50-89 ORDINANCE NO. 50-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, A~ENDING TITLE III, "ADmINIS-
TRATION'', CHAPTE~ 35, "E~PLOYEE POLICIES ~ND ..mENEFITS",
"RETIREME. NT PLAN", OF THE CODE OF ORDINA_~TCES OF THE
CITY OF DELRAY PEACH, FLORIDA, BY A~ENDING SECTION
35.093(G), "CREDITED SERVICE", TO ADD PROVISIONS DELEGAT-
ING AUTHORITY TO THE GENERAL E~PLOYEES RETIREi~ENT
COMMITTEE TO WAI~TE, UI~DER EXTENUATING, CII~CU~,~.STAI~?CES,
THE NINETY DAY REPAYMENT DEADLINE SET FORTH IN THIS
SECTION; PROVIDING A SAVING CLAUSE; PROVIDING A GEF?ERAL
P~EPEALER CLAUSE; PROVIDING ~.N EFFECTIVE DATE.
WHEREAS, the General Emplosrees Retirement Committee has requested that the
City Commission of the City of Delray Beach, FlOrida, enact an ordinance amendment to
delegate to said Retirement Committee the authority to waive the ninety day repayment
deadline set forth in Section 35.093(G) under etr. tenuating circumstances as determined
by the Retirement Committee; and,
WHEREAS, the City Commission deems it to be in the best interests of the
members of the General Employees Retirement Plan to enact such amendment.
NOW, THEREFOi~E, BE IT OP. DAINED BY T;~E CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLO~,'S:
Section 1. That Title III, "Administration", Chapter 35, "Employee Policies
and Benefits", "Retirement Plan", of the Code of Ordinances of the City of Delrav
Beach, Florida, be and the same is hereb?, amended by amendin~ Section 35.093(G),
"Credited Service", to read as follows:
(G) The repayment of a previous distribution ?]us interest under division
(E) of this section or the payment of emp!eyee contributions nlus interest under
division (F) of this section will be payable in a lump sum within 90 dsys after
reemployment or on or before Jul-z 1, 1985 whichever is later. However, persons who
are employees of the city as of January 16, 1985 at 5:01 p.m. may elect to pay the
amount required in installments. If this option is used, $!,000 will be due within 90
days of the date of adoption of this subchapter by the City Commission with subsequent
payments of the lesser of $1,000 or the balance due payable ever~z three months after
the initial payment. If any type of benefit pa}zment u~der the plan be~.~7ins prior to the
full pasrment of employee contributions or a previous distribution r)]~s interest, the
outstanding balance will be deducted from the benefit paymem, ts as they become due.
The Retirement Committee sh~ll have the authorit?, to waive the 90 day repayment
deadline set 'forth herein, upon a finding by the l~etirement Committee cf" e;~-tenuatin~r
~ircumst8nces upon individ, uel request which shah be submitted not later than n~ne (9)
months following the expiration of the 90 day deadline.
Section 2. That should any section or pro~,is~on of this ordinance or an~,
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not sffect th,. validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which are in co~'_flict
herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 22nd day of /%ugus~: , 1989.
~AYOR -
ATTEST:
First Reading July 25, 1989
Second l~.eading Augus. t 22, 1989
°,- O~D. NO. 50-89