HomeMy WebLinkAboutO-2025-009 Amending Ch. 18 Sec. 18-42 Firefighter Pension Survivor BenefitsORDINANCE NO. 2025-009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 18, ENTITLED “PENSIONS AND
RETIREMENT”; TO AMEND ARTICLE IV, ENTITLED “POLICE AND
FIREFIGHTERS”; AT SECTION 18-42; ENTITLED “BENEFIT AMOUNTS
AND ELIGIBILITY”, IN ORDER TO INCLUDE CLARIFYING LANGUAGE
TO ENABLE THE FULL APPLICATION OF THE 2022 AMENDMENT AS TO
BENEFITS; FOR PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERALITY; CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 2022, the City of Dania Beach Police and Firefighters Retirement System
requested a $5,000.00 annual increase for certain of its participants and beneficiaries and this
Ordinance amendment is applicable solely to those former employees and surviving beneficiaries
who were eligible pursuant to the terms of the City’s code; and
WHEREAS, according to the actuarial impact statement, the original intent of this
additional benefit was to be given to then currently retired pensioners, including survivor
annuitants who were then currently receiving benefits for their lifetimes only; and
WHEREAS, Ordinance No. 2022-027 provided that after October 1, 2022, then retirees
would be entitled to the additional $5,000.00 benefit, but inadvertently omitted survivor annuitants
who were then currently receiving benefits from this benefit which was contrary to the intent of
the ordinance and its subsequent actuarial funding; and
WHEREAS, if the City were to amend City Code section 18-42, to reflect the original
intent of the parties from 2022, to include the then-surviving annuitant beneficiaries who were
receiving benefits there would be no cost impact to the City, as the actuarial impact statement from
2022 included the cost of the-then-surviving joint annuitant beneficiaries who were receiving
benefits as part of the requisite actuarial impact statement presented to the City Commission upon
enactment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
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Section 2. That Chapter 18, entitled “Pensions and Retirement”, at Article IV, entitled
“Police and Firefighters”, at section 18-42, entitled “Benefit amounts and eligibility”, be amended
as follows:
CHAPTER 18
PENSIONS AND RETIREMENT
ARTICLE IV
POLICE AND FIREFIGHTERS
* * *
Sec. 18-42. Benefit amounts and eligibility.
(1) NORMAL RETIREMENT DATE.
(a) A firefighter member's normal retirement date shall be coincident with or next following
the earlier of when he both attains his fifty-fifth birthday and completes eight (8) years
of continuous service or completes twenty-five (25) years of continuous service. Except
as provided herein, a member may retire on his normal retirement date or on the first day
of any month thereafter. Each member shall become one hundred (100) percent vested
in his accrued retirement benefit on his normal retirement date.
(b) A police member's normal retirement date shall be coincident with or next following the
earlier of when he both attains his fifty-fifth birthday and completes ten (10) years of
continuous service or completes twenty-five (25) years of continuous service. Except as
provided herein, a member may retire on his normal retirement date or on the first day
of any month thereafter. Each member shall become one hundred (100) percent vested
in his accrued retirement benefit on his normal retirement date.
(c) A member who has completed ten (10) or more years of continuous service may elect a
normal retirement date which is four (4) years earlier than otherwise provided for
pursuant to subsections (a) and (b) above, provided that the member pays the full
actuarial cost thereof by his or her payment of increased contributions, a lump sum
payment or a diversion of his or her payments from the deferred retirement option plan
(DROP), or any combination thereof. The member's payment must be completed prior
to the normal retirement date or conclusion of participation in the DROP, whichever
occurs last. The number of earlier retirement years, when combined with any credits
purchased by a member pursuant to section 18-41(3)(c) or (d), shall not exceed four (4).
* * *
(13) ADDITIONAL RETIREMENT BENEFIT.
(a) Effective October 1, 2022, all police and firefighter retirees and only those police and
firefighters’ survivor joint annuitants receiving benefits as of October 1, 2022, and
DROP participants who are then receiving benefits, or DROP account credits, shall
receive an additional monthly benefit of four hundred sixteen dollars and sixty-seven
cents ($416.67) payable for his or her lifetime.
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(b) Effective October 1, 2022, all police and firefighter employees who retire on after
October 1, 2022, shall receive an additional monthly benefit of four hundred sixteen
dollars and sixty-seven cents ($416.67) payable for his or her lifetime, only. Police and
firefighter survivors are not entitled to this additional benefit.
* * *
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4. That it is the intention of the Mayor and City Commission of the City of
Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
Section 5. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on March 31, 2025.
PASSED AND ADOPTED on second reading on May 13, 2025.
First Reading:
Motion by: Vice Mayor Salvino
Second by: Commissioner Lewellen
Second Reading:
Motion by: Vice Mayor Salvino.
Second by: Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
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SIGNATURES ON THE FOLLOWING PAGE
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ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY