Ord 19-05
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ORDINANCE NO. 19-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA, BY AMENDING SECTION 35.089,
"DEFINITIONS", TO REVISE THE DEFINITION OF
"CREDITED SERVICE" TO INCLUDE CERTAIN
EMPLOYMENT WITH THE CITY AS A POLICE OFFICER OR
FIREFIGHTER FOR VESTING AND CERTAIN BENEFIT
ELIGIBILITY PURPOSES ONLY; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CI1Y OF DELRA Y
BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Deltay Beach is hereby amended by
amending section 35.089, "Definitions", to read as follows:
See.35.089. DEFINITIONS.
Credited seroice. The period of continuous City employment from the employee's most recent date of
hire to the date of termination of City employment up to a maximum of thirty (30) years, except as
otherwise provided in Section 35.093 or Section 35.094 of this subchapter, and the Uniformed
Services Employment and Reemployment Rights Act of 1994, as amended from time to time.
Credited service shall include all periods of paid leave, and unpaid leave up to and including thirty
(30) days in any calendar year. Unpaid leave in excess of thirty (30) days in any calendar year shall be
excluded from credited service, except as otherwise required by the Uniformed Services
Employment and Reemployment Rights Act of 1994, as amended from time to time.
Credited service shall also include. for purposes of vesting and determining eligibilit;y for normal
retirement only. the years and completed months of a member's full-time employment with the Cit;y
as a police officer or fire&ghter subsequent to membership in this plan. Such service shall not be
considered in determining the amount of a member's benefits under this plan.
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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 operate to invalidate the remainder hereof.
Section 3. That this ordinance shall become effective immediately upon its passage
on second and final reading.
~ PASSED AND ADOPTED in regular session on second and final reading on this the
~dayof ~'A.Q ,2005.
!M!o~
A TIEST:
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~\ 5\05
City Clerk
First Reading
Second Reading
2
()RJ). 19-05
MEMORANDUM
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t!JV1
AGENDA ITEM # \0 t> - REGULAR MEETING OF APRIL 5. 2005
ORDINANCE NO. 19-05 (AMENDING CHAPTER 35. "EMPLOYEE
POLICIES AND BENEFITS")
APRIL 1, 2005
TO:
FROM:
SUBJECT:
This ordinance is before Commission for second reading and public hearing to amend Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", Section 35.089, "Definitions", of
the City Code of Ordinances to provide for a revision in the definition of "Credited Service".
At the first reading on March 15,2005, the Commission passed Ordinance No. 19-05.
Recommend approval of Ordinance No. 19-05 on second and final reading.
S:\Gty Clerk\agenda memo Ord 19-05 General Employee Penston Plan Credtted ServIce 04 05 05
01\:
~
[IT' DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
2{)() 1\\\ hI -WE'\l'E . DELRAY BEACH. FLORID.'\, 33444
rFLf-_PHOJ\;I: 5h!:24~-:'()')¡I'I'\CSI\lIIX 561/27X--1-755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F LOR I :J A
It&8:d
All-America City
MEMORANDUM
, III I! DATE:
1993 TO:
2001
March 8, 2005
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Ordinance No. 19-05 Amending the General Employees Pension
Plan Providinq for a Revision in the Definition of Credited Service
Ordinance No. 19-05 provides that for the purpose of vesting and determining
eligibility for a normal retirement, only the time spent as a police officer or
firefighter after membership in the General Employees Pension Plan shall be
considered, but not for determining the amount of benefits under the plan.
Please place this ordinance on the March 15, 2005 City Commission agenda for
City ommi sion consideration.
Attachment
cc: Chevelle Nubin, City Clerk
Department Heads
James W. Linn, Esq.
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3/8/05
ORDINANCE NO. 19-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 35.089, "DEFINITIONS", TO REVISE THE
DEFINITION OF "CREDITED SERVICE" TO INCLUDE
CERTAIN EMPLOYMENT WITH THE CITY AS A POLICE
OFFICER OR FIREFIGHTER FOR VESTING AND CERTAIN
BENEFIT ELIGffiILITY PURPOSES ONLY; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending section 35.089, "Definitions", to read as follows:
Sec. 35.089. DEFINITIONS.
Credited service. The period of continuous City employment from the employee's most recent
date of hire to the date of termination of City employment up to a maximum of thirty (30) years,
except as otherwise provided in Section 35.093 or Section 35.094 of this subchapter, and the
Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time
to time. Credited service shall include all periods of paid leave, and unpaid leave up to and
including thirty (30) days in any calendar year. Unpaid leave in excess of thirty (30) days in any
calendar year shall be excluded from credited service, except as otherwise required by the
Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time
to time.
Credited service shall also include, for purposes of vesting and determining eligibility for normal
retirement only, the years and completed months of a member's full-time employment with the
City as a police officer or firefighter subsequent to membership in this plan. Such service shall
not be considered in determining the amount of a member's benefits under this plan.
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 operate to invalidate the remainder hereof.
Section 3. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_day of ,2005.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
2
ORD. 19-05
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26 Boca RatonIDelray Beach News - Thursday, March 241Friday. March 25. 2005 · www.bocanews.com
100
ANNOUNCEMENTS
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LEGAL NOTICES
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AN ORDINANCE Of '!HE an' COM-
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TEll 95. "EMERGENCY -.
MENT'. BY AMENDING SECTION
95.os lHROOOH 95.13 IN ORDER 10
PRIMDe AN UPIIA1BI OIIIJIIIANŒ
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MENT; PROVIDING A SAVINGS
C1.AU$E. A GENERAL REPEALER
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LEGAL NOTICES LEGAL NOTICES
AN URUINANt...'t (}t- IHt. (;IIY WM-
MISSION OF THE CIlY OF OEUIAY
BEACH. A..ORIDA, AMENDING CHAP-
TEll 35. "EMPlOYEES POlICIES AND
1lENERTS", SUIlHEAOING "RETIRE·
MENT PlAN". Of THE CODE OF ORDI-
NANCES OF THE CI1Y OF DElAAY
BEACH. FLORIDA. BY AMENDING
SECTION 35.097. "RETIREMENT
INCOME; BASIS, AMOUNT, AND PAV-
MENT', TO PROVIDE FOR AN
OI"IIOIW. ENIWICED MIlL l1PUER,
PROVIDING A GENERAL REPEALER
ClAUSE; PROVIDING A VALIDITY
ClAUSé, AND PROVIOING AN EFFEC-
TIVE DAlE _
OIIOIWICE 110 19-05
AN ÍIRoINANCE Of THE CI1Y COM-
MISSION Of '!HE CI1Y OF OEUIAY
8EACIf. A..ORIOA, ,welDING CHAP-
TEll 35. "EM/'toYEIæ POlICIES AND
IIENERTS". SUIlHEAOlHG "RETiRE-
MENT PLAN", OF THE CODE Of ORDI-
NANCES Of 'THe CI1V Of OEUIAV
BEACH, FlORIDA, BY AMENDING
SEC110N 35.oæ, ·00III1l1ONS". TO
RfVISETHE 0EAN1T1ON Of "CREDIT-
ED SERVICE" 10 INCLUDE CERTAIN
EMPlOYMENT WITH THE CI1Y AS A
POUCE OffICER OR AREAGlfTER
fOR IIES11NG AND CERTAIN BENEfIT
8JGIBIUTY PURPOSES ONLY; PR0-
VIDING A GENERAL REPEAlER
CLAUSE; PROVIDING A VAUDITY
CUWSE, AND PROVIDING AN EfÆC-
TIVE DAlE
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Pursuant to F.s 2860105 .
CITY Of OEUIAY BEACIf
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CIty CIeII<
PUBlISH: Thonday. _ 24, 21105
Boca Ra1OI>VeIray Beach NewS
Ad 1120837