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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_07/09/20091. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 7/9/09 Meeting Type: Regular Ordinance #: 15-09 Consent Agenda: No Resolution #: Click here to enter text. Originating Department: Manager /Attorney 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 15-09, First Reading, Amending the Public Safety and General Employee Pension Ordinances -Retiring Employees 3. BUDGET /FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: N/A Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) The Village Council desires to amend the Public Safety Officers' Pension Trust Fund to provide that members who return to work for the Village following retirement are ineligible to participate in the fund upon said return to work. 5. APPROVALS: Dept. Head: Finance Director: Attorney: (for legal sufficiency) Village Manager: ~- • SUBMIT FOR COUNCIL DISCUSSION: [~ • APPROVE ITEM: ^ Reviewed for Financial Sufficiency ^ No Financial Impact Yes ^ No ^ • DENY ITEM: ^ Form amended 08/26/08 ORDINANCE NO. 15-09 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING SECTION 2-61 OF THE CODE OF ORDINANCES, VILLAGE OF TEQUESTA, FLORIDA, EXHIBIT "B" PUBLIC SAFETY OFFICERS' PENSION TRUST FUND TO PROVIDE THAT MEMBERS WHO RETURN TO WORK FOR THE VILLAGE FOLLOWING RETIREMENT ARE INELLIGIBLE TO PARTICIPATE IN THE FUND UPON SAID RETURN TO WORK; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Public Safety Officers' Pension Trust Fund to provide that members who return to work for the Village following retirement are ineligible to participate in the fund upon said return to work. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Section 2-61 b. of the Code of Ordinances of the Village of Tequesta is hereby amended by revising Exhibit B, the Public Safety Officers' Pension Trust Fund to provide that members who return to work for the Village following retirement are ineligible to participate in the fund upon said return to work. Those portions of Exhibit B to Section 2-61 which are deleted and shown by c*r~'~^~, and which are added and shown by double underlining as attached hereto and made a part hereof, are passed and adopted as amendments to Exhibit B. Section 2. Definitions. Credited Service means the total number of years and fractional parts of years of service as a Police OfFicer, or Firefighter who makes member contributions to the Plan, omitting intervening years or fractional parts of years when such Police Officer or Firefighter may not have been employed by the Village of Tequesta. A plan member June 23, 2009 may voluntarily leave his/her contribution in the Fund for a period of five (5) years after leaving the employ of the Village of Tequesta pending the possibility of being rehired in a full time position by the Village of Tequesta without losing credit for the time of active participation as a plan member. Should the employee not be re-employed with the Village of Tequesta in a full time capacity within five (5) years, his/her contributions shall be returned to him/her without interest. Should a Police Officer or Firefighter be subsequently re-employed as such, he or she may re-purchase his or her years of credit or fractional parts of years of credit by reimbursing such returned contribution to the Fund, with interest. Police Officers or Firefiahters who retire from the Villaae of Teauesta. and who are subseauently re-hired by the Villaae of Teauesta in any capacity shall. upon such re-hire. be ineligible to participate in the System during their resulting re-employment with the Villaae of Teauesta. The years or fractional parts of years that a Firefighter, or Police Ofi•tcer serves in the military service of the Armed Forces of the United States or the United States Merchant Marine, voluntarily, upon being granted leave by the Village of Tequesta and separation from employment as a Village of Tequesta plan member, shall be added to his/her years of credited service for all purposes including vesting, provided that: A. The Firefighter or Police Officer must return to his/her full time employment with the Fire Department or Police Department within one (1) year from the date of his/her military discharge. B. The maximum credit for military service shall be five (5) years. Section 3. Membership. 1. Condition of Eligibility All full time Police Officers and Firefighters as of the effective date, and all future new full time Police Officers and Firefighters shall become Members of this System as a condition of employment, except that participation in this System is optional for the Police Chief and the Fire Ghief. Police Officers and Firefiahters who retire from the Villaae of Teauesta. and who are subseauently re-hired by the Villaae of Teauesta_ in June 23, 2009 any capacity shall. upon such re-hire. be ineligible to participate in the Svstem during their resulting re-employment with the Village of Teauesta. 2. Membership [This section shall remain in full force and effect as previously adopted.] 3. Change in Designation of Beneficiary [This section shall remain in full force and effect as previously adopted.] Section 7. Benefit Amounts and Elis~ibility. Normal Retirement Date [This section shall remain in full force and effect as previously adopted.] 2. Normal Retirement Benefit [This section shat! remain in full force and effect as previously adopted.] 3. Early Retirement Date [This section shall remain in full force and effect as previously adopted.] 4. Early Retirement Benefit [This section shall remain in full force and effect as previously adopted.] ~ Post Retirement Re-employment Ineligibility A Member who retires from the Village of Teauesta and as such is eligible to receive benefits pursuant to the Svstem. and who is subseauently re-hired by the Village of Teauesta. shall then be ineligible to participate as a Member during such re- employment. Such ineligibility shall in no way affect the Member's benefit derived. as a result of his/her pre-retirement employment with the Village of Teauesta. including participation in the DROP pursuant to Section 14 below. Section 11. Vesting. If a Member terminates his/her employment with the Village of Tequesta, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: [This section shall remain in full force and effect as previously adopted.] June 23, 2009 2. [This section shall remain in full force and effect as previously adopted.] ~ Anv plan Member who retires from the Villaae of Teauesta. and is ubseauently re-hired by the Villaae of Teauesta shall be ineliaible to participate as a plan Member. or accrue additional System benefits during such re-employment. 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 the 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.