Ord 32-07
ORDINANCE NO. 32-07
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELR.AY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT",
PROVIDING UP TO ONE ADDITIONAL YEAR OF
CREDITED SERVICE FOR CERTAIN EMPLOYEES
WHO ELECT TO TERMINATE CITY EMPLOYMENT
AND RETIRE ON OR BEFORE SEPTEMBER 30, 2007;
PROVIDING A GENERAL REPEALER CLAUSE; A
VALIDITY CLAUSE; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby
amended by amending section 35.097, "Retirement Income; Basis, Amount and
Payment", subsection (IVi), "Early retirement Incentive", to read as follows:
Sec 35 097 RETIREMENT INCOME• BASIS AMOUNT AND PAYMENT.
(M) Early Retirement Incentive.
(1) Effective October 1, 2002, an early retirement incentive program shall
be provided in accordance with this Section. The availability of the early
retirement incentive in any plan year shall be determined by the City. The
City shall provide all eligible employees with at least thirty (30) days advance
notice that the early retirement incentive will be offered. The early retirement
incentive program shall be voluntary for all eligible employees.
(2) Employees who are one hundred (100) percent vested and within two
(2) years of their earliest normal retirement date at the beginning of the plan
year in which the early retirement incentive is offered shall be eligible for the
early retirement incentive. In any plan year in which the early retirement
incentive is offered, eligible employees shall be given an opportunity to elect
the early retirement incentive within sixty (60) days following receipt of
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notice that the early retirement incentive is being offered. The employee s
election shall be made in writing on a form provided by the City, and shall be
irrevocable.
(3) Eligible employees who elect the early retirement incentive shall have
their retirement benefit calculated in accordance with Section 35.097(A),
based on credited service and final monthly compensation as of the last day
of employment. There shall be no actuarial reduction as defined in Section
35.097(B)(2). Employees who elect the early retirement incentive shall
immediately retire and terminate City employment.
(4) Effective September 1, 2007 through September 30, 2007 any eligible
employe who elects the earl retirement incentive and any employee age 58
or older who elects to terminate City employment and retire on or before
September 30, 2007 shall receive un to one additional year of credited
service at no cost to the employee for the purpose of calculating the
employee's normal retirement income• provided in no event shall any
em_ploXee's credited service exceed 30 years.
j,S~An employee who elects to receive the early retirement incentive under
this subsection cannot also participate in the Deferred Retirement Option
Plan under Section 35.110.
'on 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Sec~on 33. That if any section, subsection, paragraph, sentence or word
or other provision of this ordinance, or any portion thereof, or its application to any person
or circumstance, be declared by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any other section, subsection,
paragraph, sentence or word or provision or its application to other persons or
circumstances and shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
2 ORD NO.32-07
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Section 4. That this ordinance shat
passage on second and final reading.
PASSED AND ADOPTED in regular s
this the 4`~ day of September, 2007.
ATTEST:
~. ~~
City Clerk c~
First Readin ~ °~`
Second Reading ~ ~ ~~
CITE OF DELRAM BEACH
DELRAY BEACH ~ ~ y~
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All-America City
1993 CERTIFICATION
zoos
I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 32-07, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 4th day of September
2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 5th day of
September, 2007.
~.
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~j~
SUBJECT: AGENDA ITEM # JDr l7 -REGULAR MEETING OF SEPTEMBER 4, 2007
ORDINANCE NO. 32-07 GENERAL EMPLOYEE PENSION PLAN -
"EARLY RETIREMENT INCENTIVE"
DATE: AUGUST 29, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for an ordinance amending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by
amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1)
additional year of credited service for certain employees who elect to terminate City employment and
retire on or before September 30, 2007.
BACKGROUND
At the first reading on August 21, 2007, the Commission passed Ordinance No. 32-07.
RECOMMENDATION
Recommend approval of Ordinance No. 32-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Chdinance Agenda Memos\Ord 32x07 Grned Employee Prnsion Plan -Fatly Retirement Incentive 09.04.07.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
DAVID T. HARDEN, CITY MANAGER
FROM: SUSAN A. RUBY, CITY ATTORNEY
DATE: AUGUST 7, 2007
SUBJECT: AGENDA ITEM # I ~ • ~ REGULAR MEETING OF AUGUST 21.2007
ORDINANCE N0.32-07 -AMENDMENT TO GENERAL EMPLOYEES'
PENSION PLAN -EARLY RETIREMENT INCENTIVE
ITEM BEFORE COMMISSION
The item before Commission is Ordinance No. 32-07 which is an amendment to the early retirement
incentive in the General Employees' Pension Plan.
$ACKGROUND
Ordinance No. 32-07 amends Chapter 35, "Employees Policies and Benefits", subheading,
"Retirement Plan" by amending Section 35.097, "Retirement Income, Basis Amount and Payment",
subsection (M), "Early Retirement Incentive", to provide an incentive of an additional year of
credited service to those eligible employees who desire to retire on or before September 30, 2007.
FUNDING SOURCE
N/A
RECOMMENDATION
City Staff recommends approval of Ordinance 32-07.
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City-Clerk
ORDINANCE NO. 32-07
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT",
PROVIDING UP TO ONE ADDITIONAL YEAR OF
CREDITED SERVICE FOR CERTAIN EMPLOYEES
WHO ELECT TO TERMINATE CITY EMPLOYMENT
AND RETIRE ON OR BEFORE SEPTEMBER 30, 2007;
PROVIDING A GENERAL REPEALER CLAUSE; A
VALIDITY CLAUSE; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Dekay Beach is
hereby amended by amending section 35.097, "Retirement Income; Basis,
Amount and Payment", subsection (M), "Early retirement Incentive", to read as
follows:
Sec 35 097 RETIREMENT INCOME• BASIS AMOUNT AND PAYMENT.
(M) Early Retirement Incentive.
(1) Effective October 1, 2002, an early retirement incentive program
shall be provided in accordance with this Section. The availability of the
early retirement incentive in any plan year shall be determined by the City.
The City shall provide all eligible employees with at least thirty (30) days
advance notice that the early retirement incentive will be offered. The
early retirement incentive program shall be voluntary for all eligible
employees.
(2) Employees who are one hundred (100) percent vested and within two
(2) years of their earliest normal retirement date at the beginning of the
plan year in which the early retirement incentive is offered shall be
eligible for the early retirement incentive. Iri any plan year in which the
early retirement incentive is offered, eligible employees shall be given an
opportunity to elect the early retirement incentive within sixty (60) days
following receipt of notice that the early retirement incentive is being
offered. The employee's election shall be made in writing on a form
provided by the City, and shall be irrevocable.
(3) Eligible employees who elect the eazly retirement incentive shall have
their retirement benefit calculated in accordance with Section 35.097(A),
based on credited service and final monthly compensation as of the last
day of employment. There shall be no actuarial reduction as defined in
Section 35.097(B)(2). Employees who elect the early retirement incentive
shall immediately retire and terminate City employment.
(4) Effective September 1, 2007 throu l~September 30, 2007, any
eligible employee who elects the eazly retirement incentive and anv
employee age 58 or older who elects to terminate City employment and
retire on or before September 30, 2007, shall receive up to one additional
yeaz of credited service, at no cost to the employee, for the purpose of
calculating the employee's normal retirement income; provided, in no
event shall anv employee's credited service exceed 30 years.
~_An employee who elects to receive the eazly retirement incentive
under this subsection cannot also participate in the Deferred Retirement
Option Plan under Section 35.110.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That if any section, subsection, paragraph, sentence or
word or other provision of this ordinance, or any portion thereof, or its application to any
person or circumstance, be declazed by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any other section,
subsection, paragraph, sentence or word or provision or its application to other persons or
circumstances and shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declazed to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading
on this the _ day of , 2007.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD N0.32-07
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www.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, August 24-25, 2007
j CiIYOFDELRAY BEACH,FLORIDA~
NOTICE OF PUBLIC. HEARING
A PUBLIC HFARMIG wiq be held on
•rie blowrirKJ proposed ordinances at
-7:00 p.m. on TUESDAY, SEPTEM-
BER 4, 2007 or at arty oontintta6on of
such meeting which is set by the
Commission), in the City Commission
Chambers, 100 N.W. 1st Avenue, Del-
ray Beach. Fbrida, a1 which time the
City Commission wdl consider their
adoption. The proposed ordinances
may be inspected at the Office tN the
City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Fbrida, be-
tween the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. Aq interested parties are in-
vited to attend and be heard with re-
spell to the proposed ordinances.
ORDINANCE NO.2fi-07
AN ORDINANCE OF THE CITY COM-
MLSSION OFTHE CITY OF DELRAY'
BEACH, FLORIDA, AMENDING
CHAPTER TWO, 'ADMINISTRATIVE
PROVISIONS', OF THE LAND DE•.
VELOPMENT REGULATIONS OF
THE CRY OF DELRAY BEACH, BY ',
ENACTING SECTION 2.4.7(G],'
'REQUESTS FOR REASONABLE
ACCOMMODATION', IN ORDER TO
PROVIDE PROCEDURES FOA kIAN-
OLINCt AND PROCESSING RE-
QUESTS FOR ACCOMMODATION
FROM`THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAV-
MG CLAUSE, A GENERAL REPEAL-
ER CLAUSE, AND AN EFFECTIVE
DATE
ORDINANCE N0.32-07
AN ORDINANCE OF THE CITY:COM-
MISSION OF THE CRY OF DELAAY
BEACH, FLORIDA,. AMENDING
CHAPTER 35, 'EMPLOYEES POLI-
CIES AND BENEFITS°, SUBHEAD-
ING. °RETIREMENT PLAN', OF THE
CODE OF ORDINANCES OF THE
~'~ CRY OF DELRAY BEACH, FLORIDA,
BYAMENDING SECTION 35.097,
'RETIREMENT INCOME; BASIS,
AMOUNT AND PAYMENT", PROVID-
ING UP TO ONE ADDITIONAL YFAR
OF CREDITED SERVICE Fqi CER-
TAIN EMPLOYEES WHO ELECT TO
TERMINATE CITY EMPLOYMENT
AND RETIRE ON OR BEFORE SEP-
TEMBER 30, 2007; PROVIDING A
G!'NERAL REPEALER CLAUSE; A
VALIDITY CLAUSE; AND AN EF-
FECTIVE DATE.
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES°, OF THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY
AMENDING SECTION 96.66.
'EMERGENCY MEDICAL TRANS-
PORTATION FEES', SUBSECTION
96.66(A), TO ADJUST THE FEE
SCHEDULE FOR EMERGENCY
MEDICAL TRANSPORTATpN IN AG
CORDANCE WITH THE NATIONAL
AMBULANCE FEE SCHEDULE;PRO-
VIDING ASAVING CLAUSE, A GEN-
ERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
Please be advised Thal it a person de-
cides to appeal any decision made by
the City Commission with respect la
any matter considered at These hear-
ings, such person may need to ensure
that a verbatim record includes the
testimony and evidence upon which
the appeal is to be based. The Cily
does not provide nor prepare such
reeoM pursuant t0 FS. 286.070.5.
CITY OF DELRAY BEACH
Chevelle 0. Nubin, CMC
CiryClerk
Pubksh~ Friday, August 24, 2007
Roca Ratorv0elray Beach News ,
13 Ib'I
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