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HomeMy WebLinkAboutO-2002-008 ORDINANCE NO. 2002-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM, PROVIDING THAT THE NUMBER OF YEARS REQUIRED TO BECOME VESTED IN THE RETIREMENT SYSTEM BE REDUCED FROM TEN (10) TO EIGHT (8); PROVIDING THAT PARTICIPATION IN THE DEFERRED RETIREMENT OPTION PLAN (DROP) BE INCREASED FROM FIVE (5) TO SEVEN (7) YEARS AND THAT THE MAXIMUM TOTAL OF CREDITABLE SERVICE AND DROP PARTICIPATION BE INCREASED FROM THIRTY (30) TO THIRTY-TWO (32) YEARS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has entered into a collective bargaining agreement with Metro-Broward Professional Firefighters, Local 3080 (District 1 - Dania Beach), to amend a certain section of the City of Dania Beach Code of Ordinances relating to the Police and Fire Fighters Retirement System, 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. Sec. 18-42(1)(a), of the Dania Beach Code is hereby amended by adding the underlined language as follows: ORDINANCE NO.2002-008 (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 tom; (4-0) ht 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 percent (100%) vested in his accrued retirement benefit on his normal retirement date. Section 2. Sec. 18-42(4)(c), of the Dania Beach Code is hereby amended by deleting the strinken through language and adding the underlined language as follows- (4) PRERETIREMENT DEATH. (c) Vested members: (1) If a member with +lei ht 8 or more years of continuous service should die while employed by the city prior to reaching normal retirement age, the designated beneficiary shall receive the benefit provided in paragraph (a) or (b) above until death. On the first day of the month after the member would have reached normal retirement age and thereafter, the designated beneficiary shall receive the greater of the benefit provided by paragraphs (a) or (b) above, or the vested survivor benefit provided by paragraph (3), below. (2) If a member with ten (4-O)ei ht 8 or more years of continuous service has not withdrawn the member's contributions from the fund and should die after terminating employment with the city but before reaching normal retirement age, the designated beneficiary shall be entitled to any and all benefits otherwise payable to the member at the member's early or normal retirement date or may elect to receive the benefit provided in paragraph (3) below, payable on the first day of the month after the member would have reached normal retirement age. Section 3. Sec. 18-42(5), of the Dania Beach Code is hereby amended by deleting the stFiGken through language and adding the underlined language as follows: (5) VESTING. If a member terminates his employment with the police or fire departments or sheriff, either voluntarily or by lawful discharge, and is not 2 ORDINANCE NO. 2002-008 eligible for any other benefits under this system, he shall be entitled to the following: (a) With less than tlei ht 8 years of continuous service — Refund of accumulated contributions. (b) With tlei ht 8 or more years of continuous service: (1) The pension benefit accrued to his date on termination, payable commencing at his otherwise earliest normal retirement date or, his early retirement date, provided he does not elect to withdraw his accumulated contributions, and (2) Refund of accumulated contributions. Any member of this system who, for whatever reason, has his employment with the sheriff or city as a police officer or firefighter terminated, but who remains with or was previously employed by the city or sheriff in some other capacity so that his total period of employment with the city or sheriff, or both combined, t��0)ei hq t (8) years or more, shall have all benefits accrued under this system preserved, provided he does not elect to withdraw his accumulated contributions. Such accrued benefits shall be payable at his otherwise normal retirement date, in accordance with the provisions of this ® system. For purposes of determining normal retirement date under this vesting provision, continuous service shall include all continuous employment as an employee as herein defined as well as the period of time subsequent to termination as an actively employed and contribution member of this system; provided further, however, that benefits shall not be payable under this system during any period of continued employment by the city or the sheriff. Section 4. Sec. 18-42(8), of the Dania Beach Code is hereby amended by deleting the StFiGken through language and adding the underlined language as follows: (9) EARLY RETIREMENT BENEFIT. (a) Early retirement date. A member's early retirement date shall be the first day of the month coincident with or next following the earlier of when the member completes twenty (20) years of continuous service or both attains fifty (50) years if age and completes tlei ht 8 years of service. Section 5. Sec. 18-43(b), of the Dania Beach Code is hereby amended by deleting the stFiGken through language and adding the underlined language as follows. 3 ORDINANCE NO. 2002-008 (b) Deferred retirement option plan. A member may enter into the deferred retirement option plan (DROP), which plan is to be created and administered by the board of trustees of the fund on the first day of any moth following the completion of at least twenty-five (25), but less than thirty (30) years of credited service. The maximum duration of participation in the DROP shall be the number of years which, when added to the number of years of all creditable service which the member has in the Retirement System, equal a total of thirty-two 32 {38 years, or for a participant who is the head of a city department equal thirty-two and one-half (32 1/2) years. In any case the total participation in the DROP shall not exceed five (5) seven 7 years or seven and one-half (7.5) years for a department head, and participation will end if the employee resigns, dies or is terminated for just cause. Section 6. Sec. 18-43(b), of the Dania Beach Code is hereby amended by deleting the str+sl4en through language as follows: Members electing a self-directed DROP must do so by the following deadlines: (G) For new DROP partiGipants: Thirty (30) days after DRO. effeGtive ® date as established aboyo cfcrc�—ca�—a.�rry established above. Section 7. Sec. 18-44(1)(a), of the Dania Beach Code is hereby amended by adding underlined language as follows: Section 18-44. Contributions. (1) MEMBER CONTRIBUTIONS. (a) Amount. ...For firefighter members, hired prior to October 1, 2001 two percent (2%) of each employee's earnings shall be deducted from the employee's earnings, for firefighter members hired after September 30 2001 this amount shall be six point four-six percent (6.46%), the remainder of the firefighter member employee contributions shall be paid and assumed by the City of Dania in lieu of payroll deductions from firefighter members' earnings. ... 4 ORDINANCE NO. 2002-008 Section 8. 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 of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 9. If any word, phrase, clause, subsection, or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. Section 10. This ordinance shall take effect retroactively to October 1, 2001. PASSED AND ADOPTED on first reading this 22nd day of January, 2002. PASSED AND ADOPTED on second and final reading this 26th day of February, 2002. ® PATRICIA FLURY MAYOR - COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES Uh VW COMMISSIONER MCELYEA - YES CHARLENE J H SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AST F RM AND CORRECTNESS: � . BY:. THOM S X ANSBRO CITY ATTORNEY DNPF.ORDN.CB01[12/05/01] 5 ORDINANCE NO. 2002-008 CITY OF DANIA BEACH FIRE-RESCUE DEPARTMENT INTER-OFFICE MEMORANDUM e TO: Ivan Pato, City Manager FROM: Michael Brown, Deputy Fire Chiec RE: Agenda — February 5, 2002 DATE: January 24, 2002 Attached hereto is backup material (Sections 21.8 and 21.9 and 21.10) which states in Section 21.8 that "...the City Commission shall pass an ordinance amending Article IV of the Dania Code to enact and codify the changes set forth in this Article, with such changes to be effective on the dates shown herein." Accordingly, I hereby request that this language from the current Collective Bargaining Agreement be added to the backup materials previously submitted. If anything further is needed, please let me know. MB:clb attachment cc: Charlene Johnson, City Clerk retirement benefit and shall continue until the employee or the employees spouse dies or until his children are not longer eligible for dependents benefits, whichever occurs later. The schedule of benefits for such retiree coverage shall not be less than is in effect for active employees and the provision of this benefit shall be contingent upon the remainder of the cost being timely paid by the retiree, spouse or dependents, or paid as provided in ' 2 hereof. 21.8 Within ninety (90) days after the ratification of this agreement, the City Commission shall pass an ordinance-amending Article IV of the Dania Code to enact and codify the changes set forth in this Article, with such changes to be effective on the dates shown herein. 21.9 The Retirement System set forth in Chapter 18, Article IV of the Dania Beach Code shall be amended, effective October 1, 2001, to provide (changes are underlined below): " a. the normal retirement age in section 18-42(1)(a) shall be 25 years of continuous service or age 55 and 8 years 'of continuous service; b. the references to 10 years of continuous service for firefighters in sections 18- 42(4)(c) "Vested members" and 18-42(5) "Vesting" shall be changed to 8 years of continuous service C. the early retirement age in section 18-42(8) shall be 20 years of continuous service or age 50 and 8 years of continuous service; d. the maximum periods for DROP participation for firefighters in section 18- 43(b) shall be 7 years4 and the maximum total of creditable service and DROP participation shall be 32 years'; e. in section 18-44(1)(a), the member contributions deducted from the employee earnings of firefighters hired after September 30, 2001, shall be 6.46%6 . 21.10 Any other changes previously made to the provisions of Chapter 18, Article IV of the Dania Code along with the current changes will become part of this agreement. Article IV of the Dania Code will be the Pension appendix and placed in this contract after the Commission passes the ordinance amending said changes. Previously 10 years L Previously 10 N7ears 3 Previously 10 years 4Previously 5 years Previously 30 years 6 Change from 2% 38 SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A.Sugarman 2801 Ponce de Leon Boulevard ,Howard S.Susskind Suite 750 David E.Robinson Coral Gables, Florida 33134 Kenneth R.Harrison,Sr. (305) 529-2801 D.Marcus Braswell,Jr. Broward 327-2878 George S.Aude Toll Free 800-329-2122 Charles A.Gibson Fax(305) 447-81 15 January 15, 2002 Honorable Mayor Patricia Flury and City Commissioners City of Dania Beach City Hall 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Re: Pension Ordinance Amendment Honorable Mayor Flury and Commissioners: As attorneys for the City of Dania Beach Police and Firefighters' Retirement System, we ® have prepared the ordinance amending the police and fire pension plan which you will be considering on January 22, 2002. This ordinance amends the pension plan to comply with the current collective bargaining agreement between the City and Metro-Broward Professional Firefighters, Local 3080. The city commission previously ratified this agreement and, by doing so, approved these changes. This ordinance is merely the formality of putting the changes made by the collective bargaining agreement into the city code. The first change reduces the vesting from ten (10) years to eight (8) years. This means that a member is entitled to pension benefits after working eight (8) years. (Of course, the amount of the total benefit depends upon the total number of years which a firefighter works during his or her career). You may be interested to know that reduction of vesting requirements is a growing trend within the pension industry. For example, the Florida Retirement System, which covers county, district, and some local firefighters, recently reduced its vesting requirement to six (6) years. In the private sector, federal law requires vesting after five (5) years. The second change lengthens the period of time in which a participant can participate in the DROP from five (5) years to seven (7) years. This permits the city to retain experienced and trained employees for two (2) more years and permits those employees to continue their careers. Since the city's pension liability to DROP participants is frozen when they enter the DROP, this Honorable Mayor Patricia Flury and City Commissioners City of Dania Beach January 15, 2002 Page 2 permits the city to benefit from the continued service of these employees without incurring any additional pension costs or making any additional pension contributions. Adoption of this ordinance is a ministerial action which will implement the changes to the pension ordinance to which you agreed when you ratified and approved the current firefighters' collective bargaining agreement. Yours truly, ROBERT A. SUGARMAN RAS/ld G:\\DN PF\CODE\LtrtoMayor&Comm iss loners-Ordinance GABRIEL, HOED R, SMITH $. COMPANY Consultants&Ad pies 301 Ease Las 01as Blvd•Sute 200•Ft,Lauderdale FL 33301 9954-527-1616•FAX 954-525-0083 June 25, 2 01 Board of T stees 09n*036a h'Poiice &firefighters Retirame it System - City of Dar is Beach 113 S. W. I st Street Dania Bea h, Florida 33004 Dear Trusl ees_ You have sked us to determine the actuarial impact on the System by extending the maximum length of ROP participation From five to seven years. In our opinion, this change would have no ® actuarial i pad. We welco a your questions and comments, Sincerely ours, ,P,�L J. Siepher Palmquist JSP/or GABRIEL. RO ER, SMITH COMPANY Consultants a arles 301 East Las Olas 81vd.•Suite 200•Ft.laLderdele,FL=1 •954-527.1616•FAX 954525-0083 August 111, 2001 Ms_ Sonia Brown Assistant ministrator Dania Police and Firefighters Rebremi nt System 113 S.W 1 st Street Dania, FI dda 33004 Re: B ght Year Vesting for Firefighters Dear So We have determined the cost impact of changing the date when 100% vesting is attained from ten years to ight years. This change would raise the annual required contribution for firefighters by $4,327, c r 0.15% of covered payroll. We wet me your questions and comments. Sincerely yours, J. StephE n Paimquist JSPIor BEFORE CITY PUBLISHED DAILY COMMISSION CITY OF DANIA BCH,FL FORT LAUDERDALE, BROWARD COUNTY, FLORIDA REGARDING ADOPTION BOCA RATON, PALM BEACH COUNTY, FLORIDA . OF THE FOLLOWING PROPOSED ORDINANCE: MIAMI, MIAMI DADE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on February 12, STATE OF FLORIDA 2002,.at 7:00 PM or as soon thereafter as the ® matter may be heard,will COUNTY OF BROWARD/PALM BEACH/MIAMI DADE conduct a public hearing BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED in the City commission '. � Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard,. WHO,ON OATH, SAYS THAT Dania Beach, Florida to, HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED consider the proposed DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED adoption the fallowing, `- ordinances entitled: ", IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE AN ORDINANCE OF THE ATTACHED COPY OF ADVERTISEMENT, BEING A: FLORIDDA, AMENDING-Olt- . DINANCE NO. 2001-034, ORDINANCE 2001 034 WHICH ADOPTED THE FLORIDA BUILDING CODE, BY AMENDING SECTION 4 OF THE ORDINANCE TO RE- IN THE MATTER OF: VISE ITS-EFFECTIVE DATE; PROVIDING FOR CON- FLICTS; PROVIDING FOR Ordinance 2001 034 SEVERANCE; FURTHER; PROVIDING FOR.AN EF- FECTIVE DATE. IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE AN ORDINANCE DANIA F THE CITY OFISSUES OF: FLORIDA, AMENDING THE CODE OF ORDINANCES RE- LATING TO THE POLICE 1/30,1 AND 10736895 TIREMENT SYSTEMS PRO- VIDING THAT THE NUMBER AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER BE YEARS REQUIRED TOI BECOME VESTED IN THE: SYSTEM BEI PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY FLORIDA, REDIUCED FROM TEN 00)1 AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY TO EIGHT PROVIDING: PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY FLORIDA, THAT PARTTICIPATION IN!, THE DEFERRED RETIRE- MENT PLAN! EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE (DROP) BETI INCREASED* POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY,FLORIDA, FROM FIVE (D TO SEVEN: • ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF YEARS AND THAT THE' FOR A PERIOD OF MAXIMUM TOTAL OF ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT DROP CREDITABLE PART ICIPATION BE' HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON, FIRM, OR INCREASED FROM THIRTY CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE (30) TO PROVITHIRTYDING FOR ) YEARS;PROVIDING FOR A' RO- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID SAVINGS VIDING RAREPEALER;:CLAUSE; NEW PAPER. AND PROVIDING FOR AN EFFECTIVE DATE.. A copy of these proposed) fig AWN jZ f Ordinances are on file in (SIGNATURE O AFFIANT) the Office of the west, Clerk,City Hall, t00 west ;Dania Beach Boulevard,) Dania Beach,Florida,and. SWORN TO AND SUBSCRIBED BEFORE ME maybe inspected by the ON: 30-January-2002 A.D. public during normal working hours. A-J interested parties may ap- pear at the aforesaid meeting and be heard With respect to the pro- (SI NATURE OF NOTARY PUBLICy posed. Any person who decides to appeal any de- cision made by commission with th e respect ict r°rQ Bezck to any matter considered ►; my co at this hearing will need a N# 00024939 record of the proceedings BONDED luy 20 2005 EXPIRES and for such purpose may iHRU MoyFAIN INSUP need to ensure that a ver- E NC batim record.of the pro (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) re rd I made, which recocord hcludes the testi- mony and evidence upon which the appeal is to be PERSONALLY KNOWN to OR based. In.accordance with the PRODUCED IDENTIFICATION American ns needing persons needing as- sistance to participate in any of the proceedings ® should contact Charlene Johnson, Acting city Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3622 at least 48 hours prior-to the meet- ing. /s/Charlene Johnson, civic,City Clerk January 30,2002