Ord 31-11INANCE NO. 31 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS ", SECTION, "35.089, "DEFINITIONS ", TO
REVISE THE DEFINITION OF "NORMAL RETIREMENT DATE ";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to clarify the retirement benefits an employee would
receive if the employee terminated employment prior to October 6, 2010 and is then re- employed.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH,
FLORIDA, AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits ", Section 35.089, "Definitions ", of the
Code of Ordinances of the City of Delray Beach is hereby amended to read as follows:
Normal retirement date. For participants who retire or terminate employment with five (5) or more years
of credited service prior to October 6, 2010, and for participants who are employed on October 5, 2010 and
within ten (10) years of attaining age sixty (60) or thirty (30) years of credited service as of that date, normal
retirement date means the first day of the month coincident with or next following the date a participant attains
the age of sixty (60) and completes ten (10) years of credited service, or the date on which a participant attains
thirty (30) years of credited service, regardless of age, whichever occurs first. Effective October 6, 2010, for
participants who are employed on October 5, 2010 and not within ten (10) years of attaining age sixty (60) or
thirty (30) years of credited service as of that date, normal retirement date means the first day of the month
coincident with or next following the date a participant attains the age of sixty-two (62) and completes ten (10)
years of credited service, or the date on which a participant attains thirty (30) years of credited service,
regardless of age, whichever occurs first. The normal retirement date for participants hired on or after October
6, 2010 shall be the date a participant attains the age of sixty-five (65) and completes ten years of credited
service. A participant who terminates employment with five (5) or more years of credited service prior to
October 6 2010 does not receive a return of participant contributions in accordance with section 35.095(A).
and is subsequently reemployed in a position covered by this plan shall be entitled to receive a benefit in two
parts as follows: the vested accrued benefit based on credited service prior to October 6, 2010, payable on the
date the participant attains the age of sixty T) and completes ten (10) years of credited service. and the vested
accrued benefit based on credited service on or after October 6 2010- payable on the date the participant
attains the age of sixty -five (65) and completes ten (10) years of credited service. A participant may continue in
the employ of the City and continue to participate in the plan beyond the normal retirement date.
Notwithstanding any other provision of this paragraph, the definition of normal retirement date contained in
the first sentence of this paragraph shall continue to apply to participants who are employed in a position
included in a bargaining unit on October 5, 2010, until such time as changes to the definition are implemented
through the collective bargaining process.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage on second and final
reading. 4--
PA 'SED AND ADOPTED in regular session on second a uial reading on the Cx day of
'2011.
iev�
MAYO
ATTEST:
City Clerk
First Readin2
Second Readin
2
Ord No. 31 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: September 9, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 10.H. -REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
ORDINANCE NO. 31-11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to Chapter 35,
"Employee Policies and Benefits ", Section 35.089, "Definitions ", to revise the definition of "Normal
Retirement Date ".
BACKGROUND
At the first reading on September 6, 2011, the Commission passed Ordinance No. 31 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 3 1 -11 on second and final reading.
http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 4884 &MeetinglD =330 9/22/2011
ORDINANCE NO. 31-11
AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS ", SECTION, "35.089, "DEFINITIONS ", TO
REVISE THE DEFINITION OF "NORMAL RETIREMENT DATE ";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHE RE AS, the City Commission wishes to clarify the retirement benefits an employee mL ld
receive if the employee terminated employment prior to October 6, 2010 and is then re- employed
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits ", Section 35.089, "Definitions", of the
Code of Ordinances of the City of Delray Beach is hereby amended to read as follows:
Nornal retimm t date For participants who retire or terminate employment with five (5) or more years
of credited service prior to October 6, 2010, and for participants who are employed on October 5, 2010 and
within ten (10) years of attaining age sixty (60) or thirty (30) years of credited service as of that date, normal
retirement date means the first day of the month coincident with or next following the date a participant attains
the age of sixty (60) and completes ten (10) years of credited service, or the date on which a participant attains
thirty (30) years of credited service, regardless of age, whichever occurs first. Effective October 6, 2010, for
participants who are employed on October 5, 2010 and not within ten (10) years of attaining age sixty (60) or
thirty (30) years of credited service as of that date, normal retirement date means the first day of the month
coincident with or next following the date a participant attains the age of sixty-two (62) and completes ten (10)
years of credited service, or the date on which a participant attains thirty (30) years of credited service,
regardless of age, whichever occurs first. The normal retirement date for participants hired on or after October
6, 2010 shall be the date a participant attains the age of sixty-five (65) and completes ten years of credited
service. A participant who terminates gWloyment with five (5) or more years of credited service prior to
October 6 2010 does not receive a return of participant contributions in accordance with section 35.095(A),
and is subsequently pwjiiployW in a position covered by this plan shall be entitled to receive a benefit in two
parts as follows: the vested accred benefit based on credited service prior to October 6 2010, payable on the
date the participant attains the age of sixty (60) and completes ten (10j WAn of credited service; and the vested
accrued benefit based on credited service on or after October 6 2010 payable on the date the participant
attains the age of sixtLfive (65) and completes ten (10) Wars of credited service. A participant may continue in
the employ of the City and continue to participate in the plan beyond the normal retirement date.
Notwithstanding any other provision of this paragraph, the definition of normal retirement date contained in
the first sentence of this paragraph shall continue to apply to participants who are employed in a position
included in a bargaining unit on October 5, 2010, until such time as changes to the definition are implemented
through the collective bargaining process.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed
Section 4. That this ordinance shall become effective immecfiately upon passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2011.
ATTEST:
City Clerk
First
• N,! I MUM
2
MAYOR
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: August 29, 2011
Page 1 of I
SUBJECT: AGENDA ITEM 12.E. -REGULAR COMMISSION MEETING OF SEPTEMBER 6.2011
ORDINANCE NO. 31-11
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 31 -11 which provides for modifications to the
General Employees Pension Plan.
BACKGROUND
This ordinance is before the Commission amending Chapter 35, "Employee Policies and Benefits ",
Section 35.089, "Definitions" to provide for a revised definition of "Normal Retirement Date ". The
revision to the definition clarifies the retirement benefits an employee would receive if the employee
terminated employment prior to October 6, 2010 and is then re- employed.
REVIEW BY OTHERS
The City Attorney recommends approval of Ordinance No. 31 -11.
http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 4816 &MeetingID =328 9/9/2011
. Opbst
Beach
a s
6:
cl LRAW BEAC IDAL
'RI
A.'68. uc.. L f
. t4
ririp
respect to-1 Pro.-.
posi
ORDINANCE Ao.
AN ORDINANCE OF T49 CiTY:*C6M--_-
MISSION OFJHE`CITY OVEPELRAY.
BEACH,: FLORIDA AM046ING THE-
LAND'DWELopmNtREGULATIONS.:
OF THE CITY.OF DELRAY BEACH.--BY,
SITE PLAN.''.