HomeMy WebLinkAboutO-1993-004 r�
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ORDINANCE NO. 04 -93
FLORIDA, AMENDING
AN ORDINANCE OF THECIT18-29. 3Y OF NAND 18-29.7 OF ARTICLE
SECTIONS 18-29 . 1 (d) (2) CITY
; , CHAPTER 18 , OF THE CODE OF
PROV DINGDFOR CAN ADDITIONAL
OF DAt7IA,
EXCLUSION
TIME FOR THE OPTIONAL PURCH ASE FROM THE SYSTEM, FOR GRANTING ADDITIONAL
OF PAST SERVICE CREDIT,
SAID PACq1
INCREASING THE INTERESTPROVIDING FOR FOR PURCHASING
G BY INCOME
SERVICE CREDIT, PRO
DEDUCTION ABIDING BY SAIDSINCOME AND SDEDUCTIONSESSING HORDERSTTONTHECMEMBERS
WHO CAUSED SUCH ADDITIONAL COSTS , PROVIDING FOR
ROLL-OVER OF LUMP SUM DISTRIBUTIONS, PROVIDING THATOF
RT
ALL ORDINANCES
E PARTSES AND ALL
OF RESOLUTIONSNCIN CONFLICT
R
HEREWITH BE REPEALED TO THE
FOR AN EFFECTIVE XDATE OF SUCH CONFLICT,
AND
WHEREAS , the City Commission on September 12 , 1989 ,
passed
41-89 providing certain general
and adopted Ordinance No.
to buy back pension plan service
employees with an opportunity F
A were previously not eligible to °a
for the period during which they �-
participate in the general employees pension plan; and
ns some of the employees eligible
WHEREAS, for various reaso
to buy back said service did not do so; and
sion wishes to again afford those
WHEREAS , the City Commis
I opportunity to buy back service, although at a 3 ,
employees an opp
higher interest rate; and
i decisions
WHEREAS , recent legislative enactments and court
l provisions of the plan dealing with
require amending the
di
non-assignability and lump sum distributions.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
.._ j CITY OF DANIA, FLORIDA:
Lee-
i of the Dania Code be
, a Sec ion That Section 18-29. 1 (5)
amended by deleting the following words which are stricken
through and replacing them with the following words which are
underlined:
i
(5) Membership in the plan shall be mandatory as a
condition of employment with the City; provided, however,
lit
i
who
n em to Y ee on the amended plan effective
is a p
that any person }
member of the p plan lan may elect IIS
date but who is not already a
ter the plan, in which case he shall not be eligible for
not on
s provided by this plan and (iil that anv
any of the benefit
of age at the -
emalo_ �e�s Who were excluded from the clan bec' µ
rgto hay6 ter '
time of L anal emplovment but who subsequent the a
become aiiaible d qualzfied to participate and be a member of
i .. ,.,►,i, h case
*:
alect not to participate in t►+the plan
e plan
they sh 1 of be eligible for any of the benefits provided by
this an• Such an employee shall have the right to become a
later date and receive credited service
member of the plan at a
below. Membership in the plan shall
pursuant to Subsection (d) :
ed to the position of City Manager
be optional for persons appoint
i as an alternative to membership in the plan, the City Manager may
I elect to have funds equal to the amount that would otherwise be 4
deposited
contributed to the plan by the City on his/her behalf, P
lan of the City Manager's choice.
into a deferred compensation p
2 l ,.
I
'. Y �.._�RYj J - . n. :._t •�` e ?Y'..nr.r� tT _ a w'! t Y`G � � �. .
y.
� i j
t
That Section 18-29. 1 (d) (2)
Section 3:
of the Dania Code
be amended by deleting the following words which are stricken
through and replacing them with the following words which are
underlined:
(2) For members of the prior plan as of the amended plan i
made contributions since first
effective date who have not
eligible for prior plan coverage, service credit will be allowed
only for those years during which such employees made I ' .
t '
contributions. Provided, however, such employees and any other
ot make contributions during any prior year
employees who did n
when eligible to do so shall be allowed the right or option of
999 repurchasing or buying back those years for which no
{ contributions were made. The amount which must be paid by any
such employee for this purpose shall be equal to the amount which
he would have contributed had he been covered by the prior plan
since he was first eligible plus interest on such amount at a
er-retee-determined-by-the-beerd
equal to the plants current
rate
actuarially assumed rate of investment return. Pa• ments must be
k
or to the member' s retirement. Any such "buy
made in full pri
i
service
backs" shall cause credited to be granted from the t
f
employment. Such "buy back" arrangements and
employee's date of
conditions shall be as prescribed by the board, acting on a
uniform and nondiscriminatory basis. The buyback election by
such employees must be made with3rr + -f4e}-dey9-
der-the
mmended-plan-effeetive-date by June 30 1993 .
3
_
rb;`c
t..:.2
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2, I
I i
Section 3 ; That Section 18-29 . 13 of the Dania Code be
r + .:
amended by adding the following sentence to subsection (b) :
However, should an Income Deduction order issued pursuant to
Section 61. 1301 of the Florida Statutes cause the plan to incur
additional expenses in complying with said order, the plan shall
abide by the Income Deduction order and the additional expenses
shall be deducted from the member's benefit checks.
Section 4 : That Section 18-29 . 7 of the Dania Code be i
amended by adding the following paragraph to said section:
Eligible Rollover Distributions - If the recipient of any
eligible rollover distribution, as that term is defined in
Section 402 (f) (2) (A) of the Internal Revenue Code, including any
lump sum payments of retirement benefits, lump sum refunds of
I
member contributions , and lump sum returns of member
contributions which were picked up by the City, elects to have
such distribution paid directly to an eligible retirement plan or
t
Individual Retirement Account (IRA) , and specifies the eligible
retirement plan or IRA to which such distribution is to be paid
( in such form and at such time as the Board of Trustees may Fr'"
prescribe) , then the distribution will be made in the form of a ti f
direct trustee-to-trustee transfer to the specified eligible
retirement plan or IRA.
Section 5: That except as herein amended all other y h,
h .
provisions of Article III, Chapter 18 shall remain in full force
and effect.
4
i
as That all ordinances
�'
or parts of ordinances
,. SetlOn h:
Sri arts of resolutions in conflict herewith .
and all resolutions or p
be and the to the extent of such
same are hereby repealed
conflict.
�rrion 7 : That this ordinance shall be in force and
ly up
on its passage and
take effect immediate adoption on final
reading. on the 9th day of
1 PASSED AND ADOPTED on First Reading
February_, 1993 . It
PASSED AND ADOPTED on Second and Final Reading on the loth
day of _ March , 1993 .
- COMMISS VR -
RROR
vvv C ,
ATTEST:
i
ills �
ITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
= z,
j BY: NEY
FRANK C. ADLER, CITY ATTOR
t rl'ZSh� ,
A�G?
t<
ORDINANCE No : 04-93
J
5 4,
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E t: T S N E L
PUJLISHED DAILY FLORIDA
f0RT RAYO ROWARD CJUtJTYP ATO_RDALr JLi
UOCA RN. PALM BEACH COU'/TYi FLORIDA
MIAMI. DADE COUNTY. FLORIDA
i ,
STATE OF F3ORIARDJP M BEACH/DADE PPEARED
COUNTY OF
HEFOR U DER GN D AUTHORITY PERSONALLY A `
�� •- - WHO ON OATH SAYS THAT i
HE/SHE S A LY- AUTHORIZED REPRESENTATIVE OF THE � � It[ARINo
CLASSI IF D DEPARTMENT Of THE SUN-SENTINEL. DAILY BEFORE CITY COMNIB-
ION CITY OF DANIA.FLOR- Z
NEWSPAPt: PUBLISHED IN BR OWARD/PALM BEACH/DADE COUEINGNTYP toA. REGARDING ADOP•
TION OF THE FOLLOYRNG ,
SED ORDIANCE
FLORIDA THAT THE ATTACHED COPY OF ADVERT IS£MENT. BEINb A PROPOFTHEFOLL
NOTICE IS HEREBY OIV-
EN that tha Gb Carrerlblon
dda
NOTICEOFHEARING otmeGry .. t
on Marts to0..II/0.1.a a 00t . ,
p.m. a a Boon the heard.
as tha manor mry G hoard. t
IN THE MATTER Of ""n cord on.Wom fission
In the Gry commission -
room of its Wnl.DRY H.II 1 -
in Sections 18-29 . 1 100 Weal Carl*Beach BW+-
Arnen� J I,,aid, Dania. Florida to
j .doptlon Of 1ha I011oewln9 o
dtntnce"allied
IN THE CIRCUIT COURT. WAS PU+SLISHED IN SAID NEWSPAPER IZJ3433413 �OANORDI'NANCEOFTHE
THE ISSUES OF CITY DI DANIA. IONSla
>( AMENDING SECTIONS 1A.
C . 32/26i 1 29.1 dl(x 16-29.7OFAR
TICL� 7, RAFTER /S OF'
THE CODE OF GROW;
OF THE CITY OF
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A DANC FOFTH, CITY
NEWSPAPER PUJLISHED IN SAID BROWARO/PALM BEACH/DAD DDITIONAL
EXCLUSION FROM THE
+ I COUNTV� FLORIDA. AND THAT THE SAID NEWSPAPER HAS HERETOFORE SYSTEM
ICNALAGRA FOR
�4 ENTERED AS SECOND THE OPTIONAL PUR-
BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARO/PALM BEACH/DADE ADOITICHASE OF PAST aEnFO
CREDIT INCREASING THE
COUNTY FL )RCDAi EACH DATi AND HAS BEEN INTEREbTRATEFORPUN-
CLASS NATTER AT THE POST OFFICE IN FORT LAUDERDAR IN SAID CHASE SAID PAST SER-
VICE CREDIT PROVIDING ,
1 3ROWARD COUNTY, FLORIDA, FOR A PERIOD -OATTAC HE DAC COPY OF FFOR ASIDINi)BY INCOME
j bEDUCTION ORDERS AND
PRECEDING THC FIRST PU ULICAT ION OF 7Ht ASSESSING THE ADDI
j ADVERTISEMENT% AND AffIANT FURTHER SAYS THAT ME/SHE HAS INOALCOSSOFAID-
TiDR-pRU�L�SED ANY PERSON. FIRM OR CORPORATION DUC BY SAID INCOME TI COSTS ORDERS TO THr
ARID-
NEITHER PAIo �C IMEMBERS WHO CAUSED
ANY DIS JUNTA RE3ATei UMMISSION OR REFUND FOR THE PURPOSE COSTS PROVIDING FOR
Of SEC RING THIS ADVERTISEMENT FOR PUBLICATION IN SAID COTS PEOV OF IDING OR
SUM DISTRIBUTIONS, I
NEWSPAP - PROVIDING THAT ALL
ALL
i jOINANCto OR PARTS OF
1 ONANCI CEO AND All
• •-- • I RESOLUTIONS OR PARTS
�r - • •-- - ••- . ..• OF RESOLUTIONS IN CON-
, . . . .• (PEAL HEREWTHEITH X RE-
OFSUC TO NFL EXTENT
OF SUCH CONFLICT.AND
(SIGNA URc 0 I AFFIANT) PECTIVE o FORpprApNppaEeFa-
�!FEA�DATE. W In
SWORN T SU BS CR I9ED BEFORE ME Iadmaoce Is"we
Inca
I Iordin n the Gn CMrk. n%
Hall. too West once BaacX+
THIS 26 DAY OF f E B R U A R Y 'Boulawd. Dania. Florida, r "
A.D. �993 "�--+ ., -� the ppblicOuriMng namillellidedi e! .
mp
I , �' 'r .(LLi6. Lak Kowa.
j �� ... . .. - interested Parilea May
C.. appear at the aforesaid
mastaq and be hanrd -In
1 (SIGNATURE Of NOTARY PUULIC) asoecttotha proposed
STRICIaAND demon arno vision
;-., P.vg {A to apppeal an decision
1 F mat-
MY CC�.::jSk^!11 CC 207617 EX%RES made by the City anyr0l mat-
' Ion hnh respect to any mob
:.'. . ' July 24.1996 ter considered at this hear
ecrc;o naU lw7r rear rtdlRr-'ai.11C. _ '.�... ..... up Me read a record of the
~' •• •• • 0 R STAMPED) Proceedings and fa such
....... ..... . . . .... .
•TYPED• PRINTE /
9 maY need to en-
~•Of / ■varWtlm rKOrCj
(NAME
... OR which racad YtcktdM +ha .
KNOWN Joe caused.
a onY tafnNd 4yiol .
PERSONALLY K •• • •' •'-• 1pOr whlcn
...... .. 7aYwanda Mullkmj "
PRODUCED IDENTIFICATION - -- !February xa• tawC"i Ce k
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