78-93 ORDINANCES
~'IRST READING:
COMMISSION ACTION: ~~~_~ ~5'--O
SECOND READING: /~--/%/~ 3,
COMMISSION ACTION: ~~ ~'--O
NOTES:
bg
ORDINANCE NO. 78-93
AN ORDINANCE OP' THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING AND RESTATING SECTIONS 35.085 THROUGH 35. 109
AS SPECIFICALLY SET FORTH IN THE "AMENDMENT TO CITY OF
DELRAY BEAC~ GENERAL EMPLOYEES ' RETIREMENT PLAN"
ATTACHED HERETO AND INCORPORATED HEREIN; AMENDING
SECTION 35.085 TO CHANGE THE TITLE OF THE PLAN TO:
"CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT
PLAN"; REPEALING SECTION 35. 086 "AUTHORIZATION";
AMENDING SECTION 35. 087 "PURPOSE"; AMENDING AND MERGING
SECTION 35. 088, "EFFECTIVE DATE; APPLICABILITY OF
FORMER PLAN", AND SECTION 35. 089, "INTRODUCTION";
CREATING A NEW SECTION 35. 089, "DEFINITIONS"; AMENDING
AND RETITLING SECTION 35. 090, "PARTICIPATION"; AMENDING
AND RETITLING SECTION 35. 091, "VESTING", AND REPEALING
FORMER SECTION 35. 091, "SERVICE"; REPEALING SECTION
35. 092, "LEAVE OF ABSENCE"; AMENDING SECTION 35. 093,
"CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN";
REPEALING SECTION 35. 094, "ACTUARIAL EQUIVALENCE";
AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT
AND CITY"; AMENDING SECTION 35.097, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT"; AMENDING SECTION 35. 098,
"SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS";
AMENDING SECTION 35. 099, "PARTICIPANT TO FURNISH
REQUIRED INFORMATION"; AMENDING SECTION 35.100,
"BENEFICIARIES; CONTINGENCIES"; AMENDING SECTION
35..101, "BENEFITS NONASSIGNABLE"; AMENDING SECTION
35. 102, "BENEFITS PAYABLE TO MINORS AND INCOMPETENTS";
AMENDING SECTION 35. 103; "ABANDONMENT OF BENEFITS";
AMENDING SECTION 35. 105; "ADMINISTRATION BY RETIREMENT
COMMITTEE"; CREATING A NEW SECTION 35.1051, "CLAIMS
PROCEDURE"; AMENDING SECTION 35.106, "TRUST FUND AND
TRUSTEE"; AMENDING SECTION 35. 108, "AMENDMENT OF PLAN";
AMENDING SECTION 35. 109, "TERMINATION OF PLAN";
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach created a Retirement Plan
for its general employees on January 1, 1965, and said Retirement
Plan has been subsequently amended and restated on numerous
occasions; and
WHEREAS, the General Employees Retirement Committee has
requested certain amendments to the Retirement Plan; and
WHEREAS, the City Commission deems it to be in the best
interests of the City and participants of the Retirement Plan to
generally revise, update and restate the provisions of the
Retirement Plan in a comprehensive manner;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 35.085, "Title", through
Section 35.109, "Termination of Plan", inclusive, of the Code of
Ordinances of the City of Delray Beach, Florida, are hereby
amended and restated as set forth in the attached "Amendment to
city of Delray Beach General Employees' Retirement Plan",
consisting of 54 pages, and that said "Amendment to City of
Delray Beach General Employees' Retirement Plan" is incorporated
in this ordinance as if fully set forth herein.
Section 2. 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 part thereof other than the part
declared to be invalid.
Section 3. That this ordinance shall take effect as
to all eligible employees who are not included in any certified
bargaining unit, and beneficiaries of such employees, upon
adoption. This ordinance shall take effect as to all eligible
2
employees who are included in any certified bargaining unit, and
beneficiaries of such employees, upon approval by the certified
bargaining agent for such employees.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of December , 1993.
Acting City Clerk
First Reading: November 23, 1993
Second Reading: December 7, 1993
2/271/hhp
AMENDMENT TO
CITY OF DEL~AY BEACH GENEBAL EMPLOYEES, RETIREMENT PLAN
8ection 35.085 TITLE.
The plan hereby created ~,,_~ +~_.._ ~{+,,__~ shall be known as the
"City of Delray Beach General Employees' Retirement Plan'l for
~-~ ....... * +~ ~{*~'" (hereinafter referred to as the "plan")
Ail the affairs and business of this plan shall be transacted in
that name.
('80 Code, Sec. 18-66) (Ord. No. 13-74, passed 4/22/74)
An a.-..unded and restated retirement plan ;~' authorized to bo
;~ authorizcd to bu admini~_tured + ...... ~ ~-~*{+~ {~ accordance
the city.
('80 Code, Sec. 18-64) (Ord. No. 13-74, passed 4/22/74)
Section 35.087 PURPOSE.
The purpose of the plan is to provide benefits to~-~--a~
~ city employees (as defined in Sec. 35..089(D)QgQq4%~ of
this subchapter) and their beneficiaries upon the cccurrencc of
retirement, death~ or disability ~ +~ .... ~ ..... or ..... ~{~
termination of employment of the employee, as provided herein.
('80 Code, Sec. 18-65) (Ord. No. 13-74, passed 4/22/74)
Section 35.088 EFFECTIVE DATE; APPLICABILITY OF FORMER pLAN.
/Ak The oriqinal plan cr~atcd ~a= cffectiv~ ms of took effect
on January 1, 1965, and has been subsequently amended and restated~
~x~cuticn cf +~- subchapter
('80 Code, Sec. 18-67) (Ord. No. 13-74, passed 4/22/74)
pi · g '
(~) The plan as set forth herein is an amendment,
restatement, and continuation of the superseded plan as in effect
on April 22, 1974 and it is intended that there be no lapse either
in time or effect between this plan and the superseded plan.
(C~) Under the superseded plan, all benefits provided
thereunder were funded 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 purpose
of the plan, for the exclusive benefit of the employees covered
under the plan, and their beneficiaries.
(~) All covered employees will be treated alike under the
plan; however, it is the desire and intention of the city to
prese~e for the benefit of the employees covered under the
superseded plan all benefits accrued to their credit thereunder as
of April 22, 1974. The benefits provided under the plan for those
employees, are at least e~al to the benefits being provided under
the superseded plan, as in effect on April 22, 1974. Furthe~ore,
no rights under the superseded plan as heretofore vested have been
diminished.
(E~) The plan is applicable to each employee of the city who
is eligible to participate thereunder upon meeting the applicable
eligibility retirements adopted by the city. Each employee who
retires from .... ~ .... Jith thc city on or after April 23, 1974, in
accordance with the te~s of the plan~ will be entitled to a
2
retirement benefit determined in accordance with the following
provisions. Each employee whose service is terminated on or after
April 23, 1974, but prior to ~ retirement hereunder will be
entitled to the benefits described in Sec. 35.097(_DE) of this
subchapter. Any employee of the city who was a participant in the
superseded plan and w~--~ retired under the plan prior to'April
22, 1974, and who was not employed by ne !on,er ~ tkc ~ctivc~fu!!-
timc .... ~-- cf the city 9n ~ that date shall continue to
receive the benefits to which he was entitled under the superseded
plan, and but shall not receive any additional benefits under this
~ plan, except supplemental retirement income and minimum
benefits pursuant to Sec. 35,098.
('80 Code, Sec. 18-68) (Ord. No. 13-74, passed 4/22/74; Am. Ord.
No. 107-82, passed 1/11/83)
Bection 35.089 DEFINITIONS.
(A) "Actuarial (actuarially) equivalence (equivalent)" means
equality in value of the a~reaate amounts expected to be received
under different forms of payment. Actuarial equivalent amounts
under the plan will be determined utilizing the 1983 Group Annuity
Mortality Table with interest at seven percent (7%), where the
participant's age shall be set back one year and the beneficiary's
age shall be set back four years regardless of gender. However,
in the event of plan termination, actuarial equivalence will be
based upon the interestand mortality assumptions prescribed by the
Pension Benefit Guaranty Corporation for plan terminations in
effect on the actual date of plan termination.
CB) "Basic compensation" means the compensation actually paid
to a participant by the city, including participant contributions
picked up by the city in accordance with Sec. 35.095(A) (1) of this
subchapter, and exclusive of overtime pay, commissions, bonuses,
expense allowances, and all other extraordinary compensation.
(C) "Credited service" means the period of continuous City
employment from the employee's most recent date of hire to the date
of termination of City employment up to a maximum of thirty (30)
years, except as otherwise provided in Sec. 35.093 of this
subchapter. Credited service shall include all periods of paid
leave, and unpaid leave up to and includinq thirty (30) days in any
calendar year. Unpaid leave in excess of thirty (30) days in any
calendar year shall be excluded from credited service.
(D) "Employee" means any regular full-time employee of the
city, except as otherwise provided herein. The term "employee"
shall not include: City Commissioners; the City Manager (and
assistants); the City Attorney (and assistants); department heads
upon their written election not to participate in the plan; former
department heads who have elected not to participate in the plan;
3
any person employed fora temporary period or for a temporary job,
or whose customary employment is for less than twenty (20) hours
in any one week or less than five (5) months in any one calendar
year; any participant who retires and receives early or normal
retirement benefits under the plan, is subsequently re-employed by
the City, and elects to continue receiving retirement income during
the period of employment pursuant to Sec. 35.090(E) of this
subchapter; and firefighters and police officers employed by the
city who participate in another retirement plan.
(E) "Employment" means regular, full-time employment as a
city employee, -
(F) "Final monthly compensation" means the total basic
compensation received by a participant during the highest paid
twenty-four (24) consecutive months of the one hundred twenty (120)
months immediately preceding the termination of employment, divided
by twenty-four (24). In computing final monthly compensation for
a participant who has returned to active city employment following
an approved leave of absence, disability retirement or termination
of employment with a vested benefit, the period of leave of
absence, disability retirement, or following termination of
employment shall be ignored in determining the highest paid 24
consecutive months of the 120 months immediately preceding the
subsequent termination of employment.
(G) "Normal retirement date" is the first day of the month
coincident with or next following the date a participant attains
the age of 60 and completes ten years of credited service. A
participant may continue in the employ of the city and continue to
participate in the plan beyond the normal retirement date.
(H) "Participant" means an employee who is eligible to
participate and who actually participates in the plan.
(I) "Retirement" means termination of city employment with
immediate entitlement to receive normal, early or disability
retirement income under the plan.
(J) "Spouse" means the lawful husband or wife of an employee
at the time of the employee's retirement or death, whichever is
applicable.
(K) "Terminated Participant" means a plan participant with
ten ¢10~ or more years of credited service whose city emDloymen~
is ~erminated for any reason other than death, early retirement or
disability retirement prior to the normal retirement date.
Section 35.090 ELI~I~_ILITY; PARTICIPATION.
.~..~_~_n
j
Director of Envircnmcntxl Sc~zicc:/Pub!ic TJti!iti~= :nd A:ci=txnt
(Ord. No. 51-90, passed 10/23/90)
(A~) The date on which an ~ employee will bocome a
participant in the plan shall be:
(1) April 23, 1974, for each employee who was a
participant in the superseded plan as of April 22, 1974;
(2) April 23, 1974, for any ~ employee who was
not a participant in the superseded plan but who had ~ completed
one year of credited se~ice as of such date;
(3) For employees hired ~ after April 22, 1974,
the date as of which each such ctkcr employee has completed one
year of credited se~ice. : ~ ......................
{~) Each ~uoh employee who participates in the plan
~;~;~;~___,______~ ...... __~____..._.__; ..... *- as set forth above shall, as a condition
of continued city emplo~ent, make contributions to the plan as
re~ired by Sec. 35.095(A), and shall b~com~ : p~*~;p~* in thc
~ be subject to all other provisions in the plan~
5
(CD) Any employee who is absent from the active service of
the city on the effective date of the plan by reason of a leave of
absence granted by the city, or by reason of compulsory military
service, will become a participant hereunder as of the date of ~
return to active city employment.
(_DE) Each employee who participates in the plan shall become
eligible for benefits as provided by this subchapter. -~+~4~.4-
~ ~- mubchz~ter
(E) An employee who retires and begins to receive early or
no~al retirement benefits under the plan, and who is subse~ently
re-employed by the city in a position eligible for participation
in the plan, shall elect one of the following options:
(1) The employee may elect to continue receiving
retirement income but not contribUte to or accrue additional
benefits under the plan during the period of re-emplo~ent; or
(2) The emplo~e may elect to have retirement income
pa~ents suspended during the period of re-emplo~ent, and rejoin
the plan as a contributing participant. If this option is elected,
the participant's prior credited se~ice will be added to the
credited se~ice earned during the period of re-emplo~ent, and
upon subse~ent retirement the participant's retirement income will
be adjusted based on total credited se~ice and final monthly
compensation as of the date of subse~ent retirement (ignoring the
prior period of retirement). In no event will the participant's
adjusted monthly retirement income be less than that received
during the prior period of retirement.
(F) Upon the written election of a department head not to
participate in the plan, the emplo~ent of the department head
shall be deemed te~inated for purposes of the plan. Any person
who te~inates participation in the plan under this division shall
not thereafter be eligible to receive plan benefits while actively
employed by the city.
('80 Code, Sec. 18-79) (Ord. No. 13-74, passed 4/22/74; ~. Ord.
No. 67-84, passed 9/25/84; ~. Ord. No. 105-84, passed 1/15/85;
Am. Ord. No. 45-87, passed 5/26/87; Am. Ord. No. 51-90, passed
10/23/90)
Section 35.091 VESTING.
Participants shall become entitled to normal retirement
benefits under the plan in accordance with the followinq vestinq
schedule:
Complete Years of Vested
Credited Service: Percentaqe:
~ 5O%
~ 60%
! .70%
~ 8O%
~ 90%
!0 100%
of t.~inatien of his
extendcd retirement
o~ ~= 092 of thi=
('80 Code, Sec. 18-79) (Ord. No. 13-74, passed 4/22/74; Am. Ord.
No. 67-84, passed 9/25/84; Am. Ord. No. 105-84, passed 1/15/85;
Am. Ord. No. 45-87, passed 5/26/87)
7
p! y '
('80 Code, Sec. 18-81) (Ord. No. 13-74, passed 4/22/74)
Section 35.093 CREDITED SERVICE FOR FORMER EMPLOYEES ANDEMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN.
,,-, p"rp"'"" of
=ez";ic~- c~-!c'_'!ation cxccod the total n,_'m_~er cf yexr= of permznont
emp!cs~cnt with tho city.
8
(AE) Former plan participants who have not bequn to receive
benefits under the plan and who are re-employed by the city as
eligible employees will be considered new employees with credited
service for all purposes calculated as such unless the former
participants elect to pay back to the plan the amount of any
previous distribution received from the plan plus interest.~ The
amount of interest required will be calculated based upon a seven
percent (7%) per annum rate for the period from date of original
distribution to the date of repayment. Former plan participants
who elect to repay .this amount will be granted the credited service
awarded prior to their previous termination of service.
(_BC) Current employees, or employees who left the employ of
the city on or after ~ January 1, 1984, who participated in the
plan and who were excluded from further participation in the plan
during employment due to being over the then-existing maximum age
provisions, but who never received_~ 6i-_tributicn ,_~'~-- retirement
~ income or withdrawal of participant emp~ contributions~
from the plan, shall have credited service for purposes of benefit
calculation equal to the period of participation before exclusion
plus one year, plus whatever time they elect to buy back under
divisions (C~) and (_DC) of this section, plus the time after
September 25, 1984, during which they contributed to, and
participated in the plan. If an employee who was excluded from
further participation in the plan received retirement income or a
withdrawal of participant contributions,
received ~-- +~ .... ~ ..... then credited service for purposes of
benefit calculation shall be equal to the number of years the
employee elects to buy back under divisions (C~) and (_D(;) of this
section, plus one year, plus the time after September 25, 1984,
during which the employee contributed to and participated in the
plan. Employees in this category may buy back both those years for
which they have received a withdrawal of participant contributions
a di~-tributicn and the years during which they were excluded from
the plan. In no event shall this credited service calculation
exceed the total number of years of full-time ~ employment
with the city.
ccr. pu!scry p p
9
· ' i
(~) (1) Eligible employees who had previously been excluded
from plan participation due to being over the then-existing maximum
allowable age for participation at hire, or were excluded from the
plan due to being over the then-existing maximum age at ann time
during their employment with the city, will have their credited
service calculated in accordance with division= '~ (B), '~ ~
,n, of this section. Eligible employees who wish to buy back any
time they were excluded from the plan shall be required to make
payment in accordance with----~----7~ ~-- division (_DG), which
payment shall be equal to an amount which represents the employee
contributions they would have made to the plan had they always
participated, b~cn c!igib!~, plus interest. The amount of interest
required will be calculated based upon a seven percent (7%) per
annum rate for the period from which the money would otherwise have
been paid into the plan to the date of repayment. Those employees
who elect to make this payment will be granted credited service for .
purposes of benefit calculation in accordance with division (B)~
~_~ '~,_, . Employees will be required to buy ~a~ back the most recent
years first. All ~ new participants will receive credited
service for the purpose of determining their normal retirement date
whether or not the optional payment is made.
(2) The repayment provisions of division (~)(1) shall
also be available to former employees who ~ retired from the
city on or after ~q~e January 1, 1984, and who were excluded from
the plan due to being over the then-existing maximum age~ thereby
being prevented from accruing ten years of credited service.
~rticip~ticn..
(_DG) The repayment of a previous distribution plus interest
under division (AE) of this section or the payment of employee
contributions plus interest under division (C_~) of this section
will be payable in a lump sum within ninety (90) days after
reemployment or on or before July 1, 1985, whichever is later.
However, persons who are employees of the city as of January 16,
1985, at 5:01 p.m. may elect to pay the amount required in
installments. If this option is used, $1,000 will be due on or
before April 15, 1985, ...............
~~ ~ ~ .... ~"~~ ~" ~ ~'- ~~ with subsequent
payments of the lesser of $1,000 or the balance due payable every
three months after the initial payment. If any type of benefit
payment under the plan begins prior to the full payment of employee
contributions or a previous distribution plus interest, the
outstanding balance will be deducted from the benefit payments as
they become due. The Retirement Committee shall have the authority
to waive the 94~ repayment deadline~ set forth herein, upon a
finding by the Retirement Committee of extenuating circumstances
upon individual request which shall be submitted not later than
10
nine (9) months following the expiration of the applicable ~
deadline.
('80 Code, Sec. 18-82) (Ord. No. 13-74, passed 4/22/74; Am. Ord.
No. 82-79, passed 12/10/79; Am. Ord. No. 67-84, passed 9/25/84;
Am. Ord. No. 105-84, passed 1/15/85; Am. Ord. No. 50-89, passed
8/22/89)
· '
dat. of plan termination.
('80 Code, Sec. 18-83) (Ord. No. 67'84, passed 9/25/84)
Section 35.095 CONTRIBUTION8 OF P~RTICIP~NT ~ND CITY.
(A) Participant's contribution account.
(1) For the purpose of this division "PARTICIPANT'S
CONTRIBUTION ACCOUNT" will consist of tax deferred participant
contributions. Effective the first pay period beginning on or
after October 1, 1989, employee contributions r~Taired cf ~m~lcyccs
will be picked up by the city and shall be treated as employer
contributions for tax purposes. However, for all purposes of
determining benefits under the plan, they will be considered
participant contributions.
(2) Each participant will contribute toward the cost of
the plan an amount equal to three percent (3%) of the first $4,800
of his basic annual compensation~ ~ defined in Scc. 35.097(A) and
six percent (6%) of ~ basic annual compensation in excess of
$4,800 until the beginning of the first pay period after September
Beginning with the first pay period after September 25, 1984, ~e
~;~*;~- ~; ~;~ =ubcha;tur, each participant will contribute
toward the cost of the plan an amount equal to six percent (6%) of
11
kis basic compensation. =~ ~,~ ~ e~ ~= n~,~ ~ ~
-,.~-~~ Effective as of the first pay period beginning on or
after October 1, 1989, participant contributions will be equal to
four and one-half percent (4.5%) of ki~ basic compensation a~
dcfina~ in ~^- ~ n~,~ 0 on a tax-deferred basis
(3) Each participant shall continue to contribute to
the plan until the earliest to occur of the following datesf
(a)o Date the participant retires under the plan.
(b) Date of death of the participant.
(c) Date of termination of the participant's
employment ~ with the city.
(~) Date the participant attains thirty (30) years
of credited service under the plan.
(4) 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 '~ ~-~ ~ e--
35.~'~_. ~_, ~ ......... ~ .... ~.._~___~~, elects to withdraw participant ~
contributions prior to the ~ normal retirement date, the
participant ~ will be entitled only to the return of participant
~ contributions without interest, in lieu of all other benefits
payable under the plan. Participant ~ontributions cannot be
withdrawn while a participant remains in the employ eea=~i~e of the
city or after the payment ~f benefits under the plan has commenced.
('80 Code, Sec. 18-93) (Am. Ord. No. 67-84, passed 9/25/84; Am.
Ord. No. 48-89, passed 8/8/89)
(B) City's contributions.
(1) The city intends to make contributions as are
required, together with contributions of participants and earninqs
on investment of fund assets, 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
Ccm~.i~icn in accordance with Sec. 35.105(E) of this subchapter.
('80 Code, Sec. 18-94)
(2) 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 that part of the trust
fund, if any, which remains therein after the satisfaction of all
liabilities to persons entitled to benefits under the plan, as
12
described in Sec. 35.106(E) of this subchapter with respect to
termination of the plan.
('80 Code, Sec. 18-96)
Section 35.096 EXPENSES OF ~DMINISTI~%TION.
The city may pay all expenses incurred in the administration
of the plan, including expenses and fees of the trustee, but it
shall not be obligated to do so, and any expenses and fees not so
paid by the city shall be paid from the trust fund.
('80 Code, Sec. 18-95)
Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
13
O~
of ta~inxticn ~ '
(A~) No~al retirement znd r~tir~m~nt income.
(1) ~c~x! r~t!r:m=nt ~t~. Thc
cf c~ck participant will bc th~ fir:t dzy cf tkc mcntk ccinci~cnt
with, cr n~xt fo!!c~'ing, tk~ ~t~ k~ bctk =ttain: tk~ ag~ cf 59
tici~ ' '
ar
ncaa! rctircmcnt date and rat.irc on ~n cztcn~c~ ~ ..... ~ ~atc
(~) ~ount of no~al retirement income. The monthly
~ retirement income payable to a participant who rotires
on or after his nomal rotiro~nt dato shall
two and one-half percent (2 5%) ~ .... ~,,.+
'~a" ~ 2-1/2% of final monthly compensation: anti "b" ig y~rg ~n~
.... a~ ~+~ ~ mu led credited so.ice,
~ expressed in years and tenths of a year, up to a maximum of
thirty (30) years. A participant who has attained the aqe of sixty
and retires with five (5) or more years of credited se~ice, but
less than ten (10) years of credited se~ice, shall ,be entitled to
monthly retirement income in an amount e~al to two and one-half
percent (2.5%) of final monthly compensation multiplied by credited
se~ice expressed in years and tenths of. a year, multiplied by the
participant's vested percentage as set forth in Sec. 35-091.
,~ ~~A ~ ..... ~ ~ ~ a~t~nd~d retirement
14
~"~* ~ "~" ~ "~" '"~ "~" ~ 2-1/2% ~ ~ ~ ~ monthly
(~) Payment of normal retirement income. The monthly
retirement income payable in the event of normal or oztcndod
retirement will be payable on the first day of each month. The
first payment will be made effective on the participant's normal
or aztandcd retirement date., (or on the first day of the month
~~* .-.~ ..... * following, ~- actual retirement, if
later)~ and shall be continued thereafter during the participant's
hi~ lifetime._+ ~ U_pon the participant's ~ death the full
~ same monthly benefit shall be continued to his or her
spouse for one year~ and sixty percent (60%) of ~e that amount
shall be continued to the spouse thereafter until the earlier of
the spouse's death or remarriage.
('80 Code, Sec. 18-110) (Am. Ord. No. 82-79, passed 12/10/79; Am.
Ord. No. 67-84, passed 9/25/84)
(_B~) Early retirement and retirement income. Early retirement
under the plan is retirement from the service of the city, with
thc consent cf thc city, ~s of th~ fir=t d~y cf ~ny month prior to
the participant's normal retirement date but subsequent tol the
d~to ~ of ,:~hich he hoc both zttainod th~ age of attainment of a~e
55 y____ and .... ~.,,~_____~ __~ _____~-~ the completion of 15 years of
credited service£ or the completion of 20 years of credited
service, reqardless of aqe. --'~ ~ ..... ~ .... ~ ~ ~ ~ ~
...... ~ ............. , p Rayment of early retirement income will be
governed by the following provisions of this section:
(1) Early retirement date. The early retirement date
will be the first day of the month coincidcnt witk or ncxt
following the date a participant retires from the service of the
city under the provisions of this section prior to his normal
retirement date.
(2) Amount of early retirement income. The monthly
amount of sarly retirement income payable to a participant
of thic divicion shall b~ mn zmount equal ~ the product of "a" and
"b" where "a" is the_.. ........ _...__.._* .... _=___" *~__ ..__h~ number of years and
tenths of a year of credited service, mzxim;am cf ~9 ya~rc, at the
his early retirement date multiplied by two and one-half percent
(2.5%) ~-~ of his final monthly compensationl r and "b" is the
applicable actuarial reduction factor to take into account the
participant's younger age and the earlier commencement of
retirement income payments. The factor to be used in "b" above
· -'~..___ __~ is equal to one minus five-twelfths of one percent '"~,_., for
15
each month that the early retirement date precedes the normal
retirement date.
(3) Payment of early retirement income. The retirement
income payable in the event of early retirement will be payable on
the first day of each month. The first payment will be' made
effective on the participant's early retirement date and shall be
continued thereafter during the participant's
U_pon the participant's ~i~ death the full rctircment same monthly
benefit shall be continued to his or her spouse for one year~ and
sixty percent (60%) of that ~ amount shall be continued to the
spouse thereafter until the earlier of the spouse's death or
remarriage.
('80 Code, Sec. 18-111) (Am. Ord. No. 67-84, passed 9/25/84)
(~) Disability retirement and retirement income.
(1) A participant may retire from the service of the
city under the plan if he or she becomes totally and permanently
disabled, as defined in division (~)(2) of this section, on or
after the effective date of this section but prior to the kis
normal retirement date. This type of retirement from thc uc_~-icc
cf the city shall hercin be referred to as disability retirement.
(2) Total and permanent disability. A participant will
be considered totally disabled if, in the opinion of the Retirement
Committee, the participant ~e is wholly prevented from engaging in
any occupation for wage or profit; and a participant will be
considered permanently disabled if, in the opinion of the
Committee, the participant is likely to remain so disabled
continuously and permanently from a cause other than those
specified in division (~)(3) of this section.
(3) Disqualifyinq Ncn~dmi=sib!c 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:
(a) The participant's E 9xcessive o__ra4%4habitual
use by ~_.._ .... ~_~~~_~_=_.._ of drugs, intoxicants, or narcotics;
(b) Injury or disease sustained by the participant
while willfully and illegally participating in fights, riots, civil
insurrections, or while committing a felony;
(c) Injury or disease sustained by the participant
while serving in any armed forces;
(d) Injury or disease sustained by the participant
diagnosed or discovered ~,-~ ...... ~ ~ ~ ~ ~ after the
termination of city employmentl has
16
(e) Injury or disease sustained by the participant
while working for anyone other than the city, and arising out of
such employment; or
(f) Injury or disease sustained by the participant
as a result of an act of war, whether or not the act arises from
a formally declared state of war.
(4) Proof of disability. The Committee, before
approving the pay~.ent of any disability retirement income, shall
require satisfactory proof, in the form of a certificate from a
duly licensed physician selected or approved by the Committee, that
the participant has become disabled as provided herein. ~
~ ...... ~" ~ The Committee may ~ require similar proof of
the continued disability of ~ ~h~ participant after the
commencement of disability retirement income.
(5) Disability retirement income.
(a) Monthly income payable prior to normal
retirement date.
1. Service-connected disability. The benefit
payable to a participant who retires from the service of the city
due to total and permanent disability arising out of and in the
course of city employment shall be a monthly retirement income
equal to seventy-five percent (75%) of the participant's final
monthly compensation at the date of disability, subject to offsets
for social security and workers' compensation benefits in
accordance with division (C_~)(5)(a)4. of this section. ~
' ti
2. Nonservice-connected disability. The
benefit payable to a participant who retires from the service of
the city due to total and permanent disability not arising out of
and in the course of city employment, after the completion of ten
(10) years of credited service, shall be an amount equal to two
percent (2%) of final monthly compensation at the date of
disability, multiplied by the years and tenths of years ~
cz!~ndar mcntks of credited service, subject to a maximum monthly
retirement income of fifty percent (50%) of final monthly
compensation, and subject to offsets for social security and
workers' compensation benefits in accordance with division
lC~) (5) (a)4. of this section. .---~ ......... -..~ ~__..-_~ ........ ~ ______~ ~ ~zcurity ~__
............ ~ ............................... ~ ...... ~ .... mzy receive.
3. If a participant with greater than ten
(10) years of credited service is eligible to receive a nonservice
disability benefit of less than $50 per month under division
(C_~)(5) (a)2. of this section, the participant may elect to receive
17
an optional benefit payable commencing according to the provisions
of division (~) (6) of this section and subject to division (~)
of this section. This optional benefit will be equal to the
product of "a" and "b", where "a" is _.~ ........ _...v_~._~ .... ~=___~ ~_~ ~..__ the
number of years~ and tenths of years of credited service~--~K-i~AAm
~ ~n ...... at the ~- date of disability~ multiplied by two and
one-half percent (2.5%) ~-~ of ~i~ final monthly compensation,
and "b" is the applicable actuarial reduction factor to tak~ into
account the participant's younger age and the earlier commencement
of retirement income payments. If this option is elected, the
benefit payable will not be subject to the provisions of division
(~)(5)(b) of this section,~ but will be payable as a normal
retirement benefit would be paid ~pursuant to division
'~'=~ of this section), unless an optional form of payment is
elected under division (~) of this section, in which case such
election will define the period of payment.
~ 4. The disability retirement income described
above shall be reduced by social security and workers' compensation
wa~e-loss benefits received by the participant, as follows. The
reduction for social security benefits shall, be in the amount of
the primary insurance amount only, not including any family
benefit. Any cost of living adjustments in the participant's
social security benefits shall not serve to reduce further the
disability retirement income payable from the plan. The reduction
for social security disability benefits shall terminate upon the
retiree's~ attainment of age 65. Disability retirement income
payable from the plan shall be reduced by workers' compensation
wage-loss benefits received by the participant to the extent that
such benefits, when added to the participant's disability
retirement income from the plan (adjusted for social security
benefits received, if applicable), exceed the participant's final
monthly compensation at the date of disability. Any cost of living
adjustments in the participant's workers' compensation benefits
shall not serve to reduce further the disability retirement income
payable from the plan ..... In the case of a lump sum workers'
compensation settlement, the disability retirement income payable
from the plan shall be adjusted as follows:
a., The amount of the lump sum settlement
shall be divided by the participant's remaining life expectancy (in
months), as determined usinq standard.actuarial tables approved by
the plan actuary;
b~ If the number obtained in
subparagraph a., above, when added to the participant's monthly
disability retirement income from the plan, exceeds the
participant's final monthly compensation on the date of disability,
the amount of the excess shall be deducted from the participant's
monthly disability retirement income from .the plan, for the
duration of the participant's remaining life expectancy as
determined in subparagraph a., above.
18
C, If the number obtained in
subparagraph a., above, when added to the participant's monthly
disability retirement income from the plan does not exceed the
participant's final monthly compensation on the date of disability,
there shall be no reduction of the participant's disability
retirement income from the plan.
(b) Monthly income commencing on normal retirement
date. If a participant is receiving monthly disability retirement
income from the plan upon attaining the normal retirement date as
defined in this paragraph, disability retirement income shall be
discontinued and normal retirement income shall commence in
accordance with this paragraph. For the purpose of this paragraph,
a participant's credited service for the purpose of determining the
normal retirement date shall include all periods of credited
service as defined in sec. 35.089 and 35.093 of this subchapter,
and all years and tenths of years during which the participant
received disability retirement income from the plan. Disability
retirement income paid to a participant shall cease effective upon
the participant reaching the ..normal. retirement date. Also
effective on the participant ' s normal retirement date, the
participant shall begin receiving monthly retirement income
computed in the same manner as for normal retirement in accordance
with division (A)(1) of this section, based upon the participant's
credited service as defined in this paragraph, and projected rate
of final monthly compensation at the normal retirement date (as
defined in this paragraph, below).' The participant's projected
rate of final monthly compensation at the normal retirement date
shall be determined in accordance with Sec. 35.059(E) of this
subchapter, but based on the assumption that the participant's rate
of monthly basic compensation at the date of termination of City
employment due to disability would have continued without change
to the normal retirement date. ~ .... *~. ; ..... ~ *~ ....... ~
' ' ity
dztc cf tc~inaticn cf h~s ....... duc to disabi! tc..__~- nc~al
19
basic ccmp~_nsaticn p~ to the datc cf t~rminaticn cf..__~ ..... ~
ncrma! rctir~_mcnt dat~.
(6) Pa~ent of disability retirement income. The
monthly retirement income payable upon tc '-'h~ .... ~~ ~
entitled in the event cf his disability retirement will be payable
on the first day of each month. The first pa~ent will be made
effective on the first day of the month ~~_~_..~___.._ -.'~..__.., ~__ n~t
following the latcr tc ccc'ar of the date on ~ which hiu the
particiDant's disability has existed for five months, or ~ the
date on ~ which app!iczticn ~ ~ ~...__~ ~ writing _~'- the
participant submits a written application for disability ~
...... + ~ +~ retirement income, whichever is later ~
...... ~ .-,~ ~ ~ Disability retirement income will continue to be
paid durinq the participant's lifetime., and in lieu of any other
retirement income under the plan, except as follows:
(a) If the participant recovers from ~ disability
prior to the hiu no~al retirement date, the last disability
retirement income pa~ent will be the pa~ent due next preceding
the date of tho recover.
(b) If the participant dies prior to the his no~al
retirement date without recovering from his disability, the last
pa~ent will be the pa~ent due next preceding the date of ~
death.
(c) If the participant attains the no~al
retirement date while receiving disability retirement income,
disability retirement income shall be discontinued and no~al
retirement income co~enced in accordance with division (C)(5)(b)
of this section.
(7) Recove~ from disability. If the Co~ittee finds
that a participant who is receiving a ~isa~ility retirement inmome
is, at any time ~rior to the ~ nomai retirement date, no ionger
disabled, as provided herein, the Co~ittee shaii ~iremt that the
retirement income be discontinued. Recovery from disability as
use~ herein sh~ii mean the ~ilit~ of th~ p~rtimip~nt to ~n~g~ in
a~y occupatio~ for wage or profit. However, any participant who
recovers from disability and whose disabiIity retirement income is
dismontinued by the Co~ittee and who, as of the date of
20
termination of city employment ~ due to disability, had
completed twenty (20) years of credited service or who had both
attained the age of 55 years and completed at least fifteen (15)
years of credited service ~ ~l~ ~ ~ ~ ,~ .......
cr~it~ .... ~ shall, if not re-employed by h~ ~c~ nct rccntcr
tkc .... ~-- cf the city, be entitled to tkc early retirement income
er tko ve~tc~ dcfcrr~ r~tircmcnt inccm~ as provided in division~
(B) ...... ~"~'~ based on the
~m~ ~ ,~ ~ of this section, __~ ......
participant's ki~ final monthly compensation and ki~ credited
service as of th~ date of termination of city employment ki~
~ due to disability and upon the participant's kis ~ttzin~d
age as of the date of recovery from disability~ ,___~"~
of early ~e retirement income "p_ ..... _.. __~_~ .... ____~_..._.._~ ..... ~ --'~..___ payable
in this circumstance shall be actuarially reduced to take into
account the participant's younger age and the earlier commencement
of retirement income payments as provided in division (_B~) of this
section. Any participant who recovers from disability and whose
disability retirement income is discontinued by the Committee and
who, as of the date of termination of city employment due to
disability had completed at least five (5) years of credited
service shall, if not re-employed by the city, be entitled to
vested deferred retirement income as provided in division (D) of
this section.
(8) Reemployment by the city. If a ~ participant
recovers from disability and is re-employed by rccntcr~ thc
~ the city, the participant's city employment ~&~--~e~c3~e will be
deemed to have been continuous and k~ -;:i!! rcc~iva credited service
under the plan will be qranted for the period of disability, fcr
('80 Code, Sec. 18-113) (Am. Ord. No. 15-78, passed 2/27/78; Am.
Ord. No. 82-79, passed 12/10/79)
(_DE) Benefits other than on retirement.
(1) Benefit on termination of service and on death after
termination of service:
(a) If a participant's city employment is
terminated after completion of five (5) years of credited service
bu~ before the normal retirement date, and the termination of
employment is for any reason other than the participant's death,
early retirement as described in division (B) of this section, or
disability retirement as described in division (C) of this section,
the participant shall, if then living, be entitled to a deferred
monthly retirement income commencing on the normal retirement date.
The amount of the deferred monthly retirement income shall be
computed in the same manner as normal retirement income under
21
division (B) 2 of this section, based upon the terminated
participant's vested percentaqe, credited service and final monthly
compensation at the date of termination of city employment. A
participant who terminates city employment after completion of five
(5) years of credited service may alternatively elect, in lieu of
any other plan benefits, to withdraw participant contributions
without interest. Such election to withdraw participant
contributions shall be irrevocable, and the participant sha~l not
thereafter be entitled to any credited service under the plan for
the period of City employment relevant to the contributions
withdrawn, regardless of future employment with the City.
(b) In the event a te~inated participant dies
prior to the co~encement of deferred ~ retirement income and
without having received a lump sum benefit in accordance with
division (G) of this section or a withdrawal of participant
contributions, ................................ , ................
the participant's designated beneficiary shall will receive the
monthly retirement income, payable for ten years certain and life
thereafter and effective__=~-~-~_...._..= on the date of the participant's
death, which can be provided by the single-sum value of the
participant's acc~ed deferred monthly retirement income as of the
date of te~ination of the participant's emplo~ent,
accumulated at interest from the date of such te~ination of tk~
~ ' ' ' ip
..... ~ ........ to the date of the partic ant's ~ death.
~c) If a te~inated participant who has not
received a withdrawal of participant contributions or any other
retirement benefit or income from the plan is re-employed by the
city in a position eligible for participation in the plan, the
participant shall retain the prior credited se~ice, and earn
additional credited se~ice as a contributing participant during
the period of re-emplo~ent, in lieu of the deferred retirement
income provided in division (D) (1) (a) of this section. The monthly
retirement income payable to such a participant following the
22
subsequent termination of employment, and commencinq on or after
the normal retirement date, shall not in any event be less than the
amount to which the participant was entitled under division
(D) (1)(a) of this section prior to re-employment by the city.
( ) p ' ±~ nt '~'
~ lieu of tko bcncfit~ tc '-'~ ~ ....... ~~ ~ ~ ~ .... ~
retirement datc :k:!! nct bc !ec: tkzn ~ ....... ~ ~ .... ~4.~ ~ ......
( '
992) ' '
(d) The provisions of division (E~) of this section
relating to optional fo~s of retirement income are applicable to
the benefits provided under division (~)(1)(a) of this section.
(e) Except as provided in division (AB) of this
section with respect to no~al retirement, division (~) of this
section with respect to disability retirement, and division (~)
of this section with respect to death, a ~ participant whose
emplo~ent ~ is te~inated prior to the completion of five
credited se~ice shall be entitled only to the return of
participant his contributions without interest.
(f) Except as othe~ise provided in division (D)
of this section and Sec. 35.093(C.), any participant who te~inates
city emplo~ent and is subse~ently re-employed by the city in a
position eligible for participation in the plan will be treated as
a new participant in all respects, with date of particiDation and
credited se~ice dete~ined on the basis of the participant's most
recent date of emplo~ent.
(2) Benefit payable in the event of participatinq
employee's death on or before the 9-~-- to no~al retirement datel
(a) Death benefit - se~ice-connected death. If
thc se~zice cf a participant's city emplo~ent is te~inated by
reason of ~ death~ on~ or before the = ...... , ....
retirement date, and the death arises out of or in the course of
city emplo~ent, there shall be payable the following:
23
1. TO the participant's spouse~ or other
designated beneficiary or beneficiaries, as the case may be, a lump-sum
payment of $10,000~,vvv,~= ~- plus
2. To the participant's spouse, until the
earlier of his or her death or remarriage, '-~-~....~..~._. __~- a--.ica=.c~r~ =~ , a monthly
income equal to seventy-five percent (75%) of the participant's final monthly
compensation at the date of death; or to a designated beneficiary or
beneficiaries other than the spouse, until death, a monthly income equal to
the actuarial equivalent of a lifetime benefit payable to the participant in
the amount of seventy'five percent (75%) of the participant's final monthly
compensation at the date of death; ~lus
3. For each child of the participant until he
or she attains=..---..~ ~ ~..---vt ~teac..=_= ~ the age of eighteen (18) years,_ and for each
child from age 18 until age 22 who is a full-time student in an accredited
school, there shall be payable an additional monthly income equal to seven and
one-half ~ercent ( 7.5% ) q~ of the participant ' s final monthly
compensation. The maximum monthly income for the participant's spouse and
children combined shall not exceed ninety percent (90%) of the participant's
final monthly compensation at the date of death. _A T.kc nonstudent~e child's
monthly income shall terminate effective e~ the first day of the month next
preceding thc =---r.i=r =~ the child's death, marriage, or the attainment of age
18, whichever occurs first; the monthly income of a child who is a full-time
student shall terminate effective e~ the first day of the month next preceding
thc c-~-rlicr =f the child's death, marriage, or the attainment of age 22.
whichever occurs first. Legally adopted children shall be eligible for a
monthly income in the same manner as biological ~ children.
(b) Death benefit - nonservice-connected death. If
thc =crvicc -~ a participant's'city employment is terminated by reason of
- ..is actual retirement date,
death on~ or before the participant's = ...... ,
and benefits are not payable pursuant to Sec. 35.097(D)(2)(a), there shall be
payable the following:
1_~. If the participant has at least one year
of crc_i.c_ =crvicu but less than five years of credited service, a lump-sum
payment of $5,000, =-="~=-=z ~ to the ~articipant's spouse, or other designated
beneficiary or beneficiaries.
2_~. If the participant has five or more years of
credited service, there shall be payable:
24
a. A lump-sum payment of $10,000 $~rOOO
~ to the spouse or other designated beneficiary or
beneficiaries; plus
b. To the participant's spouse, 'until
the earlier of his or her death or remarriage, ..............
=-~=~ a monthly income equal to sixty-five percent (65%) of
the participant's normal retirement income which has accrued to
the date of death;-subject to a minimum of twenty percent (20%) of
the participant's final monthly compensation at the date of death;
or to a designated beneficiary or beneficiaries other than the
spouse, until death, a monthly income equal to the actuarial
equivalent of a lifetime benefit payable to the participant in the
amount of sixty-five percent (65%) of the participant's normal
retirement income which has accrued to the date of death; plus
c. For each child of the participant
until he or she attains shall have rcackcd the age of eighteen (18)
years~ and for each child from age 18 until age 22 who is a full-
time student in an accredited school, there shall be payable an
additional monthly income of seven and one-half percent (7.5%) ~-
1/2% of the participant's final monthly compensation. The maximum
monthly income for the spouse and children combined shall not
exceed fifty percent (50%) of the participant's final monthly
compensation at the date of death. A Thc nonstudent~ child's
monthly income shall terminate effective ~ the first day of the
month next preceding thc car!icr cf the child's death, marriage,
or the attainment of age 18, whichever occurs first; the monthly
income of a child who is a full-time student shall terminate on the
first day of the month next preceding thc c:r!icr cf the child's
death, marriage, or the attainment of age 22, whichever occurs
first. Legally adopted children shall be eligible for a monthly
income in the same manner as bioloqical ~ children.
(c) The minimum death benefit payable to the
designated beneficiary or beneficiaries under division (D) (2) of
this section shall be an amount equal to the death benefit that
would have been payable under the terms of the superseded plan
based on the assumption that the employee had died on the effective
date of this section. In the event more than one beneficiary is
designated by the participant, the death benefits provided herein
shall be equally apportioned among the beneficiaries.
('80 Code, Sec. 18-113) (Am. Ord. No. 82-79, passed 12/10/79; Am.
Ord. No. 67-84, passed 9/25/84; Am. Ord. No. 103-87, passed
12/22/87)
25
(E~) Optional forms of retirement income.
(1) In lieu of the amount and form of retirement income
payable in the event of normal retirement, early retirement, or
termination of service as specified in divisions (A). (B), (C) and
(D) +~ (1) of this section, a participantm~ or a terminated
patti ip nt may A~A 4~ A4..~ ,~ ,~ ~ ~ .... ~
C a , ~s .................... ~-, ~-, ............... ,
upon written re~est to the Co~ittee submitted prior t~ the
receipt of retirement income or benefits under the plan, ~
to the approval of the Co~ittee, ~ elect to receive a retirement
income or benefit co~encing on the date specified in divisions
CA). (B) , (C) and ~'~,_, (1) of this section, whichever is
applicable, of e~ivalent actuarial value payable in accordance
with one of the following options: '
(a) Option 1. A retirement income of a modified
monthly amount, payable to the participant for his life~i4ae, except
that in the event the participant dies before receiving ky
~i~retirement income~ae~for a period of ten years, the
same monthly benefit will be paid to the beneficiary designated by
the participant for the balance of the ten-year period.
(b) Option 2.
1. A retirement income of a modified monthly
amount payable to the participant during the joint lifetime of the
participant and a desiqnated joint pensioner ~~A ~, ~ and
following the death of either of them, two-thirds of the monthly
amount payable to the survivor for the lifetime of the survivor.
~ The monthly income payable under this
option to the participant and a joint pensioner dcsign=tcd un~er
A~--~-~-- '~(~'~ ~ -~ ~- =ecticn, shall not be less than the
monthly income that would be payable under a payments certain to
age 85 years and life thereafter form.
(c) Option 3. Any other amount and form of
retirement income ~ or benefits that a~, in the opinion of
the Retirement Committee, will best meet the circumstances of the
26
participant. However, if the form is other than a joint and
survivor form of retirement income ...... ~ or benefits, the
monthly income payable to a participant under that 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.
(2) A participant, upon electing any option under this
section, shall designate the joint pensioner or beneficiary to
receive the benefit, if any, payable under the plan in the event
of the participant's death, on a form provided by the Committee.
The participant may revoke or change the designation of a joint
pensioner or beneficiary at any time prior to the commencement of
retirement income or benefits, by submitting such change in writing
on a form provided by the Committee. A participant may also change
the designation of a joint pensioner or beneficiary after the
commencement of retirement income or benefits, subject to approval
by the Committee, and in accordance with the following:
a_~. The participant must pay the full
cost of determining the ec~ivalent actuarial value of the benefit
payable.
b~ The consent of a participant's joint
pensioner or beneficiary to any chan~e in such designation shall
not be required.
c. The amount of retirement income
payable to the participant upon the designation of a new joint
pensioner shall be actuarially redetermined, taking into account
the benefits already received by the participant, and the age and
sex of the former joint pensioner, the new joint pensioner and the
participant.
d_~. Each designation of a joint pensioner
or beneficiary shall be made in writing on a form provided by the
Committee.
e_~. In the event that no designated
beneficiary survives the participant, the benefits payable in the
event of the participant's death subsequent to retirement shall be
paid as provided in Sec. 35.100(A) of this subchapter.
ti ip pti -~' ' '
27
~ ~ ' , ,
(3) Retirement income pa~ents will be made under the
option elected in accordance with the provisions of this division
and will be subject to the following limitations:
(a) If a participant dies prior to his retirement
under the plan, or if a te~inated participant dies prior to the
co~encement of..~_~ ....... ~_j.._..*~__ _~*_ ..__~ no~al retirement income
no benefit will be payable under the option to any person, but
benefits will be payable as provided in division (~) of this
section.
(b) If a participant's tko designated beneficiary
or joint pensioner dies before the participant's retirement under
the_ an~ or ..... = ........ = ...... =
option elected will he cancelled automatically and . retirement
income in ~ the no~al fo~ and amount will be payable to the
participant upon ~ retirement ~ ~ ~ ~~
at hi~ no,x! r~tircm~nt d~t~ as if the election had not been made,
unless a new election is made in accordance with the provisions of
this section~ or unless a new beneficiary or joint pensioner is
designatod by the participant prior to kiz retirement
or joint p.ncioncr.
(c) If both the pa~icipant and desiqnated
beneficiary ~;-~-*~ ~" ~;~ die after the date ~ the
participant's retirement income co~ences under the plan, but
before the full actuarial value of benefits under ...... ~ ~" ~"~
division (~)(1)(a) or (c) has been received, the Co~ittee may,
in its discretion, direct that the co~uted value of the remaining
pa~ents be paid in a lump sum and in accordance with, Sec.
35. 100 (B) .
('80 Code, Sec. 18-114)
(F~) Lump-sum pa~ent of small retirement income.
Notwithstanding any provision of the plan to the contras, if the
monthly retirement income payable to any person entitled to any
benefit hereunder is less than $50 ~ cf tk~ ~ztc cf ki~ ~-~ ..... ~
~ ~~~ ~ .... ~ ..... ~ ..... ~ .... ~~ the Retirement
co~ittee may, in the exercise of its discretion, specify that the
actuarial e~ivalent of the retirement income be paid in a lump sum
or in monthly installments for a period certain of not more than
sixty (60) months.
('80 Code, Sec. 18-115) (~. Ord. No. 67-84, passed 9/25/84)
~ Limitaticn ........ ~ ~ ~ ~ ..... ~ ~ .....
' should ' '
~_..t.._~ ............................ , ......... , .................
(1) If a participant's city emplo~ent ~c~zicc is
te~inated because of dishonest conduct injurious to the city, or
if dishonest conduct injurious to the city co~itted by a
participant is dete~ined by the city during the lifetime of the
participant but within one year after ~ se~ice with the city is
te~inated or within one year after hi= retirement under the plan,
the Retirement Co~ittee, .......-~-.. ..-~"~__-- __~_.. ~_.._ Cc~.is=icn, may
te~inate a participant's interest and benefits under the plan and
trust fund.
( 2 ) The dishonest conduct inj ur ious to the city
co~itted by a participant shall be dete~ined and decided by the
Co~ittee only after a full investigation of the alleged dishonest
conduct and an opportunity has been given the participant to appear
before the Co~ittee to present testimony and evidence. ~
29
The Committee or the City Manager may conduct an investigation
pursuant to this section. The decision made by the Committee in
those cases shall be final and binding on all participants or other
persons affected by the decision.
('80 Code, Sec. 18-117)
~ (~_~) Funding of benefits through purchase of life insurance
contract or contracts.
(1) In lieu of paying benefits from the trust fund to
a participant or his beneficiary, and upon direction of the
Retirement Committeew 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 that participant or beneficiary, whereupon the contract shall
thereafter govern the payment of the amount of benefit, if any,
represented by that contract which is payable under the plan upon
the participant'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 those benefits
that are purchased and for which the premiums are duly paid. The
individual retirement income or retirement annuity contract may be
purchased by the trustee on a single-premium basis or on the basis
of annual premiums payable over a period of years, as directed by
the Committee and as agreed upon by the insurance company; the
individual retirement income or retirement annuity contract may be
purchased, as directed by the Committee, at any time~ on~ or after~
the participant's date o~ retirement to provide the benefits due
under the plan to the participant or his beneficiary~, Ch, or
(2) 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 or other benefits, on an individual or group basis,
in a manner and in a 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 100 times the
participant's anticipated monthly retirement income commencing at
normal retirement date. The amount of the anticipated monthly
retirement income commencing at normal retirement date shall be
computed as for normal retirement in division (A~) (1_~) of this
section.
(3) The participant's projected final monthly
compensation at normal retirement date shall be determined in
~.4~ ,~ of
accordance with Sec. 35.089(E) of this subchapter, ......... ,..,
3O
~_.__ .... _v__--..,~" and shall be determined as of the participant's
normal retirement date, based on the assumption that the
participant's rate of monthly compensation as of his date of death
had been continued without change to his normal retirement date.
Specifically, those retirement annuities and other benefits as may
be provided for in the plan may be purchased under one o~ more
deposit administration type group annuity contracts.
(4) No insurance company which may issue any contract
upon the application of the trustee shall be required to take or
permit any action contrary to the provisions of that contract; or
be bound to allow any benefit,or privilege to any person interested
in any contract it has issued which is not provided in the
contract; 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 issuing
company shall be fully discharged from any and all liability for
any amount paid to the trustee; or in accordance with its
direction; and no issuing company shall be obligated to see to the
application of any moneys so paid by it. Any 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.
(5) Upon termination of employment, a participant may
receive the retirement income or annuity policies which are being
purchased for him at the date of his termination, in lieu of any
other benefit which he may be entitled to receive, 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.
('80 Code, Sec. 18-118) (Am. Ord. No. 82-79, passed 12/10/79)
~,i(J_K) Technical provisions required by the Internal Revenue
Code and treasury department regulations.
(1) Temporary limitations on benefits for the 25
highest-paid employees.
(a) Class restricted. ~ ~ivision (~) (1) of
this section 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"EMPLOyEE"
as used in this division shall include all persons in the
employment of the city who are participants in the plan and all
other persons in the employment of the city on that date who may
later become participants in the plan.
31
(b) Restrictions.
1.''~ Subject only to the specific exceptions
contained in division (~K)(1) of this section~ and notwithstanding
any provisions of the plan to the contrary, the amount of city
contributions which may be used ~to provide benefits for any
participant to whom ~i~ division (~)(1) of this section applies
is ~-~- which may be received prior to the end of the ten-
year period that next follows the effective date of the plan shall
not exceed an amount which is equal in value to (or which is
actuarially equivalent to) the larger of the following amounts:
$20,000; or an amount equal to:
a. Twenty percent (20%) of the
participant's average regular compensation received from the city
for the five years immediately preceding the date of the
determination~r-3&h~date of termination of employment~l~i~e or
the normal retirement date, respectively, for a participant whose
service is terminated, who has retired prior to the kis normal
retirement date or who has attained the kis normal retirement date,
a~e~ whether or not he has retired under the plan, or
b. $10,000, whichever is smaller~
multiplied by the number of years between the date of the
establishment of the plan and the earliest of: the date of
termination of the plan; the date the benefit of an employee, who
is among the 25 highest paid whose anticipated annual retirement
income exceeds $1,500 becomes payable; or the date of the failure
to meet the full current costs of the plan, in the case of an
employee described in division (_~q4) (1)(a)~,_,_._. ~ of this section.
2. However, if the full current costs of the
plan have not been met at the end of the ten-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.
(c) Exceptions.
1. 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 division (~) (1) of this section, if, at the time of the
death, the plan is in full effect and the full current costs
thereof have not been met.
2. The provisions of this division (~)(1)
of this section 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
participant retiring or receiving benefits during any period in
32
which the plan is in full effect and the full current costs thereof
have been met.
3. The limitations of this division (~K) (1)
of this section 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.
(d) 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
division3(J_~) (1) of this section shall be applied to the increase
in benefits under the plan as amended as though the increase were
benefits under a new plan established on the effective date of that
amendment. However, the provisions in division~_~) (1) (b) of this
section that the unrestricted amount of city contributions on
behalf of any employee is at least $20,000 is applicable to the
aggregate amount contributed by the city on behalf of that 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
contributions 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 that amendment) are to be taken into account.
(e) Use of funds after rights of other employees
satisfied. In the event of the termination of the plan while the
limitations of this dlvlslon~)(1) of this section 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 division ~J_~) (1) of this
section are applicable which is in excess of the limitations set
forth in division~_~)(1)(b) of this section will be apportioned
to its other participants, including its retired participants, in
accordance with the provisions of Sec. 35.109_6 of this subchapter;
however, if there be any asset value after the full apportionment
specified in Sec. 35.109~'~'~_v,v,,_, tkrcugk (5) of this subchapter,
apportionment shall be made in a nondiscriminatory manner, prior
to the apportionment specified in Sec 35 109¢B) (2) ~ ~'~'~
of this subchapter with respect to each employee to whom the
provisions of this division~_~K)(1) of this section are applicable
in the amount required to provide that portion of the allocation
provided on his behalf under Sec. 35.10~(C) of this subchapter to
which he. is not entitled by reason of the limitations of this
division~K)(1) of this section, and provided further that, if the
remaining asset value be less than the aggregate of those amounts,
the amounts shall be proportionately reduced as contemplated by
33
Sec. 35 109~'m~ of this subchapter so that the aggregate of those
reduced amounts will be equal to the remaining asset value.
(2) 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 termination 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 contract issued in accordance with division
(~$) of this section shall not be used to increase the benefits
that any employee would otherwise receive under the plan.
(3) Benefits nonf~rfeitable if plan is terminated or
contributions permanently discontinued. Any provisions of the plan
to the 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 the date of termination or discontinuance, to
the extent then funded, shall be nonforfeitable and those benefits
shall be determined and distributed as provided in Sec. 35.109_6.
('80 Code, Sec. 18-119)
Section 35.098 SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS.
Effective as of January 1', 1993, all employees or
beneficiaries of employees who were receivinq benefits under the
plan ~ prior to January 1, 1991, shall have the monthly
amount of retirement income increased by five percent (5%) over the
gross amount they were receiving in December of 1990. Provided,
however, that all employees and desiqnated beneficiaries who
receive plan benefits that are based on or derived from a
participant's normal retirement income, regardless of the
participant's retirement date~ shall receive benefits based on a
minimum monthly normal retirement .income amount of at least $400.
(Ord. No. 48-86, passed 8/12/86; Am. Ord. No. 65-92, passed
12/8/92)
Section 35.099 PARTICIPANT TO FURNISH REQUIRED INFORMATION.
(A) Each participant will furnish to the Retirement Committee
such information as the Committee considers necessary or desirable
for the purpose of administering the plan, and the provisions of
the plan respecting any payments thereunder are conditional upon
the participant's furnishing promptly such a4%~ true, full, and
complete information as the Committee may request.
34
(B) Each participant will submit proof of his age (and, in
the case of his election of Sec. 35.097(F)(1) (b) or (c) of this
subchapter, proof of the age of the joint pensioner selected by
him) to the Committee at that time as required by the Committee.
Thc ~++__._.._____ .....____~, _~ _If ~ proof of age is not submitted by a
participant as required, the Committee may defer action on the
participant's request for retirement benefits or rely on other
available information to determine aqe. u=e ag ccnc!usivc ~-'~ ....
rcgzrd!ess cf thc ~curce cf the infermz+~___... Any adjustment
required by reaso~ of lack of proof or misstatement of the age of
persons entitled to benefits hereunder, by the participant or
otherwise, will be in a manner as the Committee deems equitable.
(C) 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 the
city.
('80 Code, Sec. 18-130)
Section 35.~00 BENEFZCZARZES; CONTZNGENC[ES.
(A) (1) If a participant dies without havinq desiqnated a
joint pensioner or beneficiary in accordance with Sec.
35.097(E)(2), or if the joint pensioner or beneficiary designated
__..__~""~"~_____~ .._...__"=-"~ by a deceased participant predeceases the
participant, the death benefit, if any, which may be payable under
the plan with respect to the deceased participant 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 that group or apportion the benefit among any two or more of
them in those shares as the Committee, in its sole discretion,
shall determine; or
(b) The estate of the deceased participant.
35
(2) u ......... ~ ...... ~ *~ ........ * The Committee, in
its sole discretion, may direct that the commuted value of the
remaining monthly income payments be paid in a lump sum.
(3) Any payment made to any person pursuant to the power
and discretion conferred upon the Committee by the provisions of
this section shall operate as a complete discharge of all
obligations under the plan with respect to the deceased participant
and shall -~* ~- ~u oct tc __.i_~ ~ ......... ~"~ -~ be final,
binding, and conclusive on all persons ever interested hereunder.
('80 Code, Sec. 18-131)
(B) (1) In the event of the death of a beneficiary who
survives the participant and who, at the beneficiary's death, is
receiving benefits under Sec. 35.097(_DE) or (~) of this subchapter
for a specified period of time (not the lifetime of the
beneficiarv~ ...~ .~ ~ y~, ,~ ~~ ~,~ ...~ ~p~
p=rticipant'~_ ~=*~____.., the same amount of monthly retirement income
which the beneficiary was receiving shall be payable for the '
remainder of the specified___..~ *__.. ........ ~___ ,'-~_~ other) period to a
person designated by the participant to receive the remaining death
benefits, if any, payable in the event of a 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 the contingency.
However, if no person so designated is living at the t~me the
beneficiary dies, upon *~ ............. ~ *~ .... *~ ....... then the
remaining death benefits, if any, shall be payable for the
remainder of the specified .... ~ ~-~- * ........ '-- ~*~--~
period, at in the discretion of the Committee, either to:
(a) Ail 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 bene-
ficiary's descendants, the participant's parents, the beneficiary's
parents, the participant's heirs-at-law, or the beneficiary's
heirs-at-law; or
(b) The estate of the deceased beneficiary._+
(2) Whenever the Committee exercises its discretion to
effect the payment of death benefits upon the death of a
participant's designated beneficiary, the Committee may direct that
the commuted value of the monthly retirement income payments due
for the remainder of the specified period be paid in a lump sum.
Any payments made to any person pursuant to the power and
36
discretion conferred upon the Committee by the provisions of this
section shall operate as a complete discharge of all obligations
under the plan with respect to the deceased beneficiary and shall
........ ___ binding, and
......... 2 ~nycnc ...... be final,
conclusive on all persons ever interested hereunder.
('80 Code, Sec. 18-132)
Section 35.101 BENEFITS NONABSIGNABLE.
(A) 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 charge and any attempt so to anticipate, alienate,
transfer, assign, pledge, encumber or charge the same shall be
void; nor shall any benefit, right, or account be in any manner
liable for or subject to the debts, contracts, liabilities,
engagements, torts, or other obligations of the person entitled to
that benefit, right or account, except as specifically provided in
the plan; nor shall any 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.
(B) If a participant or any other person entitled to benefits
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 anticipate,
alienate, sell, assign, pledge, encumber, or charge a benefit,
right or account, except as specifically provided in the plan, then
that 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 Retirement Committee, hold or apply funds
equal in value to that terminated account in the interest of the
participant. This shall include not only distributions directly
to the participant at the Committee's discretion but to or for the
benefit of the participant's spouse, children, or other dependents
where the Committee determines this to be appropriate. ~
*~ ~--~**~ ~ ~*~'-~ (See Sec. 35.102(A) (1)'~ through
'~ of this subchapter for permissible methods of
(3) ,.,
distribution.)
('80 Code, Sec. 18-134)
Section 35.102 BENEFITS PAYABLE TO MINORS AND INCOMPETENTS.
(A) Whenever any person entitled to benefits ~ under
this plan i__s~ha=N-l--be a minor or leqally incompetent, ~
37
Committee may, in the exercise of its discretion, direct all or any
portion of those payments to be made in any one or more of the
othcr duly .... ;~4-~ ~
=hz!! b~_ mzdc to 4-_he -~p .....
(1) To the parent, lawfully appointed leqal guardian,
or legal representative of the person entitled to benefits under
the plan; Dircct!y 4-~ 4-~4- .........
(2) To the spouse, child~r~ or other blood relative
to be expended on behalf of the person entitled to benefits under
the plan or that person's cn bchz!f cf those dependentsl
(3) To a recognized charity or non-profit orqanization
to be expended for the benefit of the person entitled to benefits
under the plan or that person's fcr tkc benefit cf tkc=c
dependents_ as 4- .... ~ 4-~ p ..... ~-- 4-~- ~"4-" ~ ....... ~' or
(iB) The decision of the Committee wi11, in each case, be
final and binding upon all persons_ ~_~,
~ 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 Committee.
('80 Code, Sec. 18-135)
Bection 35.103 ABANDONMENT OF BENEFITS.
(A) ~c~All participant~ and any other person~ entitled to
plan benefits ~ shall keep ~ the Retirement
Committee informed of their current ma~lin~ address at all times.
Ail changes of address shall be promptly submitted in writing to
the Committee. Ail checks and correspondence will be sent to the
current address on file with the Committee. ~- ~-~ ~ ~-~ ~
38
Committee nor the trustee shall be obliged to search for or
ascertain the location of any person.
(B) 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 the ~ address last known to the Committee,
notify the person that:
(1) All unmailed and future retirement income payments
shall be henceforth withheld until the person ~e provides the
Committee -:~'itk evidence of kix continued life and/or correct ~
~ mailing address; and
(2) A participant's I~ right to receive ~ retirement
· -'~'~ ........ ~-~ at the option of the Committee, be
income may, ................. ,
cancelled forever if the participant does not respond or otherwise
contact the Committee within three (3) years followinq the date
payments are withheld pursuant to division (B) (1) of this section.-r
('80 Code, Sec. 18-137)
Section 35.104 CONDITIONS OF EMPLOYMENT NOT AFFECTED BY PL~Iq.
The establishment and maintenance of the plan will not be
construed as conferring any legal rights upon any participant to
the continuation of his employment with the city, nor will the plan
interfere with the rights of the city to discipline, lay off, or
discharge any participant.
('80 Code, Sec. 18-136)
39
Sect'Ion 35.105 ADMTN'rSTI1ATZON BY ~TZREHE~ CO~ITTEE.
(A) (1) The plan will be administered by the Retirement
co~ittee (herein referred to as the Co~ittee) appointed by the
city Co~ission, consisting of a chairperson and
dditi '
~ .... ~ four a onal me. erst, z .... : ............. , __ _
~-'~"~ ~ Each me~er may, but need not, be an official or
employee of the city, and each me~er, -~_ ~_.._ ........ ___=_____
-~~ ~- ~ ~ ~- ~~-- shall be appointed by the City
Co~ission to se~e until a ~ successor is ~ appointed in
like manner.
(3) An individual me~er of the Co~ittee may resign by
delivering his written resignation to the City Co~ission and to
the other me~ers of the Co~ittee. ~ ...... *-
.... ~** ..... ~"-*~ *~ ~ ~-~~ The City Co~ission may
remove an individual me~er of the Co~ittee by so notifying the
me~er and other Co~ittee me~ers, if any, in writing~~
cf one or r. crc individu~lc, v ~acancies on the co~ittee shall be
filled by mction of th~ City Co~ission appointment.
('80 Code, Sec. 18-148)
(B) The Co~ittee may appoint a secretary who may, but need
not, be a me, er of the Co~ittee. The city ~ shall
employ or retain any agents, clerical and other se~ices, legal
counsel, accountants, investment counselors, and ~ actuaries, as
may be re~ired to administer___~-~ *~_.._ .......... =__=___ __~ ndminictcring the
plan.
('80 Code, Sec. 18-149)
(C) Action by Committee.
(1) A majority of the me,ers of the Co~ittee shall
constitute a ~o~m for the transaction of business and shall have
full power to act hereunder.
40
(2) Committee meetings shall be noticed and open to the
public. Meetings shall be conducted in accordance with rules
adopted by the Committee, or by Roberts Rules of Order if the
pt - ° '
Committee has not ado ed rules. ~ ....... ~ ......... ~ ........ ~ ~"
a,-,-therizc~ tc zct cn behz!f cf thc ~~ ~ ~ .... ~ ....
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.
Official Committee' action shall be by majority vote of a quorum of
the Committee.
(3) The Committee shall give to the trustee~ any order,
direction, consent, 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 secretary or any
authorized member of the Committee as evidencing the action of the
Committee.
(4) A member of the Committee may not vote or decide '
upon any matter relating solely to that member, himsclf or vote in
any case in which the member's h3=~ individual right or claim to any
benefit under the plan is~_~;~"~"_~___~_~ involved. If,
in which ~n individuz! ~ Committee member is required to abstain
and the remaining members of the Committee are unable to decide the
~ the City Commission may wi-l-t appoint a temporary substitute
member to the Committee. ~ .... ~ ~ ~ ~ .......... ~
('80 Code, Sec. 18-150)
(D) The Committee shall have the authority to make those
rules and regulations and to take any 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 administrative, clerical, professional and
other plan-related functions ~y ~-~ -~ ;~ .... ~W~ .... ~ ~11~;~=
as it deems necessary and prudent. ~
('80 Code, Sec. 18-151)
(E) In order to effectuate the purposes of the plan, the
Committee shall have the power to construe the plan, to supply any
omissions therein, to reconcile and correct any errors or
inconsistencies, and to make equitable adjustments for any mistakes
or errors made in the administration of the plan. All acticn= cr
41
(~$0 Code, Sec. 18-15~)
(F) No member of the Committee shall be liable for an~ loss
unless resulting from that member's ~ fraud or willful
misconduct, and no member shall be personally liable upon or with
respect to, any agreement, act, transaction, or omission made in
good faith ~v .... ~ ....
~ as a member of the Committee~ ~ ~ ....... ~ ..... ~ No
member of the Committee shall be liable for the actions of other
members, or the actions of any agent, representative, or employee
of the Committee. The Committee and any individual member of the
Committee and any agent thereof shall be entitled to rely on fully
prctccted ~_--~,,~__=_..= ....... _=_.. the advice of ~-_.._ fe!!cwing professional
consultants and or advisors employed or retained by the city,
includinq but not limited to attorneys, accountants, investment
advisors and actuaries. ~--~--¢~-
are cencerncd, zny investment ccun=e!cr inscf:r us inve~tmen~
('80 Code, Sec. 18-153)
(G) (1) The actuary will do any technical and advisory work
as the city ~ 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 actuariaI report as of the anniversary date of the
plan each year to the city and the Committee, which report shall
contain an actuarial valuation showing the financial condition of
the plan, a statement of the contributions to be made by the city
for the ensuing year, and any other information as may be required
by the Committee.
(2) The actuary shall be appointed by the city
Comm. i~sien to serve as long as it is agreeable to the city
Cem~iesien and the actuary. In computing benefits to which a
participant may be entitled upon early retirement, upon the
exercise of optional forms of retirement income, or upon
termination of the plan, and in all other instances in which
actuarial computations are required, the actuary shall use those
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, those assumptions as are decided upon jointly by the
actuary and the Committee as being reasonable at the time the
calculations are made. The actuarial assumptions and the
computations made therefrom adopted by the Committee shall be
conclusive and binding on all persons~ whcnscc-;cr. Neither thc
The Committee~a~r-4~aecity and trustee shall not be liable for any
42
mistakes or errors in any computations made in good faith._~--~a4-~a~
('80 Code, Sec. 18-154)
(H) The plan will be construed~a4~enforced and administered
according to the laws of the ~tate~ of Florida.
('80 Code, Sec. 18-155)
Section 35.~05~ CI~IMS PROCEDURE.
(A) Claims of Affected Persons.
(1) The Committee shall grant an initial hearing upon
receipt of a written request ("Claim"), on matters which affect the
substantial riqhts of any person ("Claimant"), includinq
participants, active or retired, beneficiaries, or any person
affected by a decision of the Committee.
(2) The Committee shall review the Claim at an initial
hearing and enter an order within sixty (60) days from the date of
receipt of the Claim and, in the case of disability claims, receipt
by the Committee of a completed application and signed authoriza-
tion for the release of medical records on a form approved by the
Committee. The Committee may extend the time for entering the
order at an initial hearing for an additional forty-five (45) days
if it determines such time is necessary for full discovery and
adequate review. The Committee and the Claimant may stipulate to
further extensions of time.
(B) Initial Hearing
(1) At the initial hearing, the only evidence to be
considered by the Committee shall be documentary evidence contained
in the Claimant's pension file, including but not limited to,
correspondence, medical records and ~eDorts of treating physicians
and/or examininq physicians and evidence received pursuant to
paragraph 2.
(2) Other than questions from the Committee, there will
be no taking of additional evidence at. the initial hearing, except
that the Claimant and/or his representative will be afforded
fifteen (15) minutes to make a presentation, which shall be limited
to comments and/or arguments as to the evidence or information
already contained in the Claimant's pension file, including the
report of the examining physician.
43
(3) Upon completion of the review of the Claim at the
initial hearing, the Committee shall enter an order setting forth
its findings and conclusions on the Claim. The written order shall
be provided to the Claimant. The order shall include:
(a) The specific findings and conclusions Of the
Committee, including specific references to pertinent provisions
of the System on which such conclusions are based;
(b)o A description of any additional material or
information that the Committee may deem necessary for the Claimant
to perfect his Claim, together with the reasons why such material
or information is necessary; and
(c) An explanation of the Claimant's right to a
full hearing on the Claim and the time limit in which a full
hearing must be requested in writing.
(4) The decision of the Committee at the initial hearing
shall not be final until after the time has expired to request a
full hearing or, if a full hearing is requested, until the
Committee makes a decision at the conclusion of the full hearing.
(C) Full Hearing
(1) Any Claimant may request a full hearing on the
issues presented to the Committee at an initial hearing and upon
which the Committee has entered an order as provided in subsection
(B), paragraph (3), of this section.
'~ (2) A full hearing must be requested by the Claimant
within thirty (30) days of the receipt of the Committee's order.
The order will be deemed received three (3) days following the date
it is mailed to Claimant at the address provided to the Committee
by Claimant.
(3) Upon receipt of the request for a full hearing and
considering the amount of discovery which might be conducted, the
Committee shall establish a date for the full hearing and cause
notice to be given to the Claimant. The full hearing shall be held
within ninety (90) days from the receipt of the request from the
member. The full hearin~ may be postponed, if necessary and with
the consent of the Claimant, to permit full discovery of the facts.
(4) Copies of all documents to be offered into evidence
at the full hearing, includin~ depositions, and a complete witness
list with names and addresses of witnesses expected to be called,
shall be furnished to the Committee by the Claimant at least twenty
(20) days prior to the full hearinq. Documents not furnished to
the Committee within the prescribed time limit may be excluded from
evidence at the full hearing if a reasonable explanation is not
provided for the delay in providing the documents.
44
(5) A Claimant or the committee may obtain discovery by
deposition and/or interrogatories Prior to the full hearing.
Written notice of any depositions and/or interrogatories shall be
given to the Committee and the Claimant.
(6) The costs of any discovery, except discovery
requested by the Committee, the appearance of witnesses at the
hearing, and the making of a verbatim record of the proceedings
shall be the responsibility of the Claimant.
(7) Th~ Claimant shall be responsible for the appearance
of any witnesses called to testify by the Claimant at the hearing.
(8) Testimony at the full hearing may be submitted in
the form of a deposition. Since it will give the Committee more
time for review and consideration, the Committee prefers that
testimony be submitted by deposition. Depositions timely submitted
will be part of the record before the Committee at the full hearing
and will not be read in totality at the full hearing; provided,
however, that this does not preclude the Claimant or the Committee
from reading parts of depositions at the full hearinq. '
(9) Irrelevant and unduly repetitious evidence shall be
excluded.
(10) The file maintained by the Committee, including but
not limited to various medical reports therein, is part of the
record before the Committee at the full hearing.
(11) All.proceedings of the Committee shall be conducted
in public.
(12) In cases concerning an application for pension
benefits, including applications for disability retirement
benefits, the burden of proof, except as provided by law, shall be
on the member seeking to show entitlement to such benefits.
(13) In cases concerning termination of pension benefits
including re-examination of members receiving disability retirement
benefits, the burden of proof shall be on the Committee.
(14) Except as to those records which are exempted from
the provisions of Chapter 119. Florida Statutes, Florida's Public
Record Law, records maintained by the Committee are open for
inspection and/or copying during normal business hours at a
reasonable cost for the copying.
(15) Should a Claimant requesting an initial or full
hearing decide to appeal any decision made by the Board, with
respect to any matter considered at such hearing, the Claimant
requesting an initial or full hearing will need a record of the
proceedings and may need to assure that a verbatim record of the
45
proceeding is made. The Claimant requesting an initial or full
hearing will be responsible for obtaining a court reporter or
otherwise making a record of the proceeding before the Committee.
(16) The decisions of the Committee after the rec~.ested
full hearing shall be final and binding.
(17) Within fifteen (15) days after making a decision at
the full hearing, the Committee shall enter a final order setting
forth its findings and conclusions and a copy of the order shall
be provided to the Claimant.
(18) Judicial review of decisions of the Committee shall
be sought by the filing of a timely petition for writ of certiorari
with the Appellate Division of the Circuit Court for Palm Beach
County.
(D) Conduct of the Full Hearing.
(1) The Committee Chairman shall preside over the
hearing and shall rule on all evidentiary, procedural, and other
legal questions that arise during the hearinq. The Chairman's
rulings shall stand unless overruled bv all other members present.
The Chairman shall open the full hearing by explainin~ the
procedures to be followed.
(2~. The Claimant shall have the right to be represented
by counsel or be self-represented. The City Attorney shall advise
the Committee.
(3) The Claimant shall be allowed to make an opening
statement not to exceed ten (10) minutes.
(4) Testimony of witnesses shall be under oath or
affirmation. Depositions or affidavits shall be admissible if
aqreed uDon by the Claimant and the committee or the City Attorney.
(5) The Chairman, any member, the City Attorney, the
Claimant or the Claimant's counsel, upon recognition by the
Chairman. may direct questions to any witness during the
proceedings.
(6) The Claimant and the City Attorney shall have th~
right to present evidence relevant to the issues, to cross examin~
witnesses, to imDeach witnesses and to respond to the evidenc~
presented.
(7) The Claimant shall be permitted a closing argument
not to exceed fifteen (15) minutes.
46
(8) The Committee shall deliberate and reach a decision
following closing argument, and thereafter enter a written order
as provided herein.
(E) Disability Claims -- Additional Procedures
(1) All applications for disability pensions shall be
in writing. Forms for such applications may be provided by the
Committee. The disability ClaSmant shall also be required to
submit a completed, authorization for release of medical records on
a form provided by the Committee.
(2) Upon receipt of the properly completed application
and authorization for release of medical records, the Committee
may request medical records from all relevant treating physicians,
personnel records from the employer, copies of relevant workers'
compensation records, and copies of other records deemed to be
relevant to the Claim. The Committee shall pay the cost of any
medical examinations required by the Committee and for copies of
medical records.
(3) Upon the Committee's receipt of all requested
medical records concerning the Claimant, an independent medical
examination (IME) may be scheduled with an appropriate physician
who will be asked to render an opinion about the Claimant's medical
condition as it relates to the claimed disability.
(4) Upon receipt of the'IME report from the examining
physician, the City Attorney will provide all records of treating
physicians, relevant workers' compensation claims records, the
independent medical evaluation, and all other relevant documents
to the Committee for inclusion in the Claimant's pension file, and
the Committee shall then schedule the initial hearinq.
Section 35.106 TRUST FUND AND TRUSTEE.
(A) For the purpose of this section, a "TRUSTEE" shall mean
the trustee appointed by the city to administer the Trust Fund
created for the purposes of the plan or any other trustee as the
city may designate from time to time.
('80 Code, Sec. 18-166)
(B) A Trust Fund will be created and maintained for the
purpose of the plan, and Trust Fund assets shall tko moneys tkcrccf
· ~:i!! be invested in accordance with investment policies adopted by
the Committee or the trustee, with the Committee's approval. ~h~
~__ ~_..- ~__...-~-~ All contributions will be paid into the Trust Fund,
47
and all plan benefits under the plan will be paid from the Trust
Fund.
('80 Code, Sec. 18-167)
(C) 3my person having any claim under the plan will' look
solely to the assets of the Trust Fund for satisfaction. .In no
event will the city or any of its officials, empl 6yees,
Commissioners, or agents be liable in their individual capacities
to any person whomsoever, under the provisions of the plan or of
the trust agreement.
('80 Code, Sec. 18-168)
(D) 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 ~ entitled to
plan benefits, except to the extent provided in Sec. 35.096 and .
division (E) of this section with respect to expenses of
administration and termination of the plan, respectively·
('80 Code, Sec. 18-169)
48
49
Section 35.107 PJ~RTICIPi%NT'S RIGHTS TN 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.
('80 Code, Sec. 18-133)
Section 35.~08 ~ENDMENT OF PLAN.
(A) The plan may be amended by the city from time to time in
any respect whatever, by ordinance by the Commission specifying
the amendment, subject only to the following limitations:
(1) Under no condition shall the amendment result in or
permit the return or repayment to the city of any property held or
acquired by the trustee hereunder~' or the proceeds thereof~ or
result in or permit the distribution of any property for the
benefit of anyone other than the participants and their
beneficiaries or joint pensioners, except to the extent provided
by Sec. 35.096 and Sec. 35.106(E) of this subchapter with respect
to expenses of administration and termination of the plan,
respectively.
(2) Under no condition shall the amendment change the
duties or responsibilities of the trustee unless the trustee is
qiven advance notice of and an opportunity to comment on the
chanqe, k~roun~cr -~ithout it= -:~ritt~n ccn£ent.
(B) Subject to the foregoing limitations, any amendment may
be made retroactively which, in the judgment of the Commission
Rotircmont Ccm~ittoo, is necessary or advisable provided that the
retroactive amendment does not deprive a participant, witkcut
con=cnt, of the & right to receive plan benefits ~o which the
participant is otherwise entitled, kor~un~cr -~kick havc z!rcz~y
ful~ ...... ~ znd ~ .... ~ ~ ~ ~~;~=~ except for
mc~ific=ticn or amendments that are a~-~k~-~necessary to comply
with any laws or regulations of the United States or the
51
~tate of Florida, or to qualify the plan ~i~ as a tax-exempt plan
and trust.
('80 Code, Sec. 18-97)
Bec~ion 35.109 TEI~IN~TION OF PLAN,.
(A) The plan may be terminated by the city at any time by
delivering to the Committee and trustee in writing an ordinance of
the Commission, duly certified by an official of the city,
specifying that the plan is being terminated or contributions
thereunder are being permanently discontinued. The plan shall
otherwise____..._~"~~'______~ terminate only upon adjudication by a court
of competent jurisdiction that the city is bankrupt or insolvent
(whether the proceedings be voluntary or involuntary), u~cn
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.
('80 Code, Sec. 18-98)
(B) Upon termination of the plan for any reason, or upon
written notice to.the trustee that contributions thereunder are
beinq 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
followinq procedure:
(1) The Retirement Committee, subject to approval of the
Commission, shall determine the date of distribution and the asset
value to be distributed, after taking into account the expenses of
that distribution.
(2) The Committee, subject to approval of the
Commission, shall determine the method of distribution of plan
assets, and shall apportion those assets as follows:
(a) An amount equal to each participant's
contribution less the aqqreqate of any retirement income payments
made to that participant will be determined, and that amount will
be apportioned from the asset value. The asset value, if
insufficient to provide that amount in full, will be apportioned
amonq those participants in proportion to the amounts determined
with respect to them.
~b) Apportionment will next be made with respect
to each retired participant receivin~ a retirement income through
the plan on the plan termination date, each person receiving a
retirement income on that date on account of a deceased part$cimant
or a retired (but since deceased) participant, and each participant
who has, by that date, become eliqible for normal retirement but
52
has not yet retired, in the amount required to provide the
retirement income; provided that, if the asset value is less than
the aggregate of those amounts, the amounts will be proportionately
reduced so that the aggregate of the reduced amounts will be equal
to the asset value.
.(c) If there is any asset value remaining ~after
the apportionment under division (B)(2) (a) and Cb) of this se6tion.
apportionment shall next be made with respect to each participant
or former participant 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, but has not yet begun to receive
retirement income under the plan. Apportionment shall be made to
such participants and former participants in the amount required
to provide the actuarial equivalent of the retirement income
accrued to the plan termination date; provided that, if the
remaining asset value is less than the aggreaate of the amounts to
be apportioned, those amounts shall be proportionately reduced so
that the aggregate of the reduced amounts will be equal to the
remaining asset value.
(d) !.f there is any asset value remainina after
the apportionments under division (B)¢2)(a), (b), or (c) of this
section, apportionment shall next be made with respect to each
participant in the service of the city on that date who is not
entitled to an apportionment under division ¢B)(2) (a), (b), or (c)
of this section, but who has completed at least five (5) years of
credited service, in the amount required to provide the actuariallv
equivalent single-sum value of the vested deferred retirement
income accrued to the date of plan termination. However, if the
remaining asset value is less than the aggregate of the amounts
apportioned, the latter amounts to be shall be proportionately
reduced so that the aggregate of those reduced amounts will be
equal to the remaining asset value.
(e) If there is any asset value remaining after
the apportionments under divisions (B)(2)(a) through (d) of this
section, 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 d~vision ~B)(3)(a),
or (d) of this section, in the amount required to provide the
actuarially equivalent single-sum value of the nonvested deferred
retirement income accrued to the date of plan termination. If the
remaining asset value be less than the aggregate of the amounts to
be apportioned hereunder, those latter amounts shall be proportion-
ately reduced so that the aggregate of the reduced values will be
equal to the remaining asset value.
if) ~n the event that there is asset Va~ue
remaining after the full apportionments specified in divisions
(B) ¢2)(a~ through (e) of this section, and under the provisions of
53
Sec. 35.097(J) of this subchapter, the excess shall be returned to
the city.
(3) The order of priorities for, and the amounts of,
distribution set forth in division ¢B)(2) of this section shall be
subject to the limitations provided by Sec. 35.097(J)~ o~ this
subchapter, and to the distributions not beinq determined to be
otherwise discriminatory by the Internal Revenue Service. ~n the
event either the limitations under Sec. 35.097(J)'> of this
subchapter become-effective or the Internal Revenue Service rules
that the distributions are otherwise discriminatory, adjustment may
be made in the priorities and amounts of distribution as may be
required to satisfy the requirements of Sec. 35.097(J)~of this
subchapter or the Internal Revenue Code.
(4) As soon as practicable after receiDt by the city of
a determination letter from the Internal Revenue Service statinq
that the method of distribution in this section will not adversely
affect the continued qualified status of the plan, the Retirement
Committee shall direct the trustee to distribute, in accordance .
with the manner of distribution determined by the Committee, the
.~mounts apportioned under division (B~ (2~ or (3) of this section,
or as may otherwise be required by law.
('80 Code, Sec. 18-170)
2/218/hhp
54
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: ~ENDA ITEM ~ /~ ~ - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 78-93
DATE: December 5, 1993
This is the second reading of an ordinance amending the Code of
Ordinances with respect to the General Employees Pension Plan.
A detailed summary of the proposed amendment has been prepared by the -
City Attorney's office and is attached as backup material for this
item. Most of the changes are technical in nature or necessary to
clarify existing language.
On first reading I recommended that Paragraph (b) 1, "Death Benefit -
nonservice connected death" be changed to eliminate the $2,500 death
benefit for employees with less than one year service.
The General Employees Retirement Committee unanimously recommended
approval of the amendment.
At first reading on November 23rd, Ordinance No. 78-93 passed with a 5
to 0 vote.
Recommend continuation of Ordinance No. 78-93 until December 14th in
order to allow more time to review ~he change with the IBF&O.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING OF NOVEMBER 23J 19~$
ORDINANCE NO, 78-93
DATE: November 19, 1993
This is the first reading of an ordinance amending the Code of
Ordinances with respect to the General Employees Pension Plan.
A detailed summary of the proposed amendment has been prepared by the
City Attorney's office and is attached as backup material for this
item. Most of the changes are technical in nature or necessary to
clarify existing language.
Please see Page 24, paragraph (b) I, "Death Benefit - nonservice
connected death". I recommend that the $2,500 death benefit for
employees with less than one year service, an existing benefit, be
eliminated. An employee with less than one year of service is not a
participant in the plan; therefore, neither the employee nor the City
has contributed to the plan on the employees behalf. We do provide
life insurance which would pay a death benefit of $15,000 to $30,000
depending on salary level. In my view, this is not an appropriate
pension fund item.
The General Employees Retirement Committee unanimously recommended
approval of the amendment.
Recommend approval of Ordinance No. 78-93 on first reading.
£1TY OF DELl:lAY BEACH
CITY ATTORNEY'S OFFICE ~,~ ~w ~ ~,~. ~^~ ~, ~o~^ ~4~4
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
Date: December 8, 1993
To: City Clerk's Office
From: Susan A. Ruby, City Attorney
Subject: General Employees Retirement Plan Ordinance
Attached please find the corrected and final ordinance
re g .ard.i~ General Employees Retirement Plan.
Attachment
cc: Joseph safford, F±nan¢o Director
Ned Gusty, Human Rosoure~s Diroctor
gerp.sar
RECEIVED
CITY CLERK
[lTV OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
(40'";')
MEMORANDUM
Date: November 2, 1993
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, City Attorney
Subject: General Employees Retirement Plan
Ordinance Amendment
The General Employees Retirement Plan Ordinance Amendment is
attached for your consideration. Also enclosed is a summary of
the changes, most of which are technical in nature or necessary
to clarify language in the existing ordinance.
The most significant changes are highlighted in the summary to
facilitate your review.
By copy of this memorandum, Ordinance No. 78-93 and the
summary of the ordinance to David Harden, City Manager, our
office requests that this ordinance be placed on the City
Commission Agenda for consideration.
Sincerely,
OFF~CE OF ?.E C~ A??OR.E~ ~
C~T~'~DELRAY BEA~. FLORIDA /
BY:~
SA CityAttorney /R:ds ~
cc: Joe Safford, Finance Director
ORDINANCE NO. 78-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING AND RESTATING SECTIONS 35.085 THROUGH 35.109
AS SPECIFICALLY SET FORTH IN THE "AMENDMENT TO CITY OF
DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN"
ATTACHED HERETO AND INCORPORATED HEREIN; AMENDING
SECTION 35.085 TO CHANGE THE TITLE OF THE PLAN TO:
"CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT
PLAN"; REPEALING SECTION 35. 086 "AUTHORIZATION";
AMENDING SECTION 35. 087 "PURPOSE"; AMENDING AND MERGING
SECTION 35. 088, "EFFECTIVE DATE; APPLICABILITY OF
FORMER PLAN", AND SECTION 35. 089, "INTRODUCTION";
CREATING A NEW SECTION 35. 089, "DEFINITIONS"; AMENDING
AND RETITLING SECTION 35. 090, "PARTICIPATION"; AMENDING
AND RETITLING SECTION 35. 091, "VESTING", AND REPEALING
FORMER SECTION 35.091, "SERVICE"; REPEALING SECTION
35.092, "LEAVE OF ABSENCEs"; AMENDING SECTION 35.093,
"CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN";
REPEALING SECTION 35. 094, "ACTUARIAL EQUIVALENCE";
AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT
AND CITY"; AMENDING SECTION 35.09'7, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT"; AMENDING SECTION 35.098,
"SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS";
AMENDING SECTION 35. 099, "PARTICIPANT TO FURNISH
REQUI~TED INFORMATION"; AMENDING SECTION 35. 100,
"BENEFICIARIES; CONTINGENCIES"; AMENDING SECTION
35. 101, "BENEFITS NONASSIGNABLE"; AMENDING SECTION
35.102, "BENEFITS PAYABLE TO MINORS AND INCOMPETENTS";
AMENDING SECTION 35. 103; "ABANDONMENT OF BENEFITS";
AMENDING SECTION 35.105; "ADMINISTRATION BY RETIREMENT
COMMITTEE"; CREATING A NEW SECTION 35.1051, "CLAIMS
PROCEDURE"; AMENDING SECTION 35.106, "TRUST FUND AND
TRUSTEE"; AMENDING SECTION 35. 108, "AMENDMENT OF PLAN";
AMENDING SECTION 35. 109, "TERMINATION OF PLAN";
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE ~
WHEREAS, the City of Delray Beach created a Retirement Plan
for its general employees on January 1, 1965, and said Retirement
Plan has been subsequently amended and restated on numerous
occasions; and
WHEREAS, the General Employees Retirement Committee has
requested certain amendments to the Retirement Plan; and
WHEREAS, the City Commission deems it to be in the best
o
interests of the City and participants of the Retirement Plan to
generally revise, 7update and restate the provisions of the
Retirement Plan in a comprehensive manner;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 35.085, "Title", through
Section 35.109, "Termination of Plan", inclusive, of the Code of .
Ordinances of the City of Delray Beach, Florida, are hereby
amended and restated as set forth in the attached "Amendment to
City of Delray Beach General Employees' Retirement Plan",
consisting of 54 pages, and that S~id "Amendment to City of
Delray Beach General Employees' Retirement Plan" is incorporated
in this ordinance as if fully set forth herein.
Section 2. 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 part thereof other than the part
declared to be invalid.
Section 3. That this ordinance shall take effect as
to all eligible employees who are not included in any certified
bargaining unit, and beneficiaries of such employees, upon
adoption. This ordinance shall take effect as to all eligible
2
employees who are included in any certified bargaining unit, and
beneficiaries of such employees, upon approval by the certified
bargaining agent for 'such employees.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
Attest:
City Clerk
First Reading:
Second Reading:
2/271/hhp
SUMMARY OF PROPOSED AMENDMENT TO
CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN
(10/18/93 Draft)
Section 35.085 (Title) -- Changes title to: "City of Delray
Beach General Employees' Retirement Plan," to more specifically
identify the employees covered by the plan (current title "is:
"Retirement Plan for Employees of the City").
Section 35.086 (Authorization) -- This section is eliminated; the
language is outdated and no longer necessary.
Section 35.087 (Purpose) -- Technical changes only; no change in
substance or intent.
Section 35.088 (Effective Date; Applicability of Former Plan) --
This section is merged with provisions of current Section 35.089
(Introduction). New Division (A) contains technical changes
only, with no change in substance or intent. The current section
heading of Section 35.089, and current Divisions (A) and (B)
under that heading are eliminated. The language in division (A)
is duplicative of other provisions, in the plan regarding the
Retirement Committee (pension boar~) and the Retirement Trust
Fund. Division (B), which incorporates by reference the plan
trust agreement and states that the trust agreement shall form
part of t~ plan, is eliminated. It is not legally necessary or
appropriate~for the trust agreement to be incorporated into the
pension ordinance. All other divisions of this section are
relettered and transferred to Section 35.088. There are several
technical, non-substantive changes in division (E), including a
clarification at the end of the last sentence concerning
supplemental retirement income and minimum benefits. The
clarification reflects the City's practice of extending
retirement cost of living increases and the $400 minimum monthly
benefit to all City retirees, including those who retired under
prior City pension plans.
e~ ? ' . ~ -- Several key words and phrases
~ in different sections of the plan
have been reorganized in a single definitions section. The
substance and intent of the definitions are the same as in the
current plan, except as follows:
1. The definition of~"~e~ited serV~uc~#~t (C) is revised to
include continuous~t~employme~t from most recent date of
hire, with a maximum of 30 years. Ail paid leave, and
unpaid leave up. to 30 days per year, is included in the
revised definition of credited service. Provisions of the
current plan concerning leaves of absence are confusing and
sometimes contradictory (see sections 35.091, 35.092 and
35.093(D) of the current plan).
2. The definition of "employee" is revised to clarify the
exclusion of the City Manager and Assistant City Managers
from the plan, and to reflect that a participant who
retires, begins receiving retirement benefits, and 'is
subsequently re-employed by the City, will not be considered
an "employee"-for pension purposes if he elects to continue
receiving retirement income during the period of subsequent
employment. The City-Attorney (and assistants), and
department heads who elect not to participate in the plan
continue to be excluded from the revised definition of
"employee."
Section 35.090 (Participation) -- The title of this section has
been revised to reflect the transfer of eligibility provisions,
including the definition of "employee," to other sections of the
plan. A number of non-substantive, technical changes have been
made in this section. Additionally, the following substantive
changes have been made:
1. A new division (E) is added, providing that an employee who
retires and begins to receive early or normal retirement
benefits, and who is subsequen~.~y re-employed by the City,
must elect one of the following options:
(a)- The employee may elect to continue receiving retirement
income but not contribute to or accrue additional
~b~nefits under the plan during the period of re-
employment; or
(b) The employee may elect to have retirement income
payments suspended during the period of re-employment,
rejoin the plan as a contributing participant, and earn
additional benefits under the plan. Under this option,
the participant's retirement benefits would be adjusted
to reflect the additional period of employment after
the employment is terminated.
~' ~ ~'~'- ':-- This section replaces the current
~~"service" (the definition of "credited
service" has been transferred to Section 35.089).
The new Section 35.O9i
recommendati~.~.~@~d'.~~'~~~~~e
~/rre~:~e~~'~'~V~o~. Underthe Current plan, a
participant is fUllY '(100%) ~vested after ten years of service.
Under the new vesting schedule, a participant who completes five
years of credited service will have a 50% vested percentage in
2
normal retirement benefits under the plan. With each complete
year of credited service thereafter, the participant will earn
an additional 10% vested percentage until 100% vesting is
attained after ten years of credited service.
Under the new graduated vesting schedule, a participant who
reaches age 60 with five years of credited service may retire
with 50% of the normal retirement income that would be payable
after ten years of service. Although the graduated vesting
schedule will allow participants to retire earlier'and receive
a reduced retirement income, the definition of "normal retirement
date" (age 60 with ten years of credited service) remains
unchanged. Requirements for early retirement (age 55 with 1~
years of service, or 20 years of service regardless of age) and
disability retirement are also unchanged.
Section 35.092 (Leave of Absence) -- This section is eliminated;
relevant provisions have been transferred to the definition of
"credited service" in Section 35.089. '
Section 35.093 (Credited Service for Former Employees and
Employees Who Were Excluded From Participation in the Plan --
Divisions (A), (B) and (D) of this section concerning credited
service are eliminated; relevant provisions have been transferred
to the definition of "credited serviCe'' in Section 35.089. The
remaining portions of this section concerning re-employed
participants and employees who were excluded from participation
in the plan due to being over the then-existing maximum age
provisions,~are carried forward with technical changes only.
Section 35.094 (Actuarial Equivalence) -- This section is
eliminated; pertinent language has been transferred to the
definition of "actuarial equivalence'' in Section 35.089.
Section 35.09S ~Oo~~tiono of Paztie~mm2:'~and City) -- No
change in the substance or intent of this section as previously
interpreted ~nd applied by the City, except that~participant
contribut~_i~~ when the participant attaX~s 30 years
of credi%.~:.:~
Section 35.096 (Expenses of Administration) -- No change.
-- The definitions of "basic compensation" and "final monthly
compensation" have been transferred to Section 35.089, and are
eliminated here. ~'E~e'i~,~~r~Df.~[~~'.'~.5.097 contains
3
technical changes only, with no cha~ges in substance or intent,
except as follows:'
1. At Division (A) (1) (amount of normal retirement income), a
provision has been added concerning participants who ha~e
attained the age of 60 and retire with five or more years
of credited service. This provision is intended to mesh
with the new vesting schedule in Section 35.091.
2. Also at Division (A) (1), the current provision limiting
credited service to a maximum of 30 years is retained.
However, member contributions will cease when a participant
attains 30 years of credited service (see Section 35.095).
New language is added to implement the graduated vesting
schedule.
3. At Division (C) (3) (disqualifying causes of disability)
current language concerning a participant's "excessive and
habitual use of drugs, intoxicants, or narcotics" is changed
to: "excesSive or habitual use..."
4. At Division (C)(5)(a) (monthly disability income payable
prior to normal retirement date), a revised formula for
offsetting workers' compensation wage-loss benefits from
disability retirement income is provided at subparagraph 4.
The new offset formula will bring the plan into compliance
with the Florida Supreme Court"s decision in Barraqan v.
City of Miami, 545 So.2d 252 (Fla. 1989). In Barragan, the
Supreme Court held that a city cannot reduce or offset an
employee's disability pension benefits by the amount of
worker~' compensation wage-loss benefits received by the
employee, except to the extent that the two benefits
together exceed 100% of the employee's average monthly wage
prior.to the injury. The revised workers' compensation
offset formula is identical to the formula in the
police/firefighter pension plan.
5. At Division (C)(7) (recovery from disability), a new
sentence is added to the end of this paragraph providing
that any participant who recovers from disability but is not
re-employed by the City, and who had at least 5 years of
credited service at the time City employment was terminated
due to the disability, shall be entitled to vested deferred
retirement income calculated in the same manner as a
participant whose City employment is terminated after 5
years of service.
-6. At Division (D) (benefits other than on retirement),
paragraph (1) (a) is revised to provide a deferred retirement
benefit for participants whose City employment is terminated
after 5 years of service. Under the current plan, a
participant must have at least 10 years of service to be
4
eligible for a deferred benefit. The revised provision is
intended to mesh with the graduated vesting schedule in
Section 35.091.
7. Also at Division (D)(1) (a), a provision is added ~giving
participants who terminate City employment with more than
5 years of service to withdraw their participant
contributions without interest, in lieu of receiving any
other plan benefits. With this provision, a participant who
terminates City employment after 5 years of service will be
able to elect either to receive a deferred retirement income
commencing at age 60, or an immediate withdrawal of
participant contributions without interest. The election
to withdraw participant contributions is irrevocable, and
a participant is not thereafter entitled to any credited
service for the period of City employment relevant to the
contributions withdrawn.
8. At Division (D) (1)(f), a new paragraph is added providing
that any participant who terminates City employment and is
subsequently re-employed by the City in a position eligible
for participation in the plan will be treated as a new
participant in all respects, except as otherwise provided
in Division (D) (a terminated participant who does not
withdraw participant contributions upon termination of
employment and is later re-emp!~yed by the City retains the
prior credited service, and earns additional credited
service during the period of re-employment), and Section
35.093(C) (eligible employees who were previously excluded
from_plan participation due to being over the then-existing
maximu~ allowable age at hire, who buy back the time during
which they were excluded).
9. At Division (D)(2) (benefit payable in the event of
participating employee's death on or before the normal
retirement date), the lump sum, service-connected death
benefit payable to the participant's spouse is increased
from $5,000 to $10,000. This increase was recommended by
the pension board.
10. At Division (D)(2)(b) (death benefit -- nonservice-connected
death), the lump sum benefit payable to the spouse of a
deceased participant with 5 or more years of service is
increased from $5,000 to $10,000.
11. At Division (E) (optional forms of retirement income),
paragraph (2) is rewritten to provide that a participant may
change the designation of a joint pensioner or beneficiary
after the commencement of retirement benefits, subject to
the pension board's approval, if the participant pays the
full cost of determining the equivalent actuarial value of
5
the benefit payable, and the amount of retirement income
payable to the participant is actuarially redetermined.
12. At Division (H) (termination of City employment for
dishonesty), a provision concerning notice of termination
for dishonesty from the City Commission is eliminated.. A
provision is added authorizing the pension board or the CitY
Manager to conduct an investigation concerning alleged
dishonest conduct. A participant's interest and benefits
under the plan cannot be terminated unless there has been
a full investigation of_the alleged dishonest conduct and
the participant has had an opportunity to appear before the
pension board to present testimony and evidence.
Section 35.098. (SuD~lement&l Retirement Xnoome an4 Minimum
Benefits).-- The 5% increase in retirement benefits to employees
and beneficiaries of employees who retired prior to January 1,
1991 (Ordinance No. 65-92) is clarified to state that the
increase applies to those employees and beneficiaries who were
receiving benefits under the plan prior to January 1, 1991.
Ordinance No. 65-92 was apparently intended to apply only to
those employees who had retired and were actually receiving
benefits prior to January 1, 1991~and their beneficiaries, and
not to employees who had terminated their City employment but had
not yet begun to receive pension benefits prior to that date.
This section is also modified to provide that the minimum monthly
retirement income ($400 per month) is applicable to designated
beneficiaries of participants, as well as employees and
participant's. Again, this was apparently the intent of Ordinance
No. 65-92.
Section 35.099 CPart/alo~nt to Furnish Reauirement 2n~ozle~on)
-- Division (B) is revised to provide that the pension board may
defer action on a participant's request for retirement benefits
if the participant does not submit proof of age as required by
the board, or the board may rely on other available information
to determine the participant's age.
Section 35.100 (Beneficiaries; Contingencies) -- Technical
changes only; no change in substance or intent.
Section 35.101 (Benefits Nonassiqnable) -- Technical changes
only; no change in substance or intent.
Section 35.~02 (Benefits Payable to Minors and Incompetents) --
Division (A) is amended to eliminate the pension board's
authority to determine whether a participant/beneficiary is
"unable to preserve his estate for his own best interest." The
phrase "legally incompetent" is substituted for the current
language. The pension board is authorized to direct all or a
portion of payments due to a minor or legally incompetent person
to the parent, lawfully appointed legal guardian, or legal
representative of ~he person entitled to plan benefits.
Section 35.103 (Abandonment of Benefits) -- This section is
amended to provide that if the pension board is in doubt as to
whether retirement income payments are actually being received
by the person entitled to them, it may notify the person that all
future retirement income payments will be withheld until the
person provides evidence of continued life and/or correct mailing
address. Further, the section is revised to provide that a
participant's right to receive retirement income may be canceled
forever if the participant does not respond or otherwise contact
the pension board within three years following the date payments
are withheld. Division (B) (3), concerning benefits payable to
a participant's beneficiary upon the participant's death, is
eliminated. This provision duplicates language in other sections
of the plan.
Section 35.104 (Conditions of Employment Not Affected by Plan)
-- No change.
Section 35.105 (Administration by Retirement Committee) -- This
section is revised to eliminate references to a "corporate
trustee." The composition of the Retirement Committee (pension
board) is unchanged, except for the elimination of a corporate
trustee. The pension board consists of a "chairperson and at
least one but not more than four additional members" appointed
by the City Commission.
Division (C) is revised to require that pension board, meetings
be noticed and open to the public. Meetings shall be conducted
in accordance with rules adopted by the pension board, or by
Roberts Rules of Order if the pension board has not adopted
rules. Official pension board action shall be taken by majority
vote of a quorum of the board.
Division (D) is amended to provide that the pension board may
delegate administrative, clerical, professional and other plan-
related functions as the board deems necessary and prudent.
Division (F) is revised to provide that a pension board member
shall not be held liable for actions taken in good faith, or
7
actions taken by other members of the board. Pension board
members are entitled to rely on the advice of professional
consultants and advisers employed or retained by the City,
including but not limited to attorneys, accountants, investment
advisors and actuaries. At paragraph 2, references to ~he
"Commission" are changed to the "City."
Section 35.1051 (c~aims Procedure) -- This is a new section which
provides a detailed initial hearing and full hearing procedure
for any person whose substantial rights are affected by a
decision of the Pension Committee.
Section 35.106 (Trust Fund and Trustee) -- Technical changes only
to Divisions (A) through (D). Provisions of Division (E),
concerning plan termination, are transferred to Section 35.109.
Section 35.107 (Participant's Riqhts in Trust Fund) -- No change.
Section 35.108 (~men4ment of Plan).-- The City Commission retains
its authority to amend the pension plan. Paragraph (A) (2) is
amended to provide that no amendment shall change the duties or
responsibilities of the trustee unless the trustee is given
advance notice of and an opportunity to comment on the change.
Division (B) provides for retroactive plan amendments, when such
amendments are deemed necessary or advisable by the City
Commission. However, a retroactive amendment cannot deprive a
participan~t~of the right to receive plan benefits to which he/she
is otherwise entitled, except for amendments that are necessary
to comply with federal or state law or to qualify the plan as a
tax-exempt plan.
Section 35.109 (Termination of Plan) -- Relevant provisions
concerning the termination of the plan and distribution of trust
fund assets have been transferred from Section 35.106.
2/228b/hhp
8
[IT¥ JIF [IELRII¥ BEII[H
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1993
MEMORANDUM
TO: Joseph M. Safford, Director of Finance
FROM: David T. Harden, City Man'ager .//~/
SUBJECT: GENERAL EMPLOYEES PENSION ORDINANCE
DATE: October 26, 1993
Please take the lead to ensure that the revised General
Employees Pension Ordinance goes through the four steps outlined
in Jim Linn's letter of October 18th. At the appropriate time
after the preparatory steps have been taken, please forward the
amendment to the City Clerk to have it placed on a City
Commission agenda.
DTH:mld
c: Ned Gusty
City Clerk
' RECEIVED
/a /~ '7 /?.fl. .
CITY CLERK
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
i:]T DF DELRI:I¥
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: October 25, 1993
TO: David Harden, City Manager
Ned Gusty, Interim Director of Human Resources
Joseph Safford, Director of Finance
FROM: Susan A. Ruby, City Attorney
SUBJECT: General Employees Pension Ordinance
Enclosed please find the proposed amendment to the City of
Delray Beach General Employees Retirement Plan, a summary, and
a letter to me from Carson and Linn. Please review the
materials for any final changes.
Please ensure that the four steps outlined on Page 2 of Jim
Linn's letter are implemented prior to City Commission action.
Call if you have any questions.
SAR: ci
Enclosure
pension5, sar
CARSON, LINN & ADKINS
LI~ONAI~D A. CARSON LAW~YERS MAHAN STATION
JAMES W. LINN 1711- Dbl&HA/~ DRIVE
C. ADKII~S
LUCILLE E. TURNER TALLAHASSEE, FLORIDA 3~308
ROSA H. CARSON (904) 878-2057
FACSIMILE (904) 677-1000
October 18, 1993
Susan A. Ruby, city Attorney
City of Delray Beach
200 N.W. First Avenue
Delray Beach, Florida 33444
Re: General Pension Plan Revision
Dear Susan:
Enclosed is a further revised draft of the proposed
amendment to the City's General Employees' Retirement Plan,
containing the additional changes we discussed with the City
Manager, Finance Director and Personnel Director. Also enclosed
is a summary of the amendment reflecting the revisions. The
enclosed amendment revises the June 30, 1993 draft in the
following areas:
1. At page 3 (Section 35.089(C)), the definition of
"credited~'~ervice'' is revised to include continuous City
Employment from the employee's most recent date of hire to the
date of termination of City employment up to a maximum of 30
years. All periods of paid leave, and unpaid leave of up to 30
days in any calendar year, are included in credited service.
2. At page 12 (Section 35.095(3)(d)), the plan is amended
to provide that participant contributions shall cease once the
participant attains 30 years of credited service under the plan.
3. At page 18 (Section 35.097(C)(5)(a)4), the reduction
in disability retirement income for workers' compensation
benefits is revised to specify ',wage-loss" workers' compensation
benefits.
4. At page 25 (Section 35.097(D)(2)(b)), the monthly death
benefits payable to the spouse of a participant with 5 or more
years of credited service are unchanged from the current
ordinance.
5. At page 40 (Section 35.105(A)), the composition of the
Retirement Committee is revised to consist of a chairperson and
four additional members appointed by the City Commission.
Susan A. Ruby, city Attorney Page Two
October 18, 1993
6. At page 42 (Section 35.1051), a new section is added
providing a detailed hearing procedure for persons whose
substantial rights are affected by a decision of the Retirement
"Committee.
Before the proposed amendment is submitted to the City
Commission, the following actions should be taken:
1. The amendment should be submitted to the plan actuary
(Steve Palmquist) for his review and comment.
2. The amendment should be reviewed by the Retirement
Committee.
3. The amendment should be transmitted to the IBF&O for
its review. Based on our previous discussions, it is my
understanding that the City desires to move forward and adopt the
amendment for non-bargaining unit employees, and implement it as
to bargaining unit members once the union has signed off on it.
This can be accomplished through the wording of the covering
ordinance which will incorporate and be attached to the
amendment.
4. Prior to the final City Commission hearing on the
ordinance amendment, a copy will need to be submitted to the
Division o~ Retirement together with an actuarial impact
statement.
Please let me know if you have any questions concerning the
enclosed ordinance amendment or the procedures to be followed.
With best personal regards, I am
Sincerely,
CARSON, LINN & ADKINS
~~~ ~. Linn
JWL/hhp
Enclosure
cc (with enclosure):
David Harden, City Manager
Joe Safford, Finance Director
Ned Gusty, Director of Human Relations
CARSON, LINN & ADKINS
LAW~'ERS
SUMMARY OF PROPOSED AMENDMENT TO
CITY OF DELRAY BEACH GENERAL EMPLOYEESt RETIREMENT PLAN
(10/18/93 Draft)
Section 35.085 (Title) -- Changes title to: "City of Delray
Beach General Employees' Retirement Plan," to more specifically
identify the employees covered by the plan (current title is:
"Retirement Plan for Employees of the City").
Section 35.086 (Authorization) -- This section is eliminated; the
language is outdated and no longer necessary.
Section 35.087 (Purpose) -- Technical changes only; no change in
substance or intent.
Section 35.088 (Effective Date; Applicability of Former Plan) --
This section is merged with provisions of current Section 35.089
(Introduction). New Division (A) contains technical changes
only, with no change in substance or intent. The current section
heading of Section 35.089, and current Divisions (A) and (B)
under that heading are eliminated. The language in division (A)
is duplicative of other provisions in the plan regarding the
Retirement Committee (pension board) and the Retirement Trust
Fund. Division (B), which incorporates by reference the plan
trust agreement and states that the trust agreement shall form
part of th.~plan, is' eliminated. It is not legally necessary or
appropriate~for the trust agreement to be incorporated into the
pension ordinance. Ail other divisions of this section are
relettered and transferred to Section 35.088. There are several
technical, non-substantive changes in division (E), including a
clarification at the end of the last sentence concerning
supplemental retirement income and minimum benefits. The
clarification reflects the City's practice of extending
retirement cost of living increases and the $400 minimum monthly
benefit to all City retirees, including those who retired under
prior City pension plans.
Section 35.089 (Definitions) --'Several key words and phrases
that were previously defined in different sections of the plan
have been reorganized in a single definitions section. The
substance and intent of the definitions are the same as in the
current plan, except as follows:
1. The definition of "credited service" at (C) is revised to
include continuous City employment from most recent date of
hire, with a maximum of 30 years. All paid leave, and
unpaid leave up to 30 days per year, is included in the
revised definition of credited service. Provisions of the
current plan concerning leaves of absence are confusing and
sometimes contradictory (see sections 35.091, 35.092 and
35.093(D) of the current plan).
2. The definition of "employee" is revised to clarify the
exclusion of the City Manager and Assistant City Managers
from the plan, and to reflect that a participant who
retires, begins receiving retirement benefits, and is
subsequently re-employed by the City, will not be considered
an "employee" for pension purposes if he elects to continue
receiving retirement income during the period of subsequent
employment. The City Attorney (an~ assistants), and
department heads who elect not to participate in the plan
continue to be excluded from the revised definition of
"employee."
Section 35.090 (ParticiDation) -- The title of this section has
been revised to reflect the transfer of eligibility provisions,
including the definition of "employee.," to other sections of the
plan. A number of non-substantive, technical changes have been
made in this section. Additionally, the following substantive
changes have been made:
1. A new division (E) is added, providing that an employee who
retires and begins to receive early or normal retirement
benefits, and who is subsequently re-employed by the city,
must elect one of the following options:
(a) The employee may elect to continue receiving retirement
enCOme but not contribute to or accrue additional
efits under the plan during the period of re-
employment; or
(b) The employee may elect to have retirement income
payments suspended during the period of re-employment,
rejoin the plan as a contributing participant, and earn
additional benefits under the plan. Under this option,
the participant's retirement benefits would be adjusted
to reflect the additional period of employment after
the employment is terminated.
Section 35.091 (Vesting) -- This section replaces the current
Section 35.091 concerning "service" (the definition of "credited
service" has been transferred to Section 35.089).
The new Section 35.091 implements the pension board's
recommendations for a graduated vesting schedule, to replace the
current ten year vesting provision. Under the current plan, a
participant is fully (100%) vested after ten years of service.
Under the new vesting schedule, a participant who completes five
years of credited service will have a 50% vested percentage in
2
normal retirement benefits under the plan. With each complete
year of credited service thereafter, the participant will earn
an additional 10% vested percentage until 100% vesting is
attained after ten years of credited service.
Under the new graduated vesting schedule, a participant who
reaches age 60 with five years of credited service may retire
with 50% of the normal retirement income that would be payable
after ten years of service. Although the graduated vesting
schedule will allow participants to retire earlier and receive
a reduced retirement income, the definition df "normal retirement
date" (age 60 with ten years of credited service) remains
unchanged. Requirements for early retirement (age 55 with 15
years of service, or 20 years of service regardless of age) and
disability retirement are also unchanged.
Section 35.092 (Leave of Absence) -- This section is eliminated;
relevant provisions have been transferred to the definition of
"credited service" in Section 35.089.
Section 35.093 (Credited Service for Former Employees and
Employees Who Were Excluded From Participation in the Plan --
Divisions (A), (B) and (D) of this section concerning credited
service are eliminated; relevant provisions have been transferred
to the definition of "credited service" in Section 35.089. The
remaining portions of this section concerning re-employed
participants and employees who were excluded from participation
in the pl~ due to being over the then-existing maximum age
provisions, are carried forward with technical changes only.
Section 35.094 (&ctuarial Equivalence) -- This section is
eliminated; pertinent language has been transferred to the
definition of "actuarial equivalence" in Section 35.089.
Section 35.095 (Contributions of Participant and City) -- No
change in the substance or intent of this section as previously
interpreted and applied by the City, except that participant
contributions will cease when the participant attains 30 years
of credited service.
Section 35.096 (Expenses of Administration) -- No change.
Section 35.097 (Retirement Income; Basis, Amount, and Payment}
-- The definitions of "basic compensation" and "final monthly
compensation" have been transferred to Section 35.089, and are
eliminated here. The remainder of Section 35.097 contains
3
technical changes only, with no changes in substance or intent,
except as follows:
1. At Division (A)(1) (amount of normal retirement income), a
provision has been added concerning participants who have
attained the age of 60 and retire with five or more years
of credited service. This provision is intended to mesh
with the new vesting schedule in Section 35.091.
2. Also at Division (A)(1), the current provision limiting
credited service to a maximum of 30 'years is retained.
However, member contributions will cease when a participant
attains 30 years of credited service (see Section 35.095).
New language is added to implement the graduated vesting
schedule.
3. At Division (C) (3) (disqualifying causes of disability)
current language concerning a participant's "excessive and
habitual use of drugs, intoxicants, or narcotics" is changed
to: "excessive or habitual use..."
4. At Division (C)(5)(a) (monthly disability income payable
prior to normal retirement date), a revised formula for
offsetting workers' compensation wage-loss benefits from
disability retirement income is provided at subparagraph 4.
The new offset formula will bring the plan into compliance
with the Florida Supreme Court's decision in Barraqan v.
City of Miami, 545 So.2d 252 (Fla. 1989). In Barraqan, the
Supreme Court held that a city cannot reduce or offset an
employee's disability pension benefits by the amount of
workersTM compensation wage-loss benefits received by the
employee, except to the extent that the two benefits
together exceed 100% of the employee's average monthly wage
prior to the injury. The revised workers' compensation
offset formula is identical to the formula in the
police/firefighter pension plan.
5. At Division (C)(7) (recovery from disability), a new
sentence is added to the end of this paragraph providing
that any participant who recovers from disability but is not
re-employed by the City, and who had at least 5 years o'f
credited service at the time .City employment was terminated
due to the disability, shall be entitled to vested deferred
retirement income calculated in the same manner as a
participant whose City employment is terminated after 5
years of service.
6. At Division (D) (benefits other than on retirement),
paragraph (1)(a) is revised to provide a deferred retirement
benefit for participants whose City employment is terminated
after 5 years of service. Under the current plan, a
participant must have at least 10 years of service to be
4
eligible for a deferred benefit. The revised provision is
intended to mesh with the graduated vesting schedule in
Section 35.091.
7. Also at Division (D)(1)(a), a provision is added giving
participants who terminate City employment with more than
5 years of service to withdraw their participant
contributions without interest, in lieu of receiving any
other plan benefits. With this provision, a participant who
terminates City employment after 5 years of service will be
able to elect either to receive a deferred retirement income
commencing at age 60, or an immediate withdrawal of
participant contributions without interest. The election
to withdraw participant contributions is irrevocable, and
a participant is not thereafter entitled to any credited
service for the period of City employment relevant to the
contributions withdrawn.
8. At Division (D) (1) (f), a new paragraph is added providing
that any participant who terminates City employment and is
subsequently re-employed by the City in a position eligible
for participation, in the plan will be treated as a new
participant in all respects, except as otherwise provided
in Division (D) (a terminated participant who does not
withdraw participant contributions upon termination of
employment and is later re-employed by the City retains the
prior credited service, and earns additional credited
service during the period of re-employment), and Section
35.093(C) (eligible employees who were previously excluded
from~lan participation due to being over the then-existing
maximu~ allowable age at hire, who buy back the time during
which they were excluded).
9. At Division (D)(2) (benefit payable in the event of
participating employee's death on or before the normal
retirement date), the lump sum, service-connected death
benefit payable to the participant's spouse is increased
from $5,000 to $10,000. This increase was recommended by
the pension board.
10. At Division (D) (2) (b) (death benefit ~nonservice-connected
death), the lump sum benefit payable to the spouse of a
deceased participant with 5 or more years of service is
increased from $5,000 to $10,000.
11. At Division (E) (optional forms of retirement income),
paragraph (2) is rewritten to provide that a participant may
change the designation of a joint pensioner or beneficiary
after the commencement of retirement benefits, subject to
the pension board's approval, if the participant pays the
full cost of determining the equivalent actuarial value of
5
the benefit payable, and the amount of retirement income
payable to the participant is actuarially redetermined.
12. At Division (H) (termination of City employment for
dishonesty), a provision concerning notice of termination
for dishonesty from the City Commission is eliminated. A
provision is added authorizing the pension board or the City
Manager to conduct an investigation concerning alleged
dishonest conduct. A participant's interest and benefits
under the plan cannot be terminated unless there has been
a full investigation of the alleged di'shonest conduct and
the participant has had an opportunity to appear before the
pension board to present testimony and evidence.
Section 35.098 (Supplemental Retirement Income and Minimum
Benefits) -- The 5% increase in retirement benefits to employees
and beneficiaries of employees who retired prior to January 1,
1991 (Ordinance No. 65-92) is clarified to state that the
increase applies to those employees and beneficiaries who were
receiving benefits under the plan prior to January 1, 1991.
Ordinance No. 65-92 was apparently intended to apply only to
those employees who had retired and were actually receiving
benefits prior to January 1, 199~and their beneficiaries, and
not to employees who had terminated their City employment but had
not yet begun to receive pension benefits prior to that date.
This section is also modified to provide that the minimum monthly
retirement income ($400 per month) is applicable to designated
beneficiar~s of participants, as well as employees and
participants~ Again, this was apparently the intent of Ordinance
No. 65-92.
Section 35.099 (Participant to Furnish Requirement Information)
-- Division (B) is revised to provide that the pension board may
defer action on a participant's request for retirement benefits
if the participant does not submit proof of age as required by
the board, or the board may rely on other available information
to determine the participant's age.
Section 35.100 (Beneficiaries; 'Continqencies) -- Technical
changes only; no change in substance or intent.
Section 35.101 (Benefits Nonassiqnable) -- Technical changes
only; no change in substance or intent.
Section 35.102 (Benefits Payable to Minors and ~ncompetents) --
Division (A) is amended to eliminate the pension board's
authority to determine whether a participant/beneficiary is
"unable to preserve his estate for his own best interest." The
phrase "legally incompetent" is substituted for the current
language. The pension board is authorized to direct all or a
portion of payments due to a minor or legally incompetent person
to the parent, lawfully appointed legal guardian, or legal
representative of the person entitled to plan benefits.
$
Section 35.103 (Abandonment of Benefits) -- This section is
amended to provide that if the pension board is in doubt as to
whether retirement income payments are actually being received
by the person entitled to them, it may notify the person that all
future retirement income payments will be withheld until the
person provides evidence of continued life and/or correct mailing
address. Further, the section is revised to provide that a
participant's right to receive retirement income may be canceled
forever if the participant does not respond or otherwise contact
the pension board within three years following the date payments
are withheld. Division (B) (3), concerning benefits payable to
a participant's beneficiary upon the participant's death, is
eliminated. This provision duplicates language in other sections
of the plan.
Section 35.104 (Conditions of Employment Not Affected by Plan)
-- No change.
Section 35.105 (Administration by Retirement Committee) -- This
section is revised to eliminate references to a "corporate
trustee." The composition of the Retirement Committee (pension
board) is unchanged, except for the elimination of a corporate
trustee. The pension board consists of a "chairperson and at
least one but not more than four additional members" appointed
by the City Commission.
Division (C) is revised to require that pension board meetings
be noticed and open to the public. Meetings shall be conducted
in accordance with rules adopted by the pension board, or by
Roberts Rules of Order if the pension board has not adopted
rules. Official pension board action shall be taken by majority
vote of a quorum of the board.
Division (D) is amended to provide that the pension board may
delegate administrative, clerical, professional and other plan-
related functions as the board deems necessary and prudent.
Division (F) is revised to provide that a pension board member
shall not be held liable for actions taken in good faith, or
7
actions taken by other members of the board. Pension board
members are entitled to rely on the advice of professional
consultants and advisers employed or retained by the City,
including but not limited to attorneys, accountants, investment
advisors and actuaries. At paragraph 2, references to the
"Commission" are changed to the "City."
Section 35.1051 (Claims Procedure) -- This is a new section which
provides a detailed initial hearing and full hearing procedure
for any person whose substantial rights ,are affected by a
decision of the Pension Committee.
Section 35.106 (Trust Fund and Trustee) -- Technical changes only
to Divisions (A) through (D). Provisions of Division (E),
concerning plan termination, are transferred to Section 35.109.
Section 35. 107 (Participant,s Rights in Trust Fund) -- No change.
Section 35.108 (Amendment of Plan) -- The City Commission retains
its authority to amend the pension plan. Paragraph (A)(2) is
amended to provide that no amendment shall change the duties or
responsibilities of the trustee unless the trustee is given
advance notice of and an opportunity to comment on the change.
Division (B) provides for retroactive plan amendments, when such
amendments are deemed necessary or advisable by the City
Commission. However, a retroactive amendment cannot deprive a
participan~t~of the right to receive plan benefits to which he/she
is otherwise entitled, except for amendments that are necessary
to comply with federal or state law or to qualify the plan as a
tax-exempt plan.
Section 35.109 (Termination of Plan} -- Relevant provisions
concerning the termination of the plan and distribution of trust
fund assets have been transferred from Section 35.106.
2/228b/hhp
8
ClES AND ~ENEFITS',
~RETIREMENT PLAN', OF THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORI.
DA, BY AMENDING AND RESTAT-
ING SECTIONS 35.1~5 THROUOH
1~.~09 AS SPEC~FI~LLY SET
FORTH ~N T~E ~EN~ENT TO
C~TY ~ DELRAY ~EACH GENER-
AL EMPLOYEES~ RETIREMENT
P~N' ATTACHED HERETO AND
INC~RA~ED HEREIN
I~G SECT d~,~ TO CHANGE
THE T~TLE OF TEH P~A~ TO:
· {TY OF DELRAY ~EACH GE~ER-
A~ EM~OYEES' RETIREMENT
PLA~; REPEALING SECTION
"AUTHOR~TIO~; ~NDING
SECTION ~,~
~ENDI~ AND MERG{~ SEC-
TI~ ~.~, ~FFECT~VE DATE;
APPlICAbilITY OF FORMER
P~, AND SECT}~
~NTRO~CTIO~; ~EAT~NG
NEW SECTION
'DEFINIT~S~; ~ND~NG AND
RETITLING SECTION
· ARTIO PATION~; ~ENDING AND
RET{TLING~ECTIO~
~EST~, AND REPEALfHG
FORMER SECT~ ~.~1,
~ERV)C~; REPE~I~ SECTION
~.~ ~VE ~ ABSENCe:
~END~NG ~CTION ~.~3,
· RE~TED ~RV~E FOR
FOR~R EMP~Y~ A~D
PL~EES ~ ~RE EXCLUDED
E~V~
AMEND-
ING 5ECT~(~N
'I~ENEF~CIARIF~, CONTINGEH.
C~ESm; ~G SECTION
'BEflEFJT$NONASSIGflABLE';
AMENDING SECTION '
'BE~FITS PAYABLE, TO ~NORS
A~ )~PETENT$~; ~E~D~NG
SECT~ ~,~;
OF 8ENEFtTS'; AMEND~HG SEC*
T}ON ~.1~; 'A~)NISTRAT)OH
RETIREMENT CO~ITTEE';
AT~NG A NEW SECTION 35.10~1,
~AI~ PR~EDURE': AMEN~
~NG SECTION 35.1~, 'TRUST FUND
AND;TRUSTEE'; ~EHD~NG SEC-
T;ON ~, 'AMENDMENT OF
PLA~: AMEnDiNG SECTION 3;.;~,
· ~ERMiNAT)ON OF P~N';
· ViDIHG A ~V)NGS CLAUSE: PRO-
VID;~ AN EFFECTfVE OATE.
~R~CT MAP, ~ ~
~), ~ ~ ~ 7, ~ P~N ~T~ tN THE GE~ RE~ER ~, A
~ ~ N,W, ~ ~ ~ PARCEL ~ ~O ~ ~E PAR* TIVE ~T~
~~C~ TI~Ly ~1~ HER~H
~~i~ ~NTIAL IN PA~T ~0
~ (J~ Hall )~ N.W. 1~ ~ ~ AL; ~10 ~ IS L~TED AT AN ORDINATE OF THE CITY
BEACH. FLORIDA.
.... P~.. ~y ~ Fr~. ~ S.E. ~H STREET; PROV~IgG FOR CHAPTER ~. ~MPLOYEE
~. NI i~ ~ ~ i~ EX~PTI~ FR~ THE TRAN~ CJE~ AND
~ ~ aff~ ~ ~ ~a wi~ r~ MITTAL~N~RC PR~ESS; ~ ~ETIR~ENT P~. ~ THE
~.t ~All ~ v I ~L~At IILILI I . ~ll v tt~ till IIL4~ II ~~i~B. VIDING A ~NER~ REPEALER CODE ~ ORDINANCES OF THE
C~USE; A ~VING C~USE; AND CITY OF ~LRAY BEACH.
~~ AN EFFE~IVE ~TE. . DA. BY ~ENDI~ ANO ~ESTAT-
lNG SECTIONS ~.~ THROUGH
AN ORDINANCE OF THE CITY C~ ~ ~ ~ ~.1~ ~ SPECIFICALLY SET
Ml~t~ OF THE CiTY OF ~L~Y FORTH IN THE '~EN~ENT TO
Published
Daily .~c., ;LO.I~, ~END,~ AN O.DINANCE O~ THE CITY CO~ CITY OF DEL"AY ~EAC"
CHAPTER 4, ~ONING ~EGU~ MISSION OF THE CiTY OF DEL~AY AL EMPLOYEES' ~ETI~EMEHT
"-J~on~y'----m~ouB. ~u~d~y TION~, SECTION ~,11 BEACH, FLORIDA, CORRE~ING P~ ATTACHED HERETO AND
'NEIGH~R~D C~ERCIAL THE ZONING C~IFICATION FOR INC~RATED HEREIN;
fioc~
VELOPMENT REGU~TIONS OF TICU~RLY DESCRIBED HEREI~, THE TITLE OF TEH P~N
Delray Beach, Palm Beach County, Florida ,,~ co~ 0F ORDiNA.CE$ 0F , ~,~ ~ (GENE,AL ,C~E"- ~ITY OF DE,RAY BEAt, GE"E".
THE CITY ~ OELRAY ~[ACN, CIAL) D~STRICT TO N( AL E~LOYEE$' RETIrEmEnT
TION 4.4,11[D), ~ONOITIONAL USES DISTRICT; ~tO ~ND ~EtNG L~ "AUTHORI~TION': ~ENDING
AND STRUCTURES ALLOWEd, TO 3TED AT THE LE. CORNER ~ S. SECTION ~.~
PR~IOE FOR THE DtSP~Y AND FEDERAL HIGHWAY AND S.E. ~H ~ENDI~ AND MERGI~ SEC-
J~ O~ ~O~Z~ ~ ~ ~w~ ~ue.~uat~ ST.ET; A.O ~.ECT~.O T~O. ~m. ~eCT~VE OAT~:
~YG~gO E~I~NT~ ~l~ ~P ~ ~L~Y BEACH. APPLI~ILITY OF
CONOITI~L USE; TO ~LE~I GENERAL REPEALER C~USE, A 'INTRO~CTiON'; CREATING
THE ~1~ OF G~I~E ~V~NG C~U~. AND AN EFFEC- NEW SECTION ~.~,
~efore the undersigned authority personally C~,~"EC'L' ,0 US~;' v~.,~O ~L.~ ~ '" ~,v~ o*,~. .*,,,,.o~''"'T'O"S'~ S.,~e'"G ~,
~------~ppu~'uu Michelle D..~w.~~-r--'''-'~, .v~ ~.~m~~'-r'--"-~ v~.,... ~.,c~s.s .c~ ~~ ...,c,P..,o.:~..,.~
DITI~AL USE; BY ~ENDI~ L RETITLING SECTI~ 3S~1,
S~CT~ ~1~),; AN ORD]~E OF THE C~ C~ ~E~TING',AND REPEALING
~e~uice~
o~
~e
~1~ ~R A ~Xl~ FL~ ~CH, FLORI~ CHA~i~ THE ~ERVIC~; RE~LI~ SECTION
~apers published in Boca Raton in Palm A., ~ s,.~L~ ,~.~ ~ C,~ ~ ~.., ~C. ~.0 ~ ~Uv~ ~
, Flee ~ ~ERViCE U~$ ~0 &l~ USE ~. ~T~ I~ ~ ~ENOI~ ~ECTIO~ ~.~,
~each County, Florida; that the attached GL~.,~,~E~m,~ C~E.S,U ~. '~ ' ~.~,T~ ~.v,cE
~opy Of advertisement was published in said .~A~. c~us~. A.o A. ~ ~L.~.,....~,.'"~ ac.., ~ ~. ~xcLu~
FE(TIVEOATE.' ~1~ ~E~I~ ~ESI~TIAL F~ P~TlClPATI~ iN THE
~ewspapers in the issues of: ~.~ ~ u,~ ,s L~.~.. ,~ ~ ~,.,.~
AN~DINANCE OF T~CITY ~ ~ C~ER ~ CE~ LE~; ~NDI~ SECTI~
T~ ~ AT ZE~R AVE. ~ ~RISUT~S OF PAR-
~IU~TKCITY~Y .~ NUE; ~GN ~ EX~
T~IPANT ~D CI~: ~NDIK
CITY ~ DELRAY ~ ~D~~ T~ ~ ~1~ C~E; ~1~ ~,~D
- - ' USE P~N ~SI~T~ iN T~ t~ & GE~ ' ~ MEN~; ~ENDI~G~ECT/ON
~UP~ENTAL RETIREMENT
(~DI~I~TI~; ~ AN EF~I~ I~C~E AND MIMIMUM 8ENE*
~ID ~0 IS ~TEO'~ ~E ~~ ~AR~IPANT TO FURNISH ~E*
AP~TELY ~ ~L ~ ~ AN ~E M ~ CI~ ~ ~ INF~TIO~; ~EN~
~ ~ ~ ~ MI~.~ ~ ~ ~ ~Y I~ SECTION ~ ~.
VI~ ~ EX~ F~ B~.~ F~ ~KT~ ~ENEFIOARIES; CONT~NGEN-
CI~; ~ENDING SECTION ~.1GI.
TflET~I~~ : THE~IH~FI~T~ ~ENEFITS NONAS$IGNABLE':
Lffiant further says that The News is a ~ ~; A ~ : TIC~Y~I~I~ ~ITSPAYAeLETO~,.ORS
~ewspaper published in Boca Ra~on, m said DA~: ;- ~ ~NTi~~~.~; ~ ANO t~OM~ENTS', ~ENDING
(C . ~" ?~ SECTION ~.~; 'ASAN~MENT
p~~.~:] ~ BENEF,TS'; ,ENDI~ SEC.
)aim Beaoh County, Florida, Monday ~~ j TI~}; ~ ~ ~.~'~ TION ~.1~; 'A~INtSTRATION
d~E~T~CJTY~ ED ~ M.W. i~W~.~ ~ETIREMENT C~TTEE'; ekE.
,hrough ~u~d~y, and has bee~ ~ered as l,w~T,;c~Y ., A4~.A~W~ AT~ ~ .. ~ECT,O, ~,~.
;econd class matter at the pos~ office in Cl.~ ~Y~ ~ ~~'1- INGSECTION~.IM, ffRUSTFUNDT~STE~; WENDING
AND SEC.
P~EL~ND~E~ ~ ~ A ~V~.~! P~; AMENDING SECTION ~.1~,
or aperiod ofoneyear next preceding the ~RLYOEKRIB~IEmW C~U~ ~ ~ EF~ i VE~MINATI~ OF PLA~;
~ANSlT~NAL TO ~NER~ ~ ~TL VIDING A SAVI~S (~USE:
BE~EN N.E. ~H AVE~E AN~: i ~ ~
1~ NORTH ~ GE~ B~
le has neither paidnor promised any SOULEVARO; ~1~ ~ ~- dl~ ~ Cl~ ~L~Y AN ORD}NAWCE OF THE C)TY
EMPTI~ F~ THE ~N~TJ I~. ~ I~lSl~ THE MISSION OF THE CiTY OF DELRAY
TAL ~C ~; ~VI~' Cl~ ~D ~ ~g ~1~ BEACH, FLORIDA, CORRECTING
C~U~; A ~VI~ C~U~ ~O ~g ~ A P~L ~ ~ A PARCEL OF ~NO AS ~RE PAR-
,eb~te) commi~mon o~ :e[und [o~ Lhe pu:- ANEFFE~IVE~TE. ~E .P~T~U~LY ~. T~RLY ~RIBED HEIEIN
~RI~ED HEREIB FR~ ~DI~ FR~ GC AND R-1AA (SINGLE
)O~e O[ SeC~J~g ~J8 Adve~se~e~: [or pub- ~~' 0~.s~ .S~OE.T~*~ ~...~ ~*.~ ~S~O~.~*~ ~0
~D C~UNITY ~ACILITIES iN ~PROF~SSiO~AL 0FF CE)
Jca~lon in said newspapers. AN OROINA~E OF THE CITY C~ PART~"E~VELOP~ENTA"~ Tn,CT SA'O ~A"O "~"G
MiSSION OF T~ ClT~OF ~Y ~; ~10 ~ND IS L~TED ~ ED AT THE S E CO~qER
FEDERAL HIGHWAY ANO S,E
I~H, F~ ~ ~ ~ THE~TH Sl~ OF LINT~ ~
USE ~ ~ ~ T~' ~ P~IOI~ ~ ~- 'Z~ING ~P OF DELRAY BEACH.
C~HE~I~ ~* ~R A ~ R~ THE T~IT- F~elD~ t~; PROVIOI~ A
~Y ~II~IN~ I~ ~. ~ ~VING C~USE, AND AN EFFEC-
~ ~1~. ~LT0 ~ : ~; A-~'~[ A~ TIVEOATE.
~DIU~ ~ l~ : AN ~F~I~ ~T~ ,
',worn to and subscribed before me this ~- ~ '~i; ~~~,.,..~ ~.~AY~NOUSE
T~I~~.~~ ~ ~ A' P~EL~~EP~
~IDIN A ~ ~.~ ~ ~ ~ ~ ~ ~ TI~LY ~RIKD HEREIN
day of {d A.D., 19 ER C~; A ~Vl~ ~'~[ T~LY ~ ~REJH F~ TR~IT~L TO
~ - ~O ~ EFFE~IVE DA~- ~- '1':' ~ ~TY RESI~IAL;
I' --~:: ~M~ ~,. ~!
I ~C~; FL~~ , .'.~ ~~ ~ A ~NE~ RE~ALER
~b ~ate of Florida at U~ ~-~ lB T~ ~ ~: A~
3eal, Ilo, large) cM~ ~ ~ A EFFE~W~ [.
~ ~- ~ ~. ~ [ ~. ~E~ (I~S ~D USE ~ DESIGN~
~E PARTICU~,RLY DE.
~llY F~ILITIIS; ~lD