HomeMy WebLinkAboutO-2012-024 Amending Section 18-29 Pensions & Retirement ORDINANCE NO. 2012-024
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING SECTION 18-29 OF CHAPTER 18,
"PENSIONS & RETIREMENT" OF THE CITY CODE OF ORDINANCES, TO
PROVIDE CLARIFICATION FOR THE ELECTION OF TRUSTEES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent changes to the City's General Employees' pension plan resulted in
the plan being closed to new participants; and
WHEREAS, it is now necessary to clarify that only participants or retirees of the plan
may run for the position of trustee and that when the active participants fall below ten (10),
retirees may vote in such elections, and
WHEREAS, an amendment to the City Code of Ordinances is necessary to provide such
clarification on the election of trustees, and
WHEREAS, the trustees of the City of Dania Beach General Employees' Retirement
Plan 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 this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. Sec. 18-29.9(b)of the Dania Beach Code is amended to read as follows:
Sec. 18-29.9. Board of trustees—Plan administration.
(b) The board of trustees shall be the plan administrator and as such shall be
charged with the general administration and responsibility for the proper
operation of the retirement plan and trust and for making effective the provisions
of this article. The board of trustees shall consist of five (5)persons as follows:
(2) Two (2) employees of the city, dwho are members of
this retirement system or former members (including DROP participants) of this
retirement system who are receiving a monthly retirement benefit hereunder, upon
the election by a majority of the ro ular y o ..leyea o pleyees of the ait emotes
cast by the members of this retirement system and, when active employee
membership falls below ten (10) members, former members (including DROP
participants) of this retirement system who are receiving a monthly retirement
benefit hereunder shall also be entitled to vote, and
The two (2) employees serving as trustees for the prior plan immediately
preceding the amended plan effective date shall serve as the initial employee
members of the board. Each of these two (2) members shall serve for a period of
two 2( ) years from the amended plan effective date. At the end of this two-year
period, an election shall be held by the employees who are members of this
retirement system at that time in order to elect two (2) successor employee
members to the board. The employee receiving the greatest number of votes shall
serve for a period of three (3) years and the employee receiving the second
greatest number of votes shall serve for a period of two (2) years. Thereafter each
elected employee member of the board shall serve for a period of three (3) years.
Upon the resignation or removal of such member from the board, an election shall
be held by the employees who are members of this retirement system at that time
in order to elect another employee to complete the remainder of the unexpired
term. Upon the termination of an ep3pleyee-member- • is ei#ided tames
.,tWy retirement benefit her-eu~aer-a trustee's term of office, such
trustee emplyee shall remain in said such trustee position until properly replaced
as stated in this section.
Section 2. 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 with the Ordinance are repealed to the extent of such conflict.
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Section 3. If any word, phrase, clause, subsection, or section of this ordinance be for
any reason held unconstitutional or invalid, such invalidity shall not affect the validity of any
remaining portions of this Ordinance.
Section 4. This Ordinance shall be effective on adoption.
PASSED on first reading on August 28, 2012.
PASSED AND ADOPTED on second reading on September 11, 2012.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
P3",S NRST 4�y
APPROVED AS TO ORM ND CORRECTNESS:
1 �
THOMA§ ANS R
CITY ATTORNEYaaoap
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