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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 11_09/29/1994 � � - � JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATfOFlNEYS ANO GOUNSELORS FLA(3LER CENTER TOWER � � � � • � �� � 605 SOUTH FLA(3LER DRIVE ELEYEN?N FIOOR r « . ,2 URFY 6. ALEXANOEA JOMN !WR MeCMCKEtI P. O. BOX 347b � YI�GE � RV F. UUEMTHAL STEPHEN J. AUCAMV 8C0?T l. MoMULIEN N/EST PALM BEACH. FIOHJDA 33102-347 �-- . TE��gSjA tqt•19Q3 rancer e��owrn ,io►+N c. wwoo�n+ S� do�wsra+ JOYCE A. Cq�WAY JOfIN C. RAU ��n �`��� iMF�ttp M�acu�t � Coov[R /wOaEW HoM FAX: (i0T)832-146{ . . � � � � A ��'�' .� AUG 2 5199� �..,:» CNfu9TOVMER 8. dJItE 0. CUIVER SMtTH 6 ' sr THORMTWI NENRY ALLEN R TOMUNBOIi � VILM�"'�� � C. WOIf[ PETEN S. IIOL1Yk1 JOMN 3. TRIMPER MpNAGER S ' �T�p ' MAM( 9. KtE1NfFiD wp+�� v. wuen WRITER'8 OIRECT LINE: QFF�CE � fO�� � M�C+1AEl T. KAAML M. ADAIAB WEA1fER � � � a �wrea. � t MAN1iN tLANA0N1 . � . . �7 7 � August 23, 1994 Mr. Thomas G. Bradford village Manager � Villaqe of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta -�-- --- - --- Firefighters' Pension Trust Fund Our File No. 13153.1 Dear Tom: Pursuant to your request, I have looked into the matter of amendinq Tequesta's Firefighters' Pension Trust Fund so as to eliminate the provision that line-of-duty benefits terminate upon remarriaqe. I am enclosing a copy of the amended ordinance for your information. ,., ,. , . < . Before you disburse this, I would request that we wait to hear back from Joyce Case. I contacted Joyce Case about this and she was not : aware of this matter and was goinq to discuss.it w�th the attorneys for the Trust. ' She indicated he would check on` this `and` get back` with me. I�ill keep you advised. Sincerely, JONES, STER, JOHNS`I'ON & STUBBS, P.A. � � . . . ♦ ,�.:. _ - ii. ,� .� � f�- 5 � f � .J,_ 5 2 �;-, _ t r " hn C. Randolph � . _ ._.. . ". . . . ,. .. -;c Ai� }3 . :.- .. . . _ . . : . .. JCR/ssm_ _ , Enclosures . _ : . - _ . _ , . . : . _, _. _ .: -- - ' , - -- _ _ __ ' _ � . . . . '_ _ . " ' _'1 .� . . � 3 TF" : ' . . .. . . .� x�Y�..�,���'� �'s�9 • - 3"� � ' v � ��- , . : : ., r, .. , � ` '� .. _ ..-_ . <. . - �- . -' . .�.-�_. . ` , ,3� _ t ': - _' � ORDINANCB NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE LOCAL LAW RETIREMENT PLAN AND TRUST FOR THE FIREFIGHTERS OF THE VILLAGE OF TEQUESTA, BY AMENDING A PROVISION OF THE FIREFIGHTERS' PENSION TRUST FUND, EXHIBIT "A" TO ORDINANCE NUMBER 460, AT SECTION 7 RELATING TO PRE-RETIREMENT DEATH, SO AS TO SPECIFICALLY PROVIDE THAT IN-LINE-OF- DUTY DEATH BENEFITS SHALL NOT TERMINATE UPON RE;MARRIAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: Section 1. Ordinance Number 460 of the Village of Tequesta is hereby amended by amending Exhibit "A" thereto, the Village of Tequesta Municipal Firefighters' Pension Trust Fund, at Section 7, Paragraph 1 A so as to provide as follows: "Section 7. Pre-Retirement Death 1. Death Before Retirement. If a Firefighter dies prior to retirement from the Fire Department, his beneficiary shall receive the following benefit: A. Line-of-Duty-Benefits is a pension to the spouse (or children) of 50$ of Average Compensation for ���;:�:�`� ���� . B. Non-Line-of-Duty-Death the spouse of a member with 10 years of credited service will receive the actuarial equivalent of the accrued early or normal retirement benefit.„ Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not aPfect the other provisions or applications of this Ordinance which can be qiven effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 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 2 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk - JCR\131530RD\FIREPENS.AMD 3 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE LOCAL LAW RETIREMENT PLAN AND TRUST FOR THE FIREFIGHTERS OF THE VILLAGE OF TEQUESTA, BY AMENDING A PROVISION OF THE FIREFIGHTERS' PENSION TRUST FUND, EXHIBIT "A" TO ORDINANCE NUMBER 460, AT SECTION 7 RELATING TO PRE-RETIREMENT DEATH, SO AS TO SPECIFICALLY PROVIDE THAT IN-LINE-OF- DUTY DEATH BENEFITS SHALL NOT TERMINATE UPON REMARRIAGE; PROVIDING F�R SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDZNG FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: Section 1. Ordinance Number 460 of the Village of Tequesta is hereby amended by amending Exhibit "A" thereto, the Village of Tequesta Municipal Firefighters' Pension Trust F'und, at Section 7, Paragraph 1 A so as to provide as follows: "Section 7. Pre-Retirement Death 1. Death Before Retirement. If a Firefighter dies prior to retirement from the Fire Department, his beneficiary shall receive the following benefit: A. Line-of-Duty-Benefits is a pension to the spouse (or children) of 50$ of Average Compensation for life. B. Non-Line-of-Duty-Death the spouse of a member with 10 years of credited service will receive the actuarial equivalent of the accrued early or normal retirement benefit." � �ection 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applicatfons of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Villaqe of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 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 2 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\131530RD\FiREPENS.AMD 3