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HomeMy WebLinkAboutOrdinance_10-24_11/14/2024 ORDINANCE NO. 10-24 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA; AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2, ADMINISTRATION, BY AMENDING SECTION 2-61, PENSION TRUST FUND, EXHIBIT B, THE PUBLIC SAFETY OFFICERS' PENSION TRUST FUND, TO ADOPT AND IMPLEMENT A SERVICE PURCHASE OPTION FOR POLICE OFFICERS TO PURCHASE PRIOR VILLAGE OF TEQUESTA POLICE SERVICE IN SECTION 27 OF THE FUND PLAN; PROVIDING THAT 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 ADOPTED. PROVIDING FOR 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 Village Public Safety Officers' Trust Fund to permit the purchase of prior Village of Tequesta Police Officer Service; and WHEREAS, both the Chief of Police and the Assistant Chief have been provided an opportunity to transfer into the defined benefit plan; and WHEREAS, both the Chief and the Assistant Chief have prior service with the Village of Tequesta as police officers; and WHEREAS, the Village Council desires to permit these police officers to purchase their service into, and thereby join the Tequesta Public Safety Officers' Pension Trust Fund. 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 2-61 , Pension Trust Funds, Exhibit B, the Public Safety Officers' Pension Trust Fund of the Village of Tequesta, at Section 27 by renumbering the existing subsections and by adding a new section 27. 1. B. to read as follows: 1 Section 27. Service Purchase Prier to E-Mpl omen+. 1. In all cases of service purchase, members must at least contribute the amount of employee contributions in effect at the time of purchase for all service which is being purchased. 2. Police Officers: A. In accordance with Code Section 414(n), the years or fractional parts of years that a Police Officer serves or has served in the military service of the Armed Forces of the United States or United States Merchant Marine, voluntarily or involuntarily, prior to first and initial employment with the Police Department shall be added to his/her years of credited service provided that: 11) A-. The Police Officer contributes to the Fund the sum that he/she would have contributed had he/she been a member of the Plan for the years or fractional parts of years for which he/she is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase years of credited service. 2 9. The request shall be made only once and made by the Police Officer 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/her employment with the Police Department, whichever is later. 2 G, Payment by the Police Officer of the required amount shall be made within six (6) months of his/her 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. f4 D, The maximum credit under this subsection shall be five (5) years. B_ Prior Village of Teauesta Police Officer Service Unless otherwise prohibited by law, the years or fractional parts of years that a Police Officer served as a Police Officer for the Village of Teauesta and was not member of this Fund may be added to his/her years of credited service provided that: 1W The Police Officer contributes to the Fund the sum that he/she would have contributed had he/she been a member of the Plan for he years or fractional parts of years for which he/she is reguestina credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase years of credited service 2` The reguest shall be made-only-once and made by the Police Officer on or before the later of twelve (12) months from the effective date of this Ordinance or six (6) months from the date of 3 his/her re-employment with the Police Department, whichever is later. M Payment by the Police Officer of the required amount shall be made in one lump sum within six (61 months of the receipt of the information regarding the amount to contribute or can be paid in installment payments not to exceed five (5) years. Credited service shall be provided when the amount due has been paid in full. Credited service purchased pursuant to this section shall be counted for all purposes, including vesting. L41 A Police Officer may purchase all years of service that they-worked as a Police Officer in the Police Department. f5 This provision does not modify, amend, or supersede the separate right of Police Officers who leave employment, take a refund of contributions, and then return to employment in the Village as Police Officer to restore and repurchase service by reimbursing the Fund with the returned contributions, with interest, as provided for in Section 2, Definition of Credited Sendce- 3. Firefighters: A. Military Service. In accordance with Code Section 414(n), 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 United States Merchant Marine, voluntarily or involuntarily, prior to first and initial employment with the Fire Department shall be added to his/her years of 4 credited service provided that: (1) The Firefighter contributes to the Fund the sum that he/she would have contributed had he/she been a member of the Plan for the years or fractional parts of years for which he/she is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase years of credited service. (2) The Firefighter's request to purchase can be made at any time during employment and before retirement and may be made in multiple requests. (3) Payment by the Firefighter of the required amount shall be made within six (6) months of his/her request for credit and shall be made in one lump sum payment upon receipt of which credited service shall be given. Payment in full must be made before retirement. Credited service purchased pursuant to this section shall be counted for all purposes except toward vesting of benefits. B. Prior Firefighter Service. Unless otherwise prohibited by law, the years or fractional parts of years that a Firefighter served as a firefighter for any other municipal, county, state, or federal firefighting agency as a firefighter shall be added to his/her years of credited service provided that: (1) The Firefighter contributes to the Fund the sum that he/she would have contributed had he/she been a member of the Plan for the 5 years or fractional parts of years for which he/she is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase years of credited service. (2) The Firefighter's request to purchase can be made at any time during employment and before retirement and may be made in multiple requests. (3) Payment by the Firefighter of the required amount shall be made within six (6) months of his/her 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. C. The maximum credit under this subsection shall be five (5) years. 2Ths request shall he made only onnGee and made by theMember on er before the later of twelve (12) months from the effertf die dMte of this Ordin"nGo Or civ (6) months from the date of his/her employment with the DnliGe Department er Fire Department whichever is later. 3 Payment by the f7cr of the required amount shall be r-nare `"iithin six (6) MORths of his/her regUeSt fer—credit—and- shall be madein ene lump SLIM toward veStiRg of benefits, PUFGhased pursuant to thus seGtion shall be GGunted f9F all purposes eXGept 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 provisions of this Ordinance or any portion thereof, and 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. 7 ORDINANCE DATE 10-24 11/14/24 MOTION Council Member Laurie Brandon SECOND Council Member Jayson E. French FOR AGAINST ABSENT CONFLICT Mayor Molly Young 0 ❑ ❑ ❑ Vice-Mayor Rick Sartory 0 ❑ ❑ ❑ Council Member Laurie Brandon 0 ❑ ❑ ❑ Council Member Patrick Painter 0 ❑ ❑ ❑ Council Member Jayson E. French 0 ❑ ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: �y Molly Young F ATTEST: INCORPORATED; fill �P��``,. Lori McWilliams, MMC Village Clerk