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Home My WebLink AboutO-1995-005ORDINANCE NO. oq-ss AN ORDINANCE TO THE CITY OF DANIA, FLORIDA AMENDING CHAPTER 18 OF T}IE CODE OF ORDINANCE OF THE CITY OF DANIA ENTITLED 'PENSIONS AND RETIREMENT- TO COMPLY WITH CHAPTER 94-171, FLORIDA STATUTES, TO PROVIDE THAT THE ST-]RVIVING SPOUSE OF ANY MEMBER OF THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM KILLED IN THELINE OF DUTY SHALL NOT LOSE SURVIVOR RETIREMENT BENEFITS IF TI{E SPOUSE REMARRIES, PROVIDING FOR A SAVTNGS CLAUSE, PROVIDING FOR REPEALER., AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO JTILY I, 1994, WHEREAS, the current Police and Firefighters' Retirement System provides that the death benefit paid to surviving spouses of police omcers or firefighters who die in the line of duty shall terminate upon the spousers remarriage, and WHEREAS, such provisions have been specifically prohibited by Chapter 94-171, Laws ofFlorida, which took effect on May 13, 1994, and WHEREAS, the City Commission is desirous of amending the provisions of the Retirement System to comply with the Florida law, and WFIEREAS, the City Commission is desirous of amending the provisions of the Retirement System to comply with this federal law, and WHEREAS, the City Commission has received and reviewed an actuarial impact statement of these changes, and That Section 18-42(a)(a) is hereby amended as follows I Section l. WHEREAS, the provisions should be amended to assure that a surviving spouse receives a benefit at least equal to the member's accrued benefit, and WHEREAS, the federal Unemployment Compensation Amendment of 1992 requires amendment ofthe Police and Firefighters' Retirement System, and NOW THEREFORE, be it ordained by the City Commission of the City of Dania, Florida as follows. (4) PRERETIREMENTDEATH (a) Service incurred. A death benefit shall be payable on behalfofany member who dies as a direct result of an occumence arising in the performance of service, as follows. (1) To the spouse,lor ife, until the +mlier el death or remarriage, a monthly benefit equal to forty per cent (40%) of the member's acerued benefit or average monthly earnings whichever is areater- plus, (2) For each unmarried child until he or she shall have reached the age of eighteen (18) years, and for each unmarried child fiom age eighteen ( t 8) until age twenty-two (22) who is a full-time student in a fully accredited high school, college or university, there shall be paid in equal monthly installments, an amount equal to seven and one-halfper cent ('lyryo) ofthe average monthly earnings subject to an overall limitation of a total of seventy-five per cent (7 5%) of average monthly earnings for the spouse and children combined. The nonstudent child's pension shall terminate on the earlier of death, marriage or the attainment ofage eighteen (18); the pension of a child who is a student shall terminate on the earlier of death, marriage or attainment of age twenty-two (22). Legally adopted children shall be eligible the same as natural children. Upon remmriageor death of the spouse, the seven and one-half per cent (7%%) clnld allowance shall be increased to fifteen per cent (15%) for each child, not to exceed a combined total of fifty per cent (50%) of the member's average monthly earnings. The trusteeship and disbursements ofthe pension to any child or children shall be determined by the board of trustees. Section 2. That Section l8-42 of Chapter l8 ofthe Code of Ordinances ofthe City of Dania, Florida is hereby amended to add subsection (9) to read as follows. (9) DIRECT TRANSFERS OF ELIGIBLE ROLLOVERDISTRIBUTIONS (a)General This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision ofthe plan to the contrary that would otherwise limit a distributee's election under this subsection, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2 (b) Definitions L Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include. any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section a01(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. 2. Eligible Retirement Plan: A eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, and annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case ofan eligible rollover distribution to the surviving spouse. an eligible retirement plan is an individual retirement account or individual retirement annuity. 3. Distributee: A distributee includes an employee or former employee. In additioq the employee's or former employee's surviving Spouse is a distributee with regard to the interest ofthe Spouse. 4. Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Section 3. That all sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordinances, all charter sections or parts of sections, and all resolutions or parts ofresolutions in conflict herewith, be and the same are hereby repealed to the extent ofsuch conflict. Section 4. If any word, pkase, clause, subsection or section of this ordinance is for any reason held unconstitutiona.l or invalid, the invalidity thereof shall not effect the validity ofany remaining portions of this ordinance. Section 5. This ordinance shall take effect retroactive to July '1, 1994, and any surviving spouse whose service incurred death benefit terminated because of remarriage shall have the benefit reinstated as ofJuly l, 1994. 3 199s ATTEST City Clerk APPROVED FOR FORM AND CORRECTNESS By.*^ ? c1P- FRANK C ADLER, City Attorney PASSED AND ADOPTED on first reading this 9th day of l4ay PASSED AND ADOPTED on second and final reading this 23rd day ofl,lay , 1995 Mayor - 4 DNPF,Death.Ord -. TI S E fl T I f, E LprEt-r sflED olrLr TTudEr(oTLE, BROYARD G OUIITY r FLONIDAllT0ltr PALil BEACH COUilfY, FLORIDTiIAifr DrDE COUITYT FL0RIDA FORT BO CA STATE OF fLONIDA COUITTY OF BROU ARD'P IL'I EE R TH DiRS GiIED BE A CII 'D ADE AUTHOR ITI PENSOf,ALLY T PPEA RE D .. UHO Oil OTTI{ SAYS THATD R EPNESEIITATIYE Of THE t{OlICE OF HEANNOBEFONE CITY COM.MISSION CITY OF DANIA,FLORIDA. BEG AF DINGAOOPTION OF THE FOL.LOWING PROPOS EDORDINANCE:NOTICE IS HEREBY GIV.EN that tha Cllv Commls-slon ol the Clli ol Danls, Florida, on May 23. 1995 at7:30 p.m. or aa soon lhsr€-all6r as lh€ mallor mey behoard, wlll conduct s publichearlnq In lhe Cllv Comml3-sion room o, th€ Danla CllvHell 1OO W*l Denl, Fle..6 Boul€vard, D6nla, Florlde loconslder lh6 proposad sdopllon ol lh6lollowino or-din{ince 6nlllled:AN ORDINANCE OFTHE CITY OF DANIA,FLOFIDA. CHAPTEA 18 OFTHE COOE OF OFDI.NANCES OF THE CITY OFDANIA ENfITLEO'PEN-SIONS AND FETIFEMENT'TO COMPLY WITH CHAP.TER 94-171, FLOFIOASTATUTES, TO PAOVIDETHAT THE SURVIVINGiSPOUSE OF ANY MEMBEN OF fHE POLICE AND FIBE-FIGHTERS'FEIIBEMENT SYSTEM SHALL NOT LOSESURVIVOR RETIREMENTBENEFITS IF THE SPOUSEREMAFFIES: PBOVIDINGFOR OIFECT TRANSFERSOF ELIGIBLE BOLLOVERDISTRIBUTIONS; PROVIO-ING FOF A SAVINGSCLAUSE: P ROVIDINGTHAI ALL OBDINANCESOB PAFTS OF OBDI.NANCES ANO ALL RESO.LUTIONS OR PARTS OFBESOLUTIONS IN CON.FLICT HEREWITH BE RE.PEALED TO THE EXIENTOF SUCH CONFLICTT AND PROVIDING FOB AN EF-FECTIVE DATE.FE] ROACI IVE iOJULY 1, 1994.A copy ol lhls propos€d ordlnanc€ ls on llls ln rheolllce o( lh€ Cltv Clerk ClrvHall loo w*l 6.nlr i...6 Bouleva.d, Danla. Florid6.and may b€ lnsp6cled bylhs publlc durlnO.ormalworklno ho'rrs.lnl€;eslsd psrlles may6pp6a. ai lhe aloresald meellng and b€ h€Brd wllhrospect lo lh6 proposed. Any person who d6cld6slo app€al any d6clBlon mad€ by lh6 Clly Commls-slon wllh r*pocl lo anymal16r consld6rod at thlsh€arlno willn6€d 6 record ollhe pioc66dlngs and lor Buch purpos€ mey need toonsure lhal e v€rballm 16-cord ol lho p.oc66dlngs lsmad€ shlch r6cord ln-cudei th6 r..llmonv andcvldenca upon whbh tharyp.d l! to b. bl!.d./rMa.lc J.b!l.e IS A UL THORI CLAS IIEUS IED DEPARTIIENT Of THE S Ufl- S EX TI tlELr DIILfR PUBLISHED II{ BROI'ARD'PALT BETTH/ DADE COU}ITY, FLORIDA THAT TI{E ATTICHED COPY Of ADVERTISETEIITE EEIIIG A IiOTI CEOFHE ARIN6 IX THE IiATTES Of PE'ISIOTS & RETIREIIEXT HE sta0Rr{ THIS1.0. II fHE CITCUIT COURIT UAS PUBLIS|IEo IX SIID TIIE ISSUES OfC t O5ll3t I I IIEISPAPCN Iil 517E015 AFFITITT 'UNTIER SAYS THAT TH€ SIID SUTI.SEfTTIIIEL IS T iIEUSPAPER PUBLISHED III SAID BROITRD'PALi BEACII/DADE COU TT, FLONIDA, TITD THAT THE SAID I{EISPAPER HAS HERETOFONE EEEIT COilTII{UOUSLY PUELISHED II{ SIID B8OUARD'PALi BEACH/DAOE COU TYe FLORIDIe EACH DAYr tt{D HAS 8€El{ EtiITERED AS SECOIP CLASS TATTEN AT THE POST OFFICE II{ FORT LAUDENDALEE III SAID Bn0yARD COU fYe FLORIDAT FOR t PERI0D OF OIE I€lR XEXT PRECEDIITG THE FIRST PUBLIC ATIO?{ OF THE ATTICXfD COPI OF ADVERTISEITEHU AilD AFFIAIIT FURTH€R SAYS THAT HE/SHE HAS ,{EITHER PAID llOR PROiISED AllY PERS0llr FIRi OR CORPORATIOilllY DISCOUT{Tr R€8ATEz COtitllSSIOtt OR REFUT{D FOR THE PUIP0SE OF SECURII{G 'HIS ADVERTISETTE'{T FOR PUBLICATIOII IX SIID I{EUSPAPER. (r 6r{UR E F AFF T) TO A I{D SUESCRIEED1:l DAY OF nAr FORE IIE &-r*,...X..( SI6}IATUNE OF OTARY PUBLIC) TABA L. 8Ez^'( MY C$nff$off, @95@ P|8ES .rry 20, tS/1106 rral Trr nff r6tRrE. !c. ( N'TII E OF T{OTARY TYPED, P ED OI ST AIIPE D ) PEnSoNILLY K{0r' ...- EI PRODUC ED I DE}II IFICATIOII OR ia.v 13, Cltv Clertlrea