HomeMy WebLinkAboutDocumentation_Regular_Tab 10_6/10/2021Agenda Item #10.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jun 10 2021
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE 10-21, SECOND READING, 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 B, PUBLIC SAFETY OFFICERS' PENSION TRUST FUND, ADOPTING REVISIONS TO
INCORPORATE PROVISIONS OF THE SETTLEMENT AGREEMENT BETWEEN THE VILLAGE AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION CONCERNING THE POLICE
OFFICERS' SHARE PLAN; AMENDING SECTION 28, "DEFINED CONTRIBUTION COMPONENT";
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2.
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.
This ordinance puts into place amendments to the public safety pension plan for police that were
negotiated as part of the settlement of a pending grievance matter. The Village Council will have had to
approve the associated settlement agreement prior to taking action to approve this ordinance.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Following approval of the associated settlement agreement, recommend approval on first reading.
Ordinance Implementing PBA Grievance Settlement FINAL First Reading May 2021
Page 119 of 485
Agenda Item #10.
First Reading May 13, 2021
ORDINANCE NO. 10-21
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 B, PUBLIC
SAFETY OFFICERS' PENSION TRUST FUND, ADOPTING
REVISIONS TO INCORPORATE PROVISIONS OF THE SETTLEMENT
AGREEMENT BETWEEN THE VILLAGE AND PALM BEACH
COUNTY POLICE BENEVOLENT ASSOCIATION CONCERNING THE
POLICE OFFICERS' SHARE PLAN; AMENDING SECTION 28,
"DEFINED CONTRIBUTION COMPONENT"; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 2. 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 of Tequesta and Palm Beach County Police
Benevolent Association ("PBA") recently entered into a settlement resolving the
issues raised in a grievance filed by the PBA concerning the amounts allocated to
police officers' accounts in the defined contribution component ("share plan") of the
Public Safety Officers' Pension Trust Fund ("Pension Plan"); and
WHEREAS, the PBA settlement has been agreed to by the Village and the
PBA, and has been signed and agreed to by all the affected police officers; and
WHEREAS, under the terms of the PBA settlement, the share plan account
balances of certain current and former police officers are to be adjusted as reflected
in the settlement agreement; and
WHEREAS, to implement the terms of the PBA settlement agreement, it is
necessary to amend the Public Safety Officers Pension Trust Fund, as set forth
herein.
01482677-2
Page 120 of 485
Agenda Item #10.
First Reading May 13, 2021
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Chapter 2, Section 2-61 of the Code of Ordinances of the Village of
Tequesta, entitled "Pension Trust Funds", as amended by Ordinance No. 2-19, is
hereby amended to revise Exhibit B to Ordinance 2-19 by Section 28, "Defined
Contribution Component", to read as follows:
Section 28. Defined Contribution Component
1. Pursuant to the requirements of Florida Statutes 175.351(6) and 185.35(6), a
defined contribution plan component is established in addition to the defined
benefit component of this local law Plan. This defined contribution component
is not currently funded for the firefighters and is not funded for Police Officers
after the initial distribution provided for below. If the plan is funded, the Board
of Trustees has the authority to adopt rules regarding the operation of the
defined contribution component of the local law plan.
2. One-half of the accumulated unused 185 money as of September 30, 2014
($166,657.50) is divided pro-rata among the police officer Members as of
January 1, 2019 based on months of service into share accounts as set forth
below from the Memorandum of Understanding between the Village of
Tequesta and the Palm Beach County Police Benevolent Association dated
January 11, 2019. These share account balances will be credited with
earnings and losses based on the earnings of the Fund as a whole with the
first allocation of earnings and losses as of March 31, 2019. The balances are
payable to the named police officer Members upon the Member's eligibility for
and receipt of a pension from this Plan.
Name Eligibility Date Shared Amounts
1. Smolen, Keith 2/6/01 $27,479.40
2. Fabiano, Joseph 4/4/05 $21,245.65
3. Lally, Maximilian 10/29/07 $17,301.85
4. Korkowski, Raymond 11 /19/07 $17,174.63
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Agenda Item #10.
First Reading May 13, 2021
5.
Ramirez, Ariel
12/22/08
$15,520.77
6.
Blanc, Kurt
5/22/11
$11,831.41
7.
Johnson, Aaron
6/20/11
$11,322.53
8.
Yildiz, Emir
12/31/12
$8,778.14
9.
Muniz, Matthew
3/3/14
$7,633.17
10.
Waychowsky, Daniel
6/4/14
$7,251.51
11.
Franklin, Jonathan
7/30/14
$6,997.07
12.
Jarrell, Thomas
11/1/16
$3,562.15
13.
Scaduto, Christopher
11/1/16
$3,562.15
14.
Loney, Michael
3/20/17
$2,926.05
15.
Baldwin, Timothy
9/14/17
$2,289.95
16.
Donadio, Tana
3/4/18
$1,526.63
17.
Robinson, Calvin
12/17/18
$ 254.44
Total: $166,657.50
3. To settle a arievance filed on Mav 19. 2020 reaardina the amount of
contributions Police Officer Members were required to make to purchase
service when they joined the Pension Plan in March 2019, the Village and the
Palm Beach County Police Benevolent Association agreed to adjust the
Police Officer Members' Share Account balances as set forth below effective
within 60 days following [effective date of Ordinancel. These share account
balances will be credited/debited with earnings and losses based on the net
earnings/losses of the Fund as a whole, with the first allocation of earnings
and losses following [effective date of Ordinancel. The share account
balances are payable to the named police officer Members upon the
Member's eligibility for and receipt of a pension from this Plan. Any additions
to these accounts as a result of the settlement will be considered Member
Contributions.
01482677-2
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Agenda Item #10.
First Reading May 13, 2021
A. The followina Members will have deductions from their Share Account
balance in the amounts specified below:
Name
Share Adjustment
(1)
Baldwin, Timothy
($378.57)
(2)
Blanc, Kurt
($7,316.01)
(3)
Jarrell, Thomas
($1,023.67)
(4)
Loney, Michael
($705.74)
(5)
Muniz, Matthew
($609.28)
(6)
Scaduto, Christopher
($646.50)
(7)
Yildiz, Emir
($3,455.32)
B. The following Members will have additions to their Share Account
balance in the amounts specified below:
Name
Franklin. Jonathan
Share Adiustment
615.92
(2) Johnson, Aaron $12,688.05
(3) Waychowsky, Daniel $6,270.13
C. The Village will make a one-time deposit of $7,439.01 as the Village's
share of the grievance settlement. This amount will be used to balance
the above deductions and additions. and will be considered Member
Contributions for the Members who receive the additions.
Section 2: Each and every section and subsection of Chapter 2, Section 2-61
of the Code of Ordinances of the Village of Tequesta, entitled "Pension Trust Funds",
as amended by Ordinance No. 2-19, shall remain in full force and effect as
previously enacted, except as amended by this Ordinance.
01482677-2
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Agenda Item #10.
First Reading May 13, 2021
Section 3: All Ordinances or parts of Ordinances in conflict herewith 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.
01482677-2
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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