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52-89 ORDINANCE NO. $2-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE. AND FI RE DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF " D~LRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION 33.61(B), "APPLICATION", SUBSECTION { 3), TO PROVIDE A 7.33% PAYROLL DEDUCTION EFFECTIVE OCTOBER 1, 1989; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (A) , "NORMAL RETIREMENT DATE" , SUB-SUBSECTION (1), TO PROVIDE THAT AN F/~PLOYEE MAY RETIRE AFTER COMPLE- TION OF 20 YEARS OF CONTINUOUS SERVICE; BY AMENDING SECTION 33.62, "BENEFIT AMO~R~TS AND ELIGIBILITY", BY DELETING SUBSECTIONS (C), "EARLY RETIREMENT DATE" AND (D), "EARLY RETIREMENT BENEFITS" AND RELETTERING THE REMAINING SUBSECTIONS; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY" , SUBSECTION (Gl , "VESTING" , SUB-SUBSEC- TION ( 1 ) (b) ( 1 ) , TO PROVIDE FOR PAYMENT OF PENSION BENEFIT~ TO EMPLOYEES W~O HAVE TERMINATED EMPLOYMENT AFTER TEN OR MORE YEARS OF CONTINUOUS SERVICE; AND BY AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSECTION {A), TO PROVIDE ?HAT MEMBERS SHALL MAKE REGULAR CONTRIBUTIONS TO THE TRUST FUND AT A RATE EQUAL TO 7.33% EFFECTIVE OCTOBER 1, 1989; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments",. "Pensions", Section 33.61, "Membership; Conditions of Eligibility; Application", Subsection (B), "Application", Sub.-~bsection (3) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, h~reby amende~ to read as follows: (3) Authorization of a 6% 7.33% payroll deduction payable to the system, effective October 1, 1989. Section 2. That Chapter 33, "Police and Fire Departments", "Pensions", Section 33.62, "Benefit Amounts and Eligibility", Subsection (A), "Normal Retirement Date", Sub-subsection (1) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: (1) A member may elect to retire on the first day of any month if coincident with or following the attainment of his fifty-second birthday and the completion of 20 years of continuous service; however, employees who are eligible to and become members of the effective date of this system shall be eligible to retire, as above, upon the attainment of their fifty-second birthday, regardless of the number of years of continuous service. Effective October 1, 1989, a member may elect to retire on the f~r~t day of any month coincident with or next following his completion of 20 years of continuous service. This provision shall not apply to an~ member who retires or terminates employment pr~o__r to October 1, 1.989. Section. 3. That Chapter 33, "Police and re Depar',unents", "Pensions", Section 33.62, "Benefit Amounts and Elxgibility", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended by deleting Subsection (C), "Early Retire- ment Date" .and Subsection (D), "Early Retirement Benefit" in their entirety and relettering the remaining subsections. Section 4. That Chapter 33, "Police and Fire Depax'tments.", "Pensions", Section 33.62, "Benefit Amounts and Eligibility", Subsection (G), "Vesting", Sub-subsection (1)(b)(1) of the Code of "' Ordi~ances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: 1. The pension benefit accrued to his date of termina- tion, payable co,~,encing ~&~e on the date which would have been his earliest normal retire- ment date had he remained in employment., provided he does not elect to withdraw his member contributions, or Section 5. That Chapter 33, "Police and Fire Departments", "Pensions", Section 33.64, "Contributions", Subsection (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: (A) Member contributions. Members of the retirement system shall make regular contributions to the trust fund at a rate equal to 6% 7.33% (6% ~rior to October 1, 1989) of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions .shall be deducted from the earnings before the same are paid, until the member has completed 30 years of continuous service at which time payments stop. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word De declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part t~ereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective ten (10) days after second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of Se' 1989 MAYOR ATTEST: First Reading August 22. 1989 Second Reading September 12, 1989 2 ORD NO. 52=89