Ordinance No. 22-24ORDINANCE NO.22-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH,FLORIDA,AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH,CHAPTER 35 "EMPLOYEE POLICIES AND
BENEFITS",SUBHEADING "RETIREMENT PLAN",BY
AMENDING SECTION 35.105,"ADMINISTRATION BY
RETIREMENT COMMITTEE"TO PROVIDE FOR
COMMITTEE MEMBER TERM LIMITS;PROVIDING A
CONFLICTS CLAUSE,A SEVERABILITY CLAUSE,
AUTHORITY TO CODIFY,PROVIDING AN EFFECTIVE
DATE,AND FOR OTHER PURPOSES.
WHEREAS,the City of Delray Beach General Employees'Retirement Plan ("Plan")was
established by ordinance of the City Commission to provide retirement and disability benefits to
city employees and their beneficiaries;and
WHEREAS,the City Commission has determined it to be in the best interest of the City
and its employees to amend the General Employees'Retirement Plan to provide length of terms
and term limits for members of the Retirement Committee;and
WHEREAS,to implement such changes,it is necessary to adopt an ordinance amending
the City's Code of Ordinances.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1.
read as follows:
That Section 35.105(A)of the Code of Ordinances is hereby amended to
Sec.35.105.ADMINISTRATION BY RETIREMENT COMMITTEE.
(A)[Retirement Committee Established.]
(I)The plan will be administered by the Retirement Committee (herein referred to as the
Committee)appointed by the City Commission,consisting of five (5)members.
(a)One member shall be the Chief Financial Officer of the City.If the Chief Financial
Officer cannot serve for any reason,the Treasurer of the City will take his or her
place.The City Commission shall appoint four (4)additional members,three (3)
of whom may,but need not,be employees of the City and one that may,but need
not be an employee of the City or the Mayor or City Commissioner.Each
appointed member shall serve until a successor is appointed in like manner.
(hl Notwithstanding the provisions of paragraph (a)above,the term s of all appointed
Committee members serving on [effective date of this ordinance]shall end on
September 30,2024,Four members shall be appointed with term s commencing on
October I,2024 as follows.Two members (who may be currently serving
members)shall be appointed by the City Commission to serve an initial term of
three (3)years,and two members (who may be currently serving members)shall
be appointed by the City Commission to serve an initial term of four (4)years.All
subsequent terms thereafter shall be for a term of four years.
(c)No appointed member shall serve more than two (2)successive terms (original
term,plus one additional term).An appointed member who was serving on
[effective date of this ordinance)and is appointed to serve a term commencing
October I,2024 shall be eligible to serve two (2)full successive terms thereafter.
A member who has been appointed to fill an unexpired term shall remain eligible
to serve two (2)full successive terms.
(ill Upon completion of the maximum allowable two (2)full terms of membership as
described above,no appointed Committee member shall be eligible for
reappointment for a period of one year.
(e)An individual member of the Committee may resign by delivering his written
resignation to the City Commission and to the other members of the Committee.
The City Commission may remove an individual member of the Committee by so
notifying the member and other Committee members,if any,in writing.Vacancies
on the Committee shall be filled by City Commission appointment.
(B)(H)(These subsection shall remain in full force and effect as adopted.)
Section 2.
are hereby repealed.
All ordinances or parts of ordinances in conflict herewith be,and the same
Section 3 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 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 4.Specific authority is hereby given to codify this Ordinance.
Section 5.This Ordinance shall become effective immediately upon its passage on
second and final reading.
,,.u _PAW,AND ADOPTED in regular session on second and final
_7r_-câay o ~,2024.
ATTEST:
reading on this the
First Reading
Second Reading
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