Ord No. 17-18 POLICE OFFICERS' RETIREMENT SYSTEM
ORDINANCE NO. 17-18
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH,FLORIDA,BY AMENDING CHAPTER 33
"POLICE AND FIRE-RESCUE DEPARTMENTS" BY AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT SYSTEM;
AMENDING SECTION 33.65 "ADMINISTRATION"; AMENDING
SECTION 33.67, "OTHER PROVISIONS", CREATING A NEW
SECTION 33.725, "SHARE PLAN", PROVIDING FOR
SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND
PROVIDING FOR AN EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA, AS FOLLOWS:
Section 1. Code Amended. That Section 33.65 of the City Code of Ordinances is
hereby amended to read as follows:
See.33.65. -Administration.
(A) Effective October 1, 2016, the general administration and responsibility for the proper
operation of the retirement system and for making effective the provisions of this subchapter are
vested in a Board of Trustees consisting of five(5)persons as follows:
(1) Two (2) legal residents of the City to be appointed by the City Commission;
(2) Two(2)full-time City police officers as defined in F.S. § 185.02,to be elected by all active
members as provided herein; and
(3) A fifth member, who shall be chosen by a majority of the other four (4) members. Such
person's name shall be submitted to the City Commission, which shall, as a ministerial act,
appoint such person to the Board of Trustees.
(B) Each appointed trustee shall serve as trustee for a period of four (4) years, unless sooner
replaced by the City Commission, at whose pleasure he or she serves,and may succeed himself or
herself as a trustee. Each elected police officer trustee shall serve as trustee for a period of four(4)
years, unless he or she sooner leaves the employment of the City as a police officer, whereupon a
successor shall be chosen in the same manner as the original election. Each elected police officer
trustee may succeed himself or herself in office. The fifth member shall have the same rights and
duties as the other trustees, shall serve as trustee for a period of four 4 twe-(2-) years, and may
succeed himself or herself in office.
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Section 2. Code Amended. That a new subsection(I)is added to Section 33.67 of the
City Code of Ordinances to read as follows:
See.33.67.—Other Provisions.
(I) A member who retires and begins to receive retirement income may,following cessation of all
City employment for a period of at least thirty(30) days,return to City employment in a part-time
capacity and continue receiving retirement income from the plan. In no event shall such
reemployment be arranged or agreed to prior to the member's retirement.
Section 3. Code Amended. That anew section 33.725,"Share Plan",is created to read
as follows:
See. 33.725—Share Plan.
A defined contribution plan component ("share plan") is hereby established in accordance with
section 185.35(6), F.S. The share plan shall be funded solely by premium tax revenues received
by the city pursuant to F.S. Ch. 185, and allocated to the share plan;however,nothing herein shall
be construed to require fundingof,f, or guarantee a benefit under this section. The share plan shall
not be activated until Ch. 185 premium tax revenues are allocated to the share plan. At such time
as the city and union mutually agree to allocate Ch. 185 premium tax revenues to the share plan,
the city and union will negotiate the details of the share plan.
Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences,clauses,and phrases of this Ordinance but they shall remain in effect,it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that this Ordinance shall become and be made a part of the City of Delray Beach
City Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such
intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon its
passage on second and final reading.
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PASSED AND ADOPTED in regular sess . cond and fma eading on this the
jktda of ' ,2018. P o
Attest: MAY O
,m
City Clerk
First Reading
Second Reading 4 1
ov form 11°sufficiency:
Max L n, City Attorney
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