HomeMy WebLinkAboutO-2011-028 Firefighters Retirement System Closed Plan ORDINANCE NO. 2011-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING SECTION 18-40, "DEFINITIONS" AND SECTION 18-46
"ADMINISTRATION" OF CHAPTER 18, "PENSIONS AND RETIREMENT"
OF THE CITY CODE OF ORDINANCES RELATING TO THE POLICE AND
FIREFIGHTERS RETIREMENT SYSTEM TO PROVIDE FOR THE IMPACT
OF BECOMING A CLOSED PLAN FOR FIREFIGHTER PARTICIPANTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the recent merger of fire services between the City of Dania Beach and
Broward County caused the City of Dania Beach Police & Firefighter Retirement System to
become a closed plan for firefighter participants; and
WHEREAS, an amendment to the City Code of Ordinances is necessary to maintain the
Retirement System for those firefighters who elected to remain in the System, and
WHEREAS, the trustees of the City of Dania Beach Police & Firefighters' Retirement
System have requested and approved such an amendment as being in the best interests of the
participants and beneficiaries as well as improving the administration of the plan,and
WHEREAS, the City Commission has received, reviewed and considered an actuarial
impact statement describing the actual impact of the amendments provided for in this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. The foregoing WHEREAS clauses are ratified and confirmed as being true
and correct and they are made a specific part of this Ordinance upon its adoption.
Section 2. Sec. 18-40(6) of the Dania Beach Code is amended to read as follows:
Sec. 18-40. Definitions.
(6) {EMPLOYEE shall mean:}
(a) All actively employed employees of the city as of March 1, 1977, or later
classified as full-time sworn police officers, as defined on the effective date in
Section 185.02, Chapter 185, F.S.A.
(b) All actively employed employees of the city as of March 1, 1977, or later
classified as regular full-time fire fighters as defined on the effective date in
Section 175.032, Chapter 175, F.S.A.
(c) All actively employed employees of the Sheriff of Broward County, also
known as the Broward Sheriffs Office, classified as deputy sheriffs or law
enforcement officers who were initially employed by the sheriff on October 1,
1988, pursuant to the service agreement between the city and the sheriff approved
by the city commission Resolution No. 35-88, who were members of this system
on September 30, 1988, and who elected, on or before December 1, 1988, to
remain as members of this system.
(d) All actively employed employees of the Sheriff of Broward County, also
known as the Broward Sheriffs Office, classified as firefighters who were
initially employed by the Sheriff on January 29, 2011, pursuant to the service
agreement between the City and the Sheriff as approved by the City Commission,
who were members of this system on January 6, 2011, and who elected, on or
before January 25, 2011,to remain as members of this system.
O All civilian employees of the fire and police departments and the sheriffs
office shall be excluded from this definition.
Section 3. Sec. 18-46(1) of the Dania Beach Code is amended to read as follows:
Sec. 18-46. Administration.
(1) The general administration and responsibility for the proper operation of the
retirement system and for making effective the provisions of this article are
ley vested in a board of trustees consisting of nine (9)persons as follows:
(a) Four(4) legal residents of the city appointed by the city commission;
(b) Two (2) active firefighters, or firefighters who are in the DROP,
elected by a majority of the firefighters who are members of the system,
or a retired member when active firefighter membership falls below ten
(10), elected by a majority of the firefighters, active or retired who are
members of the system, as hereinafter provided;
(c) Two (2) police officers, or police officers who are in the DROP,
elected by a majority of the police officers who are members of the
system or a retired member when active police officer membership falls
below ten (10), elected by a majority of the police officers, active or
retired who are members of the system, as hereinafter provided; and
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(d) A ninth person chosen by a majority of the previous eight (8)
members of the board of trustees. The name of the ninth period shall be
submitted to the city commission which shall, as a ministerial duty,
appoint him to the board.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
jurisdiction 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 5. 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 6. That this Ordinance shall be in full force and take effect immediately upon
its passage and adoption.
PASSED on first reading on August 9, 2011.
PASSED AND ADOPTED on second reading on August 23, 2011.
ATTEST:
tA
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED A TO F AND CORRECTNESS: �A�-s F' Tc C
THO AS . AN B O
CITY ATTORNEY
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