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HomeMy WebLinkAboutOrdinance_01-15_02/12/2015 ORDINANCE NO. 1-15 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE M. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN TO LI IIT OVERTIME INCLUDED IN THE DEF NiTION OF "SALARY" TO 300 HOURS PER YEAR PER PUBLIC SAFETY EMPLOYEE; AND TO EXCLUDE ALL HOURS OF UNUSED ACCUMULATED SICK AND VACATION LEAVE EARNED AFTER THE RESPECTIVE EFFECTIVE DATE FOR EACH BARGAINING UNIT FROM THE DEFINITION OF "SALARY;" 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 established by ordinance and maintains the Village of Tequesta Public Safety Employees' Pension Plan, pursuant to and subject to the provisions of Florida Statutes; and WHEREAS, the Florida Statutes were amended by Chapter 2011 -215, Laws of Florida (SB 1128) to limit overtime that is included in the definition of "Salary" for pension purposes commencing with collective bargaining agreement entered into after July 1, 2011; and WHEREAS, this change to the Florida Statutes by Chapter 2011 -215, Laws of Florida is effective for the first collective bargaining agreement entered into after July 1, 2011 between the Village and the respective bargaining agents (Palm Beach County Police Benevolent Association and International Association of Firefighters); and WHEREAS, the Village entered into a new collective bargaining agreement with the International Association of Firefighters effective on October 1, 2013; and WHEREAS, the Village entered into a new collective bargaining agreement with the Palm Beach County Police Benevolent Association effective October 1, 2014; and WHEREAS, the aforementioned changes effected by Chapter 2011 -215, Laws of Florida, and the approval of the new collective bargaining agreements mentioned above necessitates amendments to the ordinance that establishes the Public Safety Employees' Pension Plan, and the Village Council of the Village of Tequesta desires to amend the Public Safety Employee Pension Plan to reflect these changes to the law. Page 1 of 3 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) as follows: Chapter 2. EDIT "B" VILLAGE OF TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND Section 2. Definitions. Salaly 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 (subject to the limitations in subsections 2 (a) and (b) below, Sick Leave and Vacation Leave Payout on Termination (subject to the limitations in subsections 2 a and _) below, Sick -Leave and Vacation Leave Buy Back (subject to the limitations in subsections 2 (a) and (b ) below), 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 pay, and sick pay) but shall exclude lump sum payments, overtime, bonuses, incentives, and longevity. (a) For firefighters, effective October 1, 2013 overtime included in Salary is limited to 300 hours per firefighter per year. Prior to October 1, 2013, all overtime for firefighters hired before October 1, 2010 is included in the definition of Salary. No hours of both unused accumulated sick leave and unused accumulated vacation leave earned after October 1. 2013 will be considered Salary, however, firefighters hired before October 1, 2010 may include all hours of unused sick leave and unused vacation leave earned as of September 30, 2013 provided that amount of hours is cashed in at retirement. Page 2 of 3 0) For uolice officers, effective October 1, 2014 overtime included in Salary is limited to 300 hours per police officer per year. Prior to October 1, 2014, for police officers hired before October 1, 2010, all overtime is included in the definition of Salary. No hours of both unused accumulated sick leave and unused accumulated vacation leave earned after October 1, 2014 will be considered Salary, however, Police Officer Members hired before October 1, 2010 may include all hours of unused sick leave and unused vacation leave earned as of September 30, 2014 provided that amount of hours is cashed in at retirement. 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. Rev 12.16.14 Page 3 of 3 ORDINANCE 1 -15 Upon Second Readin MOTION SECOND Council Member Okun Council Member D'Ambra VOTE FOR ADOPTION AGAINST ADOPTION Mayor Abby Brennan El ❑ Vice -Mayor Vince Arena 0 Council Member Steve Okun El ❑ Council Member Tom Paterno 0 Q Council Member Frank D'Ambra 0 Q The Mayor thereupon declared the Ordinance duly passed and adopted this 03 -12 -2015 MAYOR OF TEQUESTA L — i g 'ail Br nan ATTEST: Lori McWilliams, MMC �J�• " "GORP0 Village Clerk rn n /N00 m e' P ".�. `cam rF0 .• ' °'° 'V 1951... ' "