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Home My WebLink AboutDocumentation_Special Meeting_Tab 01_09/18/2014 (2) VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 18-14 9/11/14 Consent Agenda: No Resolution #: N/A Originating Department: Attorney ORDINANCE 18-14, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN TO PROVIDE FOR RE-EMPLOYMENT, ELECTION OR APPOINTMENT TO THE VILLAGE COUNCIL AFTER RETIREMENT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF C�iAP��R 2 ADMWISTR,ATeQN. � . . .. Account #: Amount �f this item: Current Budgeted Amount Available: Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No '' • ` •' • • �- .��-� . . Department Head Submitted by Legal Finance Director Reviewed for Financial Sufficiency [� � �_ No Financial Impact ❑ �� Attorney: (for legal sufficiency) Village Manager: �-� Submit for Council Discussion: [� Approve Item: ❑ Deny Item: � � • • - . . - .. -- - . -. .- - . .- - .- . ..- . . -.. ... - . - - . - � Form Amended: 7/12/12 ORDINANCE NO. 18-14 AN ORDINANCE OF THE VII,LAGE COUNCII. OF THE VII..LAGE OF TEQUESTA, FLORIDA, AMENDING THE VII.LAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN TO PROVIDE FOR RE-EMPLOYMENT, ELECTION OR APPOINTMENT TO THE VII.LAGE COUNCIL AFTER RETIREMENT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMIl�TISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABII.ITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village's Public Safety Pension Plan to provide for re-employment, election or appointinent to the Village Couacil after retiremen� NOW, THEREFORE, BE IT ORDAINED BY TI� VII.,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Cha.pter 2. Administration. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Article III. Officers, Employees and Depar�nents, Section 2-61. Pension Trust Funds. by amending Exhibit B(Public Safety Officers Pension Trust Fund) to provide for re-employment, election or appointment to the Village Council after retirement; providing that Exhibit B(Public Safety Officers Pension Trust Fund) of Sec. 2-61. shall hereafter read as follows: Chapter 2. ADNIINISTRATION ARTICLE III. - OFFICERS, EMPLOYEES AND DEPARTMENTS DIVISION 1. – GENERALLY Sec. 2-61. - Pension trust funds. Secs. 2-62-2-80. - Reserved. Sec. 2-61. - Pension trust fnnds. (a) General esnployees. The Village of Tequesta hereby creates and continues the General Employees' Pension Trust Fund for the purpose of providing retirement, Page 1 of 4 death and disability benefits to members of the fund, certai.n former general employees and survivor benefits to beneficiaries. (b) Public safety officers. 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, certai.n former village police officers and firefighters and survivor benefits to beneficiaries. (c) Police Officers hired after FebruaYy 1, 2013. The Village of Tequesta Public Safety Officers' Pension Trust Fund sha11 be closed to any new police officers hired after February 1, 2013. All police officers hired after February 1, 2013 shall be offered the opporiunity to participate in a defined contribution program. (d) Firefighters hired ufter October 1 , 2010. Firefighters hired after October 1, 2010 shall receive a 2% multiplier for the first six (6) years of employment and a 2'/2% multiplier for each year thereafter. In addition, the definition of "salary" for Firefighters hired after October 1, 2010 sha11 include base compensation and shall exclude lump sum payments, overtime, bonuses, incentives and longevity allowances for purposes of catculating average 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 incorpora.ted 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. [Exhibit B is amended by creating an entirely new Section 28 to effectuate the intent of this ordinance as follows:] E��iIBIT "B" VII..LAGE OF TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND Section 28. Reemnlovmen� election or annointment to the Villa�e Council after retiremen� 1 Anv retiree who is retired under this nlan. exceDt for disabilitv retirement as nreviauslv nxovided for. mav be reemnloved bv anv nublic or nrivate emnlover, excent the Villa�e, and mav receive comnensarion from tha.t emnlovment without li.miting or restrictin� in anv wav the etirement benefits navable under this nlan. Page 2 of 4 . After normal retirement. Anv retiree wha is retired after a normal retirement nursuant to this �lan aud who is re-emnlaved bv the Villa�e incluciins election or annointment to the Villa�e ouncil after that retirement shall uuon being re-emnloved continue receint of benefits. If. unon re-emnlovment the re-emnloved retiree is eli�ible to narticinate in this nlan. the retiree sball be eemed a new emulovee subiect to a.nv vesting and contribution reau.irements and the additianal credited service accrued durin� the subseauent emnlovment neriod shall be used in comnutine a econd benefit amount attributa.ble to the subseauent emnlovment neriod.. which benefit amount hall be added to the benefit determined unon the initial retirement to determ.i.ne the total benefi avable unon final retirement. Calculations of benefits uuon uutial retirement shall be based unon the benefit accrual rate. average annual earnines. credited service and cost-of-livin� iustment as of that da.te and the retirement benefit amaunt for anv subseauent emnlovment neriod shall be based unon the benefit accnial rate. avera.ee annual earnin�s (based on�v on the subseauent emnlovment neriodl. credited service and cost-of-livi.n� adiustment as of the da.te af the subseauent retirement. The oAtional farm of benefit and anv iaint nensioner selected unon initial retirement shall not be subiect to chanee unon subseauent retirement excent as othervv�ise nrovided herein. but the member mav select a different ontional form and ioint nens�oner anulicable to the subseauent retirement benefit. If a re-emnloved retiree does not re-vest during 's re-emnlovment ueriod. he sha11. unon termination of emnlovment� receive a retum of his 'butions made during his reemnlovment neriod.. . After earlv retirement. Anv retiree who is retired under earlv retirement nursuant to this nlan d who subseauentiv becomes an emnlovee of the Villaee in anv canacitv. inc�udin� election or annointment to the Villa.ge Council, sha11 discontinue receint of benefits from the nlan. If bv virtue of tha.t re-emnlovment the retiree is eli�ible to narticinate in this nlan, the retiree shall be deemed to be one hundred (1041 nercent vested and the additional credited service accrued urin� the subseauent emnlovment neriod sha11 be used in comDUtin� a second benefit amount ttributable to the subseauent em�lovment neriod. which benefit amount shall be ad.ded to the nefit determined unon the initial retirement to determine the total benefit navable unon final etirement. Calculations of benefits unon retirement shall be based unon the benefit accrual rate. vera.ge annual earnin�s. credited service. cost-of-livin� adiustment and earlv retiremen 1 Both normal retirement ages in this plan are after age 50, which is a safe harbor under proposed regulations regazding public safety employees. The application of these regulations has been delayed to January l, 2015. Page 3 of 4 reduction factar as af tha.t da.te and the zetirement benefit amount for anv subseauent emnlovment neriod shall be based unon the benefit accrual rate, avera.�e annual earnin�s Cbased 9nlv on the subseauent emnlovment neriodl, credited service, cost-of-livin� adiustment and earlv retirement reductian factor, if annlicable, as of the da.te of subseauent retirement. The ontional form of benefit and anv ioint nensioner selected unon initial retirement shall not be subiect ta chan�e unon subseauent retirement excent as otherwise nrovided herein. but the member mav select a different ontional form and ioint uensioner annlicable to the subseauent retirement benefit. Retirement nursuant to an earlv retirement incentive nroeram shall be deemed eazlv retirement for nurooses of this section if the member was nermitted to retire nrior to the customarv retirement date nrovided for in the �lan at the time of retirement. 4. Re-emnlovment of terminated vested nersons. Re-emnloved terminated vested nersons. udine those elected or annointed to the Villa..�e Council, sha11 nat be subiect to the nrovisions of this section until such time as thev be�in to actuallv receive benefits. but shall be subiect to (section re�azdin� navment of benefits to vested deferred emAlovees). Unon receint of benefits. termi.nated vested nersons. includi.n� those elected or annointed to the Villa.�e Council. shall b treated. as normal or earlv retirees for numoses of aonlvin� the nrovisions of this section and their tus as an eazlv or normal retiree sha11 be determi.ned bv the a.�e thev elect to be�i.n to receive their benefit. 5. In addition to these nrovisions and in accordance with Code Section 401(a)(361, an in-service ension distribut�ons mav be made in the limited circumstance where a retiree is who retired o ormal retirement who has attained a�e SQ is re-hired bv the Villa�e. Section 2: Each and every other Section and Subsection of Chapter 2. Administration. shall remai.n 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 Ordi.nance or any portion thereof, any pazagraph, 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 sha11 take effect immediately upon passage. Page 4 of 4