82-79
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ORDINANCE NO. 82-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING CHAPTER 19, ARTICLE V, " PENSION
PLAN FOR GENERAL EMPLOYEES," BY REPEALING PARAGRAPH ONE
OF SECTION 19-64 AND ENACTING A NEW PARAGRAPH ONE, BY
AMENDING SECTION 19-81, BY REPEALING SECTION 19-82 AND
ENACTING A NEW SECTION 19-82, BY AMENDING SECTION 19-84
(e)(l), BY AMENDING SECTION 19-84(e)(2), BY AMENDING
SECTION 19-85(A)(1), BY AMENDING SECTION 19-85(B)(2),
AND BY AMENDING UNNUMBERED PARAGRAPH TWO OF SECTION
19-90 TO ELIMINATE THE REQUIREr~NTS OF A MANDATORY
RETIREMENT AGE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That unnumbered paragraph one of Section 19-64 of the
Code of Ordinances is hereby repealed and new paragraph one is enacted to
read as follows:
The credited service of each employee or participant will
be the total period of his service as defined in Section
19-62 hereof, in completed months, from his last date of
employment until his date of termination of employment or
until his 65th birthday, if earlier, except as provided
in Section 19-61 and the following paragraph.
Section 2. That unnumbered paragraph two of Section 19-81 of the
Code of Ordinances is hereby amended to read as follows:
The term "final monthly compensation" means the partici-
pant's average monthly rate of compensation from the city
for the twenty-four (24) successive months out of the one
hundred twenty (120) months next preceding the earlier of
(a) the date on which his service with the city termi-
nates for any reason, and (b)-ft~s-fie~ffia~-~e~~~efflefi~6a~e7
e~-e~eefieee-~e~~~efflefie-ea~eTWft~efte~e~-~s-a~~~~eaereT-as-
fte~e~fiafee~-eese~~ee67 his 65th birthday, or his normal
retirement date, if later, which give the highest average
monthly rate of compensation for the participant.
Section 3. That Section 19-82 of the Code of Ordinances is
hereby repealed and new Section 19-82 is enacted to read as follows:
Section 19-82. Normal retirement and retirement income.
Normal retirement under the plan is retirement from the
service of the city on, or after, the normal retirement
date. In such event, payment of retirement income will
be governed by the following provisions of this section:
(A) Normal Retirement Date:
The normal retirement date of each participant will be
the first day of the month coincident with, or next
following the date he both attains the age of 60 and
completes 10 years of credited service; provided, how- I
ever, that a participant may continue in the service of
the City beyond his normal retirement date and retire on
an extended retirement date as defined in Section 4.2(C)
below.
(
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(B) Amount of Normal Retirement Income:
The monthly amount of retirement income payable to a
participant who retires on his normal retirement date
shall be an amount equal to the product of ( a) and (b)
where:
(a) is 2~% (.025) of final monthly compensation; and
(b) is years and completed months of credited service,
maximum of 30 years.
( C) Extended Retirement Date:
The extended retirement date of a participant will be the
first day of the next month past normal retirement date
after actual termination of service.
(D) Amount of Extended Retirement Income:
(1 ) To a Participant Who Retires On Extended Retire-
ment Date Between Age 60 and Age 65 With 10 Or
More Years of Credited Service:
The monthly amount of retirement income payable to such a
participant shall be an amount equal to the product of ( a)
and (b) where:
( a) is 2~% (.025) of final monthly compensation; and
(b) is years and completed months of credited service,
maximum of 30 such years.
(2 ) To a Participant Who Retires On Extended Retire-
ment Date After Age 65 With 10 Or More Years of
Credited Service:
The monthly amount of retirement income payable to such a.
participant shall be equal to that amount which can be
provided on an actuarial equivalent basis by the sum of:
(a) The single-sum value of the participants' retire-
ment income as of his 65th birthday or his normal
retirement date, if later, and
(b) The amount of interest on such single-sum value in
(a) above, where the interest shall be compounded
annually from the participant's 65th birthday or his
normal retirement date, if later, to his actual
retirement date,
where all computations shall be on the basis of the interest
and mortality assumptions in effect on the participant's 65th
birthday or his normal retirement date, if later.
(E) Payment of Retirement Income:
The monthly retirement income payable in the event of normal
or extended retirement will be payable on the first day of
each month. The first payment will be made on the partici-
pant's normal or extended retirement date (or on the first
day of the month coincident with, or next following, his actual
retirement, if later), and continued thereafter during his
lifetime; upon his death the full retirement benefit shall be
continued to his spouse for one (1 ) year and 60% of said amount
continued thereafter until the earlier of death or re-marriage.
-2- Ord. No. 82-79
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Section 4. That the fourth unnumbered paragraph of Section
19-B4(e)(1) of the Code of Ordinances is hereby amended to read as follows:
( 1 ) If a participant with greater than ten (10) years of
credited service is eligible to receive a nonservice dis-
ability benefit of less than fifty dollars ($50.00) per
month under the preceding paragraph, the participant may
elect to receive an optional benefit payable commencing
according to the provisions of section 19-84(f) and sub-
ject to section 19-86. This optional benefit will be
equal to the product of "a" and "b", where "a" is an
amount equal to his number of years' credited service,
maximum of thirty (30) such years, at his date of dis-
ability multiplied by two and one-holf (2.5) percent of
his final monthly compensation, and "b" is the applicable
actuarial reduction factor to take into account the
participant's younger age and the earlier commencement of
retirement income payments. If this option is elected,
the benefit payable will not be subject to the provisions
of section 19-84(e)(2), but will be payable as a normal
retirement benefit would be paid (section 19-82fe~ ~
unless an optional form of payment is elected under
section 19-86, in which case such election will define
the period of payment.
Section 5. That Section 19-84(e)(2) of the Code of Ordinances is
hereby amended to read as follows:
( 2 ) Monthly income commencing on normal retirement date. The
monthly income in the amount described in section
19-84(e)(1) above, unless previously discontinued in
accordance with section 19-84(h) below, shall cease with
the last such payment being due on the first day of the
month immediately preceding the disabled participant's
normal retirement date. Commencing on the disabled
participant's normal retirement date, his monthly dis-
ability retirement income shall be an amount computed as
of for normal retirement in accordance with section
19-82f~+f*+ (B) hereof, based upon the disabled parti-
cipant's anticipated number of years of credited service
at his normal retirement date (as defined below) and his
projected rate of final monthly compensation at his
normal retirement date (as defined below). The partici-
pant's anticpated number of years of credited service at
his normal retirement shall be equal to that number which
he would have accrued at such date in accordance with
section 19-54 hereof, limited to a maximum of thirty (30)
such years as set forth in section 19-82f~+f*+ ~, if
his employment with the city had not been terminated but
had continued uninterrupted from the date of termination
of his service due to disability to his normal retirement
date. The participant's projected rate of final monthly
compensation at his normal retirement date shall be
determined in accordance with section 19-81 hereof and
shall be determined as of the participant's normal re-
tirement date based on the assumption that the partici-
pant's last regular rate of monthly basic compensation
prior to the date of termination of his service due to
disability would have been continued without change to
his normal retirement date.
Section 6. That Section 19-85(A)(1) of the Code of Ordinances is
hereby amended to read as follows:
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(1) In the event of the termination of a participant's ser-
vice prior to his normal retirement date for any reason
other than his death, early retirement with the consent
of the city as described in section 19-83 hereof, or
disability retirement as described in section 19-84
hereof, after he has completed ten (10) years of credited
service (such participant is hereinafter referred to as a
"terminated participant"), he will be entitled to a
monthly retirement income to commence on his normal
retirement date, if he shall then be living, in an amount
which can be provided by the single-sum value of his
deferred monthly retirement income beginning at his
normal retirement date which has accrued to the date of
termination of his service, accumulated at interest from
the date of termination of his service to his normal
retirement date. The amount of such accrued deferred
monthly retirement income shall be computed as for normal
retirement under section 19-82fe+f~+ (B), based upon the
terminated participant's number of years of credited
service and final monthly compensation at the date of
termination of his service.
Section 7. That Section 19-85(B)(2) of the Code of Ordinances is
hereby amended to read as follows: ,
I
(2) Death benefit - Nonservice connected death. If the
service of a participant is terminated by reason of his
death, on or prior to, his fiefffla~ actual retirement date,
there shall be payable the following:
Section 8. That unnumbered paragraph two of Section 19-90 of the
Code of Ordinances is hereby amended to read as follows:
With specific prior authorization by the city, the com-
mittee may direct the trustee to enter into a contract or
contracts with one or more life insurance companies for
the purchase of retirement annuities, five-year renewable
term life insurance one-year renewable term life insurance
or other form of life insurance or other benefits, on an
individual or group basis, in such manner and in such
form as may be deemed appropriate by the committee, as
provided for in the plan, and further provided the in-
surance benefit will be no greater than one hundred (100)
times the participant's anticipated monthly retirement
income commencing at normal retirement date. The amount
of such anticipated monthly retirement income commencing
at normal retirement date shall be computed as for normal
retirement in section 19-82fetf~t (B).
Section 9. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word 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 or part thereof
other than the part declared to be invalid.
Section 10. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 10th day of December ~' 1979.
ATTEST: L. L,.t
. -1-1 A Y 0 R~
~.. ~ ~AU LEON M. WEEKES
City Clerk
First Reading November 26, 1979
Second Reading ~~ember 10, 1979
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