HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_7/12/2001 To: Michael Couzzo, Village Manager
From: JoAnn Forsythe, Finance Director
Date: July 6, 2001
Re: Employee's Pension Trust Funds/Ordinance Amendments to be
Considered by the Village of Tequesta Village Council at the July 12,
2001 Village Council Meeting
Pursuant to the attached letter by John B. McCracken, attorney for the Village of
Tequesta's Pensions Funds, the attached ordinance amending Section 2-30 of
the Code of Ordinances of the Village of Tequesta should be brought before the
Village Council for approval in order to bring the Village's existing ordinance in
compliance with state law.
Cc: Mary Wolcott, Village Clerk
Cc: Dan Gallagher, Project Accountant
Cc. Kim Bodinizzo,Personnel Specialist.
JUL. 6.2001 2:36PM JONES FOSTER JOHNSTON & SIUHBS NU.t8T' r.ize
JONES
FOSTER Flagler Center lower,Suite 1100 Mailing Add,e s
JOHNSTON 505 South Hagler Drive Post Office Box 3475
r.�i. West Palm Beach.Florida 33401 West Palm Beach,Florida 33402-3475
1 Telephone(S6!)659 3000 Facsimile(561)8321.1454
Attorneys and Cowm=etore
• John B.McCracken,gal.
Direct Dial: (561)6504471 •
Direct Farc (561)650-0431
6.Mar jmccradenn Tones-foater.com
July 6,2001 Ina FAX: 575-6203
Ms.Jody Forsythe
Finance Director
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469-0273
Dear Ms. Forsythe:
Re: Employees' Pension Trust Funds/Ordinance Amendments to be Considered by
Village Council on July 12, 2001
The proposed amendments to Section 2-30 of the Code of Ordinances of the Village of
Tequesta for consideration by the Village Council on July 12, 2001, are required
because:
1. State law provides that firefighters and police officers are not required to make
contributions to the plan in order to receive credit while they are absent from the
Village for service in the military of the United States;
2. State law does not permit the Village to disqualify firefighters or police officers
from disability benefits when their disability is a result of their willful, wanton or
gross negligence; and
3. State law provides methods of making disability payments to firefighters and
police officers which are not presently outlined in the Village of Tequesta
ordinance.
As the Village's existing ordinance is not consistent with the foregoing, changes must be
made so that the ordinance is compliant with state law.
JUL.' 6.2001 2:36PM JONES FOSILH JOHNSTON & STUBBS NO.877 P.2/2
Ms.Jodi Forsythe
Page 2
July 6, 2001
Please call if you have any further questions.
Sincerely,
JONES, FOSTER,JOHNSTON &STUBBS, P.A.
BY
Jotin B. McCra n
•
N:WBMt1315 :=+ e
• ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING SECTIONS 1
AND 8 OF EXHIBIT "A" OF SECTION 2-30 OF
THE CODE OF ORDINANCES, VILLAGE OF
TEQUESTA, FLORIDA, RELATING TO
EMPLOYEES' PENSION TRUST FUNDS TO AMEND
DEFINITIONS AND PROVISIONS RELATING TO
QUALIFICATIONS FOR AND PAYMENT OF
DISABILITY BENEFITS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS :
Section 1. Exhibit "A" to Section 2-30, Code
of Ordinances, Village of Tequesta, Palm Beach County, u
Florida, as amended, is further amended as follows : .
A. By deleting Subparagraph B of the definition
of Credited Service set forth in Section 1 and re-
. stating the same as follows :
B. General Employees deposit into the Fund
the Same sum that the Member would have
contributed if he/she had remained a
General Employee, 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 .
Firefighter Members and Police Officer
Members shall not be required to make
such deposits.
B. By deleting Subparagraph 3 , F, of Section 8,
DISABILITY, and re-stating the same as follows :
F. Willful, wanton or gross negligence of a
General Employee.
t
C. By deleting Subsection 5 of Section 8 ,
DISABILITY, and re-stating the same as follows:
5 . Disability Payments
The monthly benefit to which a disabled
Firefighter or Police Officer shall be
entitled shall be payable as set forth in
Chapters 175 and 185, respectively, ;of the
Florida Statues .
The monthly benefit to which a General
Employee Member is entitled in the event of
disability retirement shall be payable on
the first day of the first month after the
Board of Trustees determines much
entitlement . However, the benefit shall be
due 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 :
A. If the General Employee Member
recovers from the disability prior
to his/her normal retirement date,
the payment due next preceding the
date of such recovery, or
B. If the General Employee Member
dies without recovering from
disability or attains his/her
normal retirement date while still
disabled, the payment due next
preceding his death or the 120th
monthly payment, whichever is
later.
Section 2 . Severability. 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 given effect without the invalid provisions or
applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 3 . 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 4 . Codification. This Ordinance
shall be codified and made a part of the official Code
of Ordinances of the Village of Tequesta.
Section 5. Effective Date. This Ordinance
shall take effect upon passage.
THE FOREGOING ORDINANCE was offered by Councilmember
, who moved its adoption. The
Ordinance was seconded by Councilmember
and upon being put to a
vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of , A.D, 2001 .
MAYOR OF TEQUESTA
Geraldine A. Genco
ATTEST:
Mary Wolcott
Village Clerk
Word/Ordinances/Employee Pension Trust Fund Amendments