36-91 ORDINANCE NO. 36-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI-
STRATION'', CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60,
"DEFINITIONS", TO PROVIDE FOR A CHANGE TO THE
DEFINITION OF "CONTINUOUS SERVICE", PARAGRAPHS 2(a)
AND (b) TO ALLOW FOR BENEFIT ELIGIBILITY TO CONTINUE
DURING MILITARY SERVICE; AMENDING SECTION 33.65(B),
"ADMINISTRATION", TO PROVIDE FOR A CHANGE IN THE
LENGTH OF TERMS OF SERVICE FOR PENSION BOARD MEMBERS
TO TWO YEARS; AND AMENDING SECTION 33.65(I), TO
PROVIDE THAT THE SECRETARY OF THE PENSION BOARD OF
TRUSTEES SHALL BE A MEMBER OF THE BOARD; PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, "Administration", Chapter 33.
"Police an~F--~art~ents", Section 33.60, "Definitions", of the C
ode
of Ordinances of the City of Delray Beach, Florida, be, and the same is'
hereby amended to read as follows:
"Continuous Service."
(a) Any authorized leave of absence or vacation, provided all
members similarly situated in similar circumstances shall be'
treated alike pursuant to uniform, non-discriminatory rules.
credit for benefit eligibility for computation purposes under the.
system shall be allowed for any such period of leave of absence.
(b) Any service, whether voluntary or involuntary, in the
armed forces of the United States, provided the member is legally~
entitled to reemployment under the provisions of the Universal.
Training and Service Act and any amendments thereto, or any lawi
applicable to such reemployment, and provided that a member shall~
apply for reemployment within three months following termination of~
such service. H~weve~7 -~ -e~e~ -~e~ -be~e~ -e~b~%~ -~!
e~m~a~e~-~ses-~e~-~he-sys~em-sha~-be-a½~we~-~-a~y-s~eh:
service Nothing afore-~
mentioned shall serve to reduce the accrued accredited services of'
the members on the effective date of the plan.
Section 2. That Title 3, "Administration", Chapter 33,
"Police and Fire Departments", Section 33.65, "Administration", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(B) The term of office of each appointed and elected trustee
shall be ~h~ee two years except that the initial terms within each,
category above shall be for two and three years. The initial termi
shall commence on the effective date of this system. Initially in!
each elective category, the trustee receiving the most votes shall~
serve a three-year term, the second most votes a two-year term.
(I) The Board of Trustees shall by majority vote of its~
members appoint a secretary who may;-bu~-mee~-~e%-be~ shall be one,
of its members. It shall engage actuarial and other services as
shall be required to transact the business of the retirement~
system. The compensation of all persons engaged by the Board of
Trustees and all other expenses of the Board necessary for the
operation of the retirement system shall be paid at those rates andl
in amounts as the Board of Trustees shall agree. Funds may be
disbursed by the City Finance Department or other disbursing agent
as determined by the Board, only upon written authorization by the
Board of Trustees.
Section 3. 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 deci-
sion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 9th day of
AT~.,ST: i,
Cit~ Cler~ - ~-
First Readin~ March 26, 1991
Second Readin~ April 9, 1991
ORD. NO. 36-91
BOCA RATON NEWS
DELRAY BEACH NEWS
BOYNTON BEACH NEWS
Published Daily I
Monday thru Sunday
/ A PUBLIC ~RING~Wifl M ~e
Boca Rain, Pal~ Beach Co~fity, Florida F ~.~m~ ~s~
Delray Beach, Palm Beach County, Florida s~ ~ ~ ,, u, b, ~
Before the undersigned authority personally ~,~!~-,
appeared NANCY WA~ who on oath says that she ~~,d~
~ISS~'~rTHE C~ ~ 'DELRAY
newspapers p~blished at Boca ~aton i~ Pal~ 8~A~,'~, ~.
Beach County, Florida; that the at~ched copy of '~
advertisement was published in said newspapers ,~, 0~ TNE CITY
DELRAY BEACH, FCORIDA
· EF N T~t TO PROV ~ FOR
SE~ ,,~ENOING SECTION
PR~IDE ~0~ A cHANGE IN
FOR PENSi~' BOARD
TO T~ _YE~S; AND
P
Affiant further says that the s~d Boca Raton SHACC SE A~. ~
BOARD; PROVID~ A SAVING
CLAUSE; PROVPD~G k RE~AL.
News and De~ay Beach News ~e newspapers pub- ~ ~, P~ov~omG AN ~.
AN O~DINANCE OF THE CITY
entered as second class matter at the post office in ~ss~o. oF ~HE aTY O~
OEACH, FLORIDA, AMENDI~
TION~, ARTICLE ~6,
tion of the attached copy of advertisement; and
affiant f~rther says that she has neithe~ pald no~ SUSSECT~ ,.~.~Oj,
S~AN~RDS', ~U~UB~CTf0N
promised any person, f~m or corporation any dis- ~.~.~(m(A), '~KmG AND ~
count, rebate, commission or refund for the p~- ~ENT REGU~TIO~~ ~ W~
pose of securing this advertisement for publication c,ry ~ DEC.AY eS~&
~A. BY DeCeT~N~ ?.e W~D
AND ADD NG THE ~Rm ~IGNS
AND ~RKINGS', AND
SHA~ C~Y WrTH ~
OE$~R CRaniA: ~E~ THAT
THE CI~ ENGINEER, OR HI~-DE~
AN~ ~ k USE-BY~E
PRO~DNG A ; REPEALER
CCAU~ ~DiNG AN
/ ~ ~ TIVE DATE.
Sworn t d subscribed before me this ,~, ~ ~, · ~
B~I Ro~riy/BOy~'~h
(Seal, Notar~ Pub F~~~H
My Commission