Ord 57-02ORDINANCE NO. 57-02
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 DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 35.089,
"DEFINITIONS", REVISING THE DEFINITION OF
"EMPLOYEE" TO INCLUDE CERTAIN PREVIOUSLY
EXCLUDED POSITIONS; AMENDING SECTION 35.093,
"CREDITED SERVICE FOR FORMER EMPLOYEES AND
EMPLOYEES WHO WERE EXCLUDED FROM
PARTICIPATION IN THE PLAN", TO PROVIDE FOR
CERTAIN PREVIOUSLY EXCLUDED EMPLOYEES TO
PURCHASE CREDITED SERVICE UNDER THE PLAN;
AMENDING SECTION 35.097, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT", SUBSECTION (L),
"DIRECT TRANSFERS OF F.I.IGIBLE ROLLOVER
DISTRIBUTIONS", TO AI.IJOW PARTICIPANTS WHO WERE
PREVIOUSLY EXCLUDED FROM PARTICIPATION IN THE
PLAN TO MAKE A DIRECT TRANSFER OF ELIGIBLE
ROLLOVER DISTRIBUTIONS TO PURCHASE CREDITED
SERVICE UNDER THE PLAN; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the General
Employees' Retirement Plan to allow certain employees who were previously excluded from the
Plan to participate in the Plan and purchase credited service under the plan for the period of their
employment with the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY 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:
Section 35.089 DEFINITIONS.
(A) "Actuarial (actuarially) equivalence (equivalen0" means equality in value of the
aggregate amounts expected to be received under different forms of payment. Actuarial equivalent
amounts under the plan will be determined utilizing the 1983 Group Annuity Mortality Table,
blended for males and females, with interest at seven percent (7%), where the participant's age shall
be set back one year and the beneficiary's age shall be set back four years regardless of gender.
However, in the event of plan termination, actuarial equivalence will be based upon the interest and
mortality assumptions prescribed by the Pension Benefit Guaranty Corporation for plan
terminations in effect on the actual date of plan termination.
03) "Basic compensation" means the compensation actually paid to a participant by the
City, including participant contributions picked up by the City in accordance with Sec. 35.095(A)(1)
of this subchapter, and exclusive of overtime pay, commissions, bonuses, expense allowances, and
all other extraordinary compensation.
(C) "Credited service" means 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 Sec. 35.093 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 00) 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.
02)) "Employee" means any regular full-time employee of the City, except as otherwise
provided herein.
The term "employee" shall not include: City Commissioners; the City
Manager (and assistants); the City Attorney (and assistants); depaxunent heads upon their written
election not to participate in the plan; former department heads who have elected not to participate
in the plan; any person not chssified by the City as a regular, full-time employee; any participant
who retires and receives early or normal retirement benefits under the plan, is subsequently re-
employed by the City, and elects to continue receiving retirement income during the period of
employment pursuant to Sec. 35.090(E) of this subchapter; and firefLghters and police officers
employed by the City who participate in another retirement plan.
2 ORD. NO. 57-02
Effective upon the adoption of this ordinance, the term "employee" shall
include the City Manager (and assistants) upon their written election to participate in the plan; the
City Attorney (and assistants) upon their written election to participate in the plan; and department
heads who previously elected not to participate in the plan. upon their written election to participate
in the plan. An employee's written election to participate in the plan pursuant to this para~aph
must be submitted to the Retirement Committee within ninety days following adoption of this
ordinance or date of employment in a position identified in this par%eraph, whichever is later. Such
written election shall be irrevocable. Any such employee who does not submit a timely written
election to participate in the plan pursuant to this para~aph shall not participate in the plan for as
!.o. ng as he or she is employed by the City in a position identified in this paragraph.
(E) "Employment" means regn~hr, full-time employment as a City employee.
(F) "Final monthly compensation" means the total basic compensation received by a
participant during the highest paid twenty-four (24) consecutive months of the one hundred twenty
(120) months mediately preceding the termination of employment, divided by twenty-four (24).
In computing final monthly compensation for a participant who has returned to active dty
employment following an approved leave of absence, disability retirement or termination of
employment with a vested benefit, the period of leave of absence, disability retirement, or following
termination of employment shall be ignored in determining the highest paid 24 consecutive months
of the 120 months immediately preceding the subsequent termination of employment.
(G) "Normal retirement date" is the first day of the month coincident with or next
following the date a participant attains the age of 60 and completes ten years of credited service, or
the date on which a participant attains thirty (30) years of credited service, regardless of age,
whichever occurs first. A participant may continue in the employ of the city and continue to
participate in the plan beyond the normal retirement date.
0-I) "Participant" means an employee who is eligible to participate and who actually
participates in the plan.
(I) "Retirement" means either termination of City employment with mediate
entitlement to receive normal, early or disability retirement income under the plan, or entry into the
Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal
retirement income from the General Employees Retirement Plan to the DROP.
0) "Spouse" means the lawful husband or wife of an employee at the time of the
employee's retirement or death, whichever is applicable.
(IQ "Terminated Participant" means a plan partidpant with at least five (5) years of
credited service whose City employment is terminated for any reason other than death, early
retirement or disability retirement prior to the normal retirement date.
3 ORD. NO. 57-02
Section 2. 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 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND
EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN", to read
as follows:
Section 35.093 CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN.
(A) Former plan participants who have not begun to receive benefits under the plan and
who are re-employed by the city as eligible employees will be considered new employees with
credited service for all purposes calculated as such unless the former participants elect to pay back to
the plan the amount of any previous distribution received from the plan plus interest. The amount
of interest required will be calculated based upon a seven percent (7%) per annum rate for the
period from date of original distribution to the date of repayment. Former plan participants who
elect to repay this amount will be granted the credited service awarded prior to their previous
termination of service.
03) Current employees, or employees who left the employ of the dty on or after January
1, 1984, who participated in the plan and who were excluded from further participation in the plan
during employment due to being over the then-existing maximum age provisions, but who never
received retirement income or withdrawal of participant contributions from the plan, shall have
credited service for purposes of benefit calculation equal to the period of participation before
exclusion plus one year, plus whatever time they elect to buy back under divisions (C) and (D) of
this section, plus the time after September 25, 1984, during which they contributed to, and
participated in the plan. If an employee who was excluded from further participation in the plan
received retirement income or a withdrawal of participant contributions, then credited service for
purposes of benefit calculation shall be equal to the number of years the employee elects to buy
back under divisions (C) and (ID) of this section, plus one year, plus the time after September 25,
1984, during which the employee contributed to and participated in the plan. Employees in this
category may buy back both those years for which they have received a withdrawal of participant
contributions and the years during which they were excluded from the plan. In no event shall this
credited service calculation exceed the total number of years of full-time employment with the city.
(C) (1) Eligible employees who had previously been excluded from plan
participation due to being over the then-existing maximum allowable age for participation at hire, or
were excluded from the plan due to being over the then-existing maximum age at any time during
their employment with the city, will have their credited service calculated in accordance with division
03) of this section. Eligible employees who wish to buy back any time they were excluded from the
plan shall be required to make payment in accordance with division (D), which payment shall be
equal to an amount which represents the employee contributions they would have made to the plan
4 ORD. NO. 57-02
had they always participated, plus interest. The amount of interest required will be calculated based
upon a seven percent (7%) per annum rate for the period from which the money would otherwise
have been paid into the plan to the date of repayment. Those employees who elect to make this
payment will be granted credited service for purposes of benefit calculation in accordance with
division (B). Employees will be required to buy back the most recent years first. All new
participants will receive credited service for the purpose of determining their normal retirement date
whether or not the optional payment is made.
(2) The repayment provisions of division (G)(1) shall also be available to former
employees who retired from the city on or after January 1, 1984, and who were excluded from the
plan due to being over the then-existing maximum age, thereby being prevented from accruing ten
years of credited service.
(D) The repayment of a previous distribution plus interest under division (A) of this
section or the payment of employee contributions plus interest under division (C) of this section will
be payable in a lump sum within ninety (90) days after reemployment or on or before July 1, 1985,
whichever is later. However, persons who are employees of the city as of January 16, 1985, at 5:01
p.m. may elect to pay the amount required in installments. If this option is used, $1,000 will be due
on or before April 15, 1985, with subsequent payments of the lesser of $1,000 or the balance due
payable every three months after the initial payment. If any type of benefit payment under the plan
begins prior to the full payment of employee contributions or a previous distribution plus interest,
the outstanding balance will be deducted from the benefit payments as they become due. The
Retirement Committee shall have the authority to waive the repayment deadlines set forth herein,
upon a finding by the Retirement Committee of extenuating circumstances upon individual request
which shall be submitted not later than nine (9) months following the expiration of the applicable
deadline.
Employees who were previously excluded from the plan who elect to participate in
the plan pursuant to Sec. 35.089(D)(2) shall earn credited service from the date of
their election to participate in the plan. Such employees may also purchase credited
service under the plan, in years and tenths of a year, for all or a portion of the period
of their prior employment with the City, by pay~g into the plan the full actuarial
cost of such credited service, as determined by the plan actuary. Such payment must
be made in full prior to entering the DROP or separation from City employment,
whichever occurs earlier, and in the event full payment is not made prior to such date,
the member shall receive only the amount of credited service, as determined by the
actuary, for which the payment made. excluding interest, ~s the full actuarial cost. A
participant purchasing such additional credited service must pay the full cost of any
actuarial calculations required. Payment for the purchase of credited service pursuant
to this subsection may be made using any one or a combination of the following
options:
5 ORD. NO. 57-02
Cash lump sum pa.vment~
Direct transfer or rollover of an eligible rollover distribution from a qualified plan. in
accordance with Sec. 35.097{L).
Time payment plan. Under this option the member may elect to pay any remaining
balance due for the purchase of credited service through payroll deduction on a time
payment plan over a period of not more than five (5) years, as approved by the
Retirement Committee. Interest on such payments shall be paid based on the
assumed rate of remm of the plan. Payments deducted from an employee's pay shall
be des'~mnated as employer contributions pursuant to Section 414(h) of the Internal
Revenue Code.
Section 3. 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 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", subsection
(L), "Direct Transfers of Eligible Rollover Contributions", to read as follows:
Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(L) Direct Transfers of Eligible Rollover Contributions.
(1) General. This section applies to distributions made on or after January 1,
1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the manner
prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible
retirement plan specified by the distributee in a direct rollover.
(2) Definitions.
(a) Eligi~'ble rollover distribution. An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee, except that an eligible
rollover distribution does not include: any distribution that is one of a series of substantially equal
periodic payments (not less frequently than annually) made for life (or life expectancy) of the
distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the
extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the
portion of any distribution that is not includable in gross income.
(b) Eligible retirement plan. An eligible retirement plan is 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), and annuity plan described in section 403(a) of the Internal Revenue Code, a
6 ORD. NO. 57-02
qualified trust described in section 401(a) of the Internal Revenue Code, an eligible deferred
compensation plan described in section 457(b) of the Internal Revenue Code which is maintained by
an eligible employer described in section 457(e)(1)(A) of the Internal Revenue Code, or an annuity
contract described in section 403(b) of the Internal Revenue Code, that accepts the distributee's
eligible rollover distribution.
(c) Distributee. A distributee includes an employee or former employee.
In addition, the employee's or former employee's surviving spouse is a disttibutee with regard to the
interest of the spouse.
(d) Direct rollover. A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
(3) Rollovers or Transfers into the Fund. On or after the effective date of this
ordinance, the fund will accept member rollover cash contributions and/or direct cash rollovers of
distributions for the purchase of credited service pursuant to Sec. 35.093CE), as follows: the plan
will accept either a direct rollover of an eligfi'ble rollover distribution or a member contribution of an
eligfi'ble rollover distribution from a qualified plan described in section 403(a) of the Internal
Revenue Code, from an annuity contract described in section 403(b) of the Internal Revenue Code,
or from an eli~ble plan under section 457.(b) of the Internal Revenue Code, which is maintained by
a state, political subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. 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 6. 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.
7 ORD. NO. 57-02
~e ?
PASSED AND ADOPTED in regm!ar session on second and final reading on this
MAYOR
ATTEST:
City Clerk
First Reading ~'
Second Readm
8 ORD. NO. 5%02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~'~ ff
ORDINANCE NO. 57-02
POLICIES AND BENEFITS")
- REGULAR MEETING OF JANUARY 7, 2005
(AMENDING CHAPTER 35, "EMPLOYEE
JANUARY 3, 2003
This ordinance is before Commission for second reading and public hearing amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
allow previously excluded employees to participate Lq the City's General Employees Retirement Plan
via a written election to do so.
At the first reading on December 10, 2002, the City Commission passed this ordinance. This
ordinance has been submitted to our actuaries for their review. We expect to receive their report on
Monday.
Recommend approval of Ordinance No. 57-02 on second and final reading; providing we have
received the actuarial report and it is satisfactory.
S.\C~ty Clerk\chevelle folder\agenda memo Ord 57.02.1.07.03 doc
[ITY OF I)ELIII:I¥ BEI:IgH
CITY ATTORNEY'S OFFICE
DATE:
TO:
FROM:
SUBJECT:
December 4, 2002
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wdter's Direct Line: 5611243-7091
MEMORANDUM
City Commission
Susan A. Ruby, City Attorney
General Employees' Pension Plan Revisions
Attached are revisions to the General Employees' Pension Plan. Also attached is
a memorandum summarizing these changes.
By copy of this memorandum to David Harden, City Manager, we are requesting
that these ordinances be placed on the December 10, 2002 City Commission
agenda.
If you have any questions, please feel free to contact me.
SAR:jw~~/'
Attachments
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Helping Shape
Florida's Future®
LEwIs,
ATTORNEYS
LONGMAN
AT LAW
REPLY TO: TALLAHASSEE
Eric Ash
Kristin Bennet~
W. O. Birchfleld
Jody Lane Brooks
William G. Capko
Beth Ann Carlson
Miehelle Diffenderfer
Robert P. Diffenderfer
Kenneth W. Dodge
Amy M. Dukes
Brenna Malouf Durden
Laura Jacobs Feagin
Roslyqn bi. Ferguson
Wayne E. Flowers
John ~,~. Forehand
Walter E. Forehand
Melissa G ro~s-Arnold
Kevin S. Hennessy
R. Ste,en Lewis
Terry E. Lewis
James ~,. Linn
&nne Longman
G. Stephen Manning
David E. Rumba
Kenneth G. Spillias
Edwin A. Steinmeyer
Glenn E. Thomas
Stephen A. Walker
www.llw-law.com
Jacksonville Office
9428 Baymeadows Road
Suite 625
Jacksonville, Florida 32256
(904) 737-2020
Fax: (904) 737-3221
l'allahassee Office
Post Office Box 10788 (32J02)
125 South Gadsden Street
Suite 300
Tallahassee, Florida 3230 !
{850) 222-5702
Fax: (850) 224-9242
West Palm Beach Office
1700 Palm Beach Lakes
Boulevard, Suite 1000
West Palm Beach, Florida
(561) 64O-O820
Faa: (561) 640-8202
MEMORANDUM
TO:
Susan Ruby, City Attorney
City of Delray Beach
FROM: James W. Linn
DATE:
November 21, 2002
Ordinances Amending the General Employees' Retirement Plan
This memo summarizes the attached draft ordinances amending the General
Employees' Retirement Plan.
1. Purchase of Prior Government Service Under the General Pension
Plan--This ordinance creates a new Section 35.094 which would allow a
participant in the General Employees' Retirement Plan who has at least five
years of credited service based on City employment and who has not entered
the DROP to purchase up to three additional years of credited service, in years
and tenths of a year, for a like period of previous full-time employment with a
federal, state or local government agency (other than the City of Delray
Beach). The participant would have to pay the full actuarial cost of such
credited service and the cost of any required actuarial calculations. No service
credit would be allowed if the participant will receive any other retirement
benefit based on the prior government service. Payment for the credited
service could be made in a lump sum, by a direct transfer or rollover from a
section 403Co) or 457 plan, or through installment payments deducted from the
employees' pay over a maximum period of five years.
2. Participation in General Pension Plan of Previously Excluded
Persons Amends the General Employees' Retirement Plan to allow certain
employees who were previously excluded from the plan to participate in the
plan by making a written election to do so. The affected employees are the
city manager (and assistants), city attorney (and assistants), and department
heads who previously elected not to participate in the plan. An employee who
wants to participate in the plan would have to submit a written election within
90 days following adoption of the ordinance, or within 90 days following their
date of employment in one of these positions, whichever is later. The written
election to participate in the plan is irrevocable. Any employee who does not
November 21, 2002
Page 2
submit a timely written election to participate in the plan shall not participate in the plan for as
long as he or she is employed by the City in one of the identified positions.
The ordinance also allows previously excluded employees who join the plan to buy credited
service under the plan, in years and tenths of a year, for some or all of their previous City
employment. Employees choosing this option will be required to pay the full actuarial cost of
the credited service and the cost of any required actuarial calculations. Payment could be made
in a lump sum, by a direct transfer or rollover from a section 403(b) or 457 plan, or through
installment payments deducted from the employees' pay over a maximum period of five years.
Please call me if you have any questions concerning the attached ordinances.
JWL/es
Attachments
ORDINANCE NO. 57-02
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 DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 35.089, "DEFINITIONS", REVISING THE
DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN
PREVIOUSLY EXCLUDED POSITIONS; AMENDING
SECTION 35.093, "CREDITED SERVICE FOR FORMER
EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED
FROM PARTICIPATION IN THE PLAN", TO PROVIDE FOR
CERTAIN PREVIOUSLY EXCLUDED EMPLOYEES TO
PURCHASE CREDITED SERVICE UNDER THE PLAN;
AMENDING SECTION 35.097, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT", SUBSECTION (L),
"DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS", TO ALLOW PARTICIPANTS WHO WERE
PREVIOUSLY EXCLUDED FROM PARTICIPATION IN THE
PLAN TO MAKE A DIRECT TRANSFER OF ELIGIBLE
ROLLOVER DISTRIBUTIONS TO PURCHASE CREDITED
SERVICE UNDER THE PLAN; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the
General Employees' Retirement Plan to allow certain employees who were previously excluded
from the Plan to participate in the Plan and purchase credited service under the plan for the
period of their employment with the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY 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:
Section 35.089 DEFINITIONS.
(A) "Actuarial (actuarially) equivalence (equivalent)" means equality in value of the
aggregate amounts expected to be received under different forms of payment. Actuarial
equivalent amounts under the plan will be determined utilizing the 1983 Group Annuity
Mortality Table, blended for males and females, with interest at seven percent (7%), where the
participant's age shall be set back one year and the beneficiary's age shall be set back four years
regardless of gender. However, in the event of plan termination, actuarial equivalence will be
based upon the interest and mortality assumptions prescribed by the Pension Benefit Guaranty
Corporation for plan terminations in effect on the actual date of plan termination.
(B) "Basic compensation" means the compensation actually paid to a participant by
the City, including participant contributions picked up by the City in accordance with Sec.
35.095(A)(1) of this subchapter, and exclusive of overtime pay, commissions, bonuses, expense
allowances, and all other extraordinary compensation.
(C) "Credited service" means 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 Sec. 35.093 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.
(D) "Employee" means any regular full-time employee of the City, except as
otherwise provided herein.
(D The term "employee" shall not include: City Commissioners; the City
Manager (and assistants); the City Attorney (and assistants); department heads upon their written
election not to participate in the plan; former department heads who have elected not to
participate in the plan; any person not classified by the City as a regular, full-time employee; any
participant who retires and receives early or normal retirement benefits under the plan, is
subsequently re-employed by the City, and elects to continue receiving retirement income during
the period of employment pursuant to Sec. 35.090(E) of this subchapter; and firefighters and
police officers employed by the City who participate in another retirement plan.
(2) Effective upon the adoption of this ordinance, the term "employee" shall
include the City Manager (and assistants) upon their written election to participate in the plan;
the City Attorney (and assistants) upon their written election to participate in the plan; and
department heads who previously elected not to participate in the plan, upon their written
election to participate in the plan. An employee's written election to participate in the plan
pursuant to this paragraph must be submitted to the Retirement Committee within nine _ty days
following adoption of this ordinance or date of employrnent in a position identified in this
paragraph, whichever is later. Such written election shall be irrevocable. Any such employee
2 ORD. NO. 57-02
who does not submit a timely written election to participate in the plan pursuant to this paragraph
shall not participate in the plan for as long as he or she is employed by the City in a position
identified in this paragraph.
(E) "Employment" means regular, full-time employment as a City employee.
(F) "Final monthly compensation" means the total basic compensation received by a
participant during the highest paid twenty-four (24) consecutive months of the one hundred
twenty (120) months immediately preceding the termination of employment, divided by twenty-
four (24). In computing final monthly compensation for a participant who has returned to active
city employment following an approved leave of absence, disability retirement or termination of
employment with a vested benefit, the period of leave of absence, disability retirement, or
following termination of employment shall be ignored in determining the highest paid 24
consecutive months of the 120 months immediately preceding the subsequent termination of
employment.
(G) "Normal retirement date" is the first day of the month coincident with or next
following the date a participant attains the age of 60 and completes ten years of credited service,
or the date on which a participant attains thirty (30) years of credited service, regardless of age,
whichever occurs first. A participant may continue in the employ of the city and continue to
participate in the plan beyond the normal retirement date.
(H) "Participant" means an employee who is eligible to participate and who actually
participates in the plan.
(I) "Retirement" means either termination of City employment with immediate
entitlement to receive normal, early or disability retirement income under the plan, or entry into
the Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal
retirement income from the General Employees Retirement Plan to the DROP.
(J) "Spouse" means the lawful husband or wife of an employee at the time of the
employee's retirement or death, whichever is applicable.
(K) "Terminated Participant" means a plan participant with at least five (5) years of
credited service whose City employment is terminated for any reason other than death, early
retirement or disability retirement prior to the normal retirement date.
Section 2. 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 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND
EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN", to read
as follows:
3 ORD. NO. 57-02
Section 35.093 CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN.
(A) Former plan participants who have not begun to receive benefits under the plan
and who are re-employed by the city as eligible employees will be considered new employees
with credited service for all purposes calculated as such unless the former participants elect to
pay back to the plan the amount of any previous distribution received from the plan plus interest.
The amount of interest required will be calculated based upon a seven percent (7%) per annum
rate for the period from date of original distribution to the date of repayment. Former plan
participants who elect to repay this amount will be granted the credited service awarded prior to
their previous termination of service.
(B) Current employees, or employees who left the employ of the city on or after
January 1, 1984, who participated in the plan and who were excluded from further participation
in the plan during employment due to being over the then-existing maximum age provisions, but
who never received retirement income or withdrawal of participant contributions from the plan,
shall have credited service for purposes of benefit calculation equal to the period of participation
before exclusion plus one year, plus whatever time they elect to buy back under divisions (C) and
(D) of this section, plus the time after September 25, 1984, during which they contributed to, and
participated in the plan. If an employee who was excluded from further participation in the plan
received retirement income or a withdrawal of participant contributions, then credited service for
purposes of benefit calculation shall be equal to the number of years the employee elects to buy
back under divisions (C) and (D) of this section, plus one year, plus the time after September 25,
1984, during which the employee contributed to and participated in the plan. Employees in this
category may buy back both those years for which they have received a withdrawal of participant
contributions and the years during which they were excluded from the plan. In no event shall this
credited service calculation exceed the total number of years of full-time employment with the
city.
(C) (1) Eligible employees who had previously been excluded from plan
participation due to being over the then-existing maximum allowable age for participation at hire,
or were excluded from the plan due to being over the then-existing maximum age at any time
during their employment with the city, will have their credited service calculated in accordance
with division (B) of this section. Eligible employees who wish to buy back any time they were
excluded from the plan shall be required to make payment in accordance with division (D),
which payment shall be equal to an amount which represents the employee contributions they
would have made to the plan had they always participated, plus interest. The amount of interest
required will be calculated based upon a seven percent (7%) per annum rate for the period from
which the money would otherwise have been paid into the plan to the date of repayment. Those
employees who elect to make this payment will be granted credited service for purposes of
benefit calculation in accordance with division (B). Employees will be required to buy back the
most recent years first. All new participants will receive credited service for the purpose of
determining their normal retirement date whether or not the optional payment is made.
4 ORD. NO. 57-02
(2) The repayment provisions of division (C)(1) shall also be available to
former employees who retired from the city on or after January 1, 1984, and who were excluded
from the plan due to being over the then-existing maximum age, thereby being prevented from
accruing ten years of credited service.
(D) The repayment of a previous distribution plus interest under division (A) of this
section or the payment of employee contributions plus interest under division (C) of this section
will be payable in a lump sum within ninety (90) days after reemployment or on or before July 1,
1985, whichever is later. However, persons who are employees of the city as of January 16,
1985, at 5:01 p.m. may elect to pay the amount required in installments. If this option is used,
$1,000 will be due on or before April 15, 1985, with subsequent payments of the lesser of $1,000
or the balance due payable every three months after the initial payment. If any type of benefit
payment under the plan begins prior to the full payment of employee contributions or a previous
distribution plus interest, the outstanding balance will be deducted from the benefit payments as
they become due. The Retirement Committee shall have the authority to waive the repayment
deadlines set forth herein, upon a finding by the Retirement Committee of extenuating
circumstances upon individual request which shall be submitted not later than nine (9) months
following the expiration of the applicable deadline.
(E) Employees who were previously excluded from the plan who elect to participate
in the plan pursuant to Sec. 35.089(D)(2) shall earn credited service from the date of their
election to participate in the plan. Such employees may also purchase credited service under the
plan, in years and tenths of a year, for all or a portion of the period of their prior employment
with the City, by paying into the plan the full actuarial cost of such credited service, as
determined by the plan actuary. Such payment must be made in full prior to entering the DROP or
separation from Ci_ty employment, whichever occurs earlier, and in the event full payment is not
made prior to such date, the member shall receive only the amount of credited service, as
determined by the actuary_, for which the payment made, excluding interest, is the full actuarial cost.
A participant purchasing such additional credited service must pay the full cost of any actuarial
calculations required. Payment for the purchase of credited service pursuant to this subsection may
be made using any one or a combination of the following options:
Cash lump sum payment.
Direct transfer or rollover of an eligible rollover distribution from a qualified plan,
in accordance with Sec. 35.097(L).
Time payment plan. Under this option the member may elect to pay any remaining
balance due for the purchase of credited service through payroll deduction on a time
payment plan over a period of not more than five (5) years, as approved by the
Retirement Committee. Interest on such payments shall be paid based on the
assumed rate of return of the plan. Payments deducted from an employee's pay
shall be designated as employer contributions pursuant to Section 414(h) of the
Internal Revenue Code.
5 ORD. NO. 57-02
Section 3. 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 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", subsection
(L), "Direct Transfers of Eligible Rollover Contributions", to read as follows:
Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(L) Direct Transfers of Eligible Rollover Contributions.
(1) General. This section applies to distributions made on or after January 1,
1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the manner
prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible
retirement plan specified by the distributee in a direct rollover.
(2) Definitions.
(a) Eligible rollover distribution. An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit of the distributee, except that an
eligible rollover distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for life (or life
expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and
the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any
distribution to the extent such distribution is required under section 401(a)(9) of the Internal
Revenue Code; and the portion of any distribution that is not includable in gross income.
(b) Eligible retirement plan. An eligible retirement plan is 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), and 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, an eligible deferred
compensation plan described in section 457(b) of the Internal Revenue Code which is maintained
by an eligible employer described in section 457(e)(1)(A) of the Intemal Revenue Code, or an
annuity contract described in section 403(b) of the Internal Revenue Code, that accepts the
distributee's eligible rollover distribution.
(c) Distributee. A distributee includes an employee or former
employee. In addition, the employee's or former employee's surviving spouse is a distributee
with regard to the interest of the spouse.
6 ORD. NO. 57-02
(d) Direct rollover. A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
(3) Rollovers or Transfers into the Fund. On or after the effective date of this
ordinance, the fund will accept member rollover cash contributions and/or direct cash rollovers
of distributions for the purchase of credited service pursuant to Sec. 35.093(E), as follows: the
plan will accept either a direct rollover of an eligible rollover distribution or a member
contribution of an eligible rollover distribution from a qualified plan described in section 403(a)
of the Internal Revenue Code, from an almuity contract described in section 403(b) of the
Intemal Revenue Code, or from an eligible plan under section 457(b) of the Internal Revenue
Code, which is maintained by a state, political subdivision of a state, or any agency or
instrumentality of a state or political subdivision of a state.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. 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 6. 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.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,2002.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
7 ORD. NO. 57-02
01/06/03 12'59 FAX
GABRIEL, ROE~IDI:I~. SMITH & COMPANY
Consultant~ & Actuarie~
301 East Las Ola$ Etivd · Sutle 200 ,, Fi Lauderdale, FL 33301-22.54., §54-52Z 1616 * FAX 954 525 (J083
January 6, 2003
Mr. Joseph M. Safford
Director of Finance
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Re' Retirement Plan for General Employees
Dear Joe:
Pursuant to your request, we have prepared the enclosed Actuarial Impact Statement pertaining
to ]he proposed ordinance allowing previously excluded employees to partIcipate in the Plan. The
Staternent must be filed with the Bureau of Local Retirement Systems within the Division of
Retirement before the final public hearing on the ordinance
We welcome your questions and comments.
S~ncerely yours,
J. Stephen Palmquist
JSP/or
Enclosures
01/06/03 12:59 FAX
~003/011
RETIREMENT PLAN FOR EMPLOYEES OF THE
CITY OF DELRAY BEACH
Impact Statement - January 6, 2003
Description of Amendment
An amendment is being proposed that would allow previously excluded employees to
participate in the Retirement Plan if they made written election to do so. The affected
employees are the city manager and attorney (and their assistants) and department heads who
previously elected not to participate in the plan. They will receive credit for future service only.
However, credit for past service may be obtained by paying the full actuarial cost of such
service
Funding Implications of Amendment
An actuarial cost estimate is attached. If all nine eligible employees parhcipate, the
annual required contribution to the Plan will increase by $192,181, from $370,449 to $562,630.
'l-h~s analysis does not include credit for any past service
Certification of Administrator
I believe the amendment to be in compliance with Pad VII, Chapter 112, Flodda Statutes
and Section 14, Article X of the Constitution of the State of Flodda.
For the Board of Trustees
as Plan Administrator
01/06/03 13:00 FAX ~004/011
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
Retirement Plan for Employees of the City of Delray Beach.
Va|uation Date
October 1, 2001
Date of Report
January 6, 2003
Report Requested by
Director of Finance
Prepared by
J.Stephen Palmquist
Group Valued
All Plan participants.
Plan Provisions Being Considered for Change
Present ProvIsion Before Chanqe
City manager and attorney (and their assistants) and department heads are excluded
from Plan part~c~pahon.
Proposed Chanqe
Allow city manager and attorney (and their assistants) and department heads to
participate in the Plan if they so choose. They will receive credit for future service only_
Partmipants Affected
Those City employees previously excluded (nine employees)_
Actuarial Assumptions and Methods
Same as October 1, 2001 Actuarial Valuation Repod with no exceptions.
Some of the key assumptions/methods are:
Investment return - ?.75% per year
Salary increase - 5 0% per year
Cost Method - Aggregate
01/06/03 ~3:00 FAX
Amortization Period for Any Increase in Actuarial Accrued Liability
N/A
Summary of Data Used in Report
See attached page.
Actuarial Impact of Proposal(s)
See attached page(s)_ The proposed ordinance allows the previously excluded
employees to purchase their prior employment service (service prior to their date of
e~ection to participate in this plan). If they opt to purchase this prior service, the cost of
such service shall be borne by each respective employee so there is no actuarial impact
on the Plan for the previous serv,ce_
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to
Previously
None.
Other Cost Considerations
As a result of negative stock market returns since September 30, 2001, there will be a
loss from investments for the year ended September 30, 2002. Unless there are
offsetting gains from other sources, the October 1, 2002 actuarial valuation repod will
show a cost increase. Users of this Supplemental Report should be aware of likely
future cost increases over and above those shown in this Report.
Possible Conflicts With IRS Qualification Rules
None.
~ 0~/06/03 13:00 FAX ~006/011
...... ". ..........o,-,,,,,,,,,:,,-..,",..,,-o,,.,~,;-,,,,,.--,- -~-,,,," ', ...... , ........
":., ..';'. ";,..~?:A~.'.Of:'Oct°b~,:l'~. ~ ,'ir2901 ..... .... ,--
[, Before Benefit,. , ' .;.After Benef,t
| ,.,,, Cl~a~oges. I, ....Changes
J " ',' ' ..... ~" ...... ', _ %'i' "~' ' '
Number Included in the Valuation
1. Active Members
2. Inactive Members
B. Covered Annual Payroll
353
177
$11,995,941
362
177'
$12,814,210
C Actuarial Present Value of Projected Benefits
D. Actuarial Value of Assets
E. Actuarial Present Value of Future Contributions 1. Total: C-D
2 Portion Assigned to Unfunded Actuarial
Accrued Liability (UAAL)
3. Podion Assigned to Future Normal Costs
57,840,618
55,160,299
2,680,319
0
2.680,319
59,374,035
55,160,299
4,213,73§
0
4,213,736
F. Annual Payment Needed to Amortize UAAL
As % of B
G. Annual Employer Normal Cost
As% of B
Interest on F and G from Valuation Date to
Contribution Date(s)
As % of B
I. Required Employer Contribution: F + G + H
As%orB
Year to Wtnch Contributions Apply
1. Plan Year Ending
2. Employer Fiscal Year Ending
3. Assumed Date(s) of Employer Contrib.
337,576
2.82%
32,873
0 27%
370,449
3.09%
9130/02
9/30/03
12/31/02
512,703
4.00%
49,927
0 39%
562,630
4.39%
9/30102
9/30/03
12/31/02
* After adoption of Early Retirement Incentive Program
01/06/03 13'01 FAX {~007/011
Actuarial Present Value of Projected Benefits for
Active Members
a. Service Retirement Benefits
b Vesting Benefits
c Disability Benefits
d. Preretirement Death Benefits
e. Return of Member Contributions
f. Other
g. Total
$ 35,788,951
1,492,694
1,424.345
1,821,001
4,648
0
40,531,639
2. Inactive Members
a. Service Retirees and Beneficiaries
b. Disability Retirees
c. Terminated Vested Members
d. Total
3. Total for All Members
B. Actuanal Value of Assets
C. Unfunded Actuarial Accrued Liability
C. Actuarial Present Value of Projected Member
Contributions
E. Actuarial Present Value of Projected
Employer Normal Costs: A3 - B - C - D
F. Actuarial Present Value of Projected
Covered Payroll
G. Employer Normal Cost Rate: 100 x E/F
H Annual Payroll of Active Members
I Employer Normal Cast: G x H
J. Assumed Amount of Administrative Expenses
K Total Employer Normal Cost: I + J
' After adoption of Early Retirement Incentive Program.
13,978,653
188,10F
31~42 219
17,308,979
57,840,618
55,160,299
2,680,319
102,570,450
2.61%
11,995,941
313,094
24,482
337,576
$ 37,069,673
1,503,954
1,492,519
1,994,262
4,648
0
42,065,056
13,978,653
188,107
3,~42.~
17,308,979
59,374,035
55,160,299
0
4,213,736
110,587,330
3.81%
12,814,210
488,221
24.482
512,703
01/06/05 13:01 FAX ~008/011
Ii Before t After
Change Chan~le
-;- ........ ,~";F' ~7-,,- .......... ,., ..... ' , ,. ', ,, ,
Number
Total Annual Payroll
Average Annual Salary
Other Averages
Current Age
Age at Employment
Past Service
353
11,995,941
33,983
44.4
34.8
9.6
362
12,814,210
35,398
44.5
3§.1
9.4
Sel!VlCe._____.~ r. ~ __~____ ; ,:._~...rRetlrees;''Ben~ficmi'i~r~li~d:EIROP,;,Par~"c;maO,''~'~ , ,:.i ", ", ........ ,-, -., · ~ ......... ,, ,,,,,, , ,, ,,.,.
TotalAnnual Benefit $ 1,791,501 $ 1,791,501
Average Monthly Benefit 96g 969
Dis~bllltV' Retii;ees,' ~ ,,, ,, ,, ,,,:i: ,, , ..', ,,?,,,:,,,,,, :,,..., ...., .,,,,,,,,,,,,,,~; ...... .,,, ,, :, ....... ,,,:
Number
Total Annual Benefit
Average Monthly Benefit
1
19,842
1,654
1
19,842
1,654
Number
Total Annual Benefit
Average Monthly Benefit
22
$ 166,875
632
22
$ 166,875
632
100
ANNOUNCEMENTS
Li~4L NOTIC~
A P1J~LIC I-r~ING v/~ M bela on ~e
JANUARY
~~ I~NW
B~CH FLORID~ BY
~BSEETIOh C 'CREDI~D
~5. ~D CRATING A
~ ~ ~ TO ~ PA~TICI-
P~S WITH AT
OF CREDITED SERVICE T0
C~ UP TO THR~
CREDITED SERVICE ~ED
~IDING A GENE~ R~R
C~USE PR~IDING A VALIO~
T~ DA~
M~I~ ~ T~ CI~ ~ ~L~Y
~S SUBH~ING R~RE-
~CH ~ Bv ~END(~
~IOU~Y ~ ~ITI~.
~D ~RVI~E
~ ~LU~ ~ P~P~
AMENDING SECTION :~ 097,
"RETIREMENTINCOME,BASIS
AMOUNT, AND PAYMENT~,
TIO~ (L), "DIRECT ~RS OF
ELIGIBLE ROLL0VERDISTRIBU-
TIONS' TO ALLOW
WHO WERE PREVIOUSLY EXCLUDED
~ PART~CIPA3'~3N IN ~ PLAN
TO ~ A DIRECT TRANC-~CER OF
ELIBISLE ROLLOVER DISTRIBU-
TIONS TO PURCHASE CREDITEB
SERVICE UNDER THE PLAN, PROVIO-
lNG A GENERAL REPEALER ~
PROVIDING A VALIDI'~ CI. ALISE
AND F~OVIDING AN EFFECTIVE
DATE
MISSION OF 'fNE CiTY OF BELRA¥
~ZT.H, FLORIDA, AML~d~ING DHAP-
~ 33, 'POLICE AND RP,~ DEPART-
MEl~r$ SUBHrr. ADING "PENSIONS,
OF THE CODE OF ORDINANCES OF
THE CITY 0¢ DELRAY BEACH, FLORi-
DA ~Y AMENDING SECTION 3360
~D~FINr~ION$ REVISING THE DEFI-
NITION OF "CONTINUOUS SERVICE
TO I~RMIT A FtREFtGHTER wrl~ AT
LEAST F~'VE YEARS OF CONTINUOUS
S~RVIDE TO PURCHASE UP TO
THREE ADDITIONAL YEARS OF SER-
VICE FOR Pf:ll~ EMPLOYMENT AS A
POLICE OFFICER OR FIRERGHTER
AMENDING SECTION ~3 70 "DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER
GONTRII~JT~ONS~ TO PROVIO[ FO~
ROU.OVERS OR TRANSFERS INTO
CONTINUOUS SERVICE. PROVIDING
A REI=E~LER CLAUSE PROVIO~NG A
VALIDr/'Y CLAUSE AND PROVIDING
AN ORDINANCE OF THE CITY CO~-
MISSION OF THE C¢¢Y OF GELRAY
OF.A~H, FLORIDA. AMENDING CHAP-
~ 3~ 'POLK;E ~ FIRE OEPART-
MENTS SU~IEADING 'PENSIONS,
OF THE CODE OF O~OINANCES OF
THE CITY OF DELRAY BEACH,
DA, BY AMENDING SECTION 3360
"~NITIONS', REVISING THE
NINON OF "CONTINUOUS SERVICE'
FOR CERTAIN PURPOSES TO
IN~.UDE PREVIOUS SEI~/IC~ AS A
I~ ,~,,ECTION 33 71 "COORDINA-
~ OE RETirEMENT
I~OV~DING FOR COORDINATION OF
~r~l'Ts FOR M~.M~RS WHO HAW
EMPLOYEE, AMENDING SECTION
3370 'DIRECT TRANSR~RS OF ELP-
GIBLE ROLLOVER CONTRIBUTIONS
TO PROVIDE R~ ROLLOVERS OR
1RANSFE~ INT0 ~ PJND FOR
TH~ PURCHASE OF CONTINUOUS
SERVICE, PROV1DfNG A REPEALER
CLAUSE PROVIDING A VALIDITY
CLAUSE, AND PROVIDING AN
TNE DATE
'EMERGENCY MEDICAL
TRANSPORTAT)ON FEES', ~
~A), TO ~U~ ~ ~E
~D~ ~ ~E~ M~
~ATI~ IN ~*
W~ ~ ~TI~ ~ERI*
~, ~IDING A
GENE~ flE~LER C~US~, k
C~, ~D ~ ~TI~
~ ~ ~re ~ ~
~FS ~.~
~ ~r 27 ~
IF DELRAY
MISSION CYr
~EACH FLORIDA. AMI DING SEC
TION 4 6 g -OFF-STRf : pARKiNG
JBSECTION
: pAR~ING
R[-GULAT :)NS,
4 6 9(E) LOCATIOf'
SPN~S, OF THE L DEV[LOP'
MENI' RE( ,uLAT)O~$ ~E C~TY OF
~i ~H, TC VIDE ~R
RE~lSED N L)E~J 0~ NG REGU
LAT~)NS PROVIDff GENERAL
REI~.A~ ~ CLNd~ ~vING
OLAt~3E ~ AN EF ~CTNE DAlE
BF..A~H, LO, IDA, AMENDING
I~I,I~E N 3 51.0~ By AMENDING SEC-
LARIFY~NG 'I'~T THE LOT~.
I~ON 1 (REPERRi D TO IN
~U~ L~ 3 ~
TY~ CODE OF ORDINANCES ur'
CfTY OF DELRAY BrcA~H BY AMENu-
I~G CHAPTER 111, "ADVERTISING"
BY REPEALING SECTION 111 lB,
-D~TRIBUTII~i COMMERCIAL ~O
~IAL HANDBILLS IN
~ A NEW SECTION 111
'OISTRIBLn'ING O3MMERClAL AND
lION.COMMERCIAL I.IANOBILLS. N
~UMJ~.. AND AN ER=ECTNE DATE