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Home My WebLink AboutOrdinance_09-14_06/12/2014 ORDINANCE NO. 9 -14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN, FOR FIREFIGHTERS ONLY, BEGINNING OCTOBER 1, 2010 TO ESTABLISH A 2% MULTIPLIER FOR THE FIRST SIX (6) YEARS OF EMPLOYMENT AND A 2 %% MULTIPLIER FOR EACH YEAR OF EMPLOYMENT THEREAFTER; ALSO AMENDING THE DEFINITION OF `SALARY" TO INCLUDE BASE COMPENSATION AND TO EXCLUDE LUMP SUM PAYMENTS, OVERTIME, BONUSES, INCENTIVES AND LONGEVITY ALLOWANCES FOR PURPOSES OF CALCULATING AVERAGE FINAL COMPENSATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta has previously negotiated a union contract with Village firefighters that provides a pension benefit giving employees hired after October 1, 2010 a 2% multiplier for the first six (6) years of employment and a 2 %z% multiplier for each year thereafter; and further which defines "salary" to include base compensation and to exclude lump sum payments, overtime, bonuses, incentives and longevity allowances for purposes of calculating average final compensation; and WHEREAS, the Village Council of the Village of Tequesta desires to amend the Public Safety Employee Pension Plan to reflect the provision of these benefits. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1 : Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article III. Officers, Employees and Departments, Section 2 -61. Pension Trust Funds. by amending Exhibit B (Public Safety Officers Pension Trust Fund) to provide, for firefighters hired after October 1, 2010 only, a 2% multiplier for the first six (6) years of employment and a 2%2% multiplier for each year thereafter, and to further define "salary" to include base compensation and to exclude lump sum payments, overtime, bonuses, Page 1 of 5 incentives and longevity allowances for purposes of calculating average final compensation; providing that Sec. 2-61. Article III. Chapter 2. Administration., as well as Exhibit B (Public Safety Officers Pension Trust Fund) of Sec. 2 -61. shall hereafter read as follows: Chapter 2. ADMINISTRATION ARTICLE M. - OFFICERS, EMPLOYEES AND DEPARTMENTS DIVISION 1. – GENERALLY Sec. 2 -61. - Pension trust funds. Secs. 2-62-2-80. - Reserved. Sec. 2 -61. - Pension trust funds. (a) General employees. The Village of Tequesta hereby creates and continues the General Employees' Pension Trust Fund for the purpose of providing retirement, death and disability benefits to members of the fund, certain former general employees and survivor benefits to beneficiaries. (b) Public safety qfflcers. The Village of Tequesta hereby creates and continues the Village of Tequesta Public Safety Officers' Pension Trust Fund for the purpose of providing retirement, death and disability benefits to police officers and firefighters who are members of this fund, certain former village police officers and firefighters and survivor benefits to beneficiaries. (c) Police Officers hired after February 1, 2013. The Village of Tequesta Public Safety Officers' Pension Trust Fund shall be closed to any new police officers hired after February 1, 2013. All police officers hired after February 1, 2013 shall be offered the opportunity to participate in a defined contribution program. d) FireWters hired after October 1. 2010. Firefighters hired after October 1. 2010 shal receive a 2% multiplier for the first six (6) years of employment and a 2'/z% multi plier or each Year thereafter. in-add tion. the definition of "salary" for Firefighters hired after October 1, 2010 shall include base compensation and shall exclude lump sum payments. overtim bonuses, incentives and longevity allowances for purposes of calculating verage final compensation. Editor's note — Ordinance No. 585, § 1, adopted December 11, 2003, set out provisions intended for use as section 2 -30. For purposes of classification, and at the editor's discretion, these provisions have been included as section 2 -61. Ord. No. 585 incorporated Exhibits A and B as part of this section and is on file and available for public inspection in the office of the village clerk. Page 2 of 5 [Exhibit B is amended to effectuate part (d) of this section in conjunction with this ordinance as follows:] EXHIBIT "B" VILLAGE OF TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND Section 2. Definitions. S_ alary means for Firefighters and Police officers hired before October 1. 2010. the total cash remuneration paid to a police officer or firefighter for services rendered including Base Pay, Bonuses, Career Service Annual Award, Holiday Pay, Incentives, Overtime, Sick Leave Payout on Termination, Sick -Leave Buy Back, and Straight Time, and effective for payments made after 12/31/08, as provided for by Internal Revenue Code §414(u)(7), this definition of salary shall include any differential wage payment from the employer to a member as a result of the member's absence from employment while serving in qualified military service. This definition excludes pay received as a Car Allowance, Clothing Allowance and Shoe/Boot Allowance. For Firefighters hired on or after October 1, 2010, the definition of salary shall mean the fixed monthly remuneration paid to a firefighter for services rendered (including regular earnings, vacation nay. and sick nay) but shall exclude lump sum payments, overtime, bonuses, incentive& and longevity Section 7. Benefit Amounts and Eligibility. 2. Normal Retirement Benefit A Member who was hired before October 1.2010 and who is retiring hereunder on or after his/her normal retirement date shall receive a monthly benefit which shall commence on his/her Retirement Date and be continued thereafter during the Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal: 3.0% for the first 6 years of service 3.5% for the next 4 years of service 4.0% for the next 5 years of service 3.0% for the next 6 years of service 2.0% for the next 4 years of service 3.0% for all years after 25 years Page 3 of 5 Notwithstanding the foregoing: however. a Firefighter who was hired on and after October 1.2010 and who is retiring hereunder on or after his/her normal retirement date shall receive a monthly benefit which shall commence on his/her Retirement Date and be cQnt—imxd thereafter during the Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly navments guaranteed m any event. The monthly retirement benefit shall equal: 2.0% for the first 6 Years of service .5% for all years after 6 years Section 2: Each and every other Section and Subsection of Chapter 2. Administration. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. Page 4 of 5 Upon Second Reading this 12 day of June2014, the foregoing Ordinance was offered by Council Member D'Ambra who moved its adoption. The motion was seconded by Council Member Okun and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice-Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of June 2014. MAYOR OF TEQUESTA )igail B nnan ATTEST: Lori McWilliams, MM�P• OPT q j; �`�;., Village Clerk; V SEAL� .9 INCORPORATED 5