Ord 18-08~..
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ORDINANCE NO. 18-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 33.65, "ADMINISTRATION", TO ALLOW THE MAYOR TO
DESIGNATE THE ASSISTANT CITY MANAGER TO SERVE ON THE BOARD
OF TRUSTEES IN LIEU OF THE MAYOR; AMENDING SECTION 33.685,
"DEFERRED RETIREMENT OPTION PLAN", TO PROVIDE FOR PAYMENT
OF DROP BENEFITS IN MONTHLY INSTALLMENTS AT THE MEMBER'S
ELECTION; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS
CLAUSE; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the
Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.65,
"Administxadon", to read as follows:
Sec. 33.65. ADMINISTRATION.
(A) The general administration and responsibility for the proper operation of the retirement
system and for making effective the provisions of this subchapter are vested in a Board of Trustees
consisting of nine (9) persons as follows:
(1) The Mayox• .or upon the Mayor's designation. the Assistant Ci4y Managg~;
(2) Two (2) public members to be appointed by Ciry Commission as hereinafter provided;
(3) The Fire Chief or, in the event of the Fixe Chiefs tetmuiadon of participation in the system,
a firefighter designated by the Fire Chief;
(4) The Police Chief or, in the event of the Police Chiefs termination of participation in the
system, a police officer designated by the Police Chief;
(5) Two (2) members of the Fire Department to be elected as hereinafter provided;
(6) Two (2) members of the Police Department to be elected as hereinafter provided.
Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the
Code of Ordinances of the City of Dekay Beach is hereby amended by amending Section 33.65,
"Deferred Retirement Option Plan", to read as follows:
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Sec. 33.685. DEFERRED RETIREMENT OPTION PLAN.
(F) At the conclusion of the employee's participation in the Deferred Retirement Option Plan,
and as a condition of participating in such plan, the employee will retire and terminate City employment.
The employee will thereafter receive a normal retirement benefit calculated in accordance with Subsection
33.62(B) based on average monthly earnings and continuous service as of the effective date of the
employee's election to participate in the Deferred Retirement Option Plan. The employee's Deferred
Retirement Option Plan account will thereafter be distributed to the employee in a cash lump sum, unless
the employee elects an alternative distribution as described below:
(1) Payments in approximately equal monthly. quarterly or annual installments over a period
designated by the employee, not to exceed the life expectancy of the employee or the joint
life expectancy of the employee and the employee's designated beneficiary. In the event
that the employee dies before all installments have been paid, the remaining balance in the
employee's Deferred Retirement Option Plan account shall be paid in an immediate cash
lump sum to the employee's designated beneficiary.
(2) The purchase of a nonfoxfeitable fixed annuity payable in such form as the employee
may elect. Elections under this Subsection (2) shall be in writing and shall be made in such
time ox manner as the Board of Trustees shall determine. If the annuity form selected is
not a qualified joint and fifty (50) percent survivor annuity with the employee's spouse as
the beneficiary, the annuity payable to the employee and thereafter to the employee's
beneficiary shall be subject to the incidental death benefit rule as described in section
401(a)9g of the Internal Revenue Code and applicable regulations.
Section 3. That all ordinances ox parts of ordinances in conflict herewith be, and the same
axe hereby repealed.
Section 4• That if any section, subsection, paragraph, sentence ox word ox other provision of
this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a
court of competent jurisdiction to be invalid ox unconstitutional, such decision shall not affect the validity
of any other section, subsection, paragraph, sentence ox word ox provision or its application to other
persons ox circumstances and shall not affect the validity of the remainder hereof as a whole ox part
thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second and
final reading.
ORD NO. 18-08
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,~
PASSED AND ADOPTED in regular session on second and final wading on this 1~`day of
April, 2008.
~,~Q ~~
ATTEST:
MAYOR
~~~~ ~. ~~
City Clerk
First Readin ~ ~~ ~~
Second Reading ~ ~~
ORD NO. 18-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 21, 2008
SUBJECT: AGENDA ITEM 10 E -REGULAR COMMISSION MEETING OF APRIL 1, 2008
ORDINANCE NO. 18-08
ITEM BEFORE COMMISSION
This ordinance is before Commission amending Chapter 33, "Police and Fire Departments",
Subheading "Pensions", of the Code of Ordinances by amending Section 33.65, "Administration", to
allow the Mayor to designate the Assistant City Manager to serve on the Board of Trustees in lieu of the
Mayor; and amending Section 33.685, "Deferred Retirement Option Plan", to provide for payment of
DROP benefits in monthly installments at the member's election.
BACKGROUND
At the first reading on March 18, 2008, the Commission passed Ordinance No. 18-08.
Recommend approval of Ordinance No. 18-08 on second and final reading.
ORDINANCE NO. 18-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 33.65, "ADMINISTRATION", TO
ALLOW THE MAYOR TO DESIGNATE THE ASSISTANT
CITY MANAGER TO SERVE ON THE BOARD OF
TRUSTEES IN LIEU OF THE MAYOR; AMENDING
SECTION 33.685, "DEFERRED RETIREMENT OPTION
PLAN", TO PROVIDE FOR PAYMENT OF DROP
BENEFITS IN MONTHLY INSTALLMENTS AT THE
MEMBER'S ELECTION; A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY
OF THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.65, "ADMINISTRATION", to read as follows:
Sec. 33.65. ADMINISTRATION.
(A) The general administration and responsibility for the proper operation of the
retirement system and for making effective the provisions of this subchapter are vested in a
Board of Trustees consisting of nine (9) persons as follows:
(1) The Mayor; or upon the Mayor's designation, the Assistant Citv Manager;
(2) Two (2) public members to be appointed by City Commission as hereinafter
provided;
(3) The Fire Chief or, in the event of the Fire Chiefs termination of participation in the
system, a firefighter designated by the Fire Chief;
(4) The Police Chief or, in the event of the Police Chiefs temunation of participation in
the system, a police officer designated by the Police Chief;
(5) Two (2) members of the Fire Department to be elected as hereinafter provided;
(6) Two (2) members of the Police Department to be elected as hereinafter provided.
Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.65, "DEFERRED RETIREMENT OPTION PLAN", to read as follows:
Sec. 33.685. DEFERRED RETIREMENT OPTION PLAN.
(F) At the conclusion of the employee's participation in the Deferred Retirement Option
Plan, and as a condition of participating in such plan, the employee will retire and terminate City
employment. The employee will thereafter receive a normal retirement benefit calculated in
accordance with Subsection 33.62(B) based on average monthly earnings and continuous service
as of the effective date of the employee's election to participate in the Deferred Retirement
Option Plan. The employee's Deferred Retirement Option Plan account will thereafter be
distributed to the employee in a cash lump sum, unless the employee elects an alternative
distribution as described below:
(1) Payments in approximately equal monthly, quarterly or annual installments over a
period designated by the employee, not to exceed the life expectancy of the
employee or the joint life expectancy of the employee and the employee's
designated beneficiary. In the event that the employee dies before all installments
have been paid, the remaining balance in the employee's Deferred Retirement
Option Plan account shall be paid in an immediate cash lump sum to the
employee's designated beneficiary.
(2) The purchase of a nonforfeitable fixed annuity payable in such form as the
employee may elect. Elections under this Subsection (2) shall be in writing and
shall be made in such time or manner as the Boazd of Trustees shall determine. If
the annuity form selected is not a qualified joint and fifty (50) percent survivor
annuity with the employee's spouse as the beneficiary, the annuity payable to the
employee and thereafter to the employee's beneficiary shall be subject to the
incidental death benefit rule as described in section 401(a)9g of the Internal
Revenue Code and applicable regulations.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 4. That if any section, subsection, pazagraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or
circumstance, be declazed by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, pazagraph, sentence or
word or provision or its application to other persons or circumstances and shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
2
Section 5. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
day of , 2008.
ATTEST:
City Clerk
First Reading
MAYOR
Second Reading
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Susan A. Ruby, City Attorney
DATE: March 11, 2008
SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF MARCH 18 2008
ORDINANCE 18-08
ITEM BEFORE COMMISSION
Ordinance 18-08 provides that the Mayor may designate an Assistant City Manager to serve on the
police/fire pension board in lieu of the Mayor. The ordinance also provides for monthly distributions to
the DROP plan participants.
BACKGROUND
This ordinance allows more discretion on who can serve on the board. The ordinance
also adds monthly distributions to the available options for receiving DROP distributions. The current
code allows for distribution of DROP benefits by quarterly, annnual, or lump sum payments or the
purchase of an annuity.
RECOMMENDATION
The City Attorney recommends approval of Ordinance No. 18-08.
ORDINANCE NO. 18-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.65,
"ADMINISTRATION", TO ALLOW THE MAYOR TO
DESIGNATE THE ASSISTANT CITY MANAGER TO
SERVE ON THE BOARD OF TRUSTEES IN LIEU OF
THE MAYOR; AMENDING SECTION 33.685,
"DEFERRED RETIREMENT OPTION PLAN", TO
PROVIDE FOR PAYMENT OF DROP BENEFITS IN
MONTHLY INSTALLMENTS AT THE MEMBER'S
ELECTION; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.65, "ADMINISTRATION", to read as follows:
Sec. 33.65. ADMINISTRATION.
(A) The general administration and responsibility for the proper operation of the
retirement system and for making effective the provisions of this subchapter are vested in a
Board of Trustees consisting of nine (9) persons as follows:
(1) The Mayor or upon the Mavor's designation, the Assistant City Manager;
(2) Two (2) public members to be appointed by City Commission as hereinafter
provided;
(3) The Fire Chief or, in the event of the Fire Chiefs termination of participation in the
system, a firefighter designated by the Fire Chief;
(4) The Police Chief or, in the event of the Police Chiefs termination of participation in
the system, a police officer designated by the Police Chief;
(5) Two (2) members of the Fire Department to be elected as hereinafter provided;
(6) Two (2) members of the Police Department to be elected as hereinafter provided.
Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.65, "DEFERRED RETIREMENT OPTION PLAN", to read as follows:
Sec. 33.685. DEFERRED RETIREMENT OPTION PLAN.
(F) At the conclusion of the employee's participation in the Deferred Retirement Option
Plan, and as a condition of participating in such plan, the employee will retire and terminate City
employment. The employee will thereafter receive a normal retirement benefit calculated in
accordance with Subsection 33.62(B) based on average monthly earnings and continuous service
as of the effective date of the employee's election to participate in the Deferred Retirement
Option Plan. The employee's Deferred Retirement Option Plan account will thereafter be
distributed to the employee in a cash lump sum, unless the employee elects an alternative
distribution as described below:
(1) Payments in approximately equal monthly. quarterly or annual installments over a
period designated by the employee, not to exceed the life expectancy of the
employee or the joint life expectancy of the employee and the employee's
designated beneficiary. In the event that the employee dies before all installments
have been paid, the remaining balance in the employee's Deferred Retirement
Option Plan account shall be paid in an immediate cash lump sum to the
employee's designated beneficiary.
(2) The purchase of a nonforfeitable fixed annuity payable in such form as the
employee may elect. Elections under this Subsection (2) shall be in writing and
shall be made in such time or manner as the Boazd of Trustees shall determine. If
the annuity form selected is not a qualified joint and fifty (50) percent survivor
annuity with the employee's spouse as the beneficiary, the annuity payable to the
employee and thereafter to the employee's beneficiary shall be subject to the
incidental death benefit rule as described in section 401(a)9g of the Internal
Revenue Code and applicable regulations.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 4. That if any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or
circumstance, be declazed by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, pazagraph, sentence or
word or provision or its application to other persons or circumstances and shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
2
Section 5. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 2008.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
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4 PUBLIC HFARWG wN be heM on
Ne MAOwirg W prtinancea M
3:00 p.m. on TUESDAY, APRIL 1,
2008 a at anY cominuatlon of wch
meeting which is eel by the
Dammlavmi), M Bm City Canmissbn
dYUnbms, 100 N.W. 3Q Awxue, pel-
my Beech, FlprMe, M whkn Bme tlw
City GNnmisaian will conaWer Meir
e9oplion. Tha prpposetl oNinences
may Ee Napmetl et Me Ohlro al Me
Cily Geh M City Hell, 100 N.W. 1M
Avenue, Delray Beech, Flprlne, ba-
tAeen tlw horn d BW e.m. erM 5:00
plMeys. All imereaMtl pmeas ae pr
metl m anenaantl ro nears w8h re-
gegb Me PrpPo~ oNinmwes.
ORDINANCE Na 15d8
W ORDINANCE OF 1HE Cltt COM-
MISSION OF THE CRV OF DELRAY
3EACH, FLORIDA, AMENDING
DHAPTER 33, 'POLICE AND FIRE
DEPARTMENTS', SUBHEADING
PENSIONS', OF THE CODE OF OR-
DINANCES OF THE CRY OF OEL
RAV BEACH, BV AMENDING SEG
iION 33.62, 'BENEFIT AMOUNTS
AND ELIGIBILITY'; PROVIDING A
GENERAL flEPEALEfl CLAUSE;A
SAVINGS CLAUSE; ANO AN EF~
FECTWE DATE.
ORDNANCE NQ 1698
CODE OF ORDINANCES OF THE
CITY OF DEIflAY BEACH, BY
AMENDING SECTION 35.09),
'RETIREMENT INCOME; BASIS,
AMOUNT, ANO PAYMENT'; Pfl0-
VIOING A GENEflAI REPEALER
CLMISE;A VALIDRV CLAUSE; AND
AN EFFECIWE DATE. -
011DINANCE NQ 1608
',RAY BEACH, BY AMENDING SEC-
TION 33.85, 'ADMINISTRATIOM, TO
;ALLOW THE MAYOR TO DESIG-
iNATE THE ASSISTANT CITY MAN-
AGEfl TO SERVE ON THE BOARD
OF TRUSTEES IN LIEU OF THE
MAYOfl; AMENDING SECTION
33.885, 'DEFERRED RETIREMENT
OPTION PIAM, TO PROVIDE FOfl
PAYMENT OF DROP BENEFITS IN
MOIRHLY INSTALLMENTS AT THE
MEMBEfl'S ELECTION; PROVIDING
A GENERAL REPEALER CLAUSE;A
SAVINGS CLAUSE; AND AN EF-
FECTIVE DATE.
Pbna be aMwetl Mat 6 e person tle-
cMes to appeal arty tlenaion metle try
Me City Cammisaion with respect M
any manor cpnaitlaretl al Mese M1ear~
igs, such person may reetl M ensure
Met a varbalim rerortl indutles Ma
testimony and evitlanca upon wnicn
Me appeal is m be easetl. The City
tloas nol provide nor prepare such
raaE W~wuNM E5.2060105.
crrv DF DELIUr FEACH
cna.<IN D rvuen, cMc
Cey CNM1
PubOSh: FnEay March 21, 2008
Bom Pekn~OebeY BeecVi News