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Home My WebLink AboutO-2006-006 GE Pension Changes i ORDINANCE NO. 2006-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE, FOR COMPLIANCE WITH FEDERAL LAW CONCERNING EMPLOYEES MOBILIZED FOR MILITARY DUTY; PROVIDING THAT MEMBERS OF THE CURRENT CITY PLAN MAY ATTAIN .VESTED STATUS IN THE PLAN UPON COMPLETION OF SIX (6)1 YEARS OF CREDITED SERVICE; AMENDING THE PLAN TO IDENTIFY THE REQUIREMENTS APPLICABLE TO NEW GENERAL EMPLOYEES, HIRED ON OR AFTER MARCH 1, 2006 AND REQUIREMENTS APPLICABLE TO FUTURE ELECTED OFFICIALS, IN CONNECTION WITH SUCH EMPLOYEES' AND OFFICIALS' MANDATORY PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the City currently provides a retirement age of fifty-five with eight years of credited service for General Employees; and WHEREAS, the City Commission wishes to amend the General Employees Retirement Plan ("Plan") ordinances to provide that current members may attain vested status in the Plan upon completion of six (6) years of credited service rather than eight years; further, the City Commission wishes to provide that new general employees hired on or after March 1, 2006 and future elected officials shall become members of the Florida Retirement System; and WHEREAS, other amendments to the Plan, identified in the title to this ordinance, have been recommended by the Retirement Plan Board of Trustees; and WHEREAS, the City Commission has received and reviewed Ithe actuarial impact statement concerning the cost impact of this ordinance amendment preparied by the Retirement Plan's actuary; and WHEREAS, the proposed ordinance amendment has been reviewed and recommended by the Retirement Plan Board of Trustees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONVIM i ISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That Section 18-29 of the City Code of Ordinances is amended to read as follows: . i I Sec. 18-29. Definitions. e • (i) Credited service means uninterrupted service (expressed asl'years and completed months) from the date a member last entered employment or entered office as an elected public official until the date his employment or term of office shall be terminated by reason of death, disability, retirement, resignation or discharge, subject, however, to subsection 18-29.1(d) herein; provided, however, the credited service of any member shall not be deemed to be interrupted by reason of: I i (1) Paid vacation. (2) Any authorized leave of absence. (3) Time spent in military service for the United State's provided he or she reenters the service of the city within the later of the statutory period during which his or her reemployment is guaranteed, in accordance ;with the Uniformed Services Employment and Reemployment Rights Act (USERRA) or within sixty (60) days following release or dischargeeNo member- shall be entitled te er-edited sen,iee dur-ing or- by feasen ef absence dtle to authorized leaves of absenee of militar-y r. I sen,iee7 hewever-7 sel All members similarly situated in similar circumstances shall be treated alike pursuant to uniform nondiscriminatory rules and • policies established by the board of trustees. e • e � i Section 2. That Section 18-29.1 of the City Code of Ordinances is amended to read as follows: Sec. 18-29.1 Membership. (a) Conditions of eligibility. I • • • (4) Effective September 1, 1973,.all present employees, and all employees hired on or before February 28, 2006, as a condition of continued employment by the city shall become members of the system whether or not they have completed one year of continuous employment. employment, on !late of hire by thv eit L • 2 ORDINANCE#2006-006 Any employee hired on or after March 1, 2006 shall be ineligible for membership in the plan and shall become a member of the Florida Retirement System. (5) a. For any employee hired on or before February 28, 2006, Mmembership in the plan shall be mandatory as a condition of employment with the city; provided, however, (i) that any person who is an employee on the amended plan effective date but who is not already a member of the prior plan may, elect not to enter the plan in which case he shall not be eligible for any of the benefits provided by this plan; and (ii) that any employees who were excluded from the plan because of age at the time of their original employment but who subsequent thereto have become eligible and qualified to participate and be a member of the!plan may elect not to participate in the plan, in which case they shall not be eligible for any of the benefits provided by this plan. Such an employee shall havethe right to become a member of the plan at a later date and receive credited service pursuant to subsection (d) below. Membership in the plan shall be optional for persons appointed to the positions of city manager and city attorney. As an alternative to membership in the plan, the city manager, the city attorney or both may elect to have funds equal to the amount that would otherwise be contributed to the plan by the city on their behalf, either deposited into a deferred compensation plan of their choice or paid to them as additional compensation. . b. Any employee hired on or before February 28, 2006,1 shall have the option to elect in writing_to either remain in the City plan or; to join the Florida Retirement System on March 1 2006 (the "election notice"). Further, any employee electing to join the Florida Retirement System shall designate one of the following choices on the election notice: (i) The employee's contributions shall remain inithe City plan and the employee will retain any vested membership credit in the City's plan. The employee will be ineligible to purchase past service credit in the Florida Retirement System to the extent that the employee retains vested membership credit inl the City's plan. (ii) The employee is withdrawing all of the employee's contributions, with interest, from the City's Plan and the employee is not retaining any vested membership credit with the City plan. Subject to the rules of the Florida Retirement System, the employee may be eligible to purchase past service credit in the Florida Retirement System utilizing the employee's contributions. i Any employee who fails to submit an election notice to! the City within the timeframe established by the City Manager, is to deemed to have elected to become a member of the Florida Retirement System. 3 ORDINANCE#2006-006 i i I 6 i i i b. Any elected official elected on or before February_28, 2006, shall have the option to elect in writing to either remain in the City plan 'or to join the Florida Retirement System on March 1 2006 (the "election notice"). Further, any elected official electing to join the Florida Retirement System shall designate one of the following choices on the election notice: (i) The elected official's contributions shall rerhain in the City plan and the elected official will retain any vested membership credit in the Citesplan. The elected official will be ineligible to purchase r past service credit in the Florida Retirement!System to the extent that the elected official retains vested membership credit in the City's plan. i ii The elected official is withdrawing all of 'the elected official's contributions, with interest, from the City's iPlan and the elected official is not retaining any vested membership credit with the City plan. Subject to the rules of the Florida Retirement System, the elected official may be eligible to purchase past service credit in the Florida Retirement System utilizing the elected official's contributions. Any elected official who fails to submit an election notice to the City within the timeframe established by the City Manager, is deemed to have elected to become a member of the Florida Retirement System. 1 Section 3. That Sec. 18-29.2 of the Dania Beach Code of Ordinances is amended to i read as follows: i Sec. 18-29.2. Retirement dates and benefits. (a)Normal retirement date. A member may retire on the first day of;the month coincident with or next following that date on which such member attains age sixty (60) and completes ten (10) years of credited service; provided, however, any member of the priori plan on the amended plan effective date who is age fifty-eight (58) or older on such date may retire at age sixty (60) or older regardless of his or her length of credited service. Commencing on April 8, 1986, each member's normal retirement date shall be the first day of the month coincident with or next following the later of the member's fifty-fifth birthday or the date he or she completes ten (10) years of credited service as an employee or eight (8) years of credited services as an elected ipublic official. This provision shall not apply to any member whose employment termination i 4 ORDINANCE#2006-006 date precedes April 8, 1986. Commencing on October 1, 2000, each member's normal retirement date shall be the first day of the month coincident with or next following the date on which the member attains either age fifty-five (55) and eight (8) years of credited service or attains age fifty (50) and completes twenty-five (25) years of credited service as an employee. This provision shall not apply to any member whose employment termination date precedes October 1, 2000. Commencing retroactive to January 24, 2006, each member's normal retirement date shall be the first day of the month coincident with or next following the date of which the member attains either age fifty-five55) and six (6) years of credited service or attains age fifty (50) and completes twenty-five years of credited service as an employ O O Section 4. That Sec. 18-29.4 of the Dania Beach Code of Ordinances is amended to read as follows: Sec. 18-29.4. Termination benefits. (a) Subject to the provisions in subsection (b) below with respect ,to members with five (5) years' credited service under the prior plan, all rights to benefits under this plan shall cease upon a member's termination of employment, other than by reason of early, normal, or delayed retirement (at which time members are one hundred per cent (100%) vested); however, aAll members shall acquire a vested right to their accrued benefits pursuant to'the following vesting • schedule: Vesting Schedule Completed years of credited Cumulative vested nonfgrfeitable service with the city interest in the accrued benefit i Less than 9 6 0% 9 6 or more 100% Any member not eligible for an early, normal or delayed retirement benefit btA who has a vested interest at time of termination shalil receive such benefit commencing at a normal retirement date, which shall be age,fifty-five (55) for members who have less than twenty-five (25) years of credited service as an employee and age fifty (50) for members who have twenty-five! (25) or more years of credited service as an employee.; provided, h-Iowever, a member may elect to receive a deferred benefit upon attaining age fifty (50), or any date thereafter, the benefit in such case to be actuarially reduced' as for early retirement. D,.,,< ide f4fl r-, tIn lieu of all other benefits under this'amended plan, a terminated vested member whether- eF not vested, may elect to receive in a lump sum immediately on termination of employment payment of an amount equal to his or her accumulated contributions. 5 ORDINANCE#2006-006 i Section 5. That except as amended above, all other provisions of Chapter 18 of the • ' Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 6. That all ordinances or parts of ordinances and all resolutions,or parts of i resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 7. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. PASSED on first reading on February 14, 2006. PASSED and ADOPTED on second reading on February 28, 2006,. G,.;CA ANNE CASTRO MAYOR—COMMISSIONER i • AT EST:. ROLL CALL: COMMISSIONER AN TON - YES COMMISSIONER BE�RTINO—YES LOUISE STILSON, CMC COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: BY: THO AS . AN R CITY AT' ORNEY 6 ORDINANCE 42006-006 B • NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE: NOTICE IS GIVEN that on February 28, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinance: ORDINANCE NO. 2006-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE FOR COMPLIANCE WITH FEDERAL � LAW CONCERNING EMPLOYEES MOBILIZED FOR MILITARY DUTY; PROVIDING THAT MEMBERS OF THE CURRENT CITY; PLAN MAY ATTAIN VESTED STATUS IN THE PLAN UPON COMPLETION OF SIX (6) YEARS OF CREDITED SERVICE; AMENDING THE PLAN TO IDENTIFY THE REQUIREMENTS APPLICABLE TO NEW GENERAL EMPLOYEES, HIRED ON OR AFTER MARCH 1, 2006 AND REQUIREMENTS APPLICABLE TO FUTURE ELECTED OFFICIALS, IN CONNECTION WITH! SUCH EMPLOYEES' AND OFFICIALS' MANDATORY PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at'least 48 hours prior to the meeting. /s/Louise Stilson City Clerk • Run in Sun Sentinel: February 17, 2006