Ord No. 18-18 FIREFIGHTERS' RETIREMENT SYSTEM
ORDINANCE NO. 18-18
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 FIREFIGHTERS'
RETIREMENT SYSTEM; AMENDING SECTION 33.76
"BENEFIT AMOUNTS AND ELIGIBILITY"; AMENDING
SECTION 33.79, ADMINISTRATION"; AMENDING SECTION
33.81, "OTHER PROVISIONS"; CREATING A NEW SECTION
33.92, "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 33.76 of the City Code of Ordinances is
hereby amended to read as follows:
See.33.76.—Benefit amounts and eligibility.
(B) Normal Retirement Benefit.
(2) Amount.
(d) Notwithstanding any other provision of the system, effective October 5, 2016, the
maximum annual benefit in the normal benefit form at the time of retirement shall be one
hundred thousand dollars ($100,000.00); provided, in no event shall a member's total
benefit be less than two (2) percent of average monthly earnings for each year of
continuous service. This maximum benefit amount shall be increased annually by two
(2) percent, effective October 1, 2016, and each October I thereafter. The maximum
annual benefit provided in this paragraph shall not qpply try member who attained the
normal retirement date before October 5, 2016.
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Section 2. Code Amended. That Section 33.79 of the City Code of Ordinances is
hereby amended to read as follows:
Sec. 33.79. -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)members as follows:
(1) Two (2) legal residents of the City to be appointed by the City Commission;
(2) Two (2)full-time City firefighters as defined in F.S. § 175.032,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 member 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 firefighter member shall serve as trustee for a period of four (4)
years, unless he or she sooner leaves the employment of the City as a firefighter, whereupon a
successor shall be chosen in the same manner as the original election. Each elected firefighter
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.
Section 3. Code Amended. That anew subsection(I)is added to Section 33.81,"Other
Provisions" of the City Code of Ordinances to read as follows:
See.33.81.—Other Provisions.
(I) A member who retires and begins to receive retirement income may, following cessation of all
CLty 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 prior to the member's retirement.
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Section 4. Code Amended. That a new section 33.92, "Share Plan", is created to read
as follows:
See. 33.92.—Share Plan.
A defined contribution plan component ("share plan") is hereby established in accordance with
section 175.351(6) F.S. The share plan shall be funded solely by premium tax revenues received
by the city pursuant to F.S. Ch. 175 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. 175 premium tax revenues are allocated to the share plan. At such time
as the city and union mutually agree to allocate Ch. 175 premium tax revenues to the share plan,
the city and union will negotiate the details of the share plan.
Section 5. 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 6. 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 7. Effective Date. That this Ordinance shall be effective immediately upon its
passage on second and final reading.
reading on this the
PASSED q D AND ADOPTED in regular ses .uW an ma re
_.. g
day of 4I2018.
Attest: MAYO R
City Clerk
First Reading (.'8-c) (
Second Reading
A o'v forma 1 fficiency:
1
Max Lo ity Attorney
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