Ord 30-02ORDINANCE NO. 30-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DE1.RAY BEACH,
FLORIDA, BY AMENDING SECTION 35.097(J),
"MAXIMUM PENSION", REVISING THE LIMITATIONS
ON MAXIMUM PENSION BENEFITS TO CONFORM TO
SECTION 415 OF THE INTERNAL REVENUE CODE;
AMENDING SECTION 35.097(L)(2)(B), "RI.IGIBILE
RETIREMENT PLAN," PROVIDING ADDITIONAL
RI,IGIBLE PLANS FOR ROIJ.OVER; PROVIDING A
GENERAL REPEAI1~.R CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dekay Beach desires to amend the General
Employees' Retirement Plan to comply with certain changes in the U.S. Internal Revenue Code and
Florida Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DR!,RAY BEACH AS FO! J.OWS:
Section 1. That Chapter 35, "Employee Polities and Benefits", subheading,
"Retiement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.097{J), "Maximum Pension", to read as follows:
(D Maximum Pension.
(1) Basic l_/mitation. Subject to the adjustments hereinafter set forth, the
maximum amount of annual retirement income payable with respect to a member
under this plan shall not exceed~.e°n..,..v...vvaru~ an the maximum limitation amount
provided by Section 415(b) of the U.S. Internal Revenue Code. as that section may
be amendeql ii1 the future, adjusted for increases in the cost-of-living pursuant to
Section 415(d) of the Internal Revenue Code.
For purposes of applying the above limitation, benefits payable in any form other
than a straight life annuity with no ancillary benefits shall be adjusted, as provided by
Treasury Regulations, so that such benefits are the actuarial equivalent of a straight
life annuity. For purposes of this section, the following shall not be taken into
account:
(a) any ancillary benefit which is not directly related to retirement income
benefits;
(b) any other benefit not required under section 415(b)(2) of the Internal
Revenue code and regulations thereunder to be taken into account for purposes of
the limitation of section 415(b)(1) of the Internal Revenue Code.
(2) Participation in Other Defined Benefit Plan. The limitation of this
section with respect to any member who at any time has been a member in any other
defined benefit plan (as defined in section 4140) of the Internal Revenue Code)
maintained by the City shall apply as ff the total benefits payable under all defined
benefit plans in which the member has been a member were payable from one plan.
(3) Adjustments in l.imitations.
(a) In the event the member's retirement benefits become payable
before age sixty-two (62), the.e~n...,...-.rum limitation prescribed by subsection (D.. of this
section shall be reduced in accordance with regulations issued by the Secretary of the
Treasury pursuant to the provisions of section 415(b) of the Internal Revenue Code,
such limitation (as so reduced) equals an annual benefit (begisming when such
retirement income benefit begins) that is equivalent to the maximum annual benefit
beeinnin~ at aee 62.
{e)l~ The reductions provided in the preceding t-cc. subparagraphs
shall not be applicable to disability benefits paid pursuant to Section 35.097 (C) or
pre-retirement death benefits paid pursuant to Section 35.097 02)).
(-d)(c) If the member's retirement benefit becomes payable after age
sixty-five (65), for purposes of determining (1) herein, such benefit shall be adjusted
so that it is actuarially made using an assumed interest rate of five percent (5%) and
shall be made in accordance with the regulations promulgated by the Secretary of the
Treasury or his delegate so that such limitation (as so incr~scd) equals an annual
2 ORD. NO. 30-02
benefit .(be~tfirm~og when such retirement income benefit begins) which is ~lUiv~lent
to the maximum annual benefit b%dnning at age 65.
(4) Less than Ten Years of Service. The maximum retirement benefits
payable under this section to any member who has completed less than ten (10) years
of credited service with the City shall be the amount determined under paragraph (A)
of this section multiplied by a fraction, the numerator of which is the number of the
member's years of credited service and the denominator of which is ten (10). This
reduction shall not be applicable to disability benefits paid pursuant to Section
35.097 (C) or pre-retirement death benefits paid pursuant to Section 35.097(1)).
(5) $10,000 Limit Notwithstanding the foregoing, the retirement benefit
payable with respect to a member shall be deemed not to exceed the limitations set
forth in this section of the benefits payable with respect to such member under this
plan and under all other qualified defined benefit pension plans to which the City
contributes do not exceed $10,000 for the applicable plan year and for any prior plan
year and the City has not at any time maintained a qualified defined contribution
plan in which the member participated.
6t)(.(/) Reduction of Benefits. Reduction of benefits and/or contributions to
all plans, where required, shall be accomplished by first reducing the member's
benefit under any defined benefit phns in which he partidpated, such reduction to
be made first with respect to the plan in which he most recently accrued benefits and
thereafter in such priority as shall be determined by the Trustee of such other plans,
and next, by reducing or allocating excess forfeitures for defined contribution plans
in which the member participated, such reduction to be made first with respect to
the plan in which he most recently accrued benefits and thereafter in such priority as
shall be established by the Trustee for such other plans, provided, however, that
necessary reductions may be made in a different manner and priority pursuant to the
agreement of the Trustee of all other plans coveting such member.
(8)CZ) Cost-of-Living Adjustments. The limitations as stated in subsections
(1), (2), (3) and (6) herein shall be adjusted to the time payment of a benefit begins in
ORD. NO. 2t0-02
accordance with any cost-of-living adiustments prescribed by the Secretary of the
Treasury pursuant to section 415(d) of the Internal Revenue Code.
(¢)(_~) Additional l.imitafion on Pension Benefits. Notwithstanding anything
herein to the contntry:
(a) The normal retirement benefit or pension payable to a retiree
who becomes a member of the plan and who has not previously participated in such
plan, on or after January 1, 1980, shall not exceed 100 percent of his average final
compensation. However, nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-living
increases or adjustments.
(b) No member of the plan who is not now a member of such plan
shall be allowed to receive a retirement benefit or pension which is in part or in
whole based upon any service with respect to which the member is already receiving,
or will receive in the future, a retirement benefit or pension from a different
employer's anc,'Acr retirement plan or system. This restriction does not apply to
social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code.
Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
Section 35.097(L)(2)(b), "Eligible retirement plan", to read as follows:
(b) Eligible retirement plan. An eligible retirement plan is an
individual retirement account described in section 408(a) of the Internal Revenue
Code, an individual retirement annuity described in section 408(b) of the Internal
Revenue Code (.other than an endowment conl:ract), and annuity plan described in
section 403(a) of the Internal Revenue Code, ot, a qualified trust described in section
401(a) of the Internal Revenue Code, an eligi~'ble deferred compensation plain
described in section 457(b) of the Internal Revenue Code which is main~ed by an
eligi~'ble employer described in section 457(e)(1)(A) of the Internal Revenue Code, or
an annuity, contract described in section 403.(b) of the Internal Revenue Code, that
accepts the distributee's eligible rollover distribution, ta ........ ;_ a. ...... c __
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. 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
4 ORD. NO. 30-02
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon its passage
on second and final reading, except as to general employee plan participants who are covered under
an expired collective bargaining agreement; or belong to a bargaining unit that has not executed a
collective bargaining agreement~ This ordinance shall become effective as to the excluded
employees mediately upon the date of ratification and execution of a collective bargaining
agreement applicable to such employees.
PASSED A~ND ADOPTED in regu!~r session on second and final reading on this
the ] (~ l'hday of ~ ,2002.
MAYOR
ATTEST:
First Reading
Second Reading
5 ORD. NO. 30-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~/~
AGENDA ITEM #\~)-~- REGULAR MEETING OF JULY 16. 2002
ORDINANCE NO. $0-02 (AMENDING CHAPTER 35; "EMPLOYEE
POLI(~IE$ AND BENEFITS")
DATE: JULY 12, 2002
This ordinance is before Commission for second reading and public hearing amending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances
by amending Sections 35.0970) and 35.097(L)(2)(B) to bring the plan into conformity with recent
Internal Revenue Code requirements and Florida Statutes.
At the first reading on July 2, 2002, The City Commission unanimously approved this ordinance.
Recommend approval of Ordinance No. 30-02 on second and final reading.
S:\City Cierk\chevelle folder\agenda memo. Ord 30.02.07.16.02 doc
[lTV DF DELRrlV BE;I[H
CITY ATTORNEY'S OFFICE
I~E'CEIVED
JUN 2 8 2002
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: June 27, 2002
MEMORANDUM
SUBJECT:
If it is accep
ordinance on
s^,..~,<~
Wnter's Direct Line: 561/243-7091
Jim Linn which modifies the
'npliance with the recent IRS
ce number and place the
Cc: Barbara Garito, City Clerk
CiTY ATTORNEY'S OFFICE
I~E*CEIVED
JUN 2 8 2002
CITy MANAGER
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-?090 · FACSIMILE 561/278-4755
~99~ DATE: June 27, 2002
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
David Harden, City Manager
Joe Safford, Finance Director
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Pension Plan Changes
Please review the attached ordinance prepared by Jim Linn which modifies the
General Employee Retirement Plan to bring it into compliance with the recent IRS
Code requirements.
If it is acceptable to you, I will obtain an ordinance number and place the
ordinance on the upcoming City Commission agenda.
Cc: Barbara Garito, City Clerk
6/21/02
SUMMARY OF ORDINANCE
AMENDING THE
GENERAL EMPLOYEES' RETIREMENT PLAN
This ordinance amends several sections of the General Employees' Retirement Plan
to bring the Plan into compliance with recent changes in the U.S. Internal Revenue
Code affecting governmental pension plans. The ordinance contains the following
changes:
Maximum Pension - eliminates the current maximum pension amount in
section 35.0970) of the plan ($90,000) and replaces it with language
adopting the maximum limitation amount provided by section 415 of the
Internal Revenue Code. The current maximum limitation amount under
section 415 is $160,000, and this amount is periodically adjusted by U.S.
Treasury Department regulations to reflect changes in the cost of living. By
adopting the Internal Revenue Code limitation instead of a fixed dollar
amount, the City pension plan will remain in compliance with the Code
without the need to amend the plan each time the Code is amended. The
adjustments in limitations for members who begin receiving retirement
benefits before age 62 and after 65 are also amended to conform to changes
in the Internal Revenue Code.
The additional limitations on pension benefits in section
also amended to conform to recent changes in section
Statutes.
35.097(J)(9) are
112.65, Florida
e
Eligible Retirement Plan - revises the definition of "eligible re tirement plan"
for purposes of rollover distributions to conform to recent changes in the
Internal Revenue Code. Also eliminates the more restrictive definition
applicable to the surviving spouse, which will permit the surviving spouse of
a member to direct a rollover distribution to any eligible retirement plan.
6/21/02
ORDINANCE NO..30 - 02,,
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 35.097(J),
"MAXIMUM PENSION", REVISING THE LIMITATIONS
ON MAXIMUM PENSION BENEFITS TO CONFORM TO
SECTION 415 OF THE INTERNAL REVENUE CODE;
AMENDING SECTION 35.097(L)(2)(B), "ELIGIBILE
RETIREMENT PLAN," PROVIDING ADDITIONAL
ELIGIBLE PLANS FOR ROLLOVER; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the
General Employees' Retirement Plan to comply with certain changes in the U.S. Internal
Revenue Code and Florida Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.097(J), "Maximum Pension", to read as follows:
(J) Maximum Pension.
(1) Basic Limitation. Subject to the adjustments hereinafter set forth, the
maximum amount of annual retirement income payable with respect to a member
under this plan shall not exceed,...,...........¢at~ ann tm the maximum limitation amount
provided by Section 415(b) of the U.S. Internal Revenue Code, as that section
may be amended in the future, adjusted for increases in the cost-of-living pursuant
to Section 415(d) of the Intemal Revenue Code.
For purposes of applying the above limitation, benefits payable in any form other
than a straight life annuity with no ancillary benefits shall be adjusted, as provided
by Treasury Regulations, so that such benefits are the actuarial equivalent of a
straight life annuity. For purposes of this section, the following shall not be taken
into account:
(a) any ancillary benefit which is not directly related to retirement income
benefits;
(b) any other benefit not required under section 415(b)(2) of the Internal
Revenue code and regulations thereunder to be taken into account for purposes of
the limitation of section 415(b)(1) of the Internal Revenue Code.
(2) Participation in Other Defined Benefit Plan. The limitation of this
section with respect to any member who at any time has been a member in any
other defined benefit plan (as defined in section 4140) of the Internal Revenue
Code) maintained by the City shall apply as if the total benefits payable under all
defined benefit plans in which the member has been a member were payable fi.om
one plan.
(3) Adjustments in Limitations.
(a) In the event the member's retirement benefits become payable
before age sixty-two (62), the~,/e'~r~,,,,,.,,.tm^ limitation prescribed by subsection (1) of
this section shall be reduced in accordance with regulations issued by the
Secretary of the Treasury pursuant to the provisions of section 415(b) of the
· ~, ~ e',~ rmr~ if t~e 1.~. beg'2ns at er a~er
Internal Revenue Code, but net !ess ~.a: .... , ...........
,~.~ .c~., ...~/~qx so that such limitation (as so reduced) equals an annual benefit
(beginning when such retirement income benefit begins) that is equivalent to the
maximum annual benefit beginning at age 62.
{e)(b) The reductions provided in the preceding e:.'e subparagraphs
shall not be applicable to disability benefits paid pursuant to Section 35.097 (C) or
pre-retirement death benefits paid pursuant to Section 35.097 (D).
(-d)(c) If the member's retirement benefit becomes payable after
age sixty-five (65), for purposes of determining (1) herein, such benefit shall be
adjusted so that it is actuarially made using an assumed interest rate of five
percent (5%) and shall be made in accordance with the regulations promulgated
by the Secretary of the Treasury or his delegate so that such limitation (as so
2
increased) equals an annual benefit (beginning when such retirement income
benefit begins) which is equivalent to the maximum annual benefit beginning at
age 65.
(4) Less than Ten Years of Service. The maximum retirement benefits
payable under this section to any member who has completed less than ten (10)
years of credited service with the City shall be the amount determined under
paragraph (A) of this section multiplied by a fraction, the numerator of which is
the number of the member's years of credited service and the denominator of
which is ten (10). This reduction shall not be applicable to disability benefits paid
pursuant to Section 35.097 (C) or pre-retirement death benefits paid pursuant to
Section 35.097(D).
(5) $10,000 Limit. Notwithstanding the foregoing, the retirement benefit
payable with respect to a member shall be deemed not to exceed the limitations
set forth in this section of the benefits payable with respect to such member under
this plan and under all other qualified defined benefit pension plans to which the
City contributes do not exceed $10,000 for the applicable plan year and for any
prior plan year and the City has not at any time maintained a qualified defined
contribution plan in which the member participated.
(-7)~) Reduction of Benefits. Reduction of benefits and/or contributions
to all plans, where required, shall be accomplished by first reducing the member's
benefit under any defined benefit plans in which he participated, such reduction to
be made first with respect to the plan in which he most recently accrued benefits
and thereafter in such priority as shall be determined by the Trustee of such other
plans, and next, by reducing or allocating excess forfeitures for defined
contribution plans in which the member participated, such reduction to be made
first with respect to the plan in which he most recently accrued benefits and
thereafter in such priority as shall be established by the Trustee for such other
plans, provided, however, that necessary reductions may be made in a different
manner and priority pursuant to the agreement of the Trustee of all other plans
covering such member.
3
($)(~) Cost-of-Living Adjustments. The limitations as stated in
subsections (1), (2), (3) and (6) herein shall be adjusted to the time payment of a
benefit begins in accordance with any cost-of-living adjustments prescribed by the
Secretary of the Treasury pursuant to section 415(d) of the Internal Revenue Code.
(9)(8) Additional Limitation on Pension Benefits. Notwithstanding
anything herein to the contrary:
(a) The normal retirement benefit or pension payable to a retiree
who becomes a member of the plan and who has not previously participated in
such plan, on or after January 1, 1980, shall not exceed 100 percent of his average
final compensation. However, nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-
living increases or adjustments.
(b) No member of the plan who is not now a member of such plan
shall be allowed to receive a retirement benefit or pension which is in part or in
whole based upon any service with respect to which the member is already
receiving, or will receive in the future, a retirement benefit or pension fi.om _a
different employer's {moth~ retirement plan or system. This restriction does not
apply to social security benefits or federal benefits under Chapter 67, Title 10,
U.S. Code.
Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
Section 35.097(L)(2)(b), "Eligible retirement plan", to read as follows:
(b) Eligible retirement plan. An eligible retirement plan is an
individual retirement account described in section 408(a) of the Internal Revenue
Code, an individual retirement annuity described in section 408(b) of the Internal
Revenue Code {other than an endowment contract), and annuity plan described in
section 403(a) of the Internal Revenue Code, o~a qualified trust described in
section 401(a) of the Internal Revenue Code, an eligible deferred compensation
plan described in section 457(b) of the Internal Revenue Code which is
maintained by an eligible employer described in section 457(e)(1)(A) of the
Internal Revenue Code, or an annuity contract described in section 403(b) of the
Internal Revenue Code, that accepts the distributee's eligible rollover distribution.
eligible, ~+: .....+ plan
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
4
Section 4. 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 declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading, except as to general employee plan participants who are
covered under an expired collective bargaining agreement; or belong to a bargaining unit that has
not executed a collective bargaining agreement. This ordinance shall become effective as to the
excluded employees immediately upon the date of ratification and execution of a collective
bargaining agreement applicable to such employees.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ., 2002.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
100
ANNOUNCEMENTS
LEGAL No~r~$
LEGAL NO~,U
VIDING A GENERAL REPEALER
CLAU~E, A SAVING CLAUSE, ,M~D AN
B:~-CTP~ DATE
Ml~.glO~ OF THE CITY OF DEI. RAY
8fJ~CH, R.C~III:~, Nd~NDIIdG CK~P-
m:NEFITS', ~U~IEADING .RETIRE-
MANCE$ OF THE CITY 0F DELRAY
BEACH, FLOR/DA. BY AMENDING
~Ec'rloN 3~ 097(J), "MAXIMUM
TIOI~ ON MAXIMLIM PENSION BEN-
EFr~ TO coNr-ORM TO SECTION 415
AMENDING SECTION 35 097
(L)<2XBI, '"ELIGIBLE-RETIREMENT
I~,:AN,' I~ROVIDING ~.DDITIONAL ELI-
6m4.E I=~V4S FO~ ROU. OVER, Imo-
VIDING A GENERAL REPEALER
CLAL~E, PROVIDING A ~AVING
TIVIE I~KTE
100
ANNOUNCEMENTS
LEa, AL NOTI4~U
AMENDMENT Of 'TIE "ZONING MAP
(~c DEI,.P. Ay 8F. ACH, FLORIDA. 2002"
1'0 ~ ~ HISIOR~ DE$1GIU,-
~ IN ~ OVERLAY MANNER, PRO-
VIDING A GENERAL REPEAJ. ER
C/..AUSE, A SAV1NG CLAUSE, MID AN
ER:~CTIVE DATE
MISSION OF THE CiTY OF DELP, AY
'~R 35, '[Mlfl. OYEE$ IqTcICES AND
llANC~$ O~ THE CITY OF DELFLkY
8E. ACH, FLORID& 8Y AMENDING
SECTION 3~0971J), "MAXIMUM
EF1TS TO CONFORM TO SECTION 415
MIENDfl~6 SECTION 38.097
FROVIDING ADOITION~ EU-
6~I.E PLANS IK~ ROLLOVER; PRO-
VtDING & GENERAL REPEN.,ER
CLAUSE. PROVIDING A SAVING
TNE DATE
ak~ony ind e~ldlnc(, up, x1_ which the
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