103-87 ORDINANCE NO. 103-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND
RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOYEES", OF
THE CODE OF ORDINANCES OF THE CITY OP DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 18-113(B), "BENEFIT PAYABLE IN THE EVENT OP
DEATH ON OR PRIOR TO NORMAL RETIREMENT DATE WHILE IN
SERVICE", PROVIDING THAT DEATH BENEFITS SHALL BE PAYABLE TO A
PARTICIPANT'S SPOUSE OR OTHER DESIGNATED BENEFICIARY;
PROVIDING FOR THE APPORTIONMENT OP DEATH BENEFITS PAYABLE
TO MULTIPLE BENEFICIARIES; PROVIDING A SAVINGS 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 18-113(B), "Benefit Payable in the Event of Death on or
prior to Normal Retirement Date While in Service", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(B) Benefit Payable in the Event of Death on or prior to Normal
Retirement Date While in Service:
(1) Death Benefit--service-connected death. If the service of a
participant is terminated by reason of his death, on, or prior to, his
normal retirement date, there shall be payable the following..
(a) To the spouse, or other designated beneficiary (or
beneficiaries), as the case may be, a lump-sum payment of
five thousand dollars ($5,000.00); plus
(b) To the spouse, until the earlier of his or her death or
remarriage, whichever is applicable, a monthly income equal
to seventy-five per cent (75%) of the participant's final
monthly compensation at the date of death; or to a
designated beneficiary (or beneficiaries) other than the
- spouse~ until death~ .a monthly income equal to the actuarial
equivalent of a lifetime benefit payable to the"l)artiei~)ant in
- the a~nount of seventy-five Dereent (?5%) of the ~rtieiDant's
final monthly comDensation at the date of deathi plus
'(c) For each child until he or she shall have rea~-hed the age of
eighteen (18) years and for each child from a~e eighteen (18)
until age twenty-two (22) who is a full-time student in an
accredited school, there shall be payabk an additional
monthly income equal to seven and one-half per cent
(7-1/2%) of the participant's final monthl~ compensation.
The maximum monthly income for the spot se and children
combined shall not exceed ninety per cen: (90%) of the
participant's final monthly 'compensation ?tt the date of
death. The nonstudent's monthly inuome shill terminate on
the first day of the month next preceding tt.~e earlier of the
child's death, marriage or the attainment of age eighteen
(18); the monthly income of a child who is a fuLl-time student
shall terminate on the first day of the month next preceding
the earlier of the child's death, marriage or the attainment
of age twenty-two (22). Legally adopted children shall be
eligible for a monthly income in the same manner as natural
children.
(2) Death benefit--non-service-connected death. If the service of a
participant is terminated by reason of his death on, or prior to, his
actual retirement date, there shall be payable the following:
(a) If the participant has less than one year of credited service,
a lump-sum payment of two thousand five hundred dollars
($2,500.00), payable to the spouse or other designated
beneficiary (or beneficiaries).
(b) If the participant has one year of credited service but less
than five (5) years of credited service, a lump-sum payment
of five thousand dollars ($5,000.00), payable to the spouse, or
other designated beneficiary (or beneficiaries).
(c) If the participant has five (5) or more years of credited
service, there shall be payable:
1. A lump-sum payment of five thousand dollars ($5,000.00)
payable to the spouse or other designated beneficiary (or
beneficiaries){ plus
2. To the spouse, until the earlier of%his or her death or :
remarriage, whichever is applicable, a monthly income
equal to sixty-five per cent (65%) of the participant's
normal retirement income which has accrued to the date
of death; subject to a minimum of twenty per cent (20%)
of the participant's final monthly compensation at the
date of death; or to a designated beneficiary (or
beneficiaries) other than the spouset until death~ a
._mont~y income equal to the actuarial equivalent o.f a
lifetime benefit payable to the participant in the
a-mount of sixty-five percent (65%) of the partieiDant's
normal retirement income which has accrued to the date
of death{ plus
3. For each child until he or she shall have reached the age
of eighteen (18) years and for each child from age eigh-
teen (18) until age twenty-two (22) who is a full-time
.~;tudent in an acereclited school, there shall be payable
tin additional monthly income of seven and one-half per
cent (7-1/2%) of the participant's final monthly compen-
sation. The maximum monthly income for the spouse
~.~ud children combined shall not exceed fifty per cent
_ (50%) of the participant's final monthly compensation at
the date of death. The nonstudent's monthly income
~ shall terminate on the first day of the month next
preceding the earlier of the child's death, marriage or
the attainment of age eighteen (18); the monthly income
of a child who is a full-time student shall recruit, ate on
the first day of the month next preceding the ca, liar of
the child's death, marriage or the attainment of age
twenty-two (22). Legally adopted children s~all be
eligible for a monthly income in the same mar, ncr as
natural children.
The minimum death benefit payable fo the
designated beneficiary (or beneficiaries) shall be, an
amount equal to the death benefit that would ha~e been
payable under the terms of the superseded plan bi ~ed on
the assumption that the employee had died on the effec-
tive date of this article. In the event more than one
beneficiary is designated by the partieipant, t the death
benefits provided herein shall be equally apportioned
among the beneficiaries.
The term "spouse" as used throughout this plan
shall mean the lawful wife or husband of the employee
at the time of the retirement and death of the
employee.
2 ORD. NO. 103-87
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 jurisdic-
tion 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 this ordinance should become effective immediately after its
passage on second and final reading and shall be applicable to retirees as set forth in
Section I of this ordinance.
PASSED AND ADOPTED in specia.lsession on second and final reading on this
the 22nd day of Decembe~ 1987.
MAYOR
ATTEST:
First Reading December 8, 1987
Second Reading December 22 ~ 1987
ORD. NO. 103-87