38-83ORDINANCE NO. 38 -83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, 'AMENDING' CHAPTER 18, "PENSIONS AND
RETIREMENT ", ARTICLE III, "PENSIONS FOR POLICE AND FIRE-
MEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 18 -46, "DEFINITIONS ",
BY REPEALING SUBSECTION (8), "CONTINUOUS SERVICE ", AND
ENACTING A NEW SUBSECTION (8), "CONTINUOUS SERVICE",
CONTAINING PROVISIONS PERMITTING REEMPLOYED MEMBERS TO
BUY BACK PREVIOUS TIME AND SERVICE; PROVIDING FOR CER-
TAIN RETROACTIVE APPLICATION OF SUCH AMENDMENT;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 18- 46(8), "CONTINUOUS SERVICE ", of the Code of
Ordinances of-t-h--e—City of Delray Beach, Florida, is hereby repealed, and a new Section
18- 46(8), "CONTINUOUS SERVICE ", is hereby enacted to read as follows:
(8) CONTINUOUS SERVICE means uninterrupted service by a
member (expressed as years and completed months) from the
date he last entered employment as an employee until the date
his employment shall be terminated by death, disability, retire-
ment, resignation, or discharge.
Provided, however, the continuous service of any member shall
not be deemed to be interrupted by:
(a) Any authorized leave of absence or vacation, provided
that all members similarly situated in similar circumstances
shall be treated alike pursuant to uniform, nondiscrimina-
tory rules.
(b) Any service, voluntary or involuntary in the armed forces
of the United States, provided the member is legally
entitled to reemployment under the provisions of the
Universal Training and Service Act, and any amendments
thereto, or any law applicable to such reemployment, and
provided further, that said member shall apply for reem-
ployment within three (3) months following termination of
such service. However, provided further, no credit for
benefit eligibility or computation purposes under the
system shall be allowed for any such period of leave of
absence or military service. Nothing of the aforemen-
tioned shall serve to reduce the accrued accredited ser-
vices of the members on the effective date of the plan.
Provided further that continuous service shall also include, for
reemployed members, those years and completed months for
which the reemployed member had withdrawn his contributions
to the fund, where said reemployed member repays into the
fund the contributions he had withdrawn, with interest based
upon the plan's annual total rate of return for the pension
funds, as computed by the actuaries and /or the City, for
those years and completed months, within ninety (90) days
after his reemployment date. Such reemployed member may
also repay only a portion of such withdrawn funds with
interest and receive a like credit for continuous service;
however, such repayments, either partial or total shall only be
permitted once within the ninety (90) day limit.
Section 2. That the provisions set forth in this Ordinance regarding permit-
ting reemployed members to buy back previous time and service shall also be made
applicable to and may be exercised by current employees who qualify, for sixty (60)
days subsequent to the effective date of this Ordinance, provided said member repays
into the fund the contributions he had withdrawn, with interest computed in accordance
with new Section 18 -46(8) to the date such repayment is made.
Section 3. That should any section or provision of this ordinance or any
portion ther —eo ny paragraph, sentence, or word be 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 thereof other than the part declared to be invalid.
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 14th day of June , 1983.
ATTEST:
city erk
First Reading May 24, 1983
Second Reading June 14, 1983
—Run
2 ORD. NO. 38 -83