Ord 16-04ORDINANCE NO. 16-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 35.097,
"RETIREMENT INCOME; BASIS, AMOUNT AND
PAYMENT", TO PROVIDE ADDITIONAL OPTIONAL
FORMS OF BENEFIT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Pohcies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
subsection (E) of section 35.097, "Optional Forms of Retirement Income", to read as follows:
Section 35.097 RETIREMENT INCOME: BASIS AMOUNT AND PAYMENT.
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 subparagraphs (A), CB) and
(D)(1) of this section, a participant or a terminated participant may, upon written request to the
Committee submitted prior to the receipt of retirement income or benefits under the plan, aid
subject to the approval of the Committee, elect to receive a retirement income or benefit
commencing on the date specified in subparagraphs (A), CB) and (D),0) of this section, whichever is
applicable, of equivalent actuarial value payable in accordance with one of the follovdmg options:
(a) Option 1. A retirement income of a modified monthly amount, payable to
the participant for life, except that in the event the participant dies before receiving retirement
income for a period often 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. 4-. A retirement income of a modified monthly amount payable to
the participant during the joint lifetime of the participant and his or her desi~tmated joint pensioner.
Under this option, the participant may. prior to retirement, elect a survivor benefit of 100%,, 75%,
66.66% or 50% of the participant's modified monthly benefit, which shall be ~
survivor for the lifetime of the survivor. Election of this option shall be null and void if the
desi_mnated joint pensioner dies before the participant's retirement, unless the participant designates
another joint pensioner in accordance with Section 35.097(E)(2). The monthly income payable
under this option to the participant and a joint pensioner shall not be less than the monthly income
that would be payable under a payments certain to age 85 years and life thereafter from.
(c) Option 3. In lieu of the other optional forms enumerated in this section, and
upon the request of a participant, retirement benefits may be paid in any form approved by the
Board so lone_ as actuarial eclulvalence_ with the benefit otherwise payable is maintained. .~l~ja ..... ..~.~L A_
(2) A participant, upon electing any option under this section, shall designate the jo'mt
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
de(xgnation 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 equivalent actuarial
value of the benefit payable.
Co) The consent of a participant's joint pensioner or beneficiary to any change 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.
2 Ord. No. 16-04
(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
Section 35.100(A) of this subchapter.
(3) Retirement income payments 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 terminated
participant dies prior to the commencement of normal retirement income, no benefit x~dl be payable
under the option to any person, but benefits will be payable as provided in subparagraph (D) of this
section.
(b) If a participant's designated beneficiary or joint pensioner dies before the
participant's retirement under the plan, the option elected will be cancelled automatically and
retirement income in the normal form and amount will be payable to the participant upon
retirement 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 jo'mt pensioner is designated by the
participant prior to retirement.
(c) If both the participant and designated beneficiary die after the date the
participant's retirement income commences under the plan, but before the full actuaxial value of
benefits under the provisions of subparagraph (E)(1)(a) or (c) has been received, the Committee
may, in its discrefiun, direct that the commuted value of the remaining payments be paid in a lump
sum and in accordance with Section 35.100(B).
.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 operate to invalidate the remainder hereof.
Section 3. That this ordinance shall become effective immediately upon its passage on
second and final reading, except as to plan participants who are covered under a collective
bargaining agreement. This ordinance shall become effective as to the excluded employees
immediately upon the date of ratification and execution of a collective bargaLning agreement or
memorandum of understanding that includes the provisions of this ordinance.
,,t~ASSED~ ADgPTED in regular session on second and final reading on this
the I I'~'~ day of-~'~4g~ ,2004.
3 Ord. No. 16-04
ATI'EST:
CITY CLERK.
Fkst Rea 'd~..~-~
Second Readin/g~/~
4 Ord. No. 16-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~) ~
ORDINANCE NO. 16-04
POLICIES AND BENEFITS")
- REGULAR MEETING OF MARCH 11. 2004
(AMENDING CHAFFER 35. "EMPLOYEE
MARCH 5, 2004
This ordinance is before Commission for second reading and public hearing to amend Chapter 35,
"Employee Policies and Benefits" of the City Code of Ordinances, Section 35.097, "Retirement
Income: Basis, Amount and Payment" to provide additional optional forms of benefit.
At the first reading on February 17, 2004, the Commission passed Ordinance No. 16-04.
Recommend approval of Ordinance No. 16-04 on second and final reading.
S:\City Clerk\agenda rnemo. Ord 16.04. General Empl pemaon Plan.03.11.04
CITY OF I]ELAI3Y BEflrH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
DATE:
February 11,2004
MEMORANDUM
TO:
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: General Employees Pension Plan- Ordinance No. 16-04
This ordinance modifies the General Employee's Pension Plan by specifying the
optional forms of retirement available for retirees and their survivors, and also
allowing other optional forms, if the board determines the form is actuarially
equivalent.
Please place this ordinance on for first reading on the February 17, 2004 agenda.
Attachment
Cc:
Barbara Gadto, City Clerk
Joe Safford, Finance Director
Harry Hamilton, Human Resources Director
ORDINANCE NO. 16-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT
AND PAYMENT", TO PROVIDE ADDITIONAL OPTIONAL FORMS
OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
subsection (E) of section 35.097, "Optional Forms of Retirement Income", to read as follows:
Section 35.097 RETIREMENT INCOME; BASIS AMOUNT AND PAYMENT.
(E) Optional forms of retirement income.
(1) In lieu of the amount and form of retirement income payable in the event of normal
retirement, eady retirement, or termination of service as specified in subparagraphs (A), (B) and
(D)(1) of this section, a participant or a terminated participant may, upon written request to the
Committee submitted prior to the receipt of retirement income or benefits under the plan, aid
subject to the approval of the Committee, elect to receive a retirement income or benefit
commencing on the date specified in subparagraphs (A), (B) and (D),(I) of this section, whichever
is applicable, of equivalent 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 life, except that in the event the participant dies before receiving retirement income
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 his or her desi.qnated joint pensioner.
Under this option, the participant may, prior to retirement, elect a survivor benefit of 100%,, 75%,
66.66% or 50% of the participant's modified monthly benefit, which shall be de~
.... ; .... ~.~...,.,~.,. ,~.~ .~..~,h ~.~ ~.~h.-,.- ,-~ +~.....~ ~.,~- *~.;..~ ~.~ +~. .... *~-~ ........ ~ pay bi the
~ .......... , .......... ~ ............................ , ........................... ¢ ......... a e to
survivor for the lifetime of the survivor. Election of this option shall be null and void if the
desi,qnated joint pensioner dies before the participant's retirement, unless the participant
designates another ioint pensioner in accordance with Section 35.097(E)(2). The monthly income
payable under this option to the participant and a joint pensioner shall not be less than the
monthly income that would be payable under a payments certain to age 85 years and life
thereafter from.
(c) Option 3. In lieu of the other optional forms enumerated in this section, and
upon the request of a participant, retirement benefits may be paid in any form approved by the
Board so long as actuarial equivalence with the benefit otherwise payable is maintained. Am/
~ i~in~ o~ ..... i .... ~ Of ~i ..... + '
................... , .............. ~ :~CC~ ~ ....
(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 equivalent actuarial
value of the benefit payable.
(b) The consent of a participant's joint pensioner or beneficiary to any change 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 Section 35.100(A) of this subchapter.
Ord. No. 16-04
(3) Retirement income payments 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 terminated
participant dies prior to the commencement of normal retirement income, no benefit will be
payable under the option to any person, but benefits will be payable as provided in subparagraph
(D) of this section.
(b) If a participant's designated beneficiary or joint pensioner dies before the
participant's retirement under the plan, the option elected will be cancelled automatically and
retirement income in the normal form and amount will be payable to the participant upon
retirement 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 designated by
the participant prior to retirement.
(c) If both the participant and designated beneficiary die after the date the
participant's retirement income commences under the plan, but before the full actuarial value of
benefits under the provisions of subparagraph (E)(1)(a) or (c) has been received, the Committee
may, in its discretion, direct that the commuted value of the remaining payments be paid in a
lump sum and in accordance with Section 35.100(B).
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 operate to invalidate the remainder hereof.
Section 3. That this ordinance shall become effective immediately upon its passage on
second and final reading, except as to plan participants who are covered under a collective
bargaining agreement. This ordinance shall become effective as to the excluded employees
immediately upon the date of ratification and execution of a collective bargaining agreement or
memorandum of understanding that includes the provisions of this ordinance.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading_
Ord. No. 16-04
IO0
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