eai-acid-�e�seaa� p�eQe�ty-takes,-ieee�e-ta�ces�-aed-etbe�-takes-a€-asy-asd-a�� k}Ads-levied-o�-assessed-sr�de�-exist}Aq-e�-�xt��e-caws-��es-o�-its respeet-te-the--Trust-FURd7-eE-aAy-mosey,-PEepeEty,_er-seeurities €eFFRisq-a-gaFt-thereef (d)ke4 To do all acts, whether or not expressly authorized herein, which the Trustees may deem necessary or proper for the protection of the property held hereunder, and Wkf4 To sell, exchange, lease, convey, ffieFtgage or dispose of any property, whether real or personal, forming a part of the Trust Fund upon such terms as they may deem proper and to execute and deliver at any time, any and all instruments of conveyance, lease, mertgage and transfer in connection therewith. Section 5.19 Reliance on written Instruments. (a) By Trustees. Any Trustee, to the extent permitted ia 3 her or his fiduciary resnonsibility and by applicable law, may rely upon any instrument in writing purporting to have been approved by a majority vote of the Trustees and signed in accordance with Section 5.1 as conclusive evidence of the fact that a majority of the Trustees have taken the action stated to have been taken in such instrument. In any controversy, claim, demand, suit at law or other proceeding between any Participant or any other person and the Trustees, the Trustees shall be entitled to rely upon any facts appearing in the records of the Trustees, any instruments on file with the Trustees, or with the City, and any facts certified to the Trustees, by the City, any facts which are of public record and any other evidence pertinent to the issue involved. (d) The rovisions of this section shall not relieve the Trustees of any responsibilities or obligations im osed b Chapters 112, 175, 185 or 286 of the Florida Statutes or other applicable laws. Section 5.21 Establishment of Plan. (a) The Trustees and the Tamarac City Council shall adopt a written Pension Plan in accordance with State and municipal law wherein the Trustees, as named fiduciaries, shall have the authority to control and manage the operation and administration of the Plan in accordance with State and municipal law. Such Plan shall provide for the payment of such retirement pension benefits, permanent disability pension benefits, death benefits, and related benefits, as are required by law or feasible -.The Trustees -FRay-alse- enter- inte-agFeefRests-with-ether- Trustees -ef Pensien-- Plan s-which-een€eFF,-te-the-applieable-seetieAs-ef-the then- app4ieabie-InteFnal-Revenee-Eede--€eF-paa*penes -of- arc dec}tetieA-€e-the-eeipeeal-eeegnitieA-a€-serviee-eredits-and payments-ef-pension-bene€its- based --seen-sueh-seEviee-ereditsv The-TEsstees-shall-net-be-sndeF-any-ebligatieA-te-pay-any-pensien i€- the -payment -a€-sueh- pen sion-will- result -iA- less -e€-the-Trust Fundis-tax-exempt-status-under-the--then-appiicable-inteFaal ReVeAue-Cede-and-any-regelatiess--eF-rulings-issued-theretev and shall include, �b}--The-T��astees-and-the-Eity-EasAeil-shall,-p�e�sia�ate �eies,-�eguiat}ens,--a�►d--p�eeedsa`es-€e�-the-epea=atien-e€-the Pen9ien-PiaR7-iHe1-U4i-Rq7 by way of illustration and not limitation: i�} the--establisHr�est-arad-�a�rnteAanee-a€-a-€un�iinq staAda�d-peliey i8} a-p�eeedu�e-€e�-establishing-and-ea��yiRq_eet--a €unding-peliey 7i9} any procedures for the allocation &r a=Qe�ee���}ems of authority for the operation and administration of the Plan Plan. (8)(191 the basis on which payments are made from the (b)e The Trustees shall agree by a majority vote of their total number to the Plan which shall then be submitted to the Tamarac City Council for enactment as an ordinance. This Plan and any amendments thereto, shall qualify under applicable provisions of the Internal Revenue Code. Section 6.1 Submission to Trustees. All questions or controversies of whatever character, arising in any manner or between any persons or entities in connection with the Trust Fund or the operation thereof, which are related to any claim for any benefit by any Participant or any other person, shall, pursuant to Rules and Regulations adopted by the Trustees, be submitted to the Trustees, a-eeF,rRittee-e€-the--Trustees,-eF-aR-aFbitEatieR_bedy if-the-Trvstees-se--previder and the decision of the Trustees, the eeaaffiittee-er--&FbitFatiea-bedy shall be final and binding upon all persons dealing with the Trust Fund or Plan, or claiming benefits thereunder. Section 6.2 Settling Disputes. The Trustees may in their sole discretion compromise or settle any claim or controversy in such manner as they think best, and any majority decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement entered into by the Trustees, shall be conclusive and binding on all parties involved in this Trust, Provided that all such settlements are in accordance with the Pension Plan and applicable state law. Section 7.2 Limitation Upon Beneficial Rights of Em to ees. 4a4 All benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under any legal, equitable or any other process. In -the -event -that -any elaim-eF-bese€it_shallr-beeause-•-of-any-debt-jA@uFFed--by-eF Fes�iltiRq-€reFR-any-ether-elaiFn-eF-liability-against-any-Empleyeer Partieipastr-er- Bene€ieiaFyr- by-reasen-e€-any-sale,-assigRFRestr tEass€eEr-esesFRbFaseer-antieipatiesr--eF-ether-dispesitien-made-er attempted -by- said -Part ieipant7-genet ieiaFyr-eF-Effipleyeer--eE-by reaseR-a€-any-seissre-er-sale-ar-attempted-sale-under-any-legal, egxitable-er-ether-preeessr-eF-iR-any-suit-eF-pFeeeedisgr-beesFAe payable,-eE-be-liable-te-beeeFRe-payable,-te-any-person-ether-than tine-Partieipant-eF-sene€ieiaFyr-Re-bese€it-shall-be-payable-under the- Pessian- Plan- until-seeh-assignmestr-trans €eFr-eseumbraneer aRtieipatieR-e rethe-dispesitieRr-wFit-eF-legal-pFeeess-is eaneelled --eF--withAFaws-is-sueh-a-manneF-as-shall-be- sat is€aetery to- the- Beard -e€-Trustees ,--Emil-se-eaReelled -er-withdrawn,-the Bead-a€-T�estees-shall-ha�+e-t�ae-sight-te--use-and-apply-the bene€its--as-the-BeaFd-a€ -Trustees -FRay-deembest-€erthe-sappert and-maistenanee-e€-sseh-Partieipant-er-BeRe€ieiary., kb4 This-Seetien-shall-set-apply-ts-cluali€ied-demestie Felatiens-enders-to-the-extent-previded-in-the-Pension-Plan., Section 8.2 Procedure in Event of Termina ion. ( 4) Distribute the remaining assets a#Reeq--*.-he PaEtleiPaRts-and-bese€ieiaries-of-the-PlaRr in accordance with sections 175.361 and 185.37 of the Florida Statutes and other applicable law. Seetiee-9T3-Re_e4preei#y-AAgreementsv--The-TEsstees-FRay7-iR their sele-diseretienr-enter-iste-sueh-reeipreeity-agreement-er aq�eeaaests-with-ethe r pension-€ends-as-they-dete��,iRe-to-be-iR the-best-}ete�ests-e€-the-Test-�'ssdr-p�evided_that-any-s�teh FeeipFeeity-agreement-er-agreefeRts-shall-Rat-be-ineessistent with-the-terms-99-this--Trust-AgreeFRent., Section 9.7 Vesting of Ri hts. No Participant, Beneficiary or Employee or other person shall have vested interest or right in the Trust Fund except as provided by the Trresbees-in esR€ermanee-with-the-law., Pension Plan and Florida law. Chapter II - PENSION PLAN Section 1-2 Average Final Compensation. The term "averaqe final compensation" means one --twelfth of the average annual compensation defined as total cash remuneration paid for services rendered to the CitT,i of the five highest years of service prior to the employee's normal retirement date or prior 61 to the employee's voluntary discontinuance of participation in the Plan. 6eetien-l-6--9emestie-Relations -GEdeF.- -The -teFER—mdomestie relatiens-eEdeE-'-means-any-judgment,--deeFee-eF-eEdeF-Einelvginq appreval-9€-a-pFeperty-settleFRent---agFeement4-whieh-Felates-te ehild-seppefti-a1}Faesy--payments-er--ffiaFital--preperty-rights-te-a speese-der-€eFRaer--s(sense}7-ehildr--eF--etheE--depeRdest-e€-a Participant,-fnade-psrseant-te-a-state--def,estie-Felatiens-lawn Section 1-8 General Em to ee. The term "general employee" shall mean any person employed by the City in covered employment other than a police officer, fire fighter, temporary employee or elected official. Section 2-1 Participation. (a) A person shall become a Participant on the first day of service. Each full-time employee of the City shall be a Participant in the Plan except (1) employees engaged directly by the City Council shall not be eligible to be Participants in this Pension Plan (2) temporary general em to ees and (3) any person covered by the Plan on February 13, 1980, may elect by September 30, 1987 to discontinue participation in the Plan; such election shall be irrevocable. Section 4-5 Termination Payout A -Par tici ant who is a general em to ee and is vested and terminates employment 10 or more years before early retirement age shall have the o tion to receive in a sin le 1UMD sum the actuarial resent value of the Participant's vested benefit in full satisfaction of all benefits due to said participant from the Plan- A lication for such a benefit must be made within 45 days of the Partici ant receiving a notice from the Plan showin g. the value of such benefit and must be accompanied by the consent of the Partici ant's spouse. Upon receivingthis benefit the Participant shall lose all vestin credits no longer be entitled to any further benefits from the Plan, and be re arded as a new employee should the Partici ant thereafter be re-employed by the City. Section 6-1 Forms of Benefit Payments. A Participant who has a right to receive a pension benefit as provided in Section 5-1 (Right to Pension Benefits) shall automatically be paid the standard form of benefit payment which is ten years certain and life, unless a timely election is made to receive an optional form of benefit payment. Section 6-2 Standard Benefits. fal--maFried-PaFtiei Rants----The-standard-pension --belie€it for- -maFwied-Partieipasts-sha11 -be -a- joint -and --surviver-aRRVity. This-- terg►-a€-bene€it-shall-previde-meatbly-payFRents-a€-a-sFRaller aFaesnt--€er--the-li€e-ef-the -Part ieipant,-with-Menthly-payments eentiRuiRq--theFea€ter- for- the- li€e-e€- the- speese.--The -Monthly bone€lt-payable--te--€lie-speese-shall-be--�B$-e€-the-�weethly bene€it-payable-durinq-the--feint-lives-e€-the-Pay€1e}poet-seal the-s@ease.--�€-payment-a€-a--pension-is-to-be-made--iA-€he-€e�r� e€-a-€9�-deist-and-6�ia=vive�--Pessiera,-the-Pe�+s}eR-a�,eeRt-shall-be ad�ested-se-as-te-be--aet»a�ially-ee�etivalent-te-the-atanela�d laene€}t-€e�-an-aan�a��ied--ga�tieipaRt, ib�--ilRr�a��}ed-Past}ei ants---�'he--standaa=d-pension-bone€it €er-PaFt€e€pants-who-are-net, MaFfieel-sha41-be-a-1€€e--anRuity payable-€er-the-PaEtieipant's-life-and-eeasinq-xpeR-his-death, life. The standard pension benefit shall be'10 ears certain and Section 6-3 ,Optional Benefits. (b) Any other actuarially equivalent benefit approved by the Board or provided by sections 175,4,174 and 185.161, Florida Statutes. Section 6-4 Election of Optional Benefits. �b3 �eaasefl�-e-f-� ease----•--�t�e---spe�rse-a€--a-�►a��i•ed PaFtieipant-must- eon sent -te- any- eleet4en-te-waive-a-feint-aAd suEviver:-amBuity-by-sigaiaq_the-eleeties-be€sEe-a-aetaFy-publie. The -spouse' s-wFittem-eessest-FRkist-aeknewledge-the-a€€eet-a€-sueh a-waiveE.--EeAseRt-e€-the-spouse-allay-set-be-required-by-the-BeaEd el-��ustees,-is-its-sale--dise�etiera,-i€-t)ae3Ee-is-rue-SpouseT-e�-i€ €)ae-spe�se-eara�aet-be-leeated,-e�-€e�-sue)a-etbe�-eir_eumstaAees-as May- Any- eenseAt-by-a- spouse- hex- not �equi�}As(-eeraserat-as-p�evi�ed--l�e�eiA�-sbail-be-a€€ee€ive-etaiy with-respeet-to-sueh-spouse. (b) Each Particil2ant may,on a form provided for that purRoser signed and filed with the Board of Trustees desi hate a beneficiar (or beneficiaries) to receive the benefit if an which ma be a able in the event of the Partici ant's death- and each designation may be revoked b such Participant by si nin and filin with the Board of Trustees a new desi nation-of- beneficiary form. (c) If a deceased Participant failed to name a beneficiary in the manner Prescribed in subsection (b) or if the beneficiar (or beneficiaries) named by a deceased Partici ant Predeceased the Partici ant, the death benefit if an , which may be 2ayable under the Plan with res ect to such deceased Partici ant ma be aid, in the discretion of the Board of Trustees either to: (i) the spouse or dependent children of the Partici ant; or the de endent livinq parents of the Partici ant• or (iii) the estate of the Participant. dke} Time Limits - Any optional form of benefit payment must be elected prior to commencement of benefits from this Pension Plan and are subject to change as provided in Section 6- 5(b) hereof. Section 6-5 Revocation of Election. (a) Revocation by Participant - An election of a standard or optional form of benefit payment may be revoked at any time but-set-later-than-ten-days-after-r:eeeipt-e€-the-€iEst before the first payment of benefits from this Pension Plan. Such a revocation must be in writing, siqned by the Participant. 4bl Eerasent-e€-S ease---The-spouse-a€-a-maL-ried-PartieipAF t rwust-eeAserat-te-gray-�eveeat}ora-a€-a-�eiAt-and-st�i=vive�-ararauity-iA the-same--eaanneF-as-ppevided- ill--subseet€era-4el•-et-beet}es-6-4 lEleetieA-a€-Aptienal-gene€itsl. kel ;f-an-eIeet, ion- }s-r_ eveked7-then-the-standard-€erm-e€ bene€it-payment-shall-be-paid-unle6s-asetkeF--e4eet4era-a€-an eptienal-bene€it-payment-is-timely-made-as--previded-iA-Seetien-6- 4-4Eleet�:eta--a€-AptieAal-Berge€its;, (b)4dl After benefits have commenced a retired artici ant may change her or his designation of Dint annuitant or beneficiary twice in the manner prescribed in sections 175.333 and 185.341, Florida Statutes. Section-7-1 Ri ht to Disability Benefits. (a) Service -connected - (1) is a general em to ee who has suffered a service - connected injury, illness, disease, or disability which 7 permanently incapacitates physically, from his regular aeeor is a fire fighter or service -connected injury mentally or the City, suffered a _ lity which permanently and wholly prevents the fire fighter or olive officer Participant from rendering -useful and efficient service to the City as a fire fighter or olive officer. the Participant, either and continuous duty for Police officer who has illness disease or d sabi (2) has filed a claim for disability benefits, worker's com ensation benefits, Social Security disability benefits and long term disabil-ity insurance benefits, except this requirement shall not a 1 to fire fi hters or olive officers. (c) Non -Service -Connected - (1)(i) is a general employee who has suffered a non - service connected injury, illness, disease or disability which permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty for the City, or is a fire fighter or Police officer who has suffered a non- service connected injuryt illness, disease or disability which permanently and whop revents the fire fighter or Police officer from renderinq useful and efficient service to the it as a fire fighter or police officer, with 2 but less than 10 vestinq credits and has suffered a non -service -connected injury, illness, disease or disability which permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty or any other gainful full-time employment, or (ii) is a oo.lice officer or fire fighter with 10"or more vesting credits and is wholly prevented from renderin useful and efficient service as such a,-, (4) has filed a claim for disability benefits, Social Security disabilit benefits and long term disability insurance benefits- (d) Option - A Participant who is eli ible for an earl normal retirement benefit may,at the Participant's o tion elect said benefit in lieu of a service -connected disability benefit. Section 7-2 Amount of Disability Benefits. (a) Service -Connected - (2) a monthly disability benefit equal to the average monthly com ensationmesthIy-base-wage-rate 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, Social Security and Worker's Compensation, (including those Portions of lump -sum Payments that are in consideration for discharge of liability for future -wage loss or total disabilit benefits), provided that the benefit paid by the Plan shall not exceed 66 2/ 3% of the Participant's average monthly com ensationsalary at the time of disability for general employees and 75$ of the Participant's average monthly salary at the time of disability for police and fire employees, and provided further that the benefit paid by the Plan to disabled fire fighter and Police officer Partica ants shall not when combined with any disability benefits actuallyb received said Police and firetighter Participants from the Cit 's Long Term Disability insurance Benefit Plan and Worker's Compensation (including those portions of lum -sum payments that are in consideration for discharge -of liability for future wa a loss or total disability benefits) be less than 42% of the disabled fire fi hter's or Police officer's avera a monthly compensation at the time of disability. (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 firstday 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 years, with the balance payable to the Participant's beneficiary. (c) Non -Service Connected 10_or More Vestinq Credits - ( 2) . A monthly disability benefit equal to the F+eRthly base- wage- rateavera a 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 Social Security provided that the benefit paid by the Plan shall not exceed 20% of the Participant's average monthly salarycompensation at the time of disability for general employees and 35% of the Participant's average monthly salarycompensation at the time of disability for police and fire employees, provided further that the benefit be paid_by the Plan to disabled firefighters hters and olive officers and provided further that the benefit paid by the Plan to disabled fire fighter and police officer Partici ants shall note when combined with anydisability benefits actually -received b said 2olice and fire fighter Participants from the Cit 's Lon Term Disability Insurance Benefit Plan and Worker's Compensation (including those portions of lum -sum payments that are in consideration for discharge of liability for future wage loss or total disability benefits) shall not be less than 25% of the disabled fire fighter's or olive officer's average monthly compensation at the time of disability. Section 7-3 Determination of Disability. + (b) Continuing Review - The Board shall review the status of each disability benefit recipient once each year and may, in its sole discretion, require recipients, as a condition of continued payment of disability benefits, to submit physician's reports, submit to examinations, at the Plan's expense, by physicians or other medical, vocational or rehabilitation professionals, er submit copies of their annual federal income tax returns to substantiate continued disability, or, if the recipient is a former general employee receiving a non -service connected disability benefit submit proof of attem is to secure suitable gainful employment. Should a police or firefighter hter disability pension recipient not submit co ies of his or her annual federal income tax return afterbeinq reguested to do so by the Board the Board of Trustees may, after notice to the disability pension reci ient reduce the maximum service - connected disability_ pension benefit paid by the Plan_ to said Participant to 42% of the Participant's average monthly compensation at the time of disability or reduce the maximum non - service connected disability pension ben - of it a'id b the Plan to 25% of the Participant's average monthly compensation at the time of disability. Should a general_employee or a general employee disability recipient not submit co ies of his or her annual federal income tax return after -being requested to do so b the Boarde the Board of Trustees may, after notice to the general employee or a qeneral em to ee disabilit reci Tent sus end the disability benefit aid to said former general employee until said recipient has fully complied with the obligations of this section. Section 7--4 Recover from Disabilit . (b) Recovery from Non -service Connected Disability and Re - Employment by Another Employer - If a general employee non - service connected disability recipient recovers and obtains gainful full-time employment (other than employment in a sheltered workshop, Goodwill Industries, or other employment program for the handicapped), the Participant's disabilit benefit shall be discontinued. If a fire fighter orpolice officer non -service connected disability recipient recovers so as to be able to render useful and efficient service as a fire fi hter or olice officer, the Participant's disability benefit shall be discontinued. a-is-a€€eel-eeaa�aabie-s�ais€��-€eii-time ef►pieymeet-by-tke-City,-the-PaEtieipastis--disability-bepe€it shall-be--diseentisxedT Section 7-5 Duty to Coo erate work Search and Reduction in Disability Benefit (a) Applicants for and reci ients of disability pensions must aP21Y for Social Security disability benefits lon term disability -insurance benefits and for service- connected disability,, -worker's compensation benefits. Applicants must provide the information necessary to support such claims to the insuror or Social Security Administration diligently ursue such claims and submit to appropriate medical examinations requested by -said insurors in connection with such claims. (b) Recipients of non -service connected disability pensions who weregeneral employees at the time of disability and recover from disability shall be under a continuing obli ation to search and a 1 for suitable gainful employment commensurate with their ex erience, age and physical condition and to notify the Board of Trustees immediately u on obtainin such employment. (c) Should the Hoard of Trustees determine after notice to the disability pension recipient that the recipient has not com lied with the obli ations im20sed_by this section, the Board may (1) reduce the maximum service- connected disability pension benefit aid by the Plan to 42% of the Partici ant's average monthly compensation at the time of disability, (2) reduce the maximum non --service connected disabilit ension benefit aid by the Plan to 25% of the Partici ant's average monthly -compensation at the time of disability for former 20lice and fire employees, or (3) suspend a non -service connected disability -benefit aid to a former general employee until said recipient has full complied with the obligations of this section. Section 9-2 Benefit Level. (d) (ii) voluntarily due to transfer to another classification due to physical or mental disability, or the elimination, transfer or merger of the City's police or fire departments or the contracting out of the work performed by any department, the benefit level shall be calculated by multiplying the vesting credits earned for all years of service by the benefit level for the original pre -transfer classification provided that service as a fire fighter, police officer and -general employee shall be accounted for se aratel and benefits shall be paid_ accordingly from the appropriate accounts of the Plan. Section 9-4 Minimum Benefit The minimum total benefits paid to any Participant and ioint survivor annuitant shall be at least the amount of the Partici ant's Accumulated Contributions: If, after the death of the Participant and survivor and the payment of all benefits due hereunder, the minimum benefit has not been paid, the a ance shall be paid to the Participant's designated beneficiary or, if there is no surviving beneficiary, the Participant's estate. 10 Section 11-1 Pre -retirement Death Benefits for Vested Participants. The amount of the survivor benefit shall be equal to 50% of the Actuarially Equivalent single sum value of the Participant's vested Accrued Benefit as of his date of death, or, if the Participant has reached -early retirement age, of the actuarial) eguivalent_single-sumvalue of the amount the spouse or other beneficiarycould have received had t.."_...,_„ .. . he Participant retired on y - ----- - ,. the dao death and elected a 100$ joint and,survivor annuity,,.. whichever is greater. If this single sum amount is less than $3,500, it shall be paid in a lump sum to the spouse or designated Beneficiary, as the case may be, as soon as is practicable following the participant's death. If the single sum amount exceeds $3,500, the benefit shall be paid in the form of an immediate monthly survivor annuity unless the Beneficiary and the Board agree to an alternative Actuarially Equivalent form of benefit. See tie e-4Q-Q--4etere 6t--Aesefat•ieA,----Per-purpesesW-9f eefpstiaq-the-pFesest-Ya4ue-e€-a-benefit-payable-under-this gee tie n- the- inteFest-aGGuffiptires-te-be-i:tsed-ehaII-be-the aetsa�ia��y-asss�ed-i ste�eet-�a#e-a�e�ted-by-ti►e-$ea�d-e€ Trxsteesv- _ Section 13-1 Board of Trustees. The Board of Trustees shall administer and control the operation of this Pension Plan in accordance with the provisions of this Pension Plan, the Declaration of Trust, asd this Ordinance, and other Florida law. The Board of Trustees, or any other person to whom the Board of Trustees may allocate or delegate such authority, shall, from time to time, establish rules for the interpretation, application and administration of the Pension Plan. In making any such determination or rule, the Board of Trustees shall pursue uniform policies and shall not unreasonably discriminate in favor of, or against, any person or group of persons. Section15-1 Funding. The Plan shall be funded by contributions from Participants, contributions from the City of Tamarac and the amount derived from the premium taxes provided in Florida Statutes Section 175.101 and 185.08 and other income sources as authorized by law. Monies received in accordance with sections 175.101 and 185.08, Florida Statutes may be used for police officers and fire fighters only. Section_15-2 Participant Contributions. All Participants shall make regular contributions at the rate of five percent of total cash remuneration Raid for services rendered to the City earnings which shall be deposited in the fund at least monthly. The City of Tamarac shall assume and pay Participant contributions in lieu of payroll deductions from Participants' earnings. No Participants shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City directly to the Plan. All such contributions by the City shall be deemed and considered as a part of the Participant's Accumulated Contributions and subject to all provisions of this plan pertaining to Accumulated Contributions of Members. This City "pick up" of contributions is the result of a 5% reduction of each Participant's base pay and of base pay levels which occurred on October 1, 1986 and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. Section 2: Specific authority is hereby granted to codify this Ordinance. Section 3; If any provision of this Ordinance or the application thereof to any person or circumstance is held 11 invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. Section 4: This Ordinance shall become effective immediately upon adoption and passage. PASSED AND ADOPTED on first reading on this day of , 1988. PASSED AND ADOPTED on second and final reading on this day of , 1988. ATTEST: CITY CLERK APPROVED FOR FORM AND CORRECTNESS: BY: CITY ATTORNEY TMRC-ORD.ONE MAYOR - COMMISSIONER 12 r�d u Temp. Ord. 41a. ORDINANCE NO. 0-d- %%N ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE ✓CODE OF ORDINANCES OF THE CITY OF TAMARAC AND AMENDING CITY OF TAMARAC ORDINANCE NO. 0-87-3,7 PERTAINING TO THE CITY'S PENSION PLAN �Y AMENDING THE DEFINITION OF ,'CONTRIBUTIONS", PROVIDING THAT MEETINGS OF THE BOARD ,OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEE::TINGS SHALL BE POSTED OR ADVERTISED CHANGING THE REASON FOR REMOVING TRUSTEES PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE RATHER THAN GENERAL SUPERVISION OF THE TRUST FUNh'S 0>i'ERATIONSJ DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR - ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY,] DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS✓ LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLTSHED IN ACCORDANCE WITH STATE AND MUNICIPAL, LAW, DELETING THE PROVISION FOR RECIPROCAL AGREEMENTS WIT11 OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAINTAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SET,rLEMENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELvrING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN - ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE `!'HEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE - CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING; THE DATES (Coding: Wards in struck-thretigh type are deletions from existing law; words underscored are additions.) 1 i OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON - SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS' FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 and 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER. PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes, and WHEREAS, the State of Florida, Department of Insurance and Treasurer Bureau of Municipal Police Officers' and Firefighters' Retirement Funds has determined that certain changes are desirable to the City's pension ordinance, and WHEREAS, the City Council of the City of Tamarac determines that it is in the public interest to adopt the following ordinance, and WHEREAS, the following amendments have been approved by the Board of Trustees of the City of Tamarac Employees' Pension Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the following sections of Article I of amended by City of Tamarac Ordinance No. 0-87-37, are amended by deleting the words which are struck through (stesek-tkreugh) and adding the words which are underscored (underscored) hereafter, as follows: Section 1.8 Contributions. The term "contributions" shall mean the payments required of the City of Tamarac and those payments made by the State of Florida for this Fund, or payments made by or on behalf of Participants or their beneficiaries. Section 3.9_Meetings Meetings -Notices. The Trustees shall meet at least once eachguarter and at such other times as they deem it necessary to transact their business. The Chairman or the Secretary of the Board of Trustees may, and upon the written request of any two (2) Trustees shall, call a meetinq of the Trustees at any time by qivinq at least five (5) days' notice in writinq, of the time and place thereof to the remaininq Trustees. Notice of such meetings shall be Posted or advertised to the ublic. Section 3.12 Removal of Trustees. The Board of Trustees shall initiate action to cause the removal of any fellow Trustee who is not qualified to serve as a Trustee under may-be-seEviRq as-a-TE--vielatiem -e€ this Agreement or other applicable law. The vacancy or vacancies caused by such a removal shall be filled in accordance with Section 3.3 of this Article. Section 5.1 Conduct of Trust Business. The Trustees shall have genewaly sole and exclusive supervision of the operation of this Trust Fund and shall conduct the business and activities of the Trust Fund in accordance with this Trust Aqreement and applicable law. The Trustees shall hold, manaqe and protect the Trust Fund and collect the income therefrom and contributions thereto. The Trustees may in the course of conducting the business of the Trust, execute all instruments in the name of the City of Tamarac Employees' Pension Trust Fund. Section 5.5 Deposits and Disbursements. All Trust monies not invested may shall be deposited by the Trustees in such apgEepFiate depository or depositories as defined in Section 260.02(12) Florida Statutes, as the Trustees shall, from time to time, select, and any such deposit or deposits, or disbursement therefrom, shall be made in the name of the Trust in the manner designated and authorized by the Trustees er -by-the-4evestment MaRaReF appointed in accordance with Section 5.4(b)(2) of this Article. Section 5.6 Allocation and Delegation of Non - Investment Res onsibilities. The Trustees may, by resolution or by-law or by provisions of this Trust Aqreement, allocate fiduciary responsibilities and various administrative duties to committees or subcommittees of the Board of Trustees. In addition, the Trustees may deleqate such responsibilities and duties to other individuals as they may deem appropriate or necessary in their sole discretion, and consistent with state law provided, however, that such action shall have been approved by a majority vote of the Trustees, as provided in Section 3.12. Such delegations or allocations of responsibilities shall not relieve the Board of Trustees of its res onsi tv for the sole and exclusive administration of the Trust Fund. Section 5.9 Additional Authorit . fd� fie--pay-ewt-a€-�k�e-��est-F��as1-ail-peal-a�ad-pe�geaal p�epe�ty-ta�resy-#eee�,e-takes,-aesl-et#�e�-takes-a€-any-a�ael-a�:� kiRds-levied-er-assessed-xsdeF-eKiStiRR-eF-€utwEe-laws-spen-er-in Fespeet-te-tke-TFsst-PuRay-ef-asy--meseyy-prepertyr-er-seeuritles €eFffilsq-a-part-theFee€ (d)le4 To do all acts, whether or not expressly authorized herein, which the Trustees may deem necessary or proper for the protection of the property held hereunder, and Wtf4 To sell, exchange, lease, convey, meiF#gage or dispose of any property, whether real or personal, forminq a part of the Trust Fund upon such terms as they may deem proper and to execute and deliver at any time, any and all instruments of conveyance, lease, FRertgage and transfer in connection therewith. Section 5.19 Reliance on Written Instruments. (a) By Trustees. Any Trustee, to the extent permitted by her or his fiduciary responsibility -and by applicable law, may rely upon any instrument in writinq purporting to have been approved by a majority vote of the Trustees and signed in accordance with Section 5.1 as conclusive evidence of the fact that a majority of the Trustees have taken the action stated to have been taken in such instrument. In any controversy, claim, demand, suit at law or other proceeding between any Participant or any other person and the Trustees, the Trustees shall be entitled to rely upon any facts appearing in the records of the Trustees, any instruments on file with the Trustees, or with the City, and any facts certified to the Trustees, by the City, any facts which are of public record and any other evidence pertinent to the issue involved. (d) The provisions of this section shall not relieve the Trustees of any responsibilities or obli ations imposed b Chapters 112 175, 185 or 286 of the Florida Statutes or other &PPlicable laws. Section 5.21 Establishment of Plan. (a) The Trustees and the Tamarac City Council shall adopt a written Pension Plan in accordance with State and munici al law wherein the Trustees, as named fiduciaries, shall have the authority to control and manage the operation and administration of the Plan in accordance with State and municipal _law. Such Plan shall provide for the payment of such retirement pension benefits, permanent disability pension benefits, death benefits, and related benefits, as are required by law or feasibleYThe Trustees -gray-a€se-eAteF-irite-agreements-with-ot per-Tfes€ees-Of Pegs€era-P€aria-w)a}eii-ees€e�r�--€e-€lae-a��€�:eab�e-seet�eras-e€-tile shera-app�€eab€e-�e€e�raal--€te�eeee--Eeele--€er~-��aa��eees-a€-€arc dedue€ieR-€eF-the-r=eeipFeeal-r;eeegnities-a€-ser:viee-eredits-and payments-a€-pensieA-bene€4ts-based -epen-sueh-serviee-eeed4tev The-Trustees--shall-not-be-ender`-any--eb€igat€era-€e-pay-any-pension i€-sloe-payment-e€-suela-pensies-w}1I-rresult-in-€ess-e€-€ice-Tr -the-Trust Pu"d=s-sax-exempt-status-under-sloe-then-app€}eab€e-Interna€ Revenue- Cede-and-arty-r:equIatiess--er-rulhags-issued-therese. and shall include, 4b�__The-�'r=�s�ees-arid-Abe-�;}�y-Ee�rrie€€-aka€€r-p�era�€gale Fg4es,-requ4at4ess,-and -preeederes-€er:-she-epeeatiera-a€-the Feriseri-F�az},-rae��draq, by way of illustration and not limitation: 474 bbe-es€ab€€skrweri�-aad-r�a�raseRaRee-a€-a�€1QiRdiRq standard-peliey 484 a-p�eeedsse--€e�-es�ab��sh�Rs�-and—earErFy�Rq-eat-a €eRdiR�-pe€�ey 749; any procedures for the allocation e-F re-s$efl-s4-b44444es of authority for the operation and administration of the Plan (8)(€94 the basis on which payments are made from the Plan. (b)e The Trustees shall agree by a majority vote of their total number to the Plan which shall then be submitted to the Tamarac City Council for enactment as an ordinance. This Plan and any amendments thereto, shall qualify under applicable provisions of the Internal Revenue Code. Section 6.1 Submission to Trustees. All questions or controversies of whatever character, arising in any manner or between any persons or entities in connection with the Trust Fund or the operation thereof, which are related to any claim for any benefit by any Participant or any other person, shall, pursuant to Rules and Regulations adopted by the Trustees, be submitted to the Trustees, a-eemmittee-e€-tire-Trustees,-er-an-arbitratien-belly if-the-Trustees-se-previde, and the decision of the Trustees, the eemmittee-er-arbitratien-belly shall be final and binding upon all persons dealing with the Trust Fund or Plan, or claiming benefits thereunder. Section 6.2 Settling Disputes. The Trustees may in their sole discretion compromise or settle any claim or controversy in such manner as they think best, and any majority decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement entered into by the Trustees, shall be conclusive and binding on all parties involved in this Trust, rovided that all such settlements are in accordance with the Pension Plan and applicable state law. Section 7.2 Limitation Upon Beneficial Rights of Em to ees. fal All benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under any leqal, equitable or any other process. In -the -event -that -any elaim-er-bene€it-shall,-beeause-e€-any-debt--ineerred-by--er ressltinq-€rem-any-ether-elaim-er-liability-against-any-Employee, Participant,- er- Beset ieiary7- by--reaseR-e€-any-sales-assi9ameRt7 traRsfer,-eneuFRbraneer-aRtieipatieR,-er-ether-dispesitien-male-er attempted -by- said -Part ieipant,-gene €ieiary,--er-RfRpleyeeY--er-by reasen-e€-any-seisere-er-sale-er-atterfpted-sale-under-any-legal, equitable-er-ether-preeess,-er-in-any-suit-es-preeeediRq,-beeerfle payable~-er-be-liable-te-beeame--payable,-te-any-person-ether-than t€ie-Partieipant-eF-Berge€ieiaEy,-Re-bene€it-skull-be-payable-sRder the- Pensien-Plan- uRtil-6ueh-assignments-trans €eF7-eReumbranee, antieigatien-er-ether-�liSpesitien,-writ-er-legal-preeess-is caneelled -er-withdrawn- in- sueh-a-FRasser-as-shall-be- sat is€aetery te-the-Bea r--a€-Tres tees .- -Until-se-eaneelIed-er-withdrawn,-the Beard-a€-Trustees-skal l--have-the-right-to-ese-and-apply-the benefits-as-the-Beard-e€-Trustees—may-deem-best-€er-the-ssppert and-maintenanee-of-seep-Participant-or-Bene€ieiary. 4b4 This--Seetien-shall-net-apply-te-Qeali€ied-demestie relatiens-enders-te-the-extent-previded-in-the-PeRSieR-Plan, Section 8.2 Procedure in Event of Termination. ( 4) Distribute the remaining assets &4Aenq--*_-he Partieipants-and-bene€ieiaries-a€-the-Plan, in accordance with sections 175.361 and 185.37 of the Florida Statutes and other applicable law. Seet4en-9.3-Ree4reeit -A reements,--The-TrEestees-may,-iR their- sale-diseretieR7-enter-iRte-seeh-reeipreeity-agreement-er aq reements-with-ether-pension-€uRds-as-they-determine-to-be-iR t€►e-best-interruts-e€-the-Trost-€t�n�,-pre�i�e�_that-any-seek reeipreeity-ag Eeement-er-agreements-shall--net-be-ineeRsisteRt with-the-terms-e€-this-Trust-AgreemeRt, - Section 9.7 Vestin of Ri hts. No Participant, Beneficiary or Employee or other person shall have vested interest or right in the Trust Fund except as provided by the Trastees--in een€ermanee-with-t€ie-law, Pension Plan and Florida law. Chapter II - PENSION PLAN Section 1-2 Avera a Final Compensation. The term "averaqe final compensation" means one -twelfth of the average annual compensation defined as total cash remuneration paid for services rendered to thecity, i of the five highest years of service prior to the employee's normal retirement date or prior 5 to the employee's voluntary discontinuance of participation in the Plan. Seetien-1-6--Bemestie-Relatiens-GEdeEv--The-teem-=demestie relatiens-erdeFt-means-any-jedgfen#7--deeree-eF-eedeF-4inelsaiAq appFeval-of-a-pFopeFty-settlement--&RFeementl-whieh-eeiates-te ei�ild-sappe�t,-ali�er�y-pays,eats-e�--�ra�ital-p�epe�ty-�igkts-te-a apew se-Fer-€eFreeF-spew se�,-ehiid,-er--ether--depeedent-e€-a PaEtie€past,-wade-PuESHant-te-a-state--demestie-relations-law. Section 1-8 General Employee. The term "general employee" shall mean any person employed by the City in covered employment other than a police officer, fire fighter, temporary employee or elected official. Section 2-1 Partici ation. (a) A person shall become a Participant on the first day of service. Each full-time employee of the City shall be a Participant in the Plan except (1) employees engaged directly by the City Council shall not be eliqible to be Participants in this Pension Plan (2) temporary eneral employees and (3) any person covered by the Plan on February 13, 1980, may elect by September 30, 1987 to discontinue participation in the Plan; such election shall be irrevocable. Section 4-5 Termination Payout A Partici ant who is a general employee and is vested and terminates employment 10 or more years before early retirement age shall have the o tion to receive in a single -lump sum the actuarial resent value of the Part ici ant's vested benefit in full satisfaction of all benefits due to said 2articipant from the Plan. A221ication for such a benefit must be made within 45 days of the Partici ant receivin2 a notice from the Plan showing the value of such benefit and must be accom anied b the consent of the -Participants spouse. Upon-receivinq this benefit the Participant shall lose all vestin credits no longer be entitled to any further benefits from the Plan and be re arded as a new employee should the Participant thereafter be re-em la ed b the City. Section 6-1 Forms of Benefit Pa meets. A Participant who has a riqht to receive a pension benefit as provided in Section 5-1 (Right to Pension Benefits) shall automatically be paid the standard form of benefit payment which is ten years certain and life, unless a timely election is made to receive an optional form of benefit payment. Section 6-2 Standard Benefits. 4a4--MaEFieel-Paetiei ants---The-standard-pension--bene€it €er--maFEied-a?art ieipants -shaI1-be-a-feint-and-survives-anpeity. This--€erm-e€-bene€it-shall-previde-menthly-payments-a€-a-sma€ieE amevnt- -€er-the-li€e-e€-the-Partieipant,-with-Tenthly-paymepts e9AtiRuiAq__theFea€ter-€er--the-li€e--a€-the-speuse.--The-mepthly bene€€t-payala€e--to-the-spouse-shall-be-59%-a€-the_mentb€y benefit -payable-desinq-the--6eint- lives -of -the-Part4e4papt-and tk+e-spexse.--l€-pays+ept-a€-a--pepsiep-#s-te-be-�+ade-#n-the-€e�a� e€-a-59$-aeipt-and-6t�evive�--PeAsleA,-tine-Peas}erg-a�pAeet-s€►all-be ad3ssted-se-as-te-be--aet�aae}ally-eqd€valept-te_tl+e-star�daed bepe€it-€ee-ap-eprea��ied--pa�tieiPapt. €b4--Hnmaer€eel- Part ieipants --- The-standard-peRsies-bene€it ter- Part ie}pants-whe- are- net- married-shall-be-a-44te- an" uity payable-€eF-the-Partieipant's-life-and-eeasinq-epee-his-death. life e standard pension benefit sh all be 10 years certain and Section 6-3 0 tional Benefits. (b) Any other actuarially equivalent benefit approved by the Board or rovided by —sections 1754.174 and 185.161 Florida Statutes. Section 6-4 Election of Optional Benefits. kb; EeRseet-e-€-8 ease------�l--a-mar-r-i•ed Partie4pant-mast-eeaseRt-te-any-e4eet4eR-te-waive-a-feint-and suEviveF-aRRuity -by-si9AiRq-€he-eleeties-be€ere-a-Re€ary-publie, The-spouse's-wEitten--eeRsent-f+est-aeknowledge-the-a€€eet-a€-sv eb a-waiveF,--GeRseRt-a€-the-spouse-may-set-be-segeieed-by-€he-BeaEd e€-Trustees,-iR-its-seie-disere€iep,-i€-€here-}s-ne-spouse,-eE-it the -spouse-eannot -be -ieeated,-er-€es-seek-ether-eireumstanees-as may- be -approved- by -the -Bea Ed Any- eeaseRt-by-a-speese-der-net �egei�i�ag-eeaseRt-as-peevideel-be�eiR�-slaa€�-be-a€€eetive-eRiy with-respeet-te-seep-spouse, pure bene whit _ - ,_ (b) Each Participant may, on a form provided for that ose signed and filed with the Board of Trustees designate a ficiar (or beneficiaries) to receive the benefit if an h ma be arable 'the event of the Partici ant's death; and (c) If a deceased Participant failed to name a beneficiary in the manner Rrescribed in subsection (b) or if the beneficiary (or beneficiaries) named b a deceased Part ici ant redeceased the Partici ant the death benefit if an which may be payable' under the Plan with respect to such deceased Participant may be aid in the discretion of the Board of Trustees either to: (i) the spouse or dependent children of the Partici ant• or (ii) the de —pendent living parents of the Participant. or (iii) the estate of the Partici ant. d4e4 Time Limits - Any optional form of benefit payment must be elected prior to commencement of benefits from this Pension Plan and are subject to change as provided in Section 6- 5(b) hereof. Section 6-5 Revocation of Election. (a) Revocation by„Participant - An election of a standard or optional farm of -benefit payment may be revoked at any time bet-Rot-later-tkaR-ten-days-after-Feeeipt-of-the-first before the first payment of benefits from this Pension Plan. Such a revocation must be in writing, siqned by the Participant. €b3 Eensent-e€-Spouse---Tbe-spouse-of-a-married-PartieipAnt must-eeaseRt-te-any-seveeatieR-a€-a-jeiRt-and-BUrviver-aRRuity-iR t he-same-manner-as-peevided-iR-subseetien-fe4-a€-6eetion-C-4 €EieetieR-6€-9Ptienal-Belie€its4, 4e4 If-an-eieetien-is-Fevekedi--then-the-standard-€erm-of belie€it-payment-shad-be-Paid-unless-another-e-leetieR-of-an eptionai-bene€it-payment-is-timely-made-as-provided-iR-6eeties-6- 4-4Eieetiss--a€-Bptienal-BeRe€its4, (b)€d4 After benefits have commenced a retired -participant may change her or his desi nation of joint annuitant or beneficiary twice in the manner rescribed in sections 175.3 3 and 185.141 Florida Statutes. Section 7-1 Ri ht to Disability -Benefits. (a) Service -connected - (1) is a _general employee who has suffered a service - connected injury, illness, disease, or disability which 7 permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty for the City, andor is a fire fi hter or Police officer who has suffered a service -connected in'ur illness disease or disability which permanently and wholl revents the fire fi hter or police officer Partici ant from rendering useful and efficient service to the -City as a fire fi hter or olice officer. (2) has filed a claim for disability benefits, worker's com ensation benefits Social Securitydisabilit benefits and Long term disability insurance benefits except this requirement shall not a 1 to fire fi hters or police officers. (c) Non -Service -Connected - (1)(i) is a general employee who has suffered a non - service connected injury, illness, disease or disability which permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty for the City, or is a fire fighter or 2olice officer who has suffered a non- service connected injury, illness disease or disability which permanently and wholl'y 2revents the fire fighter or police officer from rendering_useful and efficient service to the it as a fire fi hter or police officer, with 2 but less than 10 vesting credits and has suffered a non -service -connected injury, illness, disease or disability which permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty or any other gainful full-time employment, WOR or (ii) is a Police officer or fire fighter with 10-or more vestin credits and is wholly prevented from renderin useful and efficient service as such a� (4) has filed a claim for disability benefits, Social Security_disability benefits and long term disability insurance benefits. (d) Option - A Partici ant who is -eligible for an earl normal retirement benefit may, at the Partici ant's option elect said benefit in lieu of a service -connected disability benefit. Section 7-2 Amount of Disability Benefits. (a) Service -Connected - (2) a monthly disability benefit equal to the average monthly com ensationmenthly-base-wage-rate 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, Social Security and Worker's Compensation, (including those portions of lum --sum a ments that are in consideration for discharge of liability for future wage loss or total disabilit benefits), provided that the benefit paid by the Plan shall not exceed 66 2/3% of the Participant's average monthly com ensationsalary at the time of disability for qeneral employees and 75% of the Participant's average monthly salary at the time of disability for police and fire employees -,and provided further that the benefit paid_by the Plan to disabled fire fi hter and olive officer Partici ants shall not when combined with any disability benefits actually'received by said olive and fire fighter Participants from the City's Long. Term Disabilitv insurance Benefit Plan and Worker's Com ensation (includin those ortions of -lump -sum payments that are in consideration for discharge of liability for future wa a loss or total disability benefits) be less than 42% of the disabled fire fighter's or 2olice officer's average monthly compensation at the time of disability. (3) Entitlement to a monthly service -connected disability benefit shall commence on the date of disability and 8 I 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 years, with the balance payable to the Participant's beneficiary. (c) Non -Service Connected 10 or More Vesting Credits - (2) A monthly disability benefit equal to the monthly base- wage- rateavera a 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 Social Security provided that the benefit paid by the Plan shall not exceed 20% of the Participant's average monthly salaFycom ensation at the time of disability for general employees and 35$ of the Participant's average monthly salaFycomnensation at the time of disability for police and fire employeesprovided further that the benefit be paid by the Plan to disabled fire fighters and police officers and provided further that the benefit aid by the Plan to disabled fire fighter and police officer Partici ants shall note when combined with any disability benefits actually received b said police and fire fighter Participants from the Cit 's Lons Term Disability Insurance Benefit Plan and Worker's Compensation (including those portions of lump -sum payments that are in consideration for dischar e of liability for future wa a loss or total disability benefits) shall not be less than 25% of the disabled fire fi hter' s or police officer's average monthly compensation at the time of disability. Section 7-3 Determination of Disability. (b) Continuing Review - The Board shall review the status of each disability benefit recipient once each year and may, in its sole discretion, require recipients, as a condition of continued payment of disability benefits, to submit physician's reports, submit to examinations, at the Plan's expense, by physicians or other medical, vocational or rehabilitation professionals, eF submit copies of their annual federal income tax returns to substantiate continued disability, or, if the recipient is a former general employee receiving a non -service connected disability benefit submit proof of at -tempts to secure suitable gainful employment. Should a of ce or f re fi titer disabilit erasion recipient not submit copies of his or her annual federal income tax return aftei—being re uested to do so b the Board the Board of Trustees may, after notice to the disability pension reci ient reduce the maximum service - connected Hipphility pension benefit Paid bq the Plan to said Partici ant to 42% of the Partici ant's average monthly com ensation at the time of diabilit or reduce the maximum non - service connected disability pension benefit Paid b the Plan to 25% of the Partici ant's average monthly com ensation at the time of disability. Should a general _employee or a eneral em to ee disability reci ient not submit copies of his or her annual €ederal income tax return after being requested to do so -by -the Board the Board of Trustees mayl after notice to the general em to ee or a general employee disabilit reci lent sus end the disability benefit paid to said former eneral em to ee until said recipient has fully —complied with the obligations of this section. Section 7-4_Recovery from Disability. (b) Recover from Non -service Connected Disability and Re- Em to ment by Another Employer - If a general employee non - service connected disability recipient recovers and obtains gainful full-time employment ( other than employment in a sheltered workshop, Goodwill Industries, or other employment M program for the handicapped), the Participant's disability benefit shall be discontinued. If a fire fi hter or police officer non -service connected disability reci Tent recovers so as to be able to render useful and efficient service as a fire fighter or police officer, the Partici ant's disability benefit shall be discontinued. ee-is-e€€eeed-eeaapaeable-gaiRttil-full-t}me e�g�sy�es�-�y-eke-E}�},-�lae-Pa�e�e�gat���s-el�sab����y-laeae�}� shall-be--diseentiAueds Section 7-5 Duty to Cooperate, Work Search and Reduction in Disabilit Benefit (a) A2Plicants for and reci ients of disability pensions must apply for Social Security disability benefits long term disability insurance benefits and for service -connected disability, worker's com ensation benefits. A licants must provide the information necessary to.support such claims to the insuror or Social Security Administration diligently ursue such claims and submit to ap2ropriate medical examinations requested by said insurors in connection with such claims. (b) Recipients of non -service connected disability pensions who were eneral em to ees at the time of disability and recover from disability shall be under a continuin obli ation to search and apply for suitable gainful em to ment commensurate with their ex erience a e and h sical condition, and to.notify the Board of Trustees immediately u on obtaining such employment. (c) Should the Board of Trustees determine after notice to the disability -pension recipient that the recipient has not complied with the obligations imposed by this section, the Board May (1) reduce the maximum service -connected disability pension benefit aid by the Plan to 42% of the Participant's average -monthly compensation at the time of disability, (2) reduce the maximum non -service connected disability pension benefit paid by the Plan to 25% of the Participant's average monthly compensation at the time of disability for former 12olice and fire em to ees or (3) suspend_ a non -service connected disability benefit aid to a former general employee until said recipient has full complied with the obligations of this section. Section 9-2 Benefit Level. (d) (ii) voluntarily due to transfer to another classification due to physical or mental disability, or the elimination, transfer or merger of the City's police or fire departments or the contractinq out of the work performed by any department, the benefit level shall be calculated by multiplyinq the vesting credits earned for all years of service by the benefit level for the original pre -transfer classification provided that service as_afire fighter, police officer and general employee shall be accounted for separately and benefits shall be__..paid accordinqly from the appropriate accounts of the Plan. Section 9-4 Minimum Benefit The minimum total benefits paid to any Participant and ioint survivor annuitant shall be at least the amount of the Participant's Accumulated Contributions. If, after the death of the Partici ant and survivor and the a ment of all benefits due hereunder the minimum benefit has not been paid, the a ante shall be aid to the Participant's designated beneficiary or if there is no survivina beneficiarv, the Participant's estate. 10 Section 11-1 Pre -retirement Death Benefits for Vested Participants. The amount of the survivor benefit shall be equal to 50% of the Actuarially Equivalent single sum value of the Participant's vested Accrued Benefit as of his date of death, or, if the Partici ant has reached early retirement a e of the actuarial) equivalent single sum value of_the amount the spouse or other beneficiary could have received had the Participant retired on theday of death and elected a 100% joint and survivor annuity, whichever is greater. If this single sum amount is less than 3,500, it shall be paid in a lump sum to the spouse or designated Beneficiary, as the case may be, as soon as is practicable following the participant's death. If the single sum amount exceeds $3,500, the benefit shall be paid in the form of an immediate monthly survivor annuity unless the Beneficiary and the Board agree to an alternative Actuarially Equivalent form of benefit. Seet}en-4Q-Q--4 ---For--puFps ses-9f eempet}eq-the- present-valtte-a€-a- ben e€it-payable-eader-this seeties-the---intore st-as&�impta1-1-be-the aetear}ally-assefed-inte-rest---Fa*_e-a,dep*_ed- by- *_Ae- Rea -Ed -e€ Trustees.- - Section 13-1 Board of Trustees. The Board of Trustees shall administer and control the operation of this Pension Plan in accordance with the provisions of this Pension Plan, the Declaration of Trusts and this Ordinance, and other Florida law. The Board of Trustees, or any other person to whom the Board of Trustees may allocate or deleqate such authority, shall, from time to time, establish rules for the interpretation, application and administration of the Pension Plan. In making any such determination or rule, the Board of Trustees shall pursue uniform policies and shall not unreasonably discriminate in favor of, or against, any person or group of persons. Section 15-1 Funding. The Plan shall be funded by contributions from Participants, contributions from the City, of Tamarac and the amount derived from the premium taxes provided in Florida Statutes Section 175.101 and 185.08 and other income sources as authorized by law. Monies received in accordance with sections 175.101 and 185.08 Florida Statutes may be used for police officers and firefighters only. Section 15-2 Participant Contributions. All Participants shall make regular contributions at the rate of five percent of total cash remuneration paid for services rendered to the City earnings which shall be deposited in the fund at least monthly. The City of Tamarac shall assume and pay Participant contributions in lieu of payroll deductions from Participants' earnings. No Participants shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City directly to the Plan. All such contributions by the City shall be deemed and considered as a part of the Participant's Accumulated Contributions and subject to all provisions of this plan pertaining to Accumulated Contributions of Members. This City "pick up" of contributions is the result of a 5% reduction of each Participant's base pay and of base pay levels which occurred on October 1, 1986 and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. Section 2: Specific authority is hereby granted to codify this Ordinance. Section 3: If any provision of this Ordinance or the application thereof to any person or circumstance is held 11 M r . invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. Section 4: This Ordinance shall become effective immediately upon adoption and passage. PASSED AND ADOPTED on first reading on this day of , 1988. PASSED AND ADOPTED on second and final reading on this day of , 1988. ATTEST: CITY CLERK ti APPROVED FOR FORM AND CORRECTNESS: BY: CITY ATTORNEY TMRC-ORD.ONE MAYOR - COMMISSIONER 12 CITY OF TAMARAC INTEROFFICE MEMORANDUM C/A NO. 8812-8401 TO: Pat Marcuri , Acting City Clerk FROM: ich r L. o dy, City Attorney SUBJECT: TEMP. ORD. 1415 - CITY'S PENSION PLAN DATE: December 1, 1988 ------------------------------------------------------------ Enclosed, please find Temp. Ord. #1415 which is on the Special Meeting Agenda of the City Council on Friday, December 2, 1988. Attorney Robert Sugarman will be at the meeting to address any questions or comments the Council may have regarding this Ordinance. If you have any questions, please do not hesitate to contact me. RLD/tm Enclosure cc: Mayor Abramowitz & Members of Council John P. Kelly, City Manager Larry Perretti, Personnel Director F. Temp. Ord. ## 1415 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-88- AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBU- TIONS", PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES, PROVIDING THAT THE TRUS- TEES SHALL HAVE SOLE AND EXCLUSIVE RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHOR- ITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREEMENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAINTAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLEMENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGN- MENT OR TRANSFER OF PENSION BENEFITS, REQUIR- ING THAT TERMINATION PROCEDURES BE IN ACCORD- ANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPOR- ARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THERE- AFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCA- TION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COM- MENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE -CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS -1- Temp. Ord. #1415 AND FIRE FIGHTERS APPLY FOR WORKER'S COMPEN- SATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE -CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF -SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE - CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUC- TION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIB- ING THE BASIS OF PARTICIPANT CONTRIBUTIONS, PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a public hearing has been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the State of Florida, Department of Insurance and Treasurer Bureau of Municipal Police Officers' and Firefighters' Retirement Funds has determined that certain changes are desirable to the City's pension ordinance, and WHEREAS, the City Council of the City of Tamarac determines that it is in the public interest to adopt the following ordinance, and WHEREAS, the following amendments have been approved by the Board of Trustees of the City of Tamarac Employees' Pension Trust Fund. -2- Temp. Ord. #1415 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 That Article I, "Employees' Pension Plan" Section 19-1, of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: Sec. 19-1 Declaration of Trust (a) Definitions: (5) Contributions. The term "contributions" shall mean the payments required of the City of Tamarac and those payments made by the State of Florida for this Fund, or payments made by or on behalf of Participants or their beneficiaries. SECTION 2 That Article I, "Employees' Pension Plan", Section 19-1(c) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (c) Board of Trustees. (9) Meetings -- Notices . The Trustees shall meet at least once each guarterand at such other times as they deem it necessary to transact their business. The Chairman or the Secretary of the Board of Trustees may, and upon the Utz Temp. Ord. #1415 written request of any two (2) Trustees shall, call a meeting of the Trustees at any time by giving at least five (5) days' notice in writing, of the time and place thereof to the remaining Trustees. Notice of such meetings shall be posted or advertised to the public . (12) Removal of Trustees. The Board of Trustees shall initiate action to cause the removal of any fellow Trustee who is not qualified to serve as a Trustee under iftay-be serving--ens-ec-�'csee-zn-vte�ataon-af this Agreement or other applicable law. The vacancy or vacancies caused by such a removal shall be filled in accordance with Section 3.3 of this Article. SECTION 3 : That Article I, "Employees' Pension Plan", Section 19-1(e) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (e) Powers and duties of Trustees. (1) Conduct of Trust Business The Trustees shall have generals sole and exclusive supervision of the operation of this Trust Fund and shall conduct the business and activities of the Trust Fund in accordance with this Trust Agreement and applicable law. The Trustees shall hold, manage and protect the Trust Fund and collect the income therefrom and contributions thereto. The Trustees may in the course of conducting the business of the Trust, execute all instruments in the name of the City of Tamarac Employees' Pension Trust Fund. -4- Temp. Ord. #1415 (5) De osits and Disbursements. All Trust monies not invested may shall be deposited by the Trustees in such appropriate depository or depositories as defined in Section 280.02(12), Florida Statutes as the Trustees shall, from time to time, select, and any such deposit or deposits, or disbursement therefrom, shall be made in the name of the Trust in the manner designated and authorized by the Trustees or -by —the —investment -Manager appointed in accordance with Section 5.4 (b) (2) of this Article. . . . (6) Allocation and Dele ation of Non -Investment Responsibilities . The Trustees may, by resolution or by law or by provisions of this Trust Agreement, allocate committees or subcommittees of the Board of Trustees. in addition, the Trustees may delegate such responsibilities and duties to other individuals as they may deem appropriate or necessary in their sole discretion, and consistent with state law provided, however, that such action shall have been approved by a majority vote of the Trustees, as provided in Section 3.12. Such delegations or allocations of responsibilities shall not relieve the Board of Trustees of its responsibility for the sole and exclusive administration of the Trust Fund. (9) Additional Authority The trustees are hereby empowered in addition to such other powers as are set forth herein as conferred by law. -5- Temp. Ord. #1415 �d}--fie-pap--®��-ef -tie-Trust-�'txnd-all-real-anel-persenel prepertp-taxes,-ineeme-taxes;-and-et�°ier-taffies-of-anp-and---all kinds--levied--er-assessed--tender--existing-er-ft�tt�re-laws-t�pe� er-in-respect-te---t3�e-�Frt�st-Fend; -®r-anp--menep;-prepertp; -er aeenrtttes-ferm�rng-a-part-Hereof . (d) Je} To do all acts, whether or not expressly authorized herein, which the Trustees may deem necessary or proper for the protection of the property held hereunder, and (e) if} To sell, exchange, lease, convey, mortgage or dispose of any property, whether real or personal, forming a part of the Trust Fund upon such terms as they may deem proper and to execute and deliver at any time, any and all instruments of conveyance, lease, mortgage and transfer in connection therewith. 19) Reliance on Written Instruments . (a) B Trustees. Any Trustee, to the extent permitted by her or his fiduciary_responsibility and by applicable law, may rely upon any instrument in writing purporting to have been approved by a majority vote of the Trustees and signed in accordance with Section 5.1 as conclusive evidence of the fact that a majority of the Trustees have taken the action stated to have been taken in such instrument. In any controversy, claim, demand, suit at law, or other proceeding between any Participant or any other person and the Trustees, W-C Temp. Ord. 41415 the Trustees shall be entitled to rely upon any facts appear- ing in the records of the Trustees, any instruments on file with the Trustees, or with the City, and any facts certified to the Trustees, by the City, any facts which are of public record and any other evidence pertinent to the issue involved d) The rovisions of this section shall not relieve the Trustees of -any responsibilities or obli ations i Died by Cha ters 112, 175, 185, or 286 of the Florida Statutes or other -applicable laws. 21) Establishment of Plan. (a) The Trustees and the Tamarac City Council shall adopt a written Pension Plan in accordance with State and municipal law wherein the Trustees, as named fiduciaries, shall have the authority to control and manage the operation and administration of the Plan in accordance with State and municipal law. Such plan shall provide for the payment of such retirement pension benefits, permanent disability pension benefits, death benefits, and related benefits, as are required by law or feasible;---The-Trustees-map-ease-enter #nte-agreements--e�ith--ether-�'�zstees-of-Pensxen-Puns-�-en+h�eh eenf®�m--te--the-spp�ieeible--seettens-ef--the-th.en:--epp�xe�►b�e �nte�rte�-Revenge--Cede-few--ptx�peses-�-ef-t�i�-dedtxet�en-fey-tie �eeip�oee�-reeoc�n�tien---ef-se�triee-e�edit�---end-�-papments--ef pensxen-benef xts--based--t�pen---stzeh---se��rree--e�ed�ts ;-__-�b,e Tmatees-shad-net-be-txnde-enp-ebIigatten-to-pap-any-pension -7- Temp. Ord. #1415 if -the --payment- E)f-sueh---pens ier+--dvi_l:l-result-in--lees -of -the Trust --Fund a -tape---- exempt- -status--tinder°-the- -there--aFPlieable lnterna,l-Revenue--Cede-and-any-regnlatxons-ar--rulings-issued thereto: and shall include, -Eb}--The-Trustees-and-tie-@itg--Cet�neil-shall-,-pramnlgate rtzlca;-regtzletiene; -and----preeedt�res-fe�-tiro-eperetier�--ef-the Pension-P1anT--ineltzding7 by way of illustration and not limitation. 47+ -e----ft:ndtng standard -policy 18}`_a-preeee1hre---for- estal5lishing-and esrrpfng-etit et -funding -policy 7 49} any procedures for the allocation or--respen-- sibilities of authority for the operation and administration of the Plan. (8) flO} the basis on which payments are made from the Plan. (b) e The Trustees shall agree by a majority vote of their total number to the Plan which shall then be submitted to the Tamarac City Council for enactment as an ordinance. This Plan and any amendments thereto, shall qualify under applicable provisions of the Internal. Revenue Code. SECTION 4 : That Article I, "Employees' Pension Plan", Section 19-1(f) of the Code of Ordinances of tho city of Temp. Ord. #1415 Tamarac is hereby amended to read as follows: (1) Submission to Trustees All questions or controversies of whatever character, arising in any manner or between any persons or entities in connection with the Trust Fund or the operation thereof, which are related to any claim for any benefit by any Participant or any other person, shall, pursuant to Rules and Regulations adopted by the Trustees, be submitted to the Trustees, e-eemrn4tee--e£--tie Tstees,-e�--an-a�bi��a�.ien-belly---if-tie-T�tts�ees-se-prev�de; and the decision of the Trustees, thc-eemmttce�e-a�bira- tion-bedp shall be final and binding upon all persons dealing with the Trust Fund or Plan, or claiming benefits thereunder. _(2) Settling Disputes. The Trustees may in their sole discretion compromise or settle any claim or controversy in such manner as they think best, and any majority decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement entered into by the Trustees, shall be conclusive and binding on all parties involved in this Trust, PLOvided that all such settlements are in accordance with the Pension Plan and 4PPlicable state law. SECTION 5 : That Article I, "Employees' Pension Plan", Section 19-1(g)(2)) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: Temp. Ord. #1415 (2) Limitation Upon Beneficial Ri hts of Employees ia} All benefits shall be free from the interference and control of any creditor, and no benefits shall be subject to any assignment or other anticipation, nor to seizure or to sale under any legal, equitable or any other process. In -the event--that--any-e�alm-®r---benef tt-shall ; -because-ef --ezny--debt lnetirred---b�*--er-result.Ong----frem--anp--ether--elaxm-er--�zabzlxty agaxz�:st--and*-Emplepee;-Partse�pant; --er-Benefxeiarp;-bp---reasen ef-anp-sale;-aaslgnment, --transfer; --encumbrance; -antic}pectien; er-ether-d�:�gestt�en-made-er-attempted-bp-said--Parttetpant; Bez�eftefarp;-er--Hmplepec;-er--by-reasen--ef-anp-seizn.re-er-aeele er-attempted-sale-under-and-legal;-equitable-er-ether--precess er-in-an�r-ea#t-er-preeeeding;-beeeme-papable--er-be-liable-te beeeme-payable:-te-anp--persen--ether--than-the-Participant-er Benefieiary;-ne--benefit-shall-be--pepable--tinder-the-Pension Plan-ttntil-stieh-assignment;-transfer;--enetimbrance;-enticxpa- tiers-er-ether-dispesitien;--writ-er-legecl-process--is-cancelled er--rvithdrawn-in-stieh-a-manner-as--shah-be-aatisf artery-te--the Beard-ef-�'rrxstees:-----Hntri--s®--eaneelled-er--r,�xthdrawn; __the Beard-ef--Trttstees--shall-ha�re--the-right-te-rise---and--apply-the benefits---are---the--Beard-ef ---"trustees--rnap--deem-best-fer-the stxppert-and-maintenance�-ef-such--f'artic�rpant-er-Heneficiazy- -�b}----�h�s--9ect�en-shall-net-apple-te--grialff red-demestre relatiens--enders-te-the-extent-pretrided-in-the-i�enaien-Plan- SECTION 6 : That Article I, "Employees' Pension Plan", Section 19--1 (h) (2 ) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: CK019 Temp. Ord. #1415 (h) Termination of Trust. (2) Procedure in Event of Termination. (d) Distribute the remaining assets among--tie--Partiej- pate-and--benefteartes-ef-t�xe--Psn- in accordance with sections 175.361 and 185.37 of the Florida Statutes and other applicable law. SECTION 7 : That Article I, "Employees' Pension Plan", Section 19--1(i) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (i) Miscellaneous �3}-Scetzan---9 : 3--Recxpree�ty--�sgreemGx�ts : ---�P�ie-�rt�ateee may;--�n-tixezr--sere--diserett®n-,_enter-�nte--s�ei�-reetpree�tp ecgreement--er--agreements-wa:t�i--et�ier--peneren--tends--ece-tt,e determine-ta--be--tn--tie-beet-Interests--af --tie--Trust-Frxnd; prevzdcd-t�iat--eny-et:e�i--reeipree�tp-agreement-er--agreements sizal�--net---be--eenszstent---witix--t�.e----terms--ef---t�iis--Trn:st Agreement- -11-- Temp. Ord. #1415 {7} (6_)Vesting of Rights. No Participant, Beneficiary or Employee or other person shall have vested interest or right in the Trust Fund except as provided by the Trustees-ln eefermaee-�lth-the-lam: Pension Plan and Florida law. SECTION 8 : That Article I, "Employees' Pension Plan", Section 19-1.1(a)(2) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (a) Definitions 2) Average Final Compensation. The term "average final compensation" means one -twelfth of the average annual compensation defined as total cash remuneration paid for services rendered to the City, of the five highest years of service prior to the employee's normal retirement date or prior to the employee's voluntary discontinuance of participation in the Plan. 16}-Bomestic-Relations-erder:---The-term--demestie-rela- bona-arderu-means-and-��dgmC�t;--deeree-or--erder-�Ynel�di�g approval-of-a-prepertp-settlement-agreement}-whzeh-relates-te child-s�ppert;-alime�p-payments-er-marYta} preperty--rights--tors--spense--der-former--spe�se;-ehzld--er other-dependent-of-a-Part}eipant;--made-p�rs�e�t--te--e-state domestze-relations-lam: _12- Temp. Ord. #1415 48} (7) General Em to ees. The term "general employee" shall mean any person employed by the City in covered employment other than a police officer, firefighter, teniporary em to ee or elected official. SECTION 9 : Article I, "Pension Plan", Section 19-1.1 (b) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: b) Participation in the Pension Plan. (1) A person shall become a Participant on the first day of service. Each full-time employee of the City shall be a Participant in the Plan except (1) employees engaged directly by City Council shall not be eligible to be Partici- pants in this Pension Plan and (2) temporary general employees and (3) any person covered by the Plan on February 13, 1980, may elect by September 30, 1987 to discontinue participation in the Plan; such election shall be irrevocable7--s.nd-43}--any-pers6n--initzally---emp}eyed--as--er premeted-ta-e�ny-ef-tixe-fellewing-classifies.tiens-sixall--elect to-participate-er-net-participate--rn--th.e-Plan.--Exty--clerk; Risk --Manager; __et.iaf--$t�.tleling-6ffieie�;-�4ssistant--Building efficial;--Heputy--Hity-Engineer,--BepUty--Htility--Engineer; Hirecter-ef-2emintxnity-He�relepment-�Plar�ner} ;--gine.nee Hirecter;-,�issistant--Finance--HireCt®r;--Eersennel--Hirecter; Public-6derks--Hirecter: -and-Eitil�eties--Birecter¢C'ity-Engineer; s�.cfi--election---small---be-irrevocable--fer--ag---ler�g-�-as--the employee-bas---stze�-pe�sitien:--S�ie�.ld-any-Participant-cleat-te diseentin�ze-pe�rticipatien-in-ttie--Plan-as-permitted-by-{�}-and �3}--abeve;-ttie__Participant1s-entitlement-te-benefits---�iere- ender-shall-be-geverned-by-tire-Plan--prevxsiens-in-effect--at =99C Temp. Ord. #1415 the-time-of-such--diseontinuanee v Termination Pa out A Participant who is a eneral employee and is vested and terminates em to ment 10 or more ears before earl retirementage e shall have the o tion to receive, in a single lump sum the actuarial present value of the Participant's vested benefit in full satisfaction of all benefits due to said artici ant from the Plan. -Application for such a benefit must be made within 45 days of the Participant receiving a notice from the Plan showing the value of such benefit and must be accom anied by the consent of the Parti- cipant's spouse. Upon receiving this benefit, the Partici- pant shall lose all vesting credits, no lon er be entitled to any further benefits from the Plan, and be regarded as a new em to ee should the Participant thereafter be re-em 10 ed b the City. SECTION 10 : Article I, "Pension Plan", Section 19-1.1 (f) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (f) Forms of Benefit Payments (1) Forms of Benefit Payments. A Participant who has a right to receive a pension benefit as provided in Section 5-'-1 (Right to Pension Benefits) shall automatically be paid the standard form of benefit payment which is ten years certain and life, unless a timely election is made to receive an optional form of benefit payment. (2) Standard Benefits 091C Temp. Ord. #1415 4a} --- Married- Fartieipants--The-standard-pensien-benefit fer--ma.cried--Sa.rtieipants--shall--be--a-geint--and--aurvierer annr.itp:--This-Perm-ef-benefit-shall-previde--menthly-papments ef-a-smaller--ametznt--fer-the--life-ef-the--�artieipant;-with menthly--parr+rents--eentinn.ing---tfierec�ffe�--fey-the--life-ef-the speuse : ---The-menthly-benef it-payable----te-the-spet�se-shall--be S9�s--ef-the-monthly-benefit-payable-during-the-7eint-lives-ef the-f'artieaepant--and-the-spetsse :--lf-papment-ef--a--pension---is to-be-made-in-the--farm-ef-a-59�-deist--and-9ur�r#erer-Fensxen; the-Sensien--amet�nt-sha}}-be-ad�t�sted-se-as-�te--be-a.etuarially equivalent-te-the-standard-benefit-f er--an-t�smarried---partzei- pant: ib}----Unmarried---Partieipa.nts: ---- The--standard-pensien benefit-for-i'articipants---who-are-net-married-shall-be-a-life annuity--payable--for-the-Bsrtieipantys-life-and-eeasing-txpen his -death - The standard__pension benefit shall be 10 years certain and life. 3) O tion Benefits. (b) Any other actuarially equivalent benefit approved by the Board or rovi.ded b sections 175.417 and 185.161 Florida Statutes 4) Election of Op tional Benefits. -Eb}--Sensent-ef-Spouse--The-speuse-e£-a-married-Fartiei- -15- Temp. Ord. #1415 pant--mtzat--censent--te--any--e�eet.ien---te-wai�re--a-�e�r�t-and +surv�ver---ann�.�ty--b�.--stgn�ng-the-eleetzen-befere--a--netarp pt�.bitc :-----�'he--apen.se'-s-�vrttten-censent-must-acknewiedge--the effect-ef--such-a-waiver:--Oensent-_e f-the--spetxse--map-net-be regn.tred-bp-the-Beard-ef-�rtxstees;-in-its-seie-discretion--�f there--ts-ne-spe�zse;-er-tf---the--apetxse-eannet-be-i®sated;-er for-stzeh-ether-eirctxmstances-as-map--be-appretred-bp-the-Beard �4np-Cex�.serit-bp-a-spe�txse_�er-net-requiring-consent-as--pr®vtded �ierein}-shah-be-effective-snip-t�eith-�°espeet--te-such-spet�se; (b) Each Participant may, on a form rovided for that purpose, signed and filed with the Board of Trustees, desig- nate a beneficiary (or beneficiaries) to receive the benefit, if an , which may be payable in the event of the Partici- pant's death; and each designation may be revoked by such Participant b fi :.qning and filing with the Board of Trustees a new designation-of-beneficiarydeELgnation-of-beneficiary form. If a deceased Participant failed to name a benefi- ciary in the mannerrescribed in subsection (b), or if the beneficiary (or beneficiaries) named by a deceased Partici- pant predeceased the Participant, the death benefit, if any, which may_be a able under the Plan with res ect to such deceased Participant may be paid, in the discretion of the Board of Trustees either to: (i) the spouse or dependent children of the Participant; or (ii) the dependent living parents of the _ Participant; or (iii) the estate of the Participant. d {e} Time Limits -- Any optional form of benefit payment must be elected prior to commencement of benefits from this Pension Plan and are subject to change_as provided in Section 6-5(b) hereof. 041-M Temp. Ord. #1415 5) Revocation of Election. (a) Revocation by Participant - An election of a standard or optional form of benefit payment may be revoked at any time brit-ne--- inter-Mien-ten-�dape---receipt-ef-the-f� rat before the first payment of benefits from this Pension Plan. Such a revocation must be in writing, signed by the Partici- pant, -(b}----Censent--ef----Spet�se : -_---fie-_spetxse-®f --a-married Participant-must--c®neent--te-anp-revecectien--ef-e--7eint---ene� etxrntver-annttxtp-rn-the-sst�me-manner-e�-previded-in-eubseetien �c}-ef-Sectzen-6-4--EEieet�een--ef-®ptian�:1-Benef ttg} -fe}--�f-en--e�eetxen-is-rear®ked; -then-tie--standard--ferrn ef--benef st--peiyment-�ttieii-be-paid-unless-ecn®tier-election-ef an-eptrona.i-benefit--pecpment--is--tzmef�*--mae�e-ag-previdee�--in Seetien-6-�-{E�ectien-ef-Bptzenei-Benefits}= (b) {d} After benefits have commenced,_a retired artici ant __May_change her or his designation of joint annuitant or beneficiary twice in the mannerprescribed in sections 175.333 and 185.341 Florida Statutes. SECTION 11 : Article I, "Pension Plan", Section 19-1.1 (g) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: (g) Disability benefits. (1) Right to disability benefits . -17- Temp. Ord. #1415 (a) Service -connected - A service -connected disabil- ity benefit shall be payable if a participant: Isa general employee (1 ) , _ y�e who has suffered a to service -connected injury, illness, disease, or disability which permanently incapacitates the Participant, either mentally or physically, from his regular and continuous duty for the City, and is a firefighter or police officer who has suffered a service -connected injury, illness, disease or disability which__permanently and whop revents the fire- fighter orpolice officer Partici ant from rendering useful and efficient service to the City as a firefichter or police -__` --__ (2) has filed a claim for disability benefits, worker's com ensation benefits, Social Security.disability benefits and long term disability insurance benefits, except this requirement shall not M21y to firefighters or police (c) Non -Service Connected - A non -service -connected disability benefit shall be payable if a participant: (1)(i) is a general employee or is afirefighter_potice officer with two but less than ten vesting credits and who has suffered a non -service connected injury, illness, disease or disability which permanently incapacitates the Partici- pant, either mentally or physically, from his regular and continuous duty for the City,er-is--a-firefighter-er--peiiee of f ieer---��ie-bias--atxf f eree�--a-nen-ser��ece--connected--injury; Temp. Ord. #1415 i��ness;--elisease-er--dxsebr�a:ter-v�hxeh-permt�nentfp-and-wholly prevents--tie--f iref tg�iter---er--pelfee-ef f Peer-f rem -rendering txseft�.1-s.nd-efficient-eerertce--to-tie-Cite-a,a-a-firefighter-er peitee---eff Peer: --with-2-butt-ices---t�ian-i6-vesffng--credits-ane� hns-suffered-a-nan-serviee--eennected-sn�t�rp;-illness;-dises.se er--diaabilstp--which-perms.nentlp-inct�paeitates--tie-Partiei- pant:--either--mentally---er-phpsieeii�r;--frem-his--regnl8r-and continuous --duty or any other gainful full --time employment, -Sand} or (ii) is a police officer or firefighter with 10 or more vesting credits who have suffered a non -service con- nected injury, illness, disease or disability and is wholl prevented from rendering useful and efficient service as such, and (4) has filed a claim for disability benefits, Social S-ecurity disability benefits and lon term disability insur- ance benefits. (d) Option - A Participant who is eligible for an earl normal retirement benefit ma at the Participant's option, elect said benefit in lieu of a service -connected disabilit benefit. 2) Amount of Disability Benefits. (a) Service -Connected - The monthly service -connected disability benefit shall be: . . . -19 Temp. Ord. #p1415 (2) a monthly disability benefit equal to the average monthly compensation menth±y-base-wage-rate paid by the City for disability minus any disability income benefits actually received by the Participant from the City's Long Term Disability Insurance Benefit Plan, Social Security and worker's Compensation, (including those portions of lump -sum payments that are in consideration for discharge of liability for future wa a loss or total disability -benefits) , provided that the benefit paid by the Plan shall not exceed 66 2/3% of the Participant's average monthly compensation neailarp at the time of disability for general employees and 75% of the Participant's average monthly salary at the time of dis- ability for police and fire employees, _ __and_ providedfurther that the benefit paid by the Plan to disabled firefighter and police officer Particit)ants shall not, when combined with anv disability benefits actually received by said police and firefighter Participants from the Cit 's Long Term Disability Insurance Benefit Plan and Worker's Compensation (including those portions of lump -sum payments that are in consideration for discharge of liability for future wage loss or total disability benefits) be less than 42% of the disabled fire- fighter's or police officer's avera e monthl cam ensation at the time of disability. (3) Entitlement to a the monthly service - connected disability benefit shall commence on the date of disability and be payableon 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 years, with the balance payable to the Participant's beneficiary. W4110 Temp. Ord. #1415 (c) Non -Service Connected 10 or More_VestinCredits - The monthly non --service connected disability benefit for participants with at least ten (10) vesting credits shall be: (2) A monthly disability benefit equal to the monthly -base -wage -rate 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 Social Security provided that the benefit paid by the Plan shall not exceed 20% of the Participant's average monthly salary compensation at the time of disability for general employees and 35% of the Participant's average monthly salary compensation at the time of disability for police and fire employees, provided further that the benefit be paid by the Plan to disabled firefighters and police officers, and rovided further that the benefit paid by the Plan to disabled firefighter and police officer Participants from the Cit 's Lon Term Dis- ability Insurance Benefit Plan and Worker's Compensation (including those portions of lum -sum payments that are in consideration for discharge of liability for future wage loss or total disability benefits) shall not be less than 25% of the disabled firefi hter's or police officer's average monthly com ensation at the time of disability. -21- Temp. Ord. #1415 (3) Determination of Disability. (b) Continuing Review - The Board shall review the status of each disability benefit recipient once each year and may, in its sole discretion, require recipients, as a condition of continued payment of disability benefits, to submit physician's reports, submit to examinations, at the Plan's expense, by physicians or other medical, vocational or rehabilitation professionals, er submit copies of their annual federal income tax returns to substantiate continued disability, or, if the reci lent is a former Seneral employee receivin a non -service connected disability benefit, submit roof of attempts to secure suitable -gainful em to ent. Should a olive or firefighter disability pension recipient not submit copies of his or her annual federal income tax return after being requested to doso by the Board, the Board of Trustees ma , after notice to the disability ension reci ient, reduce the maximum service -connected disability ension benefit paid by the Plan to said Participant to 42% of the Participant's average monthly compensation at the time of disability or reduce the maximum non -service connected disabilit ension benefit paid by the Plan to 25% of the Participant's average monthly compensation at the time of disability. Should a general employee or a general em to ee disabilit reci ient not submit copies of his or her annual federal income tax return after being requested to do so b the Board, the Board of Trustees may, after notice to the eneral ern 10 ee or a eneral em to ee disability reci ient, suspend the disability benefit paid to said former general employee until said recipient has fully -complied with the obligations of this section. -22- Temp. Ord. #1415 (_4) Recovery from Disability. (b) Recovery from Non -service Connected Disability and Re-Em to ment by Another EMployer - If a geneE2,l em to ee non -service connected disability recipient recovers and obtains gainful full --time employment (other than employment in a sheltered workshop, Goodwill Industries, or other employment program for the handicapped), the Participant's disability benefit shall be discontinued. If a firefighter or police officer non -service connected disability reci Tent recovers so as to be able to render useful and efficient service as a firefighter or 2olice officer, the Participant's disability benefit shall be discontinued. or -is -offered eemparab�e-ga�nftx�--f�.l�-���ne--emp�e�rmen�---bp--tine--ei�p; --the PartiE�gan��s-dtsab����p-benefit-s�ia��-be-dtscen�xnncd: (5) _Duty to Coo erate, Work Search and Reduction in Disability Benefit (a) Applicants for and recipients of disability pen- sions must apply for Social Security disability benefits, long term disabilit insurance benefits and for service - connected disability, worker's com ensation benefits. Applicants must rovide the information necessar to support such claims to the insuror or Social Security Administration, diligently ursue such claims and submit to appro2riate medical examinations requested by said insurors in connection -23- Temp. Ord. #1415 with such claims. (b) Recipients of non -service connected disability ensions who were general emplovees at the time of disabilit and recover from disability shall be under a continuin ,obligation to search and _apEjy for suitable ainful em ploy- _ ment commensurate with their experience, age and physical condition and to notif the Board of Trustees immediatel qp-on__obtaining such em to ment. (c) Should the Board of Trustees determine, after notice to the disability pension recipient that the recipient has not com lied with the obligations im osed b this sec- tion the Board may . 1) reduce the maximum service -connected disabil- ity pension benefit 2aid by -the -Plan to 42% of the Partici- pant's averse monthly compensation at the time of dis- ability, 2) reduce the maximum non --service connected disability pension benefit paid by the Plan to 25% of the Participant's averagemonthly compensation at the time of disabilit for former police and fire em to ees or (3) suspend a non -service connected disability benefit Raid to a former eneral em to ee until said reci- pient has fully complied with the obligations of this section. SECTION 12 : That Article I, "Pension Plan", Section 19--1.1 (i ) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: WXIC Temp. Ord. #1415 (i) Benefit Level. (d) For employees who served in more than one (1) of the above classifications: (2) Involuntarily due to transfer to another classification due to physical or mental disability, or the elimination, transfer or merger of the City's police or fire departments or the contracting out of the work performed by any department, the benefit level shall be calculated by multiplying the vesting credits earned for all years of service by the benefit level for the original pre --transfer classification provided that service as a firefighter, police officer and generalemployee shall be accounted for se]2ar- ately and benefits shall be paid accordingly from the appro- priate accounts of the Plan. (4) Minimum Benefit The minimum total benefits paid to anv Participant and joint survivor annuitant shall be at least the amount of the Participant's Accumulated Contributions. If, after the death of the Participant and survivor and the payment of all benefits due hereunder, the minimum benefit has not been aid, the balance shall be j2aid to the Participant's desig- nated beneficiary or, if there is no surviving beneficiary, the Participant's estate. -25- Temp. Ord. #1415 SECTION 13 That Article 1, "Pension Plan" Section 19- 1.1(k) of the Code of Ordinances of the City of Tamarac is hereby amended to read as follows: k) Pre -retirement Survivor Benefits. 1) Pre -retirement Death Benefits for Vest Par- ticipants . The amount of the survivor benefit shall be equal to 50% of the Actuarially Equivalent single sum value of the Par- ticipant's vested Accrued Benefit as of his date of death, q single or, it _t e_ e u�.valent sin lesumvalue of the amount the s ouse or other benefici.ary could have received had the Participant retired on the da of death and elected a 100% joint and survivor annuity, whichever is greater. If this single sum amount is less than $3,500, it shall be paid in a lump sum to the spouse or designated Beneficiary, as the case may be, as soon as is practicable following the participant's death. If the single sum amount exceeds $3,500, the benefit shall be paid in the form of an immediate monthly survivor annuity unless the Beneficiary and the Board agree to an alternative Actuarially Equivalent form of benefits. f2}--�n.terest-�kesx�mpffrn;--Fer-pt�rpeses-ef-eempt�ttng-the present-ve��.e--ef--a.-benef �t-pa�+ab�e-under--fbts--8eeffen-foie interest - -as sumption- to- -be--usedl shed---be--the-aetuariallp na3anled-a:r�terest-rate-adopted-bp-the-Beerel-ef --�Prtt9fees -26- Temp. Ord. #1415 SECTION 14 That Article I, Section 19-1.2 "Adminis- tration and Operation of the Pension Plan" is hereby amended by amending Section 19-1.2(a)(1) to read as follows: Section 19--1.2. Administration and Operation of the Pension Plan (a) Generally (1) Board of Trustees . The Board of Trustees shall administer and control, the operation of this Pension Plan in accordance with the provisions of this Pension Plan, the Declaration of Trust, and this Ordinance, and other Florida Law. The Board of Trustees, or any other person to whom the Board of Trustees may allocate or delegate such authority, shall, from time to time, establish rules for the interpretation, application and administration of the Pension Plan. In making any such determination or rule, the Board of Trustees shall pursue uniform policies and shall not unreasonably discriminate in favor of, or against, any person or group of persons. SECTION 15 : That Article I Section 19-1.2 "Administra- tion and Operation of the Pension Plan" is hereby amended by amending Section 19-1.2(c) to read as follows: (c) Funding. (1) Generally. The Plan shall be funded by contributions from Participants, contributions from the City of Tamarac and the amount derived from the premium taxes provided in Florida Statutes Section 175.101 and 185.08 and other income sources as authorized by law. Monies received in accordance with sections 175.101 and 185.08. Florida -27- Temp. Ord. #1415 Statutes, may be used for__police officers and firefighters only_- (2) Participant Contributions. All Participants shall make regular contributions at the rate of five percent of total cash remuneration paid for services rendered to the City earnings which shall be deposited in the fund at least monthly. The City of Tamarac shall assume and pay Participant contributions in lieu of payroll deductions from Participants' earnings. No Participants shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City directly to the Plan. All such contributions by the City shall be deemed and considered as a part of the Participant's Accumulated Contributions and subject to all provisions of this plan pertaining to Accumulated Contributions of Members. This City "pick up" of contributions is the result of a 5% reduc- tion of each Participant's base pay and of base pay levels which occurred on October 1, 1986 and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. SECTION 16 : That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 17 : If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. Eno Temp. Ord. #1415 Section 18 : This Ordinance shall become effective immediatel- upon adoption and passage. PASSED AND ADOPTED on first reading can this day of 1988. PASSED AND ADOPTED on second reading on this day of _ , 1988. ATTEST: CAROL A. EVANS CITY CLERK APPROVED FOR FORM AND CORRECTNESS: BY: RICHARD L. DOODY CITY ATTORNEY ORD.CONTRIBUTIO ORDS.CONTRI. -29- NORMAN ABRAMOWITZ MAYOR Y-- C I T Y OF TAMARAC INTEROFFICE MEMORANDUM 8811-2402 TO: Larry Perretti, Personnel Director FROM: Pat Marcurio, Acting City Clerk SUBJECT: Pension Plan Ordinance DATE: November 22, 1988 COPIES: Carol A. Evans, City Clerk Attached is a draft of the advertisement which our office prepared to be published in the Fort Lauderdale News on Wednesday, December 14 (two weeks prior to the Public Hearing at the City Council meeting of December 28). Please review this and let me know if it contains everything it should or needs revision. Attachment r CITY OF TAMARAC, FLORIDA GENERAL SUMMARY OF PROPOSED PENSION PLAN AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC AND AMENDING CITY OF TAMARAC PERTAINING TO THE CITY'S PENSION PLAN BY AMENDING THE DEFINITION OF "CONTRIBUTIONS"t PROVIDING THAT MEETINGS OF THE BOARD OF TRUSTEES MUST BE HELD AT LEAST QUARTERLY AND THAT NOTICES OF SUCH MEETINGS SHALL BE POSTED OR ADVERTISED, CHANGING THE REASON FOR REMOVING TRUSTEES; PROVIDING THAT THE TRUSTEES SHALL HAVE SOLE AND EXCLUSIVE, RATHER THAN GENERAL SUPERVISION OF THE TRUST FUND'S OPERATIONS, DEFINING THE DEPOSITORIES IN WHICH TRUST FUND ASSETS MAY BE DEPOSITED AND ELIMINATING THE AUTHORITY OF THE INVESTMENT MANAGER TO DESIGNATE SUCH DEPOSITORIES, PROVIDING THAT DELEGATIONS OR ALLOCATIONS OF RESPONSIBILITY SHALL NOT RELIEVE THE TRUSTEES OF FIDUCIARY LIABILITY, DELETING THE AUTHORITY OF THE TRUSTEES TO PAY TAXES WITH TRUST FUND ASSETS OR TO MORTGAGE TRUST FUND ASSETS, LIMITING THE RELIANCE ON WRITTEN INSTRUMENTS BY TRUSTEES, PROVIDING THAT SECTION 5.19 SHALL NOT RELIEVE THE TRUSTEES OF THEIR FIDUCIARY OR LEGAL DUTIES, REQUIRING THAT . THE PENSION PLAN BE ESTABLISHED IN ACCORDANCE WITH STATE AND MUNICIPAL LAW, DELETING THE PROVISION FOR RECIPROCAL AGREE- MENTS WITH OTHER PENSION PLANS, DELETING THE REQUIREMENT THAT THE TRUSTEES ESTABLISH AND MAIN- TAIN A FUNDING POLICY, DELETING PROVISIONS FOR SUBMITTING CLAIM CONTROVERSIES TO COMMITTEES OF TRUSTEES OR TO ARBITRATION, REQUIRING THAT SETTLE- MENT OF CLAIMS OR CONTROVERSIES BE IN ACCORDANCE WITH THE PENSION PLAN AND STATE LAW, DELETING THE PROVISION FOR TEMPORARY SUSPENSION OF BENEFITS UPON ATTEMPTED ASSIGNMENT OR TRANSFER OF PENSION BENEFITS, REQUIRING THAT TERMINATION PROCEDURES BE IN ACCORDANCE WITH FLORIDA STATUTES, REQUIRING THAT VESTING BE IN ACCORDANCE WITH THE PLAN AND FLORIDA LAW, FURTHER DEFINING "AVERAGE FINAL COMPENSATION", DELETING THE DEFINITION OF "DOMESTIC RELATIONS ORDER", DELETING TEMPORARY EMPLOYEES FROM COVERAGE UNDER THE PLAN, ADDING A TERMINATION PAYOUT BENEFIT OPTION FOR GENERAL EMPLOYEES, CHANGING THE STANDARD BENEFIT TO TEN YEARS CERTAIN AND LIFE THEREAFTER, DELETING REQUIREMENTS THAT THE CONSENT OF SPOUSE BE OBTAINED TO ELECT OPTIONAL BENEFITS, PROVIDING A PROCEDURE FOR THE DESIGNATION OF BENEFICIARIES AND PROVISIONS FOR PAYMENT OF BENEFITS IF NO BENEFICIARIES ARE DESIGNATED, CHANGING THE TERM FOR REVOCATION OF ELECTION OF OPTIONAL BENEFITS, PROVIDING FOR A CHANGE IN BENEFICIARY OR JOINT ANNUITANT AFTER BENEFITS HAVE COMMENCED, PROVIDING SEPARATE DEFINITIONS FOR SERVICE --CONNECTED DISABILITY FOR GENERAL EMPLOYEES, FIRE FIGHTERS AND POLICE OFFICERS, DELETING THE REQUIREMENT THAT POLICE OFFICERS AND FIRE FIGHTERS APPLY FOR WORKER'S COMPENSATION BENEFITS, SOCIAL SECURITY DISABILITY BENEFITS AND LONG-TERM DISABILITY INSURANCE BENEFITS IN ORDER TO RECEIVE THE MINIMUM DISABILITY BENEFITS REQUIRED BY STATE LAW, PROVIDING AN OPTION FOR A PARTICIPANT TO RECEIVE AN EARLY NORMAL RETIREMENT BENEFIT IN LIEU OF A SERVICE --CONNECTED DISABILITY BENEFIT, DELETING THE SOCIAL SECURITY BENEFIT OFF --SET FOR DISABILITY BENEFITS PAID TO POLICE OFFICERS AND FIRE FIGHTERS, SPECIFYING THE DATES OF ENTITLEMENT AND PAYMENT OF DISABILITY BENEFITS, REQUIRING THAT FORMER GENERAL EMPLOYEES RECEIVING NON -SERVICE -CONNECTED DISABILITY BENEFITS SUBMIT PROOF OF ATTEMPTS TO SECURE SUITABLE AND GAINFUL EMPLOYMENT, PROVIDING FOR A REDUCTION OF DISABILITY BENEFITS PAYABLE TO EMPLOYEES WHO REFUSE TO SUBMIT COPIES OF THEIR FEDERAL TAX RETURNS UPON REQUEST, CHANGING THE H r DEFINITION OF RECOVERY FROM DISABILITY, IMPOSING A DUTY UPON DISABILITY BENEFIT APPLICANTS AND RECIPIENTS TO APPLY FOR COLLATERAL BENEFITS AND TO SEARCH FOR WORK AND PROVIDING REDUCTION BENEFITS SHOULD THEY FAIL TO DO SO, PROVIDING FOR A SEPARATE ACCOUNTING OF BENEFITS FOR EMPLOYEES WHO TRANSFER BETWEEN EMPLOYEE CLASSIFICATIONS, PROVIDING A MINIMUM BENEFIT IN THE AMOUNT OF THE PARTICIPANT'S ACCUMULATED CONTRIBUTIONS, PROVIDING AN OPTIONAL PRE -RETIREMENT DEATH BENEFIT, RESTRICTING THE USE OF MONIES RECEIVED IN ACCORDANCE WITH SECTIONS 175.101 AND 185.08 OF THE FLORIDA STATUTES, AND FURTHER DESCRIBING THE BASIS OF PARTICIPANT CONTRIBUTIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. TEMP. ORD. #1415 ANALYSIS OF COSTS Changes to the Plan include a service --connected disability benefit of seventy --five percent (75%) of salary for Police Officers and Firefighters at a cost of $35,835 per year for Police Officers and $2,874 per year for Fire- fighters. A service -connected disability of sixty-six and two-thirds percent (66--2/3%) of salary for General Employees at a cost of $25,004 per year. Continuance of benefits accrual beyond Normal Retirement Age at a cost of $2,402 per year for General Employees, $16,463 per year for Police Officers, and $-0-- for Fire- fighters. Five (5) year cliff vesting at a cost of $886 per year for General Employees, $135 per year for Police Officers and $275 per year for Firefighters. Lower the Normal Retirement Age to age 62 for General Employees at a cost of $2,319 per year. The amount which will be added to the current annual City contribution is $389 for General Employees, $30 for Police Officers and $-0- for Firefighters. FUTURE BUDGETARY CONSEQUENCES The future budgetary consequences are insignificant. As a percent of payroll the additional City contribution is 0.0% for General Employees, essentially 0 for Police Officers, and 0 for Firefighters. A public hearing on this Ordinance will be held during a Regular City Council meeting, Wednesday, December 28, 1988, at or after 10:00 A.M., and will be considered by the City Council in the order as it appears on the agenda. The Regular Meeting of the City Council will be held at City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear to be heard with respect to this proposed Ordinance in Accordance with Florida Statutes #166.041. CAROL A. EVANS CITY CLERK Publish: Fort Lauderdale News/Sun Sentinel Wednesday, December 14, 1988 2 P15TRIS ION ,....LIST DEPAR712NT OR PERSON RECEIVED SY /,5? -;;718$ DATE COUNCIL I IRENE MASTER FILE _ CITY HuxoER FINANCE DIRECTOR FINANCE— 5VPV. ACCOUNTANT •- PURCRASING POLICE DEPARTMENT— CHIEF ]POLICE DEPARTMENT - K�,ICK RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT Tuw — ADMINISTRATION CODIFIER MAIL IMMEDIATELY Mun cipal Code Corp.A 2235, Ta11a ssee 32304 a er as e�ln charge o uPP ts) Robert Ussery in charge of Codifica on)� PERSONNEL AX APPRA29IR Kimm �' As MIc'xA, D. wAtvCxrCx, ANzs LiNnare ]]S S. Arndr� Ave., Ru. 307 •RDWW CIVIL11 AS WICII 8519 If- ft Blab Ad. Tamrac 33 PETITIONER DR APPLICANT CLERK'S PROJECT FILECOPIED DISTRIBUTED