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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-016Ternp. Ord. # 1975 08/ 12/02 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2002-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 16, ENTITLED "PENSIONS AND RETIREMENT", ARTICLE VII, ENTITLED "POLICE OFFICERS — DECLARATION OF TRUST", DIVISION 2, ENTITLED "BOARD OF TRUSTEES", AMENDING SECTION 16-571, ENTITLED "MEMBERS" TO PROVIDE FOR THE ESTABLISHMENT OF GUIDELINES FOR SELECTING TRUSTEES WHEN ACTIVE PARTICIPANTS ARE UNAVAILABLE PURSUANT TO TEXT AMENDMENTS OF CHAPTER 185, SUBSECTION 185.05(1) OF THE FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, amendments to Chapter 185 of the Florida Statutes now allows for retirees to serve on the Board of Trustees of closed state pension 1 plans when full time police officer participation falls below ten (10) participants; RTI GJ WHEREAS, amendments to Chapter 185 of the Florida Statutes requires the City of Tamarac to amend section 16-571 of the City Code, governing the selection of trustees to police pension plans, to conform with the amended state statute; and WHEREAS, the Board of Trustees of the Police Pension Fund approved the proposed amendment of section 16-571 of the City Code; and CODING: Words in StRiCk thr-ouoare deletions from exiting law; Words in underscored type are additions. Ternp. Ord. # 1975 08/ 12/02 Page 2 WHEREAS, the City of Tamarac finds that the actuarial impact statement from the Pension Trust Funds Actuaries shows that the proposed ordinance does not add any cost to the plan; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens of the City of Tamarac to amend Chapter 16, entitled "Pensions and Retirement", Article VII, entitled "Police Officers — Declaration of Trust", Division 2, entitled "Board of Trustees", amending section 16-571, entitled "Members" to provide for the establishment of guidelines for selecting trustees when active participants are unavailable, pursuant to text amendments of Chapter 185, Subsection 185.05(1) of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Chapter 16, Article VII, Division 2, Section 16- 571(a)(2), of the City of Tamarac Code of Ordinances is hereby amended as follows: Sec.16-571 Members. (2) Two (2) trustees shall be full-time police officers, as defined in section 185.02(11), F.S., or whenever the full-time police officer participation of a closed plan as provided in section 185.38. F.S., falls below ten (10) participants, a police officer_ trustee position may be held by either a retired police officer or a full-time police officer participant who shall be elected by a ma'orit of the full-time police officers and retired participants of the plan. retired CODING: Words in str-ti«k through are deletions from exiting law; Words in underscored type are additions. C 1 Temp. Ord. #1975 08/ 12/02 Page 3 the plan+ If there are no full-time or retired police officer participants remaining in the plan or capable of serving the remaining trustees may elect an individual to serve in the police officer trustee position. Upon receipt of such individual's name, the city commission, as a ministerial duty, shall appoint such individual to the board of trustees. This provision shall only apply to those plans that are closed to new members under section 185.38(2), F.S. SECTION 3. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict SECTION 5. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in struck thFebio are deletions from exiting law, Words in underscored type are additions. Temp. Ord. #1975 08/ 12/02 Page 4 Fil SECTION 6. This Ordinance shall become effective October 1, 184000 PASSED, FIRST READING this 281h day of August, 2002 PASSED, SECOND READING this 111h day of September, 2002 ATTEST MARION S IENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. `MITCHELL S. RAF CITY ATTOR E SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 11 CODING: Words in St-R iCk tlffO„g are deletions from exiting law; Words in underscored type are additions.