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Home My WebLink AboutDocumentation_Regular_Tab 25_05/12/2005TAB 25 ADDITIONAL MATERIALS INTEROFFICE MEMORANDUM TO: VILLAGF MANAGER MICIIAEL R. COUZZO, JR. FROM: COMMUNITY DEVELOPMENT JEFFERY C. NEWELL SUBJECT: GENERAL EMPLOYEES PENSION PLAN AMENDMENT , DATE: 5/ 10/2005 CC: The General Employees Pension Board Trustees voted to amend section 9"Disability Off-Duty" to read as follows: "Every General Employee who has six ,vears of credited setvice, is a participant in the Pension System and who shall have become totally and permanendy disable to the extent the he/she is unable, by xeason of a medically determinable physical ot mental impairment, to render useful and efficient service as a General Employee which disability is not direcdy caused by the performance of his/her duties as General Employee shall be entitled to the greater of A or B." The original plan did not make the distinction between a"vested" or "non-vested" member of the Pension Plan, concerning, the matter of "off-duty" injuries ending in a disability. The Board took the position to require that a member be "vested" to be eligible for the "off- duty" disability award. Exhibit "A" Please note on page eight (8) of Exhibit "A"(B)(4) the General Employees Pension Board is recommending to Village Council to amend the language to the following: Bonds, stocks, commingled Eunds...... pxovided that the corporation is traded on a nationally recognized Exchange and in the case of bonds only holds a rating in one of the ��ee-four highest classifications by a major rating service ...... (line 9 of (B)(4)). The Trustees voted all in favor to the amendment. Jeffery C. Newell Chairperson of the Board ` Gwen Carlisle From: Karen Amenita [karena@hpjlaw.comj �ent: Friday, May 06, 2005 10:41 AM �: Gwen Carlisle .c: Jeffery C. Neweii; Carl Hansen; Robert Garlo; Thomas J. Paterno; Bonni S.Jensen Subject: Impact Statement (GRS) Non-Duty service requirement is increased to 6 years � � Imp non duty 6 yrs.pdf Hi Gwen: Attached is the Impact Statement which needs to be signed by the Pension Administrator. {It's already signed by Steve Palmquist) for the Village Council for inclusion with the proposed Ordinance Amendment. Please let us know when this item will be on the Village Council Agenda. I am sending you the original document so that you may sign it and have the original signed document for the Fund's files. (Please send us a copy for our files after you've signed it). You will need to send a copy of the Ordinance and the Impact Statement to the State after first reading. Please call us if you have any questions. Have a wonderful weekend. Karen Amenita <karena@hpjlaw.com> - °gal Assistant to Bonni S. Jensen � �son Perry & Jensen, PA Executive Center Drive, Suite 207 ��ast Palm Beach, FL 33401-2922 561-686-6550 (Phone) 561-686-2802 (Fax) 1 . Vi{{age of Tequesta General Employees Pension Trust Fund impact Statement — Apri114, 2005 Description of Amendment This change would apply to Generai Employees only: - Non-Duty Disability service requirement is increased to 6 years. Funding Imptications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan Village of Tequesta Generai Employees Pension Trust Fund Valuation Date October 1, 2003 Date of Report Aprii 14, 2005 Report Requested by Boa�d of Trustees Prepared by J. Stephen Palmquist Group Valued Active General Employees Plan Provisions Being Considered for Change Present Provision Before Chanqe - No service requirement for Non-Duty Disabiliiy Proposed Chanqe - Service requirement is 6 years for Non-Duty Disability Particiqants Affected All Active Generaf Employees. Actuarial Assumptions and Methods Same as C?ctober 1, 2003 Actuarial Valuation Report with no exceptions. Some of the �Cey 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 Invoived With the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations None Possible Conflicts With IRS Qualification Rules None � �. teph n Palmquist, ASA AAA, �CA Enrolled Actuary No. 02-15 �1 �fr��;��" ��,�.s��i ��, �fa G � V • kn T � �! � : ��i ' y � � �� (Y�� 'M+�,� ' � � xt,n� i � q� �ei {'�, � •"�., y� ��.., n ;�a��iF � y�. '� +� If� '�1' �- �t�� ''�� ;y�� F 1 h r !+ a� , �;W E�. a � Kry a:�� SjFm�71 �M��: +n r� rd,1�i 1��t t� +_ � � c§��;9F�,4a fjd'41��P13 ''� ��^� �a 9 �,, n d�r��r�+"� �r#� �I �,��' .'� 'wr �.Y � � ,F; i� ;,,�r,�'� 5 � � � �7i c / i ± h�.. ,'� � �, a Ja� {15 � .i�(�� T . �`� �� 31 1 � V��In�' t� 1 � �'n� J1 J �� ,, � >,��,� vV'F�'�0��..��+r)�� 3��Fr��y'��'MxI �t� � � ,�,� � �� .mx y d �7 ��"� i �� ;, f � � � � �i � �J.�1 �i,;�i.�.�i'i��,��r.t;�Y?Ilr,... t „ ��.�'�r'�'� , :VN�uul....l��,�'�.'�`'.u,�=A�;� � �"� F�a.a'�4^5�"�a��9uk.'°,k�.l.�r3it-r-.� �?� , 3-i''�Y�� TrY. r. � A. Valuation Date October 1, 2003 October 1, 2003 Baseline 6 year vesting for ordinary disabilify B. ARC to Be Paid During Fiscal Year Ending 9/30/2005 9/30/2005 C. Assumed Date of Employer Conirib. Monthly Monthfy D. Annual Payment to Amortize Unfunded Actuarial Liabiiity $ 0 $ 0 E. Employer Normal Cost 88,518 86,827 F. ARC if Paid on the Valuation Date: D+E 88,518 86,827 G. ARC Adjusted for Frequency of Payments 92,218 90,456 H. ARC as % of Covered Payroll 8.73 % 8.56 % I. Assumed Rate of Increase in Covered Payroll to Contribution Year 4.00 % 4.00 % J: Covered Payroll for Contribution Year 1,099,069 1,099,069 K. ARC for Contribution Year: H x J 95,949 94,080 L. REC as % of Covered Payroll in Contribution Year: M= J 8.73 % 8.56 % '� ii .l�Y,.F,a � ..,£Y tk {'�' c 7 �.j.i�3� . :� i � � h; � �v . .;1' � q kk{��i�` U �� wq�' �.�N�� A �-p�l r �'ki = ��ii� 2 �. 1� - G -^ "E l;�w' S r �:I; e �. - - � c t ' � 7 , �� , t ,1'r � � `�� _ # �'' ' �'�' {�'��` ,� ,� .rA� .�,�'�`se�1�9 �'� a ° r� 3��p,,��.� �° � �-, � �!�. �r E Y r� � 4 . tia;,�` 5�' ��'1�� l' " � �! � �,�}'� �, �',:� �.+�' t �`�y�A��S.r�'c.crS.,�� , u.. w'� �e�,�r . it t 4'k.�,��.*j�a• ��" �� vr S_ 1 r �- 1 �,{� � r ,�, . < i l L I f.�� ti��F .��A I ti ��. v.4 1 �C. € 4 Or': 2 � I 3 �� - L� . � L��' � �� ,�?;r�� t n�x f, ;a ,��,,�.., �,� ��. v �� ,BENEF�TLS �►ND� �$ �k F� r� � �: ��, .�,< �... ,�� t ��.+�i.�,-�� Fy {t1 1 �4 � � .��r�"� � � 44 r q a ; { `v-'�q .� ��'k � i: .� �! I b,1).Js-'r�* a �� t7 � t7i �� °��-''. ��#��;�;�, � �� + �,�� .,� w-.. +1:;`'si t� .� ��'��' t r y 1€1 .�"�'f� F�' �� " 43y �tr fL�� E �` j n L . � t� � � r � .. �1�'r ��J`�t tc y-� �T2d�' -`T� ` :.fi,�P�,�:�4'�.`�.g �; � 4` �� s ry `��. � l�i l 1 1,�I�1 � � ; ' ; r i � _ .} :Qe�. � sF . .'� �`�.RC ��i , s . _��Wa.., _ �:•lral. r�t.v.,t?d " �yr . ��.,.a ��' a�Tt't. �.Y� ra4;.. A. Valuation Date October 1, 2003 October 1, 2003 Baseline 6 year vesting for ordinary disabilify B. Actuariai Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits $ 1,434,003 $ 1,434,003 " b. Vesting Benefits 32,187 32,187 c. Disability Benefits 263,556 242,958 d. Preretirement Death Benefits 37,719 37,719 e. Return of Member Contributions 19,747 21,063 f. Total 1,787,212 1,767,930 � 2. Inactive Members a. Service Retirees & Beneficiaries - _ b. Disability Retirees _ _ c. Terminated Vested Members _ _ d. Total _ _ 3. Total for All Members 1,787,212 1,767,930 C. Actuarial Accrued (Past Service) Liability per GASB No. 25 265,486 269,791 D. Actuarial Value of Accumulated Plan � Benefits per FASB No. 35 NA NA E. Plan Assets 1. Market Value 333,944 333,944 2. Actuarial Value 333,944 333,944 F. Actuarial Present Value of Projected Covered Payroll 11,724,805 11,724,805 G. Actuarial Present Value of Projected Member Contributions 586,240 586,240 �`n"�.'� �'�"1.�,�'� �t� z r��9 4 � `�. �e�' +� 'b .:a`3"'U"rr`'� k. 1 k$;�7� �.h�c� 'Ja ,�" ,�f�i OTrerm' � ns +� c t. �, - � s �i f�r�t.Mr jw#ra F� ��4s�'s �'�� Y�'� rt�t a� ' , '�� .;"��A�LC��L�'AT� = CO�f� ��2�� i r , ::�� ,�Itrrtair'.+'�Ziw"£t.rl�� t�'��4�Yv'�it`�'s�.�r'7'G�e w' (�r,. �-#�'1 �. � A. Valuation Date October 1, 2003 October 1, 2003 Baseline 6 year vesting for ordinary disability B. Actuarial Present Value of Projected Benefits $ 1,787,212 $ 1,767,930 C. Actuariai Value of Assets 333,944 333,944 D. Unfunded Actuarial Accrued Liability 0 0 E. Actuarial Present Value of Projected Member Contributions 586,240 586,240 F. Actuarial Present Value of Projected Employer Normal Costs: B-C-D-E 867,028 847,746 G. Actuarial Present Value of Projected Covered Payroll 11,724,805 11,724,805 H. Employer Normal Cost Rate: F/G 7.39 % 7.23 % I. Covered Annual Payroli 1,056,797 1,056,797 J. Employer Normal Cost: H x I 78,097 76,406 K. Assumed Amount of Administrative Expenses 10,421 10,421 L. Total Employer Normal Cost: J+K gg,5�g gg,g27 M. Empioyer Normal Cost as % of Covered Payroll 8.38 % 8.22 % Memorandum TO: HONORABLE MAYOR AND VILLAGE COUNCIL FROM: JAMES M WEINAND, CHAIRMAN OF PUBLIC SAFETY PENSION TRUST SUBJECT: PENSION PLAN REVISIONS DATE: 03/31 /2005 At the March 14, 2005, Public Safety Pension Fund meeting the Board of Trustees approved the incorporation of the following extra benefits into the Public Safety Pension Plan. 1. To change the plan mu�iplier to 3.0% for years sixteen through twenty-one, instead of the current 2.5°to rate, and 2. To change the plan multiplier to 3.0% for all years of service after twenty-�ve, instead of the current 2.Q% rate, and 3. To increase supplemental benefit to $20.00 a month, per year of service; instead of the current $5.00 a month, per year of service. Attached you will find the revised Ordinance to incorporate these benefit changes and an actuarial impact statement prepared by Mr. Palmquist from Gabriel, Roeder, Smith & Company outlining the costs. The incorporation of these extra benefits into the Pension Plan has no financial impact on the Village's contribution rates for Police and Fire, nor will the contribution rate change for police officers. However, the firefighters will have to increase their individual pension contribution by 1.1 % to receive these benefits. 100% of the Fire-Rescue Pension Plan members voted to increase their personal contribution to 6.1 %, instead of the current 5% contribution rate in order to receive these proposed benefit changes. The remaining costs associated with these benefits are solo funded out of excess state supplemental revenues. We are required by law to use the excess state supplemental funds to provide additional pension plan benefits to the Firefighters and Police Offices. The employees of the Police and Fire Departments have been informed and have provided great input on these proposed changes. We are asking you to please give this matter your utmost consideration. M:Wdministration DocumentslPension File\Village Council Pension Changes 03312005.doc FO�� {. � - : MAR I � 2005 !i /� � � �� DMIiVI�7'�A°�`I Mi� GABRIEL, ROEDER, SMITH & COMPANY Consuitants & Actuartes 301 East Las Olas Bivd. • Suita 200 • Ft. Lauderdale, FL 3330i-2254 • 954-527-1616 • FAX 954-525-0083 March 15, 2005 James Weinand, Chairman Pubiic Safety Officers Board of Trustees Village of Tequesta 357 Tequesta Drive Tequesta, FL 32960-6441 Re: Tequesta Public Safety Pension Plan Dear Jim: As requesfed, we have prepared an Actuarial impact Statement for an ordinance that makes the foliowing changes for Public Safety Officer Pian Members: 1. Benefit multiplier is increased to 3.0°Jo for years sixteen thraugh finrenty-one 2. Benefit multiplier is increased to 3.0% for ali years of service after finrenty-�ve 3. Supplemenfial benefit is increased to $20.00 per year of service 4. Empioyee contributions increased firom 5.0% to fi.1°/a of pay for Firefighters Please have a member of the Bo�rd of Tnastees sign the Statement. Then send it along with a copy of the praposed ordinance to Tallahassee. We welcome your questions and comments. Sincerety yours, . � 9 J. Stephen Palmquist Encfosures Village of Tequesta Pubtic Safety Officers Pension Pian Impact Statement — March 15, 2005 Description of Amendment These changes wouid apply to bo#h Firefighter and Police Officers excepfi for the change in employee contributions: 1. Benefit multiplier is increased to 3.0°lo for years sixteen through twenty-one 2. Benefit multiplier is increased to 3.0% for aii years of service after twenty-five 3. Supplemental benefit is increased to $20.00 per year af senrice 4. Employee contributions increased from 5.0% to 6.1 °lfl of pay for Firefighters Funding Implications of Amendment An actuarial cost estimate is attached. Certi�cation of Administrator I believe the amendment to be in compliance with Part Vlt, Chap#er 112, Fiorida Statutes and Section 14, Artic(e X of the Constitution of the State af Florida. Fo he Board of Truste s Plan Administrator SUPPLEMENTA[. ACTUARIAL VALUATION REPORT Plan Viilage of Tequesta Public Safety Officers Pension Trust Fund Valuation Date October 1, 2003 Date of Report March 15, 2005 Report Requested by _ Board of Trustees Prepared by J. Stephen Palmquist Group Valued Active Firefighters and Police Officers Plan Prov'rsions Being Considered for Change Present Provision Before Chanqe 1. Benefit Multiplier is 2.5% for years of service 16-21 2. Bene�t Multiptier is 2.0% after 25 years of senrice 3. Supplemental Benefit is $5.00 4. Employee Contributions are 5.0% (Firefighters) Proposed Chanae 1. Benefit Muitiplier is 3.0°/a for years of service 16-21 2. Benefit Multiplier is 3.0% after 25 years of service � 3. Supplementaf Benefit is $20.00 4. Employee Contributions are 6.1 %(Fireftghters) Participants Affected AI1 Active Police and Firefighters. Actuarial Assumptions and Methods Same as October 1, 2003 Actuarial Valuation Report with no exceptions. Some of the key assumptions/methods are: investment return — 8.0°lo per year Salary increase — 6.0% per year Cost Method — Rggregate Amortization Period for Any tncrease in Actuarial Accrued Liability NA Summary of Data Used in Report NA Actuarial Impact of Proposal(s) See attached page(s). The changes are being funded by an increase in the Firefighters' contribution rate and by availabie Chapter 475 and Chapter 185 revenue. Special Risks involved With the Praposal That #he Plan Has Not Been Exposed ta Previously None Other Cost Considerations None Possible Conflicts With IRS Qualification Rules None ��--Q' J teph n Paimquist, AS MAAA, FCA � nrolled Actuary No: 02-1 60 A. Valuation Date Uctober 1, 2003 October 1, 2003 Valuation Affer Changes B. ARC to Be Paid During Fiscal Year Ending 9/30/20a5 9/30/2005 C. Assumed Date of Employer Contrib. Monthly Monthly D. Annual Payment to Amortize Unfunded Actuarial Liability $ 0 $ 0 E. Employer Normal Cost 53,969 61,361 ' F. ARC if Paid on the Valuation Date: D+E 53,969 61,361 G. ARC Adjusted for Frequency of Payments 56,225 63,926 H: ARC as % of Covered Payroll 13.24 °/a 15.05 % I. Assumed Rate of Increase in Covered Payroll to Contribution Year 4.00 % 4.00 % J. Cavered Payroll for Contribution Year 441,787 441,787 K. ARC for Contribution Year: H x J 58,493 66,489 L. Allowable Credit for Chapter Revenue 25,134 33,130 M. Required City Contribu#ion: K- L 33,359 33,359 N. REC as °lo of Covered PayroU in Contribution Year: M= J 7.55 % 7.55 % A. Valuafion Date October 1, 2003 October 1, 2003 Valuation After Changes B. Actuarial Present Value of All Projected Benefits for � 1. Active Members a. Service Retirement Benefits $ 1,004,997 $ 1,089,064 b. Vesting Benefits 90,476 97,867 c. Disability Benefits 121,761 130,094 d. Preretirement Death Benefits 36,004 38,216 e. Return of Member Contributions 7,683 7,683 f. Tota! 1,260,921 1,362,924 � 2. Inactive Members a. Service Retirees & Beneficiaries - - b. Disability Retirees - - c. Terminated Vested Members - - d. Total - - 3. Total for Ail Members 1,260,921 1,362,924 C. Actuarial Accrued (Past Service) Liability per GASB No. 25 184,947 201,349 D. Actuarial Value of Accumulated Plan Benefits per FASB No. 35 NA NA E. Plan Assets 1. Actuarial Value 350,404 358,282 2. Market Value 350,404 358,282 F. Actuarial Present Value of Projected Covered Payroll 5,396,996 5,396,996 G. Actuarial Present Value of Projected Member Contributions 269,850 269,850 A. Valuation Date tJctober 1, 2003 October 1, 2003 Valuation After Changes B. Actuarial Present Value of Projected Benefits $ 1,260,921 $ 1,362,924 C. Actuariai Value of Assets 350,404 358,282 D. Unfunded Actuarial Accrued Liability 0 0 E. Actuarial Present Value of Projected Member Contributions 269,850 269,850 F. Actuarial Present Value of Projected Empioyer Normal Costs: B-C-D-E 640,667 734,792 G. Actuarial Present Value of Projected Cavered Payroll 5,396,996 5,396,996 H. Employer Normal Cost Rate: F/G 11.87 % 13.61 % i. Covered Annual Payroll 424,795 424,795 J. Employer Normal Cost: H x 1 50,423 57,815 K. Assumed Amaunt of Administrative Expenses 3,546 3,546 L. Total Emptoyer Normal Cost: J+K 53,969 61,369 M. Employer Normal Cost as % of Covered Payroll 12.70 % 14.4Q� % A. Valuation Da#e October 1, 2003 October 'I, 2003 Valuatian After Changes B. ARC to Be Paid During Fiscal Year Ending 9/3Q/2005 9/30/2005 C. Assumed Date of Employer Contrib. Monthiy Monthly D. Annual Payment to Amortize Unfunded Actuarial Liability $ 0 $ 0 E. Employer Normal Cost 134,132 150,051 F. ARC if Paid on the Valuation Date: D+E 134,132 150,051 G. ARC Adjusted for Frequency of Payments 139,739 156,323 H. ARC as % of Covered Payroil 15.27 % 17.09 % !. Assumed Rate of Increase in Covered � Payroll to Contribu#ion Year 4.OQ °Io 4.00 °/a J. Covered Payroll far Contribution Year 951,467 951,467 K. ARC for Contribution Year: H x J 145,289 162,606 L. Allowable Credit for Chapter Revenue 50,733 68,050 M. Required City Contribution: K- L 94,556 94,556 N. REC as °10 of Covered Payroil in Contribution Year: M= J 9.94 % 9.94 % A. Valua#ion Date October 1, 2003 actober 1, 2003 Valuation After Changes B. Actuarial Present Vaiue of All Projected Benefits for 1. Active Members a. Service Retirement Benefits $ 2,796,246 $ 3,041,036 b. V�sting Benefits 233,233 253,015 c. Disability Benefits 277,931 299,341 d. Preretirement Death Benefits 89,613 95,740 e. Return of Member Cantributions 7,811 8,316 f. Tota! 3,404,834 3,697,448 2. lnactive Members a. Service Retirees & Beneficiaries - - b. Disability Retirees - - c. Terminated Vested Members - - d. Total - - 3. To#a! for All Members 3,4Q4,834 3,697,448 C. Actuarial Accrued (Past Service) Liability per GASB No. 25 1,433,188 1,552,768 �. Actuarial Value of Accumu{ated Plan Benefits per FASB No. 35 NA NA E. Plan Assets 1. Market Value 1,607,866 1,607,866 2. Actuarial Vaiue 1,607,866 1,607,866 F. Actuarial Present Value of Projected Covered Payroll 10,304,009 90,304,009 G. Actuarial Present Value of P�ojected Member Contributions 515,200 � 628,545 A. Va(uation Date �ctober 1, 20Q3 October 1, 2003 Valuation After Changes B. Actuarial Present Value of Projected Benefits $ 3,404,834 $ 3,697,448 C. Actuarial Value of Assets 1,607,866 1,607,866 D. Unfunded Actuarial Accrued Liability 0 0 E. Actuarial Present Value of Projected Member Contributions 515,204 628,545 F. Actuarial Present Value of Projected Employer Normal Costs: B-C-D-E 1,281,768 1,461,037 G. Actuarial Present Value af Projected Covered Payroll 10,304,009 10,304,009 H. Employer Normal Cost Rate: F/G 12.44 % 14.18 % I. Covered Annual Payroll 914,872 914,872 J. Employer Normal Cost: H x i 113,810 129,729 . K. Assumed Amount af Administrative Expenses 20,322 20,322 L. Total Employer NQrmal Cost: J+K � 134,132 150,051 M_ Employer Normal Cost as % of Cove�ed Payroll 14.66 % 16.40 % ORDINANCE NO. 598 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING EXHIBIT "A" AND EXHIBIT "B" OF SECTION 2-61 OF THE CODE OF ORDINANCES, VILLAGE OF TEQUESTA, FLORIDA, RELATING TO THE EMPLOYEES' PENSION TRUST FUNDS; AMENDING EXHIBIT "A" TO PROVIDE FOR 6 YEAR VESTING FOR ENTITLEMENT TO DISABILITY BENEFIT; AMENDING EXHIBIT "B" TO PROVIDE FOR BOARD OF TRUSTEES ADMINISTRATIVE DUTIES; AMENDING EXHIBIT "B" TO PROVIDE FOR INCREASE IN CONTRIBUTION OF FIREFIGHTERS; AMENDING EXHIBIT "B" TO INCREASE THE NORMAL RETIREMENT BENEFIT; AMENDING EXHIBIT "B" TO INCREASE THE MONTHLY SUPPLEMENTAL BENEFIT; 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 "A" and "B" to Se�tion 2-61, Code of Ordinances, Village of Tequesta, Palm Beach County, Florida, as deleted and shown by strike-outs and additions shown by underlining on Exhibits "A" and "B" attached hereto and made a part hereof, are passed and adopted as amendments to such Exhibits and section. Se�tion 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of the Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other Ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect upon passage. THE FOREGOING ORDINANCE was offered by Councilmember who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of April , 20 MAYOR OF TEQUESTA Jim Humpage ATTEST: Gwen Carlisle, Village Clerk H:\Tequesta GE 1012�PIan Docs & Rules\Ord Caption 05.wpd March 31, 2005 EJCHIBIT "A" VILLAGE OF TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND Section 1. Creation of Pension Trust Fund. The Village of Tequesta General Employees' Pension Trust Fund for the purpose of providing retirement, death and disability benefits to members of the Fund, certain former general employees and survivor benefits to beneficiaries. Section 2. Definitions. 1. Statement of Definitions. As used herein, unless otherwise 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 during most recent actuarial valuation, 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 General Employee, whichever is greater. A year shall be twelve (12) consecutive months. Benefciarv means the person or persons enti�ed 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 if 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, means a member of the General Employee Board of Trustees, which shall administer and manage the System herein provided and serve as Trustees of the Fund for the benefit of beneficiaries of the general employees. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a General Employee who makes member contributions to the Plan, omitting intervening years or fractional parts of years when such General Employee was not 1 March 31, 2005 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 �ve (5) years, his/her contributions shall be retumed to him/her without interest. The years or fractional parts of years that a General Employee serves in the military service of the Armed Forces of the United States or the United States Merchant Marine, voluntarily or involuntarily, 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 provided that: A. The General Employee retums to his/her full time employment with the Village of Tequesta within one (1) year from the date of his/her military discharge. B. The General Employee deposits into the Fund the same sum that the Member would have contributed if he/she had remained a General Employee, plus an amount of interest that substantially approwmates the amount earned by the Fund from the date of return to employment to the date of deposit. C. The maximum credit for military service shall be five (5) years. Effective Date means the date on which this Ordinance becomes effective. Fund means the Trust Fund established herein as part of the System, forthe benefit of General Employees. General Employee means an actively employed full-time person employed by the Village of Tequesta, including his/her initial probationary employment period, excluding certified Firefighters and certified Police Officers. General Employee Board means the board of trustees provided hereunder to administer and manage the funds for the benefit of the General Employees. Member means an actively employed General Employee that fulfills the applicable prescribed participation requirements. One hundred and finrent�monthly payments guaranteed means benefits are payable for the life of a retiree with a guarantee of 120 monthly payments. Should a member die 2 March 31, 2005 before 120 monthty payments (10 years) are made, then the remainder of the 120 monthly payments will be paid to a beneficiary. Should a member receive more than 120 monthly payments, then no benefit is payable to a beneficiary. Salarv means base compensation to include regular eamings, vacation pay, sick pay, plus all tax deferred items of income, excluding lump sum payments, overtime, bonuses and longevity bonus. S pouse means the lawful wife or husband of a plan member at the time of pre- retirement, death or retirement. Statement of Investment Policv means the written investment policy adopted by the Boards pursuant to this Ordinance and F.S. 112.661, et seq., which shall apply to funds under the control of the board. S�/stem means the Village of Tequesta General Employees' Pension Trust Fund as contained herein and all amendments tt�ereto. 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. Villaae 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 El�ibilitv All full time General Employees as of the effective date, and all future new full time General Employees shall become Members of this System as a condition of employment. 2. Membership Each full time General Employee shall complete a form prescribed by the Board providing the following information: A. Acceptance of the terms and conditions of the Retirement System, and, 3 March 31, 2005 B. Designation of a beneficiary or beneficiaries, and, C. A certified statement as to prior medical and psychalogical history. 3. Change in Designation of Beneficiarv A member may from time to time change his/her designated benefiaary by written notice to the Board upon forms p�ovided by the Board. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the System shall cease. 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 Board shall consist of five (5) Trustees, finro (2) of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the Tequesta Village Council, and finro (2) of whom shall be full- time General Employee members of the System. The fifth (5' 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 elected by their full-time co-workers. Upon receipt of the fifth (5' person's name the Tequesta Village Council shall, as a ministerial duty, appoint such person to the General Employee Board as its fifth (5 Trustee. The fifth (5` Trustee shall have the same rights as each of the other Trustees appointed or elected as herein provided and shall serve a two (2) 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 two (2) years unless sooner replaced by the Tequesta Village Counal at whose pleasure the Trustee shall serve, and may succeed himself or herself as a Trustee. Each General Employee Trustee shall serve as Trustee for a period of two (2) years, unless he/she sooner leaves the employment of the Village or otherwise 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 General Employee Board shall meet at least quarterly each year. The Board 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 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, 4 March 31, 2005 but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one vote on the Board. 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 the fund 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 at such rates and in such amounts as the Board of Trustees shall approve. 5. The duties and responsibilities of the 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 conceming 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 recommendations regarding and all changes in the provisions of the 5 March 31, 2005 System. I. 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, a copy of which must be provided to the Division of Retirement. K. 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. L. To perform such other duties as are specified in this Ordinanoe. M. To adopt and be guided by Statements of Investment Policy applicable to all funds under the control of the General Employee Board of Trustees as required from time to time by F.S. 112.661, et seq., and/or its successor statutes. 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 General Employees. 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 on the Board's agreement, but only upon written authorization from the Board. 3. All funds and securities of the Fund may be deposited by the Board of Trustees with the Treasurer of the municipality, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent that as he is liable for the safekeeping of funds for the municipality. However, any funds and securities so deposited with the Treasurer of the municipality shall be kept in separate funds by the Treasurer or clearly identified as such funds and securities of the General Employee 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 6 March 31, 2005 and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibitities as set forth herein, the Board may retain the services of a custodian bank or banks, an investment advisor or advisors registered under Investment Advisors Act of 1940, registered broker dealer 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. 4. Accurate records shall be maintained at all times reflecting the market valuations of funds and assets of the Fund, 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 whatsoever attributable to contributions 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. 5. 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. 6. 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 7 March 31, 2005 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. Alt moneys paid into or to be held by the Fund 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 i�surance 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 by the Savings Association tnsurance 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, or registered investment company pursuant to the Investment Advisors Act of 1940, any state 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 three highest classifications 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 three (3) rating dassifications of a major rating service. (5) Real estate. 8 March 31, 2005 (6) 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. (7) Up to 10% of the Plan assets may be invested in foreign securities. C. The Board of Trustees shall not invest more than five percent (5%) of its assets in the common stock or capital stodc 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 they maydeem 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 to his/her or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held to be registened 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 or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalization, consolidations and similartransactions with respect to such securities; to deposit such stock or other securities in any voting trust or a�y 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 9 March 31, 2005 respect to stocks, bonds, or other investments comprising the Fund which it may deem to be the best interest of the Fund to exercise. This power may be delegated to an agent by the Board of Trustees. 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. I. Where any action which a 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 specific information , certification, 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, certification, 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. A 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 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 a Fund shall always remain in the Board of Trustees. M. A 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. N. The Village shall maintain Fiduciary Liability insurance to cover the members of the Board of Trustees. Section 6. Contributions. 10 March 31, 2005 1. Member Contributions A. Amount. 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. Member contributions withheld by the Village on behalf of the Member shall be deposited with the Board of Trustees immediatelyafterthe 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. 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. 3. 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, and may not be used to reduce what would have otherwise been required by Village contributions. Section 7. Benefit Amounts and EligibilitY. 1. Normal Retirement Date A Member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of: a) attainment of age sixty-two (62) regardless of years of credited service, or b) attainment of thirty (30) years of credited service regardless of age. 11 March 31, 2005 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 General Employee, on or after the normal retirement date. 2. Normal Retirement Benefit. A Member retiring hereunder on or after hislher 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. Benefits are payable for the life of a retiree with a guarantee ofi 120 monthly payments. Should a member die before 120 monthly payments (10 years) are made, then the remainder of the 120 monthly payments will be paid to a beneficiary. Should a member receive more than 120 monthly payments, then no benefit is payabte to a beneficiary. The month(y retirement benefit shall equal two percent (2%) of average final compensation, for each year of credited service (2% x average final compensation x years of credited service). 3. Early Retirement Date A Member may retire on his/her early retirement date which shall be the first day of any month coinadent 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. 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. A deferred monthly retirement benefit which shall commence on what would have been his/her normal retirement date had he/she remained a General Employee 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. An immediate monthly retirement benefit which shall commence on 12 March 31, 2005 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 five percent (5%) each year by which the commencement of benefits precedes the Member's normal retirement date. Section 8. Pre-retirement Death. Upon the death of any vested member, whether or not still in active employment, a survivor benefit is payable to the beneficiary starting when the member would have reached retirement age. The benefit is equal to the vested pension benefit. Section 9. Disabilitv. 1. 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 menta{ impairment, to render usefut and efficient service as a General Employee, which disability was directly caused by the perFormance of his/her duty as a General Employee shall upon establishing the same to the satisfaction of the Board, be entitled to the greater of A or B: 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) an amount equal to the number of years of his/her credited service multiplied by 2% of his/her average monthly salary based upon his/her final 5 years of servioe. 13 March 31, 2005 2. Disability Benefits Off-Dut�[ Every General Employee who has six years of credited service, is a participant in the Pension Fund System and who shall have become totally and permanently disabled to the extent that he/she is unable, by reason of a medicalfy determinable physical or mental impairment, to render useful and efficient service as a General Employee which disabitity is not directty caused by the performance of his/her duties as a General Employee shall be entitled to the greater of A or B: A. a monthly pension equal to 25% of his/her average monthly compensation based upon his/her fina{ 5 years of service, or B. An amount equal to the number of years of his/her credited service multiplied by 2% of his/her average monthly salary based upon his/her final 5 years of service. 3. Conditions Disqualifying Disability Benefits Each General Emptoyee who is claiming disabi(ity 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. Injury or disease sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his/her employment shall have terminated as a General Employee with the Village of Tequesta. F. Willful, wanton or gross negligence of the Member. G. Injury or disease sustained by General Employee while working for anyone other than the Village of Tequesta and arising out of such employment. H. 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. 14 March 31, 2005 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 andlor surgeons, who shall be selected by the Board for that purpose. Any person reoeiving disabilitybenefit under provisions of this Orclinance 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 General Employee the Board shall recommend to the Village that the retiree be returned to their previous performance of duty as a General Employee, and the retiree so returned shall enjoy the same rights that Member had at the time he/she was plaoed upon pension. In the event the retiree is so ordered to retum shall refuse to comply with the order within thirty (30) days from the issuance thereof, Member shall forfeit the right to his/her pension. The cost of the physical examination and/or re-examination of the employee or retiree claiming and/or receiving disability benefits shall be bome by the Board of this Pension Fund System. 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 paymentand 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 Boarci shall have the power and authority to make the �nal 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 15 March 31, 2005 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 hislher death orthe 120` monthly payment, whichever is later. Section 10. Vestinq. 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 credited service and has not attained the age of sixty-two (62) upon termination, the Member shall be entitled to a refund of accumulated contribution or the Member may leave it deposited with the Fund, in accordance with the definition of credited service. 2. If the Member has six (6) or more years of credited servioe upon termination, or altematively, the Member has attained the age of sixty-two (62), regardless of credited years of service, 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/her commencing at the Member's otherwise normal or early retirement date, provided he/she does not elect to withdraw his/her accumulated contributions and provided the Member survives to his/her normal or early retirement date. 3. Any plan member of the System whose position is terminated, for whatever reason, but who is employed by the Village in some capacity, shall have all retirement benefits accrued up to the date of such termination under this System preserved, provided he does not elect to withdraw his/her accumulated contributions from this System. Such Accrued retirement benefits shall be payable at his/her otherwise normal retirement date hereunder, or later, in accordance with the provisions of this System. Section 11. Optional Forms of Bene�ts. 1. In lieu of the amount and form of retirement income payable in the event of normal or earfy retirement as specified herein, a plan member, upon written request to the Board of Trustees and submission of evidence of good health (except that such evidence will not be required if such request is made at least three (3) years prior to the date of commencement of retirement income or if such request is made within six (6) months following the effective date of the Plan, if later), and subject to the approval of the Board of Trustees, may elect to receive a retirement income or benefit of equivalent actuarial 16 March 31, 2005 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 Member and 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. 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, payab{e 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 wiil 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 benefiaary and the Member's retirement inoome benefits have commenced, the Member may thereafter change his/her designated joint pensioner or beneficiary, but only if 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 Retiree 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 Retiree. 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. 17 March 31, 2005 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 underthe 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 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 by the Memberpriorto his/her retirement and 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 Membercontinues beyond his/hernormal 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 beneficiaries) 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 12. Beneficiaries. 1. Each Member may, on a form provided for that purpose, signed and filed with 18 March 31, 2005 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-benefciary 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 under the Plan with respect to such deceased Member shall 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. Section 13. Claims Procedures Before the Board Decision. 1. 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 entit{e him to a pension, or C. Refused benefits under this Plan, and is dissatisfied with the amount of pension the Member is receiving, or betieves 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 and 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: 19 March 3'I, 2005 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 additionaf 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 originaliy recommended, and any otherdocuments material to the case; (2) After such review, the Member andlor 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 orcJer 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 shali oonsider 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 shail include the reasons for such decision and, such decision shall be final. (a) The Chairman shall preside over the hearing and shafl rule on all evidentiary and other legal questions that arise during the hearing. (b) Either party, the daimant 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 fumish copies of all pleadings to the opposing parties and exchange lists 20 March 31, 2005 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 daimanYs attomey, upon reoognition 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 borne by the party requesting the court reporter or requesting the transcription of the proceedings. 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 14. Roster of Retirees. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this Ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all General Employees employed by the Municipality who are Members of the plan in such a manner as to show the name, address, date of employment and date such employment is terminated. 21 March 31, 2005 Section 15. Board Attorney and Professionals. The Boa�d may employ independent legal counsel at the Pension Fund's expense forthe purposes confiained herein, togetherwith such other professional, technical, or other advisors as the Board deems necessary. Section 16. Maximum Pension. 1. 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 limitations set forth 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 exoeed 100 percent of his/her average final compensation. However, nothing contained in 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 17. 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 inoome 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 60 day after the dose of the Plan Year in which the latest following events occur: A. The attainment by the Member of age 65; B. The 10 anniversary of the date on which the Member commenced participation in the Plan; or 22 March 31, 2005 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 requi�ed under subsection 1 of the Section because the Trustees either cannot ascertain fihe 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 18. Distribution of Benefits. Nofinrithstanding 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: 1. If the retirement income is payable before the Member's death, A. it shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age 70'h, or the calsndar year in which the Member retires, B. the distribution shall commence to them not later than the calendar year defined above; and shall be paid over the life of the Member or over the lifetimes of the Member and spouse, issue or dependent, or, 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 po�tion of such interest in the Plan shall be distributed no less rapidly than underthe 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 hislher 23 March 31, 2005 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 or dependent 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 19. Miscellaneous Provision. 1. Interest of Members in Pension Fund. At no time prior to the safisfaction 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 elusive benefit. 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 app(ies 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 eligibte 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 equat periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or distributee's designated 24 March 31, 2005 beneficiary, or for a specified 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 section 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 rolloverdistribution. However, in the case of an 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 former 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. (4) "Direct rollover" is a payment by the Plan to the eligible retirement plan specified by the distributee. Section 20. 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 thereby, except to the extent that the assets fo the Fund may be determined to be inadequate. 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 enti�ed 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 25 March 31, 2005 shall be fuli vesting (100%) of benefits accrued to date of repeai and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitied in acoordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this Ordinance, or if contributions to the System are discontinued with the date of such discontinuation being determined by the Board. A. Apportionment shatt first be made in respect of each retired General Employee receiving a retirement or disability benefit heneunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) General Employee who has, by such date, become eligible for normal netirement but has not yet retired, an amount which is the actuarial equivalent of such benefit, based upon the actuarial assumptions in use for purposes of the most recent actuarial valuation, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each full time General Employee in service of the Village of Tequesta on such date who has completed at least six (6) years of credited service and who is not entitled to an apportionment under paragraph A, in the amount required to provide the actuarial equivalent, as described in A above, of the accxued normal retirement benefit based on the credited service and average monthly eamings as of such date, and each vested former Member then entitled to a deferred benefit who has not by such date, begun receiving benefit payments, in the amount required to provide said actuarial equivalent of the accrued normal retirement benefit; provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value after the apportionment under paragraph A and B, apportionment shall be made in respect of each full time General Employee in service of the Village of Tequesta on such date who is not entitled to an apportionment under paragraphs A and B in the amount equal to Member's Accumulated Contributions, provided 26 March 31, 2005 that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder such latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. D. If there be any asset value remaining after the apportionment's under paragraphs A, B and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent of the actuarial equivalent, as described in paragraph A above, of the accrued normal retirement benefit, less the amount apportioned in paragraph C, based on credited service and average monthly earnings as of such date provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportionment's specified in paragraphs A, B, C, and D, such excess sha11 be returned to the Village. 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 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. 4. 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 21. Exemption from Execution, Non-assignabilitv. 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. 27 March 31, 2005 Section 22. Pension Validitv. 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 her,etofore 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 who has heretofore under any prior or existing law been or who shall hereafter under this Ordinance be erroneously, improperly or illegally classified. Section 23. Forfeiture of Pension. Any Plan 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 retum of this accumulated contributions as of the date of termination. 1. Specified offenses are as follows: A. The committing, aiding or abetting 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. 2. 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. 28 March 31, 2005 A. Conviction shali be defined as follows: An adjudication of guilt by a court of competent jurisdiction; a plea of guilty or nolo 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 follows: Any state or federal court of competent jurisdiction which is exercising jurisdiction to considera proceeding involving the alleged commission of a specified offense. Prior forfeiture, the Board of Trustees shall hold a hearing on which notice shalf 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 shall apply, but the Member shall be afforded a full opportunity to present his/her case against forfeiture. Any Member who 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 a{I tegal action necessary to recover such funds. Section 24 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 Village of Tequesta shall be added to his/her years of credited service provided that: 1. The General Employee contributes to the Fund the sum that he/she would have contributed had he/she been a member of the Pfan 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 professionat 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 finrelve (12) months from the effective date of this Ordinance or six (6) months from the date of his/her employment with the Village of Tequesta, whichever is later. 3. Payment by the Member of the required amount shall be made within six (6) 29 March 31, 2005 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. 4. The maximum credit under this section shall be five (5) years. BSJ/ka March 31, 2005 H:\Tequesta GE 1012\Plan Docs & Rules�2005 Restate disability.wpd 30 April 14, 2005 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 former Village Police Officers and Firefighters and survivor benefits to beneficiaries. Section 2. Definitions. 1. Statement of Definitions. As used herein, unless otherwise defined or required by the context, the foflowing words and phrases shall have the meaning indicated: Accumulated Contributions means a Member's own contributions without interest. Actuarial Equiva�nt means a benefit or amount of equal value, based upon the mortality #ables utilized by the Board's a�tuary 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) }�ears of credited service prior to retirement, termination, or death or the career average as a futf time Firefighter or Pofice Officer, whichever is greater. A year shall be twefve (12) consecutive months. Beneficiarv 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 if 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 Tn.istees mean the Public Safety Board of Trustees, whlch shall administer and manage the System herein provided and serve as Tnastees of the Fund for the benefit of Village Police Officers and Firefighters and their beneficiaries. Chapters means Chapters 175 and 185 of the Florida Sfiatutes as amended from time to time. Code means the Internal Revenue Code of 1986, as amended from time to time. Page 1 of 35 April 14, 2005 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 �me 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 fult time capaeity within five (5) years, his/her contributions shall be returned to him/her without interest. Should a Potice Officer or Firefighter be subsequently re-employed as such, he or she may re-purchase his or her years of credit or fractiona! 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 Offtcer serves in the military service of the Armed Forces of the United States or #he United States Merchant Marine, voluntarily, upon being gran#ed Isave by the Village of Tequesta a�d separation from employment as a Vitlage of Tequesta pfan member, shall be added to his/her years of credited service for alt purposes including vesting, provided that: A. The Firefighter or Police Officer must retum #o his/her full time emptoyment wi#h the Fire Department or Police Department within one (1) year from the date of his/her military discharge. B. The maximum credit for military service shall be five (5} years. Effective Dafie means the date on whicM this Ordinance becomes effe�tive. 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 af emptoyment 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 . Fund means the Trust Fund established herein as pa�t of the System. Member means an actively emptoyed Police Officer or Firefighfier that fuffills the applicabte prescribed membership requirements. Police Department means the Tequesta Police Department. Police Officer means any person who is elected, appointed, or employed full time Page 2 of 35 April 14, 2005 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 personnet whose duties inctude, in whole or in part, the supervision, training, guidance, and management responsibilities af fulf-time law enforcement officers, part-time law enforcement officers or au�aliary 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 nesponsible for performing both police and fire services. Public Safety Board means the Pubtic Safety Board of Trustees provided hereunder to administer and manage Funds for the benefit of Public Safety Offic�rs. 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. Spouse means the lawful wife or husband of a plan member at the time of pre- retirement, death or retirement. Statement of Investment Policv 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. Svstem means the Viilage 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. Villaqe means the Village of Tequesta, Florida. 2. Masculine Gender. The masculine gender, wherae used herein, unfess the context specificaUy requires otherwise, shatl include both the feminine and masculine genders. Section 3. Membershia. 1. Condition of Eligibilitv Page 3 of 35 April 14, 2005 Ali full time Police Officers and Firefighters as of the effective date, and ali future new futl time Pofice Officers and Firefighters shali 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 oomplete a form prescribed by the Board which may include the fotlowing 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 Beneficiarv A member may ftom 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. 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 shaN consist of five (5) Trustees, two (2) of whom, unless otherwise prohibited by law, shatl be legal residents of the Village, who shaN be appointed by the Tequesta Village Counal, and one (1) of whom shall be a full-time Potice Officer member of the Syst�m and one (1) of whom shall be a full-time Firefighter member of the System. The fifth (5�') Trustee shall be selected by a majority vote of the other four (4) Trustees. Each perso� seeking to fi!I a designated employee representative Board member seat sha4t be separately elected by theic futC-time co-workers who are members of the System in the applicable employee representative group, e.g. Potice Officer or Firefighter in which they are emptoyed 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 �5"') person's name the Tequesta Village Counal shalf, as a ministerial duty, appoint such person to the Public Safe#y Board as its fifth (5` Trustee. Page 4 of 35 April 14, 2005 The fifth (5` Trustee shall have the same rights as each of the other Trustees appointed or elected as herein provided and shall serve a two (2) year term unless the office is sooner vacated and may succeed himself or herself in office. Each resident Trustee shall seroe as Trustee for a period of two (2) 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 two (2) years, unless he/she sooner leaves the employment of the employee representative group he/she was elected to represent or otherwise vaeates his/her o�ce as Trustee, whereupon a successor shalf 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 legai entity with, in additian to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, na#ure, 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 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 Trus#ee 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 shat! have the right to abstain from voting as the result of a conflict of interest provicled that Trustee states in writing the nature af the confl�t complies with the provisions of Section 112.3143, Florida Statutes. 4. The Board of Trustees shall engage such actuarial, acxounting, 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 requiremenfis 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 of the Board of Trustees sha{I include, but not necessarily be lirnited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine aU questions relating to eligibility a�d participation. C. To determine and certify the amount of all retirement allowanees or Page 5 of 35 April 14, 2005 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 conceming 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 ac�uarial 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 recommendations regarding and all changes in the provisions of the System. 1. 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, a copy 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 q_eneraly do a(t acts which the Trustees may deem necessarv or desirable for the Qrotection of the Trust Fund. N. To adopt and be guided by Statements of Investment Poticy applicable to all funds under the control the Public Safety BQard of Trustees as requir�ed from time to time by F.S. 112.661, et seq., and/or its successor statutes. Page 6 of 35 April 14, 2005 O. To sue or be sued. P To settle compromise or submit to arbitration �at the sole discretion of the Trustees) any daims debts or damages due or owina 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 thereofj 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 the Board. Such written authorization shall require the signature of two of the Trustees. 3. All funds and securifiies of the Fund may be deposited by the Board of Trustees with the Treasurer of the Village, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent that as he is liable fQr 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 quatified public depository or depositories as defined in Section 280.02, Florida Statutes, which depository or depositories with regard to such funds and securities shatl conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. 4_In order to fulfill its investment responsibilities as set forth 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 investmen# decisions and management. Such investment manager or managers shall have discretion, subject to any guidelines as prescribed by the Board, in #he investment of all fund assets. 5�. All funds and securities of the System shall be accounted for separately based upon the two (2) applicable emp{oyee classes within the Fund namely, the Police Officers and Firefighters in the Public Safety Officers Trust Fund. Accurate records shall be Page 7 of 35 April 14, 2005 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, induding 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 whatsoever attributable to contributions and depositsfrom the Vitlage, 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. G. Such other entries as required by the Chapters. 65. An independent audi# shall be performed annuatly 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 sha{I r�eflect complete evaluations of assets on both a cost and market basis, as well as other items normally included in a certifred audit. 7S. The Board of Trustees shall have the foilowing investrnent powers and authority: A. The Board of Trustees sha41 be vested with full legal title to the Fund, subject, however, and in any event to the authority and power of tMe 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 hetd shall be invested and reinvested by Page 8 of 35 April 14, 2005 the Board and the investment of all or any part of such funds shal! 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 #he Fund shall be entitted 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 by the Savings Association Insurance Fund which is adminisfiered by the Federal Deposit Insurance Corporatian 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 govemment 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 or organized territory of the United States, or the Distric� of Columbia, provided that the corporation is traded Qn a nationally recognized Exchange and in the case of bonds only hoids a rating in one of the four highest classifications 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 €und shall hold a rating within the top four (4) rating classificafiions of a majoc rating service. (5) Real estate. (6) Up to 10% 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 estabtished 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, nQr shall the aggregate investment in any one issuing Page 9 of 35 April 14, 2005 company exceed five percent (5%) of the outstanding capital stodc of that company; nor shall the aggregate of its investments in common stock, capital stodc 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 reinvesiment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his/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 in#o their name as Trustee or into the name of such nominee as they may direct, or fihey 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 tn�st and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitaiization, 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 stoeks, bonds, or other investments comprising the Fund which it may deem to be the best interest af 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 appraisat or report to any oourt, nor secure any order af court for the exercise of any power contained herein. 1. Where any action which the Board is required to take on any duty or function which it is required fio perform either under the terms herein or under #he general law applicable to it as Trustee under this Page 10 of 35 April 14, 2005 Ordinance, can reasonably be taken or performed only after receipt by it from a Member, the Village, the Department or any other entity, of specific information, certification, 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, certification, direction or instruction has been received by it. J. Any overpayments or underpayments from a Fund to a Member or beneficiary caused by errors o# 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 a{I times maintains continuous supervision over the ac#s 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 shatl be no investment in a limited partnership or trust. N. The Village shall maintain Fiduciary Liability insurance to cover the members of #he Board of Tn.�stees. O. With respect to any investment, the Trustees may consent or object to a� action or non-action of any corporation or of the directors, officers or stodcholders of any corporation. Se�tion 6. Contributions. 1. Member Contributions A. Amount. Effective the first full payroll period after the effective date of this Ordinance. Police Officer Members of the Reti�ement System shall be required to make regular contributions to the Fund in the amoun# of five percent (5%) of his/her salary. Effective the first full pavroll period after the effective date o# this Ordinance, Firefighter Members of the Retirement System shall be required to make regular Page 11 of 35 April 14, 2005 contribution to the Fund in the amount of six and one tenth qercent (6.1 %�of his/her salary. Member contributions withheld by the Village on behalf of the Member shall be deposited with the Board of Trustees immediately after the 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 oonsidered 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 narmal cost and the amount required to fund any aetuarial deficiency shown by an actuarial valuation as provided in Part VII of Chapter 112, Florida Statutes. 4. O#her 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. Section 7. Benefit Amounts and Eligibilitv. 1. Normal Retirement Date A Member's normal retirement date shall b� the first day of the month coincident with, a the next following the earlier of: Page 12 of 35 April 14, 2005 A. attainment of age fifty-five (55) and the compietion 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 netirement 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°lo 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�:5% 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. 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 foltows: A. A deferred month ly retirement benefit which shall commence on what would have been his/her normai retiremen# date had he/she remained a Police Officer or Firefighter and shall be continued on the first day Page 13 of 35 April 14, 2005 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. An immediate monthly retirement benefit which shalf 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 helshe retired on hislher 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 oompensation 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 reti�ement from the Village of Tequesta his/her beneficiary shall receive a benefit as follows: A. Line-of-Duty-Death-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 retinement benefit. C. In lieu of the benefits provided in A or B above, the benefiaary of a police o�cer 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. Section 9. Disabilitv. 1. Disability Benefits On-Dutv 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 Page 14 of 35 Aprii 14, 2005 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 grea#er 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 {ine 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, whieh examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benef+ts 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, meningococcat meningitis, or tuberculosis the member must meet the r+equirements of Section 112.181, Ftorida Statutes. 2. Disability Benefits Off-Dutv 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 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 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 hisfher average monthly compensation as of his/her disability retirement date, or B. The accrued Normal Retirement Benefit. 3. Conditions Disqualifying Disability Benefits Page 15 of 35 April 14, 2005 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. Injury or disease sustained while serving in any branch of the Armed Forces. E. tnjury or disease sustained after his/her employment shalf 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 di�ease 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 physiaans 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 quatified 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 helshe is unable to render useful and effiaent service as a Police Officer or a Firefighter, the Board shall reeommend 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 shafl enjoy the same rights that Member had at the time he/she was pfaoed upon pension. In the event the retiree is so ordered to return shall refuse to comply with the orde� within thirty (30) days from the issuance thereof, Member shall forfeit the right to his/her pension. Page 16 of 35 April 14, 2005 The cost of the physical examination and/or re-examination of the employee or retiree claiming and/or receiving disability benefits shall be bome 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 servioe 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 servioe 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 alf 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 enfiitlement. However, the monthly netirement 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 pian member dies without recovering from the disability prior to his/her normal retirement date while still disabled, the payment due next preceding his/herdeath orthe 120` monthly payment, wMichever is later. Section 70. Monthly Supplemental Benefits. 1. Effective uqon passage of this Ordinance, eetsbet�; �88-3, any retiree or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit of $20 �-per year of seroice, up to a mawmum benefit of 600.00$�-5�:8@. 2. This benefit shall be payable monthly as a pa�t of the regular monthly pension benefit. The benefit shall be payable to the retiree and any Page 17 of 35 April 14, 2005 beneficiary. The benefit shall cease upon the death of the member or beneficiary, if applicable. Section 11. Vestina. 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 shal{ 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 hisJher accumutated 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 normat or early retirement date, provided he does not elect to withdraw his/her accumulated contributions and provided the Member survives to hislher normal or eariy retirement date. Section 12. Optional Forms of Bene�ts. 1. In lieu of the amount and form of retirement income payabte 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 reoeive a reti�ement income or benefit of equivatent actuariat 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 {ifetime of the Member and a dependent joint pensionerdesignated bythe Member and fotlowing the death of either of them, 100%, 76%, 66-2l3%, or 50°!0 of such monthly amounts payable to the survivor for the lifetime of the survivor. 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 #he benefit, if any, payable under the Page 18 of 35 April 14, 2005 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 etection 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 if 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 shail not be required. 4. The Board of Trus#ees 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 pensione� 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 an 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 fihe 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 sMall be made under the option elected in accordance witfi the provisions of this section and shall be subject to the following iimitations: A. If a Member dies prior to his/her normal retirement date or early retirement date, whichever occurs, no retirement benefit wili 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 underthe Plan, the option elected witl be canceled aufiomatically and a retirement income of the norma{ form and amount will be payable to the Member upon his/her netirement as 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 by the Member prior to his/her retirement and within ninety (90) days after the death of the beneficiary. Page 19 of 35 April 14, 2005 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 retirementdate pursuant to the provisions of Section 7, subsection 1, and dies prior to his/her actual retirement and while an option made pursuantto 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 (orbeneficiaries) designated bythe 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. Bene�ciaries. 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 benefiaary in the manner prescribed in subsection 1, or if the benefiaary (or beneficiaries) named by a deceased Member predeceases the Member, the death benefit, if arry, which may be payable under the 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. Section 14 Deferred Retirement Option Plan. 1. Eligibility to Participate in the Drop Page 20 of 35 April 14, 2005 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 finrenty-seven (27) years of combined credited service. However, participafion 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 participation 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 infio 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 VI I of Chapter 112, Florida Statutes. However, if a police officer does not terminate employment at the end of participation in the DR4P, interest credits Page 21 of 35 April 14, 2005 shall cease on the current balance and on ali 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 setl 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'f2. (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. �ection 15 Claims Procedures Before the Board Decision. 1. If any Member of the System has been: A. Placed on pension under the terms and provisions af this ordinance for disability, or Page 22 of 35 April 14, 2005 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 and 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 speafic reasons for the denial, including speafic references to pertinent provisions of the refiirement system on which such denial is based; B. A description of any additional materia{ � 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 originalfy recommended, and any other documents material to the case; (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 #he order of the Board. Page 23 of 35 April 14, 2005 Upon receipt of the written submission by the Member, the Board shall schedule an opportunity for a fu{I 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 Boa�d, 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 introduoed, at least foriy-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 attomey for the Board, the claimant and the daimant's attomey, 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 borne by the party requesting the court reporter or requesting the transcription of the proceedings. (c) In all cases, unless otherwise provided in this section, the burden of proof shall be on the claimant who seeks Page 24 of 35 April 14, 2005 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 15 the Chairman of the Board shall file two (2) separate reports with the Division of Retirement cor►taining the following relative to the Police OfFcers 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 1 x5 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 certified public accountant if required by the Division of Retirement) showing a detaiied 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 sha{t be reconciled with the assets at the beginning and end of the year. 3. A statistical exhibi# 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 Finefighters on the force of the Village, the number included in the Pension Plan, the number of Firefighters ineligibfe, ctassified according to the reasons for their being ineligible, and tfie 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 oontribute to the Public Safety Pension Fund for the current plan year. Page 25 of 35 April 14, 2005 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 shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall 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 for the purposes contained herein, togetherwith such other professionat, technical, or other advisors as the Board deems necessary. Section 19. Maximum Pension. 1. 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 retirrement 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, shal! not exceed 100 percent of his/her average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to Page 26 of 35 April 14, 2005 pension increases attributable to cost-of-living increases or adjustments. B. No member of the Pian 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 w+th respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension frvm 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 Bene�ts. 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 60 day after the dose of the Plan Year in which the latest following events occur: A. The attainment by the Member of age 65; B. The 10` anniversary of the date on which the Member commenced participation in the Plan; or C. The termination of the Member's service with the Vitlage 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 Trusfiees 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 o# 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 subsec#ion 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: 1. If the retirement income is payable before the Member's death, the Page 27 of 35 April 14, 2005 distribution shali commence to them not later than the calendar year defined above; and A. shaii 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 #he 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'/2 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 b�neficiaries, 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. 2. No amendment or ordinance sha11 be adopted by the Viffage Councif of the Village of Tequesta which shall have the effect of reducing the then vested accrued Page 28 of 35 April 14, 2005 benefits to Members or Members beneficiaries. 3. Rollover Distributions A. This subsection applies to distributions made on or after January 1, 1993. Nofinrithstanding 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 annualty) made for the life (or life expectancy) of the distributee or distributee's designated beneficiary, or for a specified 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 aocount described in secfiion 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 former 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 relafiions order determined to be qualified by this Fund are distributees with regard to the interest of the spouse or former spouse. Page 29 of 35 April 14, 2005 (4) "Direct rollover" is a payment by the Plan to the eligibie retirement plan specified by the distributee. 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 thereby, except to the extent that the assets of the Fund may be determined to be inadequate. 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 Ordinanoe, for the sole benefit of the then Members, any beneficiaries then receiving retirement allowances, and any future persons entitied 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 and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this Ordinance, or if contributions to the System are discontinued with the date of such disoontinuation being determined by the Board. A. Apportionment shall first be made in respect of each retired Poiice Officer or Firefighter receiving a retirement or disability benefit hereunderon such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Police Officer or Firefighter who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the actuarial equivalent of such benefit, based upon the actuarial assumptions in use for purposes of the most recent actuarial valuation, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregafie of such reduced amounts will be equal to such asset value. B. lf there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each full time Police Officer or Firefighter in service of the Police Department Page 30 of 35 April 14, 2005 or Fire Department on such date who has compieted at least six (6) years of credited service and who is not entitled to an apportionment under paragraph A, in the amount required to provide the actuarial equivalent, as described in A above, of the accrued normal retirement benefit based on the credited service and average monthly eamings as of such date, and each vested former Member then entitled to a deferred benefit who has not by such date, begun receiving benefit payments, in the amount required to provide said actuarial equivalent of the accrued normal retirement benefit; provided that, if such remaining asset value be less than the aggr�egate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value after the apportionment under paragraph A and B, apportionment shall be made in respect of each full time Police Officer or Firefighter in service of the Police Department or Fire Department on such date who is not enti�ed to an apportionment unde� paragraphs A and B in the amount equal ta Member's Accumulated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder such latter amount shall be propo�tionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. D. If there be any asset value remaining after the apportionment's under paragraphs A, B and C, apportionment shall las�y be made in respect of each Member included in paragraph C above to the extent of the actuarial equivalent, as described in paragraph A above, of the accrued normal retirement benefit, less the amount apportioned in paragraph C, based on credited service and average monthly eamings as of such date provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportionment's specified in paragraphs A, B, C, and D, such excess shall be retumed to the Village, less retum of the State's contributions to the State, if any, provided that, if the excess is less than the total contributions made by the Village and the State to the date of termination, such excess shall be divided proportionately to the total of contributions made by the Village and the State. Page 31 of 35 April 14, 2005 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 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. 4. 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 Euemption from Execution. Non-assignabilitv. 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 regulafiions adopted by the Board of Trustees. Section 25. Pension Validitv. 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 ewsting 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 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 Membsr 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: Page 32 of 35 April 14, 2005 A. The committing, aiding or abetting 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. 2. 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 ot his/her public office or employment position. A. Conviction shall be defined as follows: An adjudication of guilt by a court of competent jurisdiction; a plea of guilty or nolo 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 follows: Any state or federal court of competent jurisdiction which is exercising jurisdiction to considera 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 shall 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 neeessary to recover such funds. Page 33 of 35 April 14, 2005 3. False, misleading, or fraudulent statements made to obtain public retirement benefits is prohibited; penalty A. It is unlawFul for a person to wiltfully 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 al{ benefits to which the person 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 servioe 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 shall be added to his/her years 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 aN 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 emptoyment with the Police Department or Fire Department, whichever is later. Page 34 of 35 April 14, 2005 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 shatl be given. Credited service purchased pursuant to this section shall be counted for all purposes except toward vesting of benefits. 4. The maximum credit under this section shall be five (5) years. BSJ/ka March 11, 2005 H:\Tequesta PS 1011\Plan Docs & Rules\Restatement 2005.wpd Page 35 of 35