45-87 ORDINANCE NO. 45-87
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 OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 18-79, "ELIGIBILITY; PARTICIPA-
TION'', AND SECTION 18-80, "SERVICE", TO PROVIDE FOR THE OPTIONAL
PARTICIPATION OF DEPARTMENT HEADS IN THE PLAN AND TO
PROHIBIT A DEPARTMENT HEAD FROM RECEIVING RETIREMENT
BENEFITS WHILE ACTIVELY EMPLOYED BY THE CITY; PROVIDING A
SAVING 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 18-79, "ELIGIBILITY; PARTICIPATION", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Sec. 18-79. Eligibility; participation. The word "employee"as
used herein means any person in the regular full-time service of the
city; provided, however, that such term shall not include city council
members, the city attorney (and assistants), judge, prosecutor (and
assistants)~ department heads upon their written election not to
participate in the plan~ or any person employed for a temporary period
or for a temporary job, or whose customary employment is for less
than twenty (20) hours in any one week or for less than five (5) months
in any one calendar year. Also those firemen and policemen employed
by the city who are participants in retirement plans as provided for in
Chapters. 175 and 185 of the Florida Statutes or other applicable city
ordinances shall not become participants in the plan. The pronouns
"he," "him," and "his," used in this plan, shall also refer to similar
pronouns of the feminine gender unless otherwise qualified by the
context.
The date on which each such employee will become a partieiDant
in the plan shall be:
(a) April 23, 1984, for each employee who was a participant in the
superseded plan as of Apr'.! 22, 1974;
(b) April 23, 1974, for each other employee who was not a
participant in the superseded plan but who has completed one
year of credited service as of such date; provided, however, any
person employed by the city after January 1, 1965, but prior to
April 23, 1974, whose attained age at his date of employment
was sixty (60) years, shall not become a participant in the plan;
(e) The date after April 22, 1974, as of which each other employee
has completed one year of credited service; provided, however,
that any person employed by the city on or after April 23, 1974,
who has attained the age of fifty-five (-~5) years as of the date of
his employment shall not become a participant in the plan.
Each such employee who meets the eligibility requirements as
set forth above shall, as a condition of continued employment, make
contributions to the plan as required by section 18-93 hereof, and shall
become a participant in the plan and will 0e subject to all other
provisions in the plan beginning on such date.
Any employee who is absent from the active service of the city
on the effective date of the plan by reason of absence granted by the
city, or by reason of compulsory military service, will become a
participant hereunder as of the date of his return to active
employment.
Each participant will be retired under the plan and entitled to a
retirement income upon retirement from service with the city by
reason of his age, subject to any minimum service requirements
herein. Each such participant whose /}mplyoment is terminated
because of mental or physical disability in accordance with section 18-
112 shall be entitled to disability benefits. Upon the death of a
participant, his beneficiaries will be entitled to death benefits as
prescribed in section 18-113 hereof. Any participant whose service is
terminated for any reason other than retirement, disability retirement
or death will be entitled to benefits upon termination of service as
provided in section 18-113 hereof.
Section 2. That Section 18-80, "SERVICE", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended to read as follows:
Sec. 18-80. Service.
The term "service" means that period of continuous,
uninterrupted employment with the city from the employee's or
participant's last date of employment to the earlier of the date of
termination of his service and his normal retirement date or extended
retirement date, whichever is applicable, as herein described. Any
absence from the active service of the city, including but not limited
to absences by reason of discharge or resignation, which is not deemed
a leave of absence as defined in section 18-81 hereof, will be
considered a termination of service. Upon the written election of a
department head not to participa.te in the plan, the employment of the
department head shall be deemed terminated for the purpose of
applying the provisions of the plan. A department head who
terrain, ares his participation in this plan shall not thereafter be eligible
to receive benefits through the plan while actively employed by the
city.
Section 3. That should any section or provision of this o~dinance 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 in part thereof other than the part declared to be invalid.
.S. eetion 4. That this ordinance shall become effective tea (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 26thday of l~lay , 1987 .
Mayor
ATTEST:
First Reading May 19_, 1987
Second Reading May 26, 1987
2 Ord. No. 45-87