HomeMy WebLinkAboutOrdinance_460_09/07/1993ORDINANCE NO. 460
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
~. VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A
LOCAL LAW RETIREMENT PLAN AND TRUST FOR THE
FIREFIGHTERS OF THE VILLAGE OF TEQUESTA,
FLORIDA, AUTHORIZING THE PARTICIPATION OF SAID
PLAN AND TRUST IN THE FLORIDA MUNICIPAL
PENSION TRUST FUND; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Tequesta,
Florida, finds the long-term tenure of its firefighters to be in
the best interest of the Village, its firefighters and its
citizens; and
WHEREAS, the Village of Tequesta, Florida, finds that the
establishment of a retirement plan and trust for the firefighters
of the Village of Tequesta, Florida, can attract qualified
firefighters to the Village and can encourage long term and
continued employment with the Village; and
WHEREAS, the Village of Tequesta, Florida, under the
provisions of the laws of the State of Florida, in particular
Chapter 166, Florida Statutes, Chapter 175, Florida Statutes, and
Chapter 175.351, Florida Statutes, is authorized to establish its
own local law retirement plan and trust for firefighters; and
WHEREAS, it is the intent of the Village Council of the
Village of Tequesta, Florida, to establish such a retirement plan
and trust; and
WHEREAS, it is the further interest of the Village Council of
the Village of Tequesta, Florida, to authorize the participation of
said plan and trust in the Florida Municipal Pension Trust Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA:
Section 1. A Retirement Plan and Trust for the
Firefighters of the Village of Tequesta, Florida, is hereby
established, effective the 7th day of 6eptember , 1993.
The instruments which represent the terms of said Plan and Trust
°°~~ ~ are attached hereto as Exhibit "A" and are incorporated as part of
__ this ordinance, and are remanded to the custody of the Village
Clerk who will maintain same for public inspection.
Section 2. The Village Council of the Village of Tequesta,
Florida, shall have the power to amend said Plan and Trust at such
time or times as considered in the best interest of the Village,
its firefighters and its citizens.
Section 3. The Village Council of the Village of Tequesta,
Florida, hereby expressly authorizes the participation of said Plan
and Trust in the Florida Municipal Pension Trust Fund and hereby
authorizes the administration of said Plan and Trust, and the
investment of the funds of said Plan and Trust, within the
procedures, policies and methods outlined in the Fund's Master
Trust Agreement.
Section 4. The Village Council of the Village of Tequesta,
Florida, hereby empowers the Mayor of the Village of Tequesta,
Florida, with the authority to execute such documents and
agreements as are required for participation in the Florida
Municipal Pension Trust Fund.
Section 5. This ordinance shall remain in force until
supplemented, amended, repealed or otherwise altered.
Section 6. This ordinance shall be published as required
by the Code of the Village of Tequesta, Florida.
~. Section 7. Severubility. If any provision of this
ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be giv~:n effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 8. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 9. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 10. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
Burclcart who moved its adoption. The Ordinance
~ was seconded by Councilmember Collings and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Elizabeth A. Schauer
Ron T. Mackail
Earl L. Collings
tiNilliam E. Burckart
The Mayor thereupon declared the Ordinance duly passed and
adopted this 7th day of September 1993.
MAYOR OF TEQUESTA
~~ ~• ~ C'~.~~
Ron T. Mackail
ATTEST:
V llage Cler
JCR\131530RD\FIREPENS.ORD
2
EXHIBIT "A"
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VILLAGE OF TEQUESTA MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND
SUMMARY PLAN DESCRIPTION
r
VILLAGE OF TEQUESTA MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND
SUMMARY PLAN DESCRIPTION
INTRODUCTION
The Board of Trustees of the Village of Tequesta Municipal Firefighters' Pension
Trust Fund is pleased to present this booklet which briefly explains the provisions of your
Firefighters' Pension Plan. As a participant in the Fund, you are included in a program
of benefits to help you meet your financial needs at retirement, or in the event of disability
or death.
This booklet can assist you in preparing for your retirement and financial future.
If you need further information on any of the topics presented in this booklet, please
contact any member of the Board of Trustees. They will either answer questions you
might have to help you understand your benefits or otherwise get you an answer to your
questions. We urge you to read and understand this booklet in order to become familiar
with the benefits of the plan and how they contribute to your financial security and how
they will enrich your retirement years.
The information presented is only a summary of the pension plan ("Plan") as
provided in the ordinances of the Village of Tequesta. If there are any conflicts between
the information in this booklet and the ordinances of the Village of Tequesta, the
ordinances shall govern. A copy of the ordinance establishing the Plan can be obtained
from the Village Clerk's office, which is located at 357 Tequesta Drive, Tequesta, Florida
33469-6203.
Chairman, Board of Trustees,
Village of Tequesta Municipal Firefighters'
Pension Trust Fund
Date
•
1. BOARD OF TRUSTEES AND PLAN ADMINISTRATION
A. Administration. The Village of Tequesta Municipal Firefighters' Pension Trust
Fund is a defined benefit pension plan administered by a Board of Trustees which acts
as the administrator of the Plan. The Board consists of five Trustees, two of who are
appointed by the Village, two of whom are full-time Firefighters who are elected by a
majority of the members of the Plan and a fifth Trustee who is chosen by a majority of the
first four Trustees. Each Trustee serves a two year term.
6. The names and addresses of the current Trustees are attached to this
Summary Plan Description as Exhibit "A". The Chairman of the Board of Trustees is
designated as agent for the service of legal process.
2. ELIGIBILITY FOR PLAN MEMBERSHIP
Each person employed by the Fire Department as a full-time Firefighter becomes
a member of the Plan as a condition of his employment. All Firefighters are therefore
eligible for all plan benefits.
3. PLAN BENEFITS
All claims for benefits under the Plan shall be made in writing to the Board of
Trustees.
A. Normal Retirement Eligibility. A Firefighter is eligible for retirement upon the
earlier of:
1) the attainment of age 55 and the completion of 10 years of
credited service or
2) attainment of age 52 and the completion of 25 years of
credited service.
B. Amount of Normal Retirement Benefits. The amount of the normal retirement
benefit is based on a Firefighter's credited service and average compensation:
"Credited Service" is generally a member's period of employment as a Firefighter
in the Fire Department measured in years and parts of years. Credited Service will
include a break in employment of military service, provided that the Firefighter is
reemployed within one (1) year of discharge, and the Firefighter deposits the amount of
employee contributions, that the Firefighter would have contributed had he remained a
Firefighter. These contributions must be deposited upon return to employment or interest
will be charged. Additional credited service time may also be available (See subsection
I. below).
FltJAL DRAFT~IIage of Tequesta/August 24, 1993 3
"Average Final Compensation" is 1/12 of the average salary of the 5 best years of
the last 10 years of credited service prior to termination, retirement or death of the
Firefighter. A year is defined as 12 consecutive months.
"Salary" is the base compensation to include regular earnings, longevity pay and
paramedic incentive pay, plus all tax deferred and tax exempt items of income,excluding
lump sum payments.
The normal retirement benefit is calculated by multiplying 3% times years of
credited service times the Firefighter's average final compensation: (three percent (3%)
x CS x AFC =normal retirement benefit)
The benefit is paid to the Firefighter for his life, but the Firefighter or his beneficiary
shall receive al least 120 monthly benefit payments in any event.
C. Early Retirement. Early retirement is retirement before normal retirement and
is allowed at age 50 with ten years of service.
D. Amount of Early Retirement Benefits. The amount of the early retirement
benefit is calculated in the same manner as for normal retirement and is available as
follows:
(1) Beginning on the date on which the Firefighter would have qualified for
normal retirement; or
(2) Beginning immediately upon retirement, but if beginning immediately,
the amount of the monthly benefit is reduced by 5% for each year by which the
commencement of benefits precedes the normal retirement date.
E. Optional Forms of Retirement. In lieu of the amount and form of retirement
income payable .under normal and early retirement, a member may elect to receive a
retirement benefit in a different form so long as the form elected by the Firefighter is of
equal actuarial value as the normal retirement benefit. The optional forms of benefits
which are available are:
(1) A retirement income of a monthly amount, payable to the Firefighter for
his lifetime only.
(2) A retirement income of a modified monthly amount, payable to the
Firefighter during the joint lifetime of the Firefighter and a dependent joint pensioner
designated by the Firefighter, and following the death of either of them, 100%, 75%, 66
2/3% or 50% of such monthly amounts payable to the survivor for the lifetime of the
• survivor.
FlNAL DRAFT~IIage of Tequesta/August 24, 1993 4
F. Disability Retirement. A Firefighter is considered disabled when he or she
becomes totally and permanently unable to perform useful and efficient service as a
Firefighter. A written application is made to the Board of Trustees for a disability pension
and the Board of Trustees receives evidence of the disability and decides whether or not
the pension is to be granted. If the pension is granted, the benefit amount shall be:
(1) If the injury or disease is service connected, the Firefighter shall be
entitled to the greater of (a) or (b):
a. a monthly pension equal to 42% of his average compensation
based upon his final 5 years of service, or
b. an amount equal to the number of years of his credited service
multiplied by 3% of his average monthly salary based upon his
final 5 years of service.
(2) If the injury or disease is not service connected, the Firefighter shall be
entitled to the greater of (a) or (b):
a. a monthly pension equal to 25% of his average compensation
based upon his final 5 years of service, or
b. an amount equal to the number of years of his credited service
multiplied by 3% of his average monthly salary based upon his
final 5 years of service.
Any condition or impairment of health of a Firefighter caused by tuberculosis,
hypertension or heart disease resulting in death or total disability is presumed to have
been suffered in the line of duty unless the contrary is shown by competent evidence;
provided that the Firefighter has successfully passed a physical examination on entering
into service and there is no evidence of the condition at that time.
Each Firefighter who is claiming disability benefits shall establish, to the satisfaction
of the Board, that such disability was not occasioned primarily by:
a. Excessive or habitual use of any drugs, intoxicants or alcohol.
b. Injury or disease sustained while willfully and illegally
participating in fights, riots or civil insurrections.
c. Injury or disease sustained while committing a crime.
d. Injury or disease sustained while serving in any branch of the
Armed Forces.
e. Injury or disease sustained after his employment as a
Firefighter with the Village of Tequesta shall have terminated.
f. Willful, wanton or gross negligence of the member.
• g. Injury or disease sustained by the Firefighter while working for
anyone other than the Village and arising out of such
employment.
FlNAL DF{AFr~llage of Tequesta/August 24, 1993rj
A retired disabled Firefighter is subject to periodic medical examinations as directed
by the Board to determine whether a disability continues.
G. Death Before Retirement. If a Firefighter dies prior to retirement from the Fire
Department, his beneficiary shall receive the following benefit:
a. Line-of-Duty-Death-Benefit is a pension to the spouse (or
children) of 50% of Average Compensation for live or
remarriage.
b. Non-Line-of-Duty-Death the spouse of a member with 10 years
of credited service will receive the actuarial equivalent of the
accrued early or normal retirement benefit.
H. Termination of Employment and Vesting. If a Firefighter's employment is
terminated, either voluntarily or involuntarily, the following benefits are payable:
(1) If the Firefighter has less than 10 years of credited service upon
termination, the Firefighter shall be entitled to a refund of the money he has contributed
or the Firefighter may leave it deposited with the Fund.
(2) If the Firefighter has 10 or more years of credited service upon
termination, the Firefighter shall be entitled to their accrued monthly retirement benefit,
starting at the Firefighter's otherwise normal or early retirement date (reduced), provided
he does not elect to withdraw his contributions and provided the Firefighter survives to
his normal or early retirement date.
I. Additional Credited Service. In addition to credited service actually earned in the
employment of the Fire Department, a Firefighter may also receive credited service as
follows:
A Firefighter may purchase credited service for the time a Firefighter serves
or has served in the military service of the Armed Forces of the United States or the
United States Merchant Marine, prior to first and initial employment with the Fire
Department, not to exceed 5 years, by paying into the Plan an amount to be determined
by the Plan's actuary, which will result in no additional-cost to the Plan. A Firefighter may
request and must pay the cost of determining this calculated amount.
J. Contributions and Funding. The Village is paying the portion of the cost of the
pension over and above the Firefighter's contributions and any amounts received from
the state insurance rebates. A Firefighter contributes 5% of his salary to the Plan. The
Firefighter's contribution will be excluded from his or her gross income for withholding
purposes so he or she will realize income tax benefits. A Firefighter's contributions are
guaranteed refundable in any event.
FINAL DRAF7~Ilage of Tequesta/August 24, 1993 s
K. Minimum Benefits. In no event will the benefits paid from this Plan be any less
than a member's accumulated contributions.
L. Maximum Benefits. In no event will the benefits paid from this Plan exceed the
lessor of:
(1) An amount as set forth in Section 415 of the Internal Revenue Code, or
(2) 100% of the member's W-2 earnings for the 3 highest years.
M. Forfeiture of Pension. Any Firefighter who is convicted of certain crimes listed
in the Plan committed prior to retirement, or whose employment is terminated by reason
of his or her admitted commission, aid or abetment of these crimes shall forfeit all rights
and benefits under the Plan, except for the return of his or her contributions as of the date
of his or her termination.
N. Claims Procedure Before the Board. Any member may request in writing that
the Board review any denial of any claim for benefits under the Plan. The Board will
review the case and enter a decision as it deems proper within 60 days from the date of
the receipt of such written request.
In the event of a disability claim, the Board will render a decision on the
claim within 60 days from the receipt of written medical release authorization and a list of
all treating health care providers.
• The Board may extend the time for rendering a decision by an additional 45
days it determines that such time is necessary for discovery and full and adequate review.
In the event that the Board denies the claim for benefits, the order of the
Board will be in writing and will include:
(1) The specific reasons for denial;
(2) A description of any additional information that the Board feels is
necessary for the member to perfect his or her claim;
(3) An explanation of the review procedure next open to the member which
includes a formal evidentiary hearing.
4. NON-FORFEITABILITY OF PENSION BENEFITS
A. Liquidation of Pension Fund Assets. In the event of repeal, or if contributions
. to the Fund are discontinued by the Village, there will be a full vesting of benefits accrued
to date of repeal.
FlNAL DRAFr~llage of Tequesta/August 24, 1993 ']
B. Interest of Members in Pension Fund. At no time prior to the satisfaction of all
liabilities under the Plan shall any assets of the Plan be used for any purpose other than
for the Firefighter's exclusive benefit. In any event, a Firefighter's contributions to the Plan
are non-forfeitable.
5. VESTING OF BENEFITS
A Firefighter's retirement benefits are fully vested after 10 years of credited service.
6. APPLICABLE LAW
The Plan is governed by the following federal, state and local laws:
A. Internal Revenue Code and amendments thereto.
B. Chapter 166, Florida Statutes, "Municipalities, General Provisions"
C. Chapter 175, Florida Statutes, "Municipal Firefighters' Retirement Trust
Funds".
D. Chapter 175.351 - "Florida Statutes, "Municipalities Having Their Own Pension
Plans for Firefighters".
E. Part VIII, Chapter 112, Florida Statutes, "Actuarial Soundness of Retirement
• Systems".
F. Ordinances of the Village of Tequesta.
G. Administrative rules and regulations adopted by the Board of Trustees.
7. PLAN YEAR AND PLAN RECORDS
The Plan year begins on October 1 of each year and ends on September 30. All
records of the Plan are maintained on the basis of the Plan year.
8. FINANCIAL AND ACTUARIAL INFORMATION
A report of pertinent financial and actuarial information on the solvency and actuarial
soundness of the Plan has been prepared by the Pension Plan's actuary.
FlNAL DRAFT~IIage of Tequesta/August 24, 1993 $
EXHIBIT "A"
BOARD OF TRUSTEES
The names and addresses of the members of the Board of Trustees are:
Chairman:
Secretary:
Member:
Member:
Member:
* TO BE DETERMINED
n
LJ
FlNAL DRAFT~IIage of Tequesta/August 24, 1993 9
EXHIBIT "A"
;~
VILLAGE OF TEQUESTA
MUNICIPAL FIREMEN'S PENSION TRUST FUND
PROPOSED PROVISIONS
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TABLE OF CONTENTS
PAGE
Section 1 DEFINITIONS
Section 1.01 -Statement of Definitions 1
Section 1.02 -Gender 3
Section 2 MEMBERSHIP
Section 2.01 -Condition of Eligibility 3
Section 2.02 -Membership 4
Section 2.03 -Change in Designation of Beneficiary 4
Section 3 BOARD OF TRUSTEES
Section 3.01 -Board of Trustees 4
Section 4 FINANCES AND FUND MANAGEMENT
Section 4.01 -Establishment and Operation of Fund 7
Section 5 CONTRIBUTIONS
• Section 5.01 -Member Contributions 13
Section 5.02 -State Contribution 13
Section 5.03 -Village Contributions 14
Section 5.04 -Other 14
Section 6 BENEFIT AMOUNTS AND ELIGIBILITY
Section 6.01 -Normal Retirement Date 14
Section 6.02 -Normal Retirement Benefit 15
Section 6.03 -Early Retirement Date 15
Section 6.04 -Early Retirement Benefit 15
Section 7 PRE-RETIREMENT DEATH
Section 7.01 -Prior to Vesting or 16
Eligibility for Retirement
• Section 7.02 -Deceased Firefighters Vested or 16
Eligible for Retirement
Paae
Section 8 DISABILITY
Section 8.01 -Disability Benefits On-Duty 16
Section 8.02 -Disability Benefits Off-Duty 17
Section 8.03 -Conditions Disqualifying Disability Benefits 18
Section 8.04 -Physical Examination Requirement 18
Section 8.05 -Disability Payments 19
Section 9 VESTING 20
Section 10 OPTIONAL FORMS OF BENEFITS 21
Section 11 BENEFICIARIES 24
Section 12 CLAIMS PROCEDURES BEFORE 24
THE BOARD DECISION
Section 13 REPORTS TO DEPARTMENT OF INSURANCE 28
Section 14 ROSTER OF RETIREES 29
Section 15 BOARD ATTORNEY AND PROFESSIONAL 29
Section 16 MAXIMUM PENSION 29
•
Section 16.01 -Basic Limitation 29
Section 16.02 -Participation in Other 30
Defined Benefit Plans
Section 16.03 -Adjustments in Limitations 31
Section 16.04 -Less Than Ten Years of Service 31
Section 16.05 - $10,000 Limit 31
Section 16.06 -Accrued Benefit as of Effective Date 32
Section 16.07 -Member in Defined Contribution Plan 32
Section 16.08 -Reduction of Benefits 32
Section 16.09 -Cost-of-Living Adjustments 33
Section 16.10 -Additional Limitation on 33
Pension Benefits
Section 17 COMMENCEMENT OF BENEFITS 33
Section 18 DISTRIBUTION OF BENEFITS 34
• Section 19 MISCELLANEOUS PROVISIONS
Section 19.01 -Interest of Members in Pension Plan 36
Section 19.02 -Liquidation of Pension Fund Assets 36
Section 20 REPEAL OR TERMINATION OF SYSTEM 38
•
Section 21 EXEMPTION FROM EXECUTION,
NON ASSIGNABILITY
Section 22 PENSION VALIDITY
Section 23 FORFEITURE OF PENSION
Section 24 MILITARY SERVICE PRIOR TO EMPLOYMENT
Paae
42
42
43
44
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PROPOSED PROVISIONS
VILLAGE OF TEQUESTA
MUNICIPAL FIREMEN'S PENSION TRUST FUND
Section 1. DEFINITIONS
1. As used herein, unless otherwise defined or required by the context, the
following words and phrases shall have the meaning indicated:
Accumulated Contribution means a Member's own contributions without interest.
Act means the Employee Retirement Income Act of 1974 (p. L. 93-406) as amended
by the Retirement Equity Acto of 1984 (P.L. 98-397) and any regulations issued
thereunder by the Department of Labor and the Internal Revenue Service, as that Statute
and these regulations shall be amended.
Actuarial Equivalent means a benefit or amount of equal value, based upon the
1981 UP Mortality table, and an 8% rate of interest.
• Averaae Final Compensation shall mean one-twelfth (1 /12) of the average salary
of the five (5) best years of the last ten (10) years of credited service prior to retirement,
termination, or death, or the career average as a full-time Firefighter, whichever is greater.
A year shall be twelve (12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at
the death of a Member who has or have been designated in writing by the Member and
filed with the Board. If no such designation is in effect, or if no person so designated in
living, at the time of death of the Member, the beneficiary shall be the estate of the
Member.
Board means the Board of Trustees, which shall administer and manage the
System herein provided and service as Trustees of the Fund.
Page 1
Code means the Internal Revenue Code of 1986, as amended from time to time.
Credited Service means the total number of years and fractional parts of years of
service as a Firefighter and member contributions to the Plan, omitting intervening years
or fractional parts of years when such Firefighter may not be employed by the Fire
Department. A Firefighter may voluntarily leave his contribution in the Fund for a period
of five (5) years after leaving the employ of the Fire Department pending the possibility
of being rehired and remaining employed for a period of not less than three (3) years,
without losing credit for the time of active participation as a Firefighter. If the Firefighter
does not remain employed for a period of three (3) years upon reemployment within five
(5) years, then the accumulated contribution will be returned. The years or fractional
parts of years that a Firefighter serves in the military service of the Armed Forces of the
United States Merchant Marine, voluntarily, upon being granted leave by the Fire
Department and separation from employment as a Firefighter with the Fire Department,
• shall be added to his years of credited service provided that:
A. The Firefighter must return to his employment as a Firefighter
with the Fire Department within one (1) year from the date of
his military discharge.
B. The Firefighter deposits into the Fund the same sum that the
Member would have contributed if he had remained a
Firefighter, plus an amount of interest that substantially
approximates the amount earned by the Fund from the date
of return to employment to the date of deposit.
• C. The maximum credit for military service shall be five (5) years.
Page 2
Effective Date means the date on which this Ordinance becomes effective.
Department or Fire Department means the Tequesta Fire Department, Inc.
Firefighter means an actively employed full-time person employed by the Fire
Department, including his initial probationary employment period, who is certified as a
Firefighter as a condition of employment in accordance with the provisions of 633.35
Florida Statutes and whose duty is to extinguish fires, to protect life and to protect
property.
Fund means the Trust Fund established herein as part of the System.
Member means an actively employed Firefighter who fulfills the prescribed
participation requirements.
Salarv means base compensation to include regular earnings, vacation pay, sick
pay, longevity pay and paramedic incentive pay, plus all tax deferred items of
income, excluding lump sum payments.
Souse means the lawful wife or husband of a Member at the time of pre-
•
retirement, death or retirement.
System means the Village of Tequesta Municipal Firemen's Pension Trust Fund as
contained herein and all amendments thereto.
Village means the Village of Tequesta, Florida.
2. Masculine Gender. The masculine gender, where used herein, unless the
context specifically requires otherwise, shall include both the feminine and masculine
genders.
Section 2. MEMBERSHIP
1. Condition of Eli - ibilitx
•
All Firefighters as of the effective date, and all future new Firefighters, shall
become Members of this System as a condition of employment.
Page 3
2. Membership
Each Firefighter shall complete a form prescribed by the Board providing the
following information:
A. Acceptance of the terms and conditions of the Retirement
System, and,
B. Designation of a beneficiary or beneficiaries, and,
C. A certified statement as to prior medical and psychological history.
3. Change in Designation of Beneficiary
A Member may from time to time change his designated beneficiary by
written notice to the Board upon forms provided by the Board. Upon such change, the
rights of all previously designated beneficiaries to receive any benefits under the System
shall cease.
Section 3. BOARD OF TRUSTEES
• 1. The sole and exclusive administration of an responsibility for the proper
operation of the retirement system and for making effective the provisions of this
ordinance are hereby vested in a Board of Trustees consisting of five (5) Trustees, two
of whom, unless otherwise prohibited by law, shall be legal residents of the municipality,
who shall be appointed by the Tequesta Village Council, and two of whom shall be full-
time Firefighter Members of the system, who shall be elected by a majority of the
Firefighters who are Members of the system. The fifth Trustee shall be chosen for a two
(2) year term by a majority of the previous four Trustees as provided for herein, and such
person's name shall be submitted to the Tequesta village Council. Upon receipt of the
fifth person's name, the Tequesta Village Council shall, as a ministerial duty, appoint such
• person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same
Page 4
rights as each of the other four Trustees appointed or elected as herein provided and
shall serve a two (2) year term unless the office is sooner vacated and may succeed
himself in office. Each resident Trustee shall serve as Trustee for a period of tow (2),
unless sooner replaced by the Tequesta Village Council at whose pleasure the Trustee
shall serve, and may succeed himself as a Trustee. Each Firefighter Trustee shall serve
as Trustee for a period of two (2) years, unless he sooner leaves the employment of the
Fire Department as a Firefighter or otherwise vacates his office as Trustee, whereupon
a successor shall be chosen in the same manner as the departing Trustee. Each
Firefighter may succeed himself in office. The Board of Trustees shall meet at least
quarterly each year. Each Board of Trustees shall be a legal entity with, in addition to
others powers and responsibilities contained herein, the power to bring and defend
lawsuits of every kind, nature, and description.
2. The Trustees shall, by a majority vote, elect a chairman and a secretary.
The secretary of the Board shall keep a complete minute book of the actions, proceeding,
• or hearings of the Board. The Trustees shall not receive any compensation as such, but
may receive expenses and per diem as provided by law.
3. Each Trustee shall be entitled to one vote on the Board. Three (3)
affirmative votes shall be necessary for any decision by the Trustees at any meeting of
the Board. A Trustee shall have the right to abstain from voting as the result of a conflict
of interest provided that Trustee states in writing the nature of the conflict complies with
the provisions of Section 112.3143, Florida Statutes.
4. The Board of Trustees shall engage such actuarial, accounting, legal, and
other services as shall be required to transact the business of the Retirement System.
The compensation of all persons engaged by the Board of Trustees and all other
• expenses of the Board necessary for the operation of the Retirement System shall be paid
from the Fund at such rates and in such amounts as the Board of Trustees shall approve.
Page 5
5. The duties and responsibilities of the Board of Trustees shall include, but
not necessarily be limited to, the following:
A. To construe the provisions of the System and determine all
questions arising thereunder.
B. To determine all questions relating to eligibility and participation.
C. To determine and certify the amount of all retirement allowances
or other benefits hereunder.
D. To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications and all matters
required to administer the System.
E. To distribute to Members, at regular intervals, information
concerning the System.
F. To receive and process all applications for participation and
benefits.
G. To authorize all payments whatsoever from the Fund, and to
i ~ notify the disbursing agent, in writing, of approved benefit
payments and other expenditures arising through operation of the
System and Fund.
H. To have performed actuarial studies and at least biennial
valuations, and make recommendations regarding any and all
changes in the provisions of the System.
I. To perform such other duties as are specified in this Ordinance.
•
~a
Section 4. F/NANCES AND FUND MANAGEMENT.
Establishment and Ooeration of Fund.
1. As part of the System, there is hereby established the Fund, into which
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shall be deposited all of the contributions and assets whatsoever attributable to the
System, including the assets of the prior Municipal Firefighters' Trust Fund.
2. The actual custody and supervision of the Fund Land assets thereof)
shall be vested in the Board of Trustees. Payment of benefits and disbursements
from the Fund shall be made by the disbursing agent but only upon written authoriza-
tion from the Board.
3. All funds and securities of the Municipal Firefighters' Trust Fund may
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be deposited by the Board of Trustees with the Treasurer of the municipality, acting
in a ministerial capacity only, who shall be liable in the same manner and to the
same extent as he is liable for the safekeeping of funds for the municipality.
However, any funds and securities so deposited with the Treasurer of the munici-
pality shall be kept in a separate fund by the Treasurer or clearly identified as such
funds and securities of the Municipal Firefighters' Trust Fund. In lieu thereof, the
Board of Trustees shall deposit the funds and securities of the Municipal Firefighters'
Trust Fund in a qualified public depository as defined in §280.02, Florida Statutes,
which depository with regard to such funds and securities shall conform to and be
bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its
investment responsibilities as set forth herein, the Board may retain the services of
a custodian bank, an investment advisor registered under Investment Advisors Act
of 1940 or otherwise exempt from such required registration, an insurance company,
or a combination of these, for the purposes of investment decisions and manage-
ment. Such investment manager shall have discretion, subject to any guidelines as
prescribed by the Board, in the investment of all fund assets.
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4. All funds and securities of the System may be commingled in the Fund,
provided that accurate records are maintained at all times reflecting the financial
composition of the Fund, including accurate current accounts and entries as regards the
following:
A. Current amounts of Accumulated Contributions of Members on both
an individual and aggregate account basis, and
B. Receipts and disbursements, and
C. Benefit payments, and
D. Current amounts clearly reflecting all monies, funds and assets
whatsoever attributable to contributions and deposits from the Village
and/or County, and
E. All interests, dividends and gains (or losses) whatsoever, and
F. Such other entries as may be properly required so as to reflect a
clear and complete financial report of the Fund.
5. An independent audit shall be performed annually by a certified public
accountant for the most recent fiscal year of the Village showing a detailed listing of
assets and a statement of all income and disbursements during the year. Such income
and disbursements must be reconciled with the assets at the beginning and end of the
year. Such report shall reflect a complete evaluation of assets on both a cost and market
basis, as well as other items normally included in a certified audit.
6. The Board of Trustees shall have the following investment powers and
authority:
A. The Board of Trustees shall be vested with full legal title to said
Fund, subject, however, and in any event to the authority and power
• of the Tequesta Village Council to amend or terminate this Trust,
provided that no amendment or Fund termination shall ever
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result in the use of any assets of this Fund except for the
payment of regular expenses and benefits under this System. All
contributions from time to time paid into the Fund, and the
income thereof, without distinction between principal and income,
• shall be held and administered by the Board or its Agent in the
Fund and the Board shall not be required to segregate or invest
separately any portion of the Fund.
B. All monies paid into or held in the Pension Fund shall be invested
and reinvested by the Board and the investment of all or any part
of such funds shall be limited to:
(1) Annuity and life insurance contracts of life insurance
companies in amounts sufficient to provide, in whole or in
part, the benefits to which all of the participants in the
Fund shall be entitled under the provisions of this Plan and
pay the initial and subsequent premium thereon.
t2) Time or savings accounts of a national bank, a state bank
or a savings/building and loan association insured by the
' Federal Deposit Insurance Corporation.
t3) Obligations of the United States or obligations guaranteed
as to principal and interest by the government of the United
States.
(4) Bonds issued by the State of Israel.
!5) Bonds, stocks, commingled funds administered by National
or State Banks or evidences of indebtedness issued or
guaranteed by a corporation organized under the laws of
the United States, any state or organized territory of the
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United States, or the District of Columbia, provided that the
corporation is traded on a nationally recognized Exchange
and holds a rating in one of the three highest classifications
by a major rating service, and if such investments are made
• in a pooled fund administered by a state or national bank,
then the rating of each issue in the pooled fund shall hold
a rating within the top three t3) rating classifications of a
major rating service.
t6) Real estate.
(7) Foreign investments as permitted by law.
C. The Board of Trustees shall not invest more than five percent
j5 °k) -of its assets in the common stock or capital stock of any
one issuing company, nor shall the aggregate investment in any
one issuing company exceed five percent (5%) of the outstanding
capital stock of that company; nor shall the aggregate of its
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nvestments in common stock, capital stock and convertible bonds
at cost exceed fifty percent t50°~) of the assets of the Fund.
D. The Board of Trustees may retain in cash and keep unproductive
of income such amount of the Fund as it may deem advisable,
having regard for the cash requirements of the System.
E. No person or entity shall be liable for the making, retention or sale
of any investment or reinvestment made as herein provided, nor
for any loss or diminishment of the Fund, except that due to his
or its own negligence, willful misconduct or lack of good faith.
F. The Board may cause any investment in securities held by it to
• be registered in or transferred into its name as Trustee or into the
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name of such nominee as it may direct, or it may retain them
unregistered and inform permitting transferability, but the books and
records shall at all times show that all investments are part of the
Trust Fund.
• G. The Board is empowered, but is not required, to vote upon any
stocks, bonds, or securities of any corporation, association, or trust
and to give general or specific proxies or powers of attorney with or
without power of substitution; to participate in mergers,
reorganizations, recapitalization, consolidations and similar
transactions with respect to such securities; to deposit such
stock or other securities in any voting trust or any protective
or like committee with the Trustees or with depositories
designate thereby; to amortize or fail to amortize any part of
all of the premium or discount resulting from the acquisition or
disposition of assets; and generally to exercise any of the powers of
an owner with respect to stocks, bonds, or other investments
comprising the Fund which it may deem to be to the best interest of
the Fund to exercise.
H. The Board shall not be required to make any inventory or appraisal
or report to any court, nor to secure any order of court for the
exercise of any power contained herein.
I. Where any action which the Board is required to take or any duty or
function which it is required to perform either under the terms herein
• or under the general law applicable to it as Trustee under this
Ordinance, can reasonably be taken or performed only after
receipt by it from a Member, the Village, the Department or any
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other entity, of specific information, certification, direction or
instructions, the Board shall be free of liability in failing to take
such action or perform such duty or function until such informa-
tion, certification, direction or instruction has been received by it.
J. Any overpayments or underpayments from the Fund to a Member
or beneficiary caused by errors of computation shall be adjusted
with interest at a rate per annum approved by the Board. Over
payment shall be charged against payments next succeeding the
correction. Underpayments shalt be made up from the Trust
Fund.
K. The Board shall sustain no liability whatsoever for the sufficiency
of the Fund to meet the payments and benefits herein provided
for.
L. In any application to or proceeding or action in the courts, only
the Board shall be a necessary party, and no Member or other
person having an interest in the Fund shall be entitled to any
notice or service of process. Any judgment entered in such a
proceeding or action shall be conclusive upon all persons.
M. Any of the foregoing powers and functions reposed in the Board
may be performed or carried out by the Board through duly
authorized Agents, provided that the Board at all times maintains
continuous supervision over the acts of any such Agent; provided
further, that legal title to said Fund shall always remain in the
Board of Trustees.
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N. The Board shall not invest more than ten percent (10%) at cost of its
assets in real property or real estate an there shall be no investment
in a limited partnership or trust.
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Section 5. CONTRIBUTIONS
1. Member Contributions
A. Amount. Members of the Retirement System shall be required to
make regular contributions to the Fund in the amount of five percent
(5%) of his salary. Member contributions withheld by the Department
on behalf of the Member shall be deposited with the Board of
Trustees at least monthly. The contributions made by each Member
to the Fund shall be designed as employer contributions pursuant to
414(h) of the Internal Revenue Code of 1986. Such designation is
contingent upon the contributions being excluded from the Members'
gross income for Federal Income Tax purposes. For all other
purposes of the Plan, such contributions shall be considered to be
Member contributions.
B. Method. Such contributions shall be made by payroll deduction.
2. State Contributions.
Any monies received or receivable by reason of laws of the State of Florida,
for the express purpose of funding and paying for retirement benefits for Firefighters shall
be deposited in the Trust Fund comprising part of this System immediately and under no
circumstances more than five (5) days after receipt by the Village.
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3. Village Contributions
So long as this System is in effect, the Village shall make quarterly
contributions to the Trust Fund in an amount equal to the difference in each year,
between the total aggregate Member contributions for the year, plus state contributions
for such year, and the total cost for any year shall be defined as the total normal cost
plus the additional amount sufficient to amortize the unfunded past service liability over
the appropriate periods, commencing with the fiscal year in which the effective date of this
system occurs.
4. Other
Private donations, gifts and contributions may be deposited to the Fund, but
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such deposits must be separately and ,dept on a segregated bookkeeping basis. Funds
arising from these sources may be used only for additional benefits for Members, as
determined by the Board, and may not be used to reduce what would have otherwise
been required Village contributions.
Secfion 6. BENEFIT AMOUNTS AND ELIGIBILITY
1. Normal Retirement Date
A Member's normal retirement date shall be the first day of the month
coincident with, or the next following the earlier of:
a) attainment of age fifty-five (55) and the completion of (10) years of
credited service, or
b) attainment of age fifty-two (52) and the completion of twenty-five (25)
credited service.
A Member may retire on his normal retirement date or on the first day of any month
thereafter, and each Member shall become 100% vested in his accrued benefit on the
Member's normal retirement date. Normal retirement under the Plan is retirement from
employment with the Fire Department on or after the normal retirement date.
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2. Normal Retirement Benefit
A Member retiring hereunder on or after his normal retirement date shall
receive a monthly benefit which shall commence on his Retirement Date and be continued
thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty
(120) monthly payments guaranteed in any event. The monthly retirement benefit shall
equal three percent (3°k) of average final compensation, for each year of credited service
(3% x average final compensation x years of credited service).
3. Earl Retirement Date
A Member may retire on his early retirement date which shall be the first day
of any month coincident with or next following the later of the attainment of age fifty (50)
and the completion of ten (10) years of credited service. Early retirement under the Plan
is retirement from employment with the Fire Department on or after the early retirement
date and prior to the normal retirement date.
4. Early Retirement Benefit
A member retiring hereunder on his early retirement date may receive either
a deferred or an immediate monthly retirement benefit payable for life as follows:
A. A deferred monthly retirement benefit which shall commence on what
would have been his normal retirement date had he remained a
Firefighter and shall be continued on the first day of each month
thereafter. The amount of each such deferred monthly retirement
benefit shall be determined in the same manner as for retirement as
his normal retirement date except that credited service and average
final compensation shall be determined as of his early retirement
t date; or
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B. An immediate monthly retirement benefit which shall commence on
his early retirement date and shall be continued on the first day of
each month thereafter. The benefit payable shall be as determined
in paragraph A above, which is actuarially reduced from the amount
• to which he would have been entitled had he retired on his normal
retirement date and with the same number of years on his normal
retirement date with the same number of years of credited service as
at the time his benefits commence and based on his average final
compensation at that date. In no event shall the early retirement
reduction exceed five percent (5%) for each year by which the
commencement of benefits precedes the Member's normal
retirement date.
Section 7. PRE-RETIREMENT DEATH
1. Death Before Retirement. If a Firefighter dies prior to retirement from the
Fire Department, his beneficiary shall receive the following benefit:
A. Line-of-Duty-Benefit is a pension to the spouse (or children) of 50%
of Average Compensation for live or remarriage.
B. Non-Line-of-Duty-Death the spouse of a member with 10 years of
credited service will receive the actuarial equivalent of the accrued
early or normal retirement benefit.
Section 8. DISABILITY
1. Disability Benefits On-Duerr.
• Each Firefighter who is a participant in the Pension Fund System and who
shall have become totally and permanently disabled while an active Member of
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the Tequesta Fire Department to the extent that he is unable, by reason of a medically
determinable physical or mental impairment, to render useful and efficient service as a
Firefighter, which disability was directly caused by the performance of his duty as a
Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to:
• 1. If the injury or disease is service connected, the Firefighter shall be
entitled to the greater of (a) or (b):
a. a monthly pension equal to ~42% of his average
compensation based upon his final 5 years of service, or
b. an amount equal to the number of years of his credited
service multiplied by 3% of his average monthly salary
based upon his final 5 years of service.
Any condition or impairment of health of Firefighter caused by tuberculosis,
hypertension or heart disease shall be presumed to have been suffered in line of duty unless
the contrary is shown by competent evidence, provided that such Firefighter shall have
successfully passed a physical examination upon entering into such service, including
cardiogram, which examination failed to reveal any evidence of such condition; and provided
further, that such presumption shall not apply to benefits payable or granted in a policy of
life insurance or disability insurance
2. Disability Benefits Off-Duty
Every Firefighter who is a participant in the Pension Fund System who
shall have become totally and permanently disabled to the extent that he is unable, by reason
of a medically determinable physical or mental impairment, to render useful and efficient
service as a Firefighter, which disability is not directly caused by the performance of his
duties as a Firefighter shall be entitled to:
• 1. If the injury or disease in not service connected, the Firefighter shall
be entitled to the greater of (a) or (b):
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a. a monthly pension equal to 25% of his average
compensation based upon his final 5 years of service, or
b. an amount equal to the number of years of his credited
service multiplied by 3% of his average monthly salary
• based upon his final 5 years of service.
3. Conditions Disqualifying Disability Benefits.
Each Firefighter who is claiming disability benefits shall establish, to the
satisfaction of the Board, that such disability was not occasioned primarily by:
A. Excessive or habitual use of any drugs, intoxicants or alcohol.
B. Injury or disease sustained while willfully and illegally participating
in fights, riots or civil insurrections.
C. Injury or disease sustained while committing a crime.
D. Injury or disease sustained while serving in any branch of the
Armed Forces.
E. Injury or disease sustained after his employment as a Firefighter
with the Fire Department shall have terminated.
F. Willful, wanton or gross negligence of the Member.
G. Injury or disease sustained by the Firefighter while working for
anyone other than the Fire Department and arising out of such
employment.
4. Physical Examination Requirement.
A Firefighter shall not become eligible for disability benefits until and unless he
undergoes a physical examination by a qualified physician or physicians and/or surgeons,
who shall be selected by the Board for that purpose.
• Any Firefighter receiving disability benefits under provisions of this Ordinance
may be periodically re-examinated by a qualified physician or physicians and/or surgeon or
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surgeons who shall be selected by the Board, to determine if such disability has ceased to
exist. tf the Board finds that the retiree is no longer permanently and totally disabled to the
extent that he is unable to render useful and efficient service as a Firefighter, the Board shall
recommend to the Department that the retiree be returned to performance of duty as a
• Firefighter, and the retiree so returned shall enjoy the same rights that Member had at the
time he was place upon pension. In the event the retiree so ordered to return shall refuse
to comply with the order within thirty (30) days from the issuance thereof, Member shall forfeit
the right to his pension.
The cost of the physical examination and/or re-examination of the Firefighter
claiming and/or receiving disability benefits shall be borne by the Board of this Pension Fund
System. All other reasonable costs as determined by the Board incident to the physical
examination, such as, but not limited to, transportation, meals and hotel accommodations,
shall be borne by the Board.
If the Firefighter recovers from disability and reenters the service of the
Department as a Firefighter, his service will be deemed to have been continuous, but the
period beginning with the first month for which he received a disability retirement income
payment and ending with the date he reentered the service of the Department wilt not be
considered as credited service for the purposes of the Plan.
The Board shall have the power and authority to make the final decision
regarding all disability claims.
5. Disability Payments.
The monthly benefit to which a Member is entitled in the event of the Member's
disability retirement shall be payable on the first day of the first month after the Board of
Trustees determines such entitlement. However, the monthly retirement income shall be
• payable as of the date the Board determined such entitlement, and any portion due for a
partial month shall be paid together with the first payment. The last payment will be:
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A. If the Firefighter recovers from the disability prior to his normal
retirement date, the payment due next preceding the date of
such recovery, or
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B. If the Firefighter dies without recovering from disability or
attains his normal retirement date while still disabled, the
payment due next preceding his death or the 120th monthly
payment, whichever is later.
Section 9. VESTING.
If a Member terminates his employment with the Fire IJepartment,
either voluntarily or by discharge, and is not eligible for any other benefits under this
System, Member shall be entitled to the following:
1. If the Member has less than ten (10) years credited service upon
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termination, the Member shall be entitled to a refund of his accumulated contribution or
Member may leave it deposited with the Fund.
2. If the Member has ten (10) or more years of credited service upon
termination, the Member shall be entitled to a monthly retirement benefit that is the
actuarial equivalent of the amount of such retirement income otherwise payable to him
commencing at Member's otherwise normal or early retirement date, provided he does
not elect to withdraw his accumulated contributions and provided Member survives to his
normal or early retirement date.
3. Any Firefighter of the System whose position is terminated, for
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whatever reason, but who is employed by the Village in some capacity, shall have all
retirement benefits accrued up to the date of such termination under this System
preserved, provided he does not elect to withdraw his accumulated contributions
from this System. Such Accrued retirement benefits shall be payable at his
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otherwise normal retirement date hereunder, or later, in accordance with the
provisions of this System.
Section 10. OPT/ONAL FORMS OF BENEFITS.
1. In lieu of the amount and form of retirement income payable in the
• event of normal or early retirement as specified herein, a Firefighter, upon written
request to the Board of Trustees and submission of evidence of good health (except
that such evidence will not be required if such request is made at least three (3)
years prior to the date of commencement of retirement income or if such request is
made within six (6) months following the effective date of the Plan, if later), and
subject to the approval of the Board of Trustees, may elect to receive a retirement
income or benefit of equivalent actuarial value payable in accordance with one of the
following options:
A. A retirement income of a larger monthly amount, payable to the
Firefighter for his lifetime only.
B. A retirement income of a modified monthly amount, payable to
the Firefighter during the joint lifetime of the Firefighter and a
dependent joint pensioner designated by the Firefighter, and
following the death of either of them, 100%, 75%, 66-2/3%, or
50% of such monthly amounts payable to the survivor for the
lifetime of the survivor.
C. Such other amount and form of retirement payments or benefits
as, in the opinion of the Board of Trustees, will best meet the
circumstances of the retiring Firefighter.
2. The Firefighter, upon electing any option of this section, will designate
the joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any,
• payable under the Plan in the event of Member's death, and will have the power to
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change such designation from time to time, but any such change shall be deemed
a new election and will be subject to approval by the Board of Trustees. Such desig-
nation will name a joint pensioner or one or more primary beneficiaries where
applicable. If a Firefighter has elected an option with a joint pensioner or beneficiary
• and Member's retirement income benefits have commenced, Member may thereafter
change his designated joint pensioner or beneficiary, but only if the Board of
Trustees consents to such change and if the joint pensioner last previously
designated by Member is alive when he files with the Board of Trustees they request
for such change.
3. The consent of a Firefighter's joint pensioner or beneficiary to any such
change shat( not be required.
4. The Board of Trustees may request such evidence of the good health
of the joint pensioner that is being removed as it may require and the amount of the
retirement income payable to ;he Firefighter upon designation of a new joint
pensioner shall be actuarially redetermined taking into account the age and sex of the
former joint pensioner, the new joint pensioner, and the Firefighter. Each such
designation will be made in writing on a form prepared by the Board of Trustees and
on completion will be filed with the Board of Trustees. In the event that no
designated beneficiary survives the Firefighter, such benefits as are payable in the
event of the death of the Firefighter subsequent to his retirement shall be paid as
provided in Section 11.
5. Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the following
limitations:
A. If a Firefighter dies prior to his normal retirement date or early
. retirement date, whichever first occurs, no retirement benefit will
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be payable under the option to any person, but the benefits, if
any, will be determined under Section 7.
B. If the designated beneficiary (or beneficiaries) or joint pensioner
dies before the Firefighter's retirement under the Plan, the option
• elected will be canceled automatically and a retirement income of
the normal form and amount will be payable to the Firefighter
upon his retirement as if the election had not been made, unless
a new election is made in accordance with the provision`s of this
section or a new beneficiary is designated by the Firefighter prior
to his retirement and within ninety (90} days after the death of
the beneficiary.
C. If both the retired Firefighter and the beneficiary (or beneficiaries)
designated by Member die before the full payment has been
effected under any option providing for payments for a period
certain and life thereafter, made pursuant to the provisions of
subsection 1, the Board of Trustees may, in its discretion, direct
that the commuted value of the remaining payments be paid in
a lump sum and in accordance with Section 11.
D. If a Firefighter continues beyond his normal retirement date
pursuant to the provisions of Section 6, subsection 1, and dies
prior to his actual retirement and while an option made pursuant
to the provisions of this section is in effect, monthly retirement
income payments will be made, or a retirement benefit will be
paid, under the option to a beneficiary (or beneficiaries)
designated by the Firefighter in the amount or amounts computed
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as if the Firefighter had retired under the option on the date on
which his death occurred.
6. A Firefighter may not change his retirement option after the date of
cashing or depositing his first retirement check.
Sec tion 71. BENEF/CZAR/ES.
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1. Each Firefighter may, on a form provided for that purpose, signed and
filed with the Board of Trustees, designate a beneficiary (or beneficiaries) to receive
the benefit, if any, which may be payable in the event of his death; and each
designation may be revoked by such Firefighter by signing and filing with the Board
of Trustees a new designation-of-beneficiary form.
2. If a deceased Firefighter fails to name a beneficiary in the manner
prescribed in subsection 1, or if the beneficiary (or beneficiaries) named by a
deceased Firefighter predeceases the Firefighter, the death benefit, if any, which may
be payable under the Plan with respect to such deceased Firefighter may be paid, in
the discretion of the Board of Trustees, either to:
~' A. The wife or dependent children of the Firefighter;
B. The dependent living parents of the Firefighter; or
C. Estate of the Firefighter.
Section 12. CLA/MS PROCEDURES BEFORE THE BOARD DEC/S/ON.
1. If any Member of the system has been:
A. Placed on pension under the terms and provisions of this
ordinance for disability, or
B. Placed on pension because the Member has served the required
number of years to entitle him to a pension, or
C. Refused benefits under this Plan, and
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is dissatisfied with the amount of pension the Member is receiving, or believes that
he should be entitled to benefits under the Plan, the Member may, in writing, request
the Board to review his case. The Board shall review the case and enter such order
thereon as it deems right and proper within sixty (60) days from receipt of such
,written request and the receipt by the Board of a written medical release authoriza-
tion and a list of names and addresses of all treating health care providers for such
review of disability claims; provided, that the Board may extend the time for entering
such order by an additional forty-five (45) days if it determines such time is
necessary for discovery in full and adequate review.
2. In the event that the order from the Board denies the claim for a change
in such benefits or denies the claim for benefits, the order of the Board shall be put
in writing. Such written order shall include:
A. The specific reasons for the denial, including specific references
to pertinent provisions of the retirement system on which such
denial is based;
~' B. A description of any additional material or information that the
Board feels is necessary for the Member to perfect his claim,
together with an explanation of why such material or information
is necessary; and
C. An explanation of the review procedure next open to the Member.
Such review procedure shall provide that:
(1) Prior to such review, the Member or his duly authorized
representative may review any pertinent documents includ-
ing Plan provisions, minutes of the meeting of the Board
in which denial of .the claim was originally recommended,
and any other documents material to the case;
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(2) After such review, the Member and/or his duly authorized
representative shall submit their case in writing to the Board
and request a hearing. Such submission shall be filed with
the Board no later than ninety (90) days after the receipt
. of the order of the Board. Upon receipt of the written sub-
mission by the Member, the Board shall schedule an oppor-
tunity for a full and fair hearing of the issue within the next
ninety (90) days, and such scheduled hearing shall be
communicated in writing to the Member. The Member
and/or his duly authorized representative may then appear
at such scheduled hearing to present their case. The Board
shall consider the facts presented at the scheduled hearing
and shall, within thirty (30) days after such hearing, make
a final ruling in writing on the request of the Member. The
written decision shall include the reasons for such decision
and, such decision shall be final.
(a) The Chairman shall preside over the hearing and shall
rule on all evidentiary and other legal questions that
arise during the hearing.
(b) Either party, the claimant or the Board, may file
pleadings within the time limits set herein.
Procedural motions are to be determined by the
Chairman of the Board at any time. All parties are
to furnish copies of all pleadings to the opposing
• parties and exchange lists with names and addresses
of witnesses expected to be called to testify at the
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hearing, as well as the list of exhibits that are
intended to be introduced, at least forty-five (45)
days prior to the hearing. Testimony of witnesses
shall be under oath or affirmation. Depositions or
• affidavits shall not be admissabte unless upon
stipulation by all parties. The Chairman, any Member
of the Board, the attorney for the Board, the claimant
and the claimant's attorney, upon recognition by the
Chairman, may direct questions to any witness during
the proceedings. Each party shall have the right to
present evidence relevant to the issues, to cross-
examine witnesses, to impeach witnesses and to
respond to the evidence presented against the party.
Each party shall have the right to present any
• opening and closing arguments. Any party may
secure the services of a court reporter to record the
proceedings with the cost to be borne by the party
requesting the court reporter or requesting the
transcription of the proceedings.
(c) In all cases, unless otherwise provided in this sec-
lion, the burden of proof shall be on the claimant
who seeks to draw his entitlement to a pension,
disability pension, or increased pension benefits.
3. In all proceedings under subsections 1 or 2 hereof, the Board shall have
• the power to subpoena and require the attendance of witnesses and the production
of documents for discovery prior to and at the proceedings provided for in each
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paragraph. A reasonable fee may be charged for the issuance of any subpoenas
not to exceed the fees set forth in Florida Statutes.
Section 13. REPORTS TO DEPARTMENT OF /NSUR.4NCE.
Each year and no later than March 15th, the Chairman of the Board shall file
• a report with the Department of Insurance containing the following:
1. Whether in fact the Municipality is in compliance with the provisions
of Chapter 175, Florida Statutes.
2. A certified statement of accounting for the most recent fiscal year of
the Municipality (or an independent audit by a certified public accountant if required
by the Department of Insurance) showing a detailed listing of assets and methods
used to value them and a statement of all income and disbursements during the year.
Such income and disbursements shall be reconciled with the assets at the beginning
and end of the year.
3. A statistical exhibit showing the number of Firefighters on the force of
the Municipality, the number included in the Pension Plan, the number of Firefighters
ineligible, classified according to the reasons for their being ineligible, and the number
of disabled and retired Firefighters and their beneficiaries receiving pension payments
and the amounts of annual retirement income or pension payments being received
by them.
4. A statement of the amount the Municipality has contributed to the
Pension Fund for the preceding plan year and the amount the Municipality will contri-
bute to the Pension Fund for the current plan year.
5. If any benefits are insured with a commercial insurance company, the
report shall include a statement of the relationship of the insured benefits to the
• benefits provided by this Ordinance. This report shall also contain information about
Pap. 28
the insurer, basis of premium rates, mortality table, interest rates and method used
in valuating retirement benefits.
6. An actuarial valuation of the retirement Plan must be made at least once
every three (3I years commencing from the last actuarial report of the Plan. Such
• valuation shall be prepared by an enrolled actuary who is enrolled under Subtitle C
of Title 3 of the Employee Retirement Income Security Act of 1974 and who is a
Member of the Society of Actuaries or the American Academy of Actuaries.
fiction 14. ROSTER OF RETIREES.
The Secretary of the Board shall keep a record of all persons enjoying
a pension under the provisions of this Ordinance in which it shall be noted the time
when the pension is allowed and when the same shall cease to be paid. Addi-
tionally, the Secretary shall keep a record of all Firefighters employed by the
Municipality in such a manner as to show the name, address, date of employment
and date such employment is terminated.
Section 15. BOARD ATTORNEY AND PROFESS/ONALS.
• The Board may employ independent legal counsel at the Pension Fund's
expense for the purposes contained herein, together with such other professional,
technical, or other advisors as the Board deems necessary.
Section 16. MAXIMUM PENS/ON.
1. Basic Limitation.
Subject to the adjustments hereinafter set forth, the maximum amount
of annual retirement income payable with respect to a Member under this Plan shall
not exceed the lesser of:
A. S90,000 (or such lesser dollar amount as may be allowable for
any calendar year pursuant to §415(b~ of the Internal Revenue
• Code, as adjusted in such calendar year for increases in the cost
Peye 29
of living in accordance with regulations issued by the Secretary
of the Treasury under §415(d) of the Code), or
B. 100% of the Member's average aggregate Compensation for the
three (3) consecutive calendar years during which the Firefighter
was an active Member and had his highest aggregate compensa-
• tion. "Compensation" shall mean the Firefighter's total annual
remuneration paid or accrued for personal services rendered to the
Fire Department during the Plan Year as reported on the
Firefighter's W-2.
For purposes of applying the above limitation, benefits payable in any
form other than a straight life annuity with no ancillary benefits shall be adjusted,
as provided by Treasury Regulations, so that such benefits are the Actuarial
Equivalent of a straight life annuity. For purposes of this Section, the following
benefits shall not be taken into account:
(1) Any ancillary benefit which is not directly related to
. retirement income benefits;
(2) Any other benefit not required under §415(b)(2) of the
fnternal Revenue Code and Regulations thereunder to be
taken into account for purposes of the limitation of
§415(b)(1) of the Internal Revenue Code.
• 2. Participation in Other Defined Benefit Plans. The limitation of this Section
with respect to any Member who at any time has been a Member in any other
defined benefit Plan (as defined in §414(j) of the Internal Revenue Code) maintained
by the Department shall apply as if the total benefits payable under all defined
benefit plans in which the Member has been a Member were payable from one
• Plan.
Paps 30
3. Adjustments in Limitations. In the event the Member's retirement benefits become
payable before age 62, the $90,000 limitation prescribed by this Section shall be reduced
in accordance with Regulations issued by the Secretary of the Treasury pursuant to the
provisions of 415(b) of the Internal Revenue Code, but not less than $75,000.
• In the event the Member's retirement benefit becomes payable before
age fifty-five (55), the $75,000 limitation shall be reduced from age fifty-five (55) in
accordance with Regulations issued by the Secretary of the Treasury pursuant to the
provision of 415(b) of the Internal Revenue Code.
If the Member' retirement benefit becomes payable after age sixty-five
(65), for purpose of determining whether this benefit meets the limitation set forth in
subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to
the benefit beginning at age 65. This adjustment shall be made using an assumed
interest rate of five percent (5%) and shall be made in accordance with regulations
promulgated by the Secretary of the Treasury or his delegate.
4. Less than Ten Years of Service. The maximum retirement benefits payable
under this Section to any Member who has completed less than ten (10) years of credited
service with the Department shall be the amount determined under subsection 1 of this
Section multiplied by a fraction, the numerator of which is the number of the Member's
years of credited service and the denominator of which is ten (10).
5. $10,000 Limit. Notwithstanding the foregoing, the retirement benefit payable
with respect to a Member shall be deemed not to exceed the limitations set forth in this
Section if the Benefits payable, with respect to such member under this Plan and under
all other qualified defined benefit pension plans to which the Village of
Department contributes, do not exceed $10,000 for the applicable Plan Year and
•
Page 31
for any prior Plan Year and the City or Department has not at any time maintained
a qualified defined contribution plan in which the Member participated.
6. Accrued Benefit as of Effective Date. Notwithstanding the above
limitations, if any Member as of the effective date hereof, has an accrued benefit
as of that date that exceeds the above limitations, then such limitations shall equal
• such accrued benefit. However, no cost of living adjustments as provided in
subsection 9 below shall be applicable to the amount of retirement benefit so
determined.
7. Member in Defined Contribution Plan. In any case where a Member under
this Plan is also a Member in a "Defined Contribution Plan" as defined in §414(i)
of the Internal Revenue Code, maintained by the City or Department, the sum of
the "Defined Benefit Plan Fraction" and the "Defined Contribution Plan Fraction"
(both as defined in §415(e) of the Internal Revenue Code) shall not, subject to the
restrictions and exceptions contained in §2004 of the Act, exceed 1.0.
8. Reduction of benefits. Reduction of benefits and/or contributions to all
plans, where required, shall be accomplished by first reducing the Member's benefit
under any defined benefit plans in which Member participated, such reduction to
be made first with respect to the plan in which Member most recently accrued
benefits and thereafter in such priority as shall be determined by the Trustees and
the Ptan Administrator of such other plans, and next, by reducing or allocating
excess forfeitures for defined contribution plans in which the Member participated,
such reduction to be made first with respect to the plan in which Member most
recently accrued benefits and thereafter in such priority as shall be established by
the Trustees and the Plan Administrator for such other provided, however, that
necessary reductions may be made in a different manner and priority pursuant to
•
CDs 3s
the agreement of the Trustees and the Plan Administrator of all other plans covering
such Member.
9. Cost-of-Living Adjustments. The limitations as stated in subsections 1, 2,
3, and 7 herein shall be adjusted to the time payment of a benefit begins in
accordance with any cost-of-living adjustments prescribed by the Secretary of the
• Treasury pursuant to §415(d) of the Internal Revenue Code.
10. Additional Limitation on Pension Benefits. Notwithstanding anything
herein to the contrary:
A. The normal retirement benefit or pension payable to a retiree who
becomes a member of the Plan and who has not previously
participated in such Plan, on or after January 1, 1980, shall not
exceed 100 percent of his average final compensation. However,
nothing contained in this section shall apply to supplemental
retirement benefits or to pension increases attributable to cost-
of-living increases or adjustments.
B. No member of the Plan who is not now a member of such Plan
shall be allowed to receive a retirement benefit or pension which
is in part or in whole based upon any service with respect to
which the member is already receiving, or will receive in the
future, a retirement benefit or pension from another retirement
system or plan. This restriction does not apply to social security
benefits or federal benefits under Chapter 67, Title 10, U.S. Code.
Section 77. COMMENCEMENT OF BENEF/TS.
1. Unless the Member otherwise elects, with such election being in writing
and to the Trustees and specifying the form of retirement income and date on
which the retirement income is to commence, the payment benefits under the Plan
Pape 33
to the Member shall commence not later than the 60th day after the close of the
Plan Year in which the latest of the following events occur:
A. The attainment by the Member of age 65;
B. The 10th anniversary of the date on which the Member
commenced participation in the Plan; or
• C. The termination of the Member's service with the Fire Department.
2. If the payment of a Member's retirement income cannot begin on the date
required under subsection 1 of this Section because the Trustees either cannot
ascertain the amount of the Member's retirement income or cannot locate the
Member after making reasonable efforts to do so, the payment of the Member's
benefit shall begin not later than sixty (60) days after the date on which the
amount can be ascertained or the Member is located, whichever is applicable. Any
such payment shall be made retroactive to a date which is not earlier than the date
on which the payment of the Member's benefit was scheduled to begin but which
is not later than the date specified under subsection 1 of this Section.
Section 78. DlSTR/BUT/ON OF BENEFtTS.
Notwithstanding any other provision of this Plan to the contrary, a form
of retirement income payable from this Plan after the effective date of this
ordinance, shall satisfy the following conditions:
1. If the retirement income is payable before the Member's death,
A. It shall either be distributed or commence to the Member not
later than April 1 of the calendar year following the later of the
calendar year in which the Member attains age 70-1 /2, or the
calendar year in which Member retires,
B. The distribution shall commence not later than the calendar year
• defined above; and a), shall be paid over the life of the Member
Peye 34
or over the lifetimes of the Member and spouse, issue or depen-
dent, or b), shall be paid over the period extending not beyond
the life expectancy of the Member and spouse, issue or
dependent.
Where a form of retirement income payment has commenced in
accordance with the preceding paragraphs and the Member dies before his entire
interest in the Plan has been distributed, the remaining portion of such interest in
the Plan shall be distributed no less rapidly than under the form of distribution in
effect at the time of the Member's death.
2. If the Member's death occurs before the distribution of his interest in the
Plan has commenced, Member's entire interest in the Plan shall be distributed
within five t5) years of Member's death, unless it is to be distributed in
accordance with the following rules:
A. The Member's remaining interest in the Plan is payable to his
spouse, issue or dependent;
• B. The remaining interest is to be distributed over the life of the
spouse, issue or dependent or over a period not extending
beyond the life expectancy of the spouse, issue or dependent;
and
C. Such distribution begins within one year of the Member's death
unless the Member's spouse, issue or dependent shall receive the
remaining interest in which case the distribution need not begin
before the date on which the Member would have attained age
70-1 /2 and if the spouse, issue or dependent dies before the
distribution to the spouse, issue or dependent begins, this
Peye 35
Section shall be applied as if the spouse, issued or dependent
were the Plan Member.
Section 19. MISCELLANEOUS PROVISIONS.
• 1. Interest of Members in Pension Fund. At no time prior to the satisfaction of
all liabilities under the Plan with respect to Members and their spouses or beneficiaries, shall
any part of the corpus or income of the Pension Fund be used for or diverted to any
purpose other than for their elusive benefit.
2. Liquidation of Pension Fund Assets.
A. In the event that contributions of the Village are permanently
discontinued or in the event that it becomes necessary for the
Village to discontinue to the Plan, the Board of Trustees shall
determine a proposed date of termination and liquidate the
Pension Fund, in accordance with the applicable requirements
of the Act governing termination. The rights of affected Plan
Members, joint annuitants, beneficiaries and surviving spouses
to benefits accrued to the date of any such termination or
discontinuance to the extent then funded shall become fully
vested and nonforfeitable and upon occurrence of such event,
the Village's aliquot share of the assets then remaining in the
Pension Fund shall be allocated among the Members and their
beneficiaries and administered and distributed at such time or
times as is determined by the Board of Trustees.
B. Any reserves which shall be released as a result of the
• application of the provisions of Section 20, subsection 3E, shall
be added to the portion of the Pension Fund which is distributed
as provided above to Members whose benefits are not restrict-
Page 36
ed, provided that in the event that all of the benefits accrued
to such Members are fully provided for, such released
reserves (or any remaining portion thereof) shall be allocated
to provide to the extent possible up to one hundred percent
• (100%) of the benefits otherwise canceled pursuant to
Section 20, subsection 3E, allocating such remaining funds in
proportion to the value of the benefits so canceled.
c. The Board of Trustees may in its discretion give effect to the
provisions of the foregoing paragraphs A and B by the
purchase of annuities, by continuing the Trust Fund in
existence and making provisions thereunder for pension
benefits, or by immediate distribution from the Trust Fund. If
the assets of the Pension Fund applicable to any asset
distribution priority category are insufficient to provide full
benefits for all persons in such group, the benefits otherwise
payable to such persons shall be reduced proportionately
except as may otherwise be specified by regulations. If there
is any balance remaining in the Pension Fund after all
obligations to Plan Members, joint annuitants, beneficiaries
and surviving spouses are met, such balance will revert to the
Village. The actuary shall calculate the allocation of the assets
of the Pension Fund in accordance with the asset distribution
priority category, and certify his calculations to the Fiduciaries.
No liquidation of assets and payment of benefits (or provision
• therefore) shall actually be made by the Board of Trustees
until after it is advised by the Village, in writing, that applicable
requirements, if any, of the Act governing termination
Page 37
of "Firefighter Pension Benefit Plans" have been, or are being,
complied with or that appropriate authorizations, waivers,
exceptions or variances have been, or are being, obtained.
3. No amendment or ordinance shall be adopted by the Village Council of the
• Village of Tequesta which shall have the effect of reducing the then vested accrued
benefits of Members or Members' beneficiaries.
Section 20. REPEAL OR TERMINATION OF SYSTEM.
1. This Ordinance establishing the System and Fund, and subsequent
Ordinances pertaining to said System and Fund, may be modified, terminated, or
amended, in whole or in part; provided that if this or any subsequent Ordinance shall be
amended or repealed in its application to any person benefiting hereunder, the amount
of benefits which at the time of any such alteration, amendment, or repeal shall have
accrued to the Member or beneficiary shall not be affected thereby, except to the extent
that the assets of the Fund may be determined to be inadequate.
2. If this Ordinance shall be repealed, or if contributions to the System are
discontinued, the Board shall continue to Administer the System in accordance with the
provisions of this Ordinance, for the sole benefit of the then Members, any beneficiaries
then receiving retirement allowances, and any future persons entitled to receive benefits
under one of the options provided for in this Ordinance who are designated by any of
said Members. In the event of repeal, or if contributions to the System are discontinued,
there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of
the System shall be allocated in an equitable manner to provide benefits on a
proportionate basis to the persons so entitled in accordance with the provisions thereof.
•
Page 38
3. The following shall be the order of priority for purposes of allocating
the assets of the System as of the date of repeal of this Ordinance, or if
contributions to the System are discontinued with the date of such discontinuation
being determined by the Board.
• A. Apportionment shall first be made in respect of each retired
Firefighter receiving a retirement or disability benefit hereunder
on such date, each person receiving a benefit on such date on
account of a retired or disabled (but since deceased) Firefighter,
and each Firefighter who has, by such date, become eligible for
normal retirement but has not yet retired, an amount which is
the actuarial equivalent of such benefit, based upon the actu-
arial assumptions in use for purposes of the most recent actuarial
valuation, provided that, if such asset value be less than the
aggregate of such amounts, such amc+unts shall be proportion-
ately reduced so that the aggregate of such reduced amounts
will be equal to such asset value.
B. If there be any asset value remaining after the apportionment
under paragraph A, apportionment shall next be made in respect
of each Firefighter in the service of the Fire Department on such
date who has completed at least ten (70) years of credited
service and who is not entitled to an apportionment under -
paragraph A, in the amount required to provide the actuarial
equivalent, as described in A above, of the accrued normal
retirement benefit, based on the credited service and average
monthly earnings as of such date, and each vested former
• Member then entitled to a deferred benefit who has not, by such
Peye 39
date, begun receiving benefit payments, in the amount required
to provide said actuarial equivalent of the accrued normal retire-
ment benefit, provided that, if such remaining asset value be less
than the aggregate of the amounts apportioned hereunder, such
• latter amounts shall be proportionately reduced so that the
aggregate of such reduced amounts will be equal to such remain-
ing asset value.
C. If there be any asset value after the apportionments under
paragraph A and B, apportionment shall be made in respect of
each Firefighter in the service of the Fire Department on such
date who is not entitled to an apportionment under paragraphs
A and B in the amount equal to Member's Accumulated Contribu-
tions, provided that, if such remaining asset value be less than
the aggregate of the amounts apportioned hereunder such latter
amount shall be proportionately reduced so that the aggregate
of such reduced amounts will be equal to such remaining asset
value.
D. If there be any asset value remaining after the apportionments
under paragraphs A, B, and C, apportionment shall lastly be
made in respect of each Firefighter included in paragraph C
above to the extent of the actuarial equivalent, as described in
paragraph A above, of the accrued normal retirement benefit,
less the amount apportioned in paragraph C, based on the
credited service and average monthly earnings as of such date,
provided that, if such remaining asset value be less than the
• aggregate of the amounts apportioned hereunder, such amounts
Psys 40
shall be reduced so that the aggregate of such amounts will be equal
to such remaining asset value.
E. In the event that there be asset value remaining after the full
apportionment specified in paragraphs A, B, C, and D, such excess
• shall be returned to the Village, less return of the State's
contributions to the State, provided that , if the excess is less than
the total contributions made by the Village and the State to the date
of termination such excess shall be divided proportionately to the
total contributions made by the Village and the State.
The allocation of the Fund provided for in this subsection may, as decided
by the Board be carried out through the purchase of insurance company contracts to
provide the benefits determined in accordance with this subsection. The Fund may be
distributed in one sum to the persons entitled to said benefits or the distribution may be
carried out in such other equitable manner as the Board may direct. The Trust may be
continued in existence for purposes of subsequent distributions.
If, at any time during the first ten (10) years after the effective date of this
Ordinance, the System shall be terminated or the full current costs of the System shall not
have been met, anything in the System to the contrary notwithstanding, Village
contributions which may be used for the benefit of any one of the twenty-five (25} highest
paid Firefighters or Participants of the Fire Department of the effective date, whose
anticipated annual retirement allowance provided by the Village's contributions at
Member's normal retirement date would exceed $1,500, shall not exceed greater of either
a) $20,000, or b), an amount computed by multiplying the smaller of $10,000 or twenty
percent (20%) of such Firefighter's average annual earnings during his last five (5) years
• of service by the number of years of service since the effective date. In the event that it
shall hereafter be determined by statute, court decision, ruling by the Commissioner of
Page 41
Internal Revenue, or otherwise, that the provisions of this paragraph are not then
necessary to qualify the System under the Internal Revenue Code, this paragraph shall
be ineffective without the necessity of further amendment of this Ordinance.
• 4. After all the vested and accrued benefits provided hereunder have been paid
and after all other liabilities have been satisfied then and only then shall any remaining
fund revert to the general Fund of the Village.
Section 21.__ EXEMPTION FROM EXECUTION. NON ASSIGNABILITY
The pensions, annuities, or any other benefits accrued or accruing to any
person under the provisions of this ordinance and the accumulated contributions and the
cash securities in the Fund created under this ordinance are hereby exempted from any
state, county or municipal tax of the state and shall not be subject to execution,
attachment, garnishment or any legal process whatsoever and shall be unassignable.
Section 22. PENSION VALIDITY
The Board of Trustees shall have the power to examine into the facts upon
which any pension shall heretofore have been granted under any prior or existing law, or
shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason.
Said Board is empowered to purge the pension rolls of any person heretofore granted a
pension under prior or existing law or heretofore granted under this ordinance if the same
is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person
who has heretofore under any prior or existing law been or who shall hereafter under this
ordinance be erroneously, improperly or illegally classified.
•
Page 42
Section 23. FORFEITURE OF PENSION.
Any Firefighter who is convicted of the following offenses committed prior
to retirement, or whose employment is terminated by reason of his admitted
commission, aid or abetment of the following specified offenses, shall forfeit all
rights and benefits under this Pension Fund, except for the return of his
• accumulated contributions as of the date of termination.
1. Specified offenses are as follows:
A. The committing, aiding or abetting of an embezzlement of public
. funds;
B. The committing, aiding or abetting of any theft by a public
officer or employee from employer;
C. Bribery in connection with the employment of a public officer or
employee;
D. Any felony specified in Chapter 838, Florida Statutes;
E. The committing of an impeachable offense.
2. The committing of any felony by a public officer or employee who
willfully and with intent to defraud the public or the public agency, for which he
acts or in which he is employed, of the right to receive the faithful performance
of his duty as a public officer or employee, realizes or obtains or attempts to
obtain a profit, gain, or advantage for himself or for some other person through
the use or attempted use of the power, rights, privileges, duties or position of his
public office or employment position.
A. Conviction shall be defined as follows:
An adjudication of guilt by a court of competent jurisdiction; a
plea of guilty or a nolo contendere; a jury verdict of guilty when
adjudication of guilt is withheld and the accused is placed on
Page 43
probation; or a conviction by the Senate of an impeachable
offense.
B. Court shall be defined as follows:
Any state or federal court of competent jurisdiction which is
exercising its jurisdiction to consider a proceeding involving the
alleged commission of a specified offense. Prior to forfeiture, the
Board of Trustees shall hold a hearing on which notice shall be
given to the Member whose benefits are being considered for
forfeiture. Said Member shall be afforded the right to have an
attorney present. No formal rules of evidence shall apply, but
the Member shall be afforded a full opportunity to present his
case against forfeiture.
Any Member who has received benefits from the system in excess of
his accumulated contributions after Member's rights were forfeited shall be
required to pay back to the Fund the amount of the benefits received in excess
of his accumulated contributions. The Board of Trustees may implement all legal
action necessary to recover such funds.
Section 24. MlL/TARY SERV/CE PR/OR TO EMPLOYMENT:
The years or fractional parts of years that a Firefighter serves or has
served in the military service of the Armed Forces of the United States or the
~ United States Merchant Marine, voluntarily or involuntarily, prior to first and initial
employment with the Fire Department shall be added to his years of credited
service provided that:
1. The Firefighter contributes to the Fund the sum that he would have
contributed had he been a member of the Plan for the years or fractional parts of
I
years far which he is requesting credit plus amounts actuarially determined such
Psis 44
that the crediting of service does not result in any cost to the Fund plus payment
of costs for al! professional services rendered to the Board in connection with the
purchase of years of credited service.
2. The request shall be made only once and made by the Firefighter on
or before the later of twelve (12) months from the effective date of this ordinance
or six (6) months from the date of his employment, with the Fire Department,
whichever is later.
3. Payment by the Firefighter of the required amount shall be made within
six (6) months of his request for credit and shall be made in one lump sum
payment upon receipt of which credited service shall be given. Credited Service
purchased pursuant to this section shall be counted for all purposes except toward
vesting of benefits.
4. The maximum credit under this Section shall be five (5) years.
i
m h tseminole. f15.2-91. f
Page 45