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Ord 52-05 (' " /',\ ORDINANCE NO. 52-05 AN ORDINANCE OF 1HE CIlY COMMISSION OF THE CIlY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CIlY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT', TO PROVIDE A CORRECTION TO THE LETIERING CHANGING THE (C) TO (N) AS IT PERTAINS TO AN OPTIONAL ENHANCED MULTIPLIER AND TO ENSURE THAT FORMER SECTION "C" IS IN FUlL FORCE AND EFFECT; PROVIDING A GENERAL REPEALER CLAUSE; A V ALIDIlY CLAUSE; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CIlY COMMISSION OF 1HE CIlY OF DELRA Y BEACH AS FOILOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Dekay Beach is hereby amended by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", by correcting the lettering of the subsection dealing with the "Optional Enhanced Multiplier" from (C) to (N) and providing that former Section (C) was not intended to have been repealed and has not been repealed by the mislettering, with the correction to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (C) DisabilitY Retirement and Retirement In-come. (1) Disabili!J Retirement. A participant may retire from the service of the C i t Y under the plan if he or she becomes totally and permanendy disabled, as defined in sub- section (C)(2) of this Section, on or after the effective date of this Section. This type of i retirement shall be referred to as disability retirement. (2) Total and Pennanent Disabili!J. A participant will be considered totally disabled if, in the opinion of the Retirement Committee, the participant is wholly pre-vented from engaging in any occupation for wage or profit; and a participant will be considered permanendy disabled if, in the opinion of the Committee, the participant is likely to remain so disabled continuously and permanendy from a cause other than those specified in subsection (C)(3) of this Section. (3) Disqllalifying CllIIses of Disabili!J. A participant will not be entided to receive any disability retirement income if, in the opinion of the Committee, the disability is a result of ( -, /,,\ (a) The participant's excessive or habitual use of drugs, intoxicants, or nar- cotics; (b) Injury or disease sustained by the participant while willfully and illegally participating in fights, riots, civil insurrections, or while committing a felony; (c) Injury or disease sustained by the participant while serving in any [of the] armed forces; (d) Injury or disease sustained by the participant diagnosed or discovered after the termination of city employment; (e) Injury or disease sustained by the participant while working for any-one I other than the City, and arising out of such employment; or (f) Injury or disease sustained by the participant as a result of an act of war, whether or not the act arises from a fonnally declared State of war. (4) Proof of Disability. The Committee, before approving the payment of any disability retirement income, shall require satisfactory proof, in the form of a certificate I from a duly licensed physician selected or approved by the Committee, that the partic- ipant has become disabled as provided herein. The Committee may require similar proof of the continued disability of a participant after the commencement of disability retirement income. (5) Disability retirement income. (a) MonthlY income pqyable. r (1) Seroice-Connected Disability. The benefit payable to a participant who I retires from the service of the City due to total and permanent disability arising out of and in the course of city employment shall be a monthly retirement income equal to seventy-five (75) percent of the participant's final monthly compensation at the date of disability, subject to offsets for social security and workers' compensation benefits in accordance with subsection (C)(5(a)(4) of this Section. (2) Nonservice-Connected Disability. The benefit payable to a participant who I retires from the service of the City due to total and permanent disability not arising out of and in the course of city employment, after the completion of ten (10) years of credited service, shall be an amount equal to two (2) percent of final monthly compensation at the date of disability, multiplied by the years and tenths of years of credited service, subject to a maximum monthly retirement income of fifty (50) percent of final monthly compensation, and subject to offsets for social security and workers' compensation-benefits in accordance with subsection i 2 Ord. No. 52-05 - --- --- - -- (' " /"\ (D)(5)(a)(4) of this Section. (3) [Optional Benefit.) If a participant with greater than ten (10) years of credited service is eligible to receive a nonservice disability benefit of less than fifty dollars ($50.00) per month under subsection (C)(5)(a)(2) of this Section, the participant may elect to receive an optional benefit payable commencing according to the provisions of subsection (C)(6) of this Section and subject to subsection (E) of this Section. This optional benefit will be equal to the product of "a" and "b", where "a" is the number of years and tenths of years of credited service at the date of disability, multiplied by two and one-half (2.5) percent of final monthly compensation. and "b" is the applicable actuarial reduction factor to take into account the participant's younger age and the earlier commencement of retirement income payments. If this option is elected, the benefit payable will not be subject to the provision of subsection (C)(5)(b0 of this Section, but will be payable as a normal retirement benefit would be paid pursuant to subsection (A)(2) of this Section, unless an optional form of payment is elected under subsection (E) of this Section, in which case such election will define the period of payment. (4) [Reductions In reply to: benefits.] The disability retirement income described above shall be reduced by Social Security and worker's compensation wage-loss benefits received by the participant, as follows. The reduction for Social Security benefits shall be in the amount of the primary insurance amount only. not including any family benefit. Any cost-of-living adjustments in the participant's Social Security benefits shall not serve to reduce further the disability retirement income payable from the plan. The reduction for Social Security benefits shall terminate upon the retiree's attainment of age I 65. Disability retirement income payable from the plan shall be ! reduced by workers' compensation wage-loss benefits received by the participant to the extent that such benefits, when added to the participant's disability retirement income from the plan (adjusted for Social Security benefits received, if applicable), exceed the participant's I final monthly compensation at the date of disability. Any cost of living adjustments in the participant's workers' compensation benefits shall I not serve to reduce further the disability retirement income payable from the plan. In the case of a lump sum workers' compensation settlement, the disability retirement income payable form the plan shall be adjusted as follows: (a) The amount of the lump sum settlement shall be divided by the participant's remauung life expectancy (m months). as 3 Oni. No. 52-05 (" / "'\. determined using standard actuarial tables approved by the plan actuary; (b) If the number obtained in subsection (a), above, when added to the participant's monthly disability retirement income from the plan, exceeds the participant's final monthly compensation on the date of disability, the amount of the excess shall be deducted from the participant's monthly disability retirement income from the plan, for the duration of the participant's remaining life expectancy as determined in subsection (a), above. (c) If the number obtained in subsection (a), above, when added to the participant's monthly disability retirement income from the plan does not exceed the participant's final monthly compensation on the date of disability, there shall be no reduction of the participant's disability retirement income from the plan. (b) N{)f'11Ia/ Retirement Income Commencing on the Cessation of Disability Retirement Income. If a participant's monthly disability retirement income from the I' plan ceases pursuant to subsection (C)(6)(c) of this Section, normal I, retirement income shall commence in accordance with this paragraph. For the purpose of this subsection, a participant's credited service shall include all periods of credited service as defined in Section 35.089 and ¡. Section 35.093 of this subchapter, and all years and tenths of years during which the participant received disability retirement income from the plan. Upon cessation of disability retirement income pursuant to subsection (C)(6)(c) of this Section, the participant shall begin receiving monthly retirement income computed in the same manner as for normal retirement in accordance with subsection (A)(l) of this Section, based upon the participant's credited service as defined in this paragraph, and projected rate of final monthly compensation (as defined in this paragraph, below). The participant's projected rate of final monthly compensation shall be determined in accordance with Section 35.089(E) of this subchapter, but based on the assumption that the participant's rate of monthly basic compensation at the date of termination of city employment due to disability would have continued without change to the date disability retirement income ceased (6) Pqyment of Disability Retirement Income. The monthly retirement income payable upon disability retirement will be payable on the first day of each month. The first payment will be made effective on the first day of the month following the ! date on which the participant's disability has existed for five (5) months, or the i date on which the participant submits a written application for disability retirement income, whichever is later. Disability retirement income will I 4 Ord. No. 52-05 I (' / "'\ continue to be paid in lieu of any other retirement income under the plan, until the earliest of the following occurrences: (a) If the participant recovers from disability, the last disability retirement income payment will be the payment will be the payment due next preceding the date of recovery. (b) If the participant dies without recovering &om disability, the last payment will be the payment due next preceding the date of death. (c) For participants who become disabled at age sixty (60) or less, disability retirement income shall cease upon the date the participant attains age sixty-five (65). For participants who become disabled after age sixty (60), disability retirement income shall cease five (5) years after the commencement of benefits. Upon the cessation of disability retirement income under this subparagraph (c), payment of normal retirement income shall commence in accordance with subparagraph (C)(5)(b) of this Section. (7) Recovery ¡rom Disability. If the Committee finds that a participant who is receiving disability retirement income is, at any time, no longer disabled as provided herein, the Committee shall direct that the retirement income be discontinued. Recovery &om disability as used herein shall mean the ability of the participant to engage in any occupation for wage or profit. However, any participant who recovers &om disability and whose disability retirement income is discontinued by the Committee and who, as of the date of termination of City employment due to disability, had completed twenty (20) years of credited service or who had both attained the age of fifty-five (55) years and completed at least fifteen (15) years of credited service shall, if not reemployed by the City, be entided to early retirement income as provided in subparagraph (B) of this Section, based on the participant's final monthly compensation and credited service as of the date of termination of city employment due to disability and upon the participant's age as of the date of recovery from disability. The amount of early retirement income payable in this circumstance shall be actuarially reduced to take into account the participant's younger age and the earlier commencement of retirement income payments as provided in subparagraph (B) of this Section. Any participant who recovers &om disability and whose disability retirement income is I discontinued by the Committee and who, as of the date of termination of city employment due to disability had completed at least five (5) years of credited 5 Ord. No. 52-05 (' /,\ service, shall if not reemployed by the City, be entided to vested deferred retirement income as provided in subparagraph (D) of this Section. (8) Reemplt(yment i?Y the Cif). If a participant recovers from disability and is reemployed by the City, the participant's city employment will be deemed to have been continuous and credited service under the plan will be granted for I the period of disability. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Dekay Beach is hereby amended by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", by correcting the lettering of the subsection dealing with the "Optional Enhanced Multiplier" from (C) to (N) and ensuring that former Section (C) was not intended to have been repealed and has not been repealed by the mislettering, with the correction to read as follows: I {G7~ Optional Enhanced Multiplier. (1) Notwithstanding any provision of the plan to the contrary, an eligible participant may elect a normal retirement benefit or early retirement benefit equal to three percent (3%) of final monthly compensation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) years. Participants electing this enhanced multiplier shall thereafter contribute three and forty-five one-hundredths percent (3.45%) of earnings to the Plan in addition to the participant contribution specified in Section 35.095, and shall receive the enhanced multiplier for future periods of credited service only. Such participants may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying into the Plan the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Such payment may be made by cash lump sum payment or by a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from an individual retirement account described in Section 408 (a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code, a qualified trust described in Section 401 (a) of the Internal Revenue Code Section or an annuity contract described in Section 403(b) of the Internal Revenue Code. (2) The election to receive the enhanced multiplier under this Section must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible participant does not elect the optional enhanced multiplier under this 6 Ord. No. 52-05 ( /'\ Section, or if an eligible participant elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (1) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. (3) For the purpose of this subsection (C), an eligible participant is any plan participant who is employed by the City on or after the effective date of this ordinance, who has not entered the DROP, and who is not a member of a certified , bargaining unit. At such time as the City and the union representing participants in a bargaining unit enter into a collective bargaining agreement that includes the optional enhanced multiplier provided in this paragraph, such participants who otherwise meet the eligibility criteria shall become eligible participants for the purpose of this subsection. Section 3. 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 4. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ~ùð ,2005. 8,ß¡ l ~ MAYOR ATTEST: - "b.n~W{)ø .J Acting City Clerk First Reading co/CY/~ Second Reading ~ / Q/.QC"'DIII) 7 Ord. No. 52-05 MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CITY MANAGER ot1 SUBJECT: AGENDA ITEM # \0 I. - REGULAR MEETING OF JDLY 19. 2005 ORDINANCE NO. 52-05 (AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS") DATE: JULY 15,2005 This ordinance is before Commission for second reading and public hearing to amend Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", Section 35.097, "Retirement Income; Basis, Amount, and Payment", of the City Code of Ordinances to adopt changes to a previously enacted ordinance that mistakenly lettered the optional enhanced multiplier as 35.097(C) instead of 35.097(N). At the first reading on July 5, 2005, the Commission passed Ordinance No. 52-05. Recommend approval of Ordinance No. 52-05 on second and final reading. S:\City Clerk\agenda rnemo\Ord\Ord 52-05 Enhanced Multipher Lettering 071905 · ~ [IT' DF DELRAY IEA[H CITY ATTORNEY'S OFFICE 2f1( '\J\\' I,: c\\T!\l E' DFLRc\Y BrACH FLORIDA 3-'444 [T:.LEI'HO'\L :'(" i2-D-:(il)()· f--\CSI\IILE "('[/27R-47."5 DELRAY BEACH Writer's Direct Line 561/243-7091 f L 0 '= t D ... DaI:II All-America City MEMORANDUM , III I! DATE June 24, 2005 1993 TO: City Commission 2001 FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 52-05 The ordinance adopts changes to a previously enacted ordinance that was mislettered. This ordinance insures that 35.097(C) is a valid paragraph that has not been repealed and reletters the optional enhanced multiplier that was mistakenly lettered 35.097(C) to 35.097(N). ~/~ SAR:ci Attachment Cc: Chevelle Nubin, City Clerk James W. Linn, Esq. , \~--F ORDINANCE NO. 52-05 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CIlY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAThfENT", TO PROVIDE A CORRECTION TO THE LETTERING CHANGING THE (C) TO (N) AS IT PERTAINS TO AN OPTIONAL ENHANCED MULTIPLIER AND TO ENSURE THAT FORMER SECTION "C" IS IN FULL FORCE AND EFFECT; PROVIDING A GENERAL REPEALER CLAUSE; A V ALIDIlY CLAUSE; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CIlY COMMISSION OF THE CIlY 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 Dekay Beach is hereby amended by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", by correcting the lettering of the subsection dealing with the "Optional Enhanced Multiplier" from (C) to (N) and providing that former Section (C) was not intended to have been repealed and has not been repealed by the mislettering, with the correction to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (C) Disability &tirement and &tirement In-come. (1) Disability &tirement. A participant may retire from the service of the C i t Y under the plan if he or she becomes totally and permanendy disabled, as defined in sub- section (C)(2) of this Section, on or after the effective date of this Section. This type of retirement shall be referred to as disability retirement. (2) Total and Permanent Disability. A participant will be considered totally disabled if, in the opinion of the Retirement Committee, the participant is wholly pre-vented from engaging in any occupation for wage or profit; and a participant will be considered permanendy disabled if, in the opinion of the Committee, the participant is likely to remain so disabled cont1l1uously and permanendy from a cause other than those specified in subsection (C)(3) of this Section. (3) Disqua/ijÿing Causes tif Disability. A participant will not be entided to receive any disability retirement income if, in the opinion of the Comnuttee, the disability is a result of (a) The participant's excessive or habitual use of drugs, intoxicants, or nar- cotics; (b) Injury or disease sustained by the participant while willfully and illegally participating in fights, riots, civil insurrections, or while committing a felony; (c) Injury or disease sustained by the participant while serving in any [of the] armed forces; (d) Injury or disease sustained by the participant diagnosed or discovered after the termination of city employment; (e) Injury or disease sustained by the participant while working for any-one other than the City, and arising out of such employment; or (f) Injury or disease sustained by the participant as a result of an act of war, whether or not the act arises from a formally declared State of war. (4) Proof of Disability. The Committee, before approving the payment of any disability retirement income, shall require satisfactory proof, in the form of a certificate from a duly licensed physician selected or approved by the Cotnmlttee, that the partic- ipant has become disabled as provided herein. The Committee may require similar proof of the continued disability of a participant after the commencement of disability retirement income. (5) Disability retirement income. (a) MonthlY income pqyab/e. (1) Service-Connected Disability. The benefit payable to a participant who retires from the service of the City due to total and permanent disability arising out of and in the course of city employment shall be a monthly retirement income equal to seventy-five (15) percent of the participant's final monthly compensation at the date of disability, subject to offsets for social security and workers' compensation benefits in accordance with subsection (C)(5(a)(4) of this Section. (2) Nonservice-Connected Disability. The benefit payable to a participant who retires from the service of the City due to total and permanent disability not arising out of and in the course of city employment, after the completion of ten (10) years of credited service, shall be an amount equal to two (2) percent of final monthly compensation at the date of disability, multiplied by the years and tenths of years of credited service, subject to a maximwn monthly retirement lncome of fifty (50) percent of final monthly compensation, and subject to offsets for social security and workers' compensation-benefits in accordance with subsection (D)(5)(a)(4) of this Section. (3) [Optional Benefit.) If a participant with greater than ten (10) years of credited service is eligible to receive a nonservice disability benefit of less than fifty dollars ($50.00) per month under subsection (C)(5)(a)(2) of this Section, the participant may elect to receive an optional benefit payable commencing according to the provisions of subsection (C)(6) of this Section and subject to subsection (E) of this Section. This optional benefit will be equal to the product of "aU and "b", where "a" is the nwnber of years and tenths of years of credited service at the date of disability, multiplied by two and one-half (2.5) percent of final 2 Ord. No. 52-05 monthly compensation, and "b" is the applicable actuarial reduction factor to take into account the participant's younger age and the earlier commencement of retirement income payments. If this option is elected, the benefit payable will not be subject to the provision of subsection (C)(5)(b0 of this Section, but will be payable as a normal retirement benefit would be paid pursuant to subsection (A)(2) of this Section, unless an optional form of payment is elected under subsection (E) of this Section, in which case such election will define the period of payment. (4) [Reductions In reply to: benefits.] The disability retirement income described above shall be reduced by Social Security and worker's compensation wage-loss benefits received by the participant, as follows. The reduction for Social Security benefits shall be in the amount of the primary insurance amount only, not including any family benefit. Any cost-of-living adjustments in the participant's Social Security benefits shall not serve to reduce further the disability retirement income payable from the plan. The reduction for Social Security benefits shall terminate upon the retiree's attainment of age 65. Disability retirement income payable from the plan shall be reduced by workers' compensation wage-loss benefits received by the participant to the extent that such benefits, when added to the participant's disability retirement income from the plan (adjusted for Social Security benefits received, if applicable), exceed the participant's final monthly compensation at the date of disability. Any cost of living adjustments in the participant's workers' compensation benefits shall not serve to reduce further the disability retirement income payable from the plan. In the case of a lump sum workers' compensation settlement, the disability retirement income payable form the plan shall be adjusted as follows: (a) The amount of the lump sum settlement shall be divided by the participant's rematrung life expectancy (in months), as determined using standard actuarial tables approved by the plan actuary; (b) If the number obtained in subsection (a), above, when added to the participant's monthly disability retirement income from the plan, exceeds the participant's final monthly compensation on the date of disability, the amount of the excess shall be deducted from the participant's monthly disability retirement income from the plan, for the duration of the participant's remaining life expectancy as determined in subsection (a), above. 3 Oed. No. 52-05 (c) If the number obtained in subsection (a), above, when added to the participant's monthly disability retirement income from the plan does not exceed the participant's final monthly compensation on the date of dIsability, there shall be no reduction of the participant's disability retirement income from the plan. (b) Normal &tirement Income Commencing on the Cessation of Disability &tirement Income. If a participant's monthly disability retirement income from the plan ceases pursuant to subsection (C)(6)(c) of this Section, normal retirement income shall commence in accordance with this paragraph. For the purpose of this subsection, a participant's credited service shall include all periods of credited service as defined in Section 35.089 and Section 35.093 of this subchapter, and all years and tenths of years during wmch the participant received disability retirement income from the plan. Upon cessation of disability retirement income pursuant to subsection (C)(6)(c) of this Section, the participant shall begin receiving monthly retirement income computed in the same manner as for normal retirement in accordance with subsection (A)(l) of this Section, based upon the participant's credited service as defined in this paragraph, and projected rate of final monthly compensation (as defined in this paragraph, below). The participant's projected rate of final monthly compensation shall be determined in accordance with Section 35.089(E) of this subchapter, but based on the assumption that the participant's rate of monthly basic compensation at the date of termination of city employment due to disability would have continued without change to the date disability retirement income ceased. (6) Pqyment of Disability &tirement Income. The monthly retirement income payable upon disability retirement will be payable on the first day of each month. The first payment will be made effective on the first day of the month following the date on which the participant's disability has existed for five (5) months, or the date on which the participant submits a written application for disability retirement income, whichever is later. Disability retirement income will continue to be paid in lieu of any other retirement income under the plan, until the earliest of the following occurrences: (a) If the participant recovers from disability, the last disability retirement income payment will be the payment will be the payment due next preceding the date of recovery. (b) If the participant dies without recovering from disability, the last payment will be the payment due next preceding the date of death. 4 Old. No. 52-05 (c) For participants who become disabled at age sixty (60) or less, disability retirement income shall cease upon the date the participant attains age sixty-five (65). For participants who become disabled after age sixty (60), disability retirement income shall cease five (5) years after the commencement of benefits. Upon the cessation of disability retirement income under this subparagraph (c), payment of normal retirement income shall commence in accordance with subparagraph (C)(S)(b) of this Section. (T) Recovery from Disability. If the Committee finds that a participant who is receiving disability retirement mcome is, at any time, no longer disabled as provided herein, the Committee shall direct that the retirement income be discontinued. Recovery from disability as used herein shall mean the ability of the parncipant to engage in any occupation for wage or profit. However, any participant who recovers from disability and whose disability retirement income is discontinued by the Committee and who, as of the date of termination of City employment due to disability, had completed twenty (20) years of credited service or who had both attained the age of fifty-five (55) years and completed at least fifteen (15) years of credited service shall, if not reemployed by the City, be entided to early retirement income as provided in subparagraph (B) of this Section, based on the participant's final monthly compensation and credited service as of the date of termination of city employment due to disability and upon the participant's age as of the date of recovery from disability. The amount of early retirement income payable in this circumstance shall be actuarially reduced to take into account the participant's younger age and the earlier commencement of retirement income payments as provided in subparagraph (B) of this Section. Any participant who recovers from disability and whose disability retirement income is discontinued by the Committee and who, as of the date of termination of city employment due to disability had completed at least five (5) years of credited service, shall if not reemployed by the City, be entided to vested deferred retirement income as provided in subparagraph (D) of this Section. (8) Reemployment É!Y the City. If a participant recovers from disability and is reemployed by the City, the participant's city employment will be deemed to have been continuous and credited service under the plan will be granted for the period of disability. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Dekay Beach is hereby amended by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", by correcting the lettering of the subsection dealing with the "Optional Enhanced Multiplier" from (C) to (N) and ensuring that former Section (C) was not intended to have been repealed and has not been repealed by the mislettering, with the correction to read as follows: 5 Ord. No. 52-05 {G1~ Optional Enhanced Multiplier. (1) Notwithstanding any provision of the plan to the contrary, an eligible participant may elect a normal retirement benefit or early retirement benefit equal to three percent (3%) of final monthly compensation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) years. Participants electing this enhanced multiplier shall thereafter contribute three and forty-five one-hundredths percent (3.45%) of earnings to the Plan in addition to the participant contribution specified in Section 35.095, and shall receive the enhanced multiplier for future periods of credited service only. Such participants may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying into the Plan the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Such payment may be made by cash lump sum payment or by a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code, a qualified trust described in Section 401 (a) of the Internal Revenue Code Section or an annuity contract described in Section 403(b) of the Internal Revenue Code. (2) The election to receive the enhanced multiplier under this Section must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible participant does not elect the optional enhanced multiplier under this Section, or if an eligible participant elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (1) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. (3) For the purpose of this subsection (C), an eligible participant is any plan participant who is employed by the City on or after the effective date of this ordinance, who has not entered the DROP, and who is not a member of a certified bargaining unit. At such time as the City and the union representing participants in a bargaining unit enter into a collective bargaining agreement that includes the optional enhanced multiplier provided in this paragraph, such participants who otherwise meet the eligibility criteria shall become eligible participants for the purpose of this subsection. Section 3. 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 invahdate the remainder hereof. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees 6 Ord. No. 52-05 immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2005. MAYOR ATTEST: Acting City Clerk First Reading Second Reading 7 OId. No. 52-05 - (~ c', Cwd 0Jtf¡1¿ i:jð"'f§, 00- . 24 Friday. July 8, 2005 - Boca RatoolDelray Beach News . www bocanews.com ~ ~1OOI-- LEGAL NOTICES I LEGAL NOTICES HtHl:lN ~ALOCAlHISIUHIGSJIE::. PursuanttoFS 2860105 PROVIDING fOR THE AMENDMEr~T OF THE "ZONING MAP OF OELRAY CITY OF DELRAY BEACH BEACH, flORIDA, APRIL 2005", PRO· Chevelle 0 Nublll VIOING A GENERAL REPEALER City CIer1< CLAUSE, A SAVING ClAUSE, AND AN . EfFECTNE DATE , PuBLISH FrnIay, July B, 2005 I Boca Raton/Delray Beach News 100 ORDINANCE NO. 51-115 Ad #123049 ANNOUNCEMENTS AN ORDINANCE Of THE CITY COM MISSION OF THE CITY OF OElRAY f-- BEACH, flORIDA, AMENDING ARTI'I CLE 6.3 "USE AND WORK IN THE ~ 100 PUBLlC'RIGHT-oF-WAY" TO ADO "SIDEWAlK CAfÉ" TO THE TITLE AND LEGAL NOTICES AMENDING SECTION 6.3.3, "SIDE· WAlK CAÆ" OF THE lAND DEVELOP· I MENT REGULATIONS, TO PROVIDE I "'" ... """"J""", fWRIIIA FOR A REV1~ED OEANmON OF SIDE. NOnCE OF PUIIJC - WAlK CAFE. AND BY AMENDING A PUBLIC HEARING will be held on tI1e ~~~¿AWcfRgr~~, ~f:m~¿ ¡ 1010wlIl fproc>osedordnallCesal7;OO SECTION 633(1) AND 633(J) I pm onì\JESDAY,JULY 19, 2005 or ADDING STANDAAOS FOR DENIAL. at any conIJI1uaOOn 01 such meeting SUSPENSION, REVOCATION, OR wllIchisselbytl1eCommlssoon).1ntl1e APPEALS AND CLARIFW~G THE CltyComrl1lssoon ChamlJeffi, 100 N W JURISDICTION OF THE CODE I 1st Ave....., Del'}')' Beach, FIotida, at ENFORCEMENT BOARD, PROVIDING which bme the City CommISSlOfl wilt A SAVING ClAUSE, A GENERAL oof1Slder \IIetr adopbon The proposed REPEALER ClAUSE, AND AN EFÆC. ordmances may be tnspected at llie TlVE DATE OffICe 011he Ctty Cieri< at CIty Hall, 100 ~t~~:'hOu~8~in A~ ORDINANCE NO. 52-05 ~h~~'= ~n::, :~~~~~E&n;jE~Ÿ are IIMIed 10 attend and be heard - BEACH, FLORIDA. AMENDING CHAP. 'I respe<l1o tI1e proposed ordinances. TER 35, "EMPLOYEE POUClES AND BENEATS", SUBHEADING "RETIRE- ORO_NO 49-«; MENT PlAN",OfTHECOOE OFORDI· ' NANCES OF THE CITY Of DELRAY AN ORDINANCE OF THE CITY COM- BEACH, flORIDA, BY AMENDING MISSION OF THE CITY Of DELRAY SECTION 35097, "RETIREMENT BEACH, FlORIDA, AMENDING THE INCOME; BASIS, AMOUNT, AND PAY- lAND DEVELOPMCNT REGUlATIONS MENr' TO PROVIDE A CORRECTION OF THE CODE OF ORDINANCES, BY TO THE lETTERING ŒlANGING THE AMENDING SECTION 2 4 3\~¡, (C) m (N) AS IT PERTAINS TO AN ~O~~~CA~~~~Ó ~~ENSU~FO'1:Ii~~ I PROVIDE FOR AN INCREASE IN THE TlON "C" IS IN FUll FORCE AND DEVElOPMENT APPUCATlON ÆES, EFFECT PROVIDING A GENERAL PROVIDING A SAVING CI.AUSE, A REPEALER ClAUSE, A VALlDllY GENERAL REPEALER ClAUSE, ANO CLAUSE, AND N ElfECTIVE DATE AN EfFEC1lVE DATE Please be advised that rt a porron ORDINANCE NO 5O-Ð5 decides 10 appeal any decision made by1he CIty COmmissIon _ respect 10 N ORDINANCE Of THE CITY COM· any matter COf1S1dered at lliese hear- MISSION OF THE CITY OF DELAAY 'ngs such PO""'" may need 10 ensure BEACH, FlORIDA, DESIGNATING THE thai a verbatim record mcludes 1I1e Ios- SEWELL C BIGGS HOUSE LOCATED bmony and _nee upon whICh Ihe AT 212 SEABREEZE AVENUE, AS appeal IS to be based The CItv <toes MORE PAR1lCUlAR...... 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