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Home My WebLink AboutDocumentation_Regular_Tab 04_02/11/20101. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 2/11/10 Meeting Type: Regular Ordinance #: 4-10 Consent Agenda: No Resolution #: Click here to enter text. Originating Department: Clerk 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 4-10, First Reading, Amending Exhibit "B" of Section 2-30 of the Code of Ordinances Relating to the Public Safety Pension Trust Funds to provide for the following changes: Definition of Credited Service; Definition of Firefighter; Definition of Salary; Retiree may Change a Designated Beneficiary up to Twice; Change in Trustee Terms; Additional Signatories for the Fund; Increased Investments in Foreign Securities; Divestiture from Scrutinized Companies; Exclusion from Disqualifying Disability as a Result of Intervening Military Service; Termination of the System; Third Party Payments for Retirees; Additional Offenses for Forfeiture of Pensions 3. BUDGET /FINANCIAL IMPACT: Account #: Cli~;k here to enter text. Amount of this item: Click here to enter text. Current Budgeted Amount Available: Amount Remaining after item: ~o ~.~ rti~,_ C:3 j(l fit., ~' t~~i1 '.. ~.37 ~'I ~"~~ ~:~ ~,t~tf ~ ~: ;~1_ Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. it:' 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) See Pension Attorney Letter 5. APPROVALS: Dept. Head: u `~-~- ~ 1(.(it//j`- Attorney: (for legal sufficiency) Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ • DENY ITEM: ^ Form amended 08126/08 Finance Director: ^ Reviewed for Financial Sufficiency ^ No Financial Impact Yes ^ No ^ ~` ~' VILLAt3E OF T AGENDA ITEM TRAM 1. ViI.LAGE COUNCIL MEETING: Meeting Date: Nesting Type: Regular 1?J10/09 No Originating DepartrnerH: #: ~1irk'~ere to enter text. Z. AGENDA ITEM TiTLEs (Wording farm th+a SUBJECT line of your staff report} Qrdir~nce 1?-09. First Rsadins~, Amending Exhibit "E3" of Section 2-30 of the Code of Ordinancx~s Relating to the Public Safety Pension Trust Funds to provide for the. following changes:. Definition of Credi#ed Service; Definition of Firefighter; Definition of Salary; Retiree may Change a Designated Beneficiary up to Twice; Change in Trustee Terms; Additional Signator~s for the Fund; increased Investments in Foreign Securities; Divestiture from Scrutinized Companies, Exclusion from Disqualifying C?isability as a Result of Intervening Military Service; Termination of the S ;Third Party Payments far Retirees; Additional Offenses for Forfeiture of Pensions 3. BUDGET / FINANCIAL IMPACT: Account #: Click here to enter#ext. .Amount of this item: Cluck here to enter tent. Current Budgeted Amount Available: h-moun~t Remaining after item: Click ~rere to enter x~xt. Cock here tv enter text. Budget Transfer Required: Chc~ase an Appropriate Fund Balance; Choose en item.. item. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: {This is a snap shot description of the agenda item) See Pension A#tontey Letter 5. APPROVALS: t3~-pt. Head: ~#•~ ~ ~rra~..r Finance director: Reviewed for Fnanci Sufficiency ~~ No Financial impact Attorney: (for tegai ull9ciencyy Village Manager: ~ ~~~+~ • SUBMIT FOR COUNCIL DISCUSSION: • APPi2C)VE ITEM: {. ~;' ;, , • DENY ITEM. Q Form mended 0~36/~ Redistributed from 1/14/10 and 12/10/09 Meetings Yes ^ Na -,, ~: =~ McWilliams, Lori From: Bonni S. Jensen [bsjensen@perryjensenlaw.com] Sent: Thursday, February 04, 2010 5:22 PM To: Couzzo, Michael Cc: McWilliams, Lori; ThePensionTeam@perryjensenlaw.com; Forsythe, Jody; Ed Sabin; Frank D'Ambra; Robert Young; Giblin, Raymond; Cooper, David Subject: Tequesta Public Safety Officers Pension Plan -Proposed amendment for federal HEART and State Chapter 2009-97 changes Mike, Below is a listing of the changes to the pension plan and an indication in blue whether they are mandatory or permissive. I apologize that I was not able to get it to you sooner - I had made several commitments to several clients which I needed to complete today. 1. Section 2 Definitions has been modified as follows: i. Definition of Credited Service has been modified to provide service for members who die or become disabled while on active duty military service pursuant to HEART. ~I~hr hcncii~ for' thr men~her ~~~ho curs ~~hilc on active duty military service is mandatary. The brnrfit for the mrmber who becomes disabled while on active duty military service is permissive. ii. Definition of Firefighter has been modified to include supervisor and command personnel pursuant to Florida Statutes §175.032(8)(x). This changr is manciat~~i~~. iii. Definition of Salary has been modified to include differential wages for active duty military service pursuant to HEART. This cl~angr is mandatur~. 2. Section 3 Membership has been modified to allow retirees to make up to 2 beneficiary changes after retirement benefits commence, pursuant to Florida Statutes § 175.171(1)(c)(4) and § 185.161(1)(c). I h i s c han ge is mandatory . 3. Section 3 Board of Trustees has been modified to allow the expansion of the trustee terms from two years to four years pursuant to Florida Statutes §175.061(1)(x) and §185.05(1)(x). "!-his cha~~~~c is hcrmissi~r. 4. Section 5 Finance and Fund Management has been modified to allow payment authorization by Board authorized fiduciaries; to allow investment in foreign securities up to (25%). The changes also incorporates divestiture from "scrutinized companies" pursuant to Florida Statutes § 175.071(8) and § 185.06(7). I hr scrutinized company language is mandator~~. The 2i`%> international is a mandaun~y rap ~~hich cannot be exceeded however it may be permissive whether to increase it to the 2~% - it is recommended by our investment adviser. 5. Section 9 Disability has been modified to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. phis chan~~r is prrmissi~~c pis it dials onl~~ ~~ith mrmhrr ~~ho brcomrs disabled ~yhilr un artiyr duty military scr~-ice. 6. Section 14 Deferred Retirement Option Plan has been modified to include firefighters to correct a scrivener's error. phis rhan~~r is nrrrssar~ to ~~~~oid future lr~~al prc~hlems ~~ith the applic~ition c~Cthr section. 7. Section 23 Repeal or Termination of System has been modified to comply with § 175.361 and § 185.37 providing for termination of a pension plan. lllis change is mandatory. 8. Section 24 Exemption from Execution, Non-assignability has been modified to incorporate the State law provisions including a provision to allow for payments to third parties for insurance premiums at the request of retirees pursuant to Florida Statutes §175.061(7) and §185.05(6). ~i~his chan~~~ i~ ~~ermi~~i~~:. 9. Section 26 Forfeiture of Pension has been modified to comply with Florida Statutes §112.3173. I his C11t1R~~C IS 111~~1i~1Cil(?1'~. As I understand it, you do not need me to attend the Council meeting. However, if any of these are going to be a problem please let me know so that I can attend the council meeting to discuss. The permissive benefit for the payments to third parties is an important benefit for the participants because it allows them to take a deduction from their income taxes for the cost of the premiums. The provision of the benefits to members who become disabled while on active duty military service will only apply in the event that the Village determines that the member i disabled from performing the services of a police officer or firefighter and cannot return to duty. The increased allocation to international investments is an important component of the investment strategy of the Board. If you have any questions regarding this matter, please contact me. TO SEND MAIL TO MY ENTIRE TEAM, PLEASE RESPOND TO TFtFE'F' .?IOPI`1 4,r ~il[~!'Ekh1:r 7t ~,ti:E ,~~.'~rJ. "CM Bonni S. Jensen <bsjensen@perryjensenlaw.com> Law Offices of Perry & Jensen, LLC 400 Executive Center Drive, Suite 207 West Palm Beach, Florida 33401 Telephone: (561)686-6550 Facsimile: (561)686-2802 CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged and is meant only for the intended recipient. If you are not the intended recipient, please notify the sender ASAP and delete this message from your system. IRS CIRCULAR 230 NOTICE: To the extent that this message or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. McWilliams, Lori From: Telfrin, Debra Sent: Monday, February O8, 2010 8:23 AM To: McWilliams, Lori Cc: Telfrin, Debra Subject: FW: Highlighted changes to the pension plan FYI Thank you, Debra A. Telfrin Executive Assistant 561-575-6272 561-575-6203 From: Forsythe, Jody Sent: Friday, February 05, 2010 10:06 AM To: Couzzo, Michael; Telfrin, Debra Subject: Highlighted changes to the pension plan Mike, I highlighted the various changes to see if that would help identify the nature of the changes (red -mandatory; blue - permissive; yellow -recommended/necessary). -Jody Below is a listing of the changes to the pension plan and an indication in blue whether they are mandatory or permissive. I apologize that I was not able to get it to you sooner - I had made several commitments to several clients which I needed to complete today. 1. Section 2 Definitions has been modified as follows: i. Definition of Credited Service has been modified to provide service for members whc or :ecome disabled while on active duty military service pursuant to HEART. The benefit for the member who dies n active duty military service is mandatory. The benefit for the member who becomes disabled while on active duty military service Is permis~ ii. i -ter has been modified to include supervisor and command personnel pursuant to Florida Statutes §175.032(8)(a). ~ chanee is mandatory. iii. nition of Salary has been modified to include differential wages for active duty military service pursuant to HEART. chanee is mandatory. 2. c r ~ x ~',llember~h~t, >~s to allow retirees to make up to 2 beneficiary changes after retirement benefits commence, pursuant to Florida Statutes §175.171(1)(c)(4) and §185.161(1)(c). this chan~~_is ~ttar7a;a~nr~r, 3. ction 3 Board of Trustees has been modifi< to allow the expansion of the trustee terms from two years to four years pursuant to Florida Statutes §175.061(1)(a) and §185.05(1)(a). °~hange is permissive. . ~-~ °_~tory. The 25% international is whether to increase it to the 25°~ - it 5. a to make an exception to the disa? exclusions for individuals injured while on active duty pursuant to HEART. a chanee is permissive as it deals on _Y, {.~~h member tivho becomes disabled while on active duty military service. 6. Section 14 Deferred Retirement Option Plan has been modified to include firefighters to correct a scrivener's error. i cF~ ,_ ~ , _ _are legal problems with the application of the section. 7. ruination of Svstem has been modified to comply with §175.361 and §185.37 providing for termination of a pension plan. This chanee is mandatory. 8. to incorporate the State law provisions including a provision to allow for payments to third parties for insurance premiums at the request of retirees pursuant to Florida Statutes §175.061(7) and §185.05(6). 9. Section 26 Forfeiture of Pension has been modifie_=~_ to comply with Florida Statutes §112.3173. ~ his chanee is rx~andatorv. As I understand it, you do not need me to attend the Council meeting. However, if any of these are going to be a problem please let me know so that I can attend the council meeting to discuss. The permissive benefit for the payments to third parties is an important benefit for the participants because it allows them to take a deduction from their income taxes for the cost of the premiums. The provision of the benefits to members who become disabled while on active duty military service will only apply in the event that the Village determines that the member i disabled from performing the services of a police officer or firefighter and cannot return to duty. The increased allocation to international investments is an important component of the investment strategy of the Board. If you have any questions regarding this matter, please contact me. TO SEND MAIL TO MY ENTIRE TEAM, PLEASE RESPOND TO TY,EFEN~ IOrv',''EijNl' ~ ='RR`_'J~;2vSEtJiNV "OM Bonni S. Jensen ~>~~ nscr~ ~ryjensenlaw.com> Law Offices of Perry & Jensen, LLC 400 Executive Center Drive, Suite 207 West Palm Beach, Florida 33401 Telephone: (561)686-6550 Facsimile: (561)686-2802 CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged and is meant only for the intended recipient. If you are not the intended recipient, please notify the sender ASAP and delete this message from your system. IRS CIRCULAR 230 NOTICE: To the extent that this message or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed 4. Section S Finance and Fund Manaeement has been modified to allow payment authorization by Board authorized fiduciaries; The changes also incorporate ~~ ttivest.i.ure from by law. Jo~ww 1=orst~the, GP~4 Finance Director Village of Tequesta 561-575-6270 j forsythe @teque sta. o rg www.Tequesta.org Please note: Florida has a very broad public records law. Most written communications to or from state or local officials regarding state or local business are considered to be public records and will be made available to the public and the media upon request. Therefore, your a-mail message may be subject to public disclosure. '~ Please consider the environment before printing this email. GABRIEL„ ROEDER, SMITH & COMPANY Consultants & Actuaries ~DI ~ ' l 301 East Las Olas t3hrd. • Seute 200 • Ft. La~erdale, FL 33301-2254.954-527-1616 • FAX 9545 25-0083 February 4, 2003 Ms. Jody Forsythe Director of Finance silage of Tequesta 357 Tequesta Drive Tequesta, FL 32960-6441 Re: Proposed Change in Pension Benefits Dear Jody: As requested, we have prepared cost studies for proposals that would .make the following changes to the plan: 1) Add a 3% cost. of living adjustment for police and fire. 2) Implement a- DROP for police and fire: - . . , ~ - . , 3} Add amonthly-health insurance subsidy~of $5-peryear of service with maximum'~of . { $150 for police and fire. 4} (a) Change vesting to 6 years from 10 for all groups. (b) Change normal retirement eligibility from age 55 with 10 years of service to age 55 with 6 years of service for police and fire. (c) Change early retirement eligibility from age 50 with 10. years of service to age 50 with 6 years of service for all groups. , , (d) Change eligibility non service-connected death from 10 years of service to 6 for all groups. You will note that several of the changes result in no increase in cost for police officers and firefighters. The reason for this is that each group has a substantial amount of unused State revenue in reserve. We welcome your questions and comments. Since--rely yours, f~~'~.~ J. Stephen Palmquist JSP/or Enclosures SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan Village of Tequesta Employees Pension Trust Fund Valuation Date October 1, 2002 Date of Report February 4, 2003 Report Requested by Board of Trustees Prepared by J. Stephen Palmquist ~. Group Valued All Members .. ., .-. . -Plan Provisions Being Considered for Change- • : - .. Present Provision Before Change ~ - 1) The plan has no provision for a COLA for police and fire. 2) There is no DROP for police and fire. _. 3) There is no provision for a health insurance subsidy for police and fire. 4) Normal retirement eligibility for police and fire is age 55 with 10 years of service. Early retirement eligibility for all groups is age 50 with 10 years of service. 10 year requirement for vesting for all groups. Eligibility for non service-connected death benefit is 10 years of service for all groups. Proposed Change 1) A 3% COLA would be added for police and fire. 2) A DROP plan would be added for police and fire. 3) A monthly $5 health insurance subsidy per year of service would be added with a minimum $30 and a maximum of $150. 4) _ Normal retirement eligibility for police and fire would be age 55 with 6 years of service. Early retirement eligibility for all groups would be age 50 with 6 years of service. . Requirement for vesting for all groups would be 6 years. Eligibility for non service-connected death benefit would be 6 years of service for all groups. Participants Affected All plan members retiring after the effective date of the amending ordinance. Actuarial Assumptions and Methods Same as October 1, 2002 Actuarial Valuation Report with no exceptions. Some of the key assumptions/methods are: Investment return - 8.0% per year Salary increase - 6.0°~ per year Cost Method -Aggregate Amortization Period for Any Increase in Actuarial Accrued Liability • . NA Summary of Data Used in Report NA Actuarial Impact of Proposal(s) . See attached page(s). ~ • . Special Risks Involved With the Proposal That the. Plan :Has Not''Been -:E=xposed to Previously ~ ~ .- None. - Other Cost Considerations None Possible Conflicts-With IRS Qualification Rules ~. . None ~~ . Stephen Patmquist, AS MAAA, FCA Enrolled Actuary No. 02-1 60 .. - ;.--. (~~~ _.. VILLAGE OF TEQUESTA EMPLOYEES PENSION TRUST FUND Summary of Actuarial Studies Employer Required ERC As a Percerrtage Chance from Baseli~ Contribution IERCI of Pavroit ERC ~ p i Police 1) i 0/1/02 Valuation (baseline) $ 13,460 3.91 % $ NA NA 96 2) 6 Year Vesting 13,460 3.91. 0 0.00 55 & 6 NRD 50 8 6 ERO 6 Year Eligibility for Non-duty Death Benefit 3j 396 COLA 13,460 3.91 0 0.00 4) $5/Year of Service Health 13,460 3.91 0 0.00 Insurance Subsidy 5) -DROP 13.460 3.91 0 0.00 . Firefighters . 1) 10/1102 Valuation (baseline) 78,041 ~ 8.4T ~ NA NA - 2) .. 6 Year Vesting . ~ 78.041. ~ 1 s .. 8:47 0 -. ~ .0.00. %. . ..6586NRD 50&BERD 6 Year Eligibility for Non-duty Death Benefd 3 3%COL ~~ "' ~ ) A 156,058 (~. ' i6.93 78,017 8.46 -~ 4) $~Year of Service Health 78.041 ~ ~ 8.47 0 ~ 0.00 ~~ ~~ Insurance Subsidy ~ ^~D 5) DROP 78.041 ~ . 8.47 0 0.00 General 1) 1011/02 Valuation (Baseline) 64,723 7.47 NA NA 2) 6 Year Vesting 65,716 7.58 993 0.11 50 & 6 ERD 6 Year Eligibility for Non-duty Death Benefit February 4, 2003 McWilliams, Lori From: Bonni S. Jensen [bsjensentia7perryjensenlaw.com] Sent: Tuesday, February 09, 2010 4:13 PM To: Couuo, Michael Cc: ThePensionTeam@perryjensenlaw.com; McWilliams, Lori; Ed Sabin Subject: Tequesta Public Safety Officers Pension Fund -DROP question Attachments: 2003-02-04 AIS.pdf Mike, In response to the questions regarding the suggested change the DROP Plan (adding the words "or firefighter" after the words "police officer") this is merely a correction of a scrivener's error and not adding firefighters after an intentional omission of them from the DROP Plan. I have researched my files and found two bases for this conclusion: 1. The DROP program throughout the section refers to the eligible participants as "members." Members is defined in the plan as "an actively employed Police Officer or Firefighter that fulfills the applicable prescribed membership requirements." So clearly a firefighter can participate in the DROP. I am adding the word "firefighter" to the following sentence: However, if a police officer or firefi ter does not terminate employment at the end of participation in the DROP, interest credits shall cease on the current balance and on all future DROP deposits." Arguably, without that language a firefighter could stay beyond the end of the DROP and not suffer any financial consequences. We could change the language to "member" to be consistent with the rest of the language of the section. 2. Attached is a copy of the cost impact study for the implementation of the DROP for the Police and Fire dated February 4, 2003. The impact statement references that the DROP is applicable to both Police and Fire. This study was prepared for the ordinance which implemented the DROP. Please contact me if you have any questions on this matter. TO SEND MAIL TO MY ENTIRE TEAM, PLEASE RESPOND TO THEPENSIONTEAM@PERRYJENSENLAW.COM Bonni S. Jensen <bsjensen@perryjensenlaw.com> Law Offices of Perry & Jensen, LLC 400 Executive Center Drive, Suite 207 West Palm Beach, Florida 33401 Telephone: (561)686-6550 Facsimile: (561)686-2802 CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged and is meant only for the intended recipient. If you are not the intended recipient, please notify the sender ASAP and delete this message from your system. IRS CIRCULAR 230 NOTICE: To the extent that this message or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. 1 TxE LAw O~CES of PERRY ~ JENSEN, LLC ANN H. PERRY eperry(~pelTyjensenlew.oom November 9, 2009 Michael Couzzo, Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 BoNNt SPATARA JEN3FJJ bsjensen~pertyJen&entaw. com Re: Village of Tequesta Public Safety Officers' Pension Trust Fund Pension Plan Document Proposed Amendment Our File No.: 1011.0050 Dear Mr. Couzzo: On behaff of the Hoard of Trustees of the Village of Tequesta Public Safety Officers' Pension Trust Fund, enclosed is an amendment to the Pension Plan. The amendment incorporates revisions to the Federal Law for the Federal Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART") and changes to the state law enacted by Chapter 2009- 97 (CS/S6538). Section 2 Definitions has been modified as follows: i. Definition of Credited Service has been modified to provide service for members who die or become disabled while on active duty military service pursuant to HEART. ii. Definition of Firefighferhas been modified to include supervisor and command personnel pursuant to Florida Statutes §175.032(8)(a). iii. Definition of Salary has been mod~ed to include differential wages for active duty military service pursuant to HEART. 2. Section 3 Membership has been modified to allow retirees to make up to 2 beneficiary changes after retirement benefits commence, pursuant to Florida Statutes §175.171(1)(c)(4) and §185.161(1)(c). 400 EXECUTIVE CENTER DRNE, SutTE 207et WEST PALM BEACH, FLORIDA 33401-2922 Ph: 561.686.6550 4 Fx: 561.688.2802 Michael Couao, Village Manager Village of Tequesta Public Safety Officers' Pension Trust Fund November 9, 2009 Page - 2 - 3. Section 3 Board of Trustees has been modified to allow the expansion of the trustee terms from two years to four years pursuant to Florida Statutes §175.061(1)(a) and §185.05(1)(a). 4. Section 5 Finance and Fund Management has been modified to allow payment authorization by Board authorized fiduciaries; to allow investment in foreign securities up to (25%). The changes also incorporates divesture from "scrutinized companies" pursuant to Florida Statutes §175.071(8) and §185.06(7). 5. Section 9 Disability has been modified to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. 6. Section 14 Deferred Retirement Option Pian has been modified to include firefighters to coned a scrivener's error. 7. Section 23 Rep®al or Termination of System has been mod~ed to comply with §175.361 and §185.37 providing for termination of a pension plan. 8. Section 24 Exemption from Execution, Non,asslgnabitlty has been modified to incorporate the State law provisions including a provision to allow for payments to third parties for insurance premiums at the request of retirees pursuant to Florida Statutes §175.081(7) and §185.05(6). 9. Section 26 Forfeiture of Pension has been modified to comply with Florida Statutes §112.3173. I am providing this amendment to the actuary for an impact statement. I do not expect that there will be a cost. If you have any questions regarding this or any other matter please do not hesitate to contact my office. Si rely yours, Bonni S. Jen n BSJ/adt Enclosure ECopy te: Bosnd of Trustees Adrr~riieb'etor H:1Tequesta PS 10111VfIIsgelMenagerlCvr Propsd Ord Amd 2009.wpd R Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone Consultants & Actuaries Suite SOS 954.525.0083 fax Ft. Lauderdale, FL 33301-1872 www_QahI1P.~r(lt•t~Pr rnm November 11, 2009 Ms. Lori McWilliams Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469-0273 Re: Village of Tequesta Public Safety Officers' Pension Trust Fund Dear Lori: We have reviewed the proposed ordinance related to changes under the Heroes Earnings Assistance and Relief Tax Act (HEART). In our opinion, this ordinance would have no significant actuarial impact on the Plan. Under HEART, if an offccer dies or becomes disabled while in the military, the Plan would provide certain benefits. The value of these benefits would result in an actuarial loss in the year in which the death or disability occurred. Because of the very low probability that this provision will be utilized, we do not feel that an estimate for advanced funding is necessary. Another change under the ordinance addresses procedures for allowing a retiree to change his or her joint annuitant. The ordinance states that the new benefit will be adjusted in such a way that there is no expected loss to the Plan as a result of the beneficiary change. We welcome your questions and comments. Sincerely yours, J. Stephen Palmquist, ASA Senior Consultant and Actuary JSP/dh AGREEMENT The International Association of Firefighters, Local 2928 hen:by waives bargaining over the attached amendments to the Village of Tequesta Public Safety Officers' Pension Trust Fund Ordinance which will be presented to the Village Council. This is in no way to be construed as a blanket wanner of any kind; the Union specifically reserves the right to negotiate over any other pension changes in acooManoe with the law and the collective bargain~g agreement between the International Association of Firefighters, Local 2928 and the Village. FOR VILLAGE OF TEQUESTA WITNESS WITNESS DATE H:~r.~.e Ps ~o»w~,~ w.n~.~ e.r~_wpa I~ f~~ ic17 DATE_T ORDINANCE NO 4-10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA PALM BEACH COUNTY FLORIDA AMENDING EXHIBIT "B" OF SECTION 2-30 OF THE CODE OF ORDINANCES VILLAGE OF TEQUESTA FLORIDA RELATING TO THE EMPLOYEES PENSION TRUST FUNDS AMENDING EXHIBIT B PROVIDING FOR A CHANGE IN THE DEFINITION OF CREDITED SERVICE; PROVIDING FOR A CHANGE IN THE DEFINITION OF FIREFIGHTER; PROVIDING FOR A CHANGE I THE DEFINITION OF SALARY; PROVIDING THAT A RETIREE MAY CHANGE A DESIGNATED BENEFICIARY UP TO TWICE; PROVIDING FOR A CHANGE IN TRUSTEE TERMS; PROVIDING FOR ADDITIONAL SIGNATORIES FOR THE FUND; PROVIDING FOR INCREASED INVESTMENTS IN FOREIGN SECURITIES; PROVIDING FOR DIVESTITURE FROM SCRUTINIZED COMPANIES; PROVIDING FOR EXCLUSION FROM DISQUALIFYING DISABILITY AS A RESULT OF INTERVENING MILITARY SERVICE; PROVIDING FOR A CHANGE IN THE TERMINATION OF THE SYSTEM; PROVIDING FOR THIRD PARTY PAYMENTS FOR RETIREES; PROVIDING FOR ADDITIONAL OFFENSES FOR FORFEITURE OF PENSIONS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. Those portions of Exhibit "B" to Section 2-30, Code of Ordinances, Village of Tequesta, Palm Beach County, Florida, as deleted and shown by strike-outs and additions shown by underlining on Exhibit "B" attached hereto and made a part hereof, are passed and adopted as amendments to such Exhibit and section. 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 make a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect upon passage. EXHIBIT "B" VILLAGE OF TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND TABLE OF CONTENTS Section 1. Creation of Pension Trust Fund ................................ -1- Section 2. Definitions .. .............................................. -1- Section 3. Membership...... ....................................... -4- Section 4. Board of Trustees ........................................... -5- Section 5. Finance And Fund Management ............................... -7- Section 6. Contributions ............................................. -12- Section 7. Benefit Amounts and Eligibility......... ..................... -14- Section 8. Pre-retirement Death ....................................... -15- Section 9. Disability ................................................. -16- Section 10. Monthly Supplemental Benefits ............................... -19- Section 11. Vesting .................................................. -19- Section 12. Optional Forms of Benefits ................................... -19- Section 13. Beneficiaries .............................................. -21- Section 14. Deferred Retirement Option Plan .............................. -22- Section 15. Claims Procedures Before the Board Decision ................... -24- Section 16. Reports to Division of Retirement .............................. -26- Section 17. Roster of Retirees .. ....................................... -27- Section 18. Board Attorney and Professionals ............................. -27- Section 19. Maximum Pension ......................................... -27- Section 20. Commencement of Benefits .................................. -28- Section 21. Distribution of Benefits ...................................... -28- Section 22. Miscellaneous Provision ..................................... -29- Section 23. Repeal or Termination of System .............................. -31- Section 24. Exemption from Execution, Non-assignability .................... -34- Section 25. Pension Validity ........................................... -34- Section 26. Forfeiture of Pension ....................................... -35- Section 27. Military Service Prior to Employment ........................... -37- EXHIBIT "B" VILLAGE OF TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND Section 1. Creation of Pension Trust Fund. The Village of Tequesta hereby creates and continues the Village of Tequesta Public Safety Officers' Pension Trust Fund for the purpose of providing retirement, death and disability benefits to Police Officers and Firefighters who are Members of this Fund, certain formerVillage Police Officers and Firefighters and survivor benefits to beneficiaries. Section 2. Definitions. 1. Statement of Definitions. As used herein, unless othervvise defined or required by the context, the following words and phrases shall .have the meaning indicated: Accumulated Contributions means a Member's own contributions without interest. Actuarial Equivalent means a benefit or amount of equal value, based upon the mortality tables utilized by the Board's actuary or actuaries, and an 8% rate of interest. Average Final Compensation shall mean one-twelfth (1/12) of the average salary of the five (5) best years of the last ten (10) years of credited service prior to retirement, termination, or death or the career average as a full time Firefighter or Police Officer, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no designation is in effect, or ff no person so designated is living, at the time of death of the Member, the beneficiary shall be the estate of the Member. Board or Board of Trustees mean the Public Safety Board of Trustees, which shall administer and manage the System herein provided and serve as Trustees of the Fund for the benefit of Village Police Officers and Firefigh#ers and their beneficiaries. Chapters means Chapters 175 and 185 of the Florida Statutes as amended from time to time. Code means the Internal Revenue Code of 1986, as amended from time to time. -1- 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 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. The years or fractional parts of years that a Firefighter, or Police Officer serves in the military service of the Armed Forces of the United States orthe 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. B. The maximum credit for military service shall be five (5) years. Effective Date means the date on which this Ordinance becomes effective. Fire Department means the Tequesta Fire Department. Firefighter means an actively employed full-time person employed by the Fire Department, including his/her initial probationary employment period, who is certified or required to be certified as a Firefighter as a condition of employment in accordance with the provisions of 633.35 Florida Statutes, including paramedic, and whose duty is to extinguish fires, to protect life and to protect property. The term Firefichter includes all -2- 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 Member means an actively employed Police Officer or Firefighter that fulfills the applicable prescribed membership requirements. Police Department means the Tequesta Police Department. Police Officer means any person who is elected, appointed, or employed full time by the Village, who is certified or required to be certified as a law enforcement officer in compliance with Florida Statute 943.1395, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers or auxiliary law enforcement officers as the same are defined in F.S. 943.10(6) and (8) respectively. Police Officer also shall include a public safety officer who is responsible for performing both police and fire services. Public Safety Board means the Public Safety Board of Trustees provided hereunder to administer and manage Funds for the benefit of Public Safety Officers. Public Safety Officers means Firefighters and/or Police Officers. Salary means the total cash remuneration paid to a police officer or firefighter for services rendered including Base Pay, Bonuses, Career Service Annual Award, Holiday Pay, Incentives, Overtime, Sick Leave Payout on Termination, Sick-Leave Buy Back, and Straight Time, ar~d effective for cavments made after 12/31/08. as crovided for by definition excludes pay received as a Car Allowance, Clothing Allowance and Allowance. S ouse means the lawful wife or husband of a plan member at the time of pre-retirement, death or retirement. Statement of Investment Policy means the written investment policy adopted by the Board pursuant to this Ordinance and F.S. 112.661, et seq., which shall apply to funds under the control of each board. -3- Fund means the Trust Fund established herein as part of the System. S stem means the Village of Tequesta Public Safety Officers' Pension Trust Fund as contained herein and all amendments thereto. Vested deferred retirement means a Member who leaves the employ of the Village with 6 or more years of credited service and who is not eligible for any retirement benefit. This benefit is payable at early or normal retirement. Village means the Village of Tequesta, Florida. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. 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 Chief. 2. Membership Each full time Police Officer or Firefighter shall complete a form prescribed by the Board which may include the following information: A. Acceptance of the terms and conditions of the Retirement System, and, B. Designation of a beneficiary or beneficiaries, and, C. A certified statement as to prior medical and/or psychological history. 3. Change in Designation of Beneficiary ~ A member may from time to time change his/her designated beneficiary by written notice to the Board upon forms provided by the Board. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the System shall cease. -4- Section 4. Board of Trustees. 1. The sole and exclusive administration of and responsibility for the proper operation of the retirement system and for making effective the provisions of this ordinance is hereby vested in a Board of Trustees. The Public Safety Board shall consist of five (5) Trustees, two (2) of whom, unless othervvise prohibited bylaw, shall be legal residents of the Village, who shall be appointed by the Tequesta Village Council, and one (1) of whom shall be a full-time Police Officer member of the System and one (1) of whom shall be a full-time Firefighter member of the System. The fifth (5th) Trustee shall be selected by a majority vote of the other four (4) Trustees. Each person seeking to fill a designated employee representative Board member seat shall be separately elected by their full-time co-workers who are members of the System in the applicable employee representative group, e.g. Police Officer or Firefighter in which they are employed and shall be elected by a majority of the full-time employees who are Members of the System within the applicable employee representative group. Upon receipt of the fifth (5th) person's name the Tequesta Village Council shall, as a ministerial duty, appoint such person to the Public Safety Board as its fifth (5th) Trustee. The fifth (5th) Trustee shall have the same rights as each of the other Trustees appointed or elected as herein provided and shall serve a fo_ twe{~ year term unless the office is sooner vacated and may succeed himself or herself in office. Each resident Trustee shall serve as Trustee for a period of four (41 tv~re-~~ years unless sooner replaced by the Tequesta Village Council at whose pleasure the Trustee shall serve, and may succeed himself or herself as a Trustee. Each Police Officer or Firefighter Trustee shall serve as Trustee for a period of fo_ two- f~j years, unless he/she sooner leaves the employment of the employee representative group helshe was elected to represent or othervvise vacates his/her office as Trustee, whereupon a successor shall be chosen in the manner as the departing Trustee. Each employee representative Trustee may succeed himself or herself in office. The Public Safety Board shall meet at least quarterly each year. Such Boards shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 2. The Board shall, by majority vote, elect a chairman and secretary. The secretary of the Board shall keep, or cause to be kept, a complete minute book of the -5- actions, proceedings, or hearings of the Board and shall preside over Board meetings in the absence of the Chairman. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one vote. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the right to abstain from voting as the result of a conflict of interest provided that Trustee states in writing the nature of the conflict complies with the provisions of Section 112.3143, Florida Statutes. 4. The Board of Trustees shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the Retirement System to administer and manage their funds and to meet the requirements of applicable law. The compensation of all persons engaged by the Board of Trustees and all other expenses of the Board necessary for the operation of the Retirement System shall be paid from the Fund they administer and manage at such rates and in such amounts as the Board of Trustees shall approve. 5. The duties and responsibilities ofthe Board of Trustees shall include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and participation. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for participation and benefits. G. To authorize all payments whatsoever from the Fund and to notify the disbursing agent, in writing, of approved pension payments and other expenditures arising through operation of the System and the Fund. H. To have performed actuarial studies in accordance with Florida Statute 112.63 providing a copy of the same to the Division of Retirement, and with at least biennial valuations, and make -6- recommendations regarding and all changes in the provisions of the System. Ensure compliance with Article X, Section 14, of the Florida Constitution, requiring that any increase in benefits be funded on an actuarially sound basis. J. Ensure the completion of an actuarial impact statement prior to the adoption of a change in the plan's retirement benefits, acpy of-which must be provided to the Division of Retirement. K. To comply with the Chapters. L. To ensure the funds and assets for the benefit of the employee groups they serve are segregated and separated from the funds and assets under the control of the Board. M. To perform such other duties as are specified in this Ordinance and generally do all acts which the Trustees may deem necessary yr desirable for the protection of the Trust Fund. N. To adopt and be guided by Statements of Investment Policy applicable to all funds under the control the Public Safety Board of Trustees as required from time to time by F.S. 112.661, et seq., and/or its successor statutes. O. To sue or be sued. P. To settle, compromise or submit to arbitration (at the sole discretion of the Trustees) any claims, debts or damages due or owing to or from the Fund. Section 5. Finance And Fund Management. Establishment and Operation of Fund 1. As part of the System, there is hereby established a Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System, for the benefit of Public Safety Officers to be administered and managed by the Public Safety Board. 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board of Trustees. Payment of benefits and disbursements from the Fund shall be made by the Village as the Board's agent, but only upon written authorization from -7- the Board. Such written authorization shall require the signature of two of the Trustees or other Board authorized fid ~r_iarv 3. All funds and securities of the Fund may be deposited by the Board of Trustees with the Treasurer of the Village, acting in a ministerial capacity only, who steal! be liable in the same manner and to the same extent that as he is liable for the safekeeping of funds for the Village. However, any funds and securities so deposited with the Treasurer of the Village shall be kept in separate funds by the Treasurer or clearly identified as such funds and securities of the Public Safety Officer Trust Fund. In lieu thereof, the Board of Trustees shall deposit the funds and securities of the Fund in a qualified public depository or depositories as defined in Section 280.02, Florida Statutes, which depository or depositories with regard to such funds and securities shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. 4. In order to fulfill its investment responsibilities as setforth herein, the Boards may retain the services of a custodian bank or banks, an investment advisor or advisors registered under Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager or managers shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all fund assets. 5. All funds and securities of the System shall be accounted for separately based upon the two (2) applicable employee classes within the Fund namely, the Police Officers and Firefighters in the Public Safety Officers Trust Fund. Accurate records shall be maintained at all times reflecting the financial composition of the Fund and of the accounts in place to segregate the assets of the employee classes covered by the System, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all moneys, funds and assets whatsoeverattributable tocontributions and deposits from the Village, County or State, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. -8- G. Such other entries as required by the Chapters. 6. An independent audit shall be performed annually by a certified public accountant for the most recent fiscal year of the Village showing a detailed listing of assets and a statement of all income and disbursements during the year for each Fund. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect complete evaluations of assets on both a cost and market basis, as well as other items normally included in a certified audit. 7. The Board of Trustees shall have the following investment powers and authority: A. The Board of Trustees shall be vested with full legal title to the Fund, subject, however, and in any event to the authority and power of the Tequesta Village Council to amend or terminate this Trust, provided that no amendment or Fund termination shall ever result in the use of any assets of the Fund except for the payment of regular expenses and benefits under this System. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held in the Fund and administered by the Board or its Agents. B. All moneys paid into or to be held shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the participants in the Fund shall be entitled under the provisions of the Plan and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings and loan association insured bythe SavingsAssociation Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States. (4) Bonds, stocks, commingled funds administered by National or State Banks or evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state -9- or organized territory of the United States, or the District of Columbia, provided that the corporation is traded on a nationally recognized Exchange and in the case of bonds only holds a rating in one of the four highest class cations by a major rating service, and if such investments are made in a pooled fund administered by a state or national bank, then the rating of each issue in the pooled fund shall hold a rating within the top four (4) rating classifications of a major rating service. (5) Real estate. (6) Up to ~,5fs~89is of Plan assets may be invested in foreign securities. (7) All monies paid into or held in the Pension Fund shall be invested and reinvested by the Board of Trustees and the investment of all or any part of such funds shall be invested in accordance with an established investment policy adopted by the Board of Trustees. C. The Board of Trustees shall not invest more than five percent (5%) of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible bonds at cost exceed sixty percent (60%) of the assets of the Fund. D. The Board of Trustees may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E. No person or entity shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due tohis/her or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held to be registered in or transferred into their name as Trustee or into the name of such nominee as they may direct, or they may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Trust Fund. G. The Board is empowered, to vote upon any stocks, bonds or securities of any corporation, association, or trust and to give general -10- or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalization, consolidations and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part of all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be the best interestof the Fund to exercise. This responsibility may be delegated to an Agent for the Board. H. The Board shall not be required to make any inventory or appraisal or report to any court, nor secure any order of court for the exercise of any power contained herein. Where any action which the Board is required to take on any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this Ordinance, can reasonably be taken or performed only after receipt by it from a Member, the Village, the Department or any other entity, of speck information, cert~cation, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, cert~cation, direction or instruction has been received by it. J. Any overpayments or underpayments from a Fund to a Member or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board. Overpayment shall be charged against member's payments next succeeding the correction. Underpayments shall be made up from the Trust Fund. K. The Board shall sustain no liability whatsoever for the sufficiency of a Fund to meet the payments and benefits herein provided. L. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized Agents, provided that the Board at all times maintains continuous supervision over the acts of any such Agent; provided further, that legal title to the Fund shall always remain in the Board of Trustees. M. The Board shall not invest more than ten percent (10%) at cost of its assets in real property or real estate and there shall be no investment in a limited partnership or trust. -11- N. The Village shall maintain Fiduciary Liability insurance to cover the members of the Board of Trustees. O. With respect to any investment, the Trustees may consent or object to any action or non-action of any corporation or of the directors, officers or stockholders of any corporation. ~-' Section 6. Contributions. Member Contributions A. Amount. Effective the first full payroll period after the effective date of this Ordinance, Police Officer Members of the Retirement System shall be required to make regular contributions to the Fund in the amount of five percent (5%) of his/her salary ffective the first full payroN period after the effective date of this Ordinance, Firefighter Members of the Retirement System shall be required to make regular -12- contribution to the Fund in the amount of five percent (5%) of his/her salary. The funding forthe difference between the previously required contribution of 6.1 % and the now required 5% shall be made up from the monies received from the State pursuant to Chapter 175, F.S. Should the Chapter 175 money ever become insufficient to make up the difference, the contribution rate for Firefighter Members shall automatically revert to 6.1 %. Member contributions withheld by the Village on behalf of the Member shall be deposited with the Board of Trustees immediately afterthe withholding of such contributions. The contributions made by each Member to the Fund shall be designed as employer contributions pursuant to Section 414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the Plan, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. State Contributions Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Police Officers or Firefighters shall be deposited with the applicable segregated account in the Trust Fund comprising part of this System immediately and under no circumstances more than five (5) days after receipt by the Village. 3. Village Contributions So long as this System is in effect, the Village shall make contributions at least quarterly to the Trust Fund in an amount equal to the normal cost and the amount required to fund any actuarial deficiency shown by an actuarial valuation as provided in Part VII of Chapter 112, Florida Statutes. 4. Other Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be kept separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board of Trustees, and may not be used to reduce what would have otherwise been required by Village contributions. -13- Section 7. Benefit Amounts and Eligibility. Normal Retirement Date A Member's normal retirement date shall be the first day of the month coincident with, or the next following the earlier of: A. attainment of age fifty-five (55) and the completion of six (6) years of credited service, or B. attainment of age fifty-two (52) and the completion of twenty-five (25) years of credited service. A Member may retire on his/her normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his/her accrued benefit on the Member's normal retirement date. Normal retirement under the Plan is retirement from employment with the Village of Tequesta as a Police Officer or Firefighter on or after the normal retirement date. 2. Normal Retirement Benefit A Member retiring hereunder on or after his/her normal retirement date shall receive a monthly benefit which shall commence on his/her Retirement Date and be continued thereafter during the Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal: 3.0% for the first 6 years of service 3.5% for the next 4 years of service 4.0% for the next 5 years of service 3.0% for the next 6 years of service 2.0% for the next 4 years of service 3.0% for all years after 25 years 3. Early Retirement Date A Member may retire on his/her early retirement date which shall be the first day of any month coincident with or next following the later of the attainment of age fifty (50) and the completion of six (6) years of credited service. Early retirement under the Plan is retirement from employment with the Village of Tequesta on or after the early retirement date and prior to the normal retirement date. -14- 4. Early Retirement Benefit A Member retiring hereunder on his/her early retirement date may receive either a deferred or an immediate monthly retirement benefit payable for life, but with one hundred twenty (120) monthly payments guaranteed in any event, as follows: A. deferred monthly retirement benefit which shall commence on what would have been his/her normal retirement date had he/she remained a Police Officer or Firefighter and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement as his/her normal retirement date except that credited service and average final compensation shall be determined as of his/her early retirement date; or B. immediate monthly retirement benefit which shall commence on his/her early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is actuarially reduced from the amount to which he/she would have been entitled had he/she retired on his/her normal retirement date and with the same number of years of credited service as at the time his/her benefit commence and based on his/her average final compensation at that date. In no event shall the early retirement reduction exceed three percent (3%) for each year by which the commencement of benefits precedes the Member's normal retirement date. Section 8. Pre-retirement Death. If a plan member dies prior to retirement from the Village of Tequesta his/her beneficiary shall receive a benefit as follows: A. Line-of-DutyDeath-Benefit is a pension to the spouse (or children) for life in the amount of 50% of Average Final Compensation. B. Non-Line-of-Duty-Death-Benefit the spouse of a member with 6 years of credited service will receive the actuarial equivalent of the accrued normal retirement benefit. C. In lieu of the benefits provided in A or B above, the beneficiary of a police officer or firefighter, with 6 or more years of service who dies prior to retirement, may receive the benefits otherwise payable to the police officer at what would have been his/her early or normal retirement date. -15- Section 9. Disability. Disability Benefits On-Duty Each full time employee who is a participant in the Pension Fund System and who becomes totally and permanently disabled while an active employee of the Village of Tequesta to the extent that he/she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter, as was provided by the employee in their classification (Police Officer or Firefighter) prior to the alleged impairment, which disability was directly caused by the performance of his/her duty as a Police Officer or Firefighter shall upon establishing the same to the satisfaction of the Board, be entitled to: A. If the injury or disease is service connected, the employee shall be entitled to the greater of (1) or (2): (1) a monthly pension- equal to 42% of his/her average monthly compensation as of his/her disability retirement date, or (2) the accrued Normal Retirement Benefit. Any condition or impairment of health of Police Officer or Firefighter caused by tuberculosis, hypertension hepatitis, meningococcal meningitis or heart disease shall be presumed to have been suffered in the line of duty unless the contrary is shown by competent evidence, provided that such Police Officer or Firefighter shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. In order to be entitled to the presumption in the case of hepatitis, meningococcal meningitis, or tuberculosis the member must meet the requirements of Section 112.181, Florida Statutes. 2. Disability Benefits Off-Duty Every Police Officer or Firefighter who is a participant in the Pension Fund System who shall have become totally and permanently disabled to the extent that heJshe is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer or Firefighter which disability is not directly caused by the performance of his/her duties as a Police Officer or Firefighter shall be entitled the greater of A. or B.: A. A monthly pension equal to 25% of his/her average monthly compensation as of his/her disability retirement date, or -16- B. The accrued Normal Retirement Benefit. 3. Conditions Disqualifying Disability Benefits Each Police Officer or Firefighter who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants or alcohol. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. E. Injury or disease sustained after his/her employment shall have terminated as a Police Officer with the Tequesta Police Department or a Firefighter with the Tequesta Fire Department. F. Injury or disease sustained by a Police Officer, while. working for anyone other than the Tequesta Police Department and arising out of such employment. G. Injury or disease sustained by the member before employment with the Village begins. This subparagraph applies only in the event of a duty injury or disease. 4. Physical Examination Requirement An employee shall not become eligible for disability benefits until and unless he/she undergoes a physical examination by a qualified physician or physicians and/or surgeons, who shall be selected by the Board for that purpose. Any person receiving disability benefit under provisions of this Ordinance may be periodically re-examined by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the retiree is no longer permanently and totally disabled to the extent that he/she is unable to render useful and efficient service as a Police Officer -17- Injury or disease sustained while serving in any branch of the Armed or a Firefighter, the Board shall recommend to the Village that the retiree be returned to their previous performance of duty as a Police Officer or Firefighter, and the retiree so returned shall enjoy the same rights that Member -had at the time he/she was placed upon pension. In the event the retiree is so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, Member shall forfeit the right to hislher pension. The cost of the physical examination and/or re-examination of the employee or retiree claiming and/or receiving disability benefits shall be borne by the Board. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Board. if the retiree recovers from disability and reenters his/her former service with the Village of Tequesta held prior to disability retirement, his/her service will be deemed to have been continuous, but the period beginning with the first month for which he/she received a disability retirement income payment and ending with the date he/she reentered the service of the Village will not be considered as credited service for the purposes of the Plan. The Board shall have the power and authority to make the final decision regarding all disability claims. 5. Disability Payments The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board of Trustees determines such entitlement. However, the monthly retirement income shall be payable 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 plan member recovers from the disability or attains his/her normal retirement date, the payment due next preceding the date of such recovery, or B. If the plan member dies without recovering from the disability prior to his/her normal retirement date while still disabled, the payment due next preceding his/her death or the 120th monthly payment, whichever is later. -18- Section 10. Monthly Supplemental Benefits. Effective upon passage of this Ordinance, any retiree or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit of $20 per year of service, up to a maximum benefit of $600.00. 2. This benefit shall be payable monthly as a part of the regular monthly pension benefit. The benefit shall be payable to the retiree and any beneficiary. The benefit shall cease upon the death of the member or beneficiary, if applicable. 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: 1. If the Member has less than six (6) years of credited service upon termination, the Member shall be entitled to a refund of his/her accumulated contribution or the Member may leave it deposited with the Fund. 2. If the Member has six (6) or more years of credited service upon termination, the Member shall be entitled to a monthly retirement benefit that is the actuarial equivalent of the amount of such retirement income otherwise payable to him commencing at the Member's otherwise normal or early retirement date, provided he does not elect to withdraw his/her accumulated contributions and provided the Member survives to his/her normal or early retirement date. Section 12. Optional Forms of Benefits. 1. In lieu of the amount and form of retirement income payable in the event of normal, early, or disability retirement as specified herein, a plan member, upon written request to the Board of Trustees, and subject to the approval of the Board of Trustees, may elect to receive a retirement income or benefit of equivalent actuarial valuation payable in accordance with one of the following options: A. A retirement income of a larger monthly amount, payable to the Member for his/her lifetime only. B. A retirement income of a modified monthly amount, payable to the Member during the joint lifetime of the Member and a dependent joint pensionerdesignated bythe Memberand following the death of either of them, 100%, 76%, 66-2/3%, or 50% of such monthly amounts payable to the survivor for the lifetime of the survivor. -19- C. Such other amount and form of retirement payments or benefits as, in the opinion of the Board of Trustees, will best meet the circumstances of the retiring Member. 2. The Member, upon electing any option of this section, will designate the joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the Plan in the event of the Member's death, and will have the power to change such designation from time to time, but any such change shall be deemed a new election and will be subject to approval by the Board of Trustees. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. If a Member has elected an option with joint pensioner or beneficiary and the Member's retirement income benefits have commenced, the Member may thereafter change his/her designated joint pensioner or beneficiary, but only ff the Board of Trustees consents to change and if the joint pensioner or beneficiary, but only if the Board of Trustees consents to change and if the joint pensioner last previously designated by the Member is alive when he/she files with the Board of Trustees the request for such change. 3. The consent of joint pensioner or beneficiary to any such change shall not be required. 4. The Board of Trustees may request such evidence of the good health of joint pensioner that is being removed as it may require and the amount of the retirement income payable to the Police Officer or Firefighter upon designation of a new joint pensioner shall be actuarially redetermined taking into account the age and sex of the former joint pensioner, the new joint pensioner, and the Police Officer or Firefighter. Each such designation will be made in writing on a form prepared by the Board of Trustees and on completion will be filed with the Board of Trustees. In the event that no designated beneficiary survives the Member, such benefits as are payable in the event of the death of the Member subsequent to his/her retirement shall be paid as provided in Section 12. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: A. If a Member dies prior to his/her normal retirement date or early retirement date, whichever occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 8. B. If the designated beneficiary (or beneficiaries) or joint pensioner dies before the Member's retirement under the Plan, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his/her retirement as -20- if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated bythe Memberpriorto his/herretirementand within ninety (90) days after the death of the beneficiary. C. If both the retired Member and the beneficiary (or beneficiaries) designated by the Member die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board of Trustees may in its discretion, direct that the computed value of the remaining payments be paid in a lump sum and in accordance with Section 12. D. If a Member continues beyond his/her normal retirement date pursuant to the provisions of Section 7, subsection 1, and dies prior to his/her actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or benefiaaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his/her death occurred. 6. The Member may not change his/her retirement option after the date of cashing or depositing his/her first retirement check. Section 13. Beneficiaries. 1. Each Member may, on a form provided for that purpose, signed and filed with the Board of Trustees, designate a beneficiary (or beneficiaries} to receive the benefit, if any, which may be payable in the event of his/her death; and each designation may be revoked by such Member by signing and filing with the Board of Trustees a new designation-of-beneficiary form. 2. If a deceased Member fails to name a beneficiary in the manner prescribed in subsection 1, or if the beneficiary (or beneficiaries) named by a deceased Member predeceases the Member, the death benefit, if any, which may be payable underthe Plan with respect to such deceased Member may be paid, in the discretion of the Board of Trustees, either to: A. The wife or dependent children of the Member; B. The dependent living parents of the Member; or C. Estate of the Member. -21- Section 14. Deferred Retirement Option Plan. Eligibility to Participate in the Drop A. Any member who is eligible to receive a normal retirement pension may participate in the DROP. Members shall elect to participate by applying to the Board of Trustees on a form provided for that purpose. B. Election to participate shall be forfeited if not exercised within the first twenty-seven (27) years of combined credited service.. However, participation in the first years of enactment will be extended to those members with twenty-eight (28) years of service in 2003. C. A member shall not participate in the DROP beyond the time of attaining 30 years of service and the total years of partiapation in the DROP shall not exceed five (5) years. For example: (1) Members with twenty-five (25) years of credited service at time of entry shall only participate for five (5) years. (2) Members with twenty-six (26) years of credited service at time of entry shall only participate for four (4) years. (3) Members with twenty-seven (27) years of credited service at time of entry shall only participate for three (3) years. D. Upon a member's election to participate in the DROP, he or she shall cease to be a member and is precluded from accruing any additional benefit under the Pension Fund. For all Fund purposes, the member becomes a retirant. The amount of credited service and final average salary freeze as of the date of entry into the DROP. 2. Amounts Payable upon Election to Participate in DROP A. Monthly retirement benefits that would have been payable had the member terminated employment with the department and elected to receive monthly pension payments will be paid into the DROP and credited to the retirant. Payments into the DROP will be made monthly over the period the retirant participates in the DROP, up to a maximum of sixty (60) months. B. Payments to the DROP eam interest using the rate of investment return earned on Pension Fund assets during the twelve (12) month period ending September 30th. The rate determined shall be the rate reported to the Division of Retirement pursuant to Part VII of Chapter -22- 112, Florida Statutes. However, if a police officer or firefighter does not terminate employment at the end of participation in the DROP, interest credits shall cease on the current balance and on all future DROP deposits. C. No payments will be made from DROP until the member terminates employment with the department. D. Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following rules: (1) Members may elect to begin to receive payment upon termination of employment or defer payment of DROP until the latest day as provided under sub-subparagraph c. (2) Payments shall be made in either: a. Lump sum -the entire account balance will be paid to the retirant upon approval of the Board of Trustees. b. Installments -the account balance will be paid out to the retirant in three equal payments paid over 3 years the first payment to be made upon approval of the Board of Trustees. c. Annuity -the account balance will be used to purchase an annuity to be paid monthly, the first payment to be made upon approval by the Board of Trustees. The annuity must be purchased from an insurer licensed to sell such annuities in Florida. (3) Any form of payment selected by a police officer must comply with the minimum distribution requirements of the IRC 401(A)(9) e.g., payments must commence by age 70'/z. (4) The beneficiary of the DROP participant who dies before payments from DROP begin shall have the same right as the participant in accordance with Ordinance. -23- Section 15. Claims Procedures Before the Board Decision. If any Member of the System has been: A. Placed on pension under the terms and provisions of this ordinance for disability, or B. Placed on pension because the Member has served the required number of years to entitle him to a pension, or C. Refused benefits under this Plan, and is dissatisfied with the amount of pension the Member is receiving, or believes that he should be entitled to benefits under the Plan, the Member may, in writing, request the Board to review his/her case. The Board shall review the case ahd enter such order thereon as it deems right and proper within sixty (60) days from receipt of such written request and the receipt by the Board of a written medical release authorization and a list of names and addresses of all treating health care providers for such review of disability claims; provided, that the Board may extend the time for entering such order by an additional forty-five (45) days if it determines such time is necessary for discovery in full and adequate review. 2. In the event that the order from the Board denies the claim for a change in such benefits or denies the claim for benefits, the order of the Board shall be put in writing. Such written order shall include: A. The specific reasons for the denial, including specific references to pertinent provisions of the retirement system on which such denial is based; B. A description of any additional material or information that the Board feels is necessary for the Member to perfect his/her claim, together with an explanation of why such material or information is necessary; and C. An explanation of the review procedure next open to the Member. Such review procedure shall provide that: (1) Prior to such review, the Member or his/her duly authorized representative may review any pertinent documents including Plan provisions, minutes of the meeting of the Board in which denial fo the claim was originally recommended, and any other documents material to the case; -24- (2) After such review, the Member and/or his/her duly authorized representative shall submit their case in writing to the Board and request a hearing. Such submission shall be filed with the Board no later than ninety (90) days after the receipt of the order of the Board. Upon receipt of the written submission by the Member, the Board shall schedule an opportunity for a full and fair hearing of the issue within the next ninety (90) days, and such scheduled hearing shall be communicated in writing to the Member. The Member and/or his/her duly authorized representative may then appear at such scheduled hearing to present their case. The Board shall consider the facts presented at the scheduled hearing and shall, within thirty (30) days after such hearing, make a final ruling in writing on the request of the Member. The written decision shall include the reasons for such decision and, such decision shall be final. (a) The Chairman shall preside over the hearing and shall rule on all evidentiary and other legal questions that arise during the hearing. (b) Either party, the claimant or the Board, may file pleadings within the time limits set herein. Procedural motions are to be determined by the Chairman of the Board at any time. All parties are to furnish copies of all pleadings to the opposing parties and exchange lists with names and addresses of witnesses expected to be called to testify at the hearing, as well as the list of exhibits that are intended to be introduced, at least forty-five (45) days prior to the hearing. Testimony of witnesses shall be under oath or affirmation. Depositions or affidavits shall not be admissible unless upon stipulation by all parties. The Chairman, any Member of the Board, the attorney for the Board, the claimant and the claimant's attorney, upon recognition by the Chairman, may direct questions to any witness during the proceedings. Each party shall have the right to present evidence relevant to the issues, to cross-examine witnesses, to impeach witnesses and to respond to the evidence presented against the party. Each party shall have the right to present any opening and closing arguments. Any party may secure the services of a court reporter to record the proceedings with the cost to be home by the party requesting the count reporter or requesting the transcription of the proceedings. -25- (c) In all cases, unless otherwise provided in this section, the burden of proof shall be on the claimant who seeks to draw his/her entitlement to a pension, disability pension, or increased pension benefits. 3. In all proceedings under subsections 1 or 2 hereof, the Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and, at the proceedings provided for in each paragraph. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. Section 16. Reports to Division of Retirement. Each year no later than March 15th, the Chairman of the Board shall file two (2) separate reports with the Division of Retirement containing the following relative to the Police Officers and Firefighters of the Plan. The Police Officer report shall be separate from the Firefighter report. 1. Whether in fact the Village is in compliance with the provisions of Chapters 175 and 185, Florida Statutes. 2. A certified statement of accounting for the most recent fiscal year of the Village (or an independent audit by a certfied public accountant if required by the Division of Retirement) showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year by the Public Safety Board. Such income and disbursements shall be reconciled with the assets at the beginning and end of the year. 3. A statistical exhibit showing the number of Police Officers on the force of the Village, the number included in the Pension Plan, the number of Police Officers ineligible, classified according to the reasons for their being ineligible, and the number of disabled and retired Police Officers and their beneficiaries receiving pension payments and the amounts of annual retirement income or pension payments being received by them. 4. A statistical exhibit showing the number of Firefighters on the force of the Vlllage, the number included in the Pension Plan, the number of Firefighters ineligible, classified according to the reasons for their being ineligible, and the number of disabled and retired Firefighters and their beneficiaries receiving pension payments and the amounts of annual retirement income or pension payments being received by them. 5. A statement of the amount the Village has contributed to the Public Safety Pension Fund for the preceding plan year and the amount the Village will contribute to the Public Safety Pension Fund for the current plan year. -26- 6. If any benefits are insured with a commercial insurance company, the report shall include a statement of the relationship of the insured benefits to the benefits provided by this Ordinance. This report shall also contain information about the insurer, basis of premium rates, mortality table, interest rates and method used in valuating retirement benefits. 7. An actuarial valuation of the retirement Plan for Public Safety Officers must be made at least once every three (3) years commencing from the last actuarial report of the Plan. Such valuation shall be prepared by an enrolled actuary who is enrolled under Subtitle C of the Title 3 Employee Retirement Income Security Act of 1974 and who is a Member of the Society of Actuaries or the American Academy of Actuaries. Section 17. Roster of Retirees. The Secretary of the Boards shall keep a record of all persons enjoying a pension under the provisions of this Ordinance in which it shalt be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shal{ keep a record of all Police Officers and Firefighters employed by the Village who are Members of the plan their board administers in such a manner as to show the name, address, date of employment and date such employment is terminated. Section 18. Board Attorney and Professionals. The Board may employ independent legal counsel at the Pension Fund's expense forthe purposes contained herein, togetherwith such otherprofessional, technical, orother advisors as the Board deems necessary. Section 19. Maximum Pension. Basic Limitation. Subject to the adjustments herein set forth, the maximum amount of annual retirement income payable with respect to a Member under this Plan shall not exceed the limits contained in §415 of the Code. 2. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension to a retiree who becomes a member of the Plan and who has not previously participated in such Plan, on or after January 1, 1980, shall not exceed 100 percent of his/her average final compensation. However, nothing contained in -27- this section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. B. No member of the Plan who is not now a member of such Plan shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from another retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Section 20. Commencement of Benefits. 1. Unless the Member otherwise elects, with such election being in writing and to the Trustees and specifying the form of retirement income and date on which the retirement income is to commence, the payment benefits under the Plan to the Member shall commence not later than the 60th day after the close of the Plan Year in which the latest following events occur: A. The attainment by the Member of age 65; B. The 10th anniversary of the date on which the Member commenced participation in the Plan; or C. The termination of the Member's service with the Village of Tequesta 2. If the payment of a Member's retirement income cannot begin on the date required under subsection 1 of the Section because the Trustees either cannot ascertain the amount of the Member's retirement income or cannot locate the Member after making reasonable efforts to do so, the payment of the Member's benefit shall begin not later than sixty (60) days after the date on which the amount can be ascertained or the Member is located, whichever is applicable. Any such payment shall be made retroactive to a date which is not earlier than the date on which the payment of the Member's benefit was scheduled to begin but which is not later than the date specified under subsection 1 of this Section. Section 21. Distribution of Benefits. Notwithstanding any other provision of this Plan to the contrary, a form of retirement income payable from this Plan after the effective date of this ordinance, shall satisfy the following conditions: -28- 1. If the retirement income is payable before the Member's death, the distribution shall commence to them not later than the calendar year defined above; and A. shall be paid over the life of the Member or over the lifetimes of the Member and spouse, issue or dependent, or, B. shall be paid overthe period extending not beyond the life expectancy of the Member and spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the Member dies before his/her entire interest in the Plan has been distributed, the remaining portion of such interest in the Plan shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 2. If the Member's death occurs before the distribution of his/her interest in the Plan has commenced, the Member's entire interest in the Plan shall be distributed within five (5) years of the Member's death, unless it is to be distributed in accordance with the following rules: A. The Member's remaining interest in the Plan is payable to his/her spouse, issue or dependent; B. The remaining interest is to be distributed over the life of the spouse, issue or dependent or over a period not extending beyond the life expectancy of the spouse, issue or dependent; and C. Such distribution begins within one year of the Member's death unless the Member's spouse, issue ordependent shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age 70'/Z and if the spouse, issue or dependent dies before the distribution to the spouse, issue or dependent begins, this Section shall be applied as if the spouse, issue or dependent were the Plan Member. Section 22. Miscellaneous Provision. 1. Interest of Members in Pension Fund. At no time prior to the satisfaction of all liabilities under the Plan with respect to Members and their spouses or beneficiaries, shall any part of the corpus or income of the Pension Fund be used for or diverted to any purpose other than for their exclusive benefit. -29- 2. No amendment or ordinance shall be adopted by the Village Council of the Village of Tequesta which shall have the effect of reducing the then vested accrued benefits to Members or Members beneficiaries. 3. Rollover Distributions A. This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this subsection, a distributee may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. B. Definitions. (1) "Eligible rollover distribution" is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover does not include any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or distributee's designated beneficiary, or for a specked period of 10 years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. (2) "Eligible retirement plan" is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in sectiion 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of al eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) °Distributee" includes an employee or former employee. In addition, the employee's or farmer employee's surviving spouse and the employee's or former employee's spouse who is entitled to payment for alimony and child support under a domestic relations order determined to be qualified by this Fund are distributees with regard to the interest of the spouse or former spouse. -30- (4) °Direct rollover" is a payment by the Plan to the eligible retirement plan specified by the distributes. Section 23. Repeal or Termination of System. 1. This Ordinance establishing the System and Fund, and subsequent Ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent Ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which are the time of any such alteration, amendment, or repeal shall have accrued to the Member or beneficiary shall not be affected thereb , 2. If this Ordinance shall be repealed, or if contributions to the System are discontinued, the Board shall continue to administer the System in accordance with the provisions of this Ordinance, for the sole benefit of the then Members, any beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this Ordinance who are designated by any of said Members. In the event of repeal, or if contributions to the System are discontinued, there shall be full vesting (100%) of benefits accrued to date of repeal The actuarial -31- $OlI1"~ -32- vafcie: ~ The allocation of the Fund provided for in this subsection may, as decided by the Board be carried out through the purchase of insurance company contracts to -33- provide the benefits determined in accordance with this subsection. The Fund may be distributed in one sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Trust may be continued in existence for purposes of subsequent distributions. 5.~ After all the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining fund revert to the General Fund of the Village. Section 24. Exemption from Execution, Non-assignability. The pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this Ordinance and the accumulated contributions and the cash securities in the Fund created under this Ordinance are hereby exempted from any state, county or municipal tax of the state and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. However, pursuant to an income deduction order, the trustees may direct that retirement benefits be paid for alimony or child support in accordance with rules and regulations adopted by the Board of Trustees. necessary to• 1. oav for benefits being received through the Village: 2. uav the certified bargaining agent: or Section 25. Pension Validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted and under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reasons. Said Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or heretofore granted under this Ordinance if the same is found to be erroneous, fraudulent or illegal for any reason, and to reclassify any person -34- who has heretofore under any prior or existing law been or who shall hereafter under this Ordinance be erroneously, improperly or illegally classified. Section 26. Forfeiture of Pension. Any Member convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his/her admitted commission, aid or abatement of the following specified offenses, shall forfeit all rights and benefits under this Pension Fund, except for the return of this accumulated contributions as of the date of termination. 1. Specified offenses are as follows: A. The committing, aiding orabetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes; E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his/her duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through use or attempted use of the power, rights, privileges, duties or position of his/her public office or employment position. -35- 2. Definitions A. Conviction shall be defined as: An adjudication of guilt by a court of competent jurisdiction; a plea of guilty or polo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. B. Court shall be defined as: Any state or federal court of competent jurisdiction which is exercising jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior forfeiture, the Board of Trustees shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shalt apply, but the Member shall be afforded a full opportunity to present his/her case against forfeiture. Any Memberwho has received benefits from the System in excess of his/her accumulated contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his/her accumulated contributions. The Board of Trustees may implement all legal action necessary to recover such funds. 3. False, misleading, orfraudulent statements made to obtain public retirement benefits is prohibited; penalty A. It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit available under a retirement plan receiving funding under Florida Statutes, Chapters 175 and 185. B. A person who violates subsection (A) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. In addition to any applicable criminal penalty, upon conviction for violation described in subsection (A), a participant or beneficiary of a pension plan receiving funding under Florida Statutes, Chapters 175 and 185 may, in the discretion of the Board of Trustees, be required to forfeit the right to receive any or all benefits to which the person -36- would otherwise be entitled under this Ordinance. For purposes of this paragraph, "conviction" means a determination of guilt that is the result of a pleas or trial, regardless of whether adjudication is withheld. Section 27. Military Service Prior to Employment. The years or fractional parts of years that a Member 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 or Fire Department shalt beadded tohis/heryears of credited service provided that: 1. The Police Officer or 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 request shall be made only once and made by the Member 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 or Fire Department, whichever is later. 3. Payment by the Member 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. Q. The maximum credit under this section shall be five (5) years. BSJladt October 20, 2009 November 3, 2009 H:\Tequesta PS 1011\Plan Dots 8 RulesWmend1200912009 Restatement (538-HEART-BUYBACK).vrpd -37-