Loading...
04-22-74 297 APRIL 22~ 1974 A regular meeting of the City Council of the City of Delrsy Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, April 22, 1974, with Mayor James H. Scheifley presiding and City Manager J. Eldon Mariott, City Attorney G.. Robert Fellows, Council members Grace S. Krivos, David E. RandolPh, J. L. Saunders and Leon M. Weekes present. 1. The opening prayer was delivered by'Rev. W~itney Church of St. Matthew's Episcopal Church of De!ray Beach. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of April 8, 1974, and the special meeting of April !1, 1974, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Randolph. 4.a. Mrs. Krivos questioned the type of contract into which Palm Beach County and Mr. and Mrs. Joseph Gwynn had entered concerning pur- 'chase of property on South A1A for parking purposes. She stated she had read in the Commercial Record that the County has filed notice of action in E~minent Domain proceedings against Mr. and Mrs. Gwynn. The City Attorney stated this was standard procedure in such a purchase, was a part of this contract, and was based on the General Statutes. 4.b. Mr. Weekes stated he was increasingly concerned-about the Council's lack of action on various recommendations of the Planning and Zoning Board which have been accumulating since November, 1973. This inaction apparently is causing delays and hardships on the citi-' zens involved. Mr. Weekes requested that this be taken under considera- tion at the earliest possible time. Professor Bartley, University of Florida, is an expert in the field of Zoning and has been retained by the City to review several aspects of the Planning and Zoning Ordi- nances. The City Manager stated Professor Bartley has bDen given 11 items to review and his report is expected in a few days. 4. c. Mayor Scheifley read a Proclamation proclaiming the week of April 28 through May 4, 1974, as Beta Sigma Phi Week. Mrs. Donna . Schiffermuller accepted the Proclamation and thanked the Council. 5.a. Mrs. Phyllis Carey, 524 Andrews Avenue, Delray Beach, requested that several persons be allowed to speak to Item 9a, the Conditional Use of a Child Care Center. Mayor Scheifley acknowledged the request. 5. b. Mr. Gary Bell, 1685 Royal Palm Way, Boca Raton, requested per- mission as a representative of the Circle K Club of Florida Atlantic .Child Development Center on Saturday, May 11, 1974. He requested permission to solicit in the major intersections in town. The city Attorney reported this was -~ainst the Ordinance due to traffic hazards. It was suggested Mr. Bell talk with Mr. Ken Ellingsworth of the Solici- tation Committee, to 9rrange to solicit funds on the sidewalks of the downtown area. 5.c. Mr. Robert Chapin, Attorney, reported on the suit involving the United Farm Workers of Florida Housing Project, Inc. against the City, 298 the men~ers of the City Council, the Area Planning Board and the Florida State Department of Pollution Control. The opinion rendered by the District Court in West Palm Beach and the opinion rendered by the Fifth Circuit Court of Appeals in Louisiana have been distributed to Council and the City Administration. Mr. Chapin stated after his careful consideration of both opinions of the courts, he would recom- mend that no appeal'Re filed to the Supreme Court of the United States. He requested the four members of Council sign the proposed letter delivered to the City ~anager subject to the approval of the City Manager, the City Attorney and the Publi~' Utilities Department. This letter, if signed, would be sent to the United Farm Workers. Mr. Chapin stated he would readily appeal the case to the United States Supreme Court if he felt the case involved an issue of law of great national interest. However, he felt it involved interpretation rath~er than law. The Circuit Court of Appeals found the refusal to make an exception for minority citizens while making exceptions in four or five cases in the past 12 years dictates a finding of discrimination. He further explained "vis-a-vis, minority citizens ~eeking to build low income housing, any act by a municipality is suspect unless that municipality shows its actions were motivated by compelling interests of local governmental concern". The District Court found such interests; the Court of Appeals rejected the interests asserted by the City of Delray Beach. Mr. Chapin stated this case is in line with 7 or 8 other deci- sions rendered throughout the country and the Supreme Court has declined to hear an appeal in any of these cases. Mayor Scheifley stated he felt Council members would have questions and requested the matter be dis- cussed in a workshop meeting.' Council members expressed a willingness to sign the letter. No official action of the City is required. Mrs. Krivos expressed appreciation to Mr. Chapin for his work in this matter. 5.d. Mr, Roy Simon, 201N.W. llth Street, Delray Beach, requested that the citizens be informed about the case just discussed. Mayor Scheifley stated this would be discussed at the next workshop meeting and the public and news media would be invited. 6.a. The City Manager stated the Evening Garden Club had contacted the City with the idea of beautifying the median strip on West Atlantic Avenue in the area of Homewood Boulevard and extending eastward to the western terminus of the presently landscaped median. T~e estimated cost of this landscaping is $8,800. The Garden Club is offering 'to pay $3,500 of the cost, leaving the City to pay a balance of $5,300. Coun- cil had discussed this project and it is recommended that positive. action be taken. The City funds would be taken from budgeted funds from the Parks and ~Recreation Budget. Mr. Weekes moved to authorize the administration to proceed with the beautification of the median strip on West Atlantic Avenue in conjunction with the Evening Garden Club, seconded by Mr. Saunders, said motion passing unanimously. 6.b. City Manager Mariott reported the term of Mr. William J. Howard as a member of the City Civil Service Board expired on April 1, 1974. It is recommended Mr. Kenneth Durante be appointed to fill this vacancy, .said term to expire on April 1, 1978. Mr. Randolph moved for the 'appointment of Mr. Kenneth Durante for a period of four years to the Civil Service Board, seconded by Mr. Saunders, said motion passing unanimously.- Mayor Scheifley welcomed Mr. Durante as a member of the Board. Mayor Scheifley then thanked Mr. Howard for his contribution to the City. 6.c. The City Manager stated the terms of James J. Postma and Haild Zeder as regular members, and Quinton G. Minor and James V. Pignato as 299 Alternate Members of the Board of Adjustment expired on March 15, 1974. The Board of Adjustment has recommended to Council that regular members James J. Postma and Haild Zeder and Alternate member'James V. Pignato be reappointed and that R. P. Price be appointed as an alternate member to serve three-year terms expiring on March 15, 1977. A copy of a letter from the Board of Adjustment dated April 3rd was furnished Council. Mr. Saunde~s moved to follow the recommendations of the Board of Adjustment and appoint the above named persons, seconded by Mr. Randolph, said motion passing unanimously. 6.d. The City Manager suggested appointments to the Board of Trus- tees of the Police Officers and Volunteer and Regular Full-Time Firemen be tabled until the next regular Council meeting. Council agreed to this deferment. 8.a. The City Manager presented Ordinance No. 12-74. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING INTO LAW AN A~NDED PENSION PLAN FOR POLICE OFFICERS, A~rD VOLU~TEER A~D REGULAR FULL-TI~E FIRE- MEN; PROVIDING FOR AN ORDERLY TRANSFER OF FUi~DS TO THE NEW FU~ND; PROViDIi~G FOR THE ELECTION OF NEW TRUSTEES; PRESERVING ALL ACCRUED BE~/EFITS TO DATE FOR THE POLICE OFFICERS, AA~D VOLUNTEER AND REGULAR FULL-TI~E FIRE~SEN; PROVIDING A SAVING CLAUSE; RE- PEALING ALL ORDI>~NCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 12-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hear- ing was closed. Mr. Randolph moved f6r the adoption of Ordinance No. 12-74 on second and final reading, seconded by Mrs. Krivos, Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Ordinance No. 13-74. AN ORDINANCE OF THE CITY OF DELRAY BEACH,. FLORIDA, ENACTING INTO I~AW AN A~NDED PENSION PLAN FOR TP~E GENERAL E~[PLOYEES OF THE CITY; PROVIDING FOR AN INCREASE IN BENEFITS; ADDITIONAL EMPLOYEE CONTRI- BUTION; PRESERVING ALL ACCRUED BENEFITS; PROVIDING A SAVING CLAUSE; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING AN EFFECTIVE DATE.' (Copy of Ordinance No. 13-74 is a~tached to' the official copy 'of these minutes.) '~ A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the C~ty of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the adoption of Ordinance No. 13-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. -3- 3OO X__~. Captain Robert Slager of the city Fire Depar{ment spoke to Council %banking the City Administration and Council for their efforts in updating the Pension Plans for city employees. He presented a letter of commendation with signatures of the employees expressing appreciation for the efforts involved. 8.c. The City Manager presented Ordinance No. 17-74. AN oRDINANCE OF T~iE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A_~rD PLACING PRESENTLY ~.O~.?ED SC SPECIALIZED CO~E.'~RCIAL DISTRICT IN "C-1 LIMITED CO~5~RCIAL DISTRICT", BEING LOTS 15, 16 AND 17, BLOCK 113,· AND LOTS 1 T~_IROUGH 10, BLOCK 114, AND LOTS 1 THROUGH 10, BLOCK 115, DELRAY BEACH, FLORIDA; A~D AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 17-74 is .attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hear- ing was closed. Mr. Saunders moved for the adoption of Ordinance No. 17-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 18-74. AN ORDIk~NCE OF THE CITY COIINCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAA~D PRESENTLY ZOATED C-1 LIMITED CO~L~CIAL DISTRICT IN "SC SPECIALIZED CO~.~RCiAL DISTRICT", BEI~IG LOTS 1 THROUGH 11, LOTS 34 THROUGH 39, AND LOTS 62, 63 AND 64, AND THAT PART OF ABAAqDONED N.E. 7TH COURT, LYING BETWq~EN N.E. 5TH AVENUE AND. N.E. 6TH AVENUE, MCGINLEY AND GOSMAN'S SUBDIVISION; LOTS 8 THROUGH 31, HOFMAN ADDITION; LOTS 4, 5 AND 6, HALLER A~ND GROOTMAN'S SUBDIVISION; ABID LOTS 1 AND 2, BLOCK 105, HIGHLANqD PARK SUBDIVISION, DELRAY BEACH, FLORIDA; AND AMEATDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 18-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There ~e~n~ ~ .... ~ ~3~~=,~^-~"'~~ the Public llear- ing was closed. Mrs. Krivos moved ~or the. adoption of Ordinance No. 18-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph- Yes; Mr. Saunders - Yes; Mr. Weekes -'xes; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance No. 19-74. 4-22-74 301 AN ORDInaNCE OF TI-~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, P~EZOI}ING AND PI~ICING PRE- SENTLY ZONED R-1AA SINGLE FAMILY D~TELLING DISTRICT I~AI~DS IN "C-1 LIMiteD CO)H~IERCIAL DISTRICT", BEING T~tE SOUT~-t 200 FEET OF THE NOR%TI 327 FEET OF-LOT 38, SECTION 9, TO?~qS,qIP 46 SOUTH, RA~:GE 43 EAST, LYING BE%~EEN THE WEST RIGHT-OF-WAY LINME OF U.S. HIGHWAY NO. ! AND THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGPE~AY; A~hID REZONING A~VD PLACING PRE- SENTLY ZONED P~-15 MULTIPI~E FAMILY DWELLING DISTRICT LANDS IN."C-1 LIMITED CO~'E~RCIAL DISTRICT", BEING BLOCK 1, SOPHIA FREY SUBDIVISION, AND THAT PORTION OF LOT 4, SECTION 9, TOW~NSHIP 46 SOUTH, PLANGE 43 EAST, LYING BET~ZEEN THE WEST RIGHT-OF-WAY LINE OF U.S. HIGPZ',~AY NO. 1 AND THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGPE~,~AY, DELRAY BEACH, FLORIDA; AND AMENDING Ti~E "ZONING ~LAP OF THE CITY OF DELRAY BEACH, FLORIDA, 1972". (Copy of ordinance No. 19-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hear- ing was closed. Mr. Weekes moved for'the adoption of Ordinance No. ~19-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders -Yes; Mr. Weekes -Yes; Mayor Scheifley- Yes. 8.f. The City Manager presented Ordinance No. 21-74. AN ORDINANCE OF THE CITY COUY~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LA_hID LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LALUD IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID -- CITY, AND REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND. City Manager Mariott stated this was a 34 acre tract of 1.and presently owned by the City in Section 8, Township 46 South, Range 43 East, located south of the Lake Worth Drainage District Lateral No. 30 Canal between Congress Avenue and the Seaboard Airline Railroad tracks, subject to P~M-15 (Multiple Family) District. The new regional sewage treatment plant is to be constructed on this site. A sketch was projected showing the location of the property. The .Planning and Zoning Board has recommended the property be annexed subject to P~q-!5 zoning. It was ascertained a sewage treatment plant or any governmental function is allowed in any zone. Mr. Saunders meved th~_t Ordinance No. 21-74 be placed on first reading, seconded' by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes;.~.tr. Randolph - Yes; MrS. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 9.a. The City Manager stated the Planning and Zoning Board at a meetzng held on April 10th, by a vote of 4 to 1, recommended that Coun- cil not approve the request for conditional use for the operation of.' a child care center at 215 S.E. 1st Avenue, being Lots 6 and 7, Block 79, Town of Delray. The four members of the Planning and Zoning Board -5- 4-22-74 302 who voted not to approv~ the center were members Cook, Gent, Poole and Wallin. Mr. Pompey voted to approve the center; Mr. Roy Simon absented himself from the meeting for the vote; and Mr. Kenneth Jacobson was absent from the meeting. The Board of~Adjustment on April llth voted unanimously to approve setback variations for this use. The City Manager stated the Board of Adjustment has final authority to approve or deny variations of this type subject only to review by a Court. Mayor Scheifley stated Council shculd make a motion and receive a second prior to discussion from the public. Mr. Randolph moved not 'to sustain the recommendation of the Planning and Zoning Board and that the request for conditional use for the Community Child Care Center at 215 S.E. 1st Avenue be approved by Council. The motion was seconded by Mr. Saunders. Mayor Scheif!ey determined that the five speakers in favor of the conditional use for the child care center each be allowed to speak for five minutes, with any additional speakers being allowed approxi- mately 2 minutes. Speakers for the project were as follows: Mrs. Phyllis Carey, 524 Andrews Avenue; Mrs. Carolyn Gill, 82 Gleason Street; Mr. Ron Sanson, 1630 Catherine Drivel-Rev. Semmie Taylor, 1437 S.W. 3rd Street; Mr'. Pat Co~lin, attorney with the firm of Alley, Maass, Rogers, Lindsay and Chauncey of Palm Beach; Mr. Charles Herring representing the Jaycees, 415 N.E. 7th Avenue; and Mr. O. F. Youngblood, 210 N.W. 6th Avenue, all of Delray Beach. It was pointed out that a child care center can only be granted through conditional use since no zoning district allows for such a center. Speakers against the project were as follows: Mr. Howard Falcon, attorney, Palm Beach; Mr. Richard Pasley, 219 S.E. 1st Avenue; Mr. Joseph G.,~nn, Delray; Mr. Stewart Smith, 143 S. Swinton Avenue; Mr. Roy Simon, 201 N.W. llth Street; Mr. Ernest Simon, 2006 N.W. 3rd Avenue; and Mrs. Alice Bent, 330 S.E. 1st Avenue, all of Delray Beach. Both the proponents and the opponents in the matter· spoke for 41 minutes. The major points raised by those favoring the proposed site were as follows: The zoning in this area is RM-20 and several existing kindergartens and child care centers are prese%tly in R-lA zoning. The Center must leave its present quarters by June, limiting any further action to locate suitable quarters without endangering the program. The traffic pattern of the area will not be disrupted since a single bus makes two trips each way to transport the children. The noise factor of such a center is minimal, such contention having been supported by letters of residents surrounding the present location of the center. There will be no financial loss or detrimental economic effect on the contiguous property owners since the area is not totally residential, but contains business property and multiple family rental units, and is in a transitory stage. The density factor is not valid since the children are present in the area approximately 9 hours, per day. The legal requirements of the City Ordinances and County are being met as are the~~._L~~ .... ~ ..... ~ ~f the Count~ Health· Deoartment .which are very stringent. The interests of-the Community as a whole are being served by the continuation of this program which has been commended by Federal agencies. The welfare and training of the child- ren involved were cited as more important than any other factor by several speakers who stated the future of the children and the humani- tarian aspects of the'program zar outweighed other insignificant inconveniences that might possibly arise from the location of the child care center in this neighborhood. -6- 4-22-74 The speakers opposing the location of the child care center in this area cited the following as the major objections: A possible economic loss exists since the area is compri£ed of single family dwellings. The house under consideration allows for no future expan- sion according to the County Health Department. Question was raised as to why the property'under lease from the City was not being utilized. Several suggestions were made as to the feasibility of building or, more economically, moving a house to this preperty. It was pointed out the land under lease allowed for several houses or a large building to meet the needs of the group. The factgrs considered by the Plan- ning and Zoning Board had been sufficient'to cause that Board to reject the location. The possible traffic hazard to the children on a through street was presented. Several speakers offered their services in helping the project locate in another area. At the conclusion of the discussion by the audience, Council asked questions of the speakers and made comments. Mrs. Krivos asked Mrs. Carey, Chairman of the project, what funds were available and if they might not be used to'build on the l~ased property. Mrs. Carey stated the group had $15,000 as a down payment and approximately $15,000 for renovations to meet the standards of the County Health De- partment. Mrs. Krivos mentioned the original expectations of the project was to have 100 children in the program. Mrs. Carey stated at the present time, only 35 children could be housed and the Board preferred quality training rather than lose the entire program. She stated further that.any building or house that might be moved would not lend itself to the program and if it did, a great deal of expense would ~e required to renovate the ~uildi~g. It was pointed out that the Planning Director had informed the Board representing the child care center that the site plan had been approved by the Fire Department, the Public Utilities Department and the City Engineer. Mr. O. F. Youngblood co~ented on the piece of property that had been described as being available in the Spady School area, stating the condition of the build- ings was deplorable and in no way suitable for children. The City Manager stated the building under consideration would have to be passed by all agencies involved before a Certificate of Occupancy would be issued. Mr. Randolph stated his major concern was the welfare and training of the children since the location legally met all requirements. He remarked that he could understand the concern of the individual property owners in the area, but the basic concept under consideration was the possibility of denying 35 young people the opportunity of training and guidance. Mr. Randolph also stated the duplexes that had ~een offered were grossly inadequate for a child care center. Saunders questioned Mrs. Carey as to the definite number of children that would be allowed to be cared for in the proposed site. Mrs. Carey stated the County Health Department had investigated and had ascertained 35 children would be the limit for that site. Mr. Weekes stated he felt the basic question was whether or not the site met the criteria set up for conditional use under the City Ordinances. Mayor Scheifley stated every time a controversial project in the public interest w~s presented to Council, there were people who .would be adversely affected. He cited several cases in which projects such as the 12th Street Bridge, the Beach Restoration and the Beach Parking had elicited strong objections from a few people who would be affected. He stated the concepts used as objections are generally tl~e same in each case. Mayor Scheifley expressed his understanding of the atti2udes of the persons who are affected in these cases. However, he stated that in this particular case, he felt the a~guments presented. are less valid than in any previous case considered. He summarized several of the objections by stating there would be no adverse economic effect since he felt the house was the best maintained house on the -7- &_--_~_--7_& _ 304 street and the area contained commercial and multi-rental units. The traffic patterns mentioned %~ere not applica!~le since the bus is the only vehicle involved, and the traffic itself on the street was mini- mal. He further stated the traffic problem would exist in any area in to%~n. The density argument was not valid since that argument would eliminate the building of any public building· He stated he felt the expansion of the center would be forthcoming in the next ten years. Mayor Scheifley summarized his statements by recognizing that no mat- ter what the decision may be on the project, there would be unhappy People; he stated he hoped the members oS the community would disa- gree without being disagreeable. He said the advantages of the proj- ect far outweigh the disadvantages. Further discussion ensued, and Mayor Scheifley reiterated the motion - not to accept the recommen- dation of the Planning and Zoning Board and to approve the condi- 'tional use for the Child Care Center. The City Attorney cited the five reasons for which the Planning and Zoning Board denied the project - density, compatibility with residential area surrounding the subject property, negative economic effects on the surrounding property, generation.of noise by children, and the hazard of traffic on. the streets. Upon roll call, Council voted as follows: Mrs.' KrJvos - No; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed by a vote of 4 to 1. 9.b. The City Manager stated the Planning and Zoning Board at a meeting held on April 10th, recommended by unanimous vote that a 36.04 acre tract of land located on the north side of Lake Ida Road between Congress Avenue and ~ilitary Trail be annexed, being the .W~ of the SW¼ of'Section 7, TOwnship 46 South, Range 43 East, north of the northerly right of way of Lake Ida Road as shown on Plat of Delray Shores, 1st Addition. The annexation would be subject to - ~ D~=z~9 Distzic~) zoning 'l'ne applicant plans construction of 4+ units per acre with zero lot line side yards. The development is to be a condominium type development with 2 units per building and the use of a wall dividing the units, thus the name zero lot line sideyards. The applicant is Mr. Melvin Muroff. It was pointed out that the Ordinance does not provide for zero lot lines. The City Manager recommended the matter be discussed at a future workshop meeting. Mr. Saunders so moved, seconded by Mr. Randolph, said motion passing unanimously. 9.c. The City Manager stated the Planning and Zoning Board at a meeting held on April 10th, recommended by unanimous vote that Coun- cil approve the preliminary plat for Delray Palms, a 5.345 acre tract of land extending from Curlew Road to Dotterel Road and between the Florida East Coast Railway and Jaeger Drive, lying in the E½ of Section 29, Township 46 South, Range 43 East, located north of Curlew Road between Jaeger Drive and the Florida East Coast Railway. The site plan for this development was approved by Council on February 28, 1972. All requirements have been met and it is recommended that Council approve the preliminary plat. Mr. Saunders so moved, second- ed by Mr. Weekes, said motion passing unanimously. 9.d. The City Manager stated the Planning and Zoning Board at a mee.~ing held on April 10tk, recommende~ by unanimous vote that Council approve the preliminary plaL for High Point of Delray, Sections 5 and 6, lying in the NE¼ of Section 13, Township 46 South, Range 42 East. The si~e plan for this development was approved by Council on Decem- ber 27, 1971. All requirements have been met and it is recommended that Council approve the preliminary plat. Mr. Randolph questioned whether or not the drainage would be improved. The city Manager stated it had been approved by the City Engineering Department and --8-- 4-22-74 - 305 the two new culverts would help the situation appreciably. Also the Lake Worth Drainage District has widened the canal at this point. Mr. Randolph moved to approve the preliminary plat for High Point of Delray, Sections 5 and 6, seconded by Mrs. Krivos, said motion pass- ing unanimously. ' 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes and seconded by Mr. Randolph. General Fund .......... $112,370.99 Water and'Sewer Fund ...... 6,500.00 Cigarette Tax Fund ....... 12,725.00 Federal Revenue Sharing Fund . o 37,815.00 10.b.1. city Manager Mariott presented a preliminary plat for the Bris-Mar Development which the Planning and Zoning Board recommend- ed unanimously be passed. The property is located in the A~ of Section 29, To%..~ship 46 South, Range 43 East, north of Dotterel Road~ (if extended),.between Quail Road and the Florida East Coast Railway tracks. The City Manager showed Council members said preliminary plat. The requirements have been met and it is recom- mended that the preliminary plat be approved. Mr. Weekes so moved, seconded by Mr. Randolph, said motion passing unanimously. i0.b.2. Mayor Scheifley questioned the City Manager concerning the manner in %.£nich names of streets could be.changed in the High Point area for the convenience of the Fire and Police Departments. The .City Manager stated he would check into the problem. 10.b.3. City Manager Mariott stated the contract with the Alsay Drill- ing Company for the construction of three new City water wells has been completed. It is recommended by the Consulting Engineers and the City Administration that the city accept the work as final and authorize final payment in the amount of $28,441.48 to Alsay Drill- ing, Inc. Mr. Weekes so moved, seconded by Mr. Saunders, said mo- tion passing unanimously. 10.b.4. The City Manager stated he had received a proposal from the City of Boynton Beach with regard to the construction and operation of the projected regional sewage treatment plant. City Manager Mariott presented Council copies of the proposal to be studied and discussed at a later date. 10.b.5o Mrs. Krivos voiced the appreciation of the Council to re- tiring City Clerk, Mrs. Hallie Worthing, for her cooperation and kindnesses. Mrs. Worthing acknowledged Council's comments and thank- ed the Council and Administration for her enjoyable time with the City. 10.b.6. Mr. Saunders congratulated Mayor Scheifley on the manner in which he handled the very difficult subjec~ of the child care center~ and stated the decorum and authority with which it was conducted contributed to the meeting. The meeting was adjourned at 10:50 P.M. ORDINANCE NO. 12-.74. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING..INTO LAW AN A~,~ENDED PENSION~ PLAN FOR POLICE OFFICERS, '~ND VOLUNTEER AND REGUIPAR FULL-TIME FIRE- . MEN; PROVIDING FOR AN ORDERLY TP, A~SFER OF FUNDS TO THE NEW FUN~D; PROVIDING FOR ?HE ELECTION OF NEW TRUSTEES; PPiESERVING ALL ACCRUED BENEFITS TO DATE FOR THE POLICE OFFICERS, AL~D VOLI3X~TEER AI~D REGU-L. AR FULL-TII~iE FiRE2,hEN; PROVIDING A SAVING CLAUSE; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach presently provides, under Chapters 175 and 185, F.S.A. pension plans and related benefits for City Police and Firefighters which are of major importance as fringe benefits of City employment; and, WHEREAS, City Council is desirous of updating the Policemen's Pension Plan and the Firemen's Pension Plan; and, WHEREAS, City Council is desirous of having one pension system to be known as The City of Delray Beach Police and Firefighters Retire- ment System for its Policemen and Firemen; and, WHEREAS, City Council, the City Administration, the Trustees of the Municipal Police Officer's Retirement Trust Fund ~nd the Truzteas of the Municipal Firemen's Pension Trust Fund upon extensive examina- tion of the present plan and the proposed City of Delray Beach Police and Firefighters Retirement System are desirous of adopting the pro- posed Retirement System; and, WHEREAS, the proposed Retirement System preserves all benefits accrued to date under the present Trust Fu.nds, I~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLOR!DA, AS FOLLOWS: SECTION 1. That the following sections of Chapter 19 "Pensions" of the Code of Ordinances of the City of Delray Beach, as amended, are hereby rescinded and .repealed. (a) ~Sec. 19-31 "Increased Pension Benefits for Firemen" (b) Sec. 19-32 "Increased Pension Benefits for Policemen" SECTION 2. That Chapter 19 "Pensions" of the Code of Ordinances of the City of Delray Beach, as amended, be further amended to read as follcws: Section 1. DEF_rNITIONS. As used herein, unless otherwise de- fined or required by t!.~ context, the following words and phrases shall have the meaning indicated: 1. City means City of Delray Beac. h, Florida. 2. Agreement means this written instrument setting forth the provisions of the Retirement System. 3. System means the City of Delray Beach Police and Firefighters Retirement System as containcd herein and ali. amendments thereto. 4. Fund means the Trust Fund established herein as part of the System. 5. Board means the Board of Trustees, which shall administer -~nd manage the System herein pro- vided and serve as Trustee of the Fund. 6. Employee shall mean all employees of the City classi- fied as full-time swcrn Police Officers, as defined on the Effective Date in Section 185.02, Chapter iS5 F.S.A., or volunteer or regular full-time Firemen, as defined on the Effective Date in Section 175.032, Chapter 175 F.S.A., but shall exclude all civilian members of the Police and Fire Departments. 7. Member means an Employee who fulfills the prescribed participation requirements. 8. Continuous means uninterrupted service by a Member Service {expressed as years and completed months) from the date he last entered employment as an' Employee until the date his employment shall be terminated by death, disability, retirement, resignation, or discharge, pro- vided however, the Continuous Service of any Member shall not be deemed to be interrupted by: a Any authorized leave of absence or vaca- tion, provided that all Members similarly ~' situated in similar circumstances shall be treated alike pursuant to uniform, non-discriminatory rules b. Any service, voluntary or involuntary in the Armed Forces of the United States, provided the Member is legally entitled to re-employment under the provisions of the Universal Training and Service Act, and any amendments thereto, or any law applicable to such re-employment, and provided further, that said Member shall apply for re-employment within three (3) months following termination of such service. However, provided further, no credit for .benefit e.!igibility or compu- tation purposes under the System shall .be allowed for any such period of leave of absence or military service. No~hing of the aforementioned shall serve to re- .duce the accrued accredited services of the members on the effective date of the plan. Ord,. No. 12-74. 9. Earninqs means basic wages paid to a Member, excluding overtime, bonuses, and any other non-regular payments. 10. .Avq. rage Monthly means 1/24th of the arithmetic average Earnings of Earnings for the highest consecutive 24 month period preceding the actual retirement or termination of a ~{ember. 11. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member w. ho has or have' been desig- nated in writing by the Member and filed with the Board. If no such.designaticn is in effect at the time of death of the Member, or if no person so designated is living at that time, the beneficiary shall be 'the estate of the Member. 12. Effective Date means the date on which this Ordinance and System become effective. 13. .Spouse shall mean the lawful wife or husband of a Member at time of retirement and death. Section 2. MEMBERSHIP. 1. Conditions of Eligibility. a.. Employees, as defined herein, who are covered under the retirement program provided under Chapters 175 and 185, F.S.A., · as of the Effective Date, shall become Members of this System. b. Any Employee, as defined herein, who is a Member of the City's Retirement Plan for General Employees at the time of adoption of this Retirement System may become a Member of this System provided he elects to transfer his emplo, yee contribu- tion account from the Retirement Plan for General Employees to this System, which he is authorized to do by this Ordinance, and provided he also deposits to the Fund, on the basis of procedures established by the Board, an amount equal to the additional monies he would have contributed had he always been covered under Chapters 175 and 185, plus interest in an amount to be determined by the Board. c. Any other Employee, as defined herein, shall as a condi- tion of employment become a Member upon such employment, provided that: ~=~~" completes all required · i. Such Employee s~t~ medical examinations for an .employee of his classifica- tion, including any such examination prescribed by the Board, and, 2. Such employee meets all requirements of the Civil Service 'Board of the City. Provided further, however, that for purposes of disability benefits hereunder, the Board may declare anyone becoming a Member under this Ord. No. 12-74. paragraph "c" to be permanently ineligible, but only at the time of initial ~.~embership, and only in the event that any medical examination under "1" above re- veals a condition of s~n~ptom ,~'hich has previously been determined by the Board to render Members not eligible for disability. Such a determination by the Board as to disqualifying conditions and symptoms must be re- flected in prior Board Minutes, and such a declaration of a Member's ineligibility must be recorded in the Board'S ~inutes and noted on the Member's application form. 2. Application. Each eligible Employee shall complete an appli- cation form covering the following points, as well as such other points or items as may be prescribed by the Board: a. Such Employee's acceptance of the terms and conditions of the Retirement System, including an initialling of any declaration-of ineligibility for disability benefits, and, t). Such Employee's designation of a BeneficiarY or Bene- ficiaries, and, c. Authorizing a Six Percent (6%) payroll deduction payable to the System. 3. Change in DesignatiOn of Beneficiary. A Member may from time ~to time change his designated Beneficiary by written notice to the B6~rd upon forms provided by the Board. Upon such change, the rights of all previously designated Beneficiaries to receive any benefit under the System shall cease. .Section 3. BENEF_~T AMOUNTS AND ELIGIBILITY. 1. Normal Retirement Date. a. A Member may elect to re~ire on the first day of any month if coincident with, or following the attainment of' his. fifty-second (52nd) birthday and the completion of twenty (20) years of Continuous Service; provided, however, Employees who are eligible to and become Members as of the Effective Date of this System shall be eligible to retire, as above, upon the attainment of his fifty-second (52nd) birthday, regardless of the number of years of Continuous Service. b. All members shall retire not later than their sixty-fifth (65th) birthday; provided, however, that a Member shall be required to retire earlier, if eligible, upon the determina- tion by the Member's Departmental Chief and the City Manager that the Member is no longer physically or mentally ca~able of satisfactorily performing his.-duties.· 2. Normal Retirement Benefit. a. -Duration, survivor beDefits. A Member retiring hereunder on his Normal Retirement Date shall receive a monthly benefit which shall commence on his Normal Retirement Date and be continued thereafter during his lifetime; upon his death the full Retirement benefit shall be continued to his Spouse for One (1) Year and sixty per cent (60%) of said amount continued thereafter until the earlier of death or remarriage. -4- Ord. No. 12-74. b. Amount. R~go and one-half per cent (2~) of Average Monthly Earnings, for each year of Continuous Service, sub- ject in any event to a Maximum of seventy-'five per cent (75%) of Average Monthly Earnings, provided~ however, ~!em~ers as of the Effective Date shall receive at their Normal Retire- ment Date (age 52 regardless of years of service) the greater of the benefit provided by the formula above or fifty per cent (50%) of Average ~onthly Earnings. 3. Early Retirement Date. A Membe'r may retire on the first day of any month following the completion of twenty (20) years of Continuous Service~ .. 4. Early Retirement Benefit. A Member retiring hereunder on his Early Retirement Date shall receive either a deferred or an immediate monthly retirement benefit as follows: a. A deferred monthly retirem&nt benefit which shall co~nunence on his earliest Normal Retirement Date and shall be continued on the first day of each month thereafter during his lifetirae. The amount of such deferred monthly retirement benefit shall be determined in the same manner as for retirement at his Normal Retirement Date except that Continuous Service and Average Monthly Earnings shall be determined as of his Early Retirement Date; or,. b. Subject to Board approval, an immediate monthly retirement benefit which shall commence on his Early Retirement Date or any date prior to Normal Retirement Date as requested by the Member and shall be continued on the first day of each month thereafter during his iiketime. The benefit payable shall be as determined in subparagraph "a" above, but reduced actuarially so that only actuarially equivalent benefits shall be payable. c. Early Retirement shall have applicable to it the same survivorship benefit percentages as for Normal Retirement. 5. Disability. " a. Service Incurred. Any Member who receives a service connected injury, disease or disability, which injury, disease or disability permanently incapacitates him, physically or mentally 'from regular and continuous duty as a Firefighter or Police Off'icer, shall receive in equal monthly installments an amount equal to seventy-five per cent (75%) of Average Monthly Earnings in effect at date of disability. The benefit shall be paid until the earlier of death or recovery from dis- ability. b. Non-Service Incurred. Any Member with ten (10) years of continuous Service who receives a non-service connected in- jury, disease or disabiiity, and which injury, disease or disability, permanently incapacitates or shall in the future permanently incapacitate him physically or mentally from regular and continuous duty as a Firefighter or Police Offi- cer, shall .receive J~. equal monthly installments an amount equal to two per cent (2%) of his Averag~ Monthly Earnings for each year of Continuous Service, subject in any event to O~d. No. 12-74. a Maximum of fifty per cent (50~'~) of Average Monthly Earnings at the time of disability. The benefit shall be payable until the earlier of death or recovery from disability. c Determination of Disability All questions relatinQ to eligibility for initial payment or continuance of disability benefits shall be detezlnined by the Board of Trustees, taking into consideration the recom~nendations of the Medical Board, and based upon the methods and procedures established by the Board of Trustees. d. Benefit Offsets. The Service Incurred.and Non-Service Incurred disability benefits descri.~ed herein shall be reduced or offset by the regular monthly amounts to which the disabled Member is entitled under Workmen's 'Compensation an'~ under the primary, that is non-family, benefit provision of Social Security. e. Service and Non-Service Disability shall have applicable to it the same survivorship benefit percentages as for Normal Retirement. 6. P~e-Retirement Death. a. Service Incurred. A death benefit shall be payable on behalf of any Member who dies as a direct result of an occur- rence arising in th~ performance of service. These benefits are not to be limiting to other benefits available under State law. The benefits shall be payable as follows: 1. To the Spouse, until the earlier of deeth or re- marriage, a monthly benefit equal to fifty per cent (5C~/~) of the Member's Average Monthly Earnings plus, 2. For each unmarried child until he or she shall have reached the age of eighteen (18) years, and for each unmarried child from age eighteen (18) until age twenty- two (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 per cent (5%) of the Average Monthly Earnings subject to an overall limitation of a total of sixty per cent (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 termin- ate on the earlier of death, marriage, or the attainment of age 22. Legally adopted children shall be eligible the same as natural children. Upon remarriage or death of the spouse, the five Der cent (5%) child allowance shall be increase to ten per cent (10%) for .each child, not to exceed a combined total of thirty-five per cent (35%) of the Member's A~erage Monthly Earnings. The trusteeship and disbursements of the pension to any child or children shall be determined by the .Board of 5~rustees. -6- .-Ord. No. 12-74. b. Non-Service Incurred. if any ~Iember shall die in active service from causes ~o..~ attributable to active duty or .ser- vice, a death benefit shall.be payable as follows:.. 1. With less than one (1) year of Continuous Service - A single sum amount of $2,500. 2.Wit~ one (1) but less than five (5) yeaz's of Contin- uous Service -A single sum amount of $5,000. 3. Wi%h five (5) or more years of Continuous Service - (i) A single sum amount of $5,000 plus (ii) To the Spouse until remarriage or death in equal monthly payments, a pension equal to sixty-five per cent (65%) of such' ~.~ember's accrued pension as of date of death, subject to a minimum of twenty per cent (203/=) .of Average Monthly Earnings, plus (iii) To the child or children of such deceased Member, the same benefits as are payable by reason of Service Incurred Death, subject however, to a maximum combined limitation of monthly payments to the Spouse and child- ren of fifty per cent (5~/~) of Average Monthly Earnings and thirty-five per cent (35%) after remarriage or death of Spouse. 7. Vestinq. If a Member terminates his employment with the Police or Fire Departments, either voluntarily or by lawful dis- Charge, and is not eligible for any other benefits under this System, he sh~_!! be entitled t~ ~ ~owing: .a- With less than ten (10) years of Continuous Sez-~ice- Refund of ~[ember contributions. ~. With ten (10) or more years of Continuous Service - 1. The pension benefit accrued to his date of termina- tion, payable commencing .at his otherwise earliest Normal Retirement Date, provided he does not elect to withdraw his Member contributions or 2. Refund of Member contributions. Any member of this System who, for whatever reason, has his em- ployment with the City as a Police Officer or Firefighter termin' ated, but who remains with. or was previously employed by the City in some other capacity so that his total period of employment with the City is ten (10) years or more, shall have all benefits' accrued under this System preserved, provided he does not elect to withdraw his ~iember.contributions. Such a~crued benefits shall be payable at his otherwise Normal Retirement Date, in accordance with the provisions of ~his System. For purposes of determining Normal Retirement Date under'tbls Vesting provision, Continuous Service shall include all continuous employment with the City as an Employee as herein defined as well as the period of time sub- sequent to termination as a Member of this System; provided further, however, that benefits shall not be payable under this' System during any period of continued employment by the City. -7- Ord. No. 12-74. _.seCtion 4. OPTI0}...~AL FOP~{S OF I~E'~N!?!TS. Each member entitled to a Normal, 'Early, or Disability Re- tirement benefit shall have' the right at any time prior to his actual retiremenl to elect to have his benefit payable under any one of the Opt.i.ons hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any such elections and make a new election at any time prior to actual retirement. The value of optional benefits shall be..actuarially equivalent to the value of benefits olherwise payable. The Member shall, make such an election by'written request to the Board, such request being retained in the Board's files. OPTION 1 - Joint and Last Survivor .Option. A retiring ~.ember may elect to receive a retirement benefit during his lifetime and have such retirement benefit (or a designated'fraction thereof) continued after his death to and during the lifetime of his Spouse or a relative other than his Spouse. The election of Option 1 shall be null and void if the designated Beneficiary dies before the Member's re t i r ement. OPTION 2 - 10 Years Certain and Life Thereafter. A retiring Mem~e.r may elect to receive a retirement bene- fit with 120 monthly payments guaranteed. I'f, after retiring, the Member should die before said 120 monthly payments are made, payments are then continued to his designated Benefi- ciary until 120 payments in all have been made, at which time benefits cease. After expiration of the 120 monthly pa}~,ents guaranteed, should the retired Member be then alive, paym. ents shall be continued during his remaining lifetime. OPTION 3 - Other. In lieu of the other optional forms enumerated in this Section, retirement benefits may be paid in any form approved by the Board so long as actuarial equivalence with the benefits othez~ise payable is maintained. Section 5. CONTRIBb=PI ONS. 1. Member Contributions. Members of the Retirement System shall make regular contributions to the Trust Fund at a rate 'equal to Six Per Cent (6%) of their respective annual Earnings. Eligible Employees, as a condition of membership, shall agree in writing upon becoming a Member to make the contribution specified herein. Said Contributions shall be deducted from said Earnings before the same are paid, until the Member has completed thirty (30) years of Continuous Service at which · time payments stop. 2. State Contributior~z. Any monies received or receivable by re~son of laws of the Statc of Florida, for the express pur- pose of fund. ing and paying for retirement benefits for Police and Firemen of the Czty shall be deposited i':. the Trust Fund comprising part cf this System. -8- .Ord. No. 12-74. 3. _City Contri]~utions. So long as this System is in effect, the City shall make an annual contribution to the Trust Fund in an amount equal to the difference in each year as between the total of aggregate Member contributions for the year plus State contributions for the year and the total cost for the year as shovaq by the most recent actuarial valuation and Report fo~ 'the System. The total cost for any year shall be defined as the total of Normal Cost plus the additional amount sufficient to amortize the Unfunded Accrued Past Ser- vice Liability over a forty (40)" year period commencing with the Effective Date of this System. 4. Guaranteed Refund of ~.~ember Contrib'utions. All benefits payable under this System are in lieu of a refund of Member contributions. In any event, however, each Member shall be guaranteed the payment of benefits at least equal in total amount to his accumulated contributions. 5. Miscellaneous. a. All monies which have been funded by the Memberg contri- butions and the City's contributions, and monies from all o~tside sources such as private contributions or those con- tributions made by the State of Florida or any other Firms or Corporations or Companies invested into any basic or secondary pension plan for the retirement of any employee who shall be included in this Fu~d, including any interest gathered by these monies, shall be transferred into this Fund to be kno~.zn as "The Deiray Beach Police and Fire fighters ' Retirement Fund". l). Ail Beneficiaries and Retired .~!embers presently receiving benefits under Chapters 175 and 185, F.S.A., shall continue ' to receive said benefits under this system. Section 6. ADMINI S TP~ATIO~. ~. 1. The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions of this Ordinance are hereby ve~ted in a Board of Trustees consisting of nine (9) persons as follows: a. The Mayor of the City of Delray Beach.~ Two public members to be appointed by City Council as hereinafter provided; c. The Fi're Chief .d. The Police Chief e. Two members of the Fire Department to be elected as hereinafter pr.ovided; and f. Two members of the Police Department to be elected as hereinafter provided. 2. The 'term of office of each appointed and elected Trustee shall be three (3) years except that the initial terms within each category above shall be for 'two and three years. ~e initial terms shall commence on the Effective Date of this System. Initially in each elective category, the Trustee receiving the most vot'es shall serve a three (3) year term, the second most votes a two (2) year term. The City-Council shall deter- mine the term of office of each appointive Trustee. -9- Ord. No. 12-74. 3. The elective Trustees shall be elected in the following manner, to-wit: ~Jy vote of all active members of each.of said respective departments who come within, the purvie,~ of this Ordinance at meetings to he held at places designated by the City ~qanager, cf which meetings all qualified members entitled to vote shall be notified in person or by mail ten days in advance of said meeting. The candidate receiving the highest number of votes for each office shall be declared elected and shall take office ~mmediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefor. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the terms for which Trustees are to be elected. The City Manager shall establish the election procedure for the initial election. Thereafter, it shall be the duty of the Board of Trustees. The Board of Trustees shall meet, organize, and elect one of their members as Chairman and one member as Vic~ Chairman, within ten days after Trustees are el'ected and duly qualified. 4. If a vacancy occurs in the office of Trustee, the vacancy Shall be filled for the unexpired term in the same manner ~s the office was previously filled. 5. The Trustees shall serve without compensation, but they may be reimbursed from the Fund for all necessary expenses which they may actually expend through service on the Board. 6. Each Trustee shall, within ten (10) days after his appointment or election, take an oath of office before the City Clerk of ~ so far == ~ develops upon him he w~z dili- gently and honestly administer the affairs of the said Board, ,and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable tc the Retirement System. Such oath shall be subscribed to by the members making it and certified by the said Clerk and filed in the office of the City Clerk. 7. Each Trustee shall be entitled to one vote on 'the Board. Five affirmative votes shall .bm necessary for a decision by the Trustees at any meeting of the Board. The Chairman shall have the right to one vote only.~ 8. Subject to the limitations of this Ordinance, the Board of Trustees shall from time to time establish uniform rules and regulations for the administration of funds created by this Ordinance and for transactions of its business, including provisions for expu.lsion due to non-attendance of its members ~ which could result~ in a vacancy. 9. The Board of Trustees shall bY majority vote of its members appoint a Secretary who may, but ~need not be, one of its members. It shall .engage such actuarial and other services as shall be re~ui~d to transact the business of t~_~eO ~ir~-~ ment. System. The compensation of all persons engaged by the Board of Trustees and all other expenses of the Board neces- sary for the operation of the Retirement System shall be paid at such rates and in such amounts as the. Board of Trustees shall agree. Funds may be disbursed by the City Finance o Ord. No. 12-74. Department or et. her disbursing acjent as determined by the Board, only upon written authorization by the Board of Trustees. 10. Any Trustee who neglects the duties of his o~fice as 'deter- mined by the Board, may be removed by seven concurring votes among the Board of Trustees. 11. The duties and responsibilities of the Board of Trustees shall include, but not necessarily be limited by, the following: a. To construe the provisions of the System and determine ail questions arising thereunder. b. To determine all questions relating to eligibility and participation. c. To determine and certify amount of all retirement allow- ances or other benefits hereunder. d. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. e. To distribute at regular intervals to employees, infor- mation concerning the System f. To receive and process all applications 'for participation and benefits. g. To authorize all payments whatsoever from the Fund and to notify in writing, the disbursing agent of approved benefit payments and other expenditures arising through operation of the System and Fund. h. To have performed actuarial studies and annual actuarial valuations and make recommendations regarding any and all changes in the provisions of the System. i. To perform such duties as are specified in this Ordinance. Section 7. FINg/~CES AND FUND MANAGEMENT. Establishment and Operation of Fund. 1. As part of the System there is hereby established the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. 2. The actual custody and supervisi, on of the Fund (and assets thereof) shall be vested in the .Board 'of ~rustees. Payment of benefits and disbursements from the Fun.d shall be made by the disbursing agent on authorization from the Board. · 3. The Board may hire and appoint such persons, agents or entities (including corporate fiduciaries) as in its discretion may be required or advisable to enable it to perform custodial and. investment duties hereunder; provided further, the Board may -ll- Ord. No. 12-74. enter into agency, investment advisory and custodial agree- ments for tke purpose of securing investment and custodians'%i~ services for the System and. Fund. 4. All funds and securities of the System may be con%mingled in .the Fund, provided that accurate records are maintained at all times refl'~'cting the financial composition of the Fund, in- cluding accurate current accounts and entries as regards the followiDg: a. Current amounts of accumulated contributions of Members on both an individual and aggregate account basis, and b. Receipts and disbursements, and c. Benefit payments, and d. Current amounts clearly reflecting all monies, funds and assets whatsoever' attributable to contributions and de- posits from the City, and e.All interest, dividends and gains (or losses) whatsoever, and f. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. An annual report shall be made by the CPA firm performing the City's annual audit. 5.T'ne Board of Trustees shall hav.e the foiio~win~_i_nvestment powers and authority: a. The Board of Trustees shall be vested with full legal title to said Fund; subject however and in any event to the authority and power, of the City Council to amend or terminate this Trust; provided that no amendment or Fund termination shall ever resul.t in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its Agent in the .. Fund and the Board' shall not be required to segregate or invest separately any portion of the Fund. The Board of Trustees may invest and reinvest the assets of the Trust F.und in bonds, stocks or other evidences of indebtedness issued or guaranteed by a corporation organ- ized under the laws of the United States, any state or organized territory of the United States or ~ne District of Columbia, provided: o. ~. ~e corporation is lf~ on any cne or more of the · ' recognized nation-i ~Lock exchanges and holds a rating in one cf 'Lne three highest classifications by a major rat~-C service; ' Ord. No. 12-74. 2. The corporation has paid cash dividends for a period of seven fiscal years next preceding the date of a cqu i s i t ion. 3. The c0.rporation fulfills either of the following standards: Over the period of the seven fiscal years immediately preceding purchase the corporation must have earned after federal income taxes, an average amount per annum, at least equal to two times the amount of the yearly interest charges upon its bonds, not'es or other evidences of indebtedness of equal or greater security outstanding at date of purchase, and earned after federal income taxes, an amount at least equal to two times the amount of such interest charges in each of the three fiscal years immediately pre- ceding purchase; or the corporation over the period of seven fiscal years immediately preceding purchase must have earned after federal income taxes, an average am0unt per annum at least equal to six per cent (6%) of the par value of its bonds, notes or other evi- dences of indebtedness of equal or greater security outstanding at date of purchase, and earned after federal income taxes, an amount at least equal to six par cent (6%) of the par value of such obligation in.each of the three (3) fiscal years immediately preceding purchase. No investment shall be made under this paragraph upon which any interest obligation is in default or which has been in default within the immediately preceding five (5) year period. 4. The Board of Trustees shall not invest more than five per cent (5%) of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed three per cent (3%) of the outstanding capital stock of that company~ nor shall the aggregate of its investments under this section at cost exceed fifty per cent (5~/~) of the Fund's assets. .. c. The Board may retain in cash or unproductive of income such amount of the Fund as it may deem advisable, having · · regard for the cash requirements of the System. d. Neither the Board nor any person or entity shall ~e liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. The Board may cause any investment in securities he'~d by ~ uo ?e registered in or transferred .into its name as Trustee or ~.~o the name of such nominee as it may direct, or it may reta3'~ them unregistered and. in form permitting transferability, ~.~c the books and records shall a~ ali -times show that all _~,~stments are part of the Fund. f. The Board is empowered, but ~.~ not required, to vote upon any stocks, bonds, or securitl ~ of any corporation, -13- Ordo No. 12-74. association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizati©ns, recapitalizations, consolidations, and similar trans- actions with respect to such securities~ 'to deposit ~uch stock or' other securities in any voting trust or any protec't'ive or like committee or with the Trustees or with · depositaries designated thereby; to amortize or fail to amortize any part or all of the premium or discount re- sulting from the acquisition or disposition of assets; and generally, to exercise any of the powers of an o;~er with respect to stocks, bonds, or other investments, comprising the Fund which it may deem to be to the best interest of the Fund to exercise. g. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the. exercise of any po;~er herein contained. h. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this Ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City or any other entity of specific information, certification, direction or instructions, the Board shall.be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. i. Any overpayments or underpayments from the Fund to a · Member of Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board. Overpayments shall be charged against payments next succeeding the correction. Under- payments shall be made up 'from the Trust Fund. j. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for ~nd shall be under no obligation to inquire into the sufficiency of the payments made into the Fund by the City. k. In any aPplication to or proceeding or action in the courts, only the City and the Board shall be necessary parties, and no Member or other person having an interest in the Fund shall be entitled to any notice of service or process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. 6. Any of the foregoing powers and ~uncti0ns Yeposed in the Board may be performed or carried out by the Board through duly authorized Agents, provided that the Board at all times m~_in- %ain continuous supervision over the acts of any such Agent; provided further, that legal title to said Fund shall always remain in the Board of Trustees. 7. No change in any of the administrative provisions of the Sys- tem shall be made without the approval of a majority of the Board of Trustees. -14- Ord. No. 12-74. Section 8. MI S CELI~AN-E OUS. 1. Medical Board. The Board of Trustees shall designate a Medical Board to be composed of three (3) physicians who shall arrange for and 'pass upon all medical examinations required under the provisions of this Ordinance, shall investi- gate all.e's'sential statements or certificates made by or on behalf of a"Member in ~onnection with an application for disability or retirement and shall report in writing to the Board of Trustees its conclusioh's and recommendations upon all matters referred to it. The payment for such services shall be determined by the Board of Trustees. 2. Discharged ~,~embers. Members entitled to a pension shall not forfeit the same upon dismissal from the Department, but shall be retired as herein described. 3. Recovery from Disabi!itv. in the event a Member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire Depart- ment, the Board shall require the said Member to resume em- ployment with the respective Department and discontinue the pension; provided however, that if such b~ember shall after re- suming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be deter- mined by the~Board. (computed upon his annual Earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, such Member shall receive creditable service for the period of such disability retirement. In any event, such Member shall retain credit for the period of Continuous Service prior to · the date of disability. 4. Non-Assiqnabi!it~f. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process. · 5. Duration of Benefits. Benefits granted to Me~bers shall be paid to them for life and shall not be revoked nor in any way diminished except as provided in this Ordinance and the payments of the Member to this Fund shall cease upon his re- tirement and acceptance of a benefit or thirty (30) years of Continuous Service or Termination. 6. '.P.en~ion Validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraud- ulently, or illegally for any reason. Said Board is empowered. to purge the pension rolls of any person heretofore granted a pension under prior or existing .law or hereafter granted under this Ordinance if the same is found to be erroneous, fraudu- lent or illegal for any reason~ and to reclassify an-£ pensioner who has heretofore under any prior or existing law, or who shall hereafter under this Ordinance be erroneously, improperly or illegally classif_ed. 7. Incompetents. If any Member or Beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally -15- Ord. No. 12-74'. receiving and giving a valid receipt for any payment due him under the System, the Doard may, unless and until claims shall have been made by a duly appointed guardian or corz'aittee of such perscn, make such pa~a~ent cr any part thereof to such person's Spouse, children or other person deemed by the Board .to have incurred expenses or assumed responsibility for the expenses of such person. Any payment so made stall be a complete discharge of any liabiliqy under the System for such payment. ... 8. Miscellaneous. a. The Board will furnish the Actuary with all data required for necessary actuarial computations under the. Plan. b. I~o payment or any benefit, contribution, or other sum which would constitute a violation of any applicable wage control law shall, be made ~ereunder. ~.. c. The benefits for any person who was a member under Chap- ters 175 and 185, F.S.A., immediately prior to the Effective Date of this Ordinance shall not be less than those which he would have received under the Plan prior to the Effective Date based on his rate of Earnings in effect as of the Effective Date. 'SECTION 3. That upon the transfer of the assets and liabilities fr'om the Trustees of the I4unicipal Police Officers' Retirement Trust Fund and the Trustees of the Municipal Firemen's Pension Trust Fund to the Delray Beach Police and Firefighters' Retirement System, the Board of Trustees of the Municipal Police ~cers' Retirement Trust Fund the Board of Trustees of the Municipal Firemen's Pension Trust Fund are dissolved. SECTION 4. Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Delray Beach. SECTION 5. All Ordinances or parts of Ordinances 'in conflict herwith be and the same are hereby repealed. SECTION 6. This Ordinance shall take effect immediately upon on second and final reading. passage SECTION 7. 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 decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part to be declared invalid. PASSED AND ADOPTED on second and final reading on this the ... 22nd day of .. . APril , 1974. City Clerk First Reading Hatch 25, 197/4. Second Reading. ~'~)ril ¢~' 1974 -16- Ord. No. 12-74. ORDI~A~,CE NO. 13-74. AN ORDI;',~ANCE OF TIlE CITY OF DEL'RAY BEACtI, FLORIDA,, Ei':ACT!NG I~'{TO LA\f P~N A[,IENDED PEN- SIOl~ PLAN FOR THE GENER~/~ E~IPLOYEES OF THE CITY; P!~OVIDI~G FOi~ A~ i~'CREASE IN BEliE- FITS; ADDiTiONAL EMPLOYEE CO>[TRIEUTION; PRESEF~Vi[',[G ?.AL ACCP, UZD BE~,~EFITS; PROVIDIi~G A SAVI~TG CLAUSE; REPE~IXG ALL ORDiI.[Ai[CES AND RESOLUTIOHS I~[ CONFLICT; PROVIDi>~G AN EFFECTIVE DATE. ~{EREAS, the City of Delray Beach presently provi~les for a pension plan and related benefits to its general employees as e~tablished in Resolution ~,~o. 1489 as amended by Resolutions No. 73-70 and !,~o. 25-71 which are of major .importance as fringe bene- fits of City emplo~aY~ent, and WHEREAS, City CouncLl, the City Administration and the Re- tirement Com~nittee of the Retirement Plan for Employees of the City ef De!ray Beach upon extensive examination of the present plan are desirous of up~.ating the plan,.~ WHEREAS, the new u~dated plan preserves all benefits ac- crued to date under the present retirement plan, .lqOW, THEREFORE, BE IT ORDAIi~ED BY THE CITY COUi'~CIL OF THE CITY OF DELl{AY BEACH, FLORI. DA, AS FOLLOWS: SECTION 1. That Chapter 19 "Pensions" of the Code of Or- dinances of tine City of Delray Beach, as amended, be further amended to read as follows: RETIREME~"F PLAN 'FOR FiMPLOYEES OF CITY OF DELF~.Y BEACH Table of Contents CP~ATION 1.1 Authorization 1.2 Purpose 1.3 Name 1.4 Effective Date 1.5 Introduction ELIGIBILITY: ~kPTICIPATION: SERVICE 2.1 Eligibility: Participation 2.2 Service 2.3 Leave of Absence 2.4 Credited Service MISCELLANEOUS PROVISiOnS REGARDING THE PLAN 3.1 Participant's Contribution Account 3.2 Contributions 3.3 Expenses of==,~z~=-'-=stration 3.4 City's Contributions irrevocable 3.5 Amendment of Plan 3.6 Termination of Plan BASIS, AMOUNT,.A%~ PAY>~fENT OF RETIREMENT INCOi,~ 4.1 Basis of Retirement Income 4.2 Normal Retirement and Retirement Income 4.3 Early Retirement and Retirement Income 4.4 Disability Retirement and Retirement Income 4.5 Benefits Other Than on Retirement 4.6 Optional Forms of Retirement Income 4.7 Lump-Sum Payment of Small Retirement Income 4.8 Limitation on Pas~ent of Retirement Income 4.9 Termination of Service for Dishonesty 4.10 Funding of Benefits Through Purchase of Life Insurance Contract or Contracts 4.11 Technical Provisions Required by the Internal Revenue Code and Treasury Department Regulations Ord. No. 13-74. RETIREMENT PLAf~ .FOR Eb~LOYEES OF CITY OF DELP=\Y BEACH Table of Contents (Continued) MISCELL~EOUS PROVISIONS REGARDING PARTICIPANTS 5.1 Participants to Furnish Required' Information 5.2 Beneficiaries - 5.3 Contingent Beneficiaries 5.4 Participant's Rights in Trust Fund 5.5 Benefits Not Assignable 5.6 Benefits Payable to Minors and Incompetents 5.7 Conditions of Employm_ent Not Affected by Plan 5.8 Abandonment of Beneffts ADMINISTraTION 6.1 Administration by Retirement Conuuittee 6.2 Officers and Employees of Retirement Committee 6.3 Action by Retirement Cormmittee 6.4 Rules and Regulations of Retirement Committee 6.5 Powers of Retirement Committee 6.6 Liability of Retirement Committee 6.7 Actuary 6.8 Applicable Law TRUST FUb~ ~ND TRUSTEE Trustee 7.2 Purpose of Trust Fund 7.3 Benefits Supported Only by Trust Fund 7.4 Trust Fund Applicable Only to Payment of Benefits 7.5 Termination of Plan and Distribution of Trust Fund Signature Page Ord. No. 13-74. ARTICLE I - CRF~ITION Section 1.1 - ATJTHORIZATION An amended and restated retirement plan is hereby authorized to be adopted and the existing retirement trust together with said plan i~ authorized to be administered to provide benefits in accordance with the provisions of this ordinance. The currently appointed committee is authorized and directed to take the necessary steps for putting the plan into effect, and if deemed desirable by the city attorney the submitting of the necessary documents to obtain approval of the plan by the Internal Revenue Service as a qualified plan under Sections 401(a) and 501(a) of the Internal Revenue Code, make any amendments required by the Internal Revenue Service to obtain such approval and administer the plan as provided herein, provided such amendments do not increase the cost of the plan to the City. Ord. No. 13-74. Section 1.2 - PURPOSE ... The purpose of the plan is to provide .benefits to regular and permanent employees'of the City, as the term "employee" is defined here. in, and their beneficiaries upon the occurrence of retirement, death, or disability of the employee or upon his termination of employment as provided herein. Ord. No. 13-74. Section 1.3 - N~%ME The plJn hereby created by the City of DelraY Beach (hereinafter referred to as the "City") shall be known as the RETIRE}~NT PLAN FOR EMPLOYEES OF THE CITY OF DELRAY BEACH (hereinafter referred to as the "plan"). Ail the affairs and'business of such plan shall be transacted in such name. Drd. No. 13-74. 1-d Sect~.on 1.4 - EFFECTIVE DATE The plan hereby created was effective as of January 1, 1965 and subsequently amended and restated shall be agalin amended and restated effective ~As of the date of execution of this ordinance,cas set forth on the Signature Page. Ord. No. 13-74. Section 1.5 - INTRODUCTION The plan will be administered by a committee, as more fully described in Sectio~ 6.1 of the plan. In conjunction with the amendment and restatement of the plan, the City will continue the trust fund pursuant to an agreement which is known as the RETIRemENT TRUST FOR ~LOYEES OF THE CITY OF DEL~kY BEACH (which trust agreement', as it is orginially written and as it mmy hereafter be amended, is hereinafter referred to as the'"trust agreement"), with The Sun First National Bank of Delray Beach as trustee (here- inafter referred to as the "trustee"), and the funds contributed by the City and the employees for the purpose of providing the benefits specified in the plan will be held in the trust fund and administered by the trustee in accordance with the provisions of the trust agreement. The trust agreement, and any future amendments thereto, shall form a part of the plan and any amendments hereto, in the same manner as if all terms and provisions thereof were copied here in detail; the terms and provisions of fha plan, __a any ~ ...... = ~ ...... .u~=~= amendments ~ ..... ~,~ ,,e~o, oh~, form a par~ agreemgnt as from time to time it may be amended, in the same manner as if the ~ame were copied in said trust agreement in detail. The plan as set forth herein is an amendment, restatement and continu- ation of the superseded plan as in effect on. , 1974, and it is intended that there be no lapse either in time or effect between this plan and such super- seded plan. Under the superseded plan, all benefits provided thereunder were fun~ed through the medium of a trust fund established and maintained for the purposes of the superseded plan. Under the plan, all benefits will likewise be funded through the medium of a trust fund, established and maintained for the · Ord. No. 13-74. purpose of the plan, for the exclusive benefit of tile employees covered under the plan, and their bengficiaries. ' Ail covered employees will be treated alike under the plan; however, it is the desire and intention of the City to preserve for the benefit of the employees covered under the superseded plan all benefits accrued to their credit thereunder as of , 1974. The benefits provided under the plan for such employees, are at least equal to the benefits being provided'under the super- seded plan, as in effect on , 1974. Furthermore, no rights under the superseded plan as heretofore vested have-been diminished. The plan is applicable to each employee of the City who is eligible .to participate thereunder upon meeting the applicable eligibility requirements adopted by the City. Each such employee who retires from service with the City on or after ., 1974 in accordance with the terms of the plan will be entitled to a retirement bene{it determined in accordance with the following provisions. Each employee whose service is terminated on or after , 1974 but prior to his retzrement ~ ...... ~ will be --~ to the benefits described in Section 4.5.hereof. Any employee of the City who was a participant in the superseded plan and who had retired under such plan prior to , 1974, and who was no longer in the active full-t/me service of the City as of such date shall continue to receive the benefits to which he was entitled under the superseded plan but shall not receive any additional benefits under the plan. Ord. No. 13-74. ARTICLE II ELIGIBILITY: PARTICIPATION: SERVICE Section 2.1 - ELIGIBILITY: PARTICIPATION The word "employee" as used herein means any person in the regular full-time service of the City; provided, however, that such term shall not .include city council members, the city attorney (~nd assistants), judge, prosecutor (and asSistants) or any person employed for a temporary period or {or a temporary .job, or whose customary employment is for less than 20 hours in any one week or for less than five (5) months in any one calendar year. Also those firemen and policemen employed by the City who are participants in retirement plans as pro- vided for in Chapters 175 and 185 of the Florida Statutes or other applicable city ordinances shall not become participants in the plan. The pronouns "he", "him", and "his", used in this plan, shall also refer to similar pronouns of the femini~e gender unless otherwise qualified by the context. The date on which each such employee will become a participant in the plan shall be: (a) , 1974, for each employee who was a participant in the superseded plan as of ., 1974: (b) , 1974, for each other employee who was not a participant in the superseded plan but who has completed one (1) year of credited service as of such date; provided, however, any person employed by the City after January i, 1965, but prior to , 1974, whose attained age at his date of employment was 60 years, shall not become a participant in the plan; Ord. No. 13-74. 2-b (c) The date after , 1974 as of which each other employee has completed one (1)year of-credited service; provided, however, that any person employed by the City on or after , 1974 who has attained the age of 55 years as of the date of his employment shall not become a participant in the plan. _ Each such employee who meets the eligibility requirements as set forth above shall, as a condition of continued employment, make contributions to the pla: as required by Section 3.1 hereof, and shall become a participant in the plan and will be subject to all other provisions in the plan beginning on such date. Any employee who is absent from the active service of the City on the effective date of the plan by reason of absence granted by the City, or by reason of compulsory military service, will become a participant hereunder as of the date of his return to active employment. Each participant will be retired unher the plan and entitled to a retirement income upon retirement from service with the City by reason of his age, subject to any minimum service requirements herein. Each such participant whose employment is terminated because of mental or physical disability in accordance with Section 4.4 shall be entitled to disability benefits. Upon the death of a participant, his beneficiaries will be entitled to death benefits as prescribed in Section 4.5 hereof. Any participant whose service is terminated for any reason other than retirement, disability retirement or death will be entitled to benefits upon termination of service as provided' in Section 4.5 hereof. Ord. No. 13-74. Section 2.2 SERVICE The term service means that period of continuous, uninterrupted employment with the City from the employee's or participant's last date of employment to the earlier of the date of termination of his service and his normal retirement date or extended retirement date, whichever is applicable, as herein described. Any absence from the active s~rvice of the City, in- eluding but not limited to absences by reason of discharge or resigmation, which is not deemed a leave of absence as defined in Section 2.3 hereof, will be considered a termination of service. Ord. No. 13-74. 2-d Section 2.3 - LEAVE OF ABSENCE Absence from the active service of the City by reason of leave of absence granted by the City because of illnes~ or military service, or for an7 other reason, will not terminate an employee's or participant's service provided he returns to the active employment of the City at or prior to the expiration of his leave or, if not specified therein, within the period of time which accords with the City's policy with respect to permitted absences. If the employee or participant does not return to the active emplo~nnent of the City at or prior to the expiration of his leave of absence as above defined, his service will be considered terminated as of the date on which his leave began. Absence from the active service of the City because of compulsory engagement in military service will be considered a leave of absence granted by the City and will not terminate the service of an employee or a participant if he returns to the active employment of the City within the period of time during which he has re-employment rights under any applicable Federal Law or within 60 days from and after discharge or separation from such compulsory engagement if no Federal Law is applicable. No provision of this paragraph or in this plan shall require re-employment of any employee or ~articipant whose active service with the City was terminated by reason of military service. All participants under similar circumstances shall be treated alike with regard to this Section. · Ord. No. 13-74. Sectien 2.4 - CREDITED SERVICE The credited service of each employee or participant will be the total period of his sel~ice as defined in Section 2.2 hereof, computed i~ completed months, from his last date of employment until his normal retirement date or extended retirement date, whichever is applicable, or, if earlier, his date of actual retirement or termination of emplo~ent, except as provided in Section 2.1 and the following paragraph. The period of any absence of 31 days or more will be excluded from an ~mployee's or a participant's credited ~ervice unless he receives regular compensation from the City during such absence and except as otherwise provided below. Any absence of 30 day~ or less will be included. The first two years of any absence after the effective date of the plan due to the employee's or participant's engagement in military service will be included in his credited service if such absence is covered by a leave of absence granted by the City or is by reason of compulsory military service. An employee or a participant who was absent prior to the effective date of the plan because of his engagement in military service will be credited for the full period of such absence if such absence was covered by a leave of absence granted by the City or was by reason of compulsory military service, provided such period would otherwise have been included as credited service if the employee or participant had been in the active service of the City. Ord. No. 13-74. ~{TICLE III MISCELT~NEOUS PROVISIONS REGARDING THE PLAN Section 3.1 - PARTICIPANT'S CONTRIBUTION ACCOUNT The "participant's contribution acc6unt" will consist of mandatory participant contributions Each participant will contribute toward the cost of the plan an amount equal to 3% of thefirst $4,800 of ~is basic annual compensation as defined in Section 4.1, and 6% of his basic annual compensation in excess ~f $4,800 until the beginning of the first pay period after the adoption of this ordinance by the City Council. Beginning with the first pay'period after the adoption of this ordinance each participant will contribute toward the cost of the plan an amount equal to 6% of his basic compensation as defined in Section 4.1. Each participant shall continue to contribute to the plan until the earliest to occur of the following dates: (i) Date th~ participant retires under the plan. (ii) Date of death of the participant. (iii) Data of t~i~=tion -= ~'~ ~ ' ' participant s service City. (iv) The participant's normal retirement da~e, unless - extended as provided in Section 4.2 (A). (v) The attainment of age '65. " Anything in the plan to the contrary notwithstanding, the total benefits payable under the plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and'further provided, if a terminated participant (as defined Ord. No. 13-74. 3-b in Section 4.5) elects to withdraw his contributions prior to his normal retirement date, he will be entitled only to the return of his contributions in lieu of all other benefits payable under the plan. Contributions cannot be withdrawn while a participant remains in the service of the City or after the payment of benefits'under the plan has commenced. Ord. No. 13-74. Section 3.2 - CONTRIBUTIONS The City intends to make such contributions as are required, together with contributions of participants, to.maintain the trust fund established for the purposes of the plan on a sound actuarial basis, as determined by the actuary employed by the City Council in accordance with Section 6.7 hereof. Ord. No. 13'74. 3-d Section 3.3 - EXPENSES OF ADMINISTRATION The City may pay all expenses incurred in the administration of the plan, including expenses and f~es of the trustee, but it shall not be obligated to do so, and any such expenses and fees not so paid by the City shall be paid from the trust fund. Ord. No. 13-74. Section 3.4 - CITY'S CO>~RIBUTIONS IRR~'OCABLE The City shall have no right, title, or interest in the trust fund or in any part thereof, and no contributions made thereof shall revert to the City except such part of the trust fund, if.~ny, which remains therein after the satisfaction of all liabilities to persons entitled to benefits under the plan, as described in Section 7.5 hereof with respect to lermination of the plan. Ord. No. 13-74. Section 3.5 - A~5~MENT OF PLAN The plan may be amended by the City from time to time in any respect whatever, by ordinance by the City Council of Delray Beach, specifying such amendment, subject only to the following limitations: (A) UnJer no condition shall such amendment result in or permit the return or repayment to the City of any property held or acquired by the trustee here- under or the proceeds thereof or result in or permit the distribution of any such property for the benefit of anyone other than the participants and their beneficiaries or joint pensioners, except to the extent provided by Section 3.3 and Section 7.5 hereof with respect to expenses of administration and termination of the plaK, respectively. (B) Under no condition shall such amendment change the duties or responsibilities of the trustee hereunder without its written consent. SUbject to the foregoing limitations, any amendment may be made retroactively which, in ~the judgment of the committee, is necessary or advis- able provided that such retroactive amendment does not deprive a participant, without his consent, of a right to receive benefits hereunder which have already fully vested and matured in such participant, except such modification or amendment as shall be necessary to comply with'any laws o'r regulations of the United States or of any state to qualify this as a tax-exempt plan and trust. Ord. No. 13-74. 3-g Section 3.6 - TErmINATION OF PLAN The plan may be terminated by the City at any time by delivering to the trustee in writing an ordinance of the City Council of Delray Beach, duly certified bY an offical of the City, specifying that (a) the plan is being terminated or (b) contributions thereunder are being permanently discontinued. The plan shall automatically terminate only upon. adjudica.tion by ~a court of competent jurisdiction that the City is bankrupt or insolvent (wh~ther such proceedings be voluntary or involuntary), upon dissolution of'the City or upon its liquidation, merger or consolidation without provisions being made by its successor, if any, for the continuation of the plan. Ord. No. 13-74. ARTICLE IV BASIS~ ~MOUNT~ AND PAY~ENT OF RETIREMENT INCOME Section 4.! - BASIS OF RETIREMENT INCOME The monthly retirement income payable on retirement will be based on the participant's final monthly compensation and on his credited service. The term "final monthly compensation" means the participant's average monthly rate of compensation from the City for the 24 successive months out of the 120 months next preceding the earlier of (i) the date on ~hich his service with the City terminates for any reason, and (ii) his normal retirement date, or extended retirement date, whichever is applicable, as hereinafter described, which give the highest average monthly rate of compensation for the participant. The participant's average monthly rate of compensation will be deter- mined by dividing the total basic compensation received by him during such 24 month period by the number of-months for which he received compensation from the City in such 24 month period. The number of months for which he received compensation from the City will be computed, to the extent he was paid on other than a monthly basis, by determining the number of pay periods ending within such 24 months for which he received compensation from the City, and converting sugh pay periods into months by dividing the number thereof, if weekly, by 4-1/3, if bi-weekly, by 2-1/6, and if semi-monthly, by 2. In computing "final monthly compensation" for a participant who has returned tO the active service of the City following a leave'of absence granted by the City during which he did not receive regular compensation from the City, or following a period of disability retirement or termination of service, with a vested benefit, as described in Sections 4.4(H) and.4.5(A)(3) hereof, respectively, the period during which he was on leave of absence, or during which he was on (Drd. No. 13-74. disability retirement, or during which his servtcg was terminated, shall be tgnored,.or excluded, in determining the 24 months preceding a Subsequent date of term/nat/on of service or his date of early, normal, or extended retirement. · The term "basic compensation,, means the compensation aCtually paid to a Participant by the City, exclusive of Overtime pay, commiSSions, bonuses, expense allowances and al/ other extraordinary COmpensation. O=d. No. 13-74. Section 4.2 - NORMAL RETIREMENT ~%ND 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, however, that a participant may continue in the service of the City beyond his normal retirement date with the consent of the City, but no longer than the the first day of the month coincident with or next following the date as of which he attains the age of 65. A participant who meets the requirements of this Section 4.2 (A) shall.be 100% vested.' (B) Amount of Retirement Income: (1) To Participant I~o Retires On Normal Retirement Date: 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!5% (.025) of final monthly compensation;'and (b) is years and completed calendar months or credited service, maximum of 30 years. (2) To Participant Who Retires'On Extended Retirement Date: (Retirement Between Age 60 and Age 65 With 10 Yea~s of Credited Service) Ord. No. 13-74. 4-d The monthly amount of' ret'irement income payable to apart, icipant who retires on his extended retirement date shall be an amount equa'l to the product of (a) and (b) where: (a) is 2~ (.025) of final monthly compensation; and (b) is years and completed calendar months of credited service, maximum of 30 such years. (C) Payment of Retirement _~nco~e: .. The monthly retirement income payable in the event of normal retirement will be payable on the first day of each month. The first payment will be made on the participant's normal retirement date 'ior on the first day of the month coincident with, or next following, his actual retirement, if later), and continued thereafter during his l'ifet±me~ upon his death the full retirement [. benefit shall be continued to his spouse for one (1) year and sixty per cent (60¢) of said amount continued thereafter until tke earlier of.death or remarriage. Ord. No. 13-74. 4-e Section 4 3 EARLY RETIP~.'~NT A~UD ~- ~"~. · - ~ETIK~.~NT INCO.~[E Early retirement under the plan is retirement from the service of the City, with the consent of the City, as of the first day of any month prior to the participant's normal retirement date but subsequent to the date as of which he has both attained ~he age of 55 years and completed at least 15 years of credited service or the completion of 20 years of credited service, which- ever is applicable. In the event of early retirement, payment of retirement income will be governed by the following provisions of .this section. (A) Early Retirement Date: The early retirement date will be the first day of the month coincident with or next follow- lng the date a participant retires from the service of the City under the provisions of this section prior to his normal retire- ment date. (B) Amount of Retirement Income: The ~onthly amount of retirement income payable to a participant who retires prior to his normal retirement date under the provisions of this sec~io.n shall be an amount equal to the product of (a) and (b), where (a) is an amount equal to his number of years, of credited service, maximum' of 30 such years, at his early retirement date multiplied by 2~/o (.025) of his final monthly compensation, and (b) is the applicable actuarial reduction factor to take into account the Ord. No. 13-74. 4-e-1. participant's younger age and the earlier commencement of retire- ment income paymentS. The factor to be used in (b) above will be based on the participant's attained age, comp~ted to the nearest month, at early retirement date. (C) Payment of Retirement Income: The retirement income payable in the event of early retirement will be payable on th~ first day of each month. The first payment will be made on the participant's early retirement date and continued thereafter during his lifetime; upon his death the full retirement benefik shall be'continued to his spouse for one (1) year and sixty per cent (60~) of said ~mount continued thereafter until the earlier of death or remarriage. ®rd. No. 13-74. 4-f Section 4.4 - DISABILITY RETIRe.lENT A~ RETIRE>~NT INCOME (A) Definition: A participant may retire from the service of the City under the plRn if he becomes totally and permanently disabled, as defined in Paragraph (B) of this Section 4.4, on or after the effective date of this ordinance but prior to his normal retirement date. Such retirement from the service of the City shall herein be referred to as disab£1ity retirement. (B) Total and Perm. anent Disability: A participant will be consid- ered totally disabled if, in the opinion of the committee, he is wholly pre- vented from engaging in any occupation for wage or profit; and a participant will be considered permanently disabled if, in the opinion of the co~_mittee, such participant is likely to remain so disabled continuously and permanently from a cause other than specified in Paragraph (C) of this Section ~.4. (C) Nonadmissible Causes of Disability: A participant will not be entitled to receive any disability retirement income if, in the opinion of the committee, the disability is a result of: (1) ExcesSive end h~bitu~! use by the participant of drugs, intoxicants or narcotics; (2) Injury.or disease sustained by the participant while willfully and illegally participating in fights, riots, civil insurrections or while ~committing a felony; (3) Injury or disease sustained by the participant · while serving in any armed forces; (4) Injury or disease sustained by the participant diagnosed or discovered subsequent to the date his employment has terminated; Ord. No. 13-74. 4-g (5) Injury or disease sustained by the participant while working for anyone other than theCity, and arising out of such employment; or (6) Injury or disease sustained by the participant as a result of an act of war, whether or not such act arises from a formally declared state - of war. (D) Proof of Disability: The committee, before approving the pay- ment of any disability retirement income, shall require Satisfactory proof, in the form of a certificate from a duly licensed physician selected by the committee, that the participant has become disabled as provided herein. Every six months after commencement of disability retirement income, or more frequent- ly, the committee may similarly require proof of the continued disability of the participant. (E) Disability Retirement Income: Service Connected Disability: The benefit payable to a participant who retires from the service of the City due to total and permanent disability shall be a monthly retirement income equal to 75% of the participant's final monthly compensation at the date of disability less any primary Social Security and/or workmen's compensation benefits which the participant may re- ceive. Non-Service-Connected Disability: The benefit payable to a participant who retires from the service of the City due to total and permanent disability, after the completion of '10 yea~s of c~edited service, shall be an amount equal to 2% of final monthly compensation at th~ date of disability, Ord. No. 13-74. 4-h multiplied by the years and completed ca!~ndar months of credited service, sub- ject to a maximum monthly retirement income of 50% of final monthly compensation, less any primary Social Security and/or workmen's compensation benefits which the participant may receive. The minimum monthly income payable shall be an amount equal to the monthly income payable under the terms of the superseded plan based on the as- sumption the employee had become disabled on the effective date of this ordinance (2) Monthly Income Commencing on Normal Retirement Date The monthly income in-the amount described in Section 4.4(E)(1) above, unless previously discontinued in accordance with Section 4.4(H) below, shall cease with the last such payment being due on the first day of the month ~r~nediately preceding the disabled participant's normal retirement date. Com- mencing on the disabled participant's normal retirement date, his monthly disa- bility retirement income shall be an ~mount computed as of for normal retirement in accordance with Section 4.2(B)(1) hereof, based upon the disabled participant~ anticipated number of years of credited service at his normal r'etirement date defined below) and his projected rate of final monthly compensation at his norma[!' retirement date (as defined below). The participant's anticipated number of yea~ of credited service at his normal retirement shall be equal to·~at number which he would have accrued at such date in accordance with Section 1.4 hereof, limite· to a maximum of 30 such years as'set forth in Section 4.2(B)(1), if his employ- memt 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 retiremen date. The participant's projected rate of final monthly compensation at his normal retirement date shall be determined in accordance with Section 4.1 hereof Ord. No. 13-74 and shall be determined as of the participant's normal retirement date based on the assumption that the participant's last regular rate of monthly basic com- pensation prior to the date of termination of his service due to disability would have been continued without change to his normal retirement date. ~ (F) Payment of Disability Retirement Income: The monthly retirement income to which a participant is entitled in the event of his disability retire- ment will be payable on the first day of each month. The first payment will be made on the first day of the month coincident with, or next following the later to occur of (a) the date as of which his disability has existed for five months 'and (b) the date as of which application is made in writing by*the participant for the payment of such retirement income. The last payment will be as follows: (i) If the participaqt recovers from the disability prior to his normal retirement date, the last pa)~ent wilt be the payment due next preceding the date of such recovery. (ii) If the participant dies prior'to his normal r~tirement date without recovering from his disability, theiast '~a~me~t'Will be the paYment due next preceding the date of his death. (iii) If the participant attains his normal retirement date while still disabled, .the last payment will be the payment due next preceding the disabled participant's death. ~ (G) Recovery from DisabilitM: If the committee finds that a partici- pant who is receiving a disability retirement income is, al any time prior to his normal retirement date, no longer disabled, as provided herein, the committee shall direct that the retirement income be discontinued. Recovery from disability as used herein shall mean the ability of the participant to engage in any occupa- tion for wage or profit. However, any such participant who recovers from disa- bility and whose retirement income is discontinued by the committee and who, as Ordo No. 13-74. of the date of termination of his service due-to disability, had completed 20 years of c~=. lt=d service or had both attained the age of 55 years and com- pleted at least 1.5 years of credited service or completed at least 10 years of credited service shall, if he does not re-enter the service of the City, be entitled to the early retirement income or the vested deferred retirenent in- come as provided in Sections 4.3 and 4.5(A) hereof, respectively, based on his final monthly compensation and his credited service as of the date of termina- tion of his service due to disability and upon his attained age as of the date of recovery from disability, but early retirement will be. subject to consent of the City, and the a~ount of the retirement income upon early retirement will ~a actuaria!ly reduced to take into account the participant's younger age and th~ earlier com~nencement of retirement income payments as provided in Section 4'.3 hereof. (H) Re-emolo~.:en~ by the City: If the participant recovers from disa- bility and re-en~ers the service of the City, his service will b~ deemed to have been continuous and he will receive credited service under the plan for that period doring which he ~eas considered totally and permanently disabled as pro- vided herein. Ord. No. 13-74. Section 4.5 - BENEFITS O~{ER T}~N ON RETIR~NT (A) Benefit on Termination of Service and on Death After Termination of Service: .(1) In the event of the termination of a participant's service prior to his normal retirement date for a~ reason other than his death, early retirement with the consent of the City as described in Section 4.3 hereof, or _ ~disability retirement as desc'ribed ~ Section 4.4 hereof, after he has completed 10 years of credited service (such participagt 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 compated as for normal re- ~tirement under Section 4,2(B)(1), based upon the terminated participant's nunber of years of credited service and final monthly compensation at the date of ter- mination of his service. (2) In the event a terminated participant dies prior to the com- mencement 'of his retirement income at his normal retirement date (without having 'received, in accordance with Section 4.7, the value of the benefit in Section 4.5(A)(1) above), his beneficiary (or beneficiaries) will receive the monthly retirement income, payable for 10 years certain and life thereafter and beginning on the date of the participant's death, which can be provided by the single-sum value of the participant's accrued deferred monthly retirement income as of the date of termination of the participant's service, accumulated at interest from Ord. No. 13-74. 4-1 the date of termination of the participant's Jervice to the date of his death. (3) If a participant's service with the City is tez~inated while he is entitled to'the retirement income described in Section 4.5(A)(1) above and he subsequently re-enters the service of the City, he will be entitled, upon such re-entry, to the credited service he had on the date of termination of his service in lieu of the benefits to which he was entitled on such date under Section 4.5 (A)(1); provided, however, that the monthly retirement income payable to such par- ticipant commencing at normml retirement date shall not be less than the amount ~o which he was entitled under Section 4.5(A)(1) prior to his re-entry into the serv- ice of the City. Except as prov~ded in Section 4.4 hereof with respect to disa- bility retirement, any other participant will, on re-entry into the service of the City (unless he has been on leave of absence pursuan= to ~he provisions of Section ~.3 hereof), be treated as if he then first entered the service of the City. (4) The provisions of Section 4.6 hereof relating to optional forms of retirement income are applicable to the benefits provided under Section ~.5(A)(!) hereof. (5) Except as provided in Section 4.2 with respect to normal re- tirement, Section 4.4 with respect to disability retirement and Section 4.5 with respect to death, the participant whose service is terminated prior to the date as of which he has completed at least 10 years of credited service shall be en- t'itled only to the return of his contributions without interest. (B) Benefit Payable in the Event of Death on or Prior to Normal Retirement Date ~ile in Service: ~(1) Death Benefit: Service Connected Death: If the service of a participant is terminated by reason of his death, on, or p~ior to, his normml ~etirement date, there shall be payable the following: Ord. No. 13-74. .~i~' i~!i (A) To the spouse: or other de.,.;i ,eared°beneficiary _(o.r _~.~,._ ?~',, beneficiaries), as th~ ca~:c ~v be, a lump-sum pay- - ~?~'~ ment of $5,000; Plus ' ""~' '~"'~ '(B) To the spouse, until the earlier of his or her d . t~. .... · :- . or remarriage, whichever is applicable, a momthlv co~:e e~ual to 75% of the participant's final.~on~hl7 co~en~tion at the date of death; plus (C) ~or eack child until he or she s~ll have reached tka age of eighteen (18) years and for each child from age ~-: ...... eSghLaen .Zg) u:~ ~! age t~entv'-tvo (22):;ho-~s a : ~ t~e student in an accredited school, there shall ba .~: payable an additional monthly income equal to 7~% of the participant's final monthly compensation. The ~x- ~ monthly income for the spouse and chifdren-~m- bined shall not exceed 90% of the participant's ~fnal ~'~ ccmpansaticn a~ ~h~ ~ of "~ student's monthly income shall terminate on the first day of the month next precedinE the earlier of the child's death, marriaEe or the attainment of aEe 18;' the ~ ~thly income of a child who is a full-t~e s~u~ent shall terminate on the first-day of the month next pre- cedinE the earlier of the child's'death, marriaEe or the attainment of aEe 22. LeEally adopted children shall be el~Eible for a monthly inc me in the same ma~er as ~tural children. Ord. .lO o 13-74'. · 4-n Non-Service Connected Death: If the service of a partici- pant is terminated by reason of his death, on, or prior to,~ his normal retire- ment date, there 'shall be payable the following: (A) If the participant has less than one (1) year of cred- ited service, a lump-sum payment of $2,500, payable to the.spouse or other designated beneficiary (or bene- ficiaries). (B) If the participant has one (1) year of credited service but less than five (5) years of 'credited service, a lump-sum pa)~ent of $5,000, payable to the spouse, or other designated beneficiary (or beneficiaries). (C) If the participant has five (5) or more years of cred- ited service, there shall be payable; (i) A lump-sum payment of $5,000 payable to the spouse or other designated beneficiary (or beneficiaries); (ii) To the spouse, until the earlier of his or her death or remarriage, whichever is applicable, a monthly income equal to 65% of the participant's normal retirement income which has accrued to the date of death; subject to a minimum of 20% of the participant's final monthly compensation at the date of death; plus (iii) For each child until he or she shall have reached the age of eighteen (18) years and for each child from age eighteen (18) until age twenty-two (22) Ord. No. 13-74. 4--0 who is a full-.time student in an accredited school, there shall be pay- able an additibnal monthly income of 7~L% of the participant's final month'l~_~, compensation. The maximum monthly incor~e for the ~pouse and children combined shall not exceed 50'3'0 of the participant's final monthly compensation at the date cf death. The non-s~udant's monthly inccme shall terminate on the first day of the month next preceding the earlier of tke child's d. eath, marri~nge or the attain?.e~t of age 18; the monthly income of a child who is a full-time student shaii terminate on the first day of the month next pre- ceding the earlier of the .child's death, marriage or the attainment of age 22. Legally adopted children shall be eligible for a monthly income in 'the same manner as natural children. The minimum death benefit 'payable to the designated beneficiary (or beneficiaries) shall be an amount equal to the death benefit that would have been payable under the terms of tke superseded plan based on the assumption that th~ employee had died Ord. No. 13-74. 4-O-1. on the effective date of this ordinance. The .term spouse as used~'hroughout this plan shall mean the lawful wife or husband of the e~ployee at the time of the retirement' and death of the employee. Ord. No. 13-74. Section 4 6 OPTIO?:AL FO?~S OF RE%Ik_~..E:,T In lieu of the amount and form of retirement income payable in the event of normal retirement, early retirement, or termination of service as ified in Sections 4.2, 4.3 and 4.5(A) hereof, .a participant, or a terminated oar- ticipant as defined in Section 4.5(A) hereof, upon written request to the tee and submission of evidence of g~od health (except that such evidence t~i!i be required if such request is made at least one year prior to t.h~ date or.~- mencement of retirement income- or by the first day of the sixth mon-~[-~.~, fo!tcwln the date as of which the 'formal announcemeht of the plan is made-te ~h_.~ ........ of the City, if on the effective date of this ordinance, less _thJn~ One~.yea~ remains-prior to the participant's anticipated retirement date) ahd subject lc-the approval of the committee, may elect to receive a retirement income or.. benefit co~encing on the date specified in Sections 4.2, A.3 or 4.5(A)'~ whichava~ applicable, of equivalent actuarial value payable in accordana~ with one-of 'the following options: - -. · ' ']~.~..~.~q-f..~.- ~.:_ Option I: A reti~-ement income of a modified ' '~ payable to the participant for his li{etime,. _:-"~/ .. . _ - f'.- ' ,i .... . .~'-"'f"-- '~-'-. - except that in the event the participant dies -._ before he has received retiremen~ ben'e~its for ' -.. a period of 10 years, the same monthtM benefit w~l be paid to the beneficiary designated by ..... the participant for the balance of the '10?year period. "- ........ . ........ .'" . ...... . pption 2: A retirement income of a modified mont-hly'amoun~ payable to the participan~ du~ing the joint-life-' .... t~e of the participant and a joint pensi~er des- -'- ignated by him, and following the death of.'either' ora · . No. 13-74. of them, 2/3 of such monthly amount payable to the survivor for the lifetime of the survivor~ The join!: pensioner designated by a participant in accordance with this Option shall be either (a) the spouse of such participant or (b) any other person. The monthly incomepayabie under this Option to the participant and a joint pen- sioner designated under (b) above, shall not be less than the monthly income that Would be payable under a payments certain to age 85 years and life thereafter form. .Option 3: Such other amount and form of retirement payments or benefits as, in the opinion of the retirement committee, will best meet the circumstances of the participant; provided, however, that if such form is other than a joint and survivor form of retirement payments or benefits, the monthly in- come payable to a participant under such form shall not be less than the monthly income that would be payable under a payments certain to age 85 years and life thereafter form. The participant, upon electing any option of this section, will desig- nate the joint pensioner or beneficiary (or beneficiaries) to receive the bene- fit, if any, payable under the plan in the event of his death and will have the power to change such designation from time to time, but any such change shall be Ord. No. 13-74. 4-r deemed a new election and will be subject to approval by the committee. Such designation will name a joint pensioner or one or more primary beneficiaries ~where applicable. If a participant has eleCted an option with a joint pensioner or beneficiary (or beneficiaries) and his retirement income benefits have com- menced, he may thereafter change his designated joint pensioner or beneficiary (Or beneficiaries) but only if the committee consents to such change and, in tke case where the designation to be changed is one involving a joi~t pensioner, if the joint pensioner last previously designated by him is alive when he files wit~ the committee his request for-such change. The consent of a participaqt's joint ~%~p~nszoner or beneficiary (or beneficiaries) to any such change shall not be re- .~.quired. The committee may request such evidence of the good healt~ of the joint pensioner that is being removed as it may require, and the amount of retirement income payable to the participant upon the designation of a new joint pensioner shall be actuarially redetermined, taking into account th'e age and sex of the former joint pensioner, the new joint pensioner and the participant. Each such designation will be made in ~iting on a form prepared by the committee, in the .event that no designated beneficiary survives the participant, such benefits as are payable in the.event of the death of the participant subsequent to his re- tirement shall be paid as provided in Section 5.2 hereof. Retirement income payments will ~e made under the option elected in accordance with theprovisions of this section and will'be subject to the follow- ing limitations: (A) If a participant dies prior to his retirement under the plan, or if a terminated participant dies prior to the commencement of his payments at, his normal retirement date, no benefit will be payable under the option to any Ord. No. 13-74. 4--S person, but benefits will be payable as p~ovid~J ~n Section 4.5 hereof. (B) If the designated beneficiary (or beneficiaries) or joint pen- sioner dies before the participant's retirement under the plan or subsequent to a terminated participant's date of termination of service but prior to his normal retirement date, the option 'elected will be cancelled automatically and a retire- ment income of the normal form and amount-will be payable to the participant upon his retirement or to the terminated participant at his normal retirement date as if the election had not been made, unless a new election is made in accordance with ~he provisions of this section or unless a new beneficiary (or beneficiaries) or joint pensioner is designated by the participant prior to his retirement or by the terminated participant prior to his normal retirement date and within 90 days after the death of the prior beneficiary (or beneficiaries) or joint pensioner. (C) If both the participant and the beneficiary (or beneficiaries) designated by him die after the date that'the participant's retirement income com- mences under the plan but before the full pas~ent has been effected under any option providing for payments for a period certain and life thereafter, made pur- suant to the provisions of Option 1 or Option 3, the committee may, in its discre- tion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 5.3 hereof. Ord No 13-74 Section 4.7 - Lb,f'-.lTM PA~ENT OF SMALL RETIR~[ENT INCOME Notwithstanding any provision of the 91an to the contrary, if the monthly retirement income payable to any person entitled to any benefit here- under is less than $50 as of the date of his retirement or termination of serv- ice, whichever is applicable, the committee may, in the exercise of its discre- tion, specify that the ~ctuarial equivalent of such retirement income be paii in a lump-sum or in monthly installments for a period certain of not more tha ~ 60 months, such actuarial equivalent to be based upon the mortality and interest assumptions used as a basis for the las~ preceding valuation of the plan. Ord. No. 13-74. ¸4-u Section 4.8 - LIMITATION ON PAYMENT OF RETIR~NT INCO~[E Notwithstanding the fact that the monthly retirement income is payable for life, if any person receiving a monthly retirement income should receive or become entitled to receive any compensation for personal services currently per- formed under substantially full-time continuous employment by the City of Delray Beach at the regular compensation, the monthly retirement income shall cease during the period for which such compensation is payable. Such monthly retire- ment income shall, however, be resumed again at the same rate when such compensa- tion thereafter ceases to be payable. Ord. No. 13-74. ~eg~ion 4.~ ~ ~E~NATI~N OF SERVICE FOR DISHONESTY .If'~participant's service is terminated because of dishonest conduct 'injurious to the City, or if dishonest conduct injurious to the City coranitted by a participant is determined by the City during the lifetime of the partici- pant but within one year after his service with the City is terminated or within one year after his retirement, under the plan, the committ'ee, upon notice from th City Council of Delray Beach, may terminate such a participant's int rest and benefits under the plan and trust fund· The dishonest conduct injurious to the City committed by a participant shall be determined and decided by the committee only after a full investigation 'of such alleged dishonest conduct and an opportunity has been given the partici- pant to appear before the committee to present his case. The decision made by the committee in such cases shall be final and binding in all participants or other persons affected by such decision.. 'Ord. No. 13-74. Section 4.10 - FUNDING OF BENEFITS THROUGH PURCHASE OF LIFE INSU?~NCE CO~iY~\CT OR CO.,Tz~A~TS In lieu of paying benefits from the trust fund to a participant or his beneficiary, upon direction of the committee, with specific prior authorization by the City, the trustee shall purchase, with funds in the trust, an individual retirement income or retirement annuity contract from an insurance company which, as far as possible, provides benefits equal to (or actuarially equivalent to) those provided in the plan for such participant or beneficiary, whereupon such contract shall thereafter govern the payment of the amOunt of benefit, if any, represented by such'contract which is payable under the plan upon the partici- pant's normal retirement, early retirement, death, or termination of service, and the liability of the trust fund and of the plan will cease and terminate with respect to such benefits that are purchased and for which the premiums are duly paid. Such individual retirement income or-retirement annuity contract may be purchased by the trustee on a single-premium basis or on the basis of annual premi~ns payable over a period of years, as directed by the committee and as agreed upon by the insurance company; and such individual retirement inccne or retirement annuity contract may be purchased, as directed by the committee, at any. time, on, or after, the participant's date of retirement to provide the bene- fits due under the plan to ~he participant or his beneficiary, on, or after, the date of such purchase. With specific prior authorization by the City, the committee 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 Ord. No. 13-74. 4-X 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 insurance benefit will be no greater than one hundred. (100) times the participant's Anticipated..~onthly retirement income cpmmencing at normal retirement date. The amount of such anticipated monthly retirement income commencing at normal retirement date shill be computed as for normal re- tirement in Section 4.2(B)(1). ' The participant's projected final monthly compensation a't normal re- tirement date shall be determined in accordance with Section 4.1 hereof;~ and shall be determined as of the participant's normal retirement da~e, based:o~ the assumption that the participant's rate of monthly compensation as ~ his datd of death had been continued without change to his normal retirement date.--Spe6~f_i- cally, such retirement annuities and other b~ · fits as may be p~ovided for in the plan 'may be purchased under one or more deposit administration type group annuity contracts .... ~ NO insurance company which may issue any contract upon the appiicanion of the trustee shall be required to take or permit any action contrary to the provisions of such contract; or be bound to allow afly benefit or privilege to any person interested in any contract it has issued which is not provided in such con- tract; or be deemed to be a party to this plan for any purpose;, or be responsible for the validity of this plan; or be required to look into the terms of this plan; or question any act of the committee or the trustee hereunder; or be required to see that any action of the trustee is authorized by this plan. Any such issuing company shall be fully discharged from any and all liability for any a~ount paid to the trustee; or in accordance with its ~irectidn; ~nd no issuing company shal Ord. No. 13-74. be obligated to see to the application of any monies so paid by it. Any such issuing company shall be fully protected in taking or permitting any action on the faith of any instrument executed by the trustee in its name as trustee, and shall incur no liability for so doing. Upon termination of employment, a participant may receive ~he retire- ment income and/or annuity policies which are Being purehased for him at the date of his termination, in lieu of any other benefit which he may be entitled to re- ceive, upon payment to the trustee of the difference between the cash value of the policies and the amount that the participant is entitled to receive as a benefit upon termination of his service. Ord. No. 13-74. Section 4.11 - TECHNICAL PROVISTO?fS REQUIRED BY THE INTERNAL REVENUE CODE ~ND TREASURY D£?ART>~EXT °EGULATiO~S (A) Temporary Limitations on Benefits for the 25 Highest-Paid _Employees: (1) Class Restricted: This Section 4.11(A) is applicable only to those of the 25'highest-paid employees of the City, determined whose monthly retirement income upon normal retirement date would exceed $125. The term "em- ployee" as used in this Section 4.11(A) shall include all persons in the employ- ment of the City who are participants in the plan and all other persons in the~ employment of the C~ty on such date who may later become participants in the plan. (2) Restrictions: Subject only to the specific exceptions con- tained in this Section 4.11(A) and notwithstanding any provisions of the plan to the contrary, the amount of City contributions which may be used to'provide bene- fits for any participant to whom this Section 4.11(A) is applicable which may be received prior to the end of the 10-year period that next follows the effective date of the'plan shall not exceed an amount which is equal in value to (or which (a) $20,000.00; or (b) An amount equal to'(i) 20% of the participant's average regular compensation received from the City for the five (5) years immediately preceding the date of such deter- mination or the date of termination of service or the normal retirement date, respectively, for a participant whose service is terminated, who has retired prior to his normal retirement date or who has attained his normal re- tirement age, whether or not he has retired under the p ~)~d. No. 13-74. or (ii) $10,000.00, whichever is smaller multiplicd by the number of years between the date of the establish- ment of the plan and Ithe earliest of: (i) the date of termination of the plan;' (ii) The date the benefit of an employee, who is among the twenty-five highest paid whose anticipated annual retirement income exceeds $1,500, becomes payable; or (iii) the hate of the failure to meet the full current costs of the plan, in the case of an employee de- scribed in (ii) above. Provided, however, if the full current costs of the plan have not been met at the end of the 10-year period that next follows the effective date of the plan, the above restrictions will continue to apply until the full current costs are funded for the first time. (3) Exceptions: The foregoing conditions will not restrict the payment of the full benefits to a beneficiary after the death of a participant whose benefits are subject'to the provisions of this Section 4.11(A) if, at the time of'such death', the plan is in full effect and tile full current costs thereof 'have not been met. The provisions of this Section 4.2(A) will not apply to the / retirement income payable in the normal form or under any optional form which does not provide a larger monthly income than the income payable for life to any par- ticipant retiring or receiving benefits during any period in which the plan is in full effect and the full current custs thereof have been met. The limitations of this Section 4~1 (A) will not apply to the payment of any survivorship income with respect to any deceased participant or retired participant who dies prior, to the termination of the plan and while the full current costs thereof have been met. 'Ord. No. 13-74. 4-bb (4) Future Amendment: If the plan is amended so as to produce a substantial increase in benefits actually payable, in the event of the subsequent termination of the plan or the subsequent discontinuance of contributions, the provisions of this Section 4.11 (A) shall be applied to such increase in benefits under the plan as amended as though the increase were benefits under a new plan established on the effective date of such amendment. However, the provisions in - Subsection 4.11(A)(2) that the unrestricted amount of City contributions on be- half of any employee is at least $20,000 is applicable to the aggregate amount contributed by the City on behalf of such employee from the effective date of the plan, and for the purpose of determining if the employee's anticipated normal monthly retirement income produces in excess of $125 per month, both the City con- tributions on the employee's behalf prior to the effective date of the amendment of the plan and those expected to be made on his behalf subsequent to the effective .date of the amendment of the plan (based on the employee's rate of compensation on the.effective date of such amendment) are to be taken into account. (5) Use nf Yun~s After R~h~ ~ m,~ ~ ...... Satisfied: In the event of the termination of the plan while the limitations of this Section '4.!l(A) are in effect, that portion of the assets of the trust fund arising from contributions made by the City with respect to those of its employees to whom the provisions of this Section 4.11(A) are applicable which is in excess of the limi- tations set forth in.Subsection 4.11(A)(2) above will be apportioned to its other participants, including its retired participants, in accordance with the provi- sions of Section 7.5 hereof; provided, however, if there be any asset value after the full apportionment specified in Subsections 7.5(C) (1), 7.5 (C) (2), 7.5(C) (3), 7.5(C)(4), and 7.5(C)(5), apportionment shall be made in a nondiscriminatory Ord. No. 13-74. manner, prior to the apportionment specified in Section 7..5(C)(6) with respcct to each employee to whom the provisions of this Section 4.11(A) are applicable in the amount required to provide that portion of the allocation provided on his behalf under Section 7.5(C) to which he is not entitled by reason of the limitations of this Section 4.11(A), and provided further that, if such remain- ing asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced as contemplated by Section 7.5(C) so thit the aggregate of such reduced amounts will be equal to such remaining asset value. (B) Forfeitures: Forfeitures shall not be used to increase the benefits that any employee would otherwise receive under the plan at any time prior to the termina- tion of the plan or the complete discontinuance of contributions to the plan but shall be anticipated in determining the costs under the plan. Likewise, any dividends under any contracf issued in accordance with Section 4~10 shall not be used to increase the benefits that any employee would otherwise receive under the plan. (C) Benefits Nonforfeitable if Plan is Terminated or Contributions Permanently Discontinued: Any provisions of the plan to be contrary notwithstanding, in the event that'the plan is terminated or contributions to the trust are completely discontinued, the rights of each participant in the plan.to benefits accrued to such date of termination or discontinuance, to the extent then funded, shall be nonforfeitable, and such benefits shall be determined and distributed as provided in Section 7.5 hereof. (~rd. No. 13-74. 5-a ARTICLE V MISCELLANEOUS PROVISIONS RECARDING PARTICIPANTS Section 5.1 - PARTICIPANTS TO FU?NISH REQUIRED INFORSbkTION Each participant will furnish to the committee such information as the committee considers necessary or desirable for the purpose of administering the plan and the provisions of the plan resp~ctin~ any payments thereunder gre conditio-~l upon the participant's furnishing promptly such true, full and com- plete information as the committee may request. Each participant Will submit proof ~f his age (and, in the case of his election of Option 2 or Option 3 pursuant to the provisions of Section 4.6 hereof, proof of the age of the joint pensioner selected by him) to the committee 'at such time as required by the committee. The committee will, if such proof of age is not submitted as required, use as conclusive evidence thereof, such infor- mation as is deemed by it to be'reliable, regardless of the source of such infor- mation. Any adjustment required by reason of lack of Proof or misstatement of the age of persons entitled to benefits hereunder, by the participant or other- wise, will be in such manner as the committee deems equitable. Any notice or information which, according to the terms of the plan or the rules of the committee, must be filed with the committee shall be deemed so filed if addressed and either delivered in person or mailed to the committee, in care of City of Delray Beach, Delray Beach, Florida. Ord. No. 13-74. 5-b Section 5.2 - BENEFICIARIES Each participant may, on a form provided for that purpose, signed and filed with the committee designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable, in the event of his death, pursuant to the provisions of Sections 4.5 or 4.6 hereof, and each designation may be revoked by such participant by signing amd filing with the committee a new desig- nation of beneficiary form. If a deceased participant failed to. name a benefi- ciary in the manner above prescribed or if the beneficiary (or beneficiaries) named'by a deceased participant predeceases the participant, the death banefit, if any, which may be payable under the plan with respect to such deceased partici- pant may be paid, in the discretion of the committee, either to (a) any one or more of the persons comprising the group consisting of the participant's spouse, the participant's descendants, the participant's parents, or the participant's heirs- at-law, and the committee may pay the entire benefit to any member of such group or apportion such benefit among any two or more of them in such shares as the com~mit- tee, in its sole discretion, shall determine, or (b) the estate '~f such decea~e~ pmrticipant; provided, however, that in any of such cases, the committee, in its sole discretion, may direct that the commuted value of the r~maining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to the power and discretion conferred upon the committee by the provisions of this Section 5.2 shall operate as a complete discharge of all obligations under the plan with respect to such deceased participant and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons over interested hereunder. · 0Cd. NO o 13-74. Section 5.3 - CONTINGENT BENEFICIARIES In the event of the death of a beneficiary who survives the participant and who, at the beneficiary's death, is raceiving benefits under Sections 4.5, or 4.6 hereof within the 10-year (or other) peridd with respect to which death bene- fits are payable under the plan after the participant's death, the same amount of monthly retirement income which the beneficiary was receiving shall be payable fc the remainder of such 10-~ear (or other) period to a person designated by the pas ticipant to receive the remaining death benefits, if any, payable in the event of much contingency or,' if no person was so named, then to a person designated by the beneficiary of the deceased participant to receive the remaining death benefits, if any, payable in the event of such contingency; provided, however, that if no person so designated be living upon the occurrence of such contingency, then the remaining death benefits, if any, shall be payable for the remainder of such ap- plicable 10-year (or other) period, in the discretion of the committee, either to (a)-all or any one or more of the persons comprising the group consisting of the participant's spouse, the beneficiary's spouse, the participant's descendants, the beneficiary's descendants, the participant's parents, the beneficiary's parents, theparticipant's heirs-at-law, or the beneficiary's heirs-at-law or (b) the estate of such deceased beneficiary'; provided further, that in any of such cases the com- mittee may, in its discretion, 6irect that the commuted value of the monthly're- tirement income payments due for the remainder of the applicable 10-year (or other) period be paid in a lump sum. Any payments made to any person pursuant to the power and discretion conferred upon the committee.by the provisions of this Section 5.3 shall operate as a complete discharge of all obligations under the plan with re~ spect to'such deceased beneficiary~and shall not be subject to review by anyone shall be final, binding and conclusive on all persons ever interested hereunder. Ord. No. 13-74. 5-d Section 5.4 - PARTICIPANT'S RIGHTS IN TRUST FUND No participant or other person shall have any interest in or any right in, to or under the trust fund, or any part of the assets thereof, except as and to the extent expressly provided in the plan.', Ord. No. 13-74. Section 5.5 BENEFITS z,,OT No benefits, rights or accounts shall exist under the plan which are subject in any manner to voluntary or involuntary anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or .~harge and any attempt so to anti- cipate, alienate, transfer, assign, pledge, encumber or charge the same shall be void; nor shall any sUch benefit, right or account be in any manner liable for or subject to the debts, contracts, liabilities, engagements, torts' or other obli- gations of the person entitled to such benefit, right or account, except as spe- cifically provided in the pian; nor shall ~n~ benefit, right or account under the plan constitute an asset in case of the bankruptcy, receivership or divorce of any person entitled under the plan. If a participant or any other person entitled under the plan becomes bankrupt or-makes an assignment for the benefit of creditors or in any way suffers a lien or judgment against his personal assets, or in any way attempts to antic- ipate,'alienate, sell, assign, pledge, encumber or charge a benefit, right or account, except as specifically provided in the plan, then such benefit, right or account in the discretion of the committee may cease and terminate; and in that event the trustee shall, at the direction of the committee, hold or apply funds equal in value to such terminated account in the interest of such participant. This shall include not only distributions directly to the participant at the com- mittee's discretion but to or for the benefit of the participant's spouse, child- ren or other dependents where the committee determines this ,~0 be necessary for the participant to discharge his duty of support to such persons, the distribution to be in such manner and in such proportion as the committee shall determine. (See Section 5.6, Subsections (B), (C), and (D) below for permissable methods of distribution). Ord. No. 13-74. 5-f Section 5.6 - BENEFITS PAYABLE TO MINORS Ah~D INCO~ETE~S Whenever any person entitled to payments under this plan sha%l be a minor or under other legal disability or in the sole judgment of the committee shall otherwise be unable to apply such payments to his own best interest and advantage (as in the.case of illness, whether mental or physical, or where the person not under legal disability is unable to preserve his estate for his own best interest), the committee may, in the exercise of its discretion, direct all or any portion of such payments to be made in any one or more of the fol- lowing ways unless claim shall have been made therefor by an existing and duly appointed guardian, conservator, committee or other duly appointed legal rep- resentative, in which event payment shall be made to such representative: (A) Directly to such person unless such person shall be a minor or shall have been legally adjudicated incompetent at the time of the payment; (B) To the spouse, ehild, parent or other blood relative to be expended~on behalf of the person entitled or on behalf of those dependents as to whom the person entitled has the duty of support; (C) To a recognized charity to be expended for the benefit of the person entitled or for the benefit of those dependents as to whom the person has the duty of support; or (D) By the committee itself receiving and expending or directing the expenditure of the same for the benefit of the person entitled or for the benefit of those dependents as to whom the person has the duty of support. The decision of the committee will, in each case, be final and binding npon all persons and, except in the case of (D) above, the committee shall not be Ord. No. 13-74. 5-g obliged to see to the proper application or expenditure of any payments so made. Any 'payment made pursuant to the power herein conferred upon the committee shall operate as a complete discharge of the obligations of the trustee and of the com- mittee. Ord. No. 13-74. 5-h Section 5.7 - CONDITIONS OF E~LOI~ENT NOT AFFECTED BY PLtN The establishment and maintenance of the plan will not be construed as conferring any legal rights upon any participant'to the continuation of his em- ployment with the City, nor will the plan interfere with the rights of the City t° discipline, lay off or discharge any participant. Ord. NO o 13-74. 5-i Section 5.8 - ABANDOX~ENT OF BENEFITS Each participant and Other person entitled to benefits hereunder shall ~ file with the committee from time to time, in writing, his post office address and each change of post office address, and any check representing payment here- nnder and any communication addressed to a participant, a former participant, a beneficiary or a pensioner hereunder at his last address filed with the committee - (or, if no such address has been filed, then at his last address as indicated on the records of the City) shall be binding on such person for all purposes of the plan, and neither the committee nor the trustee shall be obliged to search for or ascertain the location of any such person. If the committee, for any reason, is in doubt as to whether retirement · income payments are being received by the person entitled thereto, it shall, by registered mail addressed to the person concerned at his address last known to the. committee, notify such person fhat:~ (A) ~All unmailed and future retirement income payments shall be hence- and his proper mailing address; and (B) His right to any retirement income whatsoever shall, at the option of the committee, be cancelled~forever if, at the expiration of three years from the date of such mailing, he shall not have provided the committee with evidence of his continued life and his proper mailing address. (C) Upon legal detez~ination of death, or other evidence satisfactory to the committee, a participant's retirement income payable under any provision of the plan will be paid to his designated beneficiary. If, however, no designa.ted bene- ficiary is recorded with the committee, it will be paid first to his spouse, if living, and if not, to his surviving children in equal shares. 6rd. No. !3-74. 6-a '' ARTICLE VI ADMINISTRAT!ON Section 6.1 - ADMI}4ISTRATION BY RETIREHENT COI. DIITTEE The plan will be administered .by the Retirement Committee (herein re- ferred to as the "committee") appointed by the City Council of Delray. Beach, consisting of (a) a chairman and at least one but not more than four additional members, (b) a single individual or (c) a corporate trustee. ~ere the com~mittee consists of one or more individuals, each member may, but need not, be an official or employee of the City,'and each such member, or the corporate trustee selected to act as the committee, shall be appointed by the City Council of Delray Beach to serve until his (or its) successor shall be appointed in like manner. ~ere the committee is a corporate trustee which at the same time is serving as trustee of the plan, such corporate trustee shall function separately in its two capacities insofar as the plan and trus~ are concerned; as the committee it may deal with it- self as trustee and as trustee it may deal with itself as the committee, and the records maintained by such corporate trustee for the purposes of the plan and trust shall show clearly the capacity in which such corporate trustee is acting in -any action taken by it. An individual member of the committee may resign by de!iv- ering his written resignation to the City Council of Delray Beach and to the other members of the committee. A corporate trustee serving as the committee may resign from such capacity by delivering its written resignation to the City Coun- cil. The City Council of Delray Beach may remove an' individual member of the committee by so notifying the member and other committee members, if any, in writ- ing and may remove a corporate trustee serving as the committee by so notifying such corporate trustee in writing. Where the committee consists of one or more individuals, vacancies on the committee shall be filled by action of the City Council ~f Delray Beach. Ord. No. 13-74. Section 6.2 OFFICERS AND ~PLO ..... S OF RETIREmeNT CO~C. IITTEE The committee may appoint a secretary who may, but need not, be a mem- ber of the cormnittee. The City Council shall employ such agents, clerical and other services, legal counsel, accountants, investment counselor and actuaries, as may be required for the purpose of administering the plan. Ord. No. 13-74. Section 6.3 - ACTION BY RETIRemENT CO~D~ITTEE ' A majority.of the members of the committee shall constitute a quorum for the transaction of business and shall have full power to act hereunder. Any written memorandum signed by the secretary or any member of the co~nittee who has been authorized to act on behalf of the committee shall have the same force and effect as a formai resolution adopted in open meeting. Minutes of all meetings of the committee and a record of any action taken by the committee shall be kept in written form and such record shall be kept by the secretary appointed by the committee. The committee shall give to the trustee, any order, direction, con- sent, or advice, required under the terms of the trust agreement, and the trustee shall be entitled to rely on any instrument delivered to it and signed by the sec- ~,~retary or any authorized member of the committee as evidencing the action of the committee. A member of the co~nittee may not vote or decide upon any matter relating solely to himself or vote in any case in which his individual right or claim to any benefit under the plan is particularly involved. If, in any case in which an individual committee member is so disqualified to act, the remaining members cannot agree, then the City Council of Delray Beach w%ll appoint a tem- porary substitute member to exercise all of the powers of a qualified member con- cerning the matter in which the disqualified member is not qualified to act. Ord. No. 13-74. 6-d The com. mittee shall have ~he authority to make such rules and regulations and to take such action as may be necessary to carry out the provisions of the plan. and will, subject to the provisions of the plan, decide any questions arising in the administration, interpretation and application of the plan, which decisions shall be conclusive and binding.on all parties. The committee may delegate any par+-` of its auth~rity and duties as it deems expedient. 6rd. No. 13-74. Section 6.5 - POWERS OF RETIRE~.(ENT COI.9(ITTEE. In order to effectuate the purposes of the plan, the co~-mittee shall have the power to construe the plan, to supply any omissions therein, to recon- cile and correct any errors or inconsistencies, and to make equitable adjustments for any mistakes or errors made in the administration of the plan, and all such actions or determinations made by the committee ~n good f~ith shall not be subject to review by anyone. · Ord. No. 13-74. 6-f Section 6 6, I, IABILITM OF No members of the committee shall be liable for any loss unless result- ing from his (or its) own fraud or willful misconduct, and no member shall be personally liable upon, or with respect to, any agreement, act, transaction or omission executed, committed, or suffered to be com~mitted by himself as a member of the committee or by any other member, agent, representative or employee of the committee. The com~mittee and any individual member of the committee and any agent thereof shall be fully protected in relying upon the advice of the following pro- fessional consultants or advisors employed by the City Council: Any attorney inso- far as legal matters are concerned, any accountant insofar as accounting matters are concerned, any investment'counselor insofar as investment matters are concerned, and any actuary insofar as actuarial matters are cOncerned. (3rd. No. 13-74. 6-g Section 6.7 - ACTUARY The actuary will do such technical and advisory work as the City Council' .may request including analysis of the experience of the plan from time to time, ' the preparation of actuarial tables for the making of computations thereunder, and the submission of an actuarial report as of the anniversary date of the plan each' year to the City and the co~n~nittee, which report shall contain an actuarial valua- tion showing the financial condition of the plan, a statement of the contributions .to be made by the City for the ensuing year, and such other information as may be required by the committee. The actuary shall be appointed by the City Council_to serve as long as it is agreeable to the City Council'and the actuary. In computing benefits to which a participant may be entitled upon early retirement, upon the exercise of optional forms of ret'irement income, or upon termination of the plan, and in all other ~nstances in which actuarial computations are required, the Jctuary shall use such assumptions of mortality and interest rates as were employed in the most recent actuarial valuation of the plan, or, at the option of the committee, such assumptions as are decided upon jointly by the actuary and the committee as being reasonable at the time such calculations are made. The actuarial assumptions and the computations made therefrom adopted by.the committee shall be conclusive and binding on all persons whomsoever. Neither the committee nor the Ci'ty shall be liable for any mistakes or errors in such computations made in good faith, and the trustee shall not be liable for any such mistakes or errors in any event. Ord. No. 13-74. 6-h Section 6.8 - APPLICABLE LA~q The plan Will be construed and enforced according to 'the laws of the State of Florida, and all provisions of.the plan will be administered according to the laws of the said State. ~rd. No. i3-74. .. ARTICLE VII TRUST FUND AND TRUSTEE Section 7.1 - TRUSTEE The term "trustee" means the trustee appointed by the City to administer the trust fund created for the purposes of the plan or such other trustee as tbe City may designate from time to time. Ord. No. 13-74. 7-b Section 7.2 - PURPOSE OF TRUST FU~ A trust fund will be created and maintained for the purpose of the plan, and the mo~ies thereof will be invested in'accordance with the terms of the agreement and declaration of trust which forms a part of the plan. All con- tributions will be paid into the trust fund, and all benefits under the plan will be paid from the trust fund. Ord. No. 13-74. Section 7.3 - BENEFITS SUPPORTED ONLY RY TRUST FUND Any person having any claim under tha plan will look solely to the assets of the trust' fund for satisfaction. In no event will the City or any of its officials, employees, members of it$..City Council or agents be liable in their individual capacities to any person whomsoever, under the provisiohs of the plan or of the trust agreement. Ord. No. 13-74o 7-d Section 7.4- TRUST ~7:,:D APPLICABLE ONLY TO PA~'ENT OF BE,~EFI.S" w The trust fund will be used and applied only in accordance with the provisions of the plan, to provide the benefits thereof, and no part of the. corpus or income of the trust fund will be used for, or diverted to, purposes other than for the exclusive benefit of participants and other persons there- under entitled to benefits, except to the extent provided in Section 3.3 and - Section 7.5 hereof with respect to expenses of administration and termination of the plan, respectively. Ord. No. 13-74. Section 7.5 - TEP~INATION OF P~;\N A:~D DISTRIBUTION OF TRUST FLqND Upon termination of the plan for any reason, or upon written notice to the trustee that hontributions thereunder are being permanently discontinued, or upon discontinuation of contributions for other than a temporary period, the trust fund shall be apportioned and distributed in accordance with the following procedure: (A) The committee, under the direction of the City Council, shall de- termine the date of distribution and the asset value t° be distributed, after ,taking into account the expenses.of such distribution, (B) The committee, under the direction of the City Council, shall de- termine the method of distribution of the asset value, that is, whether distribu- tion shall be by pa)nnent in cash, the maintenance of another or substituted trust fund, by the purchase of insured annuities, or in kind based 'on the then market value, for each class of participants and other persons entitled to benefits under the plan, as specified in (C) below. (C) The ~o.-~t~, ,,n~ ~-h~ direction of ~-he C~y Council s~al~ · portion, the asset value as of the date of termination in the manner set forth below, on the basis that the amount requi~:ed to provide any given retirement income shall mean the actuarially computed single-sum value of such retirement income, ex- cept that if the method of distribution determined under (B) above involves the purchase of an insured annuity, the amount required to provide the given retirement income shall mean the single premium payable for such annuity: (1) An amount equa.1 to each participant's contribution less the aggre- gate of any retirement income payments made with respect to such Ord. No. 13-74. 7-f participant will be determined, and such amount will be apportioncd from the asset value. Such asset value, if insufficient to provide such amount in full, will be apportioned among such participants in proportion to the amounts determined with respect to them. (2) Apportionment will next be made with respect to each retired par- ticipant receiving a retirement i~come hereunder on such date, each person receiving a retirement incQme on such date on account of a deceased participant or a retired (but since deceased) participant, and each participant who has,'by such date, become eligible for normal retirement, but has not yet retired, in the amount required to provide such retirement income; provided that, if the asset value be less than the aggregate of such amounts, such amounts will be proportionately reduced so that the aggregate of such reduced amounts will be equal td the asset value. (3) If there be any asset value remaining after the apportionment under (1) and (2) above: apportionment shall next be made with re,peet to each participant in the service of the City on such date who has both attained the age of 55 years and completed at least 15 years of credited service, or has completed 20 years of credited service, whichever is applicable, and each former participant who as of his date of termination of service had both attained the age of 55 years and completed at least 15 years of credited service or completed 20 years of credited service and who is entitled to a benefit under the provisions of Section 4.5 (A) hereof and who has not by such date Ord. ?~. !P-74~ reached his normal retirement date, in the amount required to pro- vide the actuarial equivalent of the retJ. rement income accrued to the date of termination; provided that, if such remaining asset value be less than the aggrega.~e of the amounts thus apportioned hereunder, Such latter amounts shall be proportionately reduced so that the aggregate of such redJced amounts will be equal to the remaining asset value. (4) If there by any asset value remaining after the apportionments under (1), (2) and (3) above, apportionment shall next be made with re- spect to each participant in the service of the City on such date who is not entitled to an apportionment under (1), (2) or (3) above, but who has completed at least 10 years of credited service, in the amount required to provide the actuarially equivalent single-sum value of his ve~ted deferred retirement income accrued to the date of termination of the plan - i.e., the actuarially equivalent sin- gle-sum value of the retirement income which he .... ~ ' .... '~ titled to receive had his service been terminated on the date of termination of the plan, and to each former participant who is not entitled to an apportionment under (3) above, then entitled to a benefit under the provisions of Section 4.5(A) hereof who has not, by such date, reached his normal retirement date, in the amount re- quired to provide the actuarially equivalent single-sum value of the accrued d~ferred retirement income to which he is entitled un- der Section 4.5(A) hereof; provided, however, that if such remaining asset value be less than the aggregate of the amounts apportioned Ord. No. 13-74. hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. (5) If there be any asset value remaining after the apportionments under'(1), (2), (3) and (4) above, apportionment shall next be made with respect to each participant in the service of the City - on such date who is not entitled to an apportionment under (1)~ (2) and (3) above, in the amount required to provide the actu- arially, equiva~ent single-sum value of his non-vested deferred retirement income accrued to the date of termination of the plan (i.e., the single-sum value of his deferred retirement income ac- crued to the date of termination of the plan less any apportion- ment under (4) above); provided that, if such remaining asset value be less than the aggregate of the amounts apportioned here- under, such latter amounts shall be proportionately reduced so that the aggregate of such reduced values will be equal to such ~emaining asset value. (6) In the event that the£e-be asset value remaining after the full apportidnments'specified in (1), (2), (3), (4) and (5) above, and under the provisions of Section 4.11(A), subsection (5), such ex- cess shall be returned to the City. Ord. No. 13-74. 7-i (D) The order of priorities for, and ~he amounts of, distribution set forth in (C) above shall be subject (i) to the limitations provided by Section 4.11 of the plan and' (ii) to such distributions not being determined to be other- wise discriminatory by the Internal Revenue Service. In the event~either the limitations under Section 4.11 becomes effective or the Internal Revenue Service rules that the distributions are otherwise discriminatory, adjustment may be made in the said priorities and amounts of distribution as may be required to satisfy the requirements of' Section 4.11 or of the internal Revenue Service, as the case may be. (E) As soon as practicable after receipt by the City of a determina- tion letter from the Internal-Revenue Service stating that the method of distri- bution in this Section 7.5 will not adversely affect the continued qualified status of the plan, the committee shall direct the trustee to distribute, in ac- cordance with the manner of distribution determined under (B) above, the amounts apportioned under (C) or (D), as the case may be, above. Ord. No. i3-74. SECTION 2. That the present retirement con%m, ittee of the Retirement Plan for Em~ployees of the City of De!ray Beach shall continue to serve in such capacity until changed by the City Council. SECTION 3. That the Sun First National Bank of Delray Beach shall coutinue to act as Trustees pursuant to the agree- ment heretofore entered into oetwe~n the City of Delray Beach as settlor and employer and the First National Bank of De!ray Beach (now known as Sun First National Bank of Delrasr Beach) as Trustee dated November 13, 1964. SECTIO.i~ 4. Specific au%hority is hereby granted to codi- fy and incorporate this ordinance in the existing co~e of the city. SECTIO~I 5. All ordinances or parts of ordinances in con- flict herewith be and t~e s~-----------------~me are hereby repealed. SECTIOi~1 6. This ordinance shall take effect immediately upon passage on second and final reading. SECTIOn? 7. That should any section or provision of this word be declared by a court of competent jurisdiction to be in- valid,, such decision shall not affect the validity of the rem&in- der hereof as a whole or part thereof o~her th~n the part to be declared lnval_~. PASSED AifD~ADOPTED _in regul, ar' session~n th~ second and '~C~z~,~ da of (,,~ ~;u_~, 1974 final reading on this the ~_~.;._.~.~ y . , . City Clerk First Reading_~///~,~.-L ,.~ ~. /~ ,~ ' Second Readzn ,~ ,' ~.¥-. . . / Cirfl. t~c~. 13-74. ~: OFd~I~NCE NO. 17-74. AN ORDINANCE OF T~E CITY COL/fCIL OF T%tE CITY OF DELRA¥ BEACT{, FLORIDA, REZONIlfG 'AL~D PLACING LAND PRESENTAY ZONED SC SPECIALIZED CCM~.~RCLAL DISTRICT IN "C-1 LIMITED CO2~NERCIAL DISTRICT", BEING LOTS 15, 16 A~>ID 17, BLOCK 113, AI~ LOTS 1 %~{ROUGH 10, BLOCK 114, A~X~D LOTS 1 THROUGH"10, BLOCK 115, DELRAY BEACH, FLORIDA; AArP D24ENDl~JG "ZONING NAP OF DELRAY BEACH, FLORIDA, 1972". BE IT OFdDAINED BY THE CITY COD~NCIL OF'THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rczoned and placed in the "C-I Limited Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 15, 16 and 17, Block 113, Highland Park Sub- division, per Plat Book 2, page 79, Public Records of Palm Beach County, Florida; Lots 1 through 10~ Block 114, per Plat Book 1, page 3, Public Records of Palm Beach County, Florida; and Lots 1 through 10, Block 115, per Plat Book 1, page 3, Public Records of Palm Beac~ County, Florida. SECTION 2. That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section t hereof. PASSED A~\!D ADOPTED in regular session on the second and final reading on this the 22nd day of April , 1974. ATTEST: City Clerk First Reading. March 25, 1974. Second Reading. April 22, 1974. ORDINANCE NO. 18-74. AN OP~Di!..?~iNCE OF 75iE CITY COLLNCIL OF T}.!E CITY OF DELRAY BEACH, FLORIDA, REZOI~I.~'G ANqD PLACING IJA~ND PRESENTLY ZONED C-1 LIL~iITED CO[~D~RCIAL DISTRICT IN "SC SPECIALIZED CO~Z%~JERCIAL DISTRICT", BEING LOTS 1 THROUGH 11, LOTS 34 T~tROUGH 39, B/VD LOTS 62, 63 AND 64, AI~D t~LAT PART OF ABANDOt~ED N.E. 7TH COURT, LYING BE%~'YEEN N.B. 5TH AVENUE AND N.E. 6TH AVELKIE, MCGINLEY A!~qD GOS:&AN'S SUBDIVISION;' LOTS 8 THROUGH 31, HOF~tAN ADDITION; LOTS 4, 5 AND 6, HALLER A~ID G~OOTYJAN'S SUBDIVISION; AI~D LOTS 1 AND 2, BLOCK 105, HIGHLAi~qD PARK SUBDIVISION, DELRA¥ BEACH, FLORIDA; AI~rD A~.~'kZDING "ZONING OF DELRAY BEACH, FLORIDA, 1972". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City -of Delray Beach, ~lorida is hereby rezoned and placed in the "SC Specialized Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: LOts 1 through 11, Lots 34 through 39, Lots 62, 63 and 64, and that part of abandoned N.B. 7th Court, lying between N.E. 5th Avenue and N.E. o~ ~¥~u~, i~icGini~y ~nd Gosman~s Subdivision, Per Plat Book 2, Page 87, Public Records of Palm · Beach County, Florida; Lots 8 through 31, Hofman Addition, per Plat Book 5, page 3, Public Records of Palm Beach County, Florida; Lots 4, 5 and 6, Haller and Grootman's Subd~'vision, per Plat BoOk 5, page 4, Public Records of Palm Beach County, Florida; and Lots 1 and 2, Block 105, Highland Park Subdivision, per Plat Book 2, page 79, Public Records of Palm Beach County, Florida. SECTION 2. That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED Ai~)ADOPTED in regular session on second and final reading on this the 22nd day of April 1974. City Clerk ,'[ First I~.eadin? r.~nrch 25, 1. 74. Second Readinii ?:nril ;.!?, L974. i OPdDINANCE 170. 19-74. AN ORDINANCE OF ~IE CITY CObq~CIL OF TtIE CITY OF DELPJA¥ BEACH', FLORIDA, REZONING AMD PLACII'iG PRE- SENTLY ZOI?ED R-1A~A SINGLE FAMILY D~'~LLING DISTRICT LANDS IN "C-1 LIMITED CO!.~ERCIAL DISTRICT", BEING THE SOUTH 200 FEET OF T~ NOR?H 327 FEET OF LOT 38, SECTION 9, TO~.'~JSHIP 46 SOUTH, RANGE 43 EAST, LYII~G BE~.~VEEN THE ~'~,YSST RIGHT-OF-WAY LiR-E OF U.S. HIGP~AY NO. ! A_~D 15_~E EAST RIGHT-OF-WAY LINE OF OLD Di>[IE H±G.~z~.A~; A2~rD PdZZONING AL~D PIerCING PRE- SENTLY ZOI~TiD P2~i-15 MULTIPLE FAMILY D~ELLII~G DISTRICT · q " BE ING LA~S IN "C-]_ LIMITED COM~RCIALDi~TRICT , BLOCK 1, SOPHIA FREY SUBDiVISIOnS, Ah~D THAT PORTION OF LOT ~.,. ~'~'~T~.-.~.~_, ~. 9, TO?~SHIP 46 SOUTH, RANGE 43 EAST, LyTNG BET~,~-EEN 55tE W~EST.RIGHT-OF-WAY LI~-E OF U.S. HIG~H'YAY NO. 1 AL~ 57qE EAST RiGHT-OF-~'YAY LILrE OF OID DIXIE HIGP.~;IAY, DELP~AY BEACH, FLORIDA; AL~ AMEI~OI~iG THE "ZONING ~'LAP OF THE CI%~f OF DELRAY BEACH, FLORIDA, 1972". BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF DELRAY BEACH, · FLORIDA, AS FOLLOWS: SECTION 1. That the fDllowing desc'ribed property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "C-1 Limited Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: PRESENT ZOiq iNG DESCRIPTION OF PROPERTY CLASSIFICATIO~ South 200 feet of the North 327 feet of Lot 38, Section 9, Township 46 South., Range 43 East, lying between the west right-of-way R-1AA line of U.S. Highway No. 1 and the East right- of-way line of Old Dixie Highway; Block 1, Sophia Frey Subdivision, per Plat Book 4, page 37, Public Records of Palm Beach RM-15 .. County, Florida; and That portion of Lot 4, Section 9, Township 46 South, Range 43 East, lying between the West right-of-way line of U.S. Highway No. 1 and RM-15 the East right-of-way line of Old Dixie Highway. SECTION 2. That the Planning Director of said City shall ~pon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions Of Sectmon i hereof. PASSED AND ADOPTED in regular session on the ~econd and fin~.l re~ding on this the 22nd day of April . ,1974. ATTEST: //'- ~4 A Y ~ R / Il.r/~LLQ(~' /i...~:'..~/~ ,.~,~ City Clerk ~9 First Readinq March 25, 74. Second Reading. April 22, 1974.