Ord 15-08~'
,,
ORDINANCE NO. 15-08
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, BY
AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY"; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY
OF THE CITY OF DELRAY 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 Section
33.62 "BENEFIT AMOUNTS AND ELIGIBILITY", to read as follows:
Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY.
(I) Maximum Benefits. A member may not receive a pension or disability benefit which
exceeds the lesser of:
(1) One hundred (100) percent of the member's average compensation for the
highest three (3) consecutive years as a member in the pension fund; or
(2) The maximum amount allowed under section 415 of the Internal Revenue
Code (increased to reflect the cost-of-living adjustment factor prescribed
under section 415(d) of the Internal Revenue Code), that is incorporated
herein by reference. Notwithstanding anv other nrovision of the svstem to
the contrary the annual benefit to which a member is entitled under the
svstem shall not in anv limitation yeaz, be in an amount which would
exceed the applicable limitations under Section 415 of the Internal
Revenue Code and the regulations issued thereunder. If the benefit
pavable under the svstem would (but for this section) exceed the
limitations of Section 415 of the Code by reason of a benefit payable
under another defined benefit plan aggregated with this svstem under
Code section 415(8 the benefit under this system shall be reduced only
after all reductions have been made under such other elan. As of January 1
of each calendar year commencing on or after January 1, 2008, the dollaz
limitation as determined by the Commissioner of the Internal Revenue
i~
Service for that calendaz veaz, adiusted for the member's aee in
accordance with the applicable IRS regulations, shall become effective as
the maximum permissible dollaz amount of benefit payable under the
system during the limitation year ending within that calendaz year.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 3. That if any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or
circumstance, be declazed by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, pazagraph, sentence or
word or provision or its application to other persons or circumstances and shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part declazed to be
invalid.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this
ls` day of April, 2008.
~~0. ~~
ATTEST: MAYOR
City Clerk
First Reading ~ ~~ 0 O
Second Reading ~ ` ~~
ORD NO. 15-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 21, 2008
SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF APRIL 1 2008
ORDINANCE NO. 15-OS
ITEM BEFORE COMMISSION
This ordinance is before Commission amending Chapter 33, "Police and Fire Departments",
Subheading "Pensions", of the Code of Ordinances by amending Section 33.62, "Benefit Amounts and
Eligibility" to set maximum benefits as required by Section 415 of the Internal Revenue Code.
BACKGROUND
At the first reading on Mazch 18, 2008, the Commission passed Ordinance No. 15-08.
RECOMMENDATION
Recommend approval of Ordinance No. 15-08 on second and final reading.
ORDINANCE NO. 15-08
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, BY
AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY"; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY 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 Section
33.62 "BENEFIT AMOUNTS AND ELIGIBILITY", to read as follows:
Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY.
(I) Maximum Benefits. A member may not receive a pension or disability benefit which
exceeds the lesser of:
(1) One hundred (100) percent of the member's average compensation for the
highest three (3) consecutive yeazs as a member in the pension fund; or
(2) The maximum amount allowed under section 415 of the Internal Revenue
Code (increased to reflect the cost-of-living adjustment factor prescribed
under section 415(d) of the Internal Revenue Code), that is incorporated
herein by reference. Notwithstanding any other provision of the system to
the contrary, the annual benefit to which a member is entitled under the
system shall not, in any limitation yeaz, be in an amount which would
exceed the applicable limitations under Section 415 of the Intemal
Revenue Code and the regulations issued thereunder. If the benefit
oavable under the system would (but for this sectionl exceed the
limitations of Section 415 of the Code by reason of a benefit payable
under another defined benefit plan agazegated with this system under
Code section 415~f). the benefit under this system shall be reduced only
after all reductions have been made under such other plan. As of January 1
of each calendar yeaz commencing on or after January 1, 2008, the dollaz
limitation as determined by the Commissioner of the Intemal Revenue
Service for that calendaz year, adjusted for the member's age in
accordance with the applicable IRS regulations, shall become effective as
the maximum permissible dollar amount of benefit payable under the
system during the limitation year ending within that calendaz yeaz.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 3. That if any section, subsection, pazagraph, sentence or word or older
provision of this ordinance, or any portion thereof, or its application to any person or
circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, pazagraph, sentence or
word or provision or its application to other persons or circumstances and 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 this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this
the day of , 2008.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Susan A. Ruby, City Attorney
DATE: Mazch 11, 2008
SUBJECT: AGENDA ITEM 12 B -REGULAR COMMISSION MEETING OF MARCH 18 2008
ORDINANCE 15-OS
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 15-08 which amends the Police Officers and
Firefighters Retirement Plan to comply with recent IRS regulations implementing Section 415 of the
Internal Revenue Code. Section 415 establishes maximum limits on benefits provided by qualified
retirement plans. The regulations were published in 2007.
BACKGROUND
The Police and Fire Pension Plan is a qualified plan and must comply with the Section 415 benefit
limits. We have reviewed the Police and Fire Pension Plan and determined that it complies generally
with the Section 415 regulations; however, the regulations contain new safe harbor provisions that, in
our judgment, warrant amending the plan. The attorney for the Police and Fire Pension Plan concurs
with our assessment, and with the language of the amendments.
The Section 415 regulations contain two "safe harbors" for retirement plans, like the City's, that have
automatic cost-of-living adjustments. If a plan adopts one of the safe harbors, COLAs provided by the
plan are automatically treated as meeting the Section 415 limit on benefits. The current Section 415
maximum benefit limit is $185,000 per year, at normal retirement age. The maximum benefit limit is
adjusted each yeaz for inflation in accordance with the regulations. According to the regulations, plans
can apply the Section 415 adjusted dollar limit to a retired participant who receives additional benefits
through a cost of living increase. The attached amendment is intended to comply with one of the safe
harbor rules.
The amendment specifically limits the actual benefit paid to a member in any year to no more than the
Section 415 dollar limit for that year. In addition, the amendment expressly recognizes increases in the
Section 415 dollaz limits that occur afrer retirement.
RECOMMENDATION
The City Attorney recommends approval of Ordinance No. 15-08.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 21, 2008
SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF APRIL 1 2008
ORDINANCE NO. 16-08 -SECOND READING
ITEM BEFORE COMMISSION
This ordinance is before Commission amending Chapter 35, "Employees Policies and Benefits",
Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement
Income; Basis, Amount, and Payment".
BACKGROUND
At the first reading on Mazch 18, 2008, the Commission passed Ordinance No. 16-08.
RECOMMENDATION
Recommend approval of Ordinance No. 16-08 on second and final reading.
ORDINANCE NO. 16-08
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"; PROVIDING A GENERAL REPEALER
CLAUSE; A VALIDITY CLAUSE; AND 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 section 35.097, "Retirement Income; Basis, Amount, and
Payment", to read as follows:
Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(J) Maximum Pension.
(8) Additional Limitation on Pension Benefits. Notwithstanding
anything herein to the contrary:
(a) The normal retirement benefit or pension payable to a retiree
who becomes a member of the plan and who has not
previously participated in such plan, on or after January 1,
1980, shall not exceed one hundred (100) percent of his
average final compensation. However, nothing contained in
this Section shall apply to supplemental retirement benefits or
to pension increases attributable to cost-of-living increases or
adjustments.
(b) No member of the plan who is not now a member of such plan
shall be allowed to receive a retirement benefit or pension
which is in part or in whole based upon any service with
respect to which the member is already receiving, or will
receive in the future, a retirement benefit or pension from a
different employer's retirement plan or plan. This restriction
does not apply to Social Security benefits or Federal benefits
under Chapter 67, Title 10, U.S. Code.
(cl Notwithstanding any other provision of this plan to the
contrary, the annual benefit to which a member is entitled
under the plan shall not. in any limitation year, be in an
amount which would exceed the applicable limitations under
Section 415 of the Internal Revenue Code and the regulations
issued thereunder. If the benefit payable under the plan
would {but for this sectionl exceed the limitations of Section
415 of the Code by reason of a benefit payable under another
defined benefit plan aggregated with this plan under Code
section 415(fl, the benefit under this plan shall be reduced
only after all reductions have been made under such other
plan. As of January 1 of each calendar year commencing on
or after January 1, 2008, the dollar limitation as determined
by the Commissioner of the Intemal Revenue Service for that
calendar year shall become effective as the maximum
permissible dollar amount of benefit payable under the plan
during the limitation year ending within that calendar year.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That if any section, subsection, paragraph, sentence or
word or other provision of this ordinance, or any portion thereof, or its application to any
person or circumstance, be declared by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any other section,
subsection, paragraph, sentence or word or provision or its application to other persons or
circumstances and 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 this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the _ day of , 2008.
ATTEST: MAYOR
City
First Reading
Second Reading
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Susan A. Ruby, City Attorney
DATE: March 11, 2008
SUBJECT: AGENDA ITEM 12 C -REGULAR COMMISSION MEETING OF MARCH 18 2008
ORDINANCE 16-08
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 16-08 which amends the City's General
Employee Retirement Plan to comply with recent IRS regulations implementing Section 415 of the
Internal Revenue Code. Section 415 establishes maximum limits on benefits provided by qualified
retirement plans. The regulations were published in 2007.
BACKGROUND
The City's retirement plan is a qualified plan and must comply with the Section 415 benefit limits. We
have reviewed the City's plan and determined that it generally complies with the Section 415
regulations; however, the regulations contain new safe harbor provisions that, in our judgment, warrant
amending the plan. The attorney for the General Employee Pension Plan concurs with our assessment,
and with the language of the amendments.
The Section 415 regulations contain two "safe harbors" for retirement plans, like the City's, that have
automatic cost-of-living adjustments. If a plan adopts one of the safe harbors, COLAs provided by the
plan are automatically treated as meeting the Section 415 limit on benefits. The current Section 415
maximum benefit limit is $185,000 per year, at normal retirement age. The maximum benefit limit is
adjusted each yeaz for inflation in accordance with the regulations. According to the regulations, plans
can apply the Section 415 adjusted dollaz limit to a retired participant who receives additional benefits
through a cost of living increase. The attached amendment is intended to comply with one of the safe
hazbor rules.
The amendment specifically limits the actual benefit paid to a member in any year to no more than the
Section 415 dollar limit for that year. In addition, the amendment expressly recognizes increases in the
Section 415 dollar limits that occur after retirement.
RECOMMENDATION
The City Attorney recommends approval of Ordinance No. 16-08.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: March 26, 2008
SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF APRIL 1, 2008
ORDINANCE N0.20-08
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations pertaining to
Assisted Living Facilities, Continuing Caze Facilities and Nursing Homes.
BACKGROUND
The ordinance essentially removes the current term Adult Congregate Living Facility, replaces it with
the tern Assisted Living Facility, and amends the definition of the term Continuing Care Facility, all to
comport with state statues. The ordinance also eliminates the terms Convalescent Homes, Homes for the
Aeed, and Rest Homes (since those terms are now obsolete) and includes them all within the single
term Nursine Homes.
To achieve compliance with Federal Fair Housing Law, Assisted Living Facilities and Continuing Care
Facilities are added as permitted uses in zoning districts that currently allow medium density residential
as permitted uses. They aze also added as conditional uses in zoning districts that allow medium density
residential as a conditional use.
New definitions of Assisted Living_Facility and Nursing Home are included in the ordinance, and the
existing definition for Continuing Caze Facility is updated. The terms Adult Congregate Living Facility
and Convalescent Homes. Homes for the Aged, Nursing Home, or Rest Homes are repealed, all to
comport with state definitions.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on March 17, 2008. No one
from the public spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote by
adopting the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 20-08 for aCity-initiated amendment to the Land
Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and
law contained in the staff report and finding that the amendment is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments: Ordinance No. 20-08, Planning and Zoning Staff Report of March 17, 2008
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Susan A. Ruby, City Attorney
DATE: March 11, 2008
SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 18, 2008
ORDINANCE 15-08
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 15-08 which amends the Police Officers and
Firefighters Retirement Plan to comply with recent IRS regulations implementing Section 415 of the
Internal Revenue Code. Section 415 establishes maximum limits on benefits provided by qualified
retirement plans. The regulations were published in 2007.
BACKGROUND
The Police and Fire Pension Plan is a qualified plan and must comply with the Section 415 benefit
limits. We have reviewed the Police and Fire Pension Plan and determined that it complies generally
with the Section 415 regulations; however, the regulations contain new safe harbor provisions that, in
our judgment, warrant amending the plan. The attorney for the Police and Fire Pension Plan concurs
with our assessment, and with the language of the amendments.
The Section 415 regulations contain two "safe harbors" for retirement plans, like the City's, that have
automatic cost-of-living adjustments. If a plan adopts one of the safe hazbors, COLAs provided by the
plan are automatically treated as meeting the Section 415 limit on benefits. The current Section 415
maximum benefit limit is $185,000 per yeaz, at normal retirement age. The maximum benefit limit is
adjusted each yeaz for inflation in accordance with the regulations. According to the regulations, plans
can apply the Section 415 adjusted dollar limit to a retired participant who receives additional benefits
through a cost of living increase. The attached amendment is intended to comply with one of the safe
harbor rules.
The amendment specifically limits the actual benefit paid to a member in any year to no more than the
Section 415 dollar limit for that year. In addition, the amendment expressly recognizes increases in the
Section 415 dollar limits that occur after retirement.
RECOMMENDATION
The City Attorney recommends approval of Ordinance No. 15-08.
ORDINANCE NO. 15-08
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 33.62, "BENEFIT
AMOUNTS AND ELIGIBILITY"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A
SAVINGS 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 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.62 "BENEFIT AMOUNTS AND ELIGIBILITY". to read as follows:
Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY.
(I) Maximum Benefits. A member may not receive a pension or disability benefit which
exceeds the lesser o£
(1) One hundred (100) percent of the member's average compensation for the
highest three (3) consecutive yeazs as a member in the pension fund; or
(2) The maximum amount allowed under section 415 of the Internal Revenue
Code (increased to reflect the cost-of-living adjustment factor prescribed
under section 415(d) of the Intemal Revenue Code), that is incorporated
herein by reference. Notwithstanding any other provision of the svstem to
the contrary. the annual benefit to which a member is entitled under the
svstem shall not, in anv limitation veaz, be in an amount which would
exceed the applicable limitations under Section 415 of the Internal
Revenue Code and the regulations issued thereunder. If the benefit
pavable under the svstem would (but for this section) exceed the
limitations of Section 415 of the Code by reason of a benefit payable
under another defined benefit plan agg~eated with this system under
Code section 415(_fl, the benefit under this svstem shall be reduced only
after all reductions have been made under such other plan. As of January 1
of each calendazyeaz commencing on or after January 1. 2008. the dollar
limitation as determined by the Commissioner of the Internal Revenue
Service for that calendar veaz, adiusted for the member's a¢e in
accordance with the applicable IRS regulations, shall become effective as
the maximum permissible dollar amount of benefit payable under the
system during the limitation year ending within that calendaz veaz.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 3. That if any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or
circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, paragraph, sentence or
word or provision or its application to other persons or circumstances and 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 this ordinance shall become effective immediately upon passage on
secorid and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 2008.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
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m dipINANCE N0.1548
~ AN ORDINANCE OF THE CILV COM-
MISShNJ OF THE CITY OF DEIAAY
BEACH,FLORIOA, AMENDING
CHAPTER 33, 'POLICE AND FIRE
o DEPARTMENTS', SUBHEADING
~ PENSIONS', OF THE CODE OF OR-
~ DINANCES OF THE. CRY OF DEL-
~ PAY BEACH, BY AMENDING SEC-
c, TION 33.82, 'BENEFIT AMOUNTS
~ AND ELIGIBILITY'; PROVIDING A
m GENERAL REPEALER CIAUSE;A
w SAVINGS CUUSE; ANp AM EF-
o FECTNE MTE.
v ORDNANCE N0: 1608
3 CODE OF ORDINANCES OF THE
~ AMENDING ESECTIONA 35.09],
v 'RETIREMENT INCOME; BASIS,
a AMOUNT, ANO PAYMENT'; PRO
YIDING A GENERAL REPEALER
CIAUSE; A VALIpNY CLAUSE; AND
AN EFFECTNE DATE.
OIIOINANCE NQ 18-05
dRrwcE3 OF THE CRY OF OEL-
RAY BEACH, BY AMENDING SEO-
IION 33.65, 'ADMINISTRATIIXX~I', TO
ALLOW THE MAVOB TO DESIG-
NATE THE ASSISTANT CITY MAN-
AGER TO SERVE ON THE BOARD
OF TRUSTEES IN LIEU OF THE
MAYOR; AMENDING SECTION
33.585, 'DEFERRED RETIREMENT
OPTION PLAN', TO PROVIDE FOR
PAYMENT OF PROP BENEFITS IN
MONTHLY INSTALLMENTS AT THE
CLAUSE; AND AN EF-
vps, mcn person meY need w eniwe
IM1]1 a veNatim remora includes me
IeelimbnY and evlaenca upon wnwn
Ine aDDeal is to be based. ine Ciry
does not provide not prepare sucn
r%pE pmvyAb F5.'m6.01fh.
cmaplD3ur aFncH
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OaYCMM
Pudah: Frtlay, Marts21, 2000
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