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HomeMy WebLinkAboutOrdinance_18-14_10/09/2014 ORDINANCE NO. 18 -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 TO PROVIDE FOR RE- EMPLOYMENT, ELECTION OR APPOINTMENT TO THE VILLAGE COUNCIL AFTER RETIREMENT; 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 desires to amend the Village's Public Safety Pension Plan to provide for re- employment, election or appointment to the Village Council after retirement. 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 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. 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, Page 1 of 4 death and disability benefits to members of the fund, certain 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, 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) Firefighters hired after 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 multiplier for each year thereafter. In addition, the definition of "salary" for Firefighters hired after October 1, 2010 shall include base compensation and shall exclude lump sum payments, overtime, bonuses, incentives and longevity allowances for purposes of calculating 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 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. [Exhibit B is amended by creating an entirely new Section 28 to effectuate the intent of this ordinance as follows:] EXIMIT `B" VILLAGE OF TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND Section 28. Reemployment. election or appointment to the Village Council after retirement. 1. Any retiree who is retired under this plan, except for disability retirement as previously provided for, may be reemployed by any public or private employer. except the Village, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this plan. 2. After normal retirement. Any retiree who is retired after a normal retirement pursuant to this plan and who is re- employed by the Village including election or appointment to the Village Council after that retirement. shall upon being re-employed continue receipt of benefits. If upon Page 2 of 4 re-employment, the re- employed retiree is eligible to participate in this plan, the retiree shall be deemed a new employee subject to any vesting and contribution requirements and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon fmal retirement. Calculations of benefits upon initial retirement shall be based upon the benefit accrual rate, average annual earnings, credited service and cost -of- living adjustment as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average annual earnings (based only on the subsequent employment period), credited service and cost -of- living adjustment as of the date of the subsequent retirement. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. If a re- employed retiree does not re -vest during his re- employment period, he shall, upon termination of employment. receive a return of his contributions made during his reemployment period. 3. After early retirement. Any retiree who is retired under early retirement pursuant to this plan and who subsequently becomes an employee of the Village in any capacity, including election or appointment to the Village Council, shall discontinue receipt of benefits from the plan. If by virtue of that re- employment, the retiree is eligible to participate in this plan, the retiree shall be deemed to be one hundred (100) percent vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, average annual earnings, credited service, cost -of- living adjustment and early retirement reduction factor as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average annual earnings (based- only on the subsequent employment period), credited service, cost -of- living adjustment and early retirement reduction factor. if applicable, as of the date of subsequent retirement. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may Page 3 of 4 select a different optional form and joint pensioner applicable to the subsequent retirement benefit. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for pMoses of this section if the member was permitted to retire prior to the customary retirement date provided for in the plan at the time of retirement. 4. Re- employment of terminated vested persons. Re- employed terminated vested persons, including those elected or appointed to the Village Council, shall not be subject to the provisions of this section until such time as they begin to actually receive benefits, but shall be subject to Section 11. Upon receipt of benefits, terminated vested persons, including those elected or appointed to the Village Council, shall be treated as normal or early retirees for purposes of =lying the provisions of this section and their status as an early or normal retiree shall be determined by the age they elect to begin to receive their benefit. 5. In addition to these provisions and in accordance with Code Section 401(a)(36). an in- service pension distributions may be made in the limited circumstance where a retiree is who retired o normal retirement who has attained age 50 is re -hired by the Village. 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 be effective retroactively to January 1, 2011, immediately upon passage. Page 4 of 4 Upon Second Reading this day 9th of October, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan Yes Vice -Mayor Vince Arena Yes Council Member Steve Okun Yes Council Member Tom Paterno Yes Council Member Frank D'Ambra Yes The Mayor thereupon declared the Ordinance duly passed and adopted this 9th day of October, 2014. MAYOR OF TEQUESTA Abigail renn ATTEST: E � 9 Lori McWilliams, MMC Village Clerk ANC �� �m.cn W ogpn�A Fa IQ ''saaanunga���: