HomeMy WebLinkAboutO-1984-020 i7
ORDINANCE NO. 20-84
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
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AMENDING ORDINANCE NO, 268 BY ALLOWING ELECTED
! PUBLIC OFFICIALS TO BECOME MEMBERS OF THE CITY
OF DA141A AMENDED RETIREMENT PLAN; REPEALING ALL
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ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Amended Retirement Plan, enacted by
Ordinance No. 268, provides City employees with certain retirement benefits,
and
WHEREAS, elected public officials of the City are not covered by the
Retirement Plan, and
WHEREAS, the City Commission is desirous of allowing elected public
officials to become members of the Plan.
NOW THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
Section 1 . That Section 2, definition H of Ordinance No. 268 be hereby
amended to read as follows:
H. Member — means an Employee or Elected Public Official who
fulfills the prescribed participation requirements.
Section 2. That the first phrase up to the first semicolon of Section 2,
definition I of Ordinance No. 268 be hereby amended to read as follows:
I . Credited Service — means uninterrupted service (expressed as years
and completed months ) from the date a Member last entered
employment or entered office as an Elected Public Official until
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the date his employment or term of office shall be terminated by
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reason of death, disability, retirement, resignation or discharge,
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subject, however, to Section 3, Paragraph D of this Ordinance;
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1 Section 3• That Section 2, definition J of Ordinance No. 268 be hereby
amended to read as follows:
S J. Earnings — means a Member's basic rate of pay from the City,
i exclusive of all overtime pay, bonuses, travel or expense
allowances and any other extraordinary compensation.
Section 4. That Section 2 of Ordinance No. 268 be hereby amended by adding
the following definition R at the end thereof:
R. Elected Public. Official. — means any person elected to the office
of City Commissioner or Mayor of the City of Dania.
Section 5. That Section 3, Paragraph A of Ordinance No. 268 be hereby amended
by adding the following subparagraph 6 at the end thereof:
6(a)Each Elected Public Official in office on October 1 , 1984 may
elect not to become a Member of the Plan, in which case he shall
be forever barred from future membership in the Plan. This
election by such Elected Public Officials nest be made by December
31 , 1984. Any such Elected Public Official who elects to enter
the Plan and who could have been a Member of the Prior Plan (which
was in effect up to June 23, 1981 ) but declined to join said Prior
Plan shall have the option of buying back his service prior to
October 1 , 1984. The amount and terms of this buy back shall be
according to Section 3, paragraph D2 of Ordinance No. 268. in the
absence of this buy back, service credit for such Elected Public
Officials shall commence on October 1 , 1984. Any Elected Public
Official in office on October 1 , 1984 who was not eligible for
membership in the Prior Plan shall receive service credit prior to
October 1 , 1984 without the requirement of buying back such
previous service.
(b)Each Clected Public Official whose initial term in office
commences after October 1 , 1984 shall become a Member of this Plan
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on a mandatory basis, just as is the case for Employees of the
city.
(c)In no event nay an Elected Public. Official whose initial term in
loffice begins later than his 55th birthday become a Member of the
Plan.
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Section 6. That the word "person" shall hereby replace the word "Employee" in
the first sentence of Section 3, Paragraph B of Ordinance No. 268.
Section 7. That section 15 of Ordinance No. 268 be hereby amended by adding
the following Paragraph 8 at the end thereof:
8. Elected Public Officials: Provisions Applicable — Except as
otherwise provided herein, the provisions of this Plan shall apply
to Elected Public Officials in the same manner as such provisions
apply to other Members; provided, however, the monthly retirement
benefit payable to any Elected Public Official who has served for
twenty (20) or more years as an Elected Public Official for the
City, in accordance with Chapter 121 .20, Florida Statutes, shall
be the greater of the benefit provided by this Plan or the benefit
authorized and provided for under Chapter 121.20, Florida
Statutes.
Section 8. That except as herein amended all other provisions of said
Ordinance No. 268 shall remain in full force and effect.
Section 9. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions In conflict herewith be and the same are hereby repealed
to the extent of such conflict.
Section 10. That this ordinance shall be In force and take effect immediately
^� upon its passage and adoption on final reading.
PASSED AND ADOPTED on First Reading this 28thday of August 1984.
PASSED AND ADOPTED on Second and Final Reading this 11thiay of
September 1984•
MAYOR - COMMISSIO11ER1 iT'!
ATTESTi
CITY CLERK — AUDITOR
APPROVED FOR FORM AND CORRECTIVENESS:
FRANK C. ADLER, City Attorney
City of Dania, Florida
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