HomeMy WebLinkAboutO-2006-005 Police and Firefighters Pension ORDINANCE NO. 2006-005
AN ORDINANCE OF THE CITY OF DANIA BEACH; FLORIDA,
AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE
AND FIREFIGHTERS RETIREMENT SYSTEM, TO PROVIDE FOR
COMPLIANCE WITH MANDATED MINIMUM RETIREMENT BENEFITS
FOR POLICE OFFICER PARTICIPANTS REQUIRED BY CHAPTER 185 OF
THE FLORIDA STATUTES; PROVIDING THAT THE DEFINITION OF
COMPENSATION SHALL MEAN TOTAL REMUNERATION; :PROVIDING
THAT THE STANDARD RETIREMENT BENEFIT SHALL BE TEN (10)
YEARS CERTAIN; PROVIDING FOR A SUPPLEMENTAL RETIREMENT
BENEFIT FOR POLICE OFFICER MEMBERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 185, Florida Statutes, mandates specific minimum retirement
benefits for Police Officer participants of the City's Police and Firefighters' Retirement System;
and
WHEREAS, the City of Dania Beach Police and Firefighters Retirement System is not in
compliance for Police Officer participants of the Retirement System with respect to two specific
benefits; and
WHEREAS, an amendment to the City Code of Ordinances is necessary to provide
mandated minimum retirement benefits; and
WHEREAS, Section 185.35(1)(b), Florida Statutes mandates that after all minimum
benefits are provided, "additional premium tax revenues" are to be used 'only to provide extra
benefits for police officers; and
WHEREAS, the Board of Trustees of the Police and Firefighters Retirement System, in
order to comply with the aforementioned statute, recommends providing such .extra benefits in
the form of a supplemental retirement benefit for participants; and
WHEREAS, the trustees of the City of Dania Beach Police & Firefighters' Retirement
System have approved such an amendment as being in the best interests of the participants and
beneficiaries and they find that it will improve the administration of the plan; and
WHEREAS, the City Commission has received and reviewed the actuarial impact
statement concerning the cost impact of this ordinance amendment prepared by the Retirement
System's actuary; and
WHEREAS, the proposed ordinance amendment has been approved and recommended
by the Retirement System Board of Trustees;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing WHEREAS clauses are ratified and confirmed as being
true and correct and they are.made a specific part of this Ordinance.
• Section 2. That Section 18-40(9) of the Dania Beach Code of Ordinances is amended
to read as follows:
See. 18-40. Definitions.
As used herein, unless otherwise defined or required by the context,;the following words
and phrases shall have the meaning indicated:
i
O C
(9) EARNINGS means total cash compensation paid to a member for salary (including
incentive pay) and longevity in accordance with state law as follows:
Firefighter compensation or salary means the fixed monthly remuneration paid a
firefighter, where remuneration is based on actual services rendered, and includes
annual payment for unused leave, any salary reduction, deferred compensation, or
tax sheltered annuity authorized by the city and the Internal Revenue Code.
Police officer compensation or salary means the fixed monthly total remuneration
paid a police officer, including overtime up to three hundred (300) hours per
police officer per calendar year, where remuneration is based on actual services
rendered, and includes any salary reduction, deferred compensation, or tax
2 ORDINANCE#2006-005
sheltered annuity authorized by the city and the Internal Revenue Code., but
ineluding excluding any payments for extra duty or special detail work performed
on behalf of a second party employer.
Section 3. That Section 18-42 of the Dania Beach Code of Ordinances is amended to
read as follows:
Sec. 18-42. Benefit amounts and eligibility.
(2) NORMAL RETIREMENT BENEFIT.
(a) Duration. A member retiring hereunder on or after the member's normal
retirement date shall receive a monthly benefit, which shall commence on the
member's retirement date and be continued thereafter as follows:
(i) Firefighter members: For ten (10) years certain and during the
member's lifetime thereafter.
(ii) Police officer members: , eeasing upon
deter For ten (10) years certain and during the member's lifetime
• thereafter.
Other optional forms of payment providing death benefits shall also be available as
specified herein.
(11) Supplemental Retirement Benefit: All police officer members, in addition to all
other benefits provided in this Article, are to be provided an annual supplemental
retirement benefit. Entitlement to such supplemental retirement benefit shall be
determined annually based upon the receipt by the Fund of any "additional
premium tax revenues," as defined in subsection 185.35(l)(b) of the Florida
Statutes. Payment of such supplemental retirement benefit shall be made annually
to each police officer member (defined for this subsection only as a retiree,
survivor benefit recipient, disability benefit recipient or vested terminated and
DROP participant) no later than the 1st of December ;after receipt of the
"additional premium tax revenues" from the state, beginning' with the year 2005,
provided that it has been confirmed in writing that the member is alive on such
date. The amount of such supplemental retirement benefit shall be equal to the
quotient of the total amount of all "additional premium tax revenues" received by
the Fund during that calendar year (regardless of the year to which the revenues
related divided by the number of members. Such supplemental retirement benefit
3 ORDINANCE#2006-005
shall be added to the next monthly benefit payment or paid separately as the
• trustees may from time to time decide.
Section 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. 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.
Section 6. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on February 14, 2006.
PASSED and ADOPTED on second reading on
February 28', 2006.
1/.rt -,
• ANNE CASTRO
MAYOR—COMMISSIONER
TA
EST: ROLL CALL:
COMMISSIONER ANTON - YES
6U%4_t__1_1IiTp_�4) COMMISSIONER BERTINO —YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
� l
BY: AA
TH MAS J. AJNVtkO
CITY ATTORNEY
4 ORDINANCE#2006-005
0
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
•Robert A.Sugarman* 2801 Ponce De Leon Boulevard
Howard S.Susskind Suite 750
Kenneth R.Harrison,Sr. Coral Gables,Florida 33134
David E.Robinson (305) 529-2801
D.Marcus Braswell,Jr. Broward 327-2878
Pedro A.Herrera Toll Free 1-800-329-2122
Facsimile (305) 447-8115
oBoard Certified Labor
&Employment Lawyer
February 6, 2006
Tom Ansbro, City Attorney
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Re: City of Dania Beach Police &Firefighters'Retirement System— Chapter 185, FS
mandatory minimums
Dear Mr. Ansbro:
This firm represents the City of Dania Beach Police & Firefighter's Retirement System.
Our client has directed that we provide a review of the recent Ordinance Amendment considering
. the Chapter 185, FS mandatory minimum benefits for police personnel of the City of Dania
Beach. This review is being provided to summarize the provisions of the proposed ordinance
amendment.
The Ordinance amendment is worded to specifically address State of Florida mandated
minimum benefits for Police Officers. The intent is to enact the remaining mandated minimums,
establishing that the standard benefit shall be ten years certain and life thereafter and amending
the definition of compensation to include total pay (including up to 300 hours of overtime). As
you are aware all police officer participants in this plan have already retired or entered the DROP
(retired for purposes of the plan) therefore these changes will have no cost impact to the plan or
the City(you have a copy of the actuary's impact statement).
Additionally, this amendment provides for a supplemental retirement benefit that is
intended to distribute the reserve funds (the funds that result from the increase over the state
funds received for the year 1997) which may only be used for funding of the state mandated
minimums or additional benefits. The distribution of these funds meets the definition of
additional benefits stated in chapter 1865, FS, and will result in no added cost to the plan or to
the city.
•
• The enactment of the proposed ordinance amendment will allow the plan to meet all
mandated requirements of Chapter 185, FS without increasing the cost:to the plan or the City.
We request that you place this ordinance amendment on the first commission agenda in February
of 2006.
Thank you for your attention to this matter. Should you have any other questions, please do not
hesitate to contact our office.
Yours truly,
KENNETH R. HARRISION, SR.
KRH/
cc: Board of Trustees
•
•
•
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. 2006-005
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES RELATING TO THE
POLICE AND FIREFIGHTERS RETIREMENT SYSTEM, TO
PROVIDE FOR COMPLIANCE WITH MANDATED MINIMUM
RETIREMENT BENEFITS FOR POLICE OFFICER PARTICIPANTS
REQUIRED BY CHAPTER 185 OF THE FLORIDA STATUTES;
PROVIDING THAT THE DEFINITION OF COMPENSATION SHALL
MEAN TOTAL REMUNERATION; PROVIDING THAT THE
STANDARD RETIREMENT BENEFIT SHALL BE TEN (10) YEARS
CERTAIN; PROVIDING FOR A SUPPLEMENTAL RETIREMENT
• BENEFIT FOR POLICE OFFICER MEMBERS; 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