HomeMy WebLinkAboutDocumentation_Regular_Tab 09C_11/13/2003 INTEROFFICE MEMORANDUM
DATE: 12/28/01
TO: MAYOR AND CCJUNCII,, VIIZ.AGE MANAGER
� FROM: BETTY' LAUR, ADMINISTRATION ��
RE: REVISED COVF.R 1VIEMORANDUM FOR AGENDA ITElb1 IX. C FOR
COUNCIL MEETIl�iG 11/13/03
The previouslp sent backup memo dated 11/10/03 stated that the Ordinance and backup
coe�exing "ne�' pension dacuments for Pubfic Safety Officers and General Emplopees of
the Y�liage of Tequesta was for ag�enda. items ]X. C and D, and should ha.�e stated. that the
Ordinance and ba.ckup covered agenda item IX. C.
CC : Attornep Bonni S Jensen
Fire Chief Weinand
Community Development Director Jeff Newell
Dan Gallagher
.. . _- _ -- �.�.. ..�� ��_....�� ..�s ��.,-�.�
INTERUFFICE MEMORANDUM
TO: MAYOR AND COUNCII VII,LAGE MANAGER
FROM: Mt1RYMILES, VII,LAGE CLERK r�'
SUBJECT: AGENDA ITEAR II� G(AND D) FOR COUNCII. MF.ETTNG 11/13/03
• DA'TE: 11J10J�3
CC: ATIY. BONN! S. )ENSEN, CfiIEF WEINAND, COMA�itT1�T1TY DEVELOPMEIVT DIKECTOR
NEWELI., DAN GALLAGI3ER
Attached is an agenda, it�n regardixig the "nevd' pension documents for Public Safety Offsce=s
and General Emplopees of tiie V�Tlage of Tequesta. T�us Clydinance az�d backup will cover agenda
items IX C. and D.—one Ordinance for both d�ts. The "sfirikeout" versions of the
docuinents are bei�g provided so yau may note the changes, and a clean copp w11 be piovided on
tb.e second xeading and as the final dc�cument
This Ordinance is being brought ta you far first readii�.
ATTACHMENTS:
ORDINANCE NO. 585
EXHIBIT "A" STRIKEOUT COPY/LETTER FROM JEFF NEWELI
CHAIl2 FOR GENERAL ERRPP?AYEFS', LE7TER FROM BONATI S.
JENSEN, VILLAGE OF TEQUESTA'S PENSION ATTORNEY
EX�IIBIT `B" STRIKEOUT COPY/LET'TER FR.4M fIM WEINAND,
CHAIIt FOR PUBLIC SAFETY OFFICERS', LETTFIt FROM BONI�TI
S. JENSEN, VILLAGE OF TEQUESTA'S PENSION ATTORNEY
ACTUARIAL IlvIPACT STATEME.�TTS
Please let me know if you tequire further infomna,fiion.
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ORDINANCE NO. � � �
AN CIRDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDIMG EXHIBIT "A" OF SECTIC�N 2-30
AND ADDiNG A NEW EXHIBIT "B" OF THE Ct?DE OF
ORDINANCES, VILLAGE OF TEQUESTA, FLORIDA,
RELATINGTO THE EMPLOYEES' PENSION TRUST FUNDS
TO COMPLY WITH THE PROVISIONS OF CHAPTER 99-1,
LAWS OF FLCyRIDA; AMENDING DEFINITIONS;
ESTABLISHlNG ONE PLAN FOR GENERAL EMPLOYEES
AS EXHIBIT "A" AND ONE PLAN FOR PUBLtC SAFETY
OFFICERS AS EXHIBIT "B"; RECONSTITUTtNG THE
BOARD OF TRUSTEES; ESTABLISHtNG QUALIFICATIONS
FOR MEMBERS THERE4F; PROVIDING FOR INVESTMENT
OF ASSETS; PROViDING FOR REPEAL OF ORDIN/4NCES
IN CONFLtCT; PRt3VfDfNG FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BYTHE VILLAGECOUNCIL OFTHE VILLAGE OFTEQUESTA,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Those portions of Exhibit "A° and "B° to Section 2-30, Code of
Ordinances, �Ilage of Tequesta, Palm Beach County, Florida, as defeted and shown by
strike-outs and addifions shown by bold double underlining on E�ibit "A" attached hereto
and made a part hereof, are passed and adopted as amendments to such E�ibits and
section.
Section 2. SeverabiGty. If any provision of this Ordinance or the application
thereof is held invalid, such invalidity shall not affect the other provisians or appliptions
o# this Ordinance which can be given effect wifihout the invalid provisions or applications,
and to this end, the provisions of the Ordinance are hereby declared severabte.
Section 3. Repeal of Ordinances in Conflict. All other Ordinances of the �Ilage
of Tequesta, Florida, or parts thereof which conflict with this or any pa�t of this Ordinance
are hereby repealed.
Section 4. Godification. This Ordinanoe shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 5. Effec�tive Date. This Ordinance shall take effect upon passage.
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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 ADOP710N AGAINST AD�PTION
The Mayor thereupon declared the Ordinance duly passed and adopted this
day of . 2p
MAYOR OF TEQUESTA
ATTEST:
Mary Miles, �Ilage Clerk
H:\TequesYa GE 10121PIan DocslOrd Capfion.wpd
�rEN ��'► t� �
�M Pl.�`� l= �S
INTEROFFICE MEMORANDUM
TO: NLICHAEL R COUZZO JR, VILI,AGE MANAGER
FROM: JEFFERY C. NEWELL, COMM[JNITY DEVELOPMENT
SUBJECT: GENERAL EMPLOYEES PENSION PLAN
DATE: 11 /6J2003
CC:
The pension board has completed its review of the retirement plan. The following are the
recoxnmended changes:
➢ Separate the general employees from the public safety employees.
➢ Earlp retirement date changed from age 50 with 6 years of service.
➢ Years of service for 100% vesting changed from 10 gears to 6 pears.
Plea.se find enclosed the strikeout/underline version of the plan for pour review. As the Chairperson
of the board, I will be present at the council meeting for further egplanations attd questions.
Jeffery C. Newell, Chairman of the Board of Trustees
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September 29, 2003
dIA FACS{MILE AND FIRST �LASS MAIL
Michael R. Couzzo, Jr.
Viltage Manager
250 Tequesta Drive, Suite 300
Tequesta, Florida 33469
Re: Vllage ofTequesta General Employees Pension
Trust Fund - Proposed Amendment
Our File Number. 1012.50
Dear Mr. Couzzo:
Enclosed please find a proposed amendment to the Village of Tequesta General
Employees Pension Trust Fund. The amendment has been approved by the Board of
Tn,stees. The amendment provides for the following:
1. Separates the General Emptoyee Trust and benefits from the Trust and
benefits fiar the Pubiic Safety Employees.
� 2. Reduces the vesfing from � 0 years to 6 years. This includes an early
retirement at age 50 with 6 years of service and a pre-retirement death
benefit after 6 years of service.
3. Adds language to comply with federal and state law requirements.
The amendment is proposed ta be effe�tive as of passage. Please contact rne at
your earliest convenience to discuss this amendment.
Sincerely yours,
Bonni S. Jensen
BSJ/ka
Encl.
Copy to: Chairman and Secretary
Dan Gallagher
H:\Teques� GE 10721VipageVManagerlCouao.wpd
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. EXHIBIT "A"
VILLAGE OF TEQUESTA
GENERAL EMPLOYEES' PENSI�N TRUST FUND
Section 9. Creation of Pension Trust Fund.
The Vilaae of Teouesta General Emolovees' Pension Trust Fund for the
uraose of providina retirem�nt. death and disabilitv benef'rts to members
Fund, cerka�n �6ormer c�eneral emolovees and survivor benefits to beneficiaries
Section 4 2. Definitions
1. Statement of Definitions. As used herein, unless otherwise defined or required
by the context, the follawing words and phrases shatl have the meaning indic�ated:
Accumulated Contributions means a MembePs own contributions without interest.
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Actuariat Eauivalenf ineans a benefit or amount of equat value, based upon tf�►e
�-9�1-�p��rrortality #abl� tables utilized bv the Board's actuarv or actuaries durina
most racent actuarial valuation, and an �rate of interest
Average Fi�al Cc�mpensation shall mean one-tr�ve{fth (1112) of the average sa{ary
af 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 fi�e�gl�General Employee �r
f'eliee-6#€reeFwhichever is greater. A year shall be twelve (12) cansecx�tive months.
Beneficiarv means f.he person ar persons entiitled to receive benefrts 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 tirne of death of the Member, #he beneficiary shall be the estate of the Member.
Board. �S: -or Board of Tnastee mean� ei#�re� a
memb�r of the General Employee Board of Trustees -
�f�ees, which shall administer and manage the System herein provided and serve as
Trustees of the Funds for the benefit of beneficiaries of the eneral
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employees. , , .
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Code means the Intemal 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 ,' eneral Employee a� who makes member
contributions to the Plan, omitting intervening years or fractional parts of years when such
� ,' eneral Empioyee � w�s not i� employed by the Village
of Tequesta. A plan member may voluntarily (eave his/her contribution in the Fund for a
period of five (5) years after leaving the employ ofi the �Ilage af Tequesta pending the
possibility of being rehired in a futl time position by the �Ilage of Tequesta without losing
credit for the tirne of active participation as a plan member. Should the emplayee not be
re-employed with the �I lage of Tequesta in a full time capacity within five (5) years, his/lier
contributions shall be re�med to him/her without interest.
The years orfractional parts of years that a�'�e€�e�ef-General Employee serves
in the military senrice of the Armed �'orces af the United States or the United States
Merchant Marine, voluntarily, upon being granted leave by the �Ilage af Tequesta and
separation from employment as a�Ilage of Tequesta plan member, shall be added to
hismer years of credited service provided that:
A. The
Generai Emplayee urn to his/her full time
� emp(oyment with the Village of Tequesta within one('I ) year from the date o#
his/her military discharge.
B. The �;; ��g; �i-�� General Employee deposits into the Fund fihe same sum
thatthe Memberwould have contributed if he/she had remained a�Fifef'tgl�
e�° General Employee , plus an amount of interest tha#
substantially approximates the amount eamed bythe Fund from the date of
retum to employment to the date of deposit.
C. The maximum credit for military service shall be five (5) years.
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Effective Date means the date on wF�ich this Ordinance becomes effective.
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servi�es:
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� Fund-a�s-means the Trust Fund� established herein as part of the System,
for
the benefit of General Employees.
General Employee means an actively employed full-time person employed by the
V'iltage ofTequesta, including his initial probationary emplayment period, excluding certified
Firefighters and certified Police Officers.
General Empioyee Board means the board afi trustees provided hereunder fo
administer and manage #he funds for the benefit of the Generat Employees.
Member means an actively employed ,' eneral
Employee that fulfills the applicable prescribed participation requirements.
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Sa�arv means base comoensation to include reaular eaminas vacation r�v
sick pav, plus all ta�c deferred items of income, excludina luma sum pavments
� overtsme, bonuses an lonqevitv bonus.
�defe��
t�#e�d:
ase compensation to include regutar eamings,
vacation pay, sick pay, plus all taxdeferred items of incane, excfuding lurnp
sum payments, overtime bonuses and lonaevifir onus.
S ouse means the lawful wife or husband of a plan member at the time of pre-
retirement, death or retinement.
�tatement of Investment Policy means the written investment aolicv adoated
bv the Boards �ursuant to this Ordinance and F.S.112 661 et sea �nrtoich shalf apulv
to funds under the contro! of each board.
System means the �Ilage of Tequesta Employees' Pension Trust Funds as
contained herein and all amendments thereto.
Vested deferred retirement mean� a Member who leaves the emplov of the
Villaae with 6 or more vears of credited serv and who is not eli 4ible for anv
retirement benefi#. This benefit is oavable at earlv or normal retirement
�Iia e means fihe Viliage of Tequesta, Florida.
2. Masculine Gender. The masculine gender, where used t��rein, unless the
context spec�cally requires v#herwise, shall include both the feminine and masculine
genders.
Seciion � 3. Membershia
1. Condition of Eliqebiliiv
All full time �F�eft�r�e�s General Emolovees as of the effective date, and all
future new futl time ,' eneral Employees shall
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become Members of this System as a candition of emplaymenf.
2. Membership
Each fuil time ,' eneral Employ�:e shall complete
a farm prescribed by the BoaR! providing the foliowing information:
A. Acceptance of the term� and conclifions of the Retirement System,
and,
B. Designation of a beneficiary or benefiaaries, and,
C. A certfied statement as to prior medical and psychologicai history.
3. Chanae in Designation of Beneficiary
A member may from time to time change his designated beneficiary by
written notice to the Board upon fiorms provided by the Board. Upon such
change, the rights ofi aU previously designated beneficiaries to receive any
benefits under the Systern shall cease.
Secfion 3-4. Board of Trustees
1. The sole and exclusive adminisfration of and responsibility for the proper
operation of the retirementsystern and for making effeetive the pr�ovisions of this ordinance
� is hereby vested in #iroe�{�j a Boards of Trustee ,
� . The Sefle� Board sha11 consist of five (5) Trustees, fin�o
(2) ofwhom, unless otherwise prohibited by law, shall be legal residents ofthe municipaliiy,
who shall be appointed by the Tequesta �Ilage Council, and two (2) of whom shall be fu(I-
time General Employee members of the System. The fifth (5"') Trustee shall be seiected
by a majori#y vote of the other four {4) Trustees.
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{�r�ees—Each person seeking to fill a designated employee representative Board
member seat shal( b��tefy e(ected by their full-time co workers.
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' . Upon receipt of the fifth (5'') person's name foc ei#�e�
� the Tequesta Village Counal shall, as a ministerial duty, appaint such person to the
General Employee Board s its fifth (5�') Trustee. The fifth
{5 Trustee shaN Mave the same rights as each of the other Trustees appointed or elected
as herein provided and shall serve a finro (2) yearterm uniess the office is soonervacated
and may succeed himseff or herself in office. Each resident Trustee shail serve as Trustee
for a period of two (2) years unless saoner replaced by the Tequesta Village Council at �
whose pleasure the Trustee shall senre, and may sucoeed himself or herself as a Trustee.
Each ,' eneral Employee Trustee shall serve as Trustee for
a period of iwo (2) years, unless he/she sooner leaves the employment of the �Ilage or
otherwise vacates his/i�er office as Trustee, whereupon a successorshall be chosen in the
rnanner as the departing Trustee. Eaah employee representative Trustee may suc�eed
himself or herself in office. The General Employee Board
shall meet at least quarterly each year. �aeF� T�h Boards shall be �, legal entitiesy with,
in addition ta other powers and responsibilities contained herein, the power to bring and
defend lawsuits of every kind, nature, and descrip�on.
2. � The Board shall, by majority vote, elect a chairman and secfetary. The
secxetary 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 meefings in
#he absence of the Chairman. The Trustees shall not receive any compensation as such,
but may receive expenses and per diem as provided by law.
3. Each Trustee shall be entitled to one vote on h�e i�is-e�-he�° Board.
�Three (4� affirmafive votes shall be necessary for any decision by the Trustees at
any meeting of the BoanJ. A Trustee shall have the right to abstain from voting as the
� result of a conflict of infierest provided that Trustee states in writing the nature of the cor�flict
complies with the provisions of Section 112.3143, Florida Statutes.
4. The Boards of Trustees shall engage such actuarial acxounting, legal, and
other services as shall be required to transact the business of the Retirement System to
adminisfer and manage their funds and to meet the requirements of applicable law. The
compensation of all persons engaged by the Boards of Trustees and all o#her expenses
of the Boards necessary for the operation of the Retirement System shall be paid from the
Funds they administer and manage at such rates and in such amounts as the Board of
Trustees shalt 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.
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B. To determine all questions relating to eligibility and participatian.
C. To determine and certify the arnaunt of al[ retirement allowances or
ather benefits hereunder.
D. To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications and all matters required
to administer the Systc�n.
E. To distribute to Members, at regular intervals, informafion cancer►iing
the System.
F. To receive and process all applications for participation and benefits.
G. To authorize a(I payments whatsoever from the Funds which they
administer and manage, and to notifythe disbursing agent, in writing,
of approved i�e� en i n payments and other expenditures arising
thraugh operation of the System and the Funds which they administer
and manage.
H. To have performed actuarfa! studies in accordance with Florida
Statute 112.63 providing a copy of the same to the Divisivn of
Retirement, and with at least biennial valuations, and make
recommendations regarding and all changes in the provisions o# the
System.
� I. Ensure compliance with Articte X, Section 14, of the Florida
Constitution, requiring that any increase in benefits be funded on an
actuarially sound basis.
J. Ensure the compietion of an actuarial impac# statement prior ta the
adaption of a change in the ptan's retirement benefits, a copy of which
must be provided to the Division of Retirement.
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�K. Ta ensure #he funds and assets for the benefit of the emplayee
groups they serve are segregated and separated from the funds and
assets under the control of the Board.
N�.�. To perForm such other duties as are specified in this Ordinanve.
M. To adopt and be auided �v Statements of inv�stment Policv
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apalicable to all funds under the control of the General Emalovee
Board of Trustees as reauired from time to time bv F.S.112.661.
et sea.. and/or its successor statufies.
Section �-5. Finance And Fund Management
Establishment and Ooerafion of Fund.
1. As part of the System, there is hereby established �}� Funds, into which
shall be deposited all of the contributions and assets whatsoever attributable to the
System, far the benefit of General Emplayees
2. The actual custody and supervision of the Funds (and assets thereofl shall be
v�sted in the Boards of Trustees. Payment of benefits and disbursements from the Funds
shall be made by the �Ilave on the Board's aareement e}isi�rtrsn°►e��, but only upon
written authorization from the Boards.
3. All funds and securities of tFte Funds may be deposited by the Boards of
Trustees with the Treasurer of the municipality, acting in a ministerial capacity on1y, who
shall be liable in the same manner and to the same extent that as he is liable for the
safekeeping offunds for the municipality. However, anyfunds and securities so deposited
with the Treasurer o# the municipality shall be kept in separate funds by the Treasurer or
clearly identified as such funds and securi#ies of the General Employee Trust Fund �
' . In lieu thereof, the Boards of Trustees shall deposit the
funds and securities of the Funds in a quafified public depository or depasitaries as defined
in Section 280.02, Florida Statutes, which depository or depositories with regard to such
funds and securities shall conform to and be bound by all of the provisions of Chapter 280,
Florida Statutes. In order to fulfilt �s investrnent responsibilities as set fo�th 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, r�aistered broker dealer or
otherwise exemptfrom such required registratian, an insurance company, or a oombinat€on
pf 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.
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. Accurate records shall be maintained at an times
reflecting the market valuations of funds and assets financial composition of the Funds
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#f�s��, including accurate current ac�ounts and entries as regards the following:
A. Current amounts of Accumulated Contributions of Members on both
an individual and aggregate accour� basis, and
B. Receipts and disbursements, and
C. Benefit payments, and
D. Current amounts clea�ly reflecting all moneys, funds and assets
whatsoever attributable to contributions and deposits from the �tlage,
County or State, and
E. AIi interest, dividends and gains (or tosses} 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 mast recent fiscal year of the �!{age 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 bc�th a cast and
� market basis, as well as other items normally included in a certa�fied audit.
6. The Board of Trustees shalf have the following investrnent powers and authority:
A. The Board of Trustees shall be vested with full legal title to the Funds,
subjec#, however, and in any event to the autharity and powrer of the
Tequesta Village Council to amend or terminate this Trust. provided
that no amendment or Fund termination shall ever result in the use of
any assets of the Fund except for the payment of regular e�qpenses
and benefits under this System. All contributions fram time to time
paid infio the Fund, and the incpme thereof, without distinction
between principal and income, shall be held in the Fund and
administered by the Boards or tMeii° i s Agentsit�efafrds.
B. All moneys paid into or to be held.bv #he Fund shall be invested and
reinvested by the Boards and the investmen# of a11 or any part of such
funds shall be limited to:
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{1) Annui#y and life insurance contracts of life insurance
companies in amounts sufficient to provide, in whole or in part,
the benefits to which ail of the participants in the Fund shall be
entitled under the provisions of the Plan and pay the initial and
subsequent pnemium thereon. �
(2) Time ar savings accounts of a national bank, a state bank
insured by the Bank Insurance �und. or a savincis and loan
as�ocia#ion insured bv fihe Savinas Association In4urance
Fund which is administer�d bv the Federal D�posit
Fnsurance Corporation or a state or federal chartered
c�redi# union whose shane accounts are insured bv the
Naiaonal Credit Union Share Insurance Fund eF—�
(3) Obligations of the Unified Sfiates or obtigations guaranteed as
to prinapal and interest by fihe govemment of the United
States.
(4) Bonds issued by the State of Israel. .
(5) Bonds, stocics, 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 S#a#es, or reaistered fnvestment comAanv aursuant
to the lnvestment Advisors Acfi of 1940. any state or
organized territory of the United States, or the District of
Columbia, provided that the corporation is traded on a
nafionally recogniaed Exchange and in the case of bonds
onlv holds a rating in one of the three highest classifications by
a major rating senrice, 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 shatl hold a rating within
the top three (3) rating dass�cations of a major rating senrice.
(6) Real estate.
(7) All monies paid into or held in the Pension Fund shall be
invested and reinvested by the Boards of Trustees and the
investment of all or any part of such funds shall be invested in
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accordance with an established investment policy adopted by
the Board of Trustees.
(8l Up to 10°l0 of the Plan assets mav be invested in foreian
securities.
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
campany, nor shall the aggregate investment in any one issuing
cvrnpany exceed �rve percent (5°Jo) of the outstanding cap'rtal stock of
that company; nor shall the aggregate of its investments in common
sfiock, capital stock and convertible bonds at cost exceed �s'u�ct
percent (58% � of the assets of the Fund.
D. The Boards of Trvstees may retain in cash and keep unpmductive of
income such amount of the Fund as they may deem advisable, having
regarcl 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 diminishrnent of the Fund, except that due to his ar its own
negligenoe, will(ul misconduct or lack of good faith.
F. The Boards may cause any investment in securities held to be
registered in or transferred into their name as Trustee or into the
name of such nominee as they may direct, or they may retain them
� unregister+ed and in form permitting transferabilihr, but the books and
records shall at all times show that all investrnents are part of the
Trust Funds.
G. The Boardsafe'��s empowere , , to vote upon any
stocks, bonds or securities of any corporation, associatian, or trust
and to give general or specific proxies or powers of attomey with or
writhout power af substitution; to participate in mergers,
reorganizations, recapitalization, consolidafion$ and simitar
transactions with respect to such securities; to deposit such stock or
other securities in any wting trust or any protective or like committee
with the Trustees orwith depositories designated thereby; to amortize
or fail to amortize any part of aq of the premium or discount resu�ting
from the acquisition or disposition of assets; and generally to exercise
any of the powers af an owner with respect to stocks, bonds, or other
investments comprising the Fund which it may deem to be the best
interest of the Funds to exercise. This �ower rna be dele4ated to ,
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an a4ent bv the Board of Trusfiees.
H. The Boards shall not be required to make any inventory or appraisal
or report to any court, nor secure any order of court for the exerase
of any power contained herein.
I. Where any action which a Board is required to take on any dufy or
function which it is required to perform either under the terms herein
ar under the general law applieable to it as Trustee under this
Ordinance, can reasonably be taken or perFormed only after receipt
by it from a Member, the vllage, the Department or any other entity,
of specific ir�formafion, certific�tion, 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 wi#h
interest at a rate per annum approved by the retev�� Board.
Overpayment shall be charged against em r' payments next
succeeding the eorreefion. Underpayments shall be made up from
the televa�t Trust Fund.
K. A Board shall sustain no liability whatsoever for the suff'iciency of a
Fund to meet the payments and benefits herein provided.
• , ,
,
11�L. Any of the foregaing powers and functions ay be
perFormed or carried out by the Board through duly authorized
Agents, provided that fihe Board at all times maintains continuous
supervision over the acts of any such Agent; provided further, that
legal titte to a Fund shall always remain in the Boards of Trustees.
�M. A Board shall not invest more than ten percent (10%) at cost of its
assets in real properly or real estate and there shall be no investment
in a limited partnership or trust.
N. The Vifla4e shall rnaintain Fiduciarv Liabiliiv insurance to cover
12
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August 29, 2003
the members of the Board of Trustees.
Section 56. Contributions
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 hislher salary. Member contributions withheld by the �Ilage
on behalf of the Member shall be deposi#ed with the Board of
Trustees ^���a�t#I� immediatelv after ti�e withho{dina of such
con�ribution�s The contributions made by each Memberto the Fund
shati be designed as employer contributions pursuant to Secfion
414(h) of the ode e€-�986. Such designation is
contingent upon the contribufions being excluded from the Members'
gross income for Federal Income Tax purposes. For all other
purposes of the Plan, such contributions shali be considered to be
Member contribu#ions.
B. Method. Such contributions shatl be made by payroll deduction.
,
�2. Village Contributians
So long as this System is in effect, the �Ilage shall make quarterly
contributions at least auarterlv to the Trust Funds in an amount equal to the �liffere�
t�t-�e�+�r; ,
, ,
,
±�� ��e..+:.,a ,�'��, �� +�:� �„�+�..,. ..,.�....�. normal cost and the amount reauired to fund
V��VV4��V M4�4V V� 4�f�i7 �
anv actuarial defici�ncv shown bv an actuarial valuation as provided in Part VII of
Chaater 112. Florida Statutes.
13
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August 29, 2003
43. Other
Private donations, gifts and contributions may be deposited to the Funds, but
such deposits must be kept separafiely 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 �elev�� Board, and may not be used to reduce what would have
otherwise been required by Village contributions.
Sec#ion 67. Benefit Amounts and Eligibiliiy
1. Norma! Retirement Date.
A Member's normal retirement date shall be the first day of the month
coincident with, or the next foltowring 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.
A Member may retire on his normal retirement date or an the first day of any
month thereafter, and each Member shall become 100% vested in his
accrued benefit on the Member's normal retirement date. Normal retirement
under the Plan is retirement from employment writh the �Itage of Tequesta
as a , ' eneral Employee, ,
on or after the normal retirement date.
2. Normal Retirement Bene#"rt.
A Member retiring hereunder on or after his normal retirement date shall
receive a monthly benefitwhich shall cammence on his Retirement Date and be continued
thereafter during the Member's lifetime, ceasing upon death, but with one hundred twen#y
14
August 29, 2003 -
(120) monthly payments guaranteed in any event. Benefi� are navable forthe life of a '�
retiree with a Quarantee of 120 mo nthlv aavments Should a member c6e befo 120 1
monthiv uavments (10 vearsl are mad�. then #he remainder of the 12a monthlv
pavments will be paid to a bene�iciarv. Should a member receive more than 120
monthlv navments. then no benefit is aavable to a beneficiarv. The monthly retirement
benefit shall equal=
,
- two percent (2%) of average finai compensation,
for each year of credited service {2% x average final comper�safion x years
of credited service).
3. Ear�y Retirement Date
A Member may retire on his/her early retirement date wrhich shali be the first
day of any month coinadent with or next foliowing the later of the attainment of age fifty
{50) and the compfetion of six 6��@}years of credited service. Early retirement under
the Plan is rebrement fram empioyment with the Village of Tequesta on or after the early
retirement date and priar to the normal retirement date.
4. Early Retirement Benefit
A Mernber retiring hereunder on his/her earty retirement date may receive
� either a deferred or an immediate monthly retirement benefit payable for life, but with one
hundred twentv (120) monthiv pavments quaranteed. in anv event, as follows:
A. A deferred monthly retirement ben�fit which shall cornmence on what
would have been hisJher normal retirement date had he/she rernained
a ,' , eneral Employee and shalt be
eontinued 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 nomial retiremen# date
except that credited senrice and average final compensation shall be
determined as af his early retirement date; ar
B. An immediate monthly retirement benefrt which shall commence on
his/her early retirement date and shall be continued on thefirst day of
each month thereafter. The benefit payable shall be as determined
in paragraph A above, which is actuarial{y redu�ed from the amount
to which he/she would have been entitled had he/she retired on
15
i
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August 29, 2003 i
. his/her normal retirement date and with the same number af years of
credited service as at the time his/her benefit commence and based
on his averag� finaf compensafion at that date. In no event shall the
early retirement reduction exceed:
� , ,
• , , ,
, , , - ;
, , �ee
ve percent (5%) each year by which the
commencement of benefits precedes the Member's normal retirement
date.
$ection �8. Pre-retirement Death
#aHemrs:
. ,
,
_
0
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August 29, 2003
. ,
,
,
d�rte:
Upon the death of any vested member, whether or not s�till in active
employment, a survivar benefi# is payable to the beneficiary starting when
the memberwould have reached retirement age. The benefit is equat tp the
vested pension benefit.
�eciaon �9. DISABILITY.
1. Disabiliiy Benefits On-Duty
Each full time employee who is a parficipant in the Pension Fund System and who
� becomes totally and permanently disabled while an active employee of the
Yllage of Tequesta to fihe extent that he/she is unabie, by reason of a medic�lly
determinable physical or mental impairment, to render useful and efficient service as a
� ,' , eneral Emp{oyee, as was provided by the employee t�eir
, , rior to the alleged
impairment, which disabiliiy was directly caused by the perFormance of his/her duty as a
,' , eneral Employee shall upon establishing the same to the
satisfac#ion of the Board, be entitled to:
A. If the injury or disease is service connected, the employee shall be
entitled to the greater of (1) or (2):
(1) . rnonthly pension equal to 42% of
his/her average monthly compensation as of his/her disability
retirement date, or
,
17
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August 29, 2003
(2) an amount equal to the number of years of his/her credited
service multipiied by.
2°/a of his/her average monthiy sa{ary based upon his/flerfinal
5 years of service .
,
,
. ,
,
, ,
�ftee:
2. Disabilit,y Benefits Off-Dufi�
Every ,` enerat Employee who is a participant in
the Pension Fund System who shall have become totally and permanently disabfed to the
� extent that he/she is unable, by reason of a medically determinable physical or mental
impairment, to render useful and efficient servic� as a ,' eneral
Emptoyee which disability is not directly caused by the perFormance of his/her duties as a
,' eneral Employee shali be entitled to:
• , ,
the greater of (1)
or (2):
(1) . monthly pension equal ta 25°l0 of
his/her average monthly compensation based upon his/her
final 5 years of service, or
,
18
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August 29, 2003
(2) An amount equal to the number af years of his/her credited
service multiplied by: �
2% of his/her average monthly salary based upon his/herfinal
5 years of senri .
3. Conditions Disqualifying Disability Benefits
Each ' ,' eneral Ernployee who is daiming
disability benefits shall establish, to the satisfaction of the Board, that such disability was
not occasianed 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 ar 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
,
eneral Employee
with the �tlage of Tequesta.
F. WiIFFuI, wanton or gross negligence of the Member.
G. Injury or disease sustained by �e� ,'
General Employee while working for anyone other than the �eqe�es�a
, —eF #er�er�t
��1ey�e; -#�te�—Village of Tequesta and arising out of such
employment.
H. Iniurv or disease sustained bv the member befare emnlovment
with the Vi11aAe beains. This suba araaraph auplies o nlv in the
even# of a dutv iniurv or disease. �'
19
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August 29, 2Q03
4. Physical Examinafion Requirement
An empioyee shall not become eligibfe for disability benefits until and unless
he/she undergoes a physical examination by a qual'�fied physician or physicians andtar
surgeons, who shall be selected by the Board for that purpose.
Any person receiving disability beneflt underprovisions ofthis Ordinant� may
be periodically re-examined by a qualified physician or physicians and/or surgean or
surgeons who shal� be selected by the Board, to determine if such disabili�ty has ceased
to exist. If the Board finds that the retiree is no longer permanently and totaily disabled ta
the extent that he/she is unable to render useful and efficient service as a�P'e�iee-E7f�'reer,
�Firefig#��er;-arGenera! Employee the Board shall recommend to fihe Village that the retiree
be retumed to their previous performance of duty as a ,' ,
General Employee, and the retiree so retumed shall enjoy the same rights that Member
had at the time he/she was placed upon pension. In the event the netiree is sa ordered to
reium shalt refuse to comply with the order within thirty (30) days from the issuance
thereof, Member shaA forfeit the right to his/her pension.
The cost of fhe physical examinafion and/or re-examination of the employee
or refiree daiming and/or receiving disability benefits sha11 be bome by the Board of this
Pension Fund Sy�tem. All other reasonable costs as determined by the Board incident to
the physica! examination, such as, but not limited to, transportation, meals and hotel
accommadations, shall be bome by the Board.
If the retiree recoversfrom disability and reenters hislherformer service with
� the Village of Tequesta held prior to disability retirement, his/her service will be deemed
ta have been cantinuous, but the period beginning with the first month for which he/she
received a disability retir+ement income paymentand ending with the date he/she reentered
the seroice of the �Ilage 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 deasion
regarding ail 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 flrst 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 entit{ement, and any portion
due for a partial month shall be paid together with the first payment. The last payment witl
be:
20
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August 29, 2003
A. If the pfan member recovers from the disability or attains his/her
normal retinement 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 payrnent due
next preceding his death or the 120"' monthly payment, whichever is
later.
Se ' 10. Vestin .
If a Member terminates his employment with the �Ilage of Tequesta, either
voluntarily or by discharge, and is not eligible for anyother benefits underthis 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-finro (62) upon termination, the Member shall be errtitled 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 ten-(-�}-or more years of credited service upon
terminafion, or altematively, the Member has attained the age of sixty-finro (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 �uch retirement income otherwise payable
to him/her commenang at the Member's othervvise normal or early refirement da#e,
provided he/she does not elect to withdraw his/her accumulated contributions and provided
the Member survives to his/her noRnal or early retirement date.
21
August 29, 2003
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 underthis System preserved, provided
he does not elect to withdraw his/her accumulated contribu�ons from this System. Such
Acxrued refirement benefifs shall be payable at his/her otherwise normal retirement date
hereunder, or later, in accordance with the prov�sioris of this System.
Section �-611. Optional Forms of Benefits
1. In lieu of the amount and form of retirement income payable in the even of
normal or early 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 requir�d 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 refirement income or benefit of equivalent ac�uarial
valuation payable in accordance with one of the following options:
A. A retirement income of a larger monthly amount, payable to the
Member for hisJher lifetime on1y.
B. A retiGement income of a modfied 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°l0, 66?J3%, 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 refiring Member.
2. The Member, upon electing any option of this s�tion, will designate the joint
pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the
Plan in the event of the Member's death, and will have the powrer to change such
designation from time to time, but any such change shall be deemed a new election and
will be subject to approval by the Board of Trustees. Such designation wi8 name a joint
pensioner or one or more primary beneficiaries where applicable. If a Member has elected
an opfion writh joint pensioner or beneficiary and the Member's retirement income benefits
have commenced, the Member may thereafter change his designated joint pensioner or
beneficiary, but only iF the Board of Trustees oonsents 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 des�gnated by the Member is a6ve when he/she files with the
Board of Trustees the request for such change.
22
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August 29, 2003 I
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
pensionerthat is being removed as it may require and the amaunt of the retirement income
payable to the �e� R�tirc�e upon designation of a new joint pensioner shall be
actuarially redetermined taldng into acxount the age and sex of the former joint pensioner,
the new joint pensioner, and the �ef�#:er Retiree. Each such designation wia be made
in writing on a form prepared by the Board of Trustees and on cornpletion wrill be filed with
the Board of Trustees.
In the event that no designated beneficiary survives the Member, sucli benefits as
are payable in the event of the death of the Member subsequen# to his/her retirement shall
be paid as provided in Section �12.
5. Retirement income payments shall be made under the option eleeted 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 refirement benefit wilf be
payable under the option to any person, but the benefits, if any, will
be determined under Section �.
B. If the designat� beneficiary (or beneficiaries) or joint pensioner dies
before the Member's retirement underthe Ptan, the option elected will
� be cancelec! 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 #his section or a new beneficiary is
designated bythe Member priorto his/herretirementandwithin 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 a-4-12.
D. If a Membercontinues beyond his/her normal retirement date pursuant
to the provisions of Section 67 subsection 1, and dies priorto his/her
23
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August 29, 2003
actual retirement and while an option made pursuant to the provisions
of this section is in effect, monthly retirement income payments witl 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 occurr�.
6. The Member may not change his/her retirement option after the date of cashing
or depositing his/her first retirement check.
S�ction �-1-12. Beneficiaries
1. Each Member may, on a form provided for that purpose, signed and filed with
the Board of Trustees, designate a beneficiary (or beneficiaries) to receive the benefit, ifi
any, which may be payable in the event of his/fier 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. tf a deceased Member fails to name a beneficiary in the manner prescribed in
subsection 1, or if the benefiaary (or beneficiaries) named by a deceas�d Member
predeceases the Member� the death benefit, if any, which may be payable under the Plan
with respect to such deceased Member �a�rsh�l 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 Befo 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 disabiliiy, or
B. Placed on pension because the Member has served the required
number of years to entitle him to a pension, or
C. Refused benefits under this Plan, and is dissatisfied with the amount
of pension the Member is receiving, or believes that he. should be
entitled to benefits under the Plan, the Member may, in writing,
24
f
�
August 29, 2003 `
request the Board to review his 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 wrritten 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 clairn for benefits, the order of the Board shall be
. put in writing. Sucli written order shall include:
A. The specific reasons for the denial, including specific references to
pertinent provisions af the retirement system on which such denial is
based;
B. A description of any additional material ar information that the Board
feels is necessary for #he Member to perfect hislMer claim, together
with an explanation of why such material or infomnation is necessary;
and
C. An explanation of the review procedure next open to the Member.
Such review procedune 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 originatlyrecommended, and anyotherdoc�mentsmaterial
to the case;
(2) After such review, the Member and/or his/her duly authorized
representative shall submit their case in wrifing to the Board and
request a hearing. Such submission shall be filed with the Board no
later than ninety (90) days after the receipt of the order of the Board.
Upon receipt of the written submission by the Member, the Board
shall schedule an opportunity for a full and fair hearing of the issue
within the next ninety (90� days, and suc� schedufed 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 fo present their case. The Board shall consider the facts
25
,
August 29, 2003
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 shalt
rule on all evidentiary �nd other legal questions that
arise during the hearing.
(b) Either party, the claimant or the Board, may fils
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 capies of all
pleadings to the opposing parties and exchange lists
with names and addresses of wi�tnesses expected to be
called to testify at the hearing, as well as the list of
exhibits that are intended ta be introduced, at least
forty-five (45) days prior to the hearing. Testimony of
witnesses shaft 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 claimant's attomey, upon recognition
by the Chairman, may direct questions to any witness
during the proceedings. Each parly sha11 have the right
to present evidence refevant to the issues, to cross-
� examine witnesses, ta impeach w'rEnesses and to
respond to the evidence presented against #he parly.
Each party shal I have the right to present any opening
and ctosing arguments. Any party may secure the
services of a court reporter to rec�rd the proceedings
with the cost to be bome by the parly requesfing the
court reporter or reyuesting the transcription of the
proceedings.
(c) In all cases, unless otherwrise provided in this section,
the burden of proof shall be on the claimant who seeks
to drawr hisJher 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 #o subpoena and require the �ttendance of writnesses and the
production of documents for discovery prior ta and at the proceedings
26
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i i i _ � ," , � " � . _ ' � � . ' " "_ ' �� _ ' : • - " " ' _
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August 29, 2003
Section 15. Board Attorney and Professionals
The Boards may employ independent legal counsel at the Pension Funds' expense
forth� purposes contained herein, togetherwith such otherprofessional, technicai, orother
advisors as the Boards deems necessary.
Section 16 Maximum Pension.
1. Basic Limitafion.
Subject to the adjustments herein set forth, the maximum amounfi of annual
retirement income payable with respect to a Member under this Plan shall not exceed the
�r limitations set forth in 6415 of the Code.
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• • �' !�� '• � � • � • �� - � • � i!• _ _ " " "' : . ' ' ' . ... _ ' _ ' ' � _ '
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August 29, 2003
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2.�: Addifional Limitation on Pension Benefits. Notwithstanding anything herein
to the contrary:
A. The normal retirernent benefit or pension to a retiree wt�o becomes a
� member of the Plan and who has not previausly participated in such Plan, on
or after January 1, 1S8Q, shall not exceect 100 peresnt of his average final
compensation. However, nothing contained in this section shali apply to
supplemental retirement benefrts orto pension increases attributableto cost-
ofi living increases or adjustments.
B. No member of the Ptan who is not now a member of such Plan shall be
ailowed ta receive a re�rement benefrt or pension which is in part or in whole
based upon any service wi#h respect to which the member is already
receiving, or wiil receive in the fiuture, a re�rement benefit or pension from
anather retirement system or plan. This restriction does not apply to social
security benefits or federal benefits under Chapter 67, Ti�e 10, U.S. Code.
Section 17. Commencement of Benefits
1. Unless the Member o#herwise elects, with such election being in writing and
to the Trustees and specifying the form of retirement incame and date on which the
31
:�
August 29, 2003
retirement income is to commence, the payment benefits under the Pian to the Member
shall commence not later than the 60"' day after the close of the Plan Year in which the
latest foliowing 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 Village of Tequesta
2. if the payment of a Member's retirement incame cannot begin on the date
required under subsection 1 of the Section because the Trustees either cannot ascertain
the amount of the Member's retirement income or cannot locate the Member after making
reasonable efforts to do so, the payment of the Member's benefit shall begin not later than
sixiy (60) days after the date an which the amount can be ascertained or the Member is
loca#ed, whichever is applicable. Any such payment shall be made r'efiroactive to a date
which is not earlier than the date an which the payment af the Member's benefit was
schedufed fio begin but which is not later than the date specified under subsection 1 of this
Secfi�on.
Sec�Eion 18. Distribution of Benefits.
(doiwrithstanding 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 safisfy the
following conditions:
1. {f the cetirement income is payable before the Mernber's death:,.
A. It shall either be distributed or commence to the Member not later
than April 1 of the calendar year fallawing the later of the calendar
year in which the Member attains age 70'h, or the c�lendar year in
which the Member retires,
B: �distribution shall commence to them not laterthan the catendar
year defined above; and �j; shall be paid over the life of the Member
or over th� lifetimes of the Member and spouse, issue or dependent,
or, bj� sha11 be paid over the period extending not �yand 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
32
Y :�
August 29, 2QQ3 ;
interest in the Pfan 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 distribufion 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 Membe�'s death, unless it is to be distributed in accordance with the
following rules:
A. The Member's r�emaining interest in the Plan is payable to his spouse,
issue or dependerrt;
B. The remaining interest is to be distributed over #he iife of the spouse,
issue ar dependent or over a period not extending beyond the life
expectancy of the spouse, issue or dependent; and
C. Surf� distribution begins within one yearaftt�e Member's death unless
the Member's spouse, issue or dependent shait receive the remaining
interest in wrhich 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 fhe spouse,
issue or dependent begins, this Section sha0 be applied as if the
spouse, .issc�e or dependent were the Ptan Member.
Section 19. Miscellaneous Provision.
1. Interest of Mlembers in Pension Fund. At no time prior to the satisfaction of
� all liabilifies under the Plan writh respect to Members and their spauses or beneficiaries,
shall any part of the carpus or income of the Pension Fund be used for or diverted to any
purpose other than for their elusive benefit.
,
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33
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' ' " . _ ' ' _' • _ ' s " " _ _. � " ' " ' ' ' _ _ _ ' _ ' '
t � • � �• '__ __ '_ _ _ _ _ ,_ _ _ _ � _ _ _ _ _ ; _ . _ Y _
� � • �i � � - _ _ - • � • • � • • • t�i • • _ .. .... _ _ .
� . � . � • �� � � _ _ _ : _ _ � _ " _ � - _ _•. • • f " � - _
• � • i i • � " • - � . .. � . - - � � • • n� • • � � • 1 � " - -
_ r_ � _ ' __ " � 1 ' ' � ' ' � _ ' ' � � • � • r 1 � ' ," ' _ ' _
� i _ _ �' '_ " ' ' j _ " ' ' ' ' _ _ ' " ' ' ' ' _ _ ' � _ "
1 � • • • i t '� i � • �
' _ _ � ' " � ' " _ ' . ` ' _ ' � ` _ ' " ' _ ' ' _ � _ _ _ ' i i • ' ' " ' "
__ ' ' . " � � - _ ' _ _ ' _ � �' " " _ ' _ _ "
i . ' ' ' ,' _ ' i i,: " _ ' ,_' "' " _ _ ' ' �' '" _' _ _' "
� � 1 •
r �'� • . �^ 1 _ ,_ _ _ .. _ t ' f • 1 • . _ _ � � R � • � _ _ _ � �_ _+ _ _ _
r'r • . � • • • • - " • • • • • i w • � • • r
_ " ". . _ ... . . .'l _ _ ' ' . ' _ ' " ' _ _ _ '
• • • � � � � � � � - • . • r � • ' �
� � i • � � �• �' • � 1 " : � ` � 1 � • . � �
i 1 : i i i►'. i i • _ _ ' ' ' ' _ � 1 � � . ' _ _ �
" __ _ � 1 = _ � � ' " ' = _ ' _ _ _ ' _ ' _ _ ' �_" i i .. ' "
■ _
' : ' " _ ' " " _ ' ' ' �.' ' " : ' _ ' _ _ ' ' '� ' _ _ _ _ _ �' _
: i i _ ' " " + � ' � _ _ ; _ ' ' ' _ �- i i i _ _ i ' " " ' " ' ' '
_ ' � ' ' _ ' ' ' ' ' ' ' _
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August 29, 2003
3. Rollover Distributions.
A. This subsection a4alies to distributions made on or after Januarv
1, 1993. Noiwithstandin4 anv arovisioru of the Plan to the
contrarvthatwould otherwise limit a distribut� election under
this subsection a distributee mav elect, at the time and in the
manner �rescribed bv tf�e Board of Trustees. to have anv oortion
of an eliaible rallover distribution �aid directiv to an eliaible
r�tir�m�nt �1an soecified bv #he distributee in a direct rollover.
B. Definrtions.
(1) "Eliaible ro{lover distribution" is anv distribution of ail or
anv �ortion of the balance to the cr�dit of the distn'butee.
exceot �tat an Qtis�ible rotlover does not in�lude anv
dis#ribufi�on othat is one of a series of substanti�flv�ectual
aeriodic oavments (not less freauentiv than � aErnualivl
mads for th� life (or {ife exuectancvl of the distributee or
distriaut�+e'� d�sianated b�neficianr. or for a suecifi�d
pen�d of .1{# v�ars or rnc� anv distribut�on to �the ext�nt
such distr�ibution is reauired under section 401(al(9) of the
�ode: and th� oortion of anv distribution that is not
includible in �aross income.
(2) "Eliaibl� . r��irement plan" is an individual r�tirement
� accoun# described in section 408(al of fhe Code. an
individual re�Eirement annuity described in sectiion 408(b)
of the Cod�. an annui plan descrit�ed in section 403(a) of
the Code. or a aua{ifis�d trust de,sccibed in section 401(a)
of �fie Cord�..that acr�ots th� distribufiee's elioible rollover
istributian. However. in the case �f al eliaibF� rollover
distribution to the survivina saous�. an eliaible retirement
plan is an indiv+dual retirement account or individuai
refirement annuitv.
(3) "Distributee" includes an emnlovee or former emalovee.
In addition, the em�lovee's orformer �m�lovee's_sunrivi�n
s ouse and the emolovee's or former emalovee's spouse
who is entitled to �avment for alimonv and child suoaort
under a domestic relations order determined to be
aualified bv this Fund are distributees with r�aard to the
interest of the suouse or former saouse.
35
August 29, 2003
(4) "Direct rollover" is a Aavment bv 1�e Plan to the eliqible
retirement nlan suecified bv the disiributee
Section 20. Repeal or Termination of System.
1. This Ordinance establishing the System and Fund, and subsequer�t
Ordinances pertaining to said System and Fund, may !� modified, terminated, or
amended, in wi�ole 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 cont�ibutions to the System are
discontinued, the Board shall confiinue to adrninister the System in accordance with the
provisians of this Ordinance, for the sole benefit of the then Members, any beneficiaries
fihen receiving retirement allowances, and any future persons en#itled to receive benefits
under one of the options provided �or in this Ordinance who are designated by any of said
Members. In the event of repeal, or if contributions to the System are discontinusd, there
shaA be fult vesfing (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 proportianate
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 discanfinuation being determined by the
Board.
A. Apportionment shall first be made in respect of each retired General
Employee receiving a retirement or disabifity benefit her+eunder an
such date, each person receiving a benefrt on such date on account
of a retired ordisabled (butsince deceased) ,'
eFGeneral Employee 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
assumptians in use for purposes of the most recent actuarial
valuation, provided that, if such asset value 6e {ess than the
aggregate of such amounts, such amounts shall be proportionately
reduced so that the aggregate of such reduced ar�ounts will be equal
to such asset value.
B. If there be any asset value remaining after the apportionment under
36
i
August 29, 2fl03
paragraph A, apportionment shalt next be made in respect af each full
time , enera! Employee in service of the
, ' Village of Tequesta on
such date who has completed at least ten (10) 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 manthly 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 ampunt required to provide said actuaria( equivalsnt of the
accrued normal retirement benefit; provided that, if such remaining
. asset value be less than the aggregate of the amounts appartioned
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 sfial( be made in respect of each futl �me
,' eneral Empioyee in service ofthe�Patie�
, �Itage of Tequesta on such date
who is not entitled to an apportionment ur�der paragraphs A and B in
the amount equal to Member's Ac�umulated Contributions, provided
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 wiii 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 o# the
actuarial equivalent, as described in paragraph A abave, of the
accrued normal refirement 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 walue
be less than the aggregate of the amounts apportioned hereunder
such amounts shall be reduced so that the aggre�ate 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 specfied in paragraphs A, B, C, and D, such excess
shall be retumed to the Village, '
, , ,
37
�
August 29, 2003
,
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
beneflts determined in accordance with this subsection. The Fund may be distributec! in
one sum to the persons entitled to said benefits or the distribution may be carried aut in
such other equitable manner as the Board may dire�t. The Trust may be continued in
existence for purposes af subsequent distributions.
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� 9�rRee:
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 �Ilage.
Section 21. Exempfiion from Execution. Non-assignabilitv.
The pensions, annuities, or any other benefits accrued or accruing to any persvn
under the provisions of this Ordinance and the accumulated cantributions and the cash
securities in the Fund created under this Ordinanve are hereby exempted from any state,
county or municipal tax of the state and shall not be subject to execution, attachment,
gamishment or any legal process whatsoever and shall be unassignable. How�ever,
pursuant to a court su4aort order. the Trustees mav direct that retirement benefits
be oaid for atimonv or child suoaort in accordance with rules and reaulations
adopted bv the Board of Trustees.
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August 29, 2003
Section 22. Pension Y�tidi .
The Board of Trustees shaii have fiJie power #o examine into the facts upon wrhich
any pension shall heretofore have been granted and under any prior or e�asting law, or
shall hereafter be granted or obtained erroneously, fraudulently or illegaily far any reasons.
Said Board is empowered to purge the pension rolls of any person heretofore granted a
pension under prior or exisfing 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 priar or existing law been or who shall hereafter under this
Ordinance be erraneausly, impraperly or illegatly 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 admitted commission, aid or
abatement of the following specified offenses, shall forfeit all rights and benefits under this
Pension Fund, except for tf�e retum of this accumula#ed contributions as of the date of
termination.
1. Specified offenses are as follawrs:
A. The committing, aiding or abetting of an embezzlement of public
funds;
B. The committing, aiding or abetting af any theft by a public officer or
emplQyee from employer,
C. Bribery in cannection with the employment o# a public officer or
employee;
D. Any felony specfied in Chapter 838, Florida Statutes;
E. The committing of an impeachable offense. �
2. The committing ofi any felony by a public officer or employee who wiltfully and
with intent to defraud the public ar public agency, for which he acts or in which he is
employed, of the right to receive the faithful perFormance of his duiy as a pubfic afficer or
employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself
or for some ather person through use or attempted use of the power, rights, privileges.
duties or posi�on of his public oifice or employment position.
39
Augusf 29, 2003
A. Conviction shall be defined as follows:
An adjudication of guilt by a court of competent jurisdiction; a plea of
guilty or n�lo cantendere; a jury verdict of guiity when adjudication of
guilt is withheld and the ac�used is placed on probation; or a
convietion by the Senate of an impeachable offense.
B. Court shall be defined as follows:
Any state orfederal court of competent jurisdiction which is exercising
jurisdicfion to car�sidera proceeding involving the alleged cammission
of a spec�ed offense. Prior farFeiiure, the Board of Trustees shatl
hold a hearing on which notice shall be given to the Member whose
benefits are being considered for forfeitune. Said Member shall be
afforded the right to have an attamey present. No formal rules of
evidence shall apply, but the Member shall be afforded a full
opportunity to present his case against forFeiture.
Any Memb�r who has received benefits from the System in excess of his
accumulated contributions after Member's rights were forfeited shall be
required to pay back to the Fund the amount of the benefrts received in
excess af � his accumulated contributions. The Board of Trustees may
implement all legal action necessary to recover such funds.
Section 24. Militarqr Servece Prior to Em.ployment.
� The years or fractional part�s af years that a Member serves or has senred in the
military service of the Armed Foroes of the United States or United States Merc�ant
Marine, voluntarily or involuntarily, prior to first and inifial employment writh the f�eliee
,' �Ilage of Tequesta shall be added to his/her years of
credited service provided that:
1. The , eneral Employee contributes to #he 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 arediting of service does not result in any cost to the
Fund plus payment of costs for all professional services rendered to the Board in
cannection with the purchase years of credited servic�.
2. The request shall be made only once and made by the Member on or before
#he later of twelve (92) months from the effective date of this Ordinance ar six (6) months
from the date of his/her employment with the ,'
�Ilage of Tequesta, whichever is later.
40
August 29, 2003 �
,;
3. Payment by the Member of the required amount shali be made within six (6)
months of his/her request for credit and shall be made in one tump sum payment upon
receipt of which credited service shall be given. Credited seroice purchased pursuant to
this section shall be counted far all purposes except toward vesting of benefits.
4. The maximum credit under this section shall be five (5) years.
BSJ/ka
August 29, 2003
H:\Tequasta GE 10721PIan Docs12002 Restated Plan Doc.wpd
41
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TO: HONORABLE MAYOR AND VILLAGE COUNCIL
FROM; JAIMES M WEINAND, CHAIRMAN OF PUBLIC SAFETY PENSION TRUST FU
SUBJECT.- PENSION PLAN REVISIONS
DATE: 10/29i2003 �
On March 13, 2003, 1 appeared befare the Vllage Council to seek direction on some
changes to the Pubiic Safety Pension Trust Fund. At that meeting t advised you that fhe
pension plan needed to be revised to inciude some mandatory changes required by
State Statutes and some permissive changes that aur Board Attomey idenf�ed we
should consider.
1Ne are required by law to use the excess state supplemental funds to provide additional
pension pian beneftts #o the Firefighters and Police Offices, It is my understanding that
the decision on what additional benefrts to add rests soiely with the Pension Board of
Trustees. Being concemed with #he tong reaching impact of these decisions on the
Village of Tequesta we asked for your input at the March 13, 2003, Councit Meting. � You
advised us to make the benefit changes equal for both Police Officers and Firefighters,
which we have done.
On October 21, 2003, the Board of Trustees for the Public �af�ty Pension Trust Fund
� unanimously approved the attached Ordinance. This Ordinance makes ail the
necessary statutory changes and provides extra benefits for the Police Offtcers and
Firefighters. The extra benefits are: the addition of a D.R.O.P. program, the addfion of
a health insurance subsidy program, changing the vesting time from ten years to six
years, and adding a tiered multiplier far ye�rs of service. For you convenience we have
included a strike out version of the proposed Ordinance so you can easily denote the
proposed changes.
Our actuarial fiRn has compteted impact statements on the benefit changes and has
reported that ail the praposed changes can be implemented from the excess state
supplemental funds and that th�ir will be no impact on the vllage's confibution rates.
We hav� asked the Pertsion Board Attomey (BoRnie Jensen) to be present at the
meeting to answer any questions that you may have on this proposed Ordinance.
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:1Administration DocumentsiPension File\vllage Councii Pension Changes 10292003.doc .
�
�
I�CAI�TSON, PERRY � �ENSEN, I�.�. �
105 Souni NaRCissus Avewue, Surre 510 — Wesr Pa�na BEncH, F�oaioa 33401-5527
�NSON* TELEPHONE (56t) 655-5840
rt., ..on�hpjlaw.com FACSIMILE (561) 655-5920
ANN H. PERRY '
aperryC�?hpjiaw.com
BONNI SPATARA JENSEN September 29 � 2��3
bsjensen@hpjlaw.com
'n�so Aoremec w N.Y. '
VIA FACSIMILE AND FIRST CLASS MAIL
Michael R. Couzzo, Jr.
Village Manager �
25Q Tequesta Drive, Suite 300
Tequesta, Florida 33469 �
Re: Village ofTequesta General Empioyees Pension
Trust Fund - Proposed Amendment
Our File Number: 1012.50
Dear Mr. Couzzo:
Enclosed please find a proposed amendment to the Village of Tequesta General
Employees Pension Trust Fund. The amendment has been approved by the Board of
Trustees. Ttie amendment provides for the following:
1. Separates the General Employee Trust and benefits from the Trust and
benefits for the Public Safety Employees.
2. Reduces the vesting from 10 years to 6 years. This includes an early
retirement at age 50 with 6 years of service and a pre-retirement death
benefit after 6 years of service.
3. Adds language to comply with federal and state law requirements.
The amendment is proposed to t�e effectiv� as.o€ �assage: Plsase �c�ntact me at
your earliest convenience to d'iscuss this amendment.
Sincerely yours,
� . ..�-�� ��
,
Bonni S. Jensen
BSJIka '
Encl.
Copy to: Chairman and Secretary
Dan Gallagher
�� H:\Tequesta GE 10121VIIage�Manager�Couuo.wpd
Village of Tequesta
�
. -a
PUBLIC SAFETY OFFICERS' `
. TRUST PENSION TRUST FUND
"STRIKEOUTS & UNDERLINING"
This document contains � indicating words that will
be stricken from the final document, and underlined words,
indicating those words that will be � added to the �nal
document upon passage.
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October 24, 2003
EXHIBIT "$"
VILLAGE OF TEQUESTA
PUBLIC SAFETY OFFICERS' PENSION TRUST FUND
' Section 1. Creation of Pension Trust Fund
The Villaae of Tec�uesta h erebv creates and continues the Viilaae of Tectuesta
Public Safetv OfFicers' Pension Trust Fund for the nurnnse ef hr�����.,� rofirner�nnf
death and disabil�tv benefits to Pol�ce Officers and Firefahters whe a�p nnp.r,t,pr�.,f
this Fund, certain former Villaae Police Officers and Firefiahters an 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
�-�1-a�-Po�mortality #�te tables utilized bv the Board's actuarv or actuaries, and an 8%
rate of interest.
Average Final Compensation shall mean one-twelfth (1/12) of the average salary
of the five (5) best years of the last ten (10) years of credited service prior to retirement,
termination, or death or the career average as a full time Firefighter, or
Police Officer, whichever is greater. A year shall be twelve (12) consecutive months.
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 o�� Board of Trustees mean� e'tt�r-t-�
the Public Safeiy Board of Trustees, which
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October 24, 2003
shall administer and manage the System herein provided and serve as Trustees of the
Funds for the benefit of Villaqe Police Officers and Firefiahters and their. beneficiaries
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Chapters means Chapters 175 and 9 85 of the Florida Statutes as amended from
time to time.
Code means the lnternal 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 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 or ��-may not i� have been employed by the
Village of Tequesta. A plan member may voluntarily leave his/her contribution in the Fund
for a period of five (5) years after leaving the employ of the Village of Tequesta pending
the possibility of being rehired in a full time position by the Village of Tequesta without
losing credit for the time of active participation as a plan member. Should the employee
not be re-employed with the Village of Tequesta in a full time capacity within five (5) years,
his/her contributions shall be retumed to him/herwithout interest. Should a Police Officer
or Firefiqhter be subseauentiv re-emploved as such, he or she mav re-aurchase his
or her vears of credit or fractional aarts of vears of credit bv reimbursinq such
returned contribution to the Fund, with interest.
The years orfractional parts of years that a Firefighter, or Police Officerf��a+
� erves in the military service of the Armed Forces of the United States or the
United States Merchant Marine, voluntarily, upon being granted leave by the Vil(age of
Tequesta and separation from employment as a Village of Tequesta plan member, shall
be added to his/heryears of credited service for all purposes including vesting, provided
that:
A. The Firefighter or Police Officer must retum to his/her full time employment
with the Fire Department or Police Department
ithin one (1 }
year from the date of his/her military discharge.
,
�B. The maximum credit for military service shall be five (5) years.
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October 24, 2003
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Effective Date means the date on which this Ordinance becomes effective.
Fire Department means the Tequesta Fire Department.
Firefighter means an actively employed full-time person employed by the Fire
Department, including his initial probationary employment period, who is certified or.
reQUired to be certified as a Firefighter as a condition of employment in accordance with
the provisions of 633.35 Florida Statutes, includinu aaramedic, and whose duty is to
extinguish fires, to protect life and to protect property .
, ,
r'— ---r r. �_�rm�i f�r�t'�i--rra��ne—a� � ..� c a a . .. �,
�— J v a��v uvu�u v� ��uo�cc� r�uv�urrr
Fund�s-means the Trust Funds established herein as part of the System;
Member means an actively employed Police Officer, or Firefighter
��-that fulfills the applicable prescribed �#tei�#fe�r membershia requirements.
Police Department means the Tequesta Police Department.
Police Officer means any person who is elected, appointed, or employed full time
by the Village, who is certified or required to be certified as a law enforcement officer in
comp(iance with Florida Statute 943.1395, who is vested with authority to bear arms and
make arrests, and whose primary responsibility is the prevention and detection of crime or
the enforcement of the penal, criminal, traffic or highway laws of the state. This definition
includes all certified supervisory and command personnel whose duties include, in whole
or in part, the supervision, training, guidanee, and management responsibilities of full-time
law enforcement officers, part-time law enforcement o�cers or auxiliary law enforcement
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October 24, 2003
officers as the same are defined in F.S. 943.10(6) and (8) respectively. Police Officer also
shall include a public safety officer who is responsible for performing both police and fire
services.
Public Safety Board means the.Public Safety Board of Trustees provided hereunder .
to administer and manage Funds for the benefit of Public Safety Officers. �
Public Safety Officers means Firefighters and/or Police OfFicers.
Salary means:
"�'��' ��'��. The� total cash remuneration paid to a police officer or
fireficthter for services rendered. —
��
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S ouse 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 aolicv adoated
bv the Board pursuant to th�s Ord�nance and F S 112 661 et sea which shall aaplv
to funds under the control of each board.
S stem means the Village of Tequesta Employees' Pension Trust Funds as
contained herein and all amendments thereto.
Vested deferred retirement means a Member who leaves the emalov of the
Villa e witn � or more vears of cred�ted service and who is not eliqible for anv
retirement benefit. This benefit is aavable at earlv or normal retirerr�ent
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.
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October 24, 2003
Section �3. � Membershia
� 1. Condition of Eligibilitv
All full time Police Officers and Firefighters as of the effective date, and all
future new full time Police Officers; and Firefighters
shall become Members of this System as a condition of employment,
except that particiaation in this svstem is optional for the Police Chief
and the Fire Chief.
2. Membership
Each full time Police Officer; or Firefighter hall
complete a form prescribed by the Board which may include the following
information:
A. Acceptance of the terms and conditions of the Retirement System,
and,
B. Designation of a beneficiary or beneficiaries, and,
C. A certified statement as to prior medical and/or psychological history.
� 3. Chanqe in Designation of Beneficiarx
A member may from time to time change his designated beneficiary by
written notice to the Board upon �orms provided by the Board. Upon such
change, the rights of alf previously designated beneficiaries to receive any
benefits under the System shall cease.
Section 3�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 �ta-��-} a Boards of Trustees,
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The Public Safety Board shall consist of five (5) Trustees, two (2) of whom, unless
� � otherwise prohibited by law, shall be legal residents of the '. Vil�, who shall
be appointed by the Tequesta Village Council, and one {1) of whom shall be a fu11-time
Police Officer member of the System 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 person seeking to fill a designated employee representative
Board member seat shall be separately elected by their full-time co-workers who are
members of the System in the applicable employee representative group, e.g. Police
Officer; or Firefighter in which they are employed and shall be
elected by a majority of the full-time employees who are Members of the System within the
applicable employee representative group. Upon receipt of the fifth (5�') person's name
, the Tequesta Village Council shall, as a ministerial duty, appoint such
person to the Public Safety 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 Council at whose pleasure the Trustee shall serve, and may succeed
himself or herself as a Trustee. Each Police Officer or Firefighter
Trustee sha{! 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 vacates his/her office as Trustee, whereupon a successor shall be chosen in the
manner as the departing Trustee. Each employee representative Trustee may succeed
himself or herself in office. The Public Safety Board
shall meet at least quarterly each year. Such Boards shall be a� legal entit�i�s� with, in
addition to other powers and responsibilities contained herein, the power to bring and
defend lawsuits of every kind, nature, and description.
2. �E�et� 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 Trustee shall be entitled to one vot .�-r '�'hree
(�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 Boards of Trustees shall engage such actuarial, accounting, legal, and
other services as shall be required to transact the business of the Retirement System to
administer and manage their funds and to meet the requirements of applicable law. The
6
October 24, 2003
compensation of all persons engaged by the Boards of Trustees and all other expenses
of the Boards necessary for the operation of the Retirement System shall be paid from the
Funds 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 Boards of Trustees shall include, but
nat necessarily be limited to, the following:
A. To construe the provisions of the System and determine all questions
arising thereunder.
B. To determine al( 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 '-#�°rep
, and to notify the disbursing agent, in writing,
of approved ��r ension payments and other expenditures arising
through operation of the System and the Funds
��.
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
System.
I. Ensure compliance with Article X, Section 14, of #he 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
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October 24, 2003
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.
N. To ado t and be auided bv Statements of Investment Policv
a licable to all funds under the control the Public Safetv Board
of Trustee� and of the General Emplovee Board of Trustees as
re u�red from time to time bv F S 112 661 et sea and/or itc
successor statutes. —
Section �5. �inance And Fund Management.
Establishment and Operation of Fund.
1. As part of the System, there is hereby established �3 a Funds, 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 Funds (and assets thereo� shafl be
vested in the Boards of Trvstees. Payment of benefits and disbursements from the Funds
shall be made bythe Villa e as the Board's aqent ' , but only upon written
authorization from the Boards.
3. All funds and securities of the Funds may be deposited by the Boards of
Trustees with the T�easurerofthe ' Villaae, acting in a ministerial capacityonly,
who shall be liabte in the same manner and to the same extent that as he is liable for the
safekeeping of funds for the fl�ia Vil�, However, any funds and securities so
deposited with the Treasurer of the t�ttn�ie�+i#� Vil� shall be kept in separate funds by
the Treasurer or clearly identified as such funds and securities of the �r�rF��e
� Safety OffcerTrust Fund. In (ieu thereof, the Boards of Trustees
shall deposit the funds and securities of the Funds 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 shal! conform to and be bound by all
of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment
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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 investment decisions and management. Such
investment m anager o r m anagers s hall h ave d iscretion, s ubject t o a ny g uidelines a s
prescribed by the Board, in the investment of all fund assets.
4. All funds and securities of the System sha(i be accounted for separately based
upon the #�tr�{3j two 2 applicable employee classes within the Fund namely, the Police
O�cers and Firefighters in the Public Safety Officers Trust Fund
� . Accurate records shall be maintained
at all times reflecting the financial composition of the Funds and of the accounts in place
to .segregate the assets of the employee classes covered by the System, including
accurate current accounts and entries as regards the following:
A. Current amounts of Accumulated Contributions of Members on both
an individual and aggregate account basis, and
B. Receipts and disbursements, and
C. Benefit payments, and
D. Current amounts clearly reflecting al�l moneys, funds and assets
whatsoever attributable to contributions and deposits from the Village,
Couniy 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.
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 ass�ts
and a statement of all income and disbursements during the year for each Fund. Sueh
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 Boards of Trustees shall have the following investment powers and
authority: .
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October 24, 2003
A. The Boards of Trustees shafl be vested with full legal title to the
Funds, subject, however, and in any event to the authority and power
of the Tequesta Village Council to amend or terminate this Trust,
provided that no amendment or Fund termination shall ever result in
the use of any assefs of the Funds except for #he payment of regular
expenses and benefits underthis System. Afl contributions from time
to time paid into the Funds, and the income thereof, without
distinction beiween principal and income, shall be held in the Fund
and administered by the Boards or � its Agents ' .
B. All moneys paid into orto be held shall be invested and reinvested by
the Boards and #he investment of all or any part of such funds shall
be limited to:
(1) Annuity and life insurance contracts of life insurance companies
in amounts sufficient to provide, in whole or in part, the benefits to
which all of the participants in the Fund shall be entitled under the
provisions of the Plan and pay the initial and subsequent premium
thereon.
(2) Time or savings accounts of a national bank, a state bank e�
. insured bv the Bank Insurance Fund, or a savinas
and loan association insured bv the Savinas Association
� Insurance Fund which is administered bv the Federal Deposit
Insurance Corporation or a state or federal chartered credit
union whose share accounts are insured bv the National Credit
Union Share Insurance Fund.
(3) Obligations of the United Sta#es or obligations guaranteed as to
principa! and interesfi by the govemment of the United States.
(4) Bonds issued by the State of Israel.
(5) Bonds, stocks, commingled funds administered by National or
State Banks or evidences of indebtedness issued or guaranteed by
a corporation organized underthe laws of the United States, any state
or organized territory of the United States, orthe District of Columbia,
provided that the corporation is traded on a nationally recognized
Exchange and in the case of bonds onl holds a rating in one of the
four#t�� highest classifications by a major rating service, and if such
investments are made in a pooled fund administered by a state or
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October 24, 2003
national bank, then the rating of each issue in the pooled fund shall
hoid a rating within the top four #-I�� (�4) rating classifications of a
major rating service.
. (6) Real estate.
(7) Up to 10% of Plan assets mav be invested in foreian
securit�es.
(� 8) A II m onies p aid i nto o r h eld i n t he Pension Fund s hall b e
invested and reinvested by the Boards of Trustees and the investment
of all or any part of such funds shall be invested in accordance with
an established investment policy adopted by the Board of Trustees.
C. The Boards of Trustees shall not invest more than five percent (5%)
of its assets in the common stock or capital stock of any one issuing
company, nor shall the aggregate investment in any one issuing
company exceed five percent (5%) of the outstanding capital stock of
that company; nor shall the aggregate of its investments in common
stock, capital stock and convertible bonds at cost exceed �psix
percent (�@°/6 60%) of the assets of the Fund.
D. The Boards of Trustees may retain in cash and keep unproductive of
income such amount of the Fund as #+� it may deem advisable,
having regard for the cash requirements of the System.
E. No person or entity shall be liable for the making, retention or sale of
any investment or reinvestment made as herein provided, nor for any
loss or diminishment of the Fund, except that due to his or its own
negligence, willful misconduct or lack of good faith.
F. The Boards may cause any investment in securities held to be
registered in or transferred into their name as Trustee or into the
name of such nominee as they may direct, or they may retain them
unregistered and in form permitting transferability, but the books and
records shal( at all times show that all investments are part of the
Trust Funds.
G. The Boards 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 attomey with or
without power of substitution; to participate in mergers, �
reorganizations, recapitalization, consolidations and similar
11
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October 24, 2003
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 orwith depositories designated thereby; to amortize
or fail to amortize any part of all of the premium or discount resulting
� , from the acquisition ordisposition of assets; and generallyto exercise
any of the powers of an owner with respect to stocks, bonds, or other
investments comprising the Fund which. it may deem to be the best
� interest of the �Funds to exercise. This responsibilitv mav be
deleaated to an Aqent for the Board
H. The Boards 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 the Board is required to take on any duty
or f unction w hich i t i s required t o p erform e ither u nder t he t erms
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
dufy 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 �r� 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 sha11 sustain no liabilitywhatsoeverforthe sufficiency of
a Fund to meet the payments and benefits herein provided.
' , ,
,
iVfL-. Any of the foregoing powers and fcanctions reposed in � the Board
may be performed or carried out by the Board through duly authorized
Agents, provided that the Board at all times maintains continuous
12
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� October 24, 2003
� supervision over the acts of any such Agent; provided further, that
legal title to � the Fund shall always remain in the Boards of Trustees.
f�d M. �The Board shall not invest more than ten percent (10%) at cost of
its assets in. real property or real estate and there shail be no
investmen.t in a limited partnership or trust.
N. The Villaae shall maintain Fiduciarv Liabilitv insurance to covPr
the membea�s of the Board of Trustees..
Section �6. Contributions
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 Boards of
Trustees �#�f�ast after the withholdina of such
contributions. The contnbutions made by each Memberto the Fund
shall be designed as employer contributions pursuant to Section
414(h) of the ode ef 1-9SG. Such designation is
contingent upon the contributions being excluded from the Members'
gross income for Federal Income Tax purposes. For afl other
purposes of the Plan, such contributions shall be considered to be
Member contributions.
B. Methad. Such contributions shall be made by payroll deduction.
2. State Contributions
Any monies received or receivabte 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 segrega#ed 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 eafl#t�t�s to the Trust Funds in an amount equal to the ���re�
,
,
, ,
13
� October 24, 2003
�
. normal cost and the amount re4uired to fund
anv actuarial deficiencv shown bv an actuar�al valuation as provided in Part VII of
Lnapter 7'I2 Flonda Statutes
4. Other
Private donations, gifts and contributions may be deposited to the Funds, 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 f7. Benefit Amounts and Eligibili
1. Normal Retiremen# Date.
A Member's normal retirement date shall be the first day of the month
coincident with, or the next following the earlier of:
a) attainment of age fifty-five (55) and the completion of six 6�-8-j
years of credited service, or
b) attainment of age fifty-two (52) and the compfetion of twenty-five (25)
years of credited service.
se�tiee;
A Member may retire on his normal retirement date or on the first day of any
month thereafter, and each Member shall become 100% vested in his
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 ,
a�Ife�Hf�on or after the norrr�al retirement date.
14
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October 24, 2003
2. Normal Retirement Benefit.
A Member retiring hereunder on or after his normal retirement date shall
receive a monthly beneft which shall commence on his Retirement Date and be continued
thereafter during the Membe�'s lifetime, ceasing upon death, but with one hundred twenty
(120) monthly payments guaranteed in any event. The monthly retirement benefit shall
equal:
,
,
3.0% for the first 6 vears of service
3.5% for the next 4 vears of service
4.0% for the next 5 vears of service
2.5% for the next 6 vears of service
2.0% for all vears after 21 vears
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 Refiirement 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 twentv (120) monthlv pavments auaranteed in anv 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 Police Officer, or Firefighter, and shall be
continued on the frst 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
15
October 24, 2003
determined as of his early retirement date; or �
B. An immediate monthly retirement benefit which shall commence on �
his/her early retirement date and shall be continued on the first day of
each month thereafter. The benefit payable shall be as determined
in paragraph A above, which is actuarially reduced from the amount �
to which he/she would have been entitled had he/she retired on
his/her normal retirement date and with the same number of years of
credited service as at the time his/her benefit commence and based
on his average final compensation at #hat date. ln no event shall #he
early retirement reduction exceed=
- three percent (3%)
� , ,
. ; , ,
' � � • ,
, , - (�r%}
each year by which the commencement of benefits precedes the Member's normal
retirement date. �
Section �8. Pre-retirement Death
If a plan member dies prior to retirement from the Village of Tequesta his/her
beneficiary shall receive a benefit as
follows:
A. Line-of-Duty-Death-Benefit is a pension to the spouse (or children) for
life in the amount of 50% of Average Final Compensation-#�i#�.
B. Non-Line-of-Duty-Death-Benefit the spouse of a member with 6�-9
years of credited service will receive the actuarial equivalent of the
accrued normal retirement benefit.
C. In lieu of the benefits provided in A or B above, the beneficiary of a
police oificer or firefighter, with 6�-8 or more years of service who
dies prior to retirement, may receive the benefits otherwise payable
16
October 24, 2003
to the police officer at what would have been his early or normaf
retirement date.
�r�#�i�
. �
,
,
��:
,
,
Section $9. DISABILITY.
1. Disability Benefits On-Dut�
Each full time employee who is a participant in the Pension Fund System and who
� becomes totally and permanently disabled while an active employee of the
Village of Tequesta to the extent that he/she is unable, by reason of , a medically
determinable physical or mental impairment, to render useful and efficient service as a
Police Officer, or Firefighter, , as was provided by the emp(oyee in
their classification (Police Officer, or Firefighter, ) prior to the alleged
impairment, which disability was directly caused by the performance of his/her duty as a
Police Officer; or Firefighter, shall upon establishing the same to the
satisfaction of the Board, be entitled to:
A. If the injury or disease is service connected, the employee shall be �
entitled to the greater of (1) or (2):
17
October 24, 2003
�� ) .
,
� � : a monthly pension equal
to 42% of his/her average month(y compensation as of his/her
disability re#irement date, or
(2) an amount calculated on the basis of the Normal
Retirement Benefit.
,� .
Any condition or impairment of health of Pofice Officer or Firefighter caused
bytuberculosis, hypertension heaatitis, meninaococcal meninaitis orheart
� disease shall be presumed to have been suffered in the line af duty unless
the contrary is shown by competent evidence, provided that such Police
Officer or Firefighter shall have successfully passed a physical examination
upon entering into such service, including cardiogram, which examination
failed to reveal any evidence of such condition; and provided further, that
such presumption shall not apply to benefits payable or granted in a policy
of life insurance or disability insurance. !n order to be entitled to the
presumption in the case of heaatitis, meninqococcat meninqitis or
tuberculosis the member must meet the reauirements of Section
112.181. Florida Statutes.
2. Disability Benefits Off-Duty
Every Poiice Officer, or Firefighter er�T�}e��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 e�
hich disability is not directly caused by the performance of his/her
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October 24, 2003
duties as a Police Officer; or Firefighter shall be entitled to:
�k:
, ,
the greater of (A�-)
or (B�):
tA�) .
,
� . a monthly pension equal
to 25% of his/her average monthly compensation as of his/her
disability retirement date, or
(B�) The accrued Normal Retirement Benefit�
3. Conditions Disqualifying Disability Benefits
Each Police Officer; or Firefighter ho 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 susfained 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 Police Officer with the Tequesta Police Department;
19
October 24, 2003
or a Firefighter with the Tequesta Fire Department-af-6��r�}
F. Injury or disease sustained by #-f�a Police Officer, �F��tg��r-�
while working for anyone other than the Tequesta
Police Department,
, ,
� and arising out of such
employment. �
G. Injury or disease sustained by the member before employment with
the Village begins. This subparagraph applies only in the event of a
duty injury or disease.
4. Phvsical Examination Requirement
An employee shall no# become eligible for disability benefits until and unless
he/she undergoes a physica! examination by a qua(ified physician or physicians and/or
surgeons, who shall be sefected by the Board for that purpose.
Any person receiving disability benefit under provisions of this Ordinance may
be p eriodically re-examined b y a q ualified p hysician o r p hysicians a nd/or s urgeon o r
surgeons who shall be selected by the Board, to determine if such disability has ceased
to exist. If the Board finds that the retiree is no longer permanently and totally disabled to
the extent that he/she is unable to render useful and efficient service as a Police Officer;
or a Firefighter, the Board shal! recommend to the Village that the
� retiree be returned to their previous perFormance of duty as a Police Officer; or Firefighter,
, and the retiree so retumed shall enjoy the same rights that Member
had at the time he/she was placed upon pension. In the event the retiree is so ordered to
retum shall refuse to comply with the order within thirty (30) days from the issuance
thereof, Member shall forFeit the �ight 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 e#-##is
� . All other reasonable costs as determined by the Board incident to
the physical examination, such as, but not limited to, transportation, meals and hotel
a�commodations, shall be bome by the Board.
!f the retiree recovers from disability and reenters his/her former service with
the Village of Tequesta held prior to disability retirement, his/her service will be deemed
to have been continuous, but the period beginning with the first month for which he/she
received a disability retirement income payment and ending with the date he/she reentered
the service of the Village will not be considered as credited senrice for the purposes of the �
Plan.
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October 24, 2003
The Board shall have the power and authority to make the final decision
regarding all disability claims. �
5. Disability Payments
The mon#hly benefit to which a Member is entitled in the event of the
Member's disability retirement shall be payable on the ftrst day of the first month after the
Board of Trustees determines sucM entitlement. However, the monthly retirement income
shall be payable as of the date the Board determined such entitlement, and any portion
due for a partial month shall be paid together with the first payment. The last payment will
be:
A. If the plan member recovers from the disability or attains his/her
normal retirement date, the payment due next preceding the date of
such recovery, or
B. If the plan member dies without recovering from the disability prior to
his/her normal retirement date while still disabled, the payment due
next preceding his death or the 120�' monthly payment, whichever is
later.
Section 10. Monthlv Suaulemental Benefits
1. Effective October 1. 2003 anv retiree or beneficiarv re ceivina qension
benefrts is entitled to a monthlv supplementa[ aension benefi# of $5 per vear
� of service, up to a maximum benefit of $150 00 .
2. This benefit shall be aavable monthlv as a part of the reaular monthlv
pension benefit. The benefit shall be pavable to the retiree and anv
beneficiarv. The benefit shall cease upon the death of the mPmhPr nr
beneficiarv.
Section 911. Vestina.
If a Member terminates his employment with the Village of Tequesta, either
voluntarily or by discharge, and is not eligible for any other benefits under this System, the
Member shall be entitled to the following:
1. If the Member has less than six 6�}-years of credited service upon
termination, the Membershall be entitled to a refund of his accumulated contribution orthe
Member may leave it deposited with the Fund.
21
October 24, 2003
2. If the Member has six 6#�;fl-f�-8}-or more years of credited service upon
termination, the Member shall be entitled to a monthly retirement benefit that is the
actuarial equivalent of the amount of such retirement income otherwise payable to him
commencing at the Member's otherwise normal or early retirement date, provided he does
not elect to withdraw his accumulated contributions and provided the Member survives to
his normal or early retirement date.
_ ,
. ,
� - ,
,
,
. �
, ,
,
, , .
Section �-912. Optional Forms of Benefits
1. In lieu of the amount and form of retirement income payable in the event of
normal er early, or disabilitv retirement as specified herein, a pfan member, upon written
request to the Board of Trustees
,' , and subject to the approval of the
Board of Trustees, may elect to receive a retirement income or benefit of equivalent
actuarial valuation payable in accordance with one of the following options:
A. A retirement income of a larger monthly amount, payable to the
Member for his/her lifetime only.
B. A retirement income of a modified monthly amount, payable to the
22
October 24, 2003
Member during the joint lifetime of the Member and a dependent joint
pensionerdesignated bythe Memberand following the death ofeither
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, payable under the
Plan in the event of the Member's death, and wiU have the power to change such
designation from time to time, but any such change shall be deemed a new election and
will be subject to approval by the Board of Trustees. Such designation will name a jaint
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 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 Police Officer or Firefighter upon designation of a new joint pensioner shall
be actuarially redetermined taking into account the age and sex of the former joint
pensioner, the new joint pensioner, and the Police OfFicer or Firefighter. Each such
designation will be made in writing on a form prepared by the Board of Trustees and on
compfetion will be fi(ed with the Board of Trustees.
In the event that no designated beneficiary survives the Member, such benefits as
are payable in the event of the death of the Member subsequent to his/her retirement shall
be paid as provided in Section�-�-12.
5. Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shalf be subject to the following
limitations:
A. If a M ember d ies p rior t o h is/her n ormal retirement d ate o r e arly
retirement date, whichever occurs, no retirement benefit wifl be
23
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October 24, 2003 �
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 f.arm
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 bythe Member priorto 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 subsectian 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 �-1-12.
D. If a Membercontinues beyond his/her normal retirement date pursuant
to the provisions of Section 67, subsection 1, and dies priorto 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 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. Beneficiaries
1. Each Member may, on a form provided for that purpose, signed and filed with
the Board of Trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if
any, which may be payable in #he event of his/her death; and each designation may be
revoked by such Member by signing and frling with the Board of Trustees a new
designation-of-beneficiary form.
2. If a deceased Member fails to name a beneficiary in the manner prescribed in
subsection 1, or if the beneficiary (or beneficiaries) named by a deceased Member
predeceases the Member the death benefit, if any, which may be payable under the Plan
24
9
October 24, 2003
with respect to such deceased Member may be paid, in the discretion of the Board of
Trustees, either to:
A. The wife or dependenf 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
A. Anv member who is eliaible to receive a normal retirement pension
mav participate in the DROP. Members shall elect to participate by
applvinq to the Board ofTrustees on a form provided forthat purpose
B. Election to participate shatl be forfeited if not exercised within the first
twentv-seven (� years of combined credited service However
participation in the first years of enactment will be extended to those
members with twenfii-eight (28) vears of service in 2003
C. A member shall not participate in the DROP beyond the time of
attaininq 30 years of service and the total years of participation in the
� DROP shall not exceed five (5) years. For example•
(1) Members with finrenty-five �� 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 entrv shall only participate for four (��rears
�3) Members with twenty-seven (27�years of credited service at
time of entrv shall onlv participate for three (3) years
D. Uqon 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 underthe Pension Fund For a(I Fund purposes the member
becomes a retirant. The amount of credited service and final averaae
salarv freeze as of the date of entry into the DROP.
2. AMOUNTS PAYABLE UPON ELECTION TO PARTIG(PATE 1N DROP
25
October 24, 2003
A. Monthl retirement benefits that would have been � payable had the
member terminated employment with the department and elected to
receive monthfv pension payments will be paid into the DROP and
credited to the retirant Payments into the DROP will be made
monthlv over the period the retirant participates in the DROP up to a
maximum of sixty �60) months
B. Pavments to the DROP eam interest using the rate of investment
return eamed on Pension Fund assets durinc� the twelve�12) month
period endina September 30th The rate determineci shall be the rate
reported to the Division of Retirement pursuant to Part VII of Chapter
112. Flonda Statutes However if a police officer does not terminate
emalovment at the end of participation in the DROP interest credits
shall cease on the current balance and on all future DROP deposits
C. No pavments will be made from DROP until the member terminates
employment with the department
D. Upon termination of employment �articipants in the DROP will
receive the balance of the DROP account in accordance with the
followin , rules: �
11) Members may elect to begin to receive payment upon
termir�ation of employment or defer payment of DROP until the
latest dav as provided under sub-subparactraph c
(2) Pavments 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 wip 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. Annuitv - the account balance will be used to_.,purchase
an annuitv to be paid monthly the first payment to be
made uqon approval by the Board of Trustees The
annuitv must be purchased from an insurer licensed to
sell such annuities in Florida.
f3) Anv form of payment selected by a pofice officer must com�ly
26
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October 24, 2003
with the minimum distribution req uirements of the IRC
. 401(A)t9� e.a. pavments must commence by age 70'/2
� (41 The beneficiarv of the DROP participant who dies before
pavments from DROP begin shall have the same right as the
participant in accordance with Ordinance
Section �z15. Claims Proc�dures 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 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 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 m edical release authorization and a list of
names and addresses of all treating health care providers for such
. review of disability claims; provided, that the Board may extend the
time for entering such order by an additional forty-five (45) days if it
determines such time is necessary for discovery in full and adequate
review.
2. In the event that the order from the Board denies the claim for a change in
such benefits or denies the claim for benefits, the order of the Board shall be
put in writing. Such written order shall include:
A. The specific reasons for the denial, including specific references to
pertinent provisions of the retirement system on which such denial is
based;
B. A description of any additional material or information that the Board
feels is necessary for the Member to perfect his/her claim, together
with an explanation of wrhy such material or information is necessary;
and .
27
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October 24, 2003
C. An explanation of the review procedure next open to the Member.
Such review procedure shall provide that:
(1) Prior to such review, the Member or his/her duly authorized
representative may review any pertinent documents including Plan
provisions, minutes of the meeting of the Board in which denial fo the
claim was originally recommended, and any other documents material
to the case;
(2) After such review, the Member and/or his/her duly authorized
representative shall submit their case in writing to the Board and
request a hearing. Such submission shall be filed with the Board no
later than ninety (90) days after the receipt of the order of the Board.
Upon receipt of the written submission by the Member, the Board
shall schedule an opportunity for a full and fair hearing of the issue
within the riext 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 shal! include the reasons for such
decision and, such decision shall be final.
� (a) The Chairman shall preside over the hearing and shall
rule on all evidentiary and other legal questions that
arise during the hearing.
(b} Either party, the claimant or the Board, may file
pleadings within the time limits set herein. Procedural
motions are to be determined by the Chairman of the
Board at any time. All parties are to fumish copies of all
pleadings to the opposing parties and exchange lists
with names and addresses of witnesses expected to be
called to testify at the hearing, as well as the list of
exhibits that are intended to be introduced, at least
forty-five (45) days prior to the hearing. Testimony of
witnesses shall be under oath or affirmation.
Depositions or affidavits shall not be admissible unless
upon stipulation by all parties. The Chairman, any
Member of the Board, the attorney for the Board, the
claimant and the claimant's attomey, upon recognition
28
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October 24, 2003
by the Chairman, may direct questions to any witness
during the proceedings. Each party shall have the right
to present evidence r�levant 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 aH 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. Reqorts to Division of Retirement.
Each year � no Iater than March 15�', the Chairman of the �� Board
shall file two (2) separate reports with the Division of Retirement containing the following
relative to the Police Officers and Firefighters of the Plan:. The Police Officer report
shall be separate from the Firefiqhter reuort.
1. Whether in fact the ilA�a� '�p Villaae is in compliance with the provisions of
Chapters 175 and 185 Florida Statutes.
2. A certified statement of accounting for the most recent fiscal year of the
f�ta�iei}�fi�p Vil� (or an independent audit by a certified public accountant if required
by the Division of Retirement) showing a detailed listing of assets and methods used to
value them and a statement of all income and disbursements during the year by the Public
Safety Board. Such income and disbursements shall be reconciled with the assets at the
beginning and end of the year.
3. A statistical exhibit showing the number of Police Officers on the force
of the Village, fihe number included in the Pension Plan. the number of Police
29
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� October 24, 2003
O�cers ineliqible, classified a�cordinq to the reasons for their beinq ineliqible and
the number of disabled and re�ired Police Officers and their beneficiaries receivinq
pension qavments and the amounts of annual retirement inr_nmp �r na►,��...,
pavments be�nq rece�ve bv them.
� 4. A statistical exhibit showing the number of Firefighters on the force of the
'' ' Vil�, the number included in the Pension Plan, the number of Firefighters
ineligible, classified according to the reasons for their being ineligible, and the number of
disabled and retired Firefighters and their beneficiaries receiving pension payments and
the amounts of annuaf retirement income or pension payments being received by them.
4. A statement of the amount the '' ' Vil� has contributed to the
Public Safety Pension Fund for the preceding plan year and the amount the ��ati#�
Vil� will contribute to the Public Safety Pension Fund for the current plan year.
5. 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.
6. 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 lncome Security Act of 1974 and who is a
� Member of the Society of Actuaries or the American Academy of Actuaries.
m
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30
October 24, 2003
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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 fhe same shall cease to be paid. Additionally, the Secretar�s� shall
� keep a record of all Police Officers; and Firefighters employed by
the f�Fa�ie�i� Vil� 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 Professionats
The Boards may employ independent legal counsel at the Pension Funds' expense
forthe purposes contained herein, togetherwith such other professional, technical, or other
advisors as the Boards deem necessary.
Section �-619. 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 -
+�-a�: limits contained in §415 of the Code.
31
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Octo6er 24, 2003
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October 24, 2003 �
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�-82. 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 ,lanuary 1, 1980, shall not exceed 10Q percent of his average final
compensation. However, nothing contained in this section shall apply to
supplemental retirement benefits orto pension increases attributable to cost-
of-living increases or adjustments.
B. No member of the Plan who is not now a member of such Plan shall be
allowed to receive a retirement benefit or pension which is in part or in whole
based upon any service with respect to which the member is already
receiving, or will receive in the future, a retirement benefit or pension from
another retirement system or plan. This restriction does not apply to social
security benefits or federal benefits under Chapter 67, Title 10, U.S. Code.
Section �20. Commencement of Benefits
1. Unless the Member otherwise elects, with such election being in writing and
to the Trustees and specifying the form of retirement income and date on which the
retirement income is to commence, the payment benefits under the Plan to the Member
shall commence not later than the 60�' day after the close of the Plan Year in which the
latest fo(lowing events occur:
A. The attainment by the Member of age 65;
B. The 90 anr�iversary of the date on which the Member commenced
participation in the Plan; or
C. The termination of the Member's service with the Village of Tequesta
2. If the payment of a Member's retirement income cannot begin on the date
required under subsection 1 of the Section because the Trustees either cannof ascertain
the amount of the Member's retirement income or cannot locate the Member after making
34
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October 24, 2003
reasonable efforts to do so, the payment of the Member's benefit shall begin not laterthan
sixly (60} days after the date on which the amount can be ascertained or the Member is
focated, whichever is applicable. Any such payment shall be made retroactive to a date
which is not earlier than the date on which the�payment of the Member's benefit was
scheduled to begin but which is not later than the date specified under subsection 1 of this
Section.
Section �21. Distribution of Benefits.
Notwithstanding any other provision of this Plan to the contrary, a form of retirement
income payable from this Plan after the effective date of this ordinance, shall satisfy the
following conditions:
1. If the retirement income is payable before the Member's deathz
,
..t_:_� i�_ n�...,...�.._ a•
YVl lll�ll LII �
�--The distribution shall commence to them not later than the calendar
year defined above; and a), shall be paid over the life of the Member
or over the lifetimes of the Member and spouse, issue or dependent,
or, b), shall be paid over the 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 i n t he P lan h as b een d istributed, t he remaining portion o f s uch
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 spouse,
issue or dependent;
B. The remaining interest is to be distributed overthe life of the spouse,
issue or dependent or over a period not e�ending beyond the life
expectancy of the spouse, issue or dependent; and
35
October 24, 2003
C. Such distribution begins within one yearof 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'/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 P(an Member.
Section �-922. Misceltaneous Provision.
1. Interest of Members in Pension Fund. At no time prior to the satisfaction of
all liabilities under the Plan with respect to Members and their spouses or beneficiaries,
shall any part of the corpus or income of the Pension Fund be used for or diverted to any
purpose other than for their exclusive benefit.
2.
,
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36
October 24, 2003
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32. No amendment or ordinance shall be adopted by the Village Council of the
Village of Tequesta w hich s hali h ave t he e ffect o f reducing t he t hen v ested a ccrued
benefits to Members or Members beneficiaries.
3. Rollover Distributions.
A. This subsection applies to distributions made on or after Januarv
1, 1993. Ido#withstandinct anv provisi of the Plan to the
contranr thatwould otherwise limit a distributee's election under
this subsection, a distributee mav elect, at the time and in the
manner arescribed bv the Board of Trustees, to have anv nortion
of an eliaible rollover distribution paid directiv to an eliaible
retirement alan specified bv the distributee in a direct rollover
B. Definitions.
(1) "Elictuble rollover distribution" is anv distribution of all or
any t�orEion of the balance to the credit of the distributee,
exceat that an eliqible rollover does not include anv
distribution that is one of a series of substantiallv equal
37
October 24, 2003
periodic uavments (not less frepuentiv than annuallvl
made for the life (or life expectan of the distributee or
distributee's desianated beneficiarv or for a saecified
period of 10 vears or more: anv distribution to the extent
such distribution is reauired under section 401(a)(9) of the
Code: and the oortion of anv distribution that is not
�nclud�ble �n qross income
Ll "Eliqible retirement pian" is an individual retirement
account described in section 408(a) of the Code an
mdiv6dual retirement annuitv described in sectiion 408fb1
of the Code, an annuitv plan described in section 403(a1 of
the Code, or a aualified trust described in section 401(al
of the Code, that acceats the distributee's eliqible rollover
distribution. However, in the case of al eli � ible rollover
distribution to the sunrivinct spouse an eliaible retirement
plan is an individual retirement account or individual
retirement annuiiv.
t3) "Distu�ibutee" inctudes an emplovee or former emplovee
In addition. the emalovee's orformeremplovee's survivina
spouse and tf�e emulovee's or former emnloveP�s sn�„�p
who is entitled to pavment for alimonv and child support
under a domestic relations order determined to be
qualified bv this Fund are distributees with reaard to the
mterest of the saouse or former spouse.
i4) "Direct rollover" is a pavment bv the Plan to the eliQible
retireunent alan saecified bv the distributee.
Section �923. 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 appiication to any person benefitting hereunder, the amount of
benefits which are the time o f a ny 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
38
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October 24, 2003
discontinued, the Board shall continue to administer the System in accordance with the
provisions of this Ordinance, for the sole benefit of the then Members, any beneficiaries
then receiving retirement allowances, and any future persons entitled to receive benefits �
under one of the options provided for in this Ordinance who are designated by any of said
Members. In the event of repeal, or if contributions to the System are discontinued, there
shall be full vesting (100%) of benefits accrued to date of repeal 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 aflocating 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 shall first be made in respect of each retired Police
Officer,—or Firefighter, receiving a retirement or
disability benefit hereunder on such date, each person receiving a
benefit on such date on account of a retired or disabled (but since
deceased) Police Officer; or Firefighter ho
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 fess than the aggregate of such amounts, such amounts shall be
proportionatety reduced so that the aggregate of such reduced
. amounts wiN be equal to such asset va(ue.
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 Police Officer; or Firefighter in service of
the Police Department; or Fire Department
on such date who has completed at least six 6#�r{�-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 vafue be fess than the aggregate of the amounts
apportioned hereunder, such latter amounts shall be proportiona#ely
reduced so that the aggregate of such reduced amounts will be equal
39
October 24, 2003
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 n
such date who is not entitled to an apportionment under paragraphs
A and B in the amount equal to 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 proportionately reduced so that the aggregate of such
reduced amounts will be equal to such remaining asset vaiue.
D. If there be any asset value remaining after the apportionment's under
paragraphs A, B and C, apportionment shaN 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
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
con#ributions 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.
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.
,
,
,
,�
40
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October 24, 2003
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4. After all the vested and accrued benefts 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 i1-24. Exemation from Execution Non assignabiliiv.
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,
gamishment or any legal process whatsoever and shall be unassignable. However.
pursuant t o an income deduction order the trustees mav direct that retirement
nenet�ts be aa�a tor al�monv or child SUpp01"'� �n accordance with rules and
reauiat�ons adopted bv the Bo�rd ef Tr��ctpp�
Section z�25, Pension Validi .
The Board of Trustees shall have the power to examine into the facts upon which
any pension shall heretofore have been granted and under any prior or existing law, or
shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reasons.
Said Board is empowered to purge the pension rolls of any person heretofore granted a
pension under prior or existing law or heretofore granted under this Ordinance if the same
is found to be erroneous, fraudulent or illegal for any reason, and to reclassify any person
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.
� 1_Any Member convicted of the following offenses committed prior to retirement,
or whose employment is terminated by reason of his admitted commission, aid or
41
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October 24, 2003
abatement of the following specified offenses, shall forfeit all rights and benefits underthis
Pension Fund, except for the retum of this accumulated contributians as of the date of
� termination.
�- A. Specified offenses are as follows:
� 1�. The committing, aiding or abetting of an embezzlement of
� pub(ic funds;
$ 2�. The committing, aiding or abetting of any theft by a public
officer or employee from employer;
� Bribery in connection with the employment of a public officer
or employee;
$�4�. Any felony specified in Chapter 838, Florida Statutes;
�E 5�. The committing of an impeachable offense.
� B. � The committing of any felony by a public o�cer 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 duty as a public o�cer 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 public office or employment position.
�k 1�. 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.
$.�2 . 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
__ bene_fits are being considered for forfeiture. Said Member shall be
afforded the right to have an attomey present. No formal rules of �
evidence shall apply, but the Member shall be afforded a full
42
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Octaber 24, 2003
opportunity to present his case against forfeiture.
Any Member who has received benefits from the System in excess of his
accumulated contributions after Member's rights were forfeited shail be
required to pay back to the Fund the amount of the benefits received in
excess of his accumulated contributions. The Board of Trustees may
implement all legal action necessary to recover such funds.
2. False. misleadina, or fraudulent statements made to obtain public
retirement benefits �s urohibited: penaltv
A. It is unlawful for a person to willfullv and knowinalv make or cause to
be made, or to assist conspire with or urqe another #o make, or cause
to be made, anv false, fraudulent or misleadina oral or written
statement or withhold or conceal material information to obtain anv
benefit available under a retirement plan receivina fundina under
Florida Statutes. Chaaters 175 and 185
B. {1) A person v�ho violates subsec (A� commits a misdemeanor
of the first dearee, punishable as provided in s. 775.082 or s_
775.083. Florida Statutes. �
(21 In addition to anv applicable criminal penaltv, upon conviction
for v�olat�on described in subsection fA), a aarficiaant or
benefic�arv of a aension alan receivina fundinq under Florida
Statutes, Chapters 175 and 185 mav. in the discretion nf the
Board of Trustees, be required to forteit the riaht to receive anv
or all benefits to which the person would otherwise be entitled
under this Ordinance. For nurposes of this aaraqraph
"conviction" means a determination of ctuilt that is the result of
a leas or trial, reaardless of whether adiudication is withheld
Section �27. M6litarv 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 w'rth the Police
Department; or Fire Department hall be added to his/her years of
credited service provided that:
1. The Police Officer; or Firefighter ontributes to the
Fund the sum that tie/she would have contributed had he/she been a member of the Plan
43
£
October 24, 2003 �
for the years or fractional parts of years for which he/she is requesting credit plus amounts
actuaria!!y determined such �ha# the crediting of service does not result m any cost to t�ie
Fund plus payment of costs for all professional services rendered to the Board in
connection with the purchase years of credited service.
2. The request sha11 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 hisfher empioyment with the Police Department; or Fire Department er
, whichever is later. — �
3. Payment by the Member of the required amount shall be made within six (6)
months of his/her request for credit and shall be made in one lump sum payment upon
receipt of which credited service shall be given. Credited service purchased pursuant to
this section shall be counted for all purposes except toward vesting of benefits.
4. The maximum credit under this section shall be five (5) years.
BSJJka
Odober 24, 2003
H:\Tequesta PS 10191PIan Docs12002 Restd sUwut undr.wpd
44
3:i
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�'IANSQ►N, PER]E�Y � JEN�EN, P.�3..
105 Sourri NnRassus Av�vuE SUITE b'I O— WEST PALM BEACH F�oaion 3340i-5527
�ANSON* TELEPHONE (56i) 655-�840
son�hpjiaw.com FACSIMILE (561)655-5920
ANN H. PERRY
aperry�hpJlaw.cam
BONNI SPATARA JElVSEN October 20
bsjensen@hpjlaw.com , 2��3
'atso Aoumeo w N.Y.
Daniel J. Gallagher, Director HR
Village of Tequesta
Pension Administrator
250 Tequesta Drive, Suite 300
Tequesta, Florida 33469-0273
Re: Tequesta General Employees Pension Fund
Actuarial Impact Statement
Our File Number 1012.0050
Dear Dan:
Enclosed is the Actuarial lmpact Statement for the proposed Ordinance to the
General Employees Pension Plan Document. Please sign the impact statement and return
it to me so that I may send a copy to the State along with the proposed Ordinance and so
that I may keep a copy for my files.
� The Village of Tequesta will also need a copy of #he Ordinance and the impact
statement. Please let me know if you will provide it to the Village or if you would like me
to do so.
If you have any questions or if I may be of any assistance to you at all, please do
not hesita#e to contact me.
Sinc�rely yaur�, ,�
�
,. ,,
_ � � �
Bonni S. Jensen '
BSJ/ka
Enclosure
Copy: Chairman and Secretary
H:\Tequesta GE 10121�IIageWR DanllmpaG stml.wpd
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aBR1EL, ROEDER, SMi'sH & CCDMP�IIVX
Consultants & Aduaries
30f East Las Olas B(vd. • Suite 2a0 • Ft. Lauderdale, FL 33301•?254 • 954-527-1616 • FAX 954-525-0083
October 2, 2003
,
Bonni S. Jensen, Esq.
Hanson, Perry & Jensen, P.A.
105 South Narcissus Avenue
Suite 510
Vllesi Fatm Beach, Fforida 334G3 •
Re: Tequesta General Empfoyees Pension Fund
Dear Bonni:
As requested, we have prepared an Actuarial Impact Statement for an ordinance that makes the
#ollawring changes to the plan for generai employees:
o Separate the general employee provisions from those of public safety .
employees.
o Early retirement date changes from age 50 with 10 years of service to age 50
with 6 years af service.
o Years of service needed for 1 QO°/a vesting changes from 10 years to 6 years.
o Eligibility for a p�e-retirement death benefit changes from 10 years to 6 years.
P[ease have a member of tttie Board af Trustees sign the Statement. Then send it along with a
copy of the proposed ordinance to Tallahassee.
We welcome your questions and comments.
Sincerely yours, �
� ,o.,,�
J. Stephen Palmquist
Enclosures
�„
SUPPLEMENTAL ACTUARlAL.VALUATEON REPORT
Plan �
Village of Tequesta Employees Pension Trust Fund
Valuation Date
October 1, 2002 .
Date of Report , : •- . � � ��
October Z, 2003 . . .. .. ..- . �
Report Requested by ���� - i �''7"��.
Board of Trustees
Prepared by � . ` .. . � ` �� .
J. Sfephen Palmquist
Group Valued
Active General Employees
Plan Provisions Being Considered for Change
Present Provision Before Chanqe
o Early retirement date is age 50 with 10 years of service.
o Vesting requires 10 years of service.
� o Eligibility for a pr�-retirement death benefit is 10 years of service.
Proposed Chancae
o Early retirement date changes from age 50 with 10 years of service to age 50
with 6 years of service.
o Vesting changes from 10 years to 6 years.
o Eligibility for a pre-retirement death bene#it changes from 10 years to 6 years.
Paficipants Affected
General employees who retire after passage of the amending ordinance.
Actuarial Assumptions and Methods
Same as Octaber 1, 2002 Actuarial Valuation Report with no exceptions. �
Some of the key assumptions/methods are:
Investment retum - 8.0% per year
Salary increase - 6.0% per year
Cost Method - Aggregate
a
+:;,
a ,:
�;�
:�ii
Amortization Period for Any Increase in Actuarial Accrued Liability
NA
Summary of Data Used in Report
See attached page.
Actuarial Impact of Proposal(s)
See attached page(s). The change would result in an increase in the required
employer contribution of 0.11 % of covered payroll.
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to
Previously
None.
Other Cost Considerations
None
Possible Conflicts With IRS Qualification Rules
None
� t
J. ephe Palmquist, ASA, AAA, FCA
Enrolled Actuary No. 02-1560
, .
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Village of Tequesta
Employees Pension Trus# Fund
Impact S#atement — October 2, 2003
Description of Amendment
o Separate the general employee provisions from those of public safety
employees.
o Ear1y retirement date changes from age 50 with 10 years of service to age 50
with 6 years ofi service.
o Years of senrice for 100% vesting changes from 10 years to 6 years. �
o Eligibilit}r for a pre-retirement death benefit changes from 10 years to 6 years.
Funding Implications of Amendment
An actuarial cost estimate is attached. The change would result in an increase in the
required empioyer cantribution of 0.11 °Io af covered payroll.
Certification of Administrator
�{ beiieve the amendment to be in compliance with Part VII, Chapter 1'!2, �'larida
Statutes and Section '14, Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
a,
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�. ::,� ,. ° :' :.�; �� :SUMMARY::OF VALUATION` RESUCTS �: :�:,
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As of October'1, 2002
.. .. .. ..... .: .
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Before Change After Change
COVERED':'G�RdUP::.. . ; . �, : , .,., ;.
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A. Number Included in the Valuation
1. Active Members 20 20
2. lnactive Members 0 0
B. Covered Annuai Pa o8 $ 866,467 $ 866,467
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C. Actuariai Present Value of Projected Benefits 1,403,819 1,414,405
D. Actuarial Value of Assets 248,725 248,725
E. Actuarial Present Value of Future Contrib.
1. Total: C–D 1,155,094 1,165,680
2. Portion Assigned to Unfunded Frozen Acfuarial
Accrued Liability (UFAAL) p 0
3. Portion Assi ned to Future Normal Costs 1,155,094 1,165,680
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F. Annual Payment Needed to Amortize UFAAL 0 0
As%ofB , _
• G. Annual Employer Normal Cost 62,126 63,079
As % of B 7.17% 7.28%
H. Interest on F+ G from Valuation Date to
Contribution Date(s) 2,597 2,637
As % of B 0.30% 0.30%
!. Requirect EmployeNState Contributior.s: F+ G+ H 54,72� . �5,716
As % of B 7.47% 7.58%
J. Estimated State Premium Tax Refund NA NA
As%ofB — �
K. Balance Required from Employer: I– J 64,723 65,716
As % of B 7.47% 7.58%
L. Year to Which Contributions Apply
1. Plan Year Ending 9/30/03 9l30103
Z. Emp[oyer Fiscal Year Ending 9/30/03 9/30/03
3. Assumed Date(s) of Employer Contributions. Monthly Monthly
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As of October 1, 2002
Before After
Changes Changes
A. Actuarial Present Value of Projected Benefits for
1. Active Members
a. Service Retirement Benefits $ 1,116,640 $ 1, 125,382
b. Vesting Benefits 23,129 38,492
c. Disability Benefits 205,566 205,566
d. Preretirement Death Benefits 22,333 28,057
e. Return of Member Contributions 36,451 16,908
f. Other 0 0
g. Total 1,403,819 1,414,405
2. Inactive Members
a. Senrice Retirees & Benefits 0 0
b. Disability Retirees 0 0
c. Terminated Vested Members 0 0
d. Total p p
3. Total for All Members 1,403,819 1,414,405
B. Actuarial Value of Assets 248,725 248,725
C. Unfunded Frozen Actuarial Accruad Liability
(UFAAL) 0 0
C. Actuarial Present Value of Projected Member
Contributions 474,704 474,704
E. Ac#uarial Present Value of Projected
Employer Normal Costs: A3- B- C— D 680,390 690,976
F. Actuarial Present Value of Prc�jected
Covered Payroll 9,494,081 9,494,081
G. Emplayer Normal Cost Rate: 100 x E/F 7.17% 7.28%
H. Annual of Active Members 866,467 866,467
H. Assumed Amount of Administrative Expenses 0 0
J. Emp{oyer Normal Cost: (G x H) + I 62,126 63,029
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Number 20 20
Total Annual Payroll $ 866,467 $ 866,467
Average Annual Salary 43,323 43,323
Other Averages
Current Age 40.5 4Q.9
Age at Employment 39.1 39.1
Past Senrice 1.8 �,g
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Number 0 0
Total Annual Benefit $ — $ w
Average Monthly Benefit — �
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�ABRIEL, ROEDER, SMITH & COMPANY ', �
Consultants & Actuaries
301 East Las Olas Bivd. • Suite 200 � FL Lauderdale. R 33301-2254 • 954527-16i6 � FAX g6q
25-0083
February 4, 2003
Ms. Jody Farsythe �
Director of Fna�cs
Ullage of Tequesta
357 Tequesta Drnre -
Tequesta, FL 32960-6441
Re: Proposed Change in Pension Benefits
Dear Jody:
As requested, we have prepared cost studies for proposals that would make the following
changes to the plan: .
1) Add a 3% cost of living adjustment for police and fire. -
2) Impiement a DROP for police and fire. .. .. .. ,
3) Add a monthl�r�hea�#h insuranc� subsidy of $5`pe� , year o�f�service with maximum:'of <� �
$15Q far police and fire. . . ' . . .
4) (a) Change vesting to 6 years from 10 for all groups.
(b) Change normat retirement eligibility from age 55 with 10 years of service to age 55 with
6 years of service for police and f+re. �
{c) Change early rebrement eligibility from age 50 with .10 years .of seniice to age 50 with 6
years of service for atl groups. ��
(d) Change eligibility non service-connected death from 10 years of service to 6 for all
groups.
You witl note that several of the changes result in no increase in cost for potice offrcers and
firefighters. The reason for this is that each group has a substantial amount of unused State
revenue in rese►ve.
We welcome you� quesfions and comments.
Sincerely yours,
���t�, �� . .
1. Stephen Palmquist
JSP/ar
Enclosures
?�
, � �.�
.ii�
��jt
I '''
il�
. �:
SUPPLEMENTAL ACTUARIAL VALUATION REPORT !
Plan
Village of Tequesta Empioyees Pension Trust Fund
� Valuation Date �
October 1, 2002 '
Date of Report
February 4, 2003
Report Requested by
Board of Trustees �
Prepared by . -
J. Stephen Patmquist ,
Group Valued
All Members
Plan Provisions Being Considered fcr Change: <; ,
Presenfi Pro�rision Before Chanae � - - :
� 1) The plan has no provision for a COLA for police and fire.
2) There is no DROP for police and fire.
3) There is no provision for a heaith insurance subsidy for police and fire. �
4) Normal retirement eligibility for police and fire is age 55 with 10 years of seivice.
Early retirement eligibility for all groups is age 50 with 10 years of service.
10 year requirement for vesting for all grnups.
Eligibility for non service-connected death benefit is 1 U years of service fo� ail groups.
Proposed Chanqe
1) A 3% COLA would be added for palice and fire.
2) A DROP plan would be added for police and fire.
3) A monthly $5 health insurance subsidy per year of service would be added with a �
minimum $30 and a maximum of $150.
4) Normal retirement eligibility for police and fire would be age 55 with 6 years of sen►ice.
Early retirement eligibitity for all groups would be age 50 with 6 years of service.
Requirement for vesting for all groups would be 6 years.
Eligibility for non senrice-connected death benefit would be 6 years of senrice for all
groups. .
. � ,
,: 5 .':J
� _b
'� ;�
�
Partiaoants Affected � �
. Atl plan members retiring after the effective date of the amendtng ordinance.
Actuarial Assumpi�ons and Methods
Same as October 1, 2002 Actuariai Valuahon Report writh no exceptions.
Some of the key assumptionslmethods are:
Investrnent retum — 8.0% per year � '
Salary increase — 6.O�o per year
Cost Method — Aggregate .
Amortiz,ation Period for Any Increase in Aatuarial Accrued Liabiliiy �. �
NA
Summary of Data Used in Report ,. .
NIA .:
Actuariat lmpact of Proposaf(s) .
See sttached page{s}. . . � , �
Speciat Risks � Involved � VVith th� Proposal That the. Plan �Has � Not ��Been �°:Ezposed to
� . Previously � � . . �
None. � ,. . � �
Other Cost Considerations �
None
Possibie Co�licts Wi#h iRS Qualification Rules
None � • `
�
. Stephen Paimquist, AS MAAA, FCA �
Enrolled Actuary Wo. 02-9 60
�:. �
, ��:�. �
,•,_,
;,
�
�.,�
VILtAGE OF TEQUESTA EMPLOYEES PENSION TRUST FUND
Summary of Actuaria! Studies
E�oY� �I�red ERC As a Percentage Chanae fiom Ba�e_ Iine
Contribution (ERCI o P oll ERC f�j
Police
1) 1�1/02 Valuatian (baseline) $ 13,460 3.91 � $ NA W �
2) 6 Year Vestin9 13.4� 3.91
55 & 61VRD . Q 0.00
50 8 6 ERD
6 Year Eliglbitity for
Non-dtity Death Benefit '
3) 3% COLA 13,4� 3.91
0 0.00
4) $5/Year of Service Health 13,460 3.91 0 0.00
Irisuranc8 Subsidy
5} DROP 43,460 •. � 3.91 0 0.00 . .
Firefigtrters , � . : ... . . .
'F) 1t�1/OZ Valuatinn (t��ine) 78,Q41 . , � � 8.47' Nq . .� Nq� . .
2). .6 Year V�stin9 .78,041� .. � 847 Q • . . •�'� :0.�.°�fs. .
'� 85&6NRD ; � �.... .. .
50 8 6 ERD '. �
6 Year EligibUtty for . '
. Non-duty Death Senefit . . . , '
3) 3% COLA 456.058 16.93 78.097 8.46
4) $5/Year of Service H�Ith T8,041 8.4T 0 • 0.00
. Insurance Subsidy
5) OROP 78.041 8.47 0 0.�
Genetet
�� 10/9102 Valuation (Basellne) sa,rr.� 7.a7 nrA �vn
2j 8 Year V�ting 65,716 7.58 993 0.11 '
50 $ 6 ERD
6 Y�r Eligibipty for
Idon-duty Death Bertefit
Fe�ruary 4, 2003
. �
��ANSON� PERRY � JEN�EIV� Y�..�..
105 Saurri NaRCissus Aver�ue, SU�TE SiO — WEST PALM BEACH, F�oRtoa 33401-5527
JILLHANSON* TEIEPHONE (561)655-5840
mjhansonc�hpjlaw.com FACSIMILE (561)655-5920
ANN H. PERRY
aperry�hpjiaw.com
BONNI SPATARA JENSEN October 20 � 20�3
bsjensen@hpjlaw.com
'a.so Aonairreo w N.Y.
Daniel J. Gallagher, Director HR
Village of Tequesta
Pension Administrator
250 Tequesta Drive, Suite 300
Tequesta, Florida 33469-0273
Re: Tequesta Genera! Employees Pension Fund
Actuarial Impact Statement
Our File Number 1012.0050
Dear Dan:
Enclosed is the Actuarial Impact Statement for the proposed Ordinance to the
General Employees Pension Plan Document. Please sign the impact statement and return
it to me so that I may send a copy to the State along with the proposed Ordinance and so
that I may keep a copy for my files.
� The Village of Tequesta will also need a copy of the Ordinance and the impact
statement. Please let me know if you will provide it to the Village or if you would like me
to do so.
If you have any questions or if I may be of any assistance to you a# all, please do
not hesitate to contact me.
Sinc�rely yours, ,�
�
..� ;
���
Bonni S. Jensen '
BSJ/ka
Enclosure
Copy: Chairman and Secretary
H:\Tequesta GE 1012�VIIageWR DanUmpact stmt.wpd
��a
;r
i
�„ � �ek,
�.'
GABRIEl, ROEDER, SMi'i'H & COIdAPANX
Consultants & Actuaries
301 East Las Olas Bivd. • Suite 200 • Ft. Lauderdale, FL 33301-2254 • 954-527-i616 • FAX 954-525-04&� �
October 2, 2003
Bonni S. Jensen, Esq. �
Hanson, Perry & Jensen, P.A.
105 South Narcissus Avenue
Suite 510
V�lest Paim Beach, Florida 3"i4G i �
Re: Tequesta General Employees Pension Fund
Dear Bonni:
As requested, we have prepared an Actuarial Impact Statement for an ordinance fihat makes the
#ollowing changes to the plan far general empioyees:
o Separate the general employee provisions from those of public safety
emplayees.
o Early retirement date changes from age 50 with 10 years of service to age 50
with 6 years of service.
o Years of senrice needed for 100% vesting changes from 10 years to 6 years.
o Eligibility for a pre-retirement death benefit changes from 10 years to 6 years.
Please have a member of the Board of Trustees sign the Statement. Then send it along with a
capy of the proposed ordinance to Tallahassee.
We welcome your questions and comments.
Sincerely yours, �
�� �.
. ��
J. Stephen Palmquist
Enclosures
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
Village of Tequesta Employees Pension Trust Fund
Valuation Date
October 1, 2002
Date of Report � - . ,
October 2, 2003 - � � -
Report Requested by �C E - / �� .
Board of Trustees
Prepared by ' �
J. Stephen Palmquist �
Group Valued
Active General Emp(oyees
Plan Provisions Being Considered for Change
Present Provision Before Chanqe
o Early retirement date is age 50 with 10 years of service.
o Vesting requires 10 years of service.
� o Eligibility for a pre-retirement death benefit is 90 years of service.
Proposed Chanqe
o Early retirement date changes from age 50 with 10 years of service to age 50
with 6 years af service.
o Vesting changes from 10 years to 6 years.
o Eligibility for a pre-retirement death benefit changes from 10 years to 6 years.
Participants Affected
Generaf employees who retire after passage of the amending ordinance.
Actuarial Assumptions and Methods
Same as October 1, 20Q2 Actuarial Valuation Report with no exceptions.
Some of the key assumptions/methods are:
Investment return - 8.0% per year
Salary increase - 6.0% per year
Cost Method - Aggregate
Amortization Period for Any Increase in Actuarial Accrued Liability
NA
Summary of Data Used in Report
See attached page.
Actuarial Impact of Proposal(s)
See attached page(s). The change would result in an increase in the required
employer contribution of 0.11 % of covered payroll.
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to
Previously �
None.
Other Cost Considerations
None
Possible Conflicts With IRS Qualification Rules
None
� c
J. ephe Palmquist, ASA, AAA, FCA
Enrolled Actuary No. 02-1560
Village of Tequesta
Employees Pension Trust Fund
Impact Statement — October 2, 2003
Description of Amendment
o Separate the general empioyee provisions from those of public safety
employees.
o Early retirement date changes from age 50 wi#h 10 years of service to age 50
with 6 years of service.
o Years of service for 100% vesting changes from 10 years to 6 years.
o Eligibility for a pre-retirement death benefit changes from 10 years to 6 years.
Funding Implications of Amendment
An actuarial cost estimate is attached. The change would result in an increase in the
required employer contribution of 0.11 % of covered payroll.
Certification of Administrator
� 1 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
:....: .: , .:
, � ; ; ,.. ;.�:';; ��' .�. - ° .
,:, . '.';::
.;. :: :
, GENERAL EMPL'OYEES '' � �:
,:: . . . .. , �
.
,�
�SUMMARY OF VALUATIO.N; f�ESULTS. � :: ;'`'.�.; ' ,;. , i,
As of October 1, 2002
-� ;
Before Change After Change
C.O.r/E.I�.EDG.R.OUP ;. ' '.',
A. Number Included in the Valuation
1. Active Members 20 20
2. Inactive Members 0 0
B. Covered Annual Pa oll $ 866,467 $ 866,467
.: . �::.�::.i:�'rr: s�: j.;_
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,� �. .... .i. '� � . .. a :.� . .. . ' :.�`_'�..". . ''I".:.:r�:` �: _,��i.�:: ..tw:i6':. '
.LOfaTG G .. � ,
CO.ST ���
:
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C. Actuarial Present Value of Projected Benefits 1,403,819 1,414,405
D. Actuarial Value of Assets 248,725 248,725
E. Actuarial Present Value of Future Contrib.
1. Total: C– D 1,155,094 1,165,680
2. Portion Assigned to Unfunded Frozen Actuarial
Accrued Liability (UFAAL) 0 0
3. Portion Assi ned to Future Normal Costs 1,155,094 1,165,680
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t :
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:tt:�. ,�:... . ....:.:,�,_
.�,�:::.. . . ..�� ..:. ...._..�... � .,�.. ._... :o� .. ;!F.�.:v
F. Annual Payment Needed to Amortize UFAAL 0 0
As%ofB — _
. G. Annuai Employer Normal Cost 62,126 63,079
As % of B 7.17% 7.28%
H. lnterest on F+ G fram Valuation Date to
Contribution Date(s) 2,597 2,637
As % of B 0.30% 0.30%
!. Required EmployerlState Contributions: F+ G+ H 54,723 �5,716
As % of B 7.47% 7.58%
J. Estimated State Premium Tax Refund NA NA
As%ofB ^ _
K. Balance Required from Employer. I– J 64,723 65,716
As % of B 7.47% 7.58%
L. Year to Which Contributions Apply �
1. Plan Year Ending 9i30/43 9/30/03
2. Emp(oyer Fiscal Year Ending 9/30l03 9/30/03
3. Assumed Date(s} of Employer Contributions. Monthly Monthly
,,
,�... ��.:.... ,: �,,�,��:: .
; � :, ; :; : , �. :: :, . � ., ,,<:;:,.,. ,�,;, .:
.
,� ' �. :. ' � G�NERAL EMPLOXE�S � ; , �:� , � �� ; � ;.
. ,..:.... : ,.. ,�
, DERI�/ATIOI� OF �EMPLO'YER NORMi4L GOST , � �;! '
,
. , ,
�' . ,�,..:. �, .,h
� , � �
As of October 1, 2002
Before After
Changes Changes
A. Actuarial Present Value of Projected Benefits for
1. Active Members
a. Service Retirement Benefits $ 1,116,640 $ 1, 125,382
b. Vesting Benefits 23,929 38,492
c. Disability Benefits 205,566 205,566
d. Preretirement Death Benefits 22,333 28,057
e. Return of Member Contributions 36,151 16,908
f. Other 0 0
g. Total 1,403,819 1,414,405
2. Inactive Members
a. Service Retirees & Benefits 0 0
b. Disability Retirees 0 0
c. Terminated Vested Members 0 0
d. Total 0 0
3. TotalforAllMembers 1,403,819 1,414,405
B. Actuaria) Value of Assets 248,725 248,725
C. Unfunded Frozen Actuarial Accrued Liability
(UFAAL) 0 0
C. Actuarial Present Value of Projected Member
Contributions 474,704 474,704
E. Actuarial Present Value of Projected
Emp(oyer Normal Costs: A3- B- C— D 680,390 690,976
F. Actuariaf Present Value of Projected
Covered Payroll 9,494,081 9,494,081
G. Employer Normal Cost Rate: 100 x E/F 7.17% 7.28°Io
H. Annual Payrolf of Active Members 866,467 866,467
H. Assumed Amount of Administrative Expenses 0 0
J. Employer Normal Cost: (G x H) + I 62,126 63,029
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. STATtSTI CAL� DATA: � �� : ;�;': : : :;';:�
; , ,: : ', .: :
. , -
;..
:.. :: - . .
:::.:.. ,,:... . . . .. . .. .......,. . . ..
.: ..._ . �:GENERAI:�`'.EMPLOY�ES : ` i; �; : :
, � ..:... - ..
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�:As of��ctober'[, �0�2� � ��` ,,, � � �
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Before Changes After Changes
. :: �, �, : , � , � � • „ � � „ , --
� , �Act�ve Members : '� � ;, � ; ; � � {, , �µ . .. ., ; �
, ;. . . , : �i , .� �
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Number 20 20
Total Annual Payroll $ 866,467 $ 866,467
Average Annual Salary 43,323 43,323
Other Averages
Current Age 40.g 4C�.9
Age at Employment 39.1 39.1
Past Service 9,8 1,g
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Average Monthly Benefit — —
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. Number p Q
Total Annual Benefit $ — $ �
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Number 0 p
Total Annual Benefit $ — $ �
Average Monthly Benefit — �
GABRIEL, ROEDER, SMITH & COMPANY '�
Consultants & Actuaries
301 East Las Olas Blvd. • Suite 200 • Ft Lauderdale, FL 333p1-225q. • 95M527-1616 • F1U( g54.525-pOg3
February 4, 2003
Ms. Jody Forsythe �
Director of Fnance
�ilage of Tequesta .
357 Tequesta Drive
Tequesta, FL 32960-6441
Re: Proposed Change in Pension Benefits -
Dear Jody.
As requested, we have prepared cost studies for proposals that would make the following
changes to the plan: �
1) Add a 3% cost of living adjustment for police and fire. -
2) Impiement a DROP for police and fire. ., :, .� ,
3) Add a monthf�r heai#h insurance subsidy� of $5 per .year of service with maximum :'of � '
$15Q far police and fire. ~ � � � '
4) (a) Change vesting to 6 years from 10 for all groups.
(b) Change normat retirement eligibility from age 55 with 10 years of senrice to age 55 with
6 years of service for police and fire. �
{c) Change early retirement eligibility from age 50 with .10 years .of service to age 50 with 6
years of service for afl groups. �: �
(d) Change eligibility non senrice-connected death from 10 years of senrice to 6 for all
groups.
You will note that several of the changes result in no increase in cost for police officers and
firefighters. The reason for this is that each group has a substantial amount of unused State
revenue in reserve.
We welcome your questions and comments.
Sincerely yours,
��� � � '
J. Stephen Palmquist
JSP/or
Encfosures _
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
Village of Tequesta Employees Pension Trust Fund
Valuation Date
October 1, 2002
Date of Report
February 4, 2003 _
Report Requested by
Board of Trustees �
Prepared by � -
J. Stephen Palmquist ,
Group Valued
Ali Members .
Plan Provisions Being Considered for Change: -•� . , .
Presenfi Pro�ision Before Chanc�e � � - - -
1) The plan has no provision for a COLA for police and fire.
2) There is no DROP for police and fire.
3) There is no provision for a health insurance subsidy for police and fire. �
4) Normal retirement eligibility for police and fire is age 55 with 10 years of service.
Early retirement eligibility for all groups is age 50 with 10 years of service.
10 year requirement for vesting for ali groups.
Eligibility for non service-connected death beneflt is 10 years of senrice for all groups.
Pronosed Chan4e
1) A 3% COLA would be added for police and fire.
2) A DROP plan would be added for police and fire.
3) A monthly $5 health insurance subsidy per year of service would be added with a �
minimum $30 and a ma�amum of $150.
4) Normal refirement eligibility for police and fire would be age 55 with 6 years of service.
Early retirement eligibility for all groups would be age 50 with 6 years of senrice.
Requirement for vesting for all groups would be 6 years.
Eligibility for non service-connected death benefit would be 6 years of service for all
groups.
� � 9 �'�
.v
Particiaants Affected
All plan members retiring after the effective date of the amending ordinance.
Actuarial Assumptions and Methods
Same as October 1, 2002 Actuarial Valuation Repart writh no exceptions.
Same of the key assumpfionslmethods are:
Investment retum — 8.0% per year
Salary increase — 6.0% per year
Cost Method — Aggregate -
Amo�tization Period for Any Increase in Actuarial Accrued LiabilitK
NA �
Summ � of Data Used in Report .. .
Actuarial tmpact of Proposal(s) , ,
See attach�d page(s). � . �
Special Risks Involved With th� Proposal That the Plan Has Not Been ���Exposed to �
. Previously �
None. � : .
Other Cost Considerations
None
Possible Conflicts With IRS Qualification Rules ,.. �
None
� �
. Stephen Palmquist, AS MAAA, FCA
Enrolled Actuary No. 02-1 60
�s
. �:-
P' �
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1
VILLAGE OF TE(,1UESTA EMPLOYEES PENSION TRUST FUND
Summary of Actuariai Studtes
Emptoyer itec�uired ERC As a Perceatage Ghanae from Baseline
Carrtrlbution lERC1 of P�r ERC �
Poilce . .
1) 10N/02 Valuation (baseline) $ 13.460 3.g1 � $ �p � %
2) 6 Year V�ting 13.460 3.91 0 O.OQ
55 8 6 NRD �
50 & 6 ERD .
6 Y�r Eligibility for �
Nan-duty Death B�eHt .
3) 3% COLA 13.4� 3.9t
Q 0.� .
4) $5/Year of Senriee H�th 13,4� 3.91 0 0.00
lnsurance Subsidy .
5) DROP 1 g,460 •. , 3.91 0 0.00 '�
. FirefightQrs , � . . . .
. 1�j 10l11Q2 Valuatior� (#r�eline) 78.04'i � • � �. 8:47' Nq � : Np� � � • ..
2) . .6 Year Ve�.stin9 .78,041� . .. � &47 Q . . �'� ..O.QO�.'q6. ..
:.. 65&6NRD' S ..... , . , . � .
50 & 6 ERD �. . �
6 Year Etigif�lity for , . . �
. Non-duty O�th Senetit . � .
3) 3% COLA 156,058 16.93 78.017 8.46
4) S5/Y�' of Service H�Ith 78.Q41 8.4T 0 •. 0.�
. Insuranc� Subsidy
5} DROP 78.041 8.47 0 . 0.00
GeneTal
1} 1�1/a2 Valuation (Baseline) 64,723 7.47 �}p Nq
2) S Year Vestirig 65,?'16 7.58 993 0.11
5Q $ 6 ERD
6 Y�r Eligibility for .
Non-dutyr D�th Ben�It
February 4, 2003
August 29, 2Q03
EXHIBfT "A"
VILLAGE OF TEQUESTA
GENERAL �MRLOYEES' PENSION TRUST FUND
S�ction 1. Cr�ation of Pension Trust Fund.
The Village of Tequesta General Employees' Pension Trust Fund for the purpvse
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:
Arxumulated Contributions means a Member's owm contributions without interest.
Actuarial Equivalent means a benefit or amount of equal value, basecl upon the
mortality tables util¢ed by the Board's actuary or aduaries during most recent actuarial
valuation, and an 8% rate of interest.
Average Final Compensation shall mean one-twelfth (1/12) of the average $alary
of the five (5) best years of the last ten (10) years of cr�dited senrice prior to retirement,
termination, or death, or the career average as a full time General Employee, whichever
is greater. A year shall be fwelve (12) consecutive months.
Beneficiarv means the person or persdns 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 Baard. If no designation is in effect, or if no person so designated is living,
at the time of death of the M�mber, 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.
ode means the Interr�al Revenue Code of 1986, as amended from timte to fime.
Credited Service means the tatal number of years and fractional parts of years of
service as a General Employee who makes member contributions to the Ptan, omitting
intervening years or fractional parts of years when such General Employee was not
1
August 29, 2003
employed by the Vllage of Tequesta. A plan member may volunfiaarily leave hi�/her
contribution in the Fund for a period of five (5) years after leaving the employ of the Viilage
af Tequesta pending the possibility of being rehired in a full time position by tFie �Ilage of
Tequesta writhout losing credit for the fime of active participation as a plan member.
Should the employee not t� re-employed with the V'illage of Tequesta in a full time
capacity writhin five (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 Nlerchant Marine,
volunfarily �r invofuntarily, upan being granted leave by the Village of Tequesta and
separation from employment as a�Ilage ofi Tequesta plan member, shall be added tc�
his/her years of credit�d service provided that:
A. The General Erraployee retums to hislher full time employment with the
�Ilage qfi Tequesta avithin one (1) year from the date of his/her mifitary
discharge.
B. The General Employee deposits into the Fund the same sum that the
Member would have contributed if helshe had remained a General
Employee, plus an amount of interest thafi substantialfy appro�amates the
amount eamed by the Fund from the date of retum to emp(oyment to the
date of deposit.
C. The ma�cimum credit for military service shall be five (5) years.
EfFective Date means the date on which this Ordinance bec:omes effiective.
Fund means the Trust Fund established herein as part of the System, forthe benefit
of General Employees.
General Emplayee means an acfively employed full-time person employsd by the
Village ofTequesta, including his initial probationary ernployment period, excluding certified
Firefighters and certified Palice Officers.
General Em I�oy�e Board means the board of trustees provided hereunder to
administer and manage the funds for the benefit o# the General Employees.
Member means an actively employed General Employee that fulfills the applicable
prescribed participation requirements.
One hundred and twenty monthlypa r�r nents guaranteed means benefits are payable
for the life of a retir� with a guarantee of 120 monthly payments. Should a member die
2
August 29, 2003
before 120 monthly payments (10 years) are made, then the remainder ofthe 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 longevifiy bvnus.
Soouse means the lavuful vuife or hustrand of a ptan member at the time of pre-
retirernent, death or retirernent.
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.
System means the �Ilage of Tequesta General Employees' Pension Trust Fund as
cantained herein and all amendrx�ents fhereto.
Vested deferred re#irement means a Memberwho le�ves the employ of the Village
wi�th 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.
Ulla e means fihe Village of Tequesta, Florida.
2. Masculine C�nder. The masculine gender, where used herein, unless the
context specifically requires otherwrise, shall include both the feminine and masculine
genders.
Section 3. iVlembersham.
1. Condition of Eli ibilifir
All full time General Employees as of the effecfive date, and all future new
full time General Employees shall become Members of this 9ystem as �
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 condifions of the Retirement System,
and,
3
August 29, 2003
B. Designation of a beneficiary or beneficiaries, and,
C. A c��tfied statement as to prior medical and psychologic�i history.
3. Chan�e in De�ignafian of Beneficiarx
A ra�ember may from time to time chang� his designated benefiGary by
written notice to the Baard upon forms provided by the Board. Upon such
change, the rights of all previously des�gnated beneficiaries to rec�ive any
benefits under the System shall cease.
Section 4. Bo�rd of °Trustees.
1. The sole and exclusive administration of and responsibility for the proper
operation of the retirement system and for making eifective the provisions of fhis ordinance
is hereby vested in a Board of Trustees. The Board shall consist of five (5) Trust�es, twa
(2) of whom, unless otherwise prahibited by law, shall be legal residents of the mun�cipaliiy,
who shall be appointed by the Tequesta Ullage Council, and two (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 ofher 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 per�on ta 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 finra (2) year term unless the office is saoner vacated and may succeed
hirt�self or herself in office. E�ch resident Trustee shall serve as Trusfiee for a period of two
(2} years unless sooner replaced by the Tequesta Viltage Cauncil at whose pleasure the
Trustee shall serve, and may succeed himself or herself as a Tnustee. Each General
Employee Trustee shall serve as Trustee for a per�od of two (2) years, unfess he/s�e
sooner leaves the employment of the Village or otherwise vac�tes his/her office as Trustee,
whereupon a successor shall be chosen in the manner as the departing Trustee. Each
employee representative Trustee may suviceed himself or herself in offic�. The General
Employee Board shall meet at least quarterly each year. The Board shall be a tegal enfity
with, in addition to other powers and responsbilities contained herein, the powerto bring
and defend lawsuits of every kind, nature, and descriptian.
2. The Board shall, by majority vote, elect a chairman and secretary. The
secretary of the Board shali keep, or cause to be kept, a complete minute book of the
ac�ions, proceedings, or hearings of the Board and shall preside over Board meefings in
the absence of the Chairman. The Trustees shall not receive any compensation as such,
4
August 29, 2003
but may receive expenses and p�r diem as provided by law.
3. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmafive
votes shall be necessary for any decision by the Trustees at any meeting of the Board. A
Trustee shatl have the right to abstain from voting as the result of a confli�t of interest
provided that Trustee states ira wrriting the nature of the ec�nflict c�mpfies vuitFti the provisians
a# Section 112.3143, Florida Statutes.
4. The Board of Trustc�s shall engage such actuarial, accounting, legal, and
other services as shall be requir�! to transact the business of the Retirement Systenn to
administer and manage the fund and to meet the requirements of applicable law. The
compensatian of alt persons engaged by the Board of Trustees and all oth�r expenses of
the Board necessary for the opera�tion 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. �he duties and responsibilities of the Board of Trustees shall include, but no#
necessarily be limited #o, the following:
A. To consfirue the provisions of the System and deteRnine all questions
arising thereunder.
�. To determine all quesfions rela#ing to eligibility and participation.
C. To determine and certify the amount of all retirement allowances ar
other benefits her�under.
D. To establish uniform rules and procedures to be followed for
administrative purposes, benefrtapplicationsand all matters required
to administer the System.
E. To distribute to Niembers, at regular intervals, inforrr�ation conceming
the System.
F. To receive and process all applicationsfor participation and benef�ts.
G. Ta authori�e all paymentswhatsoeverfrom the Fund, and to notifythe
disbursing agent in wrifing of approved pension payrnents and other
expendita�res arising through operation of the System and the Fund.
H. To have performed actuar�al studies , in ac�rdance with Florida
Statut� 112.63 providing a rApy of the same to the Division of
Retirement, and with at least biennial valuations, and make
recommendafions regarding and all changes in the pravisions of the
5
August 29, 2003
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 ofwhich
must be provided to the Division of Retirement.
K. Ta 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.
�,. Ta perForm such other duties as are specified in this Ordinance.
M. To adopt and be guided by Statements of Investment Policy
appliqble 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 �und Managernent.
Establishment and Operation of Fund.
1. p►s part of the System, thene is hereby established a Fund, into which shall be
deposited all of the contributions and assets whatsoever attributabfe to the System, for the
benefit of General Employees.
2. The actual custody and supervision of the Fund (and assets thereofl shall be
vested in #he Board of Trustees. i'ayment of benefits and d�slaursements from #he �und
shall be made by the Village on the Baard's agreement, but only upon written author¢ation
from the Board.
3. All funds and securifies of the Fund may be deposited by the Board of l"rustees
with the Treasurer of the municipality, acting in a minis#erial capacity only, who sha16 be
liable in the same manner and #o the same extent that as he is liable for the safekeeping
of funds far the municipality. However, any funds and securities so deposited with the
Treasurer af the municipality shall be kept in separate funds by the Treasurer or �early
identified as such funds and securities of the General Employee Trust Fund. In lieu
thereof, the Board of Trustees shall deposit th� �unds and securities of the F�tnd in a
qualified public depository or depositories as defined in Section 280.02, Florida Statutes,
which depository or depasitories with regard to such funds and securities shall conform to
6
August 29, 2003
and be bound by all of the provisions of Chapter280, Florida Statutes. In order to fulfill its
investment responsibilities as set forth herein, the Board may retain the services af a
custodian bank or banks, an investment advisor or advisors registered under Investment
Advisors Act af 1940, registered broker dealer or otherwise exempt from such required
registration, an insurance company, or a r.ombination 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 tl�e Board, in the investment of
al1 fund assets.
4. Accurate records shall be maintained at all times reflec�iing the market valuatians
of funds and assets af the F'und, inc�uding accurate current accaunts and entries as
r�gards the foltowing:
A. Current amounts of Accumulated Contributions of Members on both
an individual and aggregate ac�ourrt basis, and
B. Receipts and disbursements, and
C. Benefit payments, and
D. Current amounts clearly r�flecting all moneys, funds and assets
whatsoever attributable to contributions and deposits fram the Ullage,
County or State, and
E. All interest, divid�nds and gains (or losses) �nrhatsoever, and
F. Such other entries as may be properly required so as fio reflect a clear
and c;omplete financial report of the Fund.
5. An independent audit shall be performed annually by a certified public
accountant far the most recent fiscal year of the �Ilage showing a detailed listing of assets
and a statement of all income and disbursements during the year for each Fund. Such
incame and disbursements must be reconciled writh the assets at the beginning and end
of the year. Such report shaU reflec# vomplete evaluations of a$set$ on bath a cost and
market basis, as well as other items normally included in a certified audit.
6. The Board of Trustees shall have thefollovving investrnent powers and authority:
A. The Board of Trustess shall be vested virith full legal title to the Fund,
subject, however, and in any event to the authority and power of the
Tequ�sta �Ilage Council to amend or terminate this Trust, provided
that no aPnendrn�nt or Fund t�rrnination shall �ver result in the use of
7
August 29, 2003
any assets of the Fund except far the payment of regular expenses
and benefits under this System. All contributions from time to fime
paid into the Fund, and the income thereof, without distinction
beiween principal and incame, shall be held in the Fund and
administered by the Board or it� Agents.
B. All moneys paid into or to be held by the Fund shall be invested and
reinvestecl by the Board and the investment of all or any part of such
funds shall be limited to:
(1) Annuity and life insurance cantracts of life insuranc�
campanies in amoun#s sufficient ta provide, in whole or in part,
the benefit� to which all of the participants in the Fund shall be
entitled under the provisions of the Plan and paythe init�al and
stabsequent premium thereon.
(2) Time or savings accaunts ofi a national bank, a state bank
insured by the Bank lnsurance Fur�d, or a savings and loan
association insured by the Savings Associa#ion Insurance
Fund wrhich is administered by the Federal Deposit Insurance
Corporation or a state orfederal chartered credit union whose
share accounts are insured by the National Credit Union Share
Insurance Fund.
(3) Obligations of the United States or obligatians guaranteed as
ta princip�l and interes# by the govemment of the United
States.
(4) Bonds issued by the State of Israel.
(5) Bonds, stocks, commingled funds administered by National or
State Banks or evidences of indebtedness issued or
guaranteed by a corparation organized under the laws of the
United States, or registered investment company pursuant to
the Investment Advisors Act of 1940, any state or organized
tearitory 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 hoids a
rating in one of the three highest class'�fications by a major
rating servioe, and if such investments are made in a pooled
fund administered by a state or nafional bank, then the rating
of each issue in the pooled fund shafl hald a rafing within the
top three (3) rating classifications af a major rating senrice.
8
August 29, 2003
(6) Real estate.
(7) All monies paid into or held in the Pension Fund shall be
invested and reinvested by the Baard 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.
(8) Up to 10% of the Plan assets may be invested in foreign
securities.
C. The �oard of Trustees shall not invest more th�n five percent (5%) of
its assets in the cammon stock or capital stock of any one issuing
company, nor shall the aggregate investment in any one issuing
company exceed five percent (5%) of the outstanding capital stock of
that company; nor shall the aggregate of its investments in common
stock, capital stock and convertible bonds at cost exceed sixty percent
(60%) af the assets of the Fund.
D. The Board of Trustees may retain in cash and keep unproductive of
incomesuch amountofthe Fund astheymaydeem advisat�le, having
regard for the cash requirements af the System.
E. No person or enfity 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 or its own
negligence, wilfful misconduct or lack of good faith.
F. The Board may cause any investment in secur�fies held to be
registered in or iransferred into their name as Trustee or into th�
name of such naminee as they may direct, ar they may retain them
unregistered and in form permitfing transferability, but the books and
records shall at all �times show that all inv�trnents are part of the
Trust Fund.
G. The Board is empowered to vote upon any stocks, bonds ar securi�ies
of any corporatian, association, or trust and to give general or spe�cific
pro�aes or powers of attomey with or writhout power of substitution; to
participate in mergers, reorganizations, recapitalization,
consolidationsand sirnitartransactionswith respectto such securities;
to deposit such stock or other securifies in any vofing trust or any
protecfive or like committee with the Trustees or with depositories
designated thereby; to amortize or fail to amortize any part of all of the
9
August 29, 2003
premium ar discount resulting from the acquisition or disposition of
assets; and generally to exercise any of the powers of an owner with
respect to stacks, bonds, or other investments cornprising the �und
which it �nay deem to be the best interest of the Fund to exercise.
This power may be delegated to an agent by the Board af Tre�stees.
H. The Boaa�d shall not be required to make any inventory or appraisal ar
report to any c;ourt, nor secure any order af court for the exercise of
any power contained herein.
I. Where any action which a Board is required to take on any duty ar
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 �Ilage, the Department or any other entity,
of specific information, certification, direction or instructions, the Baard
shall be �ree of liability in fiailing tc� take such actian 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 c:aused by errors of computation shall be adjusted writh
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 susfiain no liability whatsoever for the sufficiency ofi a
Fund to meet the payments and benefits herein provided.
L. Any of the foregoing powers and funcfions may be perFormed or
c�med out by the Board through dufy authorized Agents, provided
that the Board at all times maintains continuous supervision over ifie
acts of any such Agent; provided further, that legal title to a Fund shall
always remain in the Board ofi Trustees.
M. A Board shall not invest more than ten percent (10%) at cost of its
assets in real properly or real estate and there shall be na investment
in a limited partnership or trust.
N. The �Ilage shall maintain Fiduciary Liabili#y insurance #o cover the
members of the Board ofi Trustees.
10
August 29, 2003
Section 6. Contributions.
1. Member Contributians
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 �Ilage
on behalf of the Member shall be deposited with the Baard of
Trustees immediately afterthe withholding of such contributions. The
contributions made by each Memberto the Fund shall be designed as
employer contributions pursuant to Sedion 414(h) of the Code. Such
designation is contingent upan the contributians 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. Village Contributions
So long as this System is in effect, tt�e �Ilage 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 af Chapter 112, Florida Statutes.
�. Other
Private donafions, gifts and contributians may be deposited to the Fund, but
such deposits must be kept separately and kept on a segregated bookkeeping basis.
Funds arising from these sourc�s may be used only for additional benefits for Members,
as determined by the Board, and may not be used to reduce wrhat would have atherwise
been required by �Ilage contributions.
Section 7. Benefit Amounis and Eligibilitv.
1. Normal Retirement Data.
A Member's nomnal retirement date shall be the first day of the month
coincident writh, or next following the earlier of:
a) attainment of age sixty-two (62) regardfess af years of credited
servic�, or
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August 29, 2003
b) attainment of thirty (30) years of credited service regardless of age.
A Member may retire an his normal retirement date or on the first day of any
month thereafter, and each Member shall become 100% vested in his
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 Gen�ral Err�ployee, on or after the n�rmal retirernent date.
2. Normal E2etirement Benefit
A Member retiring hereunder on or after his normal retirement date shall
receive a monthly benefitwhich shall commence on his Retirement Date and be continued
thereafter during th� Member's lifefime, ceasing upon death, butwith one hundred twenty
(120) monthly paymen#s guaranteed in any event. Benefiits are payable for the life af a
retiree with a guarantee of 120 monthly payments. Should a member die before 120
manthly payments (10 years) are made, then the remainder of the 12q monthly payments
wrill be paid to a beneficiary. Should a member receive more than 1 ZO monthly payments,
then no benefit is payabfe to a beneficiary. The monthly retirement benefit shall equal finro
percent (2%) of average final compensafion, for each year of credited service (2% x
average final compensafian x years caf credited service).
3. Early Retirement Date
A Member may retire on his/her early retirement date vuhict� shall be the first
day of any month coincident with or next following the later of the attainment of age fifty
(50) and the campietion of six (6) years af credited service. Earty retirement under the
Pfan is retirement firom employment with the �Ilage of Tequesta on or after the early
retirement date and prior to the normal refirement date.
4. Ear�y Retirement Benefit
A Member retiring hereunder on hisfier early retirement date may receive
either a deferred ar an irnmediate rnonthly retirement benefit payable for life, but with �n�
hundred twenty (120) monthly payments guaranteed in any event, as follow�s:
A. A deferred monthly refirement benefit which shall commence on uvhat
would have been hislher normal retirement date had he/she remained
a General Employee and shall be cont+nued on the first day of each
month thereafter. The amount of each such deferred manthly
retirement benefit shall be determined in the same manner as fior
retirement as his/her normal retirement date except that credited
service and average final compensation sha{I be determined as of his
early retirement date; or
12
August 29, 2003
B. An immediate manthly retirement benefit which shalt commence on
his/her early netirement date and shall be continued on the first day of
�ach month thereafter. The benefit payable shall be as determined
in paragraph A above, which is actuarially r�uced from the amount
to which he/she would ha�e been enti�tled had he/she retired on
his/her normal retirement date and with the same number of years of
credited service as at #he time his/her benefit commence and based
on his average final compens�tion at that date. In no event shall the
early retirement reduction excesd five percent (5%) each year by
which the commencement of benefits precedes the IVlember's normal
retirement date.
Section 8. Pre-retirement Dea�th.
Upon th� dea�th of any vested member, whether or not still in active employment,
a surv'nror benefit is payable to the beneficiary starting when the member would have
reached retinement age. The benefit is equal to the vested pension benefit.
Section 9. [�sabilit�►.
1. Disability Benefits On-Duiy
Each full time employee who is a participant in the Pension Fund System and who
becomes totally and permanently disabled while an active emptoyee of the �Ilage of
Tequesta to the extent that helshe is unable, by reason of a rnedically determinable
physic�l or mental impairment, to render useful and efficient service as a General
Employee, which disabili�ty was directly caused by the performanc� of his/her duty as a
General Employee shall upon estabfishing the same to the satisfacfion of the Board, be
entitled to the greater �f A or B:
A. Of the injury ar disease is serv"� 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
c�mpensation as of his/her disability retirement date, or
(2) an amaunt equa! to the number of years of his/her cred6$ed
service multiplied by 2% af his/her average monthly salary
based upon his/herfinal 5 years of servioe.
13
August 29, 20Q3
2. Disabi�' Benefits OfF Duty
Every General Employee 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 servic� as a General Employee which disability is not directly caused
by the perFormance of his/fier dufies as a General Employee shall be entitled to the greater
ofAorB:
A. a monthly pension equal to 25% of his/her average monthly
compensation based upon his/her final 5 years vf service, or
B. An amount equal to the number of years of his/her credited
service multiplied by 2% of his/lier average monthly salary
based upon his/herfinal 5 years of servioe.
3. Conditions Disqualifying Disability Benefits
Each General Employee 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 alcohat.
B. Injury or disease sustained while wrillfully and illegally participating in
fights, riots ar civil insurrecfions.
C. Injury or disease sustained while cammitting a crime.
D. Injury or disease sustained while serving in any branch of the Armed
ForcBS.
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 Emptoyee 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 �Ilage begins. This subparagraph applies only in the event of a
duty injury or disease.
14
August 29, 2003
4. Physical Examina�ion Requirement
An employee shafl not become eligibie for disability benefits until and unless
he/she undergoes a physical examination by a qualified physician or physicians and/or
surgeons, who shall be selected by the Board for that purpose.
Any person receiving disabilitybenefit under provisions of this Ordinance rnay
be periodically re-examined by a qualified physician or physicians and/or surgeon ar
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 ta render useful and efFcient servic� as a General
Emplayee the Board shali recommend to the Village that the retiree be retumed fo their
previous perFormance of duty as a General Employee, and the r�tiree so retumed shall
enjoy the same righ#s that Member had at the time he/she was plaved upon pension. In
the even# the retiree is so ordered to retum shall refuse to comply with the order within
thirty (30) days from the issuance ther�eof, Member shall for�eit the right to his/her pension.
The cost of the physicaf examination and/or re-examinafion of the employee
or retiree claiming and/or receiving disability benefits shall be bome by the Board of this
Pension Fund System. Atl other reasonable costs as determined by the Board incident to
the physical examination, such as, but not limited ta, transportation, meals and hotel
acc�mmodations, shall be bome by the Board.
If the retiree recoversfrom disability and reenters his/herformerservicewith
the �Ilage 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 disa6ili�ty retirement income paymentand ending with the date he/she reenterec!
the service of the �Ilage will not be considered as credited service for the purposes af the
Plan.
The Bciarcl shall have the power and authority to make the final decision
regarding all disability claims.
5. Disabil' Pavments
The manthly benefit to which a Member is enfitled in the event of the
Member's disability retirem�nt 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
August 29, 2UO3
normal retirement date, the payment due next pre�eding the date of
such recovery, or
B. If the plan member dies withaut recovering from the disabitity prior to
his/her normal retirement date while still disabled, the payment due
next preceding his death or the 120'" monthly payment, whichever is
later.
Section 10. Vestin4.
If a Member terminates his employment with the �Ilage of Tequesta, either
voluntarily or by discharge, and is not eligible for any oth�r benefits underthis System, the
Mernber shall be enfitled to the fpllowing:
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 service upon termination, or
altematively, the Member has attained the age of sixty-finro (62), regardless of creclited
years of service, the Member shall be entitled to � monthly retirement benefit that is the
actuarial equivalent of the amount of such retirement incorne otherwise payable to himmer
commencing at the Member's otherwise normaf or early retirement date, provided he/she
does not elect to withdraw his/her accumulated contributians and pravided the Member
survives to his/her normal or early retirement date.
3. Any plan member of the System whose position is terminated, for whatever
reasan, but who is employed by the Village in some c�apaciiy, shall have all retirement
benefits accrued up to the date of such termination underthis 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 narmal �etirement date
hereunder, or later, in accordance with the provisions of this System.
Section 11. Optional Forms of Benefits.
1. In lieu of fihe amount and form of retirement income payable in the event of
normal ar early retirement as specfied herein, a plan member, upon written request to the
Board of Trvstees 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 incame or if such request is made wnthin six (6) months
following the effective date of the Plan, if later), and subject to the approval of the Baard
of Trustees, may elect to receive a retirement incame or benefit of equivalent aduarial
16
August 29, 2003
valuation payable in accordance with one of the follawing options:
A. A retirement incame of a larger mon#hly amount, payabie to the
Member for his/her lifetime only.
B. A retirem�nt 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 fallowing the death of either
of them, 100%, 76%, 66-2/3%, or 50% of such monthly amounts
payable to the sunrivor for the lifetime of the survivor.
C. Such ather amount and form af retirement payments or benefits as,
in th� opinion of the Board of Trustees, will best meet the
circumstances of the retiring Member.
2. The Member, upon elecfing any option of this section, will designate the joint
pensioner or beneficiary (ar beneficiaries) to receive the benefit, if any, payable under the
Plan in the event of the Member's death, and witl have the power to change such
designatiort #rom time to time, but any such change shall be deemed a new election and
will be subject to approval by the Board of Trustees. Such designation will name a joint
pensioner or one or more primary l�nefrciaries where applicable. If a Member has elected
an option with jaint pensianer or benefiaary and the Member's retirement income benefits
have commenced, the Member may thereafter change his designated jaint pensioner or
beneficiary, but only if the Boerd of Trustees consents to change and if the joint pensioner
or beneficiary, but only if th� Board of Trus#ees 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 rtot be
required.
4. The Board of Trustees may request such evidence of the good health af joint
pensionerthat 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 accaunt the age and sex of the former joinfi 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 wilf be filed with the Board of
Trustees.
In the event that no designated beneficiary sunrives the Member, s�uch 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
August 29, 2003
5. Retirement incdme payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the following
limitafions:
A. If a Member dies prior to his/her normal retirement date or eariy
retirement date, whichever occurs, no retirement benefit wiil be
payable under the option to any person, but the benefits, if any, will
be determined under Section 8.
B. If the designate�l benefiaary (or beneficiaries) or joint pensioner dies
before the Member's retirement underthe Plan, the option elected wrill
be c�nceled automatic�ally and a retirement income of the normal form
and amount wif! be payable to the Member upan his/her retirement as
if the elec#ion had not been made, unless a new election is made in
accardance with the provisions of this section or a new beneficiary is
designated bythe Memberpriorto his/her retirement and within ninety
(90) days aiter the death of the beneficiary.
C. If both the retired Member and the beneficiary (or beneficiaries)
designated by #he Member die before the full payment has been
effected under any opfion 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 discrefion, direct that the computed
value of the remaining payments be paid in a lump sum and in
accardance 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 eifect, monthly retirement income payments will be
made, or a retirement benefit wi11 be paid, under the option to a
benefiiciary (or beneficiariss) designated bythe Member in the amount
or amounts computed as if the Member had retired under the opfion
on the date on which hislher death occurrecl.
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
August 29, 2003
the Board of Trustees, designate a beneficiary (or beneficia�ies) 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 deeeased Member fails to name a benefleiary in the manner prescribed in
subsection 1, Qr 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 th� 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 provisians of this ordinance
for disability, ar
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 case. The Board shall review the
c�se and enter suGh order thereon as it deems right and proper wifihin
si�ctjr (60) days firorn receipt of such written request and the receipt by
the Board of a written medical release authoriz�ation and a lisfi of
names and addresses of all treating health care providers for suGh
review of disability claims; provided, #hat the Board may e�end 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 th�t the order from the Boarcl denies the claim for a change in
such benefits or denies the claim for benefits, the order afthe Board shall be
put in writing. Such written order shall include:
19
August 29, 2003
A. The specific reasons fior the deniai, including specific referen�es to
pertinent provisions of the retirement system on which such denial is
based;
B. A description of any additional ma#erial 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 reviewr, the Member or his/her duly authorized
r�presentative may review any per#inent documents inciuding Plan
provisic�ns, minutes of the meeting of the Board in which denial fo the
claim was ariginailyrecommended, and �ny otherdocuments materia!
to th� 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 the order of the Board.
Upon receipt of the written submission by the Member, the Board
shall schedule an opportunity for a fu11 and fair hearing of the issue
within the ne�ct ninety (90} days, and such scheduled hearing shall be
communicated in writing to the Member. �"he Mernber and/or his/f�er
duly authorized representatnre rnay then appear at such scheduled
hearing to present their case. The Board shall consider the #acts
presented at the scheduled hearing �nd shall, within thirly (30) days
after suclh hearing, make a final ruling in vuriting on the request of the
Member. The written decision shall include the reasons for s�ch
decision and, such decision shall be final.
(a) The Chairman shaH preside over the hearing and shall
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. Proc�dural
rnofions are to be determined by the Chairman of the
Board at any t6me. All partie,� are to fumish copies of all
pleadings to #he oppasing parties and exchange lists
20
August 29, 2003
with names and addresses of witnesses expected ta be
called to testify at the hearing, as well as the list of
exhibits that are intended to be introduced, at least
farly-five (45) days prior to the hearing. Testimony of
witnesses shalf be under oath ar 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 ta
respond to the evidence presented against the party.
Each party shall have the right to present any opening
and closing arguments. Any party may seaure the
servic�s of a court reporter to record the proceedings
with the cost to be bome by the �rty requesting the
court reporter ar requesting the transcription of the
proceedings.
c) In all cases, unless otherwise provided in this sec#ion,
the burden of proof shall be on the claimant who seeks
to draw hisJher entitlement to a pension, disability
pension, or increased pension benefits.
3. In all proc�edings under subsections 1 ar 2 hereof, the Board shall have the
pawrer 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 provisians 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 s�all
keep a record of all General Emplayees employed by the Municipaliiy wrho 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
August 29, 2003
Section 13. Board Attorney and Professionals.
The Boards may employ independent legal counsel at the Pension Fund's expense
forthe purposes contained herein, togetherwith such otherprofessional, technic;al, orother
advisors as the Board deems necessary.
Section 16. Maximum Pension.
1. Basic Limitation. Subject to the adjustments herein set forth, the ma�cimum
amount of annual retirement income payable with respect to a Member under this Plan
shall not exceed the limitafions 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 wha has not previously participated in such
Plan, on ar after January 1,1980, shall not exceed 100 percent af his
average final compensation. Hawever, nothing contained in this
section shall apply to supplementat 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 ta receive a r�firement 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 pensian fram another retirement system or plan. This restricfian
does not apply to social security benefits or federal benefits under
Chapter 67, T�tle 10, U.S. Code.
Section 17. Commencement of Benefits.
1. Unless the Member otherwise elects, with such election being in wrifing and
to the Trustees and specifying the form of retirement income and date on which the
retirement income is to cammence, the payment benefits under the Ptan to the Member
shall commence not later than the 60�' day after the dose of the Ptan Year in which the
latest following �vents occur.
A. The attainment by the Member of age 65;
B. The 10�' anniversary of the date on which the Member cammenced
participation in the Plan; or
22
August 29, 2003
C. The termination ofithe Member's service with the Vllage of Tequesta
2. If the payment of a Member's retirement income cannot begin on the date
required under subsection 1 of the Section because the Trustees either cannot ascertain
the amount of the Member's retirement income or cannot loc�te �the Member after making
reasonable eiforts to do so, the payment ofithe Member's benefit shall begin not laterthan
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 rrvhich the payment of the Member's benefit was
schedWled to begin butwhich is not later #han the date specfied under subsection 1 of this
Section.
Seci:ion 18. Distribution of Benefits.
Noiwi#hstanding any other provision of this Pian to the contrary, a form of retirement
income payable from this Plan after the effective date of this ordinance, shall satisfy the
follawing conditions:
1. If the retirement income is payable before the Member's death,
A. it shall either be distributed ar cammence to the Member not tater
than April 1 of the calendar year following fihe later of the calendar
year in which the Member attains age 70'/, or the calendar 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
overthe lifetimes ofthe Memberand spouse, issue ordependent, or,
shall be paid overthe period extending not beyond the life expectancy
of the Member and spouse, issue or dependent.
Where a form of refirement income payment has commenced in accordance
with the preceding paragraphs and the Member dies before hisJher entire
interest in the Plan has been distributed, the remaining portion of such
interest in the Plan shall I� distributed na less rapidly than underthe form of
distribution in efFect at the time of the Member's death.
2. If the Member's deatk� occurs before the distribution of his/her interest in the
Plan has commenc�d, 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 rvles:
A. The Member's remaining interest in the Plan is payable to his spouse,
23
August 29, 2003
issue or depender�t;
B. The remaining interest is to be distributed over the life of the spouse,
issue or dependent or over a period not e�ending beyond the life
expectancy of the spouse, issue or dependent; and
C. Such distribution begins within one year of the Membe�'s death unless
the Member's spouse, issue or d�pendent shall receive the remaining
interest in which case the distribution need not begin before the date
on which the 11Aember would have attained age 70'/2 and if the
spouse, issue ar dependent dies befiore the distribufwn to the spouse,
issue or dependent begins, this Section shall be applied as i# the
spouse, issue or dependent were the Plan Member.
Section 19. Miscellaneous Provision.
1. tnterest 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 ar beneficiaries,
shall any part of the corpus or income of the Pension Fund be used fior or diverted to any
purpos� other than for their elusive benefit.
2. No amendment or ardinance shall be adopted by the �Ilage Council of the
�Ilage of Tequesta which shall have the effect of reducing the then vested accrued
benefits to Members or Members beneficiaries.
3. Rollaver Distribufions.
A. This subsection applies to distributions made on or after January 1,
1993. Notwithstanding any pravision ofi the Plan to the contrary that
would otherwise limit a distributee's election underthis subsecfion, a
distributee may elect, at the time and in the manner prescribed bythe
Board of Trvstees, to have any portion of an eligible rollover
distribution paid directlyto an eligible retirement plan specified bythe
distributee in a direct rollover.
B. Definitions.
(1) "Eligible rollover distribution° is any distributian 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 substanfially equal periodic paymen#s (not
less frequently than annually} made for the life (or life
expectancy) of the distributee or distributee's designated
24
August 29, 2003
beneficiary, or for a specified period of '6 0 years or more; any
distribution to the extent such distr�butian is required under
se�tion 401(a)(9) of the Code; and the port�on of any
distribution that is not incfudible in gross income.
�(2) �E9igible retirement plan° is an individual retirement account
described in section 408(a) af the Code, an individual
retirement annuity described in s�cfiion 408(b) of the Code, an
annuity plan described in section 403(a) of the Code, or a
qualified trvst described in secfion 401(a) of the Code, that
accepts the distributee's �ligible rollaverdistribution. However,
in the case of an eligibl� rollover dis#ribution to the suroiving
spouse, an eligible retirement plan is an individual retirement
account or individual refirement ac�r�uity.
(3} "Distributeefl includes an erv�ploye� or former employee. tn
addition, the employee's or former employee's sun+iving
spouse and the emp{oyee'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 writh regard ta the interest af the spouse
or former spouse.
(4) �Direct rollover" is a payment by the Plan to the eligible
retiremen# plan specified by the distributee.
Section 20. R�peal or Terminal�on of System,
1. This Ordinance e�tablishing the System and Fund, and subsequent
Ordinances pertaining to s�id System a�d Fund, may be modified, terminated, or
amended, in whole or in part; provided that if this ar any subsequent Ordinance shall be
amended or repealed in its appliqtion to any person benefitting hereunder, the amount of
benefits which ane 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 #o 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 M�mbers, any beneficiaries
then receiving retirement allowances, and any future persons enti�tled 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 ta the Sy�tem are discontinued, there
25
August 29, 2003
shalt be full vesting (100%) of benefits accrued to date of repeal and the assets af 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 priorifiy for purposes of allocating the
asse#s 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 shall first be made in respect of each retired General
Employee receiving a retirement or disability benefit hereunder 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 elig�ble for normal retirement but has not
yet retired, an amount wrhich is the actuarial equivalent of such
benefit, based upon the actuarial assumptions in use for purposes of
fihe most recent actuarial valuation, pravided 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 �Ifage 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 #he actuarial equivalent, as described in
A above, af 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 defeRed benefit wrha
has nat 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 assetvalue
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 Vllage of Tequesta on such date
who is not entitled to an apportionment under paragraphs A and B in
the amount equal to MembePs Accumulated Contributions, provided
26
August 29, 2003
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 equa{ to such remaining asset value.
D. If there be any asset value remaining after the appofionmenYs under
paragraphsA, B and C, apportionment shall lastly be made in respec#
of each Member i�ncluded 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 senrice and average monthly
eamings as of such date provided that, if such remaining assetvalue
be less than the aggregate ofi the amounts apportioned hereunder
such amounts shall be reduced so thatthe aggregafie 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.
The allocation of the Fund provided for in this subsec�tion may, as decided by the
Board be carried outthrough 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 c�rried 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. �xemation from Execution, Non assignability.
The pensions, annuities, or any other benefits accrued or accruing to any person
under the provisions of this Ordinance and the accumulated contributions and the cash
securifies 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,
gamishment or ar�y lega( 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 accordanoe wifih rules and regulations adopted by
the Board of Trustees.
27
August 29, 2003
Section 22. Pension Valid'rtv.
The Board of Trustees shall have the power to examine into the facts upan which
any pension shall heretofore have been granted and under any prior or existing law, or
shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reasons.
Said Board is empowered to purge the pension rolls of any person heretofore granted a
pension under prior or existing I�w or heretofore granted under this Ordinance if the same
is faund to be erroneous, fraudulent or illegal for any rea�n, 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. Forf�iture of Pension
Any Plan Member convicted of thefollowing offenses committed priorto retirement,
or whase employment is terminated by reason of his 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 accumuiated cxmtributions as of th� date of
terminatian.
1. Specified oifenses are as follows:
A. The committing, aiding or abetting of an �mbealement of public
funds;
B. The committing, aiding or abetting af any theft by a public officer or
emptoyee fram employer;
C. Bribery in connection with the employment of a public o�cer or
employee;
D. Any felony spe�ified in Chapter 838, Florida Statutes;
E. The cammitting of an impeachable ofFense.
2. The committing of anyfelony bya public officeror employee who willfully and
with in#ent to defraud the public or public agency, for which he acts or in which he is
emplayed, of the right to receive the faithful perForrnance of his duty as a public officer ar
employee, realizes or ob#ains ar attempts to vbtain a profit, gain, or advantage fior himself
or far some other person through use or attempted use of the power, r�ghts, privil�ges,
duties ar position of his public office or employment position.
28
August 29, 2003
A. Conviction shall be defined as follows:
An adjudication of guilt by a court of competent jurisdiction; a plea of
guilty or nolo confiendere; a jury verdict of guilty when adjudication of
guilt is withheld and the accused is placed on prabation; 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 ta considera proceeding involving the alleged commission
of a specified offense. Prior for�eiture, 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 Mernber shall be
afforded the right to have an attomey present. No formal rules ofi
evidence shall apply, but the Member shall be afforded a full
opportunity to present his case against forFeiture.
Any Member who has received benefi�ts from the System in excess of his
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 accumulated contributions. The Board of Trustees may
implement all legal action necessary to recover such funds.
Section 24. Military Service Prior to Employment.
the years or fractional parts of years that a IVlember serves or has served in the
military service of the Armed Forces of the United States or United States Merchant
Marine, voluntarity 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 Plan for the years or fraetional parts
of years for wrhich he/she is requesting credit plus amounts actuarially cfetermined such
that the crediting ofi service does not result in any cost ta the Fund plus payment of cosfis
for all professional services rendered to the Board in connection with the purchase years
of credited service.
2. The request shall be rnade 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
fram the date of his/her employment with the Village of Tequesta, whichever is la#er.
3. Payment by the Member of the required amount shall be made within six (6)
29
August 29, 2003
months of his/h�r request for credit and shall be made in one lump sum payment upon
receipt of which credited servioe shall be given. Credited service purchased pursuant to
this section shall be counted for all purposes except toward vesting of benefits.
4. The ma�mum credit under this section shall be five (5) years.
BSJ/ka
August 29, 2003
H:1Teques� GE 10121PIan Docs12002 Reshate CLEAN.wpd
30
Village of Tequesta
PUBLIC SAFETY OFFICERS'
TRUST PENSION TRUST FUND
"CLEAN COPY"
This document has the and underlinina omitted,
showing how the document will Iook upon passage.
September 5, 2003
EXHIBIT "A"
VILLAGE OF TEQUESTA
PUBLIC SAFETY OFFICERS' PENSION TRUST FUND
Section 1. Creation of Pension Trust Fund
The Village of Tequesta hereby creates and continues the Village of Tequesta
Public Safety Officers' Pension Trust Fund for the purpose of providing retirement, death
and disability benefits to Police Officers and Firefighters who are Members of this Fund,
certain formerVillage Police Officers and Firefighters and survivor benefits to beneficiaries.
Section 2. Definitions.
1. Statement of Definitions. As used herein, unless otherwise defined or required
by the context, the following words and phrases shall have the meaning indicated:
Accumulated Contributions means a Member's own contri6utions without interest.
Actuarial Equivalent means a benefit or amount of equal value, based upon the
mortality tables utilized by the Board's actuary or actuaries, and an 8% rate of interest.
Average Final �ompensation shall mean one-twelfth (1/12) of the average salary
. of the five (5) best years of the last ten (10) years of credited service prior to retirement,
termination, or death or the career average as a full time Firefighter or Police Officer,
whichever is greater. A year shall be finrelve (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 Trustees mean the Public Safety Board of Trustees, which shall
administer and manage the System herein provided and serve as Trustees of the Fund far
the benefit of Village Police Officers and Firefighters and their beneficiaries.
Chapters means Chapters 175 and 185 of the Florida Statutes as amended from
time to time.
Code means the Internal Revenue Code of 1986, as amended from time to time.
Credited Service means the total number of years and fractional parts of years of
1
September 5, 2003
service as a Police Officer, or Firefighter who makes member contributions to the Plan,
omitting intervening years or fractional parts of years when such Police Officer or
Firefighter may not have been employed by the Village of Tequesta. A plan member may
voluntarily leave his/her contribution in the Fund for a period of five (5) years after leaving
the employ of the Village of Tequesta pending the possibility of being rehired in a full time
position by the Village of Tequesta without losing credit for the time of active participation
as a plan member. Should the employee not be re-employed with the Village of Tequesta
in a full time capacity within five (5) years, his/her contributions shall be retumed to him/her
without interest. Should a Police Officer or Firefighter be subsequently re-employed as
such, he or she may re-purchase his or her years of credit or fractional parts of years of
credit by reimbursing such retumed contribution to the Fund, with interest.
The years or fractional parts of years that a Firefighter, or Police Officer serves in
the military service of the Armed Forces of the United States orthe United States Merchant
Marine, voluntarily, upon being granted leave by the Village of Tequesta and separation
from employment as a Village of Tequesta plan member, shall be added to his/her years
of credited service for all purposes including vesting, provided that:
A. The Firefighter or Police Officer must return to his/her full time employment
with the Fire Department or Police Department within one (1) year from the
date of his/her military discharge.
B. The maximum credit for military service shall be five (5) years.
Effective Date means the date on.which this Ordinance becomes effective.
Fire Department means the Tequesta Fire Department.
Firefighter means an actively employed full-time person employed by the Fire
Department, including his initial probationary employment period, who is certified or
required to be certified as a Firefighter as a condition of employment in accordance with
the p rovisions of 633.35 Florida Statutes, includin
extinguish fires, to protect life and to protect property .paramedic, and whose duty is to
Fund means the Trust Fund established herein as part of the System.
Member means an actively employed Police Officer or Firefighter that fulfills the
applicable prescribed membership requirements.
Police Department means the Tequesta Police Department.
Police Officer means any person who is elected, appointed, or employed full time
by the Village, who is certified or required to be certified as a law enforcement officer in
2
September 5, 2003
compliance with Florida Statute 943.1395, who is vested with authority to bear arms and
make arrests, and whose primary responsibility is the prevention and detection of crime or
the enforcement of the penal, criminal, traffic or highway laws of the state. This definition
includes all certified supervisory and command personnel whose duties include, in whole
or in part, the supervision, training, guidance, and management responsibilities of full-time
law enforcement officers, part-time law enforcement officers or auxiliary law enforcement
officers as the same are defined in F.S. 943.10(6) and (8) respectively. Police Officer also
shall include a public safety officer who is responsible for perForming both police and fire
services.
Public Safety Board means the Public Safety Board of Trustees provided hereunder
to administer and manage Funds for the benefit of Public Safety Officers.
Public Safety Officers means Firefighters and/or Police Officers.
Salary means the total cash remuneration paid to a police officer or firefighter for
services rendered.
S ouse 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.
S stem means the Village of Tequesta Public Safety C)fficers' 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.
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 Eliaibilitv
All full time Police Officers and Firefighters as of the effective date, and all
3
September 5, 2003
future new full time Police Officers and Firefighters shall become Members
of this System as a condition of employment, except that participation in this
system is optional for the Police Chief and the Fire Chief.
2. Membershia
Each full time Police Officer or Firefighter shall complete a form prescribed
by the Board which may include the following information:
A. Acceptance of the terms and conditions of the Retirement System,
and,
B. Designation of a beneficiary or beneficiaries, and,
C. A certified statement as to prior medical and/or psychological history.
3. Chanae in Designation of Beneficiar�r
A member may from time to time change his 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 shall consist of five (5) Trustees, two (2) of whom, unless
otherwise prohibited by law, shall be legal residents of the Village, who shall be appointed
by the Tequesta Village Council, and one (1) of whom shall be a full-time Police Officer
member of the System and one (1) of whom shall be a full-time Firefighter member of the
System. The fifth (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 separately elected by their full-time co-workers who are members
of the System in the applicable employee representative group, e.g. Police Officer or
Firefighter in which they are employed and shall be elected by a majority of the full-time
employees who are Members of the System within the applicable employee representative
group. Upon receipt of the fifth (5 person's name the Tequesta Village Council shall, as
a ministerial duty, appoint such person to the Public Safety Board as its fifth (5 Trustee.
The fifth (5 Trustee shall have the same rights as each of the other Trustees appointed
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September 5, 2003
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 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 vacates his/her office
as Trustee, whereupon a successor shall be chosen in the manner as the departing
Trustee. Each employee representative Trustee may succeed himself or herself in office.
The Public Safety Board shall meet at least quarterly each year. Such Boards shall be a
legal entity with, in addition to other powers and responsibilities contained herein, the
power to bring and defend lawsuits of every kind, nature, and description.
2. The Board shall, by majority vote, elect a chairman and secretary. The
secretary of the Board shall keep, or cause to be kept, a complete minute book of the
actions, proceedings, or hearings of the Board and shall preside over Board meetings in
the absence of the Chairman. The Trustees shall not receive any compensation as such,
but may receive expenses and per diem as provided by law.
3. Each Trustee shall be entitled to one vote. Three (3) affirmative votes shall
be necessary for any decision by the Trustees at any meeting of the Board. A Trustee
shall have the right to abstain from voting as the result of a conflict of interest provided that
Trustee states in writing the nature of the conflict complies with the provisions of Section
112.3143, Florida Statutes.
4. The Board of Trustees shall engage such actuarial, accounting, legal, and
other services as shall be required to transact the business of the Retirement System to
administer and manage their funds and to meet the requirements of applicable law. The
compensation of all persons engaged by the Board of Trustees and all other expenses of
the Board necessary for the operation of the Retirement System shall be paid from the
Fund they administer and manage at such rates and in such amounts as the Board of
Trustees shall approve.
5. The duties and responsibilities 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
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September 5, 2003
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 whatsoeverfrom the Fund and to notifythe
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
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 ofwhich
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.
N. To adopt and be guided by Statements of Investment Policy
applicable to all funds under the control the Public Safety Board of
Trustees as r equired f rom t ime t o t ime b y F.S. 1 12.661, e t s eq.,
and/or its successor statutes.
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September 5, 2003
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 shail 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 Pub(ic Safety
Board.
2. The actual custody and supervision of the Fund (and assets thereofl 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 oniy 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 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 for the safekeeping of funds
for the Village. However, any funds and securities so deposited with the Treasurer of the
Village shall be kept in separate funds by the Treasurer or clearly identified as such funds
and s ecurities o f t he P ublic S afety O fficer T rust Fund. I n I ieu t hereof, t he B oard o f
Trustees shall deposit the funds and securities of the Fund in a qualified public depository
or depositories as defined in Section 280.02, Florida Statutes, which depository or
depositories with regard to such funds and securities shall conform to and be bound by all
of the provisions of Chapter 280, Florida Statutes. 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 othenrvise exempt from such required registration, an insurance company, or a
combination of these, for the purposes of investment decisions and management. Such
investment m anager o r m anagers s hall h ave d iscretion, s ubject t o a ny g uidelines a s
prescribed by the Board, in the investment of all fund assets.
4. All funds and securities of the System shall be accounted for separately based
upon the two (2) applicabfe ernployee classes within the Fund namely, the Pofice Officers
and F irefighters i n t he P ublic S afety O fficers T rust F und. A ccurate r ecords s hall b e
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, inc(uding
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
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September 5, 2003
C. Benefit payments, and
D. Current amounts clearly reflecting all moneys, funds and assets
whatsoeverattributable 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.
G. Such other entries as required by the Chapters.
5. An independent audit shall be performed annually by a certified public
accountant forthe 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
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 orto be held shall be invested and reinvested by
the Board and the investment of all or any part of such funds shall be
limited to:
(1) Annuity and life insurance contracts of life insurance companies
in amounts sufficient to provide, in whole or in part, the benefits to
which all of the participants in the Fund shall be entitled under the
provisions of the Plan and pay the initial and subsequent premium
thereon.
(2) Time or savings accounts of a national bank, a state bank insured
8
September 5, 2003
by the Bank Insurance Fund, or a savings and loan association
insured by the Savings Association Insurance Fund which is
administered bythe 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 govemment of the United States.
(4) Bonds issued by the State of Israel.
(5) Bonds, stocks, commingled funds administered by National or
State Banks or evidences of indebtedness issued or guaranteed by
a corporation organized underthe laws ofthe United States, anystate
or organized territory of the United States, or the District of Columbia,
provided that the corporation is traded on a nationally recognized
Exchange and in the case of bonds only holds a rating in one of the
four h ighest c lassifications b y a m ajor rating s ervice, a nd i f s uch
investments are made in a pooled fund administered by a state or
national bank, then the rating of each issue in the pooled fund shall
hold a rating within the top four (4) rating classifications of a major
rating service.
(6) Real estate.
(7) Up to 10% of Plan assets may be invested in foreign securities.
(8) All monies paid into or held in the Pension Fund shall be
invested and reinvested by the Board of Trustees and the investment
of all or any part of such funds shall be invested in accordance with
an established investment policy adopted by the Board of Trustees.
C. The Board of Trustees shall not invest more than five percent (5%) of
its assets in the common stock or capital stock of any one issuing
company, nor shall the aggregate investment in any one issuing
company exceed five percent (5%) of the outstanding capital stock of
that company; nor shall the aggregate of its investments in common
stock, capital stock and convertible bonds at cost exceed sixty percent
(60%) of the assets of the Fund.
D. The Board of Trustees may retain in cash and keep unproductive of
income such amount of the Fund as it may deem advisabfe, having
regard for the cash requirements of the System.
9
September 5, 2003
E. No person or entity shali 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 or its own
negligence, willful misconduct or lack of good faith.
F• The Board may cause any investment in securities held to be
registered in or transferred into their name as Trustee or into the
name of such nominee as they may direct, or they may retain them
unregistered and in form permitting transferability, but the books and
records shall at all times show that all investments are part of the
Trust Fund.
G. The Board is empowered, to vote upon any stocks, bonds or
securities of any corporation, association, or trust and to give general
or specific proxies or powers of attomey with or without powrer of
substitution; to participate in mergers, reorganizations,
recapitalization, consolidations and similar transactions with respect
to such securities; to deposit such stock or other securities in any
voting trust or any protective or like committee with the Trustees or
with depositories designated thereby; to amortize or fail to amortize
any part of all of the premium or discount resulting from the
acquisition or disposition of assets; and generally to exercise any of
the powers of an owner with respect to stocks, bonds, or other
investments comprising the Fund which it may deem to be the best
interest of the Fund to exercise. This responsibility may be delegated
to an Agent for the Board.
H. The Board shall not be required to make any inventory or appraisal or
report to any court, nor secure any order of court for the exercise of
any power contained herein.
�• Where any action which the Board is required to take on any duty or
function which it is required to pertorm 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 pertorm 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
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September 5, 2003
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 camed out by the Board through duly authorized
Agents, provided that the Board at all times maintains continuous
supervision over the acts of any such Agent; provided further, that
legal title to the Fund shall always remain in the Board of Trustees.
M. The Board shall not invest more than ten percent (10%) at cost of its
assets in real property or real estate and there shall be no investment
in a limited partnership or trust.
N. The Village shall maintain Fiduciary Liability insurance to cover the
members of the Board of Trustees.
Section 6. Contributions
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
Tr usteesimmediatelyafterthewithholdingofsuchcontributions. The
contributions made by each Memberto the Fund shall be designed as
employer contributions pursuant to Section 414(h) of the Code. Such
designation is contingent upon the contributions being excluded from
the Members' gross income for Federal Income Tax purposes. For
all other purposes of the Plan, such contributions shall be considered
to be Member contributions.
B. Method. Such contributions shall be made by payroll deduction.
2. State Contributions
Any monies received or receivable by reason of laws of the State of Florida,
for the express purpose of funding and paying for retirement benefits for Police Officers
or Firefighters shall be deposited with the applicable segregated account in the Trust Fund
11
September 5, 2003
comprising part of this System immediately and under no circumstances more than five (5)
days after receipt by the Village.
3. Villaqe 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 actuariai deficiency shown by an actuarial valuation as provided in
Part VII of Chapter 112, Florida Statutes.
4. Other
Private donations, gifts and contributions may be deposited to the Fund, but
such deposits must be kept separately and kept on a segregated bookkeeping basis.
Funds arising from these sources may be used only for additional benefits for Members,
as determined by the Board of Trustees, and may not be used to reduce what would have
otherwise been required by Village contributions.
Section 7. Benefit Amounts and Eligibili
1. Normal Retirement Date
A Member's normal retirement date shall be the first day of the month
coincident with, or the next following the earlier of:
A. attainment of age fifty-five (55) and the completion of six (6) years of
credited service, or
B. attainment of age fifty-two (52) and the completion of twenty-five (25)
years of credited service.
A Member may retire on his normal retirement date or on the first day of any
month thereafter, and each Member shall become 100% vested in his accrued benefit on
the Member's normal retirement date. Normal retirement underthe Plan is retirementfrom
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 normal retirement date shall
receive a monthly benefitwhich shall commence on his 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
12
September 5, 2003
equal:
3.0% for the first 6 years of service
3.5% for the next 4 years of service
4.0% for the next 5 years of service
2.5% for the next 6 years of service
2.0% for all years after 21 years
3. Earlv 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. Earlv 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 Police Officer or Firefighter and shall be continued on the first day
of each month thereafter. The amount of each such deferred monthly
retirement benefit shall be determined in the same manner as for
retirement as his/her normal retirement date except that credited
service and average final compensation shall be determined as of his
early retirement date; or
B. An immediate monthly retirement benefit which shall commence on
his/her early retirement date and shall be continued on the first day of
each month thereafter. The benefit payable shall be as determined
in paragraph A above, which is actuarially reduced from the amount
to which he/she would have been entitled had he/she retired on
his/her normal retirement date and with the same number of years of
credited service as at the time his/her benefit commence and based
on his average final compensation at that date. In no event shall the
early retirement reduction exceed three percent (3%) for each year by
which the commencement of benefits precedes the Member's normal
retirement date.
Section 8. Pre-retirement Death.
13
September 5, 2003
If a plan member dies prior to retirement from the Village of Tequesta his/her
beneficiary shall receive a benefit as follows:
A. Line-of-Duty-Death-Benefit is a pension to the spouse (or chifdren) for
life in the amount of 50% of Average Final Compensation.
B. Non-Line-of-Duty-Death-Benefit the spouse of a memberwith 6 years
of credited service will receive the actuarial equivalent of the accrued
normal retirement benefit.
C. In lieu of the benefits provided in A or B above, the beneficiary of a
police officer or firefighter, with 6 or more years of service who dies
priorto retirement, may receive the benefits otherwise payable to the
police officer at what would have been his early or normal retirement
date.
Section 9. Disabilitv.
1. Disabil'rly Benefits On-Du�ly
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 t hat he/she is unable, by reason of a medically determinable
physical or mental impairment, to render useful and efficient service as a Police Officer or
Firefighter, as was provided by the employee in their classification (Police Officer or
Firefighter) prior to the alleged impairment, which disability was directly caused by the
performance of his/her duty as a Police Officer or Firefighter shall upon establishing the
same to the satisfaction of the Board, be entitled to:
A. If the injury or disease is service connected, the employee shall be
entitled to the greater of (1) or (2):
(1) a monthly pension equal to 42% of his/her average monthly
compensation as of his/her disability retirement date, or
(2) the accrued Normal Retirement Benefit.
Any condition or impairment of health of Police Officer or Firefighter caused
by tuberculosis, hypertension hepatitis, meningococcal meningitis or heart
disease shall be presumed to have been suffered in the line of duty unless
the contrary is shown by competent evidence, provided that such Police
Officer or Firefighter shall have successfully passed a physical examination
upon entering into such service, including cardiogram, which examination
14
September 5, 2003
failed to reveal any evidence of such condition; and provided further, that
such presumption shall not apply to benefits payable or granted in a policy
of life insurance or disability insurance. In order to be entitled to the
presumption in the case of hepatitis, meningococcal meningitis, or
tuberculosis the member must meet the requirements of Section 112.181,
Florida Statutes.
2. Disability Benefits Off-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 e�ctent 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 his/her average monthly
compensation as of his/her disability retirement date, or
B. The accrued Normal Retirement Benefit.
3. Conditions Disqualifying Disability Benefits
Each Police Officer or Firefighter who is claiming disability benefits shall
establish, to the satisfaction of the Board, that such disability was not occasioned primarily
by:
A. Excessive or habitual use of any drugs, intoxicants or alcohol.
B. Injury or disease sustained while willfully and illegally participating in
fights, riots or civil insurrections.
C. Injury or disease sustained while committing a crime.
D. 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 Police Officer with the Tequesta Police Department
or a Firefighter with the Tequesta Fire Department.
F. Injury o r d isease s ustained b y a P olice O fficer, while w orking f or
anyone otherthan the Tequesta Police Department and arising out of
15
September 5, 2003
such employment.
G. Injury or disease sustained by the member before employment with
the Village begins. This subparagraph applies only in the event of a
duty injury or disease.
4. Phvsical Examination Requirement
An employee shall not become eligible for disability benefits until and unless
he/she undergoes a physical examination by a qualified physician or physicians and/or
surgeons, who shall be selected by the Board for that purpose.
Any person receiving disability benefit underprovisions ofthis Ordinance may
be p eriodically r e-examined by a q ualified p hysician o r p hysicians a nd/or s urgeon o r
surgeons who shall be selected by the Board, to determine if such disability has ceased
to exist. If the Board finds that the retiree is no longer permanently and totally disabled to
the extent that he/she is unable to render useful and efficient service as a Police Officer
or a Firefighter, the Board shall recommend to the Viliage that the retiree be returned to
their previous performance of duty as a Police Officer or Firefighter, and the retiree so
retumed shall enjoy the same rights that Member had at the time he/she was placed upon
pension. In the event the retiree is so ordered to 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 borne by the Board. All other
reasonable costs as determined by the Board incident to the physical examination, such
as, but not limited to, transportation, meals and hotel accommodations, shall be bome by
the Board.
If the retiree recovers from disability and reenters his/her former service with
the Village of Tequesta held prior to disability retirement, his/her service will be deemed
to have been continuous, but the period beginning with the first month for which he/she
received a disability retirement income payment and ending with the date he/she reentered
the service of the Village will not be considered as credited service for the purposes of the
Plan.
The Board shall have the power and authority to make the final decision
regarding all disability claims.
16
September 5, 2003
5. Disability Pa�
The monthly benefit to which a Member is entitled in the event of the
Member's disability retirement shall be payable on the first day of the first month after the
Board of Trustees determines such entitlement. However, the monthly retirement income
shall be payable as of the date the Board determined such entitlement, and any portion
due for a partial month shall be paid together with the first payment. The last payment will
be:
A. If the plan member recovers from the disability or attains his/her
normal retirement date, the payment due next preceding the date of
such recovery, or
B. If the plan member dies without recovering from the disability prior to
his/her normal retirement date while still disabled, the payment due
next preceding his death or the 120�' monthly payment, whichever is
later.
Section 10. Monthlv Supplemental Benefits
1. Effective October 1, 2003, any retiree or beneficiary receiving pension
benefits is entitled to a monthly supplemental pension benefit of $5 per year
of service, up to a maximum benefit of $150.00.
2. This benefit shall be payable monthly as a part of the regular monthly
pension benefit. The benefit shall be payable to the retiree and any
beneficiary. T he b enefit s hall c ease u pon t he d eath o f t he m ember o r
beneficiary, if applicable.
Section 11 Vestina.
If a Member terminates his employment with the Village of Tequesta, either
voluntarily or by discharge, and is not eligible for any other benefits under this System, the
Member shall be entitled to the following:
1. If the Member has less than six (6) years of credited service upon termination,
the Member shall be entitled to a refund of his accumulated contribution or the Member
may leave it deposited with the Fund.
2. If the Member has six (6) or more years of credited service upon termination, the
Member shall be entitled to a monthly retirement benefit that is the actuarial equivalent of
the a mount o f s uch r etirement i ncome o therwise p ayable t o h im c ommencing a t t he �
17
September 5, 2003
Member's otherwise normal or early retirement date, provided he does not elect to
withdraw his accumulated contributions and provided the Member survives to his normal
or early retirement date.
Section 12. Optional Forms of Benefits
1. In lieu of the amount and form of retirement income payable in the event of
normal, early, or disability retirement as specified herein, a plan member, upon written
request to the Board of Trustees, and subject to the approval of the Board of Trustees,
may elect to receive a retirement income or benefit of equivalent actuarial valuation
payable in accordance with one of the following options:
A. A retirement income of a larger monthly amount, payable to the
Member for his/her lifetime only.
B. A retirement income of a modified monthly amount, payable to the
Member during the joint lifetime of the Member and a dependent joint
pensioner designated by the Member and following the death of either
of them, 100%, 76%, 66-2/3°Io, 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, payable under the
Plan in the event of the Member's death, and will have the power to change such
designation from time to time, but any such change shall be deemed a new election and
will be subject to approval by the Board of Trustees. Such designation will name a joint
pensioner or one or more primary beneficiaries where applicable. If a Member has elected
an option with joint pensioner or beneficiary and the Member's retirement income benefits
have commenced, the Member may thereafter change his designated joint pensioner or
beneficiary, but only if the Board of Trustees consents to change and if the joint pensianer
or beneficiary, but on(y if the Board of Trustees consents to change and if the joint
pensioner last previous�y 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
18
September 5, 2003
payable to the Police Officer or Firefighter upon designation of a new joint pensioner shall
be actuarially redetermined taking into account the age and sex of the former joint
pensioner, the new joint pensioner, and the Police Officer or Firefighter. Each such
designation will be made in writing on a form prepared by the Board of Trustees and on
completion will be filed with the Board of Trustees.
In the event that no designated beneficiary survives the Member, such benefits as
are payable in the event of the death of the Member subsequent to his/her retirement shall
be paid as provided in Section 12.
5. Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the following
limitations:
A. If a M ember d ies p rior to his/her n ormal retirement d ate o r e arly
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 normat 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 bythe Member priorto 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 h as 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. Ifa Membercontinues beyond his/hernormal retirementdatepursuant
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 bythe Member in the amount
or amounts computed as if the Member had retired under the option
19
September 5, 2003
on the date on which his/her death occurred.
6. The Member may not change his/her retirement option after the date of cashing
or depositing his/her first retirement check.
Section 13. Beneficiaries
1. Each Member may, on a form provided for that purpose, signed and filed with
the Board of Trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if
any, which may be payable in the event of his/her death; and each designation may be
revoked by such Member by signing and filing with the Board of Trustees a new
designation-of-beneficiary form.
2. If a deceased Member fails to name a beneficiary in the manner prescribed in
subsection 1, or if the beneficiary (or beneficiaries) named by a deceased Member
predeceases the Member, the death benefit, if any, which may be payable 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. Eliqibilitv to Participate in the Droa
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 forthat purpose.
B. Election to participate shall be forfeited if not exercised within the first
twenty-seven (27) years of combined credited service. However,
participation in the first years of enactment will be extended to those
members with twenty-eight (28) years of service in 2003.
C. A member shall not participate in the DROP beyond the time of
attaining 30 years of service and the total years of participation in the
DROP shall not exceed five (5) years. For example:
(1) Members with finrenty-five (25) years of credited service at time
20
September 5, 2003
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 finrenty-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 Pavable upon Election to Participate in DROP
A. Monthly retirement 6enefits that would have been payable had the
member terminated employment with the department and elected to
receive monthly pension payments will be paid into the DROP and
credited to the retirant. Payments into the DROP will be made
monthly over the period the retirant participates in the DROP, up to a
maximum of sixty (60) months.
B. Payments to the DROP earn interest using the rate of investment
retum eamed 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 Retir.ement 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 DROP, interest credits
shall cease on the current balance and on all future DROP deposits.
C. No payments will be made from DROP until the member terminates
employment with the department.
D. Upon termination of employment, participants in the DROP will
receive the balance of the DROP account in accordance with the
following rules:
(1) Members may elect to begin to receive payment upon
termination of employment or defer payment of DROP until the
latest day as provided under sub-subparagraph c.
(2) Payments shall be made in either:
21
September 5, 2003
a• Lump sum - the entire account balance will be paid to
the retirant upon approval of the Board of Trustees.
b• Instaliments - 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.
�• Annuity - the account balance will be used to purchase
an annuity to be paid monthly, the first payment to be
made upon approval by the Board of Trustees. The
annuity must be purchased from an insurer licensed to
sell such annuities in Florida.
(3) Any form of payment selected by a police officer must comply
with the minimum distribution requirements of the IRC
401(A)(9) e.g., payments must commence by age 70%2.
(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.
Section 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 of this ordinance
for disability, or
B. Placed on pension because the Member has served the required
number of years to entitle him to a pension,.or
C. Refused benefits under this P(an, 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 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 w ritten 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
22
September 5, 2003
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 shal( be
put in writing. Such written order shall include:
A. The specific reasons for the denial, including specific references to
pertinent provisions of the retirement system on which such denial is
based;
B. A description of any additional material or information that the Board
feels is necessary for the Member to perfect his/her claim, together
with an explanation of why such material or information is necessary;
and
C. An explanation of the review procedure next open to the Member.
Such review procedure shall provide that:
(1) Prior to such review, the Member or his/her duly authorized
representative may review any pertinent documents including Plan
provisions, minutes of the meeting of the Board in which denial fo the
claim was originally recommended, and any otherdocuments material
to the case;
(2) After such review, the Member and/or his/her duly authorized
representative s hall submit their case in writing to the Board and
request a hearing. Such submission shall be filed with the Board no
later than ninety (90) days after the receipt of the order of the Board.
Upon receipt of the written submission by the Member, the Board
shall schedule an opportunity for a full and fair hearing of the issue
within the next ninety (90) days, and such scheduled hearing shall be
communicated in writing to the Member. The Member and/or his/her
duly authorized representative may then appear at such scheduled
hearing to present their case. The Board shall consider the facts
presented at the scheduled hearing and shall, within thirty (30) days
after such hearing, make a final ruling in writing on the request of the
Member. The written decision shall include the reasons for such
decision and, such decision shall be final.
(a) The Chairman shall preside over the hearing and shall
rule on all evidentiary and other legal questions that
arise during the hearing.
23
September 5, 2003
(b) Either party, the claimant or the Board, may file
pleadings within the time limits set herein. Procedural
motions are to be determined by the Chairman of the
Board at any time. All parties are to fumish copies of all
pleadings to the opposing parties and exchange lists
with names and addresses of witnesses expected to be
called to testify at t he hearing, as well as the list of
exhibits that are intended to be introduced, at least
forty-five (45) days prior to the hearing. Testimony of
witnesses shall be under oath or affirmation.
Depositions or affidavits shall not be admissible unless
upon stipulation by all parties. The Chairman, any
Member of the Board, the attorney for the Board, the
claimant and the claimant's 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 bome 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 reasonab(e 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 containing the following relative to the
Police Officers and Firefighters of the Plan. The Police Officer report shall be separate
24
September 5, 2003
from the Firefighter report.
1. Whether in fact the Village is in compliance with the provisions of Chapters 175
and 9 85, 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 detailed listing of assets and methods used to value them and a
statement of all income and disbursements during the year by the Public Safety Board.
Such income and disbursements shall be reconciled with the assets at the beginning and
end of the year.
3. A statistical exhibit showing the number of Police Officers on the force of the
Village, the number included in the Pension Plan, the number of Police Officers ineligible,
classified according to the reasons for their being ineligible, and the number of disabled
and retired Police Officers and their beneficiaries receiving pension payments and the
amounts of annual retirement income or pension payments being received by them.
4. A statistical exhibit showing the number of Firefighters on the force of the
Village, the number included in the Pension Plan, the number of Firefighters ineligible,
classified according to the reasons for their being ineligible, and the number of disabled
and retired Firefighters and their beneficiaries receiving pension payments and the
amounts of annual retirement income or pension payments being received by them.
5. A statement of the amount the Village has contributed to the Public Safety
Pension Fund for the preceding plan year and the amount the Village will contribute to the
Public Safety Pension Fund for the current plan year.
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 pensian
25
September 5, 2003
under the provisions of this Ordinance in which it shall be noted the time when the pension
is aliowed 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 Attorne and Professionals. �
The Board may employ independent legal counsel at the Pension Fund's expense
forthe purposes contained herein, togetherwith such otherprofessional, technical, orother
advisors as the Board deems necessary.
Section 19. Ma�cimum 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 retirement benefit or pension to a retiree who becomes a
member of the Plan and who has not previously participated in such
Plan, on or after January 1,1980, shall not exceed 100 percent of his
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 a(ready receiving, or will receive in the future, a retirement benefit
or pension from another retirement system or plan. This restriction
does not apply to social security benefits or federal benefits under
Chapter 67, Title 10, U.S. Code.
Section 20. Commencement of Benefits.
1. Unless the Member otherwise elects, with such election being in writing and
to the Trustees and specifying the form of retirement income and date on which the
retirement income is to commence, the payment benefits under the Plan to the Member
26
September 5, 2003
shall commence not later than the 60 day after the close of the Plan Year in which the
latest following events occur:
A. The attainment by the Member of age 65;
B. The 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 Village of Tequesta
2. If the payment of a Member's retirement income cannot begin on the date
required under subsection 1 of the Section because the Trustees either cannot ascertain
the amount of the Member's retirement income or cannot locate the Member after making
reasonable efforts to do so, the payment of the Member's benefit shall begin not later than
sixiy (60) days after the date on which the amount can be ascertained or the Member is
located, whichever is applicable. Any such payment shall be made retroactive to a date
which is not earlier than the date on which the payment of the Member's benefit was
scheduled to begin but which is not later than the date specified under subsection 1 of this
Section.
. Section 21. Distribution of Benefits.
Notwithstanding any other provision of this Plan to the contrary, a form of retirement
income payable from this Plan after the effective date of this ordinance, shall satisfy the
following conditions:
1. If the retirement income is payable before the Member's death, the
distribution shall commence to them not later than the calendar year defined above; and
A. shall be paid over the life of the Member or over the lifetimes of the
Member and spouse, issue or dependent, or,
B. shall be paid overthe period extending not beyond the life expectancy
of the Member and spouse, issue or dependent.
Where a form of retirement income payment has commenced in accordance with
the preceding paragraphs and the Member dies before his/her entire interest in the Plan
has been distributed, the remaining portion of such interest in the Plan shall be distributed
no less rapidly than under the form of distribution in effect at the time of the Member's
death.
2. If the Member's death occurs before the distribution of his/her interest in the
Plan has commenced, the Member's entire interest in the Plan shall be distributed within
27
September 5, 2003
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 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 yearof the Member's death unfess
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'/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 beneficiaries,
shall any part of the corpus or income of the Pension Fund be used for or diverted to any
purpose other than for their exclusive benefit.
2. No amendment or ordinance shall be adopted by the Village Council of the
Village o f T equesta w hich s hall h ave t he e ffect o f r educing t he t hen v ested a ccrued
benefits to Members or Members beneficiaries.
3. Rollover Distributions
A. This subsection applies to distributions made on or after January 1,
1993. Notwithstanding any provision of the Plan to the contrary that
would otherwise limit a distributee's election under this subsection, a
distributee may elect, at the time and in the manner prescribed by the
Board of Trustees, to have any portion of an eligible rollover
distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
B. Definitions.
(1) "Eligible rollover distribution" is any distribution of all or any
portion of the balance to the credit of the distributee, except
28
September 5, 2003
that an eligible rollover does not include any distribution that is
one of a series of substantially equal periodic payments (not
less frequently than annually) made for the life (or life
expectancy) of the distributee or distributee's designated
beneficiary, or for a 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 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 rolloverdistribution. 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 relations order determined to be qualified by this
Fund are distributees with regard to the interest of the spouse
or former spouse.
(4) "Direct roflover" is a payment by the Plan to the efigible
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 repeaf 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 Ordinance, for the sole benefit of the then Members, any beneficiaries
29
September 5, 2003
then receiving retirement allowances, and any future persons entitled to receive benefits
under one of the options provided for in this Ordinance who are designated by any of said
Members. In the event of repeal, or if contributions to the System are discontinued, there
shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the
System shall be allocated in an equi#able 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 discontinuation being determined by the
Board.
A. Apportionrnent shall first be made in respect of each retired Police
Officer or Firefighter receiving a retirement or disability benefit
hereunderon such date, each person receiving a benefiton 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 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 Police Officer or Firefighter in service of the Police Department
or Fire Department 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 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 aggregate af 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
30
September 5, 2003
Police Officer or Firefighter in service of the Police Department or Fire
Department 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 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
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.
The allocation of the Fund provided for in this subsection may, as decided by the
Board be camed 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 camed 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. Exemution 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
31
September 5, 2003
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.
Section 25. Pension Validi
The Board of Trustees shall have the power to examine into the facts upon which
any pension shall heretofore have been granted and under any prior or existing law, or
shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reasons.
Said Board is empowered to purge the pension rolls of any person heretofore granted a
pension under prior or existing law or heretofore granted under this Ordinance if the same
is found to be erroneous, fraudulent or illegal for any reason, and to reclassify any person
who has heretofore under any prior or existing law been or who shall hereafter under this
Ordinance be erroneously, improperly or illega(ly classified.
Section 26. ForFeiture of Pension.
Any Member convicted of the following offenses committed prior to retirement, or
whose employment is terminated by reason of his 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 c ommitting, a iding o r a betting o f a n e mbezzlement o f p ublic
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 duiy as a public officer or
32
September 5, 2003
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 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 orfederal 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 case against forfeiture.
Any Member who has received benefits from the System in excess of his
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 accumulated contributions. The Board of Trustees may
implement all legal action necessary to recover such funds.
3. False, misleading, or fraudulent statements made to obtain public retirement
benefits is prohibited; penalty
A. It is unlawful for a person to willfully and knowingly make, or cause to
be made, or to assist, conspire with, or urge another to make, or
cause to be made, any false, fraudulent, or misleading oral or written
statement or withhold or conceal material information to obtain any
benefit available under a retirement plan receiving funding under
Florida Statutes, Chapters 175 and 185.
B. A person who violates subsection (A} commits a misdemeanor of the
first d egree, p unishable a s p rovided i n s. 7 75.082 o r s. 7 75.083,
Florida Statutes.
In addition to any applicable criminal penalty, upon conviction for
33
f,
September 5, 2003
violation described in subsection (A), a participant or beneficiary of a
pension plan receiving funding under Florida Statutes, Chapters 175
and 185 may, in the discretion of the Board of Trustees, be required
to forfeit the right to receive any or all benefits to which the person
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. Militarv Service Prior to Employment
The years or fractional parts of years that a Member serves or has served in the
military service of the Armed Forces of the United States or United States Merchant
Marine, voluntarily or involuntarily, prior to first and initial employment with the Police
Department or Fire Department shall be added to his/heryears of credited service provided
that:
1. The Police Officer or Firefighter contributes to the Fund the sum that he/she
would have contributed had he/she been a member of the Plan for the years or fractional
parts of years for which he/she is requesting credit plus amounts actuarially determined
such that the crediting of service does not result in any cost to the Fund plus payment of
costs for all professional services rendered to the Board in connection with the purchase
years of credited service.
2. The request shall be made only once and made by the Member on or before
the later of twelve (12) months from the effective date of this Ordinance or six (6) months
from the date of his/her employment with the Police Department or Fire Department,
whichever is later.
3. Payment by the Member of the required amount shall be made within six (6)
months of his/her request for credit and shall be made in one lump sum payment upon
receipt of which credited service shall be given. Credited service purchased pursuant to
this section shalf 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 13, 2003
September 5, 2003
October 24, 2003
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