Ord 22-04 ORDINANCE NO. 22-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF D~Y BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.70, "DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER
OF DISTRIBUTIONS FROM A QUALIFIED PLAN INTO
THE FUND FOR THE PURCHASE OF AN ENHANCED
MULTIPLIER; PROVIDING A SAVING CLAUSE; A
GENERAL REPEALER CLAUSE; AND AN EFFECTiVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRr.KAY
BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Dekay Beach is hereby amended by amending subsection
(C) of Section 33.70, "Direct Transfers of Eligible Rollover Distributions", to read as follows:
Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROI.LOVER DISTRIBUTIONS.
(C) Rollowrs or Tra#oCvrs into the Fund. On or after the effective date of this Section, the fund will
accept member rollover cash contributions and/or direct cash rollovers of distributions for the
purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows:
the fund will accept either a direct rollover of an eligible rollover distribution or a member
contribution of an eligible rollover distribution from a qualified plan described in Section 401(a) or
403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the
Internal Revenue Code, or from an eligible plan under Section 457Co) of the Internal Revenue Code,
which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a
State or political subdivision of a State
Section 3 That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4 That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not operate to invalidate the remainder hereof.
Section 5 That this ordinance shall become effective on passage.
PA~I}D~ A.I~ ADOPTED in regmhr session on second and final reading on this
the /,~ day of ~ ,2004.
City Clerk
First Readin~
Second Reading( t~/~.~O~'
2 ORD. NO. 22-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: A(~ENDA ITEM # ~ C~ (;~ - REGULAR MEETING OF APRIL 13. 2004
ORDINANCE NO, 22-04 (AMENDING CHAPTER 33. "POLICE AND
FIRE DEPARTMENTS". PENSIONS. SECTION 33.70. "DIRECT
TRANSFERS OF ELIGIBLE ROI,LOVER DISTRIBUTIONS")
DATE: APRIL 9, 2004
This ordinance is before Commission for second reading and public hearing to amend Chapter 33,
"Police and Fire Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover
Distributions", providing a mechanism for the rollover of 457 and 401 funds where applicable.
At the first reading on March 16, 2004, the Commission passed Ordinance No. 22-04.
Recommend approval of Ordinance No. 22-04 on second and final reading.
S:\City Clerk\agenda merno. Ord 22.04. Police. Fire Pension. Transfers. Rollovets.04.13.04
Page 1 of 3
Message ~
Kucmerowski, Carolanne
From: Ruby, Susan
Sent: Tuesday, March 16, 2004 10:16 AM
To: Harden, David; Safford, Joseph; Hamilton, Harry; Schroeder, Larry; Koen, Kerry; Tabeek, Jim; Gray, Vincent
Cc: Kucmerowski, Carolanne; Garito, Barbara; Nubin, Chevelle
Subject: I:VV: Police Fire Pension Ordinance
This ordinance is a substitute for the ordinance on the agenda as item 12. Per the request of the finance department it includes
roll over capability from 457 and 401A plans. Please substitute this ordinance for the one previously sent and included in the
agenda for first reading. I would appreciate it if both Chiefs could make sure that the union representatives receive a copy of the
revised ordinance. Thanks
Susan A. Ruby
.... -Original Message .....
From: Jim Linn [mailto:jlinn@llw-law,com]
Sent: Tuesday, March 16, 2004 10:02 AM
To: Ruby, Susan
Subject: RE: Police Fire Pension Ordinance
Susan - the further revised ordinance, containing the Mana§er's edits and the 401(a) reference, is attached. Please call me if you
have any questions.
Jim
..... Original Message ....
From: Ruby, Susan [mailto:Ruby@ci.delray-beach.fl.us]
Sent: Tuesday, March 16, 2004 9:15 At4
To: 3im Linn
Subject-' FW: Police Fire Pension Ordinance
See Sherry's comments. Could you make sure that the draft we are passing tonight includes everything? Thanks. Does the
substitute ordinance you drafted include the changes made by the manager as well as the roll over from 457 and 401A?
Susan A. Ruby
..... Original Message .....
From: Muehlberg, Sherry
Sent: Tuesday, March 16, 2004 9:02 AM
To.' Ruby, Susan
Cc: Safford, .loseph
Subject.' Police Fire Pension Ordinance
Does the 401 also mean the 401A? If SO, my thought would be, "yes" go ahead and include the 401A Plan in this
Ordinance as employees who participate in the 3% Management Match Program have the option of having the 3%
contribution and match going into their 457 OR 401A Plans, in which case they could roll/direct transfer those funds from
either OR both Plans (depending on the amount of the actuarial cast and the amount they have in each Plan).
(This is just MY thought!)
Sherry/03-16
..... Original Message .....
From: Ruby, Susan
Sent: Tuesday, March 16, 2004 8:45 AM
3/16/2004
Message Page 2 of 3
To: Safford, 3oseph
Cc: Muehlberg, Sherry
Subject: FW: Police Fire Pension Ordinance
Do we need this ordinance?
Susan A. Ruby
..... Original Message .....
From: Jim Linn [mailto:jlinn@llw-law.com]
Sent: Friday, March 12, 200~ 5:35 PM
To: Ruby, Susan
Subject: RE: Police Fire Pension Ordinance
Susan - the plan does not currently allow rollovers from a 401 plan for the purchase of continuous service, so I did
not add the 401 reference for the purchase of the enhanced multiplier. However, if the City wants to allow this, a
revised ordinance is attached.
Jim
P.S. You could also allow rollovers from an IRA, if you what to do this.
..... Original Message .....
From: Ruby, Susan [mailto:Ruby@ci.delray-beach.fl.us]
Sent: Friday, March 12, 2004 4:23 PM
To: Jim Linn
Subject: RE: Police Fire Pension Ordinance
Thank you so much for the prompt response. What about the 401 A plan?
Susan A. Ruby
..... Original Message .....
From: Jim Linn [mailto:jlinn@llw-law.com]
Sent: Friday, March 12, 2004 4:06 PM
To: Ruby, Susan
Subject: Police Fire Pension Ordinance
Susan - a draft ordinance providing for rollovers from a qualified plan to purchase the enhanced
multiplier is attached. Please call me if you have any questions.
dim
James W. Linn
Lewis, Longman & Walker, P.A.
Post Office Box 10788
Tallahassee, FL 32302
(850) 222-5702
(850) 224-9242 (Facsimile)
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3/16/2004
ORDINANCE NO. 22-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.70, "DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER
OF DISTRIBUTIONS FROM A QUALIFIED PLAN INTO
THE FUND FOR THE PURCHASE OF AN ENHANCED
MULTIPLIER; PROVIDING A SAVING CLAUSE; A
GENERAL REPEALER CLAUSE; AND AN EFFECTiVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~I,RAy
BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection
(C) of Section 33.70, "Direct Transfers of Eligible Rollover Distributions", to read as follows:
Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS.
(C) Rollomrs or Tran~rs into the F#mL On or after the effective date of this Section, the fund will
accept member rollover cash contributions and/or direct cash rollovers of distributions for the
purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows:
the fund will accept either a direct rollover of an eligible rollover distribution or a member
contribution of an eligible rollover distribution from a qualified plan described in Section 401(a) or
403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the
Internal Revenue Code, or from an eligible plan under Section 457(b) of the Internal Revenue Code,
which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a
State or political subdivision of a State
Section 3 That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4 That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not operate to invalidate the remainder hereof.
Section 5 That this ordinance shall become effective on passage.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,2004.
MAYOR
A'I'I'EST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 22-04