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Ord 32-08C>RDINANCE NO. 32-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "1~:ETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PA~`Iv1ENT", PROVIDING LiP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMI'LO~'MENT AND RETIRE WITHIN A GO DAY PERIOD SET BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: ection 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection {Ivl), "Early retirement Incentive", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT. (M} Early Retirement Incentive. {1) Effective October 1, 2002, an early retirement incentive program shall be provided in accordance with this Section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30} days advance notice that the early retirement incentive will be offered. The early retirement incentive program shall be voluntary for all eligible employees. (2) Employees who are one hundred {100} percent vested and within two {2} years of their earliest normal retirement date at the beginning of the plan year in which the early retirement incentive is offered shall be eligible for the early retirement incentive. In any plan year in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the early retirement incentive within sixty {GO) days following receipt of notice that the early retirement incentive is being offered. The employee's election shall be made in writing on a form provided by the City, and shall be irrevocable. {3} Eligible employees who elect the early retirement incentive shall have their retirement benefit calculated in accordance with Section 35.097{A}, based on credited service and final monthly compensation as of the last day of employment. There shall be no actuarial reduction as defined in Section 35.{}97(8}{2). Employees who elect the early retirement incentive shall immediately retire and terminate City employment. {4) Effective September 1, 2007 through September 30, 2047, any eligible employee who elects the early retirement incentive and any employee age 58 or older who elects to terminate City employment and retire on or before September 30, 2007, shall receive up to one additional year of credited service, at no cost to the employee, for the purpose of calculating the employee's normal retirement income; provided, in no event shaIl any employee's credited service exceed 30 years. Effective August 1, 240$ through September 30.2008, and eligible employee who elects the early retirement incentive and any employee age 58 or older who elects to terminate City employment and retire on or before September 30. 2408, shall receive up to one additional year of credited service. at no cost to the employee. for the purpose of calculating the employee's normal retirement income; ,provided, in no event shall any em_rr~yee's credited service exceed 30 years. {5} An employee who elects to receive the early retirement incentive under this subsection cannot also participate in the Deferred Retirement Option Plan under Section 35.114. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons ar 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 C}RD NO.32-08 Section 4. That this ordinance shall became effective immediately upon passage an second and fugal reading. PASSED AND ADC)PTED in regular session an second and final reading an this the 5th day of August, 2008. ~~ ~~ ATTEST: M A Y t~ R ,..5 ity Jerk First Reading ~ ' ~ ~ " ° $ Second Reading ~ " ~ " ~ ~ 3 C}RD NC3.32-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 31, 2008 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE N0.32-08 ITEM BEFORE COMMISSION This item is before Commission for an ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2008. BACKGROUND At the first reading on July 15, 2008, the Commission passed Ordinance No. 32-08. RECOMMENDATION Recommend approval of Ordinance No. 31-08 on second and final reading. MEMQRANI}U~ TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 11, 2008 SUBTEC"T; AGENDA ITEM 12 A -REGULAR COMMISSION MEETING OF JULY 15 2008 ORDINANCE 32-08 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 32-08 which is an amendment to the early retirement incentive in the General Employee's Pension Plan. BACKGROUND Last year, as a means to help reduce budgeted costs, the Commission amended the General Employee's Pension Plan to provide an additional incentive for early retirement. A number of employees retired and were not replaced. Others were replaced with new employees earning considerably less than the employee who retired. This year we are again seeking to make substantial budget cuts. I believe that it would help in making those cuts to again offer an early retirement incentive like we offered last year. That is the reason for bring this ordinance forward. Ordinance No. 32-08 amends Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan" by amending section 35.09'7, "Retirement Income; Basis, Amount and Payment", subsection (M}, "Early Retirement Incentive", to provide an incentive of one additional year of credited service to those eligible employees who desire to retire on ar before September 30, 2008. RECOMMENDATION Staff recommends approval of Ordinance 32-08 on first reading. ORDINANCE NO. 32-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDI]vG CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE WITHIN A 60 DAY PERIOD SET BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY 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 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection (M), "Early retirement Incentive", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT. (M) Early Retirement Incentive. (1) Effective October 1, 2002, an early retirement incentive program shall be provided in accordance with this Section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30) days advance notice that the early retirement incentive will be offered. The early retirement incentive program shall be voluntary for all eligible employees. (2) Employees who are one hundred (100) percent vested and within two (2) years of their earliest normal retirement date at the beginning of the plan year in which the early retirement incentive is offered shall be eligible for the early retirement incentive. In any plan year in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the early retirement incentive within sixty (60) days following receipt of notice that the early retirement incentive is being offered. The employee's election shall be made in writing on a form provided by the City, and shall be irrevocable. (3) Eligible employees who elect the early retirement incentive shall have their retirement benefit calculated in accordance with Section 35.097(A), based on credited service and final monthly compensation as of the last day of employment. There shall be no actuarial reduction as defined in Section 35.097(B)(2). Employees who elect the early retirement incentive shall immediately retire and terminate City employment. (4) Effective September 1, 2007 through September 30, 2007, any eligible employee who elects the early retirement incentive and any employee age 58 or older who elects to terminate City employment and retire on or before September 30, 2007, shall receive up to one additional year of credited service, at no cost to the employee, for the purpose of calculating the employee's normal retirement income; provided, in no event shall any employee's credited service exceed 30 years. Effective in 2008 and once each year thereafter, the City Commission may determine and may allow in their sole discretion a 60 day period availability in which eli ible em to ees who elect an earl retirement incentive and an employee 58 or older who elects to terminate City Employment and retire on or before the expiration of the 60 damperiod to receive one additional year of credited service, at no cost to the employee, for the purpose of calculatin t~ployees normal retirement income; provided in no event shall any employee's credited service exceed 30 years. An employee who elects to receive the early retirement incentive under this subsection cannot also participate in the Deferred Retirement Option Plan under Section 35.110. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, 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. Section 4. 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 , 2448. ATTEST: MANOR City Clerk First Reading Second Reading www.bocanews,com • Boca Raton/De{ray Beach News -Friday & Saturdayr July 25-2b, 2008 ~xxcss ~QO A-INOtiMGEMEDITS CITY OF DELRAY BEACH,FLORIDA NOTICE OF PU@L!C HEARING A PUBLIC HEARING wLl be bald cn me Ialiow;ng p,'opased ardnartces al 7:44 p.m. an TUESDAY, AUGUST 5, 2408 (or at any continuation a( such meeting which is set by. the Commisson}, in the City Commission Chambers, 100 N.W Tst Avenue, Del- ray Beach, Flodda, at whkh time (~ Gitp Commission will consider their adoption. The proposed ordinances may ba inspecAad al the OBice of the City Clerk al Ciy Hall, 140 N.W. tst Avenue, Delray Beach, Florida, be• Iwaen the twurs d 8:00 a.m. and 5:44 p,m., Morfday through Friday, e>icept hatidays. All interested parties are in- vded to atter~ and be haarc! wAh re- spect to the pressed ordinances, ORDINANCE N0.28.08 AN GRDINANDE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDF NANCES, BY AMENDING SECTION 2.2.8(D}, "DUTIES, POWERS, ANO RESPONSIBILITIES';-- SECTION 4.5.1(J}, "HISTORIC PRESERVA- TION BOARD TO ACT ON VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HtSTORtC PRESERVATION BOARD REGARDING VARIANCES SHALL BE T4 THE CITY COMM3SSION; PRO- VIDING ASAVING CLAUSE, A GEN- ERAL REPEALER CLAUSE, AND AN ORDINANCE N0.31-08 AN ORDINANCE QF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE ANO TRASH' OF THE CODE OF ORDI- NANCES BY AMENDING SECTION 51.41, "DEFINITIONS°, SECTION 51J5, °REFUSE COLLECTION RE- SERVED EXCLGSIVELY IN CITY OR ITS CONTRACTORS',`SECTiON 51.i8, °EXCEPTiONS iN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES', SEG TION 51,19, °INDUSTRtAL AND HAZ- ARDOUS WASiE DISPOSAL;", SEC-., TION S1.2D, `BUILDING MATERI• ALS", SECTION 5?.35, `CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", SECTION 5L37, `USE OF OTHER UNITS AND CONTAINERS°, TO CLARIFY CERTAIN DEFINITIIX~S AND TERMS REGARDING RECY• CLING AND ROLL•OFF GONTAIN• ERS TO PROVIDE THAT THEY ARE CONSISTENT WITH STATE LAW AND THE CITY'S FRANGHtSE AGREEMENT; AMENDING SECTON 51,-05. °CONSTRUCTIQN AND DEM• OLITI©N SITES", TO PROVIDE FOR' THE NON•EACLUSIVE COLLECTION' pF CONSTRUCTION AND DEMOLI-' TION DEBRIS AND TO PROVIDE FOR REGULATIONS GOVERNING SUCH COLLECTION: PROVIDING A SAVING CLAUSE, A GENERAL RE• PEALEfl CLAUSE, AND AN EFFEG TIVE DATE. i ORDINANCE N0.82-08 AN 4ROINANCE OF THE-CITY COM- MISSION OF THE CITY {}F DELRAY BEACH, FLORIDA, AMENOING'~.. CHAPTER 35, 'EMPLOYEES POLI- CIES AND BENEFITS`, SUBHEAD- ING °RETIREMENT PLAN", OF THE CODE~OF ORDINANCES OF THE CTfY OF DELflAY BEACH, FLORIDA, @Y AMENDING SECTION 35.097, °RETiREMENT INCOME; BASIS, AMOUNT AND PAYMENT', PROVID- ING UP TO ONE ADDITIONAL YEAR C7F CREDITED SERVICE FOR CER- TAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE WITHIN A S4 DAY PE- RiOD SET BY THE CITY COMMIS- SION; PROVIDING A GENERAL RE- PEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. Please be advised mat ii a ~rsors ~- cides to appeal eny decision made by the City Commisston w8h respea to any matte[ cans4dered ak tfrese hear- ings, swh perwn may need to ensure that a Verbatim recortl includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such reCOSd pursuant M F.S. 2B6.ota5. CITY OF DELRAY 4EAGN Chevato D. Nulain, GMC City Cled: Publish: Friday, July 25, 2448 BITS RatortDelray Beach News 7A