HomeMy WebLinkAboutCity of Tamarac Ordinance O-1990-035a/eD. �/So3
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-90--.3
AN ORDINANCE AMENDING ARTICLES II AND III OF CHAPTER
16 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC
PERTAINING TO THE CITY'S PENSION PLAN TO PERMIT THOSE
FORMER EMPLOYEES OF THE CITY OF TAMARAC POLICE
DEPARTMENT ON JUNE 30, 1989, WHO IMMEDIATELY
THEREAFTER BECAME EMPLOYED BY THE BROWARD SHERIFF'S
OFFICE TO PARTICIPATE IN SAID PENSION PLAN, TO PERMIT
THE TRUST FUND TO RECEIVE CONTRIBUTIONS FROM THE
SHERIFF OF BROWARD COUNTY ON BEHALF OF SAID EMPLOYEES,
TO PERMIT SAID EMPLOYEES TO ELECT A TRUSTEE AND TO
PERMIT SAID TRUSTEE TO SO SERVE UNDER THE SAME
CONDITIONS AS TRUSTEES ELECTED BY CITY OF TAMARAC
EMPLOYEES, PROVIDING FOR A REPEALER, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the police and law enforcement services provided by
the City of Tamarac are now, and have been since July 1, 19890
provided by employees of the Sheriff of Broward County, and
WHEREAS, Florida Statute Section 121.081(1)(f) requires that
those former City of Tamarac Police Department employees who are
now employed by the Sheriff of Broward County as a result of the
above must be given the option to continue participation in the
City of Tamarac Employees' Pension Trust Fund, and
WHEREAS, certain amendments to the Ordinance establishing
said Trust Fund are necessary in order to permit such
participation, 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 Pension Trust Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
BECTION 1. That Articles II and III, "Pensions and
Retirement"', Chapter 16 of the Tamarac Code of are hereby amended
- to read as follows:
AIBSO.11,O e
eriffof Broward County,_ Florida.
"Contributions"' means the payments required of the City of
Tamarac and the Sheriff of BrowardCounty_ and those payments made*
by the State of Florida for this Fund, or payments made by or on
behalf of Participants or their beneficiaries.
(a)(4) One Trustee and one alternate shall be elected
by the police officers employed by the City 4I= BSO who
participate in the Plan.
The Trustees shall be entitled to reimbursement for the
expenses properly and actually incurred in the performance of
their duties with the Trust Fund and to per diem allowance in
amounts established by the Board of Trustees, including, without
limitation, for attendance at meetings and other functions of the
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Board of Trustees, attendance at institutes, seminars,
conferences or workshops for or on behalf of the Trust Fund. A
Trustee may be paid directly from the Fund by way of
reimbursement for the amount of actual City Qr__BSO wages that he
has lost by reason of his performance of duties for the Trust
Fund in accordance with any reasonable schedule for reimbursement
which may be established by the Board of Trustees.
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Subject to the stated purposes of the Fund and the
provisions of this Declaration, the Trustees shall have full and
exclusive authority to determine all questions of coverage and
eligibility, methods of providing or arranging for benefits and
all other related matters. They shall have full power to
construe the provisions of this Declaration, the terms used
herein and the by-laws and regulations issued thereunder. Any
such determination and any such construction adopted by the
Trustees in good faith shall be binding upon all of the parties
hereto and the beneficiaries hereof. No questions or disputes
arising under this Declaration shall be subject to the grievance
or arbitration procedure established in any collective bargaining
agreement between the City 2r BSQ and any labor organization,
provided, however, that this clause shall not affect the rights
and liabilities of any of the parties under any of such
collective bargaining agreements.
(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, 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 or with BSO, and any facts certified to the Trustees, by the
City gr BSO, any facts which are of public record and any other
evidence pertinent to the issue involved.
(a) The City, M and participants shall make prompt
contributions or payments to the Trust Fund in such amounts and
under the terms as are provided for in this Ordinance and as
required by law. Such contributions or payments are absolute
obligations to the Trust Fund, and such obligations shall not be
subject to (by way of illustration and not limitation,) set-off
or counterclaim which the City, BSO. or any Participant may have
for erroneous contributions to any other Trust Funds, or for any
other liability of of any Employee, the City, AS2., the Trustees,
or any other person.
The Trustees, or such committee of the Trustees as the Board
of Trustees shall appoint, shall have the power to demand,
collect and receive City. BSO• and Participant payments and all
other money and property to which the Trustees may be entitled,
and shall hold the same until applied to the purposes provided in
this Trust Agreement. They shall take such steps, including the
institution and prosecution of, or the intervention in, such
legal or administrative proceedings, as the Trustees in their
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sole discretion determine to be in the best interest of the Trust
Fund for the purpose of collecting such payments, money and
property.
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The City of Tamarac, BSO_, any Participant or Beneficiary
shall not have any right, title or interest in or to the Trust
Fund or any part thereof other than vesting under the Pension
Plan and other than a pension or other benefit for which a
Participant or Beneficiary is entitled under the terms and
conditions set forth in the Pension Plan. There shall be no
prorata or other distribution of any of the assets of the Trust
Fund as a result of any group of Employees or Participants and
their beneficiaries, ceasing their participation in this Trust
Fund for any purpose or reason, except as required by law.
3OMif17T ; • -
"'Average final compensation" means one -twelfth of the
average annual compensation defined as total cash remuneration
paid for services rendered to the City, to BSO. orto_both, 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.
"'General employee"' means any person employed by the
City o ed by BSO
Um ed a
participant in this Plan in covered employment other than a
police officer, fire fighter, temporary employee or elected
official.
"'Police officer": means any person employed by the
City or any persone O
s enRloyedwas
participant in the Plan who satisfies the definition of police
officer in F.S. 185.02 (1)
Broward county, ,EIorida.
"'Retirement" or "retired" means the complete withdrawal
of a Participant from any further employment as an employee, paid
-- consultant or independent contractor of the City
IvService"' means years, and completed months of
continuous uninterrupted employment as a full-time employee of
the City, BSO.—arboth, provided &IJAt __employees „_of BSO muft.he
been-jen2joyed by S d
bv...the .City and have been oarticinants in this plan on June 30_
1989, commencing on the date of hire, for which a person is
paid, or entitled to payment, by the City Qr BSO:
(3) as the result of back pay being awarded, or
agreed to, by the City or SSO (irrespective of mitigation of
damages).
Non -Covered Employment: A person who is paid, or
entitled to payment, by the City or BSO shall also be credited
with service for purposes of participation, vesting, and breaks
in service (but not for benefit purposes) based upon service in
non -covered employment for the City or BSO, provided that the
person worked for the City or_ BSO in covered employment
immediately before or immediately after the non -covered
employment, and further provided no resignation, discharge or
retirement occurred between the covered employment and the
non -covered employment.
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The Plan shall be funded by contributions from Participants,
contributions from the City of Tamarac rind from BSO and the
amount derived from the premium taxes provided in Florida
Statutes Section 175.201 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.
•! - KI •- .,
(a) All Participants shall make regular contributions
at the rate of five percent of total cash remuneration paid for
services rendered to the City or BSO which shall be deposited in
the fund at least monthly. The City of Tamarac and BSQ 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 or BSO directly to the Plan. All such
contributions by the City or .ZSO shall be . deemed and considered
as a part of the Participants Accumulated Contributions and
subject to all provisions of this plan pertaining to Accumulated
Contributions of Members. This eitY gERloyer Opick 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, for employees who were first employed 12y JDS0
Qn July 1,_ 1989. also on that date. and is intended to comply
with Section 414(h)(2) of the Internal Revenue Code.
The City of Tamaracbehalf
employees, shall contribute to the Plan on at least a quarterly
basis an amount which, together with the contributions derived
from ,laid Participants and the amount derived from premium taxes
and other income sources as authorized by law, will be sufficient
to meet the normal cost of the Plan and to
fund the actuarial deficiency over a period of not more than 30
years._ BSO. on behalf of Participants_wh2 AKA R59 gEp10yggs,
ghall contribute to the Plan on at_J,2Ar2:L A quarterly basis the
amount which BSO would have cgntributed
System (11FRS111 fors m
Participants if said, Participants were members of FRS_rather_than
PartigiRants in this Plan,
The Board of Trustees shall be the sole judge of the
standards of proof required in any case. In the application and
interpretation of this Pension Plan, the decisions of the Board
of Trustees shall be final and binding on the Participants and
beneficiaries, the City,_Z%Q,� and all other persons.
(a) A break in service shall occur when a Participant
is no longer employed by the City or _BSO as a full-time
employee. However, no Credits shall be lost except as provided
in Section 4-2 (Loss of Credits).
(b) (2) becoming employed by the City or BSO in
non -covered employment or
(b)(3) being absent from work due to maternity or
paternity leave as provided in Section 1-9 (Maternity or
Paternity Leave), or due to unpaid leave of absence approved by
the City or BSO or
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Section - 16-199 Be -entry into -Plan !2f 1- d-of
employees.
(a) A person who has been paid a refund of Accumulated
Contributions after lay-off by the City or ago and subsequently
in re-employed by the City or BSO and earns any Vesting Credits
under the Pension Plan may repay to the Pension Plan the
Accumulated Contributions previously received, plus interest on
that amount at the actuarially assumed interest rate, compounded
I annually, or such other amount as prescribed in Section
411(c)(2)(d) of the Internal Revenue Code.
A Participant who is vested and terminates employment
10 or more years before early retirement age shall have the
option 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 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 accompanied, by the consent of the
Participant's spouse. upon receiving this benefit, the
Participant 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-employed by the
City ox bs,Q.
(a)(1) Is a general employee 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 2K
M, or is a fire fighter or police officer who has suffered a
service -connected injury, illness, disease or disability which
permanently and wholly prevents the fire fighter or police
officer Participant from rendering useful and efficient service
to the City or__BSO as a fire fighter or police officer:
(c)(1) Is a general employee, or is a firefighter or
police officer with two 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 for the city Q= BSo or any other gainful full-time
- employment;
(a)(2) A monthly disability benefit equal to the
average monthly compensation paid by the City gr BSo 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 or_BS,'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 disability benefits), provided that the benefit
paid by the Plan shall not exceed 66 2/3% of the Participant's
average monthly compensation 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 Participants shall not,
when combined with any disability benefits actually received by
said police and firefighter Participants from the City's gr Dws
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
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loss or total disability benefits) be less than 42% of the
disabled fire fighter's or police officer's average monthly
compensation at the time of disability.
(a)(4) upon reaching normal retirement age, the
Participant's benefit shall be either a normal retirement
benefit, with vesting credits for each year of service -connected
disability benefits and average annual compensation based upon
the base wage rates paid by -the City or-BSO during the period
of the Participant's disability for the Participant's last
position and step, or the benefit amount provided by subsection
(a)(1) or (2), above, whichever is greater, continuing as
provided by the retirement benefit option selected by the
Participant.
(b)(1) A monthly disability benefit equal to the
monthly base wage paid by the City or__BSO for the Participant's
last position and pay step at the time of disability minus any
disability income benefits actually received by Participant from
the City's 2r_Jh52.!z 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
at the time of disability.
(c)(2) A monthly disability benefit equal to the
average monthly compensation paid by the City QX DSO 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 or BSO's Long Term Disability
Insurance Benefit Plan and Social Security provided that the
benefit paid by the Plan shall not exceed 20t of the
Participant's average monthly compensation at the time of
disability for general employees and 35$ of the Participant's
average monthly 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
provided further that the benefit paid by the Plan to disabled
firefighter and police officer Participants shall not, when
combined with any disability benefits actually received by said
police and firefighter Participants from the City's or BSO_'_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.
(d) Increase in benefits. A Participant's monthly
disability benefit under this Plan shall be increased in the
event that the monthly base wage rate paid by the City 2r 0.9Q for
the Participant's last position and pay step is increased while
the Participant is receiving a disability benefit, provided that
the total disability benefit paid by the Plan shall never exceed -
the applicable maximum limits set forth above.
71141111 . 1 . .[
(a) "Recovery and re-employment by City or SSo" - If
a service- connected disability benefit recipient recovers, the
Board shall request the City or ESQ to reinstate the Participant
to his former position although the City or %10 is not required
to do so, and, should the Participant resume or decline an offer
of such employment with the City Qr BSo, the Participant's
disability benefit will be discontinued.
(c) "'Vesting credit during disability" - A recipient
of a service -connected disability benefit who has recovered and
returned to work shall receive full vesting credit for all time
during which the Participant received a disability benefit. A
recipient of a non -service connected disability benefit who has
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recovered shall not suffer a break in service for the period.
of his disability however, in order to receive vesting credit
for the period of disability, the Participant must be
reinstated by the City of Tamarac or, if a BSO em to ee at
the time of disability, _by_ BSO, and pay into the fund the
amount of employee contributions which he would have made
during his disability had he not been disabled, plus interest
as determined by the Board.
SECTION 2. That all Ordinances or parts of Ordinances
in conflict herewith, be and the same are hereby repealed to
the extent of such conflict.
SECTION 3. 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
and the provisions of this Ordinance are declared to be
severable.
SECTION 4. This Ordinarice shall become effective July
1, 1989.
PASSED AND ADOPTED ON FIRST READING THIS DAY OF
1990.
PAkUED A OPTED ON SECOND READING THIS .6;2' DAY OF
1990.
ATTEST:
C ROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this 0 E as
to form.
CITY
A 'FL'Iwo
MAYOR
RECORD OF COUNCIL VOTE
ABRAMOWITZ
DISTRICT I.
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
CIM ROHR
OM SCHUMAN
v/M HOFFMAN
C!M BENDE/RA/
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