HomeMy WebLinkAboutDocumentation_Regular_Tab 13_04/11/20190 DAVIS &
MEASHTON, P.A.
Keith W. Davis, Esq.
Florida Bar Board Certified Attorney
City, County and Local Government Law
Email: keith@davisashtonlaw.com
April 11, 2019
MEMORANDUM
To: Mayor Brennan; Council Members Arena, Brandon, Johnson and Stone
Cc: Acting Manager Weinand, Clerk McWilliams
Fr: Attorney Davis
Re: Amendments to the General Employees' Pension Plan.
The following describes in detail the above referenced agenda item:
This ordinance proposes to amend the general employees' pension plan by providing a
re -hire after retirement provision, like the provision currently contained in the public
safety pension plan. Sections 7, 8 and 25 of the plan are amended as attached, in
order to effectuate this amendment.
There is no actuarial impact to the plan as a result of these amendments according to
the actuary.
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* LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS *
ORDINANCE NO. 12-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING
SECTION 2-61. PENSION TRUST FUNDS, EXHIBIT A, THE GENERAL
EMPLOYEES' PENSION TRUST FUND, AT SECTION 7. "BENEFIT
AMOUNTS AND ELIGIBILITY"; SECTION 8. "PRE -RETIREMENT
DEATH"; AND SECTION 25. "RE-EMPLOYMENT, ELECTION OR
APPOINTMENT TO THE VILLAGE COUNCIL AFTER RETIREMENT"
IN ORDER TO ADD A NEW "RE -HIRE AFTER RETIREMENT"
PROVISION; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 2. AND EXHIBIT A SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the general
employees' pension trust fund based on a recommendation from the pension board to add a new
"re -hire after retirement" provision similar to that which is part of the public safety plan; and
WHEREAS, said amendments have been approved by the Board of Trustees; and
WHEREAS, the pension trust fund actuary has reviewed the proposed amendments and
has made a determination that said amendments have no actuarial impact on the cost of the
pension fund; and
WHEREAS, the Village Council believes that these revisions to the general employees'
pension trust fund are in the best interests of the Village of Tequesta and the general employees'
pension trust fund beneficiaries; and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 2 of the Code of Ordinances of the Village of Tequesta is hereby
amended at Sec. 2-61 Pension Trust Funds, Exhibit A, the General Employees' Pension Trust
Fund, at section 7. "Benefit amounts and eligibility"; section 8. "Pre -retirement death"; and
section 25. "Re-employment, election or appointment to the village council after retirement" in
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order to add a new "re -hire after retirement" provision; providing that Exhibit A, Sections 7, 8
and 25 attached hereto shall be amended and hereafter shall read as attached:
Section 2: Each and every other section and subsection of Chapter 2. Administration.
of the code of ordinances of the Village of Tequesta shall remain in full force and effect as
previously enacted.
Section 3: All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon adoption.
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