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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-010Temp. Ord. #2360 August 29, 2017 Page 1 of 6 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-17- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 16, PENSION AND RETIREMENT, ARTICLE III, EMPLOYEES' PENSION PLAN AND ARTICLE IV, BENEFITS, PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR QUALIFYING SERVICE IN THE UNITED STATES MILITARY; PROVIDING FOR THE PURCHASE OF PRIOR SERVICE FOLLOWING SUBSEQUENT RE-EMPLOYMENT WITH THE CITY; PROVIDING FOR LANGUAGE WHICH LIMITS THE SELECTION OF A LUMP SUM BENEFIT OPTION; PROVIDING FOR A NON -SERVICE CONNECTED DISABILITY AFTER TWO OR MORE YEARS OF SERVICE; PROVIDING FOR A COST OF LIVING ADJUSTMENT FOR DEFERRED RETIREMENT OPTION PLAN PARTICIPANTS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac seeks to clarify its obligation under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to recognize credited service for employees returning from active military service and reentering the City of Tamarac General Employees' Pension Trust Fund; and WHEREAS, the City of Tamarac wishes to allow returning service members the opportunity to purchase credited service for qualifying military service by pretax rollover from other qualified retirement plans and accounts; WHEREAS, the City of Tamarac wishes to allow former employees the option to purchase prior service with the City upon subsequent re-employment with the City; WHEREAS, the City of Tamarac wishes to provide the option of selecting any other actuarially equivalent benefit, which does not have a negative financial impact to the plan; WHEREAS, the City of Tamarac wishes to incorporate language, previously inadvertently omitted from the ordinance, clarifying eligibility for a non -service connected disability pension after two (2) or more years of service with the City; CODING: Words in StF Gk threugh type are deletions from existing law; Words in underscored type are additions Temp. Ord. #2360 August 29, 2017 Page 2 of 6 WHEREAS, the City of Tamarac wishes to provide a Cost of Living Adjustment (COLA) to employees in the Deferred Retired Option Program; WHEREAS, the City of Tamarac and the Federation of Public Employees have executed a Memorandum of Understanding (see attached, Exhibit "A") in support of the aforementioned changes to the Pension Plan; WHEREAS, the trustees of the City of Tamarac General Employees' Pension Trust Fund have requested and approved such amendments as being in the best interests of the participants and beneficiaries as well as improving the administration of the plan; and WHEREAS, the City Commission has received, reviewed and considered an actuarial impact statement describing the actual impact of the amendments provided for herein (see attached, Exhibit "B"). NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of Tamarac, Florida: Section 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2: That Section 16-199 of Chapter 16, Article III, Division 3, of the City of Tamarac Code of Ordinances, be and is hereby amended to read as follows: Section 16-199. — Reentry into plan. (a) A person who has been paid a refund of accumulated contributions after tayeff by the-G4 and subsequently is reemployed by the city 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 pension plan's actuarially assumed interest rate, compounded annually, or such other amount as prescribed in section 411(c)(2)(d) of the Internal Revenue Code. CODING: Words in type are deletions from existing law; Words in underscored type are additions Temp. Ord. #2360 August 29, 2017 Page 3of6 Section 3: That Section 16-200 of Chapter 16, Article III, Division 3, of the City of Tamarac Code of Ordinances, be and is hereby drafted to read as follows: Section 16-200 — Purchase of Service Credit for Military Service. (1) An employee who enters military leave pay status directly from employment with the City, in order to perform military service, shall be entitled to purchase credited service for periods of military training or military active service subiect to the following conditions: (a) An employee may purchase less but no more than the maximum amount of credited service in the pension plan to which he or she is entitled to purchase under USERRA. (b) If applicable, the employee must pay the pension plan the total amount of participant contributions for the entire time period in which the employee served in the military, in accordance with the provisions of USERRA. (c) The cost of purchasing credited service under this subsection shall be eoual to the amount of emDlovee contributions the participant would have paid had the employee remained continuously employed with the City. The City shall bear all other costs connected with recognizing such purchased credited service. The pension plan shall not assess interest for anv such Durchase of credited service. (d) A participant entitled to purchase credited service under this subsection may do so in the form of a single lump sum, installment payments as agreed to by the Board of Trustees, or by a pretax trustee -to -trustee rollover from another qualified retirement plan or account as permitted by the Internal Revenue Code. The full cost associated with the purchase of credited service must be completed within an amount of time equal to three times the length of military service, provided such amount of time shall not exceed five years. (f) Credited service purchased under this subsection shall be recognized for purposes of vesting and benefit accrual as provided by the terms of the pension plan. Section 4: That Section 16-223(2) of Chapter 16, Article III, Division 4, of the City of Tamarac Code of Ordinances, be and is hereby amended to read as follows: Section 16-223. — Optional benefits. CODING: Words in StFUGk through -type are deletions from existing law; Words in underscored type are additions Temp. Ord. #2360 August 29, 2017 Page 4 of 6 Optional benefits are: (2) Any other actuarially equivalent benefit approved by the board of trustees; provided, in the board of trustee's sole discretion, such benefit does not have a negative financial impact or consequence to the pension plan. Section 5: That Section 16-227(c)(1) of Chapter 16, Article III, Division 4, of the City of Tamarac Code of Ordinances, be and is hereby amended to read as follows: Section 16-227 — Right to disability benefits. (c) Nonservice-connected. A nonservice-connected disability benefit shall be payable if a participant: With two (2) but loss khan ten (10) vesting credits has suffered a nonservice-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 SS9 or any other gainful full-time employment; Section 6: That Section 16-232(c) of Chapter 16, Article III, Division 4, of the City of Tamarac Code of Ordinances, be and is hereby amended to read as follows: Section 16-232 — Calculation of benefit amount. (c) Cost of living adjustment benefit. In any given year in which the pension plan shall recognize an actuarial gain from favorable actuarial experience, the pension plan may pay a cost of living adjustment benefit to all participants receiving a normal retirement benefit, in an amount to be established by the CODING: Words in struslt#roug#type are deletions from existing law; Words in underscored type are additions Temp. Ord. #2360 August 29, 2017 Page 5 of 6 board of trustees, which shall not exceed two (2) percent of the current retirement benefits paid or payable to participants receiving a normal retirement benefit during that specific year, and the cost of which shall not exceed the amount of the aforesaid actuarial gain. Any such cost of living adjustment shall also be payable to participants who are currently enrolled in the Deferred Retirement Option Program. Any benefit paid to participants as a cost of living adjustment benefit shall be paid to participants only during that specific year, and may not be paid to participants as an accumulation to, or in conjunction with any other benefits due to participants during any prior or subsequent annual period. Section 7 : It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered, and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 8 : All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 9 : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 10: This Ordinance shall become effective upon adoption and satisfaction of each of the following three requirements set forth below having been CODING: Words in struck -through -type are deletions from existing law; Words in underscored type are additions Temp. Ord. #2360 August 29, 2017 Page 6 of 6 achieved prior to second reading: (a) The City Commission received and has accepted a report establishing the actuarial soundness of these amendments in a letter of opinion from the Plan Actuary that the amendment has no actuarial impact; and (b) The Ordinance and impact statement have been sent to the State of Florida Division of Retirement; and (c) The Federation of Public Employees has accepted the changes proposed in this ordinance in writing. PASSED, FIRST READING this 13 day of � ��-��- 2017. PASSED, SECOND READING this ATTEST: 1 PATRICIA TF_UFEL, CMC CITY CLERK J I HEREBY CERTIFY that I have approved this ORDINANCE as to form SAMUEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: 1st Reading MAYOR DRESSLER C 4 DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ .s DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO RECORD OF COMMISSION VOTE: 2nd Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO CODING: Words in type are deletions from existing law; Words in underscored type are additions E EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TAMARAC AND THE FEDERATION OF PUBLIC EMPLOYEES This Memorandum of Understanding is entered into between the CITY OF TAMARAC (the 'CITY") and the FEDERATION OF PUBLIC EMPLOYEES (the "FPE") for the purpose of modifying an existing Collective Bargaining Agreement between the CITY and the FPE: WHEREAS, the CITY and the FPE have entered into a Collective Bargaining Agreement, the term of which expires September 30, 2017 ("Agreement"); and WHEREAS, the CITY and the FPE agree that it is necessary to modify the City of Tamarac's General Employee Pension Plan ("the Plan") to incorporate language which clarifies the City's obligation under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to recognize credited service for eligible employees returning from active military service and reentering the Plan; WHEREAS, the CITY and the FPE agree that it is necessary to modify the Plan to afford participants, who left the employ of the CITY and are subsequently re -hired, with the option to purchase prior service; WHEREAS, the CITY and the FPE agree that it is necessary to modify the Plan to preclude the selection of any actuarially equivalent benefit, which poses a negative financial impact to the soundness of the Plan; WHEREAS, the CITY and the FPE agree that it is necessary to modify the Plan to incorporate language to clarify eligibility for a non -service connected disability pension after two (2) or more years of service within the City; WHEREAS, the CITY and the FPE agree that it is necessary to modify the Plan to incorporate language to provide a Cost of Living Adjustment to employees in the Deferred Retired Option Program; and, WHEREAS, the CITY plans to adopt Temporary Ordinance 2360 on AUGUST 3, 2017 amending the Pension Ordinance; and WHEREAS, the CITY has an Actuarial Impact Statement from Southern Actuarial Services indicating that the proposed language changes have no actuarial impact on the Plan, attached hereto as Exhibit 1. NOW THEREFORE, the parties agree as follows: 1. The foregoing whereas clauses are true and correct. 2. The CITY and the FPE agree that the language in the foregoing whereas clauses will be incorporated in the City's Pension Ordinance, and 3. The Memorandum of Understanding shall be effective June � 2017. 4. All other terms of the Collective Bargaining Agreement expiring September 30, 2017, are binding except where expressly modified herein or hereinafter by the CITY and the FPE. ATTE M 7f WA W1 - 1 -5 1 eulel, CMC,ft� Clerk APPROVED C3AS4� , tAL FORM. 0 — (fffNRA-koN.OF PUBLIC EMPLOYEES jiq7 fiver ale, FIDE Business Representative Date (",- Alan Eichenbaum, FPE Attorney Office of the City Attorney 00\11 I hill 0:: 'brb LL I Iow\ EXHIBIT B POST OFFI(I Box 888W SOUTURN VE, t') HUMAN IRFSOURCES ATLANTA, GEOR61A 30356-03y3 A(TUARIAL TILIPRONI RO,39ZA80 17 JUL —5 PM 1: 42 FACSIMILE P039ZA93 °—- SLRVI(IS June 28, 2017 Trustees of the City of Tamarac Employees' Pension Fund c/o Ms. Maria Swanson Director of Personnel City of Tamarac 7525 N.W. 88hAvenue Tamarac, FL 33321-2401 Re: City of Tamarac EMployees' Pension Plan Ladies and Gentlemen: In response to your request, I have reviewed Temporary Ordinance No. 2360. This ordinance makes several technical corrections and clarifications to the current plan language. Therefore., we have determined that the ordinance will have no actuarial impact on the plan. If you have any questions, please do not hesitate to call me. Sincerely, Charles T. Carr Consulting Actuary OUR 0111(t IS LOCATED AT 52A JOPENA BOULEVARD, 65011 ON, G[ORGIA 30548