HomeMy WebLinkAboutOrdinance_585_12/11/2003r
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ORDINANCE NO. 585
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING EXHIBIT "A" OF SECTION 2-30
AND ADDING A NEW EXHIBIT "B" OF THE CODE OF
ORDINANCES, VILLAGE OF TEQUESTA, FLORIDA,
RELATING TO THE EMPLOYEES' PENSION TRUST FUNDS
TO COMPLY WITH THE PROVISIONS OF CHAPTER 99-1,
LAWS OF FLORIDA; AMENDING DEFINITIONS;
ESTABLISHING ONE PLAN FOR GENERAL EMPLOYEES
AS EXHIBIT "A" AND ONE PLAN FOR PUBLIC SAFETY
OFFICERS AS EXHIBIT "B"; RECONSTITUTING THE
BOARD OF TRUSTEES; ESTABLISHING QUALIFICATIONS
FOR MEMBERS THEREOF; PROVIDING FOR INVESTMENT
OF ASSETS; PROVIDING FOR REPEAL OF ORDINANCES
iN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTNE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Those portions of Exhibit "A" and "S" to Section 2-30, Code of
Ordinances, Viiiage ofi Tequesta, Paim Beach County, Florida, as deleted and shown by
strike-outs and additions shown by bold double underlining on Exhibit "A" attached hereto
and made a part hereof, are passed and adopted as amendments to such Exhibits and
section.
Section 2. Severabiiity. if any prevision of this Crdinance or the application
thereof is held invalid, such invalidity shall not affect the other provisions or applications
of this Ordinance which can be given effect without the invalid provisions or applications,
and to this end, the provisions of the Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Gonfiict. Ail other Ordinances of the V6llage
of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance
are hereby repealed.
Section 4. Codification. This Ordinance shalC be codified and made a part of the
official %ode of Ordinances of the Viiiage of Tequesta.
Section 5. Effective Date. This Ordinance shall take effect upon passage.
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TyE FOREGOING ORDINANCE was offered by Counci! Member
vo„ Frank ,who moved its adoption. The Ordinance was
seconded by Council Member Genco and upon being put to a vote,
the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
!L1 Ci..r~r ~ eSnr
~~~ ~~ ~ ~,;~ (~ ~ _- I~~ ~~ ~ ~ ~~: i ~~ 1. ~~~~,~ ~~` ~~~~ ~~-
The Mayor thereupon declared the Ordinance duly passed and adopted this 11th
• day of -December ; 20 03 .
MAYOR uF T EQUESTA
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ATTEST-
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ary Mi ,Village Clerk
HiTequesla GE 10121P1an Docs~Ord Caption.wpd
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EXHIBIT "A"
VILLAGE OF TEQUESTA
November 17, 2003
GENERAL EMPLOYEES' PENSION TRUST FUND
Section 1. Creation of Pension Trust Fund.
The Village of Tequesta 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.
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
mortality tables utilized by the Board's actuary or actuaries during most recent actuarial
valuation, and an 8% rate of interest.
Average Final Compensation shall mean one-twelfth (1f12) 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 General Employee, whichever
is greater. A year shall be twelve (12) consecutive months.
Beneficiary 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, 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.
Cade 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
service as a General Employee who makes member contributions to the Plan, omitting
.intervening. years or fractional parts of years when such General Employee was not
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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 returned to him/her without
interest.
The years or fractional parts of years that a General Employee serves in the military
service ofithe Armed Forces of the United States or the United States Merchant Marine,
voluntarily or involuntarily, 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 provided that:
A. The General Employee returns to his/her full time employment with the
Village of Tequesta within one (1) year from the date of his/her military
discharge.
B. The General Employee deposits into the Fund the same sum that the
Member would have contributed if he/she had remained a General
Employed, plus an amount of interest that substantially approximates the
amount earned- by the Fund from the date of return to employment to the
• date of deposit.
C. The maximum credit for military service shall be five (5) years.
Effective Date means the date on which this Ordinance becomes effective.
Fund means the Trust Fund established herein as part of the System, forthe benefit
of General Employees.
General Emt~loyee means an actively employed full-time person employed by the
Village of Tequesta, including hislher inrtiaf probationary employment period, excluding
certified Firefrghters and certified Police Officers.
General Employee Board means the board of trustees provided hereunder to
administer and manage the funds for the benefit of the General Employees.
Member means an actively employed General Employee that fulfills the applicable
prescribed participation requirements.
.One hundred and twenty monthlypavments guaranteed means benefits are payable
for the life of a retiree with a guarantee of 120 monthly payments. Should a member die
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• before 120 monthly payments (10 years) are made, then the remainder of the 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 earnings, vacation pay, sick
pay, plus all tax deferred items of income, excluding -lump sum payments, overtime,
bonuses and longevity bonus.
Souse 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
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 Village of Tequesta General Employees' 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
• Village means the Village of Tequesta, Florida.
2. Masculine Gender. The masculine gender, where used herein, unless the
context specifically requires otherwise, shah include both the feminine and masculine
genders.
Section 3. Membership.
1. Condition of Eligibiliiy
AH full time General Employees as of the effective date, and aN future new
full time General Employees shaft become Members of this System as a
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 conditions of the Retirement System,
and,
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B. Designation of a beneficiary or beneficiaries, and,
C. A certified statement as to prior medical and psychological history.
3. Change in Designation of Beneficiary
A member may from time to time change his/her designated benefiaary 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 administra#ion 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 Board shall consist of five (5) Trustees, two
(2) ofwhom, unless otherwise prohibited bylaw, shall be legal residents ofthe municipality,
who shall be appointed by the Tequesta Village Council, and two (2) of whom shall be full-
time General Employee members of the System. The fifth (5m) 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 shalt be elected by their full-time co-workers. Upon receipt of the fifth (5t'') person's
name the Tequesta Village Council shall, as a ministerial duty, appoint such person to the
General Employee Board as -its fifth (5"') Trustee. The fifth (5"') Trustee shalt 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 offrce is sooner vacated and may succeed
himself or herself in office. Each resident Trustee shall serve as Trustee for a period of two
(Z) years unless sooner replaced bythe Tequesta Village Council at whose pleasure the
Trustee shall serve, and may succeed himself or herself as a Trustee. Each General
Employee Trustee- shall serve as Trustee for a period of two (2}years, unless he/she
sooner leaves the employment of the Village or othewise vacates his/her office asTrustee,
whereupon a successor shall be chosen in the manner as the departing Trustee. Each
employed representative Trustee may succeed himself or herself in office. The General
Employee Board shall meet at least quarterly each year. The Board 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,
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but may receive expenses and per diem as provided by law.
3. Eaeh Trustee shall be entitled to one vote on the Board. 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 shalt be required to transact the business of the Retirement System to
administer and manage the fund 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 at such rates and in such amounts as the Board of Trustees shall approve.
5. The duties and responsibilities ofthe Board of Trustees sha{{ inc{ude, 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.
To determine and certify the amount of all retirement allowances or
other benefits hereunder.
To establish uniform rules and procedures #o be followed for
administrative purposes, benefrt applications and all matters required
to administer the System.
To distribute to Members, at regular intervals, information concerning
the System.
To receive and process all applications for participation and benefits.
To authorize all payments whatsoeverfrom the Fund, and to notify the
disbursing agent in writing of approved pension payments and other
expenditures arising through operation of the System and the Fund.
To have performed actuarial studies in accordance wi#h 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
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System.
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 of which
must be provided to the Division of Retirement.
K. 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.
L. To perform such other duties as are specified in this Ordinance.
M. To adopt and be guided by Statements of Investment Policy
applicable 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 Fund Management.
Establishment and Operation of Fund.
1. As part of the System, there is hereby established a Fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the System, for the
benefit of General Employees.
2. The actual custody and supervision of the Fund (and assets thereof) shall be
vested in the Board of Trustees. Payment of benefits and disbursements from the Fund
shalt be made by the Village on the Board's agreement, but only 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 municipality, 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 fbr the municipality: However, any funds and- securities so deposited with the
Treasurer of the municipality shall be kept in separate funds by the Treasurer or clearly
identified as such funds and securities of the General Employee Trust Fund. In lieu
thereof, the Board of 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
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• 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 Board may retain the services of a
custodian bank or banks, an investment advisor or advisors registered under Investment
Advisors Act of 1940, registered broker dealer 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 manager or managers shall
have discretion, subject to any guidelines as prescribed by the Board, in the investment of
all fund assets.
4. Accurate records shall be maintained at all times reflecting the market valuations
of funds and assets of the Fund, 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 all moneys, funds and assets
whatsoever attributable to contributions and depositsfrom 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.
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 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
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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 or to be held by the Fund 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 underthe provisions of the Plan-and paythe initial and
subsequent premium thereon.
(2) Time or savings accounts of a national bank, a state bank
insured- by the Bank Insurance Fund, or a savings and loan
association insured by the Savings Association Insurance
Fund which is administered by the 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 government of the United
States.
(4) Bonds, stocks, 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 States, or registered investment company pursuant to
the Investment Advisors Act of 1940, any state 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 three highest classifications by a major
rating service, and if such investments an= 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 three (3) rating classifications of a major rating service.
(5) Real estate.
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(6) 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.
(7) Up #0 10% of the Plan assets may be invested in foreign
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
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 asthey 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/her 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 speciftc
proxies or powers of attorney with or without power of substitution; to
participate in mergers, reorganizations, recapitalization,
consolidations and similartransactions 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
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November 17, 2003
• 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 power may be delegated to an agent by the Board of Trustees.
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 a Board is required to take on any duty or
funcfion which itrs 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 Village, the Department or any other entity,
of specific information, certificafron, 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 with
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 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 may be performed or
carried 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 legattitle to a Fund shall
always remain in the Board of Trustees.
M. A Board shall not invest more than ten percent (10°l0) at cost of its
assets in rest 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.
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1. Member Contributions
A. Am unt. Members of the Retirement System shall be required to
make regularcontribufrons to the Fund in the amount of free percent
(5%) of his/her salary. Member contributions withheld by the Village
on behalf of the Member shall be deposited with the Board of
Trustees immediatelyafterthe withholding of such contributions. The
contributions made by each Member to-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 ether purposes of the Plan, such contributions shall be considered
to be Member contributions.
B. Method. Such contributions shall be made by payroll deduction.
2. Vitlag_e 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 actuarial deficiency shown by an actuarial valuation as provided in
Part Vlt of Chapter 112, Florida Statutes.
• 3. 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, and may not be used to reduce what would have otherwise
been required by Village contributions.
Section 7. Benefit Amounts and Eligibility.
Normal Retirement Date.
A Member's normal retirement date shall be the first day of the month
coincident with, or next following the earlier of:
a) attainment of age sixty-two (62) regardless of years of credited
service, ar
b) attainment of thirty (30) years of credited service regardless of age.
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A Membermay retire on his/her normal retirement date or on the first day of
any month thereafter, and each Member shall become 100% vested in
his/her 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 General Employee, on or after the normal retirement date.
2. Normal Retirement Benefit.
A Member retiring hereunder on or after his/her normal retirement date shall
receive a monthly trenefit 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. Benefits are payable
for the Itf~ of a retiree with a guarantee of 120 mon#hly payments. Should a member die
before 12Q monthly payments (10 years) are- made, then the n~mainder of the 12fl monthly
payments wiN be paid to a beneficiary. Should a member receive more than 120 monthly
payments, then no benefit is payable to a beneficiary. The monthly retirement benefit shall
equal two percent (2%) of average final compensation, for each year of credited service
(2°lo x average final compensation x years of credited service).
3. Early Retirement Date
A Member may retire on his/her early retirement date which shall be the first
day of any month coinadent 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 Retirement Benefit
A Member retiring hereunder on his/her early retirement date may receive
either a deferred or an immediate monthty retirement benefit payable for fife, 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 General Employee 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 shad be determined as of
his/her early retirement date; or
B. An immediate monthly retirement. benefit which shall commence on
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November 17, 2003
• 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 benefrt commence and based
on his/her average final compensation at that date. In no event shall
the early retirement reduction exceed five percent (5%) each year by
which the commencement of benefits precedes the Member's normal
retirement date.
Section 8. Pre-retirement Death.
Upon the death of any vested member, whether or not still in active employment,
a survivor benefit is payable to the beneficiary starting when the member would have
reached retirement age. The benefit is equal to the vested pension benefit.
Section 9. Disability.
1. Disability Benefits On-Duty
• 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 General
Employee, which disability was directly caused by the performance of his/her duty as a
General Employee shall upon establishing the same to the safisfaction of the Board, be
entitled to the greater of A or B:
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) an amount equal to the number of years of his/her credited
service multiplied by 2% of his/her average monthly salary
based upon his/her final 5 years of service.
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2. DisabiliiLr Benefits Off-Duty
November 17, 2003
Every General Employee who is a participant in the Pension Fund System
who shalt have becrome totally and permanently disabled- to the extent that he/she is
unab{e, by reason of a medically determinable physical or mental impairment, to render
useful and efficient service as a General Employee which disability is not directly caused
by the performance of his/her duties 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 of service, or
B. An amount equal to the number of years of his/her credited
service multiplied by 2°1° of his/her average monthly salary
based upon his/her final 5 years of service.
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 alcohol.
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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 General Employee with the Village of Tequesta.
F. Willful, wanton or gross negligence of the Member.
G. Injury or disease sustained by General Employee while working for
anyone other #han the Village of Teques#a and arising out of such
employment.
H. 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.
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November 17, 2003
4. Physical 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 under provisions of this Ordinance may
be periodically re-examined by a qualified physician or physicians and/or surgeon or
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 General
Employee the Board shall recommend to the Village that the retiree be retumed to their
previous performance of duty as a General Employee, and the retiree- so returned- 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 return shall refuse to comply with the order within
thirty (30) days from the issuance thereof, Member shall forfeit the right tohis/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 of this
Pension Fund System. 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 borne 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 helshe reentered
the service v# 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.
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 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
November 17, 2003
• normal retirement date, the payment due next pnrceding 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/her death orthe 120m monthly payment, whichever
is later.
Section 10. Vesting.
If a Member terminates his/her employment with the Village of Tequesta, either
voluntarily or by discharge, and is not eligible foranyother 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-two (62) upon termination, the Member shah 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
altemativety, the Member has attained the age- of sixty-two (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 suchretirement income otherwise payabletohim/her
commenping at the Member's otherwise normal or early retirement date, provided he/she
does not elect to withdraw his/her accumulated contributions and provided the Member
survives to his/her normal or early retirement date.
3. Any plan member of the System whose position is terminated, for whatever
reason, but who is empbyed by the Viflage in some capacity, shat) have aIF retirement
benefits accrued up to the date of such termination under this 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 normal retirement date
hereunder, or later, in accorcance with the provisions of this System.
Section 11. Optional Forms of Benefits.
1. In lieu of the amount and form of retirement income payable in the event of
normal or early retirement asspecified herein, a plan rr-ember, upon written request to the
Board of Trustees 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 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 retirement income or benefit of equivalent actuarial
16
•
• November 17, 2003
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
Memberduring-the joint lifetime of the Member and a dependent joint
pensionerdesignated bytheMember and following the death of either
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 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 benefiaary and the Member's retirement income benefits
• have commenced, the Member may thereafter change his/her 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 Retiree 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 Retiree. Each such designation will be made in writing on a form
prepared by the Board of Trustees and on completion wilt 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 tohis/her retirement shall
be paid as provided in Section 12.
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November 17, 2i
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 Member dies prior to hislher normal retirement date or early
retYement 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 benefiaary (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 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 by the Memberpriorto hislherretirementandwhhin ninety
(90) days after the death of the beneficiary.
C. If both the retired Member and the beneficiary (or beneficiaries)
designated by the Member dre before- the fuff 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 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 effect, monthly retirement income payments will 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 it 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.
Sectiion '~2. Beneficiiariies.
1. Each Member may, on a form provided for that purpose, signed and filed with
18
•
• November 17, 2003
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 shall be paid, in the discretion of the Board of
Trustees, either to:
A. The wife or dependent children of the Member;
6. 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 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. Refiused 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/her case. The Board shall review the
case and en#er 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 medical release authorization and a fist 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 en#ering such orcier 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:
19
November 17, 2003
A. The specific reasons for the denial, including specific references to
pertinent. provisions of the retirement sys#em 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 originallyrecommended, and any otherdocuments 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) daysafterthe receipt of the order of the Board.
Upon receipt of the written submission by the Member, the Board
shall schedule an opportunity for a futl 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 frnal.
(a) The Chairman shall preside over the hearing and shall
rule on alt 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. Procedural
motions are to be determined by the Chairman of the
Board at any time. A{I parties are to furnish copies of all
pleadings to the opposing parties and exchange lists
20
f
November 17, 2003
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 Ghairman, any
Member of the Board, the attorney for the Board, the
claimant and the claimant's attorney, upon recognition
by the Chairman, may direct questions to any witness
during the proceedings. Each party shah 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 shaft have the right to present any opening
and closing arguments. Any party may secure the
services of a -court reporter #o 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 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 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 provisions 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 shall
keep a record of all General Employees employed by the Municipality who are Members
of the plan in such a manner as to show the name, address, date of employment and date
such employment is terminated.
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• November 17, 2003
Section 15. Board Attorney and Professionals.
The Board may employ independent legal counsel at the Pension Fund's expense
forthe purposes contained herein, together with such other professional, technical, or other
advisors as the Board deems necessary.
Section 16. 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 limitations 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 who has not previously participated in such
Plan, on or after January 1, 1980, shall not exceed 100 percent of
his/her average final compensafron. However, nothing contained in
this section shag apply to supplemental retirement benefits or to
pension increases attributable to cost-of-living increases or
adjustments.
• B. No memberof the Plan who is not now a member of such Ptan 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 17. 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'h day after the dose of the Ptan Year in which the
latest following events occur:
A. The attainment by the Member of age 65;
B. The 10t'' anniversary of the date on which the Member commenced
participation in the Plan; or
22
November 17, 2003
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 Memberafter making
reasonable efforts to do so, the payment of the Member's benefit shalt begin not later than
sixty (60) days after the date on which the amount can be ascertained or the Member is
located, whichever is applicable. Any such payment sha{I 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 18. Distribution of Benefits.
Notwithstanding any other provision of this Plan to the contrary, a form of retirement
income payable from this Pian after the effective date of this ordinance, shall satisfy the
following conditions:
If the retirement income is payable before the Member's death,
A. it shall either be distributed or commence to the Member not later
than April 1 of the calendar year following the later of the calendar
year in which the Member attains age 70'/2, 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 shad be paid over the life of the Member or
over the lifetimes of the Member and spouse, issue or dependent, or,
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 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
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/her
23
L
•
spouse, issue or dependent;
November 17, 2003
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 year of the Member's death unless
the Member's spouse, issue or dependent shalt receive the remaining
interest in which case the distribution need not begin before the date
on which the Member would have attained age 70'/ 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 19. 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 elusive benefit.
2. No amendment or ordinance shall be adopted by the Village Council of the
Village of Tequesta which shall have the effect of reducing the then vested accrued
benefits to Members or Members beneficiaries.
3. Rollover Distributions.
A. This subsection applies to distributions made on or after January 1,
1983. 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 bythe
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
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
24
November 17, 2003
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 section 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 rollover distribution. However,
in the case of an 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 #ormer employee's spouse who
is entitled to payment for alimony and child support under a
domestic relations order detem~ined to be qualified by this
Fund are distributees-with regard to the interest ofthe spouse
or former spouse.
(4) "Direct rollover" is a payment by the Plan to the eligible
retirement plan specified by the distributee.
Section 20. 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 shad 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 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
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
25
•
November 17, 2003
• 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 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. 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 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 General Employee in service of the Village 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 the actuarial equivalent, as described in
A above, of the accrued normal retirement benefit based on the
credited service and average monthly earnings 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 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 Village of Tequesta 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
26
Ir
November 17, 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 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 shalt 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
earnings 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 thatthe 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 returned to the Village.
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.
4. After all the vested and accrued benefits provided hereunder have been paid
and after al{ other liabilities have been satisfied, then and only then shall any remaining
fund revert to the General Fund of the Village.
Section 21. Exemption 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
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.
27
•
November 17, 2003
Section 22. Pension Validity.
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, fraud ulently 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 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/her admitted commission, aid or
abatement of the following specified offenses, shall forfeit all rights and benefits under this
Pension Fund, except for the return of this accumulated contributions as of the date of
termination.
1. Specified offenses are as follows:
A. The committing, aiding or abetting of an embezzlement of public
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/her duty as a public officer
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/her public office or employment position.
28
November 17, 2003
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/her case against forfeiture.
Any Member who has received benefits from the System in excess of his/her
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/her 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 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 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 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 Village of Tequesta, whichever is later.
3. Payment by the Member of the required amount shall be made within six (6)
29
•
November 17, 2003
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 sha{{ be five (5} years.
BSJ/ka
August 29, 2003
H:\Tequesta GE 10121PIan Docs\2002 Restate CLEAN.wpd
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EXHIBIT "B"
VILLAGE OF TEQUESTA
PUBLIC SAFETY OFFICERS' PENSION TRUST FUND
Section 1. Creation o€ Pension Trust Fund.
November 14, 2003
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.
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
mortality tables utilized by the Board's actuary or actuaries, and an 8% rate of interest.
• Average Final Compensation shall mean one-twelfth (1112) 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.
Bgneficiary means the person or persons entiiied 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 shalt 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 for
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
•
{November 14, 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 empbyee not be re-employed with the Village of Tequesta
in a full time capacity within five (5) years, his/her contributions shall be returned 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 returned 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 Foroes ofthe 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 Qate means the date on which this Ordinance becomes effective.
Fire D~artment means the Tequesta Fre Department.
Firefighter means an actively employed full-time person employed by the Fire
Department, including his/her initial probationary employment period, who is cert~ed or
required to be certified as a Firefighter as a condition of employment in accordance with
the provisions of 633.35 Florida Statutes, including paramedic, and whose duty is to
extinguish fires, to protect life and to protect property .
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 Vil{age, who is certified or required to be certified as a law enforcement officer in
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November 14, 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 indude, in whole
or in part, the supervision, training, guidance, and management responsibilities offull-time
law enforcement officers, part-time law enforcement officers or au~aliary 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.
Sat~rv 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 retimment.
Statement of Investment Policy 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.
System means the Village of Tequesta Public Safety Officers' Pension Trust Fund
as contained herein and all amendments thereto.
Vested deferred retirement means a Member who leaves the employ of the ViNage
with 6 or more years of credi#ed service and who is not eligible for any retirement benefit.
This benefit is payable at early or normal retirement.
Village 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.
Condition of Eligibility
All full time Police Officers and Firefighters as of the effective date, and all
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November 14, 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. Membership
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. Change in Designation of Beneficiary
A member may from time to time change his/her designated benefaary 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 far 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 bylaw, shall be legal residents of the Village, who shaA 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 empbyee nrpresentative Board
member seat shall be separately elected by theirfull-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 (5t'') person's name the Tequesta Village Council shall, as
a ministerial duty, appoint such person to the .Public Safety Board as its fifth (5th) Trustee.
The fifth {5'h) Trustee shall have the same ruts as each of the other Trustees appointed
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November 14, 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
5
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• other benefits hereunder.
November 14, 2003
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 concerning
the System.
F. To receive and process all applications for participation and benefits.
G. To authorize all payments whatsoever from the Fund and to notify the
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 'rn 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 benefrts, a copy of which
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 required from time to time by F.S. 112.661, et seq.,
and/or its successor statutes.
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November 14, 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 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 Fund (and assets thereof} 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 only 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 fie 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 ident~ed as such funds
and securities of the Public Safety OfFcer Trust Fund. 1n lieu tfiereof, the Board of
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 asset 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 manager or managers shall have discretion, subject to any guidelines as
prescribed by the Board, in the investment of all fund assets.
4. All funds and securities of the System shat! be accounted for separately based
upon the two (2) applicable employee classes within the Fund namely, the Police Officers
and Firefighters in the Public Safety Officers Trust Fund. Accurate records shalt be
maintained at all times reflecting the financial composition of the Fund and o#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
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C. Beneflt payments, and
November 14, 2003
D. Current amounts clearly reflecting all moneys, funds and assets
whatsoever attributable 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 for the most recent fiscal year of the Village showing a detailed fisting 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 or to 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 al{ of the partiapants in the Fund shalt 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
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November 14, 2003
by the Bank Insurance Fund, or a savings and loan association
insured by the Savings Assoaation Insurance Fund which is
adminis#ered by the 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 government of the United States.
(4) 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, 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 highest classifications by a major rating service, 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 shall
hold a rating within the top four (4) rating classifications of a major
rating service.
(5) Real estate.
• (6) Up to 10% of Plan assets may be invested in foreign securities.
(7) 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 advisable, having
regard for the cash requirements of the System.
E. No person or entity shall be liable for the making, retention or sate of
9
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November 14, 2003
• any investment or reinvestment made as herein provided, nor for any
loss or diminishment of the Fund, except that due tohis/her 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 pro~aes or powers of attorney with or without power 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 ofthe Fund to exercise. This responsibility maybe delegated
to an Agent for the Board.
H. The Board shall not be required to make any inventory orappraisal or
report to any court, nor secure any order of court for the exercise of
any power contained herein.
1. Where any action which the Board is required to take on any duty or
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 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
duty or function until such information, certification, direction. or
instruction has been received by it.
J. Any overpayments or underpaymen#s from a Fund to a Member or
benefiiciary caused by errors of computation shall be adjusted with
interest at a rate per annum approved by the Board. Overpayment
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November 14, 2003
• 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.
t_. Any of the foregoing powers and functions 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
supervision over the ads 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
Trustees immediatelyafterthe withholding of such contributions. The
contributions made by each Member to 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
comprising part ofthis System immediatelyand underno circumstances more than five (5)
11
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• days after receipt by the Village.
3. Village Contributions
November 14, 2003
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 actuarial deficiency shown by an actuarial valuation as provided in
Part Vll of Chapter 112, Florida Statutes.
4. Other
Private donations, gifts and contributions maybe 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 Eligibility.
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 hisJher normal retirement date or on the first day
of any month thereafter, and each Member shall become 100% vested inhis/her 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
on or after the normal retirement date.
2. Normal Retirement Benefit
A Member retiring hereunder on or after his/her normal refinement 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
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• 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. Early Retirement Date
November 14, 20U3
A Member may retire on his/her early refrrernent 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 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 shalt 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/her 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/her 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.
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November 14, 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 children 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 ac#uarial 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
prior to retirement, may receive the benefits otherwise payable to the
police officer at what would have been his/her early or normal
retirement date.
Section 9. Disability.
1. Disability Benefits On-Duty
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 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 re#irement date, or
(2) the accrued Normal Retirement Benefit.
Any condition or impairment of health of Police Qfficer or Firefighter caused
by tuberculosis, hypertension hepatitis, meningococcat 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
OfFcer or Firefighter shall have successfully passed a physical examination
upon en#ering into such service, including cardiogram, which examination
14
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November 14, 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, meningococcat meningitis, or
tuberculosis the member must meet the requirements of Section 112.181,
Florida Statutes.
2. Disability Benefits Off-Duty
Every Police OfFicer or Firefighter 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 medicaltydeterminable 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_,Disabilitygenefits
• 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 or disease sustained by a Police Officer, while working for
anyone other than the Tequesta Police Department and arising out of
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such employment.
November 14, 2003
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. Physical 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 under provisions of this Ordinance may
be periodically re-examined by a qualified physician or physicians and/or surgeon or
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 Village that the retiree be returned to
their previous performance of duty as a Police Officer or Firefighter, and the retiree so
returned 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 return 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 andlor 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 borne 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.
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November 14, 2003
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 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/her death or the 120'h monthly payment, whichever
is later.
Section 10. Monthly 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 shalt be payable to the retiree and any
beneficiary. The benefit shall cease upon the death of the member or
beneficiary, if applicable.
Section 11. Vestin4.
If a Member terminates his/her 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. 1f the Member has less than six (6) years of credited service upon termination,
the Member shall beentitled to arefund ofhis/her accumulated contribution or the Member
may leave it deposited with the Fund.
2. 1f 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 amount of such retirement income otherwise payable to him commencing at the
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•
November 14, 2003
• Member's otherwise normal or early retirement date, provided he does not elect to
withdraw his/her accumu{ated contributions and provided the Member survives to his/her
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
pensionerdesignated bythe Member and following the death of either
of them, 100%, 76%, 66-2/3°l0, 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. ff 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/her 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
18
•
November 14, 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 tohis/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 Member dies prior to his/her normal retirement date or early
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 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 provis~ns of this section or a new beneficiary is
designated by the Memberprior to his/herretirement 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 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. If a Member continues beyond his/her normal retirementdate pursuant
to the provisions of Section 7, subsection 1, and dies prior to his/her
actual retirement and while an option made pursuantto 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 by the Member in the amount
or amounts computed as ~ the Member had retired under the option
19
•
• on the date on which his/her death occurred.
November 14, 2003
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 beneficary (or beneficiaries) named by a deceased Member
predeceases the Member, the death benefit, if any, which maybe 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.
Eligibility to Participate in the Drop
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 for that 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 tfie 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 twenty-five (25) years of credited service at time
20
• of entry shall only participate for five (5) years.
November 14, 2003
(2) Members with twenty-six (26) years of credited service at time
of entry shall only participate for four (4) years.
(3) Members with twenty-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 PaKable upon Election to Partiapate in DROP
A. Monthly retirement benefits 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
return earned 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 Retirement pursuant to Part VII 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 mount 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
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November 14, 2003
• a. Lump sum -the entire accoun# balance will be paid to
the retirant upon approval of the Board of Trustees.
b. Installments -the accoun# 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.
c. 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 tRC
401(A}(9) e.g., payments must commence by age 70'/2.
(4) The beneficiary of the DROP participan# 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 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 #o review his/hercase. 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 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 necessaryfor discovery in full and adequate
22
•
• review.
November 14, 2003
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 why such material or information is necessary;
and
C. An explanation of the review procedure next open to the Member.
Such revaew 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 duty authorized
representative shall submit their case in writing to the Board and
reques# a hearing. Such submission shalt 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 shatl consider the facts
presented a# 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
•
November 14, 2003
• (b) Either party, the claimant or the Board, may fife
pleadings wi#hin the #ime limits set herein. Procedural
motions are to be determined by the Chairman of the
Board at any time. All parties are to furnish 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 atl 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 presen#ed 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 aN 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. !n all proceedings under subsections 1 or 2 hereof, the Board shah 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. Resorts to Division of Retirement.
Each year no later than March 15<h, the Chairman of the Board shah 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
•
• from the Firefighter report.
November 14, 2003
1. Whether in fact the Village is in compliance with the provisions of Chapters 175
and 185, Florida Statutes.
2. A cert~ed 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 numberof Police Officers on the force of the
Village, the number included in the Pension Plan, the numberof Police Officers ineligible,
classified according to the reasons for their being ineligible, and the numberof 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 shah be prepared by an enrolled actuary who is enroNed under
Subtitle C of the Title 3 Employee Retirement Income Security Act of 1974 and who is a
Member of the Society of Ac#uaries or the American Academy of Ac#uaries.
Section 17. Roster of Retirees.
The Secretary of the Boards shall keep a record of all persons enjoying a pension
25
•
November 14, 2003
• under the provisions 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 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 Attorney 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. 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
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/her 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 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
26
C
November 14, 2003
• retirement income is to commence, the payment benefits under the Plan to the Member
shall commence not later than the 60`h day after the dose 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
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 which the payment of the Member's benefit was
scheduled to begin but which is not laterthan the date specified under subsection 1 of this
Section.
Sec~on 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 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 in the Plan
has been distributed, the remaining portion of such interest in the Plan shalt 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
27
•
November 14, 2003
• 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/her
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 beginswithin one yearofthe 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 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 of Tequesta which shall have the effect of reducing the then vested accrued
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 underthis subsection, a
distributee may elect, at the time and in the manner prescribed bythe
Board of Trustees, 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 distribution of all or any
28
•
November 14, 2003
• 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 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 qual~ed by this
Fund are distributees with regard to the interest of the spouse
or former spouse.
(4) "Direct rollover" is a payment by the Plan to the eligible
retirement plan specified by the distributee.
Secfion 23. Reseal 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 Orclinance 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 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
29
November 14, 2003
• 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 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. Apportionment 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 benefit on 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 earnings
as of such date, and each vested former Member then entitled to a
defen'ed 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 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
30
November 14, 2003
• 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 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
hereundersuch latteramountshall 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
paragraphsA, 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 benefi#, less the amount apportioned in
paragraph C, based on credited service and average monthly
earnings 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 paragraphsA, B, C, and D, such excess
shall be returned to the Village, less return 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 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.
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. Exemption from Execution. Non-assignability.
The pensions, annuities, or any other benefits accrued or accruing to any person
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• 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,
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 Validity.
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 illegallyfor 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.
Any Member convicted of the following offenses committed prior to retirement, or
• whose employment is terminated by reason of his/her admitted commission, aid or
abatement of the following specified offenses, shall forfeit all rights and benefits under this
Pension Fund, except for the return of this accumulated contributions as of the date of
termination.
1. Specified offenses are as follows:
A. The committing, aiding or abetting of an embezzlement of public
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
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November 14, 2003
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/her duty as a public officer
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/her 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/her case against forfeiture.
Any Member who has received benefits from the System in excess of his/her
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/her 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 degree, punishable as provided in s. 775.082 or s. 775.083,
Florida Statutes.
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In addition to any applicable criminal penalty, upon conviction for
violation described in subsection (A), a partiapant 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. Military 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 empbyment with the Police
Department or Fire Department shall beadded tohis/her years of credited service provided
that:
1. The Police Officer or Firefighter contributes to the Fund the sum that helshe
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 shall 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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