Ord 30-05
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ORDINANCE NO. 30-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY 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 PROVIDE FOR A MEMBER WHO
DIES WITHIN THIRTY DAYS PRIOR TO ATTAINING FIVE
YEARS OF CREDITED SERVICE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, 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 m Section 35.093 or Section 35.094 of this subchapter, and the Unifonned
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 Unifonned Services
Employment and Reemployment Rights Act of 1994, as amended from time to time. The credited
service of any member whose City employment is terminated by reason of the member's death
within thirty (30) days prior to attaining five years of credited service shall be deemed to include the
period between the member's death and the date on which the member would have attained five I
!
years of credited service.
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.
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2
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, and shall apply retroactively to May 1,2005.
\ ~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ~ .2005.
)
~o; t!{ -
ATTEST:
~~.~~
City Clerk 5\~\D5
First Reading
CS\\~ \05
Second Reading
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2 Ordmance No. 30-05
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ1
SUBJECT: AGENDA ITEM # \ a c... - REGULAR MEETING OF MAY 17.2005
ORDINANCE NO. 30-05 (AMENDING CHAPTER 35. "EMPLOYEE
POLICIES AND BENEFITS")
DATE: MAY 13, 2005
This ordinance is before Commission for second reading and public hearing to amend Chapter 35,
"Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances,
Section 35.089, "Definitions", to revise the definition of "Credited Service" to provide for a member
who dies within thirty (30) days prior to attaining five (5) years of credited service.
At the first reading on May 3,2005, the Commission passed Ordinance No. 30-05.
Recommend approval of Ordinance No. 30-05 on second and final reading.
S:\Clty Clerk\agenda memo Oed 30-05 General Employee Pension Plan Credited Servtce 051705
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Message Page 1 of2
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Harden, David
From: Hamilton, Harry
Sent: Thursday, April 28, 20054:57 PM
To: Ruby, Susan; Harden, David; Safford, Joseph
Subject: RE: General Pension Plan Amendment
Given the current situation I think the change would be wonderful and I don't see it causing a future major impact
from a cost standpoint It may never happen again. H2
Harry J. Hamilton
Director, Human Resources
City of Delray Beach
100 NW. 1st Avenue
Delray Beach. Florida 33444
561-243-7084
561-243-7082 (Fax)
lli!n1l1ton@cl.de~~ach fl us
-----Original Message-----
From: Ruby, Susan
Sent: Thursday, April 28, 2005 4:49 PM
To: Harden, David; Safford, Joseph
Cc: Hamilton, Harry
Subject: FW: General Pension Plan Amendment
In response to the letter from Joe Safford regarding the issue of credited service if on should die within a
month prior to vesting or partial vesting in the pension plan, I have asked Jim Linn to prepare an
ordinance to address the matter as both he and I concur that to effectuate the intent of giving additional
credited service that an amendment to the plan is necessary. Please review and let me know what you
think. If you want to we could get this ordinance on for first reading on May3rd.
Susan A. Ruby
-----Original Message-----
From: Jim Linn [mailto:jlinn@lIw-law.com]
Sent: Thursday, April 28, 2005 3:31 PM
To: Ruby, Susan
Subject: General Pension Plan Amendment
OK - how about this?
Jim
James W. Linn
Lè"'is, Longman & Walker, P.A.
Post Office Box 10788
Tallahassee, FL 32302
(850) 222-5702
(850) 224-9242 (Facsimile)
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4/29/2005
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4/28/05
ORDmANCENO. ôO-Oé>
AN ORDmANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDmG CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADmG
"RETIREMENT PLAN", OF THE CODE OF ORDmANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDmG
SECTION 35.089, "DEFmITIONS" , TO REVISE THE
DEFmITION OF "CREDITED SERVICE" TO PROVIDE FOR A
MEMBER WHO DIES WITHIN THIRTY DAYS PRIOR TO
ATTAINmG FIVE YEARS OF CREDITED SERVICE;
PROVIDmG A GENERAL REPEALER CLAUSE; PROVIDmG
A VALIDITY CLAUSE; AND PROVIDmG AN EFFECTIVE
DATE.
NOW THEREFORE, 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, "Defmitions", 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. The credited service of any member whose City employment is terminated by reason of
the member's death within thirty (30) days prior to attaining five years of credited service shall
be deemed to include the period between the member's death and the date on which the member
would have attained five years of credited service.
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
-.~....
2
City as a police officer or firefighter subsequent to membership in this plan. Such service shall
not be considered in detennining 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, and shall apply retroactively to May 1, 2005.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2005.
MAYOR
ATTEST:
City Clerk
First Reading
---,
Second Reading
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c-c ~ êClAîú{~¿
32 Thursday, May 5/Fnday, May 6, 2005 - Boca RalDll/l)elray Beach News. www bocanews.com
~
LEGAL NOTICES
NANQS ot I Ht (,;11 Y ut- UtU\A y
BEACH. RORIDA. BY AMENOING
SECTION 35 069 "OEFINITIONS". TO
REVISE THE VEflNITION OF "CREOIT-
ED SERVICE" TO PROVlQé FOR A
MEMBER WHO OIES WITHIN THIRTY
OAYS PRIOR TO ATTAINING FIVE
YEARS OF CREDI1ED SERVICE, PRD-
100 VIO/NG A GENERAL REPEALER
ClAUSE. PROVIDING A VALlOITY
ANNOUNCEMENTS ClAUSE. ANO PROVIOlNG AN EFFEC-
TIVE OATE
~ Please be ad>llS8d thai ß a person
decides to a¡>peaI any decision made
LEGAL NOTICES by !he CIty COmmISSIon W1Ih respect to
any matter COI1SIdered at IheSe hear-
1I1QS. such person may need to ensure
CIT' Of IlURAJ BUQ\ fLU'UUIo thai a.._ record H1cIudes!he 1eS-
NOTICE OF PUIUC HEARRIG :"¡¡e'Z :::, ';'I::.t UPOTh, C':'d~
A PUBliC HEARING wi8 be held on !he not provide nor prepare such record
Pursuant to F S 286 0105
~=~~";~~~C:¡ CITY OF ORRAY BEACH
any continuation of such meeting Cheveße 0 Nubm
~~~e~:fclo"N~ City Clerk
1st Avenue. Dekay Beach. Aortda, at PUBLISH. Thur.;da~ 5. 2005
_ bme !he City CommISSIOn witl Boca Ratonil)elray Ne,.,;
~~og.boo~~ Ad 1121825
Off"", of !he CIty Cief1c at C'dy Han. 100
~W~:"'hÒu~18~.m~
~~~.:==
are _ to attend and be heanJ with
respect to !he proposed ordmances
ORIJINAHC£ NO 2HI5
AN ORDINANCE OF THE CITY COM-
MISSION Of THE CITY OF DELRAY
BEACH. RORIOA, AMENDING THE
COOE OF ORDINANCES. BY ENACT-
ING CHAPTER 59. "RECLAIMED
WAlCR". TO PROVIDE FOR GUIDE-
LINES REGARDING THE USE Of ANO
CONNECTION TO REClAIMEO
WATER AND SETT1NG RATES FOR
SUCH USE, AMENDING SECTIDN
5219. "VEGETATION WATER
METERS". TO ClARIFY THE USE Of
VEGETATION WATER METERS VER-
SUS REClAIMED WATER METERS.
PROVIDING A SAVING CLAUSE. A
GENERAL REPEAlER CLAUSE. AND
AN EFFECTIVE DATE
ORDINANCE NO 30-05
AN ORDINANCE Of THE CITY COM-
MISSION OF THE CITY OF DElRAY
BEACH. ROAlDA, AMENDING CHAP-
~~~~I~~T
MENT PlAN". OF THE CODE OF OROI-