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Home My WebLink AboutO-2004-027 Amend employee pension re City Attorney opt out1ORDINANCE NO. 2004-027 0 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 18-29.1 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT PARTICIPATION IN THE GENERAL EMPLOYEES PENSION PLAN BY THE CITY ATTORNEY SHALL BE OPTIONAL; FURTHER, TO PROVIDE THAT THE CITY MANAGER AND CITY ATTORNEY MAY ELECT TO HAVE THE PAYMENT EQUIVALENT TO THE CITY'S PENSION PLAN CONTRIBUTION PAYABLE AS ADDITIONAL COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 18-29.1 of the City Code of Ordinances, entitled "Membership" is amended to read as follows: 0 See. 18-29.1. Membership. E (5) Membership in the plan shall be mandatory as a condition of employment with the city; provided, however, (i) that any person who is an employee on the amended plan effective date but who is not already a member of the prior plan may elect not to enter the plan, in which case he shall not be eligible for any of the benefits provided by this plan; and (ii) that any employees who were excluded from the plan because of age at the time of their original employment but who subsequent thereto have become eligible and qualified to participate and be a member of the plan may elect not to participate in the plan, in which case they shall not be eligible for any of the benefits provided by this plan. Such an employee shall have the right to become a member of the plan at a later date and receive credited service pursuant to subsection (d) below. Membership in the plan shall be optional for persons appointed to the positions of city manager and city attorne . As an alternative to membership in the plan, the city manager-,. the city attorney or bot may elect to have funds equal to the amount that would otherwise be contributed to the plan by the city on his/he their behalf, either deposited into a deferred compensation plan of the eity managerls_Lheir choice or paid to them as additional compensation. I ORDINANCE NO. 2004 - 027 Section 2. That if any section, clause, sentence or ph -rase of this ordinance is for any reason held invalid or unconstitutional by a court of competent ju risdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall be in force and take effect immediately upon adoption. PASSED AND ADOPTED on first reading on August 24, 2004. PASSED AND ADOPTED on second reading on September 14, 2004. - -ATTEST: LOUISE STILSON CITY CLERK (4 � � � K I-.?- 21'D C.K. MCELYEA MAYOR, — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES- YES MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: BY: THO Ak J'ANSBRO CIT ATTORNEY 2 ORDINANCE NO. 2004 - 027 CITY OF DANIA BEACH TO: Ivan Pato, City Manager Patty Varney, Finance Director Louise Stilson, City Clerk Chuck Cook, Chairperson, General Employees' Retirement System FROM: Thomas J. Ansbro, City Attorney DATE: August 11, 2004 RE: Amendment to General Employees' Ordinances; Options Available to City Manager and City Attorney Pursuant to the City Manager's request, the ordinance amendment which was recently drafted, which would allow the City 'Attorney to "opt -out" of the pension plan and receive the contributions otherwise payable to the plan as additional compensation, is now expanded to afford the same payment option to the City Manager. Ivan, if the ordinance is satisfactory, please advise the City Clerk and it can be agendaed for City Commission consideration. This must be adopted before October 1, 2004. 566.028 TJA:slw Attachment 0 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on September 14, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 18-29.1 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT PARTICIPATION IN THE GENERAL EMPLOYEES PENSION PLAN BY THE CITY ATTORNEY SHALL BE OPTIONAL; FURTHER, TO PROVIDE THAT THE CITY MANAGER AND CITY ATTORNEY MAY ELECT TO HAVE THE PAYMENT EQUIVALENT TO THE CITY'S PENSION PLAN CONTRIBUTION PAYABLE AS ADDITIONAL COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTIONS 13-21 AND 13-22 OF ARTICLE 11 ("SANITARY NUISANCES") OF CHAPTER 13 ("HEALTH AND SANITATION") OF THE CITY CODE OF ORDINANCES; REPEALING SECTIONS 13-23, 13-25, 13-26 AND 13-28 OF ARTICLE 11 OF CHAPTER 13 AND CREATING SECTION 13-34 OF ARTICLE 11 OF CHAPTER 13; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. Run in Sun Sentinel: September 3 , 2004 /s/ Louise Stilson City Clerk 0 OCT - 4 2004 CITY OF DANIA BEACH, FL, GENERAL EMPLOYEES VA: I i I , 1414, of UT I September 30, 2004 Louise Stilson, City Clerk City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Fl 33004 Louise: Enclosed is copy of the impact statement prepared by the Plan's Actuary regarding Ordinance No. 2004-027. Also enclosed is a copy of correspondence to the Bureau of Retirement regarding the ordinance. This impact statement should be filed with the ordinance. Call if you have any questions about this procedure. Sincere a /ri Administrative Manager 32 10 NW 120 Way, Sunrise, Fl. 33323 Phone (954) 748-0077 FAX (954) 748-0082 e-mail: miabaleeaci.dania-beach.fl.us 11 0 0 CITY OF DANIA BEACH9 FL September 30, 2004 Bureau of Local Retirement SYStems Division of Retirement Cedars Executive Center, Bldg: C 2639 N. Monroe St Tallahassee, Fl 32399-1560 Attached is Ordinance No. 2004-027 passed and adopted by the City of Dania Beach on September 14, 2004. Also enclosed is a statement of actuarial impact on the plan. Sine ely, Marie Jabal Administvrati e Manager 32 10 NW 120 Way, Sundsc, F). 33 323 Phonc (954) 748-0077 FAX (954) 748-0082 0 GABRIEL, ROEDER, SMITH St COMPAMY Consultants & Actuaries 301 East Las 01as Blvd. e Suite 200 * Ft. Lauderdale, FL 33301-2254 9 954-527-1616 0 FAX 954-525-0083 August 10, 2004 Ms. Marie Jabalee Dania Beach General Employees Retirement System 3210 N.W. 120 Way Sunrise, Florida 33323 Re: ordinance No. 2004-027 Dear Marie: We have reviewed this ordinance which amends the General Employees Pension Plan by allowing the City Attorney to opt out of the Plan. On the date of our last actuarial valuation, October 1, 2003, the City did not have an employee designated as City Attorney. Therefore, our last valuation did not include a City Attorney. As a result, this Ordinance has no actuarial impact on the Plan. We welcome your questions and comments. Sincerely yours, J. Stephen Palmquist JSP/or