50-95 ORDINANCE NO. 50-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE
AND FIRE DEPARTMENTS" SUBHEADING "PENSIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 33.60, "DEFINITIONS", TO REVISE THE
DEFINITION OF "CONTINUOUS SERVICE" TO REFLECT THE
FEDERAL UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT OF 1994; AMENDING SECTION
33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE
BENEFITS TO THE SURVIVING SPOUSE OF A MEMBER WHO IS
KILLED IN THE LINE OF DUTY, NOTWITHSTANDING THE
SPOUSE'S REMARRIAGE; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has enacted and the
Governor has allowed to become law Ch. 94-171, Laws of Florida,
requiring certain benefits be paid to the surviving spouse of a police
officer or firefighter who is killed in the line of duty; and
WHEREAS, the City of Delray Beach Pension Ordinance for
police officers and firefighters must be amended to comply with Ch.
94-171, Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Title III, "Administration", Chapter 33,
"Police and Fire Departments" Section 33.60,
, "Definitions", of the
Code of Ordinances of the City of Delray Beach, be, and the same is
hereby amended to read as follows:
· CONTINUOUS SERVICE."
(1) Uninterrupted service by a member (expressed as
years and completed months) from the date he last entered employment
as an employee until the date his employment is terminated by death,
disability, retirement, resignation or discharge.
(2) However, the continuous service of any member
shall not be deemed to be interrupted by:
(a) Any authorized leave of absence or vacation,
provided all members similarly situated in similar circumstances shall
be treated alike pursuant to uniform, nondiscriminatory rules. No
credit for benefit eligibility for computation purposes under the
system shall be allowed for any such period of leave of absence.
(b) Any service, whether voluntary or
involuntary, in the armed forces of the United States, provided
the member is legally entitled to reemployment under the
provisions of the Uniformed Services Employment and Reemployment
Rights ~ct of 1~4 ~¢~ /T~~ /~ /~¢¢ /~¢~ an~ any
amendments thereto, or any law applicable to such reemployment, and
provided that a member shall apply for reemployment within three
months following termination of such service, or as otherwise allowed
by the Uniforme~ Services Employment and Reemplo~men~ Rights A¢~ of
1~4 and any amendments thereto. Nothing aforementioned shall serve
to reduce the accrued accredited services of the members on the
effective date of the plan.
(3) Continuous service shall also include, for
reemployed members, those years and completed months for which
the reemployed member had withdrawn his contributions to the
Trust Fund, where the reemployed member repays into the Fund the
cOntributions he had withdrawn, with interest based upon the
plan's annual total rate of return for the pension funds, as
computed by the actuaries or the City, for those years and
completed months, within ~0 days after his reemployment date. A
reemployed member may also repay only a portion of the withdrawn
funds with interest .and receive a like credit for continuous
service~ however, repayments, whether partial or total, shall
only be permitted once within the ~0-day limit.
~ That Title III, "Administration", Chapter 33,
'Police and Fire Departments", Section 33.62, 'Benefit Amounts and
Eligibility", Subsection (D), 'Preretirement Death", paragraph
'Service incurred", of the Code of Ordinances of the City of Delray
Beach, be, and the same is hereby amended to read as follows:
(D) Prerettrement death.
(1) Service incurred. A death benefit shall be
payable on behalf of any member who dies as a direct result of an
occurrence arising in the performance of service. These benefits
are not to be limiting to other benefits available under state
law. The benefits shall be payable as follows~
- 2 - Ord No §0-9
(a) To the spouse, until the earlier of death or
remarriage, a monthly benefit equal to fifty percent (50%) of the
member's average monthly earnings; or to a designated beneficiary
or beneficiaries other than the spouse, until death, a monthly
benefit equal to the actuarial equivalent of a lifetime benefit
payable to the member if the amount of fifty percent (50%) of the
member's average monthly earnings at ~ate of death, plus
(b) 1. For each unmarried child until he or she
shall have reached the age of eighteen (18) years, and for each
unmarried child from age 18 until age 22 who is a full-time
student in a fully accredited high school, college or university,
there shall be paid in equal monthly installments, an amount
equal to 'five percent (5%) of the average monthly earnings
subject to an overall limitation of a total of sixty percent
(60%) of average monthly earnings for the spouse and children
combined. The nonstudent child's pension shall terminate on the
earlier of death, marriage or the attainment of age 18. The
pension of a child who is a student shall terminate on the
earlier of death, marriage or the attainment of age 22. Legally
adopted children shall be eligible the same as natural children.
2. Upon remarriage or death of the spouse,
the five percent (5%) child allowance shall be increase~ to ten
percent (~0%) for each child, not to exceed a combined total of
thirty-five percent (35%) of the member's average monthly
earnings. The trusteeship and disbursements of the pension to
any child shall be ~etermined by the Board of Trustees.
~c~ Notwithstanding any Drovtsion of thi~
subsection to the contrary, the survivin~ SPOUSe of any me~ber killed
in the line of duty shall not lose death ~enefits ugon ~emarria~e.
~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
~eclared 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.
- 3 - Ord. No. 50-95
~ That Section 1 of this ordinance shall take
effect upon final adoption. Section 2 shall take effect July 1, 1994,
and the death benefits payable to the spouse of a member who was
killed in the line of duty which were terminated by reason of the
spouse's remarriage prior to that date shall be reinstated as of July
1, 1994, at an amount that would have been payable had such benefit
not been terminated.
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of September , 1995.
ATTEST:
'Cit~-Cltrk '
First Reading September 5, 1995
Second Reading September 19t 1995
- 4 - Ord. No. 50-95
M E M 0 R A N D,U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /D.~ - MEETING OF SEPTEMBER 19. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 50-95
(POLICE AND FIREFIGHTER PENSION PLAN)
DATE: SEPTEMBER 14, 1995
This is second reading and public hearing for Ordinance No. 50-95
which amends the Police and Firefighter Pension Plan as follows:
(1) The definition of "continuous service" is revised to reflect
the Federal Uniformed Services Employment and Reemployment
Rights Act of 1994.
(2) Seotion 33.62(D)(1)(c) is added to conform with recent changes
in state law. It provides that when a police officer or
firefighter is killed in the line of duty, death benefits
payable to the spouse under Chapter 175/185 Pension Plans do
not terminate upon the spouse's remarriage.
(3) The effective date of Section 2 of the ordinance is July 1,
1994, and it reinstates such death benefits as of July 1,
1994, according to law.
At first reading on September 5, 1995, the Commission passed the
ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 50-95 on second and final
reading.
ref:agmemol7
RECEIVED
[lTV DF DELl:II:IV BEI:I£H
CITY ATTORNEY'S OFFICE
AlI.Ame~a Ci~ ~MO~~
DATE: Au~st 22, 1995
1993
TO: Ci~ Comssion
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance 50-95 Amending Police and Firefighter Pension Plan
This ordinance amends the Police and Fire Pension Ordinance as follows:
1. The definition of "continuous service" is revised to reflect the Federal Uniformed
Services Employment and Reemployment Rights Act of 1994.
2. Section 33.62(d)(1)(c) is added to conform with recent changes in state law which
provides that death benefits payable to a spouse of a police officer or fn'efighter
under 175/185 Pension Plans do not terminate upon the spouse's remarriage.
3. The effective date of the ordinance relates back reinstating such benefits as of July 1,
1994 according to law.
By copy of this letter to David Harden, City Manager, our office requests that this
ordinance be placed on the City Commission September 5, 1995 agenda for City
val.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk C~ ]-5' J C~ ~
pension4.sar
/- 73]~0 (~lBIIrlrlN ~lO&O, ~,UIT~' 4100
July 17, 1995
James W. Linn, Esq..~ .............. ;~.
215 South Monroe Street, Suite 702
Tallahassee. Florida 32302
Re: City of Delrey Beach Police and Firefit,,hters
Retirement System
Dear Jim:
We have reviewed the proposed amendment which was attached to your letter of July ].4th.~ In our
opinion, the actuarial impact of these chan~es will be nel~lil~ible.
Please contact us if there are any questions.
Sincerely yours,
J. Stephen Palmquist
JSP/or
CC: Ann Woods
07/19/95 WED 13:43 [TX/I~ NO 5764]
8/15/95
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND
FIRE DEPARTMENTS", "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY", TO PROVIDE BENEFITS TO THE SURVIVING
SPOUSE OF A MEMBER WHO IS KILLED IN THE LINE OF DUTY,
NOTWITHSTANDING THE SPOUSE'S REMARRIAGE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has enacted and the
Governor has allowed to become law Ch. 94-171, Laws of Florida,
requiring certain benefits be paid to the surviving spouse of a
police officer or firefighter who is killed in the line of duty;
and
WHEREAS, the City of Delray Beach Pension Ordinance for
police officers and firefighters must be amended to comply with
Ch. 94-171, Laws of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 33.60, "Definitions", the
definition of "Continuous Service" is amended to read as follows:
"CONTINUOUS SERVICE."
(1) Uninterrupted service by a member (expressed as
years and completed months) from the date he last entered
employment as an employee until the date his employment is
terminated by death, disability, retirement, resignation or
discharge.
(2) However, the continuous service of any member
shall not be deemed to be interrupted by:
(a) Any authorized leave of absence or vacation,
provided all members similarly situated in similar circumstances
shall be treated alike pursuant to uniform, nondiscriminatory
rules. No credit for benefit eligibility for computation
purposes under the system shall be allowed for any such period of
leave of absence.
(b) Any service, whether voluntary or
involuntary, in the armed forces of the United States, provided
the member is legally entitled to reemployment under the
provisions of the Uniformed Services Emp.loyment and Reemployment
Riqhts Act of 1994 ~T~ ...... ~ ~-~ .... ~ ~ .... ~- Act and any
amendments thereto, or any law applicable to such reemployment,
and provided that a member shall apply for reemployment within
three months following termination of such service, or as
otherwise allowed by the Uniformed Services Employment and
Reemployment Riqhts Act of 1994, and any amendments thereto.
Nothing aforementioned shall serve to reduce the accrued
accredited services of the members on the effective date of the
plan.
(3) Continuous service shall also include, for
reemployed members, those years and completed months for which
the reemployed member had withdrawn his contributions to the
Trust Fund, where the reemployed member repays into the Fund the
contributions he had withdrawn, with interest based upon the
plan's annual total rate of return for the pension fund~, as
computed by the actuaries or the city, for those years and
completed months, within 90 days after his reemployment date. A
reemployed member may also repay only a portion of the withdrawn
funds with interest and receive a like credit for continuous
service; however, repayments, whether partial or total, shall
only be permitted once within the 90-day limit.
Section 2. That Section 33.62, "Benefit Amounts and
Eligibility", subsection (D), "Preretirement Death", paragraph
(1), "Service incurred," is amended to read as follows:
Section 33.62 Benefit Amounts and Eliqibility.
(D) Preretirement Death.
(1) Service Incurred. A death benefit shall be
payable on behalf of any member who dies as a direct
result of an occurrence arising in the performance of
service. These benefits are not to be limiting to
other benefits available under state law. The benefits
shall be payable as follows:
(a) To the spouse until the earlier of death or
remarriage, a monthly benefit equal to 50% of the
member's average monthly earnings; or to a designated
beneficiary or beneficiaries other than the spouse,
until death, a monthly benefit equal to the actuarial
equivalent of a lifetime benefit payable to the member
in the amount of 50% of the member's average monthly
earnings at date of death, plus
(b) l. For each unmarried child until he or she shall
has reached the age of 18 years and for each unmarried
child from age 18 until age 22 who is a full time
student in a fully accredited high school, college or
2
university, there shall be paid in equal monthly
installments an amount equal to 5% of the average
monthly earnings subject to an overall limitation of a
total of 60% of average monthly earnings for the spouse
and children combined. The non-student child's pension
shall terminate on the earlier of death, marriage, or
the attainment of age 18; the pension of a child who is
a student shall terminate on the earlier of death,
marriage, or the attainment of age 22. Legally adopted
children shall be eligible the same as natural
children.
2. Upon remarriage or death of the spouse, the 5%
child allowance shall be increased to 10% for each
child, not to exceed a combined total of 35% of the
member's average monthly earnings. The trusteeship and
disbursements of the pension to any child shall be
determined by the Board of Trustees.
(c) Notwithstanding any provision of this subsection
to the contrary, the survivinq spouse of any member
killed in the line of duty shall not lose death
benefits upon remarriaqe.
Section 3. 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 decisions shall not affect the validity of the
remainder hereof as a whole part thereof other than the part
declared to be invalid.
Section 4. That Section 1 of this ordinance shall take
effect upon final adoption, Section 2 shall take effect July 1,
1994, and the death benefits payable to the spouse of a member
who was killed in the line of duty which were terminated by
reason of the spouse's remarriage prior to that date shall be
reinstated as of July 1, 1994, at an amount that would have been
payable had such benefit not been terminated.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAYOR
Attest:
City Clerk
First Reading:
Second Reading:
clb3 7pen. ord