12-96 O~~C1; NO. 12-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CFIAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SUBSECTION (D) , "EMPLOYEE", OF SECTION 35. 089,
"DEFINITIONS"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, T~'R~REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Subsection (D), "Employee", of Section
35.089, "Definitions", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows;
Section 3_5 · 089 DEFIniTIONS.
(D) "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 (~nd
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 cl.assifled bY ~he City as a reccular,
full-time $~ployee ---"---~ =-- - ~ .......... ~-~ 'ct for a
-..~ --.~ -- ...... - ---~_a.-., any partic ant who retires and receives
early or normal retirement benefits under the plan, is
subseq/lently 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 employe~ by the city who participate in
another retirement plan.
~ That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
wor~ be declared by a court of competent jurisdiction to be
invalid such decision shall not affect the validity of the
remainder hereof as a whole part thereof other than the part
declared to be invalid.
~ That this ordinance shall take effect ten
(10) days after second and final reading.
PASSED AND ADOPTED in regular session on second and final
rea~ing on this the 20{h day of February . 1996.
City Clerk- / '
First Reading: February 6, 1996
Second Read/ng: February 20, 1996
2
ORD NO. 12-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
%
SUBJECT: AGENDA ITEM ~ /O!~' - MEETING OF FEBRUARY 20. 1996
ORDINANCE NO. 12-96/OUALIFICATIONS FOR GENERAL EMPLOYEE
~ENSION
DATE: FEBRUARY 16, 1996
This is second reading and public hearing for Ordinance No. 12-96
which amends the definition of "Employee" to clarify that only
regular full-time employees participate in the General Employees
Pension Plan.
At first reading on February 6th, the ordinance was passed by
unanimous vote. However, Mayor Lynch suggested that perhaps the
plan should be amended to clearly include part-time employees
based on number of hours worked (20 or more per week) as well as
length of employment with the city. Staff has looked into this
and estimates that the annual cost of extending the pension plan
to eligible part-time employees would be approximately $20,000.
The Parks and Recreation Department is the largest user of
part-time personnel, and advises that they have had no problems
with recruiting part-time workers.
At this point, I recommend that part-time personnel not be
included in the definition of employee for purposes of Ordinance
No. 12-96. However, if the Commission wishes to extend the
pension plan to cover part-time employees, I suggest this
ordinance be voted down with direction to order the actuarial
evaluation which is needed before we could adopt an ordinance
providing for the inclusion of part-time employees.
ref:agmemo9
£1TY I)F i)ELA#Y BEA£H
CITY ATTORNEY'S OFFICE
Writer's Direct L~e: (~7) 243-7~1
DELRAY BEACH
1993 DATE: Febma. 1, 1996
FROM: Susan A. Ruby, City Attorney ~~ ~ ~'T '
SUBJECT: Qualifications for General E~loyee Pelion
The City has routinely only permitted employees to be eligible to participate in the
General Employee Pension Fund if they are regular full-time employees. The City has
in its Personnel Policies a reference to regular full-time employees, as those employees
with a schedule of regular, full-time working hours of forty hours a week.
The City's past practice, is to permit employees who are scheduled to work forty hours
per week to enter the plan. The City's past practice has not listed as eligible participants
in the plan, employees who are regularly scheduled to work less than forty hours per
week.
The City's ordinance, however, contains language which appears to conflict with the
City's past practice. The ordinance before you for consideration attempts to clarify the
pension ordinance in a manner to conform to the City's past practice.
By copy of this memorandum to David Harden, City Manager, our office requests that
this ordinance be placed on the February 6, 1996 agenda for first reading and February
20, 1996 for second reading.
cc: David Harden, City Manager
Alison MacGregor Harry, City Clerk
Joe Safford, Director of Finance
General Employee Pension Board Members
Attachment
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