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City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #:15-181,Version:1
TO: Mayor and Commissioners
FROM: Noel Pfeffer, City Attorney
DATE:November 3, 2015
ORDINANCE NO. 29-15 (FIRST READING): AMENDMENT TO POLICE AND FIRE PENSION PLAN
WITH REGARD TO REHIRE OF RETIRED EMPLOYEES
Recommend Action:
Commission discretion
Background:
TheCityCommission,byconsensus,requestedthattheCitydevelopapolicythatwouldallowforthe
rehiring,inlimitedcircumstances,ofretiredCityemployeesreceivingCitypensiondistributions.This
issuerecentlycametolightwithrespecttoadesiretorehire,onaparttimebasis,retiredpolice
officers with specialized skills and experience based on their long service record.
ThisissueisnotuniquetoDelrayBeachandaffectsalllocalgovernments.In2011,theIRSreleased
aPrivateLetterRulinginresponsetothecommonpracticeofgovernmentsimmediatelyrehiringits
retiredemployeeswhoarealsoreceivingpensiondistributions.TheIRSrulingheldthatifboththe
employerandemployeeknowatthetimeofretirementthattheemployeewill,withreasonable
certainty,continuetoperformservicesfortheemployer,aseparationfromemploymenthasnot
occurredandtheemployeehasnotlegitimatelyretired.Thisrulingcausedgreatconcernamong
localgovernmentsbecauseviolationofIRSrulescouldresultinthedisqualificationofthepension
plan.
InresponsetothisIRSruling,localgovernmentshaveadoptedpoliciesthatrequireaminimumbreak
inservicefollowingabonafideretirementandterminationofservices.ACitymayrehireitsretired
employeesandprovidearetirementdistributiontotherehiredretireeifabonafideretirementhas
occurred.Forexample,theFloridaRetirementServiceestablishedaonemonthbreakinservice
followingterminationofemploymentbeforereemploymentwithaFRSagency(FRSnowrequiresa6
month break in service).
Accordingly,theCityAttorney’sofficetogetherwiththeCity’sspecialpensioncounselhaveprepared
anordinanceaddressingthisissuebyamendingthePoliceandFire-RescueDepartmentspension
plan.TheordinanceprovidesthataretiredCityemployeereceivingretirementincomemustceaseall
Cityemploymentforaperiodofatleast30days.Also,theremustbenoagreementfor
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File #:15-181,Version:1
reemployment prior to the member’s retirement.
Itshouldalsobenotedthattheordinancepreventsanemployeefromvestingasecondpensionwith
thesameplan.Forthisreason,anemployeemayonlyberehiredonaparttimebasisifheorshewill
becoveredbythesameplanfromwhichheorsheretired.Forexample,aretiredpoliceorfire
rescueemployeemayonlyworkparttimeinapositioncoveredbythepoliceandfirerescueplan,but
mayworkfulltimeinapositioncoveredbythegeneralemployeeplan.Theconverseappliesto
retired members of the General Employee pension plan.
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Order # - 3733161
CITY OF DELAAY BEACH, FLORIDA
.
NOTICE OF PUBLIC HEARING
SUN-SENTINEL
A PUBLIC HEARING will be held On the fol-
-
lowing proposed ordinRnces on TUESDAY,
- Published Daly
IN 17, 2015 at 7:00 p,fn..or at
Fort Lauderdale, Broward County, Florida
any contiDttoo of such meeting which
is Sec bytheuacommission), In the Cum-
Boca Raton, Palm Beach County, Florida
mission Chambers, 100 N.W. 1st AveoUe.
Delray Eeach. Florida, atwhich Time the
Miami, Miami-Dade County, Florida
City Commission wiA Consider their adop-
tion The proposed ordinance may he
Inspected at the 01 of the City Cal
at City Hall, 100 N.W. 1St Avenue, Delray
STATE OF FLORIDA
Beach, Fbrida, between B:oD a.m. and
5:90 p,m„ Monday through Friday, except
hoiidays, Interested Pardee are invited to
COUNTY OF: BROWARD/PALM BEACH/NIIAMI-DADE
proposed ordinance wi h respect to the
ORDINANCE N0. 22-15
Before the undersigned authority personally appeared
AN ORDINANCE OFTHE CITY CUMMIS
MARK KUZNITZ, who on oath says that he or she is a dui authorized representative of the SUN-
Y Y It
BION OF THE CRY OR DELRAY BEACH,
FLORIDA, AMENDING THE LAND PEVEL-
SEN'l lNhL, a DAILY newspaper published in BROWARDIPALM BEACII/MIAMI-DADE County,
oPMENN REGuwTREE
Florida; that the attached copy of advertisement, being a Legal Notice in:
SECTION 4,5.19, "TREE ORDINANCE".
ORDINANCE'.
SUBSECTION (C)(1), °COMPLIANCE°; SUB-
SECTION (DJ{27, "DESIGNATJON/PROTEC-
TIO N OF EXCEPTIONAL SPFCIMENTREES";
II1
The 3ttCr of 11720-Notice Of Public Meeting
SUBSECTION (DI(3), "SUBSTITUTION OFMATURE, F7(CEPTIONAi SPECIMEN TREES/
SPECIMEN TREES FOR REQUIREDPARK-
City Of Delray Beach
ING'; SUBSECHON (E)(3), "PROCEDURE"
,
SUBSECTION (E)(4J, "ISSUANCE OF PER-
Friday
MIT"; SUBSECTION (Egg)' "IMPOSITION OF
CONMT ONS"; SUBSECTION (E)(8), "PEW
11/612015
Al SUBSECTION117(3), "CLEANUP";
AND SUBSECTION {N), "PROHIBITED SPE"
TUESDAY, NOVEMBER 17, 2015 at 7:00 p.m.
GIES REM0VE0'; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
Was published in said newspaper in the issues of; Nov 06, 2015
` ORDINANCE NO, 29-15
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF DFL-
3733197
RAY BEACH, FLORIDA, BYAMENDING
CHAPTER 33 "POLICEAND FIRE-RESCUE
DEPARTMENTS"ATTITLE 3 "PENSIONS";
Affiant further says that the said SUN-SENTINEL is a newspaper published in said
AMENDING SECTION 33.67, "OTHER PR4
VISIONS", To PROVIDE FORTHE REEM-
BROWARD/PALM BEACHIMIAMT-DAD'S County, Florida, and that the said newspaper has
tYCERTAIN
PLOYMENTOFRETIRFD MEMBERS UNDER
CIRCUMSTANCES; PROVIDING -
heretofore been continuouslypublished in said BROWARD/PALM BEACHMIIAMI-DADE County,
P Y
FORSEVERAMUTY; PROVIDING FORIN.
Florida, each day and has been entered as second class matter at the post office in BROWARD
CLUSION IN THE CODE; AND PROVIDING
AN EFFECTIVE DATE-
County, Florida, for a period of one year next preceding the first publication of the attached copy of
ORDINANCE No, 30.15
advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm
AN ORDINANCE OFTHE GIT' Col
or corporation, an discount, rebate, commission or refund, for the purpose of security this
rP Y p'-�P g
- SION OFTHE CITY OF DELAAY BEACH,
FLORIDA, AMENDING CHAPTER 35, "EM-
advertisement for blication in the said newspaper.
PLOYEE POLICIES AND BENEFITS', GEN-
ERAL EMPLOYEES' RETIREMENT PLAN;
AMENDING SECTION 35.090, "AARnCIPA-
TION", TO PROVIDE FOR THE REEMPLOY-
NIENT OF RETIRED PARTICIPANTS UNDER.
_
CERTAIN CIRCUMSTANCES PROVIDING
FOR SEVERABILITY. PROVIOING FOR IN-
Signature Affiant -
CLUSION IN THE CODE; ANP PROVIDWG
of
AN EFFECTIVE DATE-
S to and subscribed before me this: November 06, 2015.
ORDINANCE NO.31-15
AN ORDINANCE OF THE CITY COMMIS-
K�
SION OFTHE CITY OF DELAAY BEACH,
Sig
FLORIDA, PROVIDING FDRA CHARTER
f-9LL O�'K
AMENDMENT BYAM€NDING ARTICLE
IV, "ADMINISTRATIVF-EXECUTIVE", BY
-�' My COMMISSil FF211904
ADDING ARTICLE IV,'ADMINISTRATIVE-
EXECUTIVE", BY ADDING SECTION 4.10,
.q,
Ekp(RE8 March 19. 2019
'INTERNAL AUDITOR APPOINTMENT,
QUALIFICATIONS, REMOVALANDCOM-
COM-
i1Yl j9F,-A-f1.1 flnnrhsNDnn�Bn-nct:
PENSATfON"AND SECTION 4.111,"DUTIES
14w, con
OF INTERNAL AUDITOR`, TO PROVIDE THE
Name of Notary, Typed, Printed, or Stamped
CITY COMMISSION WITH THE DISCRETION
TO APPOINTAN INTERNAL AUDITOR;
Personally Known (X) or PIoduced Identification
PROVIDING FOR A REFERENDUM ON THE
iS5UETO BE HELD ON MARCH 15, 2015;
PROVIDING A SAVINGS CLAUSE, GENERAL
REPEALER CLAUSE, ANDAN EFFECTIVE
DATE,
ORDINANCE NO. 32-15
AN ORDINANCE OF THE CITY CCMMIS-
SIONOFTHE CITY OF DELRAY BEACH,
FLORIDA, PROVIDING FOR A REFEREN-
DUM OF THE QUESTION OF WHETHER THE
MAJORITY OF THE QUALIFIED VOTERS OF
THE CITY VOTING IN THE PRESIDENTIAL
PREFERENCE PRIMARY ELECTION GIVE
THEIR CONSENT FORTHE REPEAL OF
_
CHAPTER 25764, LAWS OF FLORIDA,
=
WHICH CREATED THE CIVIL SERVICE CODE
FOR CITY OF DELRAY BEACH EMPLOYEES;-._
T
PROVIDING FOR A REFERENDUM ON THE
ISSUE TO BE HELD ON MARCH 15, 2016
AND PROVIDING AN EFFECTIVE DATE,
-Please be advised that Fa person decides
to appeal any decision made by the City
-
Commisslon With respeatc any matter
considered at this hearing, such person
may need to ensure that A Verbatim r e-
cord includes the testimony and evidence
upon which the appeal Is to be based.
The Clty does not provide nor prepare
such reCOFd pursuant to FS- 286.0105.
CITY OF DE-RAY BEACH
Cl D, Nubin, MMC
Cr,/ Clerk
City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #:15-261,Version:1
TO: Mayor and Commissioners
FROM: Chevelle D. Nubin, MMC, City Clerk
THROUGH: Donald B. Cooper, City Manager
DATE: November 17, 2015
ORDINANCE NO. 29-15 (SECOND READING)
Recommended Action:
Motion to Approve second and final reading of Ordinance No. 29-15
Background:
At the November 3, 2015 Regular City Commission Meeting, Ordinance No. 29-15 was approved on
First Reading.
City Attorney Review:
A Public Hearing notice was published on Friday, November 6, 2015 in the Sun Sentinel.
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