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BOARD OF TRUSTEES OF THE
VILLAGE OF TEQUESTA
GENERAL EMPLOYEES PENSION TRUST FUND
ADMINISTRATIVE RULES
August 2015
TABLE OF CONTENTS
PART 1 - GENERAL PROVISIONS.......................................1
1.1Purpose..................................................1
1.2Definitions................................................1
Pension Board.............................................1
Pension Code.............................................1
Pension Fund.............................................1
Municipality...............................................1
Definitions of the Ordinance..................................1
PART 2 - ADMINISTRATION............................................2
2.1Board Creation............................................2
2.2Terms of Office............................................2
2.3Election Procedure.........................................2
Setting Date for Election of Employee-Trustees...................2
Sixty (60) Day Notice of Vacancy..............................2
Employee-Trustees...................................2
Village Trustee.......................................3
Fifth Trustee.........................................3
Election of Employee-Trustees................................3
Notice of Candidacy...................................3
Certified List of Eligible Candidates.......................3
Election Judges......................................3
Election Procedure....................................3
Election Results.......................................4
Run-off Election......................................4
Election Challenges...................................4
Certification of Election Results..........................4
Mid-Term Vacancies........................................4
Declaring Vacancy....................................4
Filling of Vacancies....................................4
Employee-Trustee...............................4
Village-Trustees.................................4
Calendar Days............................................5
PART 3 - COMPENSATION AND EXPENSES..............................6
3.1Compensation and Reimbursement of Expenses..................6
3.2Reimbursement of Expenses.................................6
3.3Refund of Employee Contributions.............................6
3.4Payment practices..........................................6
PART 4 - MEETINGS..................................................7
4.1Meetings.................................................7
4.2Emergency Meetings........................................7
4.3Location of Meetings........................................7
4.4Time of Meetings...........................................7
4.5Notice of Meetings.........................................8
4.6Open Meetings; Exceptions..................................8
4.7Order of Business..........................................8
4.8Minutes..................................................8
4.9Quorum..................................................8
PART 5 - PENSION BOARD OFFICERS AND EMPLOYEES...................9
5.1Officers..................................................9
5.2Employees...............................................9
5.3Duties of the Chairperson....................................9
5.4Duties of the Secretary......................................9
PART 6 - RECORD KEEPING AND REPORTING REQUIREMENTS............10
6.1Minutes of Meetings.......................................10
6.2Correspondence File.......................................10
6.3Investment File...........................................10
6.4Litigation File.............................................10
6.5Insurance Policies.........................................10
6.6Miscellaneous File.........................................10
6.7 6.5Annual Report by the Pension Board.....................10
6.8 6.6Record keeping as to Employee Participants...............11
6.9 6.7Record keeping as to Retirees..........................11
6.10 6.8Record keeping as to Separated Members................12
6.11 6.9Confidentiality.......................................13
6.12 6.10Florida Public Records Law orFreedom of Information Act Requests
..................................................13
PART 7 - ADJUDICATION RETIREMENT PENSION CLAIMS.................14
7.1Appeal procedures........................................14
7.2Subpoenas..............................................18
PART 8 - INVESTMENT POLICIES......................................19
8.1Purpose.................................................19
PART 9 - INCOME DEDUCTION ORDERS................................20
9.1Income Deduction Orders...................................20
Assignment of Benefits Upon Divorce .........................20
Filing of Claims ...........................................20
Definitions...............................................20
Alternate Payee .....................................20
Income Deduction Order ..............................20
Designation of Representative. ..............................20
Payment of Benefits Pending Trustees' Decision.................20
PART 10 - COMMUNICATIONS........................................21
10.1 Custodian...............................................21
ADMINISTRATIVE RULES - SIGNATURE PAGE...........................22
Exhibits:
Exhibit AExpense Policy
Exhibit BTravel Expense Reimbursement Voucher
Exhibit CApplication for Membership
Exhibit DApplication for Retirement Benefits
Exhibit EApplication for Vested Deferred Retirement Employee
Exhibit FInvestment Policy Statement
Exhibit GStatement of Policy Regarding Interest on Refunds
PART 1 - GENERAL PROVISIONS
1.1Purpose.The purpose of these rules is to establish uniform procedures for the
implementation of Ordinance No.24-14 585, Exhibit A of the Village of Tequesta
and applicable provisions of Chapter 112 of the Florida Statutes and the
administration of the Village of Tequesta General Employees Retirement Plan.
These rules are also promulgated for the benefit of and to provide guidance to
retirement plan members, participants and beneficiaries and are available for
inspection at the office of the Retirement Plan.
1.2Definitions.As used in these rules, the terms set forth below shall have the
following definitions and meanings, except when the context of the rule specifies
and requires a different meaning.
1)Pension Board. Pension Board shall mean the Board of Trustees of the
Village of Tequesta General Employees Retirement Plan as established
under Village Ordinance No. 24-14 585, Exhibit A.
2)Pension Code. Pension Code means the provisions contained in Village
Ordinance No. 24-14 585, Exhibit A.
3)Pension Fund. Pension Fund shall mean the pension fund established
pursuant to Village Ordinance No.24-14 585, Exhibit A for the benefit of the
participants and beneficiaries of the Fund.
4)Municipality. Municipality shall mean the Village of Tequesta, Florida.
5)Definitions of the Ordinance. The definitions contained in Village Ordinance
No.24-14 585, Exhibit A shall be deemed to be the definitions incorporated
in these Rules.
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PART 2 - ADMINISTRATION
2.1Board Creation.The Village of Tequesta General Employees Retirement Plan
is created pursuant to Village Ordinance No.24-14 585, Exhibit A. The composition
of the Pension Board is to be governed by the provisions of the ordinance.
2.2Terms of Office.
a)Each employee-trustee of the Village of Tequesta General Employees
Retirement Plan shall serve a two year term of office.
b)The resident members appointed by the Village Council shall serve a two
year term at the pleasure of the Council so long as the trustee remains a
resident of the Village.
c)The fifth trustee shall serve a two year term of office.
2.3Election Procedure.
a)Setting Date for Election of Employee-Trustees. At least sixty (60) days
before the end of the term of each Employee-Trustee, the Board of Trustees
should set the date, for an election to be held, if possible, thirty (30) days
before the term expires. At the same time, the Board of Trustees should set
the date, for a run-off election to be held, if possible, ten (10) days before the
term expires.
b)Sixty (60) Day Notice of Vacancy. At least sixty (60) days before the end of
each Trustee's term, the Pension Administrator administrative
manager/pension coordinator for the plan should take the following action:
1)Employee-Trustees. Notice of the election and run-off election should
be given by posting a Notice on all bulletin boards in the department
where notices to employees are posted, and by requesting the
department to publish the notice in any newsletter delivered to
employees. The Notice shall include:
A)The date the Employee-Trustee's term expires;
B)A declaration that the expiring position is for an Employee-
Trustee;
C)A request for candidates to submit a written notice of their
candidacy to the Board of Trustees by a date certain (no later
than forty-five (45) days before the Employee-Trustee's term
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expires); and
D)The date, of the election and, if necessary, the run-off election.
2)Village Trustee. Notice shall be given in writing to the Mayor and
Village Clerk. The Notice shall include:
A)The date the Village Trustee's term expires;
B)A request for the Village to appoint a Trustee before the Village
Trustee's term expires.
3)Fifth Trustee. Notice shall be posted in writing. The Notice shall
include:
A)The date the Fifth Trustees term expires;
B)A request for the remaining four (4) trustees to select by
th
majority vote a fifth (5) Trustee.
c)Election of Employee-Trustees
1)Notice of Candidacy. Each prospective candidate must submit his or
her name to the Board of Trustees in writing no later than forty-five
(45) days before the date of the election, or by such other time as set
by the Board of Trustees.
2)Certified List of Eligible Candidates. Before the election, the Board of
Trustees shall certify those candidates who are full-time employees
who are eligible to be elected as an Employee-Trustee. These are
theonly candidates eligible for election, there shall be no write-in
candidates. If only one candidate is certified, the election will not be
held and the certified candidate will be deemed elected.
3)Election Judges. The Administrator shall provide for the Election
Judges from their employees as assisted by the Village.
4)Election Procedure. Election for Employee-Trustees shall be by
secret mail ballot. Each official ballot shall be embossed with the
stamp of the Board of Trustees and the election shall be conducted
as an in-person election. Polls shall be open during hours as
determined by the Board, which hours will be posted at the time the
election is set. The ballot box shall be manned at all times by the
election judges. Ballots not clearly marked and any ballots with more
votes than vacant positions shall not be counted, but shall be kept
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separately. If more than one trustee position is vacant, then each
employee shall vote for two trustees. All ballots shall be turned over
to the Board of Trustees by the judges with a tally of the election
results.
5)Election Results. The top vote getter shall fill the vacant Employee-
Trustee position. In the event there are 2 vacant Trustee positions,
the top two vote getters shall fill the vacant positions.
6)Run-off Election. In the event of a tie which will affect the outcome of
the election, thenthe2candidates who are tied shall be in the run-off
election.
7)Election Challenges. Any challenge to an election must be given in
writing to the Board of Trustees within five (5) days of the date of the
election, or run-off election, as applicable. A challenge shall not stop
a run-off election from being held.
8)Certification of Election Results.
A)The Board of Trustees shall certify the election results.
B)The Board of Trustees shall resolve all challenges to an
election and may schedule a new election, if deemed
appropriate, or take other action to resolve any challenges.
d)Mid-Term Vacancies.
1)Declaring Vacancy. If a Trustees resigns, is removed or becomes
ineligible to serve, the Board of Trustees shall declare, by resolution,
the office of the Trustee vacated.
2)Filling of Vacancies.
A)Employee-Trustee. If the vacancy occurs less than ninety (90)
days before the Trustee's term was due to expire, the vacancy
shall be filled at the next regular election as provided in these
Rules and Regulations. Otherwise, the vacancy shall be filled
for the unexpired portion of the term by a new election as
provided in these Rules and Regulations. The Board of
Trustees may reduce the time required for notice of the
election, notice of candidacy, or any other time limits to
expedite a new election.
B)Village-Trustees. The Board of Trustees shall notify the Mayor
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and Village Clerk in writing of the vacancy and request the
appointment of a Successor Trustee.
e)Calendar Days. All days are calendar days.
Page 5 of 22
PART 3 - COMPENSATION AND EXPENSES
3.1CompensationandReimbursement of Expenses.Pension Board Trustees are
not entitled to receive any compensation for service performed as trustees.
3.2Reimbursement of Expenses. A Trustee shall be reimbursed only for expenses
properly and actually incurred in the performance of his or her duties with the Plan
in accordance with the Village of Tequesta General Employees Retirement Fund
Statement of Policy for Trustee Expenses, attached as Exhibit A. Reimbursement
shall be requested by completing the report of travel expenses form attached as
Exhibit B.
3.3Refund of Employee Contributions.
a)Members who are eligible for a refund of contributions in lieu of any benefit
under the plan shall submit the application for the refund. Upon the Pension
Administrator Finance Department receiving and verifying all the required
data, refunds shall be made between meetings and ratified at the following
meeting.
b)Interest on Refunds.
1)Effective with refunds paid after June 12, 2008, interest on refunds of
contributions will be paid at 3% simple interest in accordance with
Exhibit G per annum. For periods of less than one year interest
will be credited for a partial year based upon months.
2)Interest is calculated based on total amount ofcontributions before
taxes or withholding.
3)Distributions will be made within 30 days of the Fund providing the
Special Tax Notice to the member, or sooner if the Special Tax Notice
is signed by the member and returned to the Board of Trustees.
3.4Payment practices.
a)No payments shall be made without the approval of the Board of Trustees,
except refunds of employee contributions in accordance with the above.
b)Two signatures are required for all disbursements.
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PART 4 - MEETINGS
4.1Meetings.
a)The Pension Board shall hold quarterly meetings in February, May, August
and November of each year. These meetings will be held on the first
Monday of the designated month. In the event that the regular meetings
cannot proceed on the first Monday of the designated month, the meeting
will be re-scheduled at the earliest possible date convenient to all of the
Pension Board Trustees.
b)The Pension Board may agree to meet more than four times a year. The
Pension Board may agree to meet either monthly or bi-monthly if, in the
Pension Boards determination, such meetings are necessary for the prudent
and efficient administration of the affairs and activities of the Pension Fund.
4.2Emergency Meetings.
a)The Chairperson of the Village of Tequesta General Employees Retirement
Plan may call special meetings in emergency or unforeseen unforseen
situations, upon reasonable notice to all of the Pension Boards trustees.
The reasons for such emergency meetings shall include but not be limited
to:
1) discussion of pending or threatened litigation;
2) discussion of investment activity;
3) discussion of pension fund applications;
4) discussion of retirement pension requests.
b)Any Pension Board trustee may request an emergency meeting by serving
written notice upon all other trustees at least seven (7) days prior to the date
of the emergency meeting.
4.3Location of Meetings.
Unless otherwise specified, all meetings of the Village of Tequesta General
Employees Retirement Plan will be held at the Village Hall in the Council Chambers.
Changes in the location of the meeting will be posted at least 7 days prior to the
meeting.
4.4Time of Meetings.The meeting time will be rotated with the Public Safety Board
meetings. Beginning with the November 2009 meeting, the General Employees
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Board will meet at 8:00 a.m. and the Public Safety Board will meet at 1:00 p.m. The
Boards will alternate times with each quarterly meeting. The next quarterly meeting
of the General Employees Board, will be scheduled for February 2009 at 1:00 p.m.
with the Public Safety Board meeting at 8:00 a.m. This time rotation will continue
until further notice by the Boards.
4.5Notice of Meetings.
a)Noticeofall regularly scheduled meetings shall be posted at least 7 days
prior to the meeting.
b)Notice of any emergency meetings will be posted as far in advance of the
meeting as is reasonably practicable under the circumstances.
4.6Open Meetings; Exceptions.All Pension Board meetings are open to the public
except for discussion of those matters which are the subject of statutory exceptions
to §286.011(8), Florida Statutes, the Florida Sunshine Law.
4.7Order of Business.
a)All meetings of the Village of Tequesta General Employees Retirement Plan
shall be conducted under an agenda.
b)The rules of procedure to be followed at such meetings will be Roberts
Rules of Order, unless Roberts Rules of Order conflict with the Pension
Code or the Rules of the Village of Tequesta General Employees Retirement
Plan.
4.8Minutes.Minutes of all Retirement Plan Board meetings shall be kept in
accordance with the record keeping provisions set forth in Part 6 4 of these Rules.
As a cross check on the completion of task from the meeting, minutes will be
prepared within two (2) weeks after the meeting.
4.9Quorum.
a)A quorum of the Village of Tequesta General Employees Retirement Plan
shall consist of at least three trustees. The approval of any and all Pension
Board business shall require the affirmative vote of three (3) trustees at any
given meeting.
b)Each trustee in attendance at a meeting shall be entitled to one (1) vote per
item requiring a vote.
Page 8 of 22
PART 5 - PENSION BOARD OFFICERS AND EMPLOYEES
5.1Officers.The officers of the Village of Tequesta General Employees Retirement
Plan shall be: the chairperson and secretary. Pension Board may elect other
officers as deemed necessary. The officers shall be elected annually at the
November October meeting of the Board or the next meeting immediately following
October, if there is no October meeting.
5.2Employees.The Pension Board may, in its discretion, hire employees to carry out
certain duties and functions of the Pension Board. The duties of any such
employees and compensation will be specified in the minutes of the Pension Board
meeting establishing the employment relationship. The Board may also retain the
services of an Administrator, Legal Counsel, Consultant, Actuary. Investment
Manager and other service providers pursuant to an agreement under terms
acceptable to the Board.
5.3Dutiesof the Chairperson.The Chairperson shall preside over all functions and
duties of the Pension Board, unless such functions or duties are specifically
delegated to other trustees, employees or agents of the Pension Board. The
Chairperson shall preside over all meetings of the Pension Board and execute all
orders, certifications and other documents necessary to carry out the affairs and
activities of the Pension Board.
5.4Duties of the Secretary.The Secretary shall be responsible for the performance
of the following duties and functions:
a)Preside over any and all meetings in the absence of the Chairperson;
b)Execute any and all documents on behalf of the Pension Board;
c)Certify the authenticity of all resolutions or documents of the Pension Board;
d)Maintain the financial records of the Fund in the Finance Department;
e)Be the custodian of all Pension Board records, minutes of meetings and
documentation;
f)Record and transcribe the minutes of all regular, special and emergency
meetings of the Pension Board;
g)Perform all other duties necessary to the administration of the Pension
Board, at the direction of the Pension Board.
h)The duties contained in items c-g may be delegated to a pension
administrator coordinator as selected by the Board.
Page 9 of 22
PART 6 - RECORD KEEPING AND REPORTING REQUIREMENTS
6.1Minutes of Meetings.The Secretary shall keep and maintain minutes of all
public meetings and shall keep and maintain separate minutes of matters heard in
closed session.
6.2CorrespondenceFile.The Pension Board shall maintain a general
correspondence file with copies of all correspondence sent or received by the
Pension Board, including contracts entered into by the Board with legal counsel,
investment managers and other persons employed or retained by the Pension
Board. This Correspondence file will be maintained by the Administrator. The
files will be titled by Vendor (i.e. Actuary, Administrator, Attorney, etc.).
6.3Investment File.The Pension Board shall maintain on an annual basis, an
investment file containing all documentation and correspondence relating to
investment activity each year. This Investment file will be maintained by
Manager.
6.4Litigation File.The Pension Board shall maintain a separate file as to all
matters in litigation. If the litigation involves the denial of retirement pension, the
litigation may be maintained as a part of the applicants file.
6.5Insurance Policies.The Pension Board shall maintain a separate file as
to all insurance policies. This Insurance file will be maintained by year.
6.6Miscellaneous File.The Pension Board shall maintain a separate group
of files as to all other documents generated by or sent to the Board. This
Miscellaneous file should be maintained by subject matter for easy reference.
6.7 6.5Annual Report by the Pension Board.
a)The Pension Board shall also submit an annual report to the Municipality as
to the general condition of the Pension Fund.
b)The annual report shall contain the following information:
1.The assets of the Pension Fund;
2.The estimated receipts during the next succeeding calendar year from
the deductions of the salaries of employees and all other sources;
3.The estimated amount required during the next calendar year to pay
all pensions and other obligations of the Pension Fund and to meet
the annual requirements of the Pension Fund for the Villages portion
or the financing of the Pension Fund.
Page 10 of 22
c)The Actuarial Valuation may serve as this annual report.
6.8 6.6Record keeping as to Employee Participants.
a)A file shall be maintained on each active employee who is a participant and
member of the Pension Fund. Records shall be maintained by the Pension
Administrator in the Finance Department as a part of his or her personnel
file. Each active members file should contain, if available, the following
documentation:
1.Application for Membership (attached as Exhibit Appendix C);
2.A record of the participants contributions and service credits on an
annual basis;
3.Yearly creditable service reports received from the Village (if any);
4.Copies of any orders and decisions of the Pension Board granting or
denying a retirement pension filed by the participant;
5.Designation of beneficiary form;
6.All correspondence from the participant and a copy of any
correspondence to the participant.
b)Each participant shall be required to complete a Designation of Beneficiary
Form.
6.9 6.7Record keeping as to Retirees.
a) Retiree. A fileshall be maintained on all retired members of the Pension
Fund. Each retired members file should contain the following
documentation:.
1.Application for retirement benefits (attached as (Exhibit Appendix
D);
2.Documentation as to Benefit Computations
a.Date of Birth;
b.Date of Hire;
Page 11 of 22
c.Date of Retirement;
d.Creditable Service Records;
e.Applicable Pension Rates;
f.Salary attached to the job held by the pension applicant;
g.All documents previously maintained pursuant to 6.6 above;
h.Certificate of marriage, if applicable, and personal information
on spouse.
b) Vested Deferred Retiree. A file shall be maintained on all vested deferred
retirees of the Pension Fund. Each file should contain the following
documentation:.
1.Application for vested deferred retirement (attached as Exhibit
Appendix E);
2. Documentation as to Benefit Computations
a.Date of Birth;
b.Date of Hire;
c.Date of Retirement;
d.Creditable Service Records;
e.Applicable Pension Rates;
f.Salary attached to the job held by the pension applicant;
g.All documents previously maintained pursuant to 6.6 above;
h.Certificate of marriage, if applicable, and personal information
on spouse.
Upon reaching normal or early retirement, the member will need to complete an
Application for retirement benefits (attached as Exhibit Appendix D) to initiate the
payment of benefits.
6.10 6.8Record keeping as to Separated Members. A file shall be maintained on
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each participant and Pension Fund member who withdraws from the Pension
Fund. Each file should contain the following documentation:
a)Written application withdrawing from the Pension Fund and requesting a
refund of contributions;
b)Service date documentation;
c)Documentation as to how refund was computed;
d)Copyof canceled check orotherdocumentation indicating payment of
refund;
e)All documents previously maintained pursuant to 6.7 above.
6.11 6.9Confidentiality. To the extent permitted by law, allrecords ofthe Pension
Board shall be considered confidential and not subject to disclosure to the
general public.
6.12 6.10Florida Public Records Law or Freedom of Information Act Requests. Any
request for information or to review documentation made pursuant to the
Florida Public Records Law or the Freedom of Information Act shall be
handled by the Pension Boards legal counsel. A copy of the request for
information should be immediately sent to the Pension Boards legal counsel.
Page 13 of 22
PART 7 - ADJUDICATION RETIREMENT PENSION CLAIMS
7.1Appeal procedures.
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.Placedon 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 to review his/her case.
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 itdetermines 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:
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 ofany 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.
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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 of the claim was originally recommended, and any other
documents 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) 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 shall consider the facts presented at the scheduled
hearing and shall, within thirty (30) days after such hearing, make
a final rulingin 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.
(b)Either party, the claimant 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. 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 all parties. The
Chairman, any Member of the Board, the attorney
for the Board, the claimant and the claimants
Page 15 of 22
attorney, 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 presented 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 all cases, unless otherwise provided inthis
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.In all proceedings under subsections 1 or 2 hereof, the Board shall
have the power tosubpoena 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 subpoenasnot to exceed the fees set
forth in Florida Statutes.
a)The applicant for benefits under these Rules and Regulations may, within
ninety (90) twenty (20) days after being informed of the denial of his request
for pension benefits, appeal said denial by filing a reply to the proposed
order with the pension's administrator coordinator. If no appeal is filed
within the time period, then the proposed order shall be final.
b)The board of trustees shall hold a hearing within forty-five (45) days of the
receipt of the appeal. Written notice of said hearing shall be sent by certified
mail to the applicant at the address listed on his application ten (10) days
prior to the hearing.
c)The procedures at the hearing shall be as follows:
1)All parties shall have an opportunity to respond, to present physical
and testimonial evidence and argument on all issues involved, to
conduct cross-examination, submit rebuttal evidence, and to be
represented by counsel. Medical reports and depositions may be
accepted in lieu of live testimony, at the board's discretion.
Page 16 of 22
2)All witnesses shall be sworn.
3)The applicant and the board shall have an opportunity to question all
witnesses.
4)Formal rules of evidence and formal rules of civil procedure shall not
apply. The proceedings shall comply with the essential requirements
of due process and law.
5)The record in a case governed by this subsection shall consist only of:
A)A tape recording of the hearing, to be taped and
maintainedas part of the official files of the
board of trustees, by the pension's secretary.
B)Evidence received or considered.
C)All notices, pleadings, motions and intermediate
rulings.
D)Any decisions, opinions, proposed or recommended
orders or reports by the board of trustees.
d)Within thirty (30) days after the hearing, the board shall take one of the
following actions:
1)Grant the pension benefits by overturning the proposed order by
majority vote.
2)Deny the benefits and approve the proposed order as a final order,
after making any changes in the order that the board feels is
necessary.
A)Findings of fact by the board shall be based on competent,
substantial evidence on the record.
B)Within twenty (20) calendar days after rendering its order, the
board of trustees shall send by certified mail a copy of said
order to the applicant.
C)The applicant may seek review of the order of the board of
trustees by filing a petition for writ of certiorari with the circuit
court within thirty (30) days.
Page 17 of 22
7.2Subpoenas.
a)The Pension Board hasthe power to subpoena witnesses or documentation
in all proceedings under these rules and regulations. The Pension Board
shall retain a copy of each subpoena that is issued. The Pension Board will
also issue a check with each subpoena for mileage or witness fees as
provided by law on any subpoena that the Pension Board initiates on its own
behalf.
b)At the request of any applicant in a retirement pension proceeding, the
Pension Board will execute and issue subpoenas. The subpoena shall be
prepared on a form acceptable to the Pension Board. The Pension Board
will not be responsible for the payment of any mileage or witness fees as
required by law. Such fees that be the responsibility of the person
requesting the subpoena.
Page 18 of 22
PART 8 - INVESTMENT POLICIES
8.1Purpose.The Board of Trustees (Trustees) of the Village of Tequesta General
Employees Retirement Plan (Fund) has the power and authority to invest and
reinvest the moneys of the fund, and to hold, purchase, sell, assign, transfer, and
dispose of any securities and investments held in the fund, including the power and
authority to employ counseling or investment management services. Attached as
Exhibit F is a copy of the Investment Policy Statement of the Board.
Page 19 of 22
PART 9 - INCOME DEDUCTION ORDERS
9.1Income Deduction Orders.
a)Assignment of Benefits Upon Divorce The prohibition against attachments,
garnishment, execution or any other legal process shall also apply to a
domestic relations order, unless such order is determined to be an income
deduction order as defined by Florida Statutes §§61.1301, 61.046(4) and
61.076, and such benefit is only for purposes of alimony and/or child support.
b)Filing of Claims All claims for benefits under an income deduction order shall
be filed, in writing, with the Board of Trustees along with a copy of the
income deduction order.
c)Definitions
1)Alternate Payee - The term "alternate payee" means any spouse,
formerspouse, child or other dependent of a Participant who is
recognized by a domestic relations order as having a right to all, or a
portion of, the benefit payable under the Plan with respect to the
Participant.
2)Income Deduction Order - The term "income deduction order" means
any judgment, decree or orderwhich relates to child support or
alimony payments to a spouse (or former spouse), child, or other
dependent of a Participant, made pursuant to a state domestic
relations law.
d)Designation of Representative. The Participant and the alternate payee(s)
may designate an attorney or other representative to receive notices and
communications from the Trust Fund instead of the Participant or the
alternate payee. This designation must be in writing and must be signed by
the Participant or by the alternate payee.
e)Payment of Benefits Pending Trustees' Decision. Pending a decision by the
Board of Trustees whether an income deduction order should be honored,
any amountwhich would be payable to the alternate payee(s) if the income
deduction order was honored shall be accounted for separately.
Page 20 of 22
PART 10 - COMMUNICATIONS
10.1Custodian.
Communications with the Custodian regarding letters of instruction for the
disposition of assets is to follow the below protocol:
a)All emails must be from the Plan Administrators office. No emails
containing letters of instruction will be sent to the Custodian directly
from a Trustee.
b)All letters of instruction will require two (2) signatures.
c)When a letter of instruction is sent to the Custodian, it will be
immediately followed up with a telephone call by the Investment
Advisor to the Custodian to confirm receipt.
d)As a cross check onthe completion of task from the meeting, minutes
will be prepared within two (2) weeks after the meeting.
Page 21 of 22
Village of Tequesta General Employees
Pension Trust Fund
ADMINISTRATIVE RULES - SIGNATURE PAGE
ChairmanSecretary
TrusteeTrustee
Trustee
Witnessed by:
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Revised:November 2012
August 2015
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Exhibit A
Expense Policy
Exhibit B
Travel Expense Reimbursement Voucher
TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND
Travel Expense Reimbursement Form
Department Name:_____________________________Travel Dates:_________________
Employee Name: ______________________________Mileage Rate: IRS Current485
Detailed Expenses:
TransportationSunMonTueWedThuFriSatTotals
0
Odometer Readings
0
Miles Driven
$-
Reimbursement
$-
Parking and Tolls
$-
Auto Rental
$-
Taxi/Limo
$-
Fuel
$-
Airfare
$-
Other
Totals0
LodgingSunMonTueWedThuFriSatTotals
$-
Lodging
$-
Other
Totals$-
FoodSunMonTueWedThuFriSatTotals
$-
Breakfast
$-
Lunch
$-
Dinner
$-
Other
Totals$-
MiscellaneousSunMonTueWedThuFriSatTotals
$-
Supplies / Equipment
$-
Phone, Fax
$-
Other
Totals$-
Conference/Seminar/Meeting
Amount
Registration
DatePlace Name & LocationBusiness Purpose
Totals
Summary of Expenses
$Prepared By:Date:
Total Expenses
$______________________________
Less Cash Advance
$
Less Company ChargesSignature
$Approved By:Date:
Amount Due to Employee
$_____________________________
Amount Due to Village
Signature
Account #______________________________________________________
Account # ______________________________________________________
Exhibit C
Application for Membership
VILLAGE OF TEQUESTA
GENERAL EMPLOYEES’ PENSION TRUST FUND
ENROLLMENT AND BENEFICIARY DESIGNATION FORM
I, ___________________________, do hereby request to participate in the General Employees’ Pension Trust Fund
of the Village of Tequesta on the date as of which I am eligible to begin participation under the terms of the Plan. I
understand the conditions of the Plan as provided to me and agree to the terms and conditions of the Plan.
In the event of my death prior to termination of employment, I hereby designate the following Beneficiary(ies) to
receive my death benefit from the Plan:
Name of Participant: _______________________________________________________________________
Address: ________________________________________________________________________________
Date of Birth: ____________________ Date of Employment:____________________________
_____________________________________________________________________________________________
Primary Beneficiary: __________________________ Relationship:___________________________
Address: _______________________________________________________________________________
_____________________________________________________________________________________________
Contingent Beneficiary (ies):________________________________________________________________
Address: ______________________________________________________________________________
By completion of this form, any and all previous beneficiary designations are hereby revoked.
The right is reserved to revoke this designation and subject to notice to the Trustee to designate a new beneficiary.
____________________________________________________________________________________________
Signature Social Security Number
_____________________________________________________________________________________________
Date Witnessed Signature of Witness or Plan Official
Exhibit D
Application for Retirement Benefits
Exhibit E
Application for Vested Deferred Retirement Employee
VILLAGE OF TEQUESTA BENEFIT AUTHORIZATION FORM
General Employees Pension Trust Fund Rollover Vested Option
Public Safety Officers Pension Trust Fund Distribution Not Vested/Leaving funds in Plan
PAYEE DATA
Tax Form Address (same as mailing address
)
Mail check to: Payee Financial Institution/Direct Deposit Check if payee is a beneficiary
Payee Name (Last, First, Middle) Address
AddressCity
Reason for separation of service/termination from plan
City :
Normal termination
* Social Security Number
Resigned
Participant Census Information
Normal retirement
Date of birth : Date of hire:
Early retirement
Full-time to Part-Time status
Date of entry: Date of separation of service:
Death benefit from the account of:
Direct rollover Participant has elected a direct rollover
Disability retirement
Information: Yes No
Direct rollover to IRA
Direct rollover to qualified plan
If yes, select from the following:
Other
Amount of Rollover AUTHORIZATION SIGNATURES
Employer: Employee:
Please sign and date in the boxes below:
Total:
FBO (Name of Participant) Finance Director: Date:
Account number: Secretary Board of Trustees: Date:
Address of financial institution: Board of Trustees: Date:
Distribution information prepared by: Date:
Distribution Information
BenefitsEmployerEmployeeTotal
Taxable
Non-taxable
3% Interest (General
Employees Only)
Total gross
20% mandatory withholding
Total check amount
If you have completed (6) years service and are eligible for a deferred pension but have elected a roll-over, please check this box, indicating
your
that you understand that you have forfeited your rights to the Village’s contribution, as only contributions are eligible for roll-over.
If you do NOT wish to have a rollover or contribution distribution, please select one of the following options:
I do not wish to receive a refund of my contributions as I have completed six (6) years service and would like to receive a future, vested,
accrued benefit, the details of which will be communicated to me in writing.
I have less than six (6) years service and understand that I do not qualify for a deferred pension, but would like to leave my contributions in the
fund for five (5) years, pending the possibility of being rehired in a full-time position.
______________________________________________________ ______________
Employee Signature Date
*In accordance with the provisions of §119.071(5)(6)(g), Florida Statutes, the collection and use of social security numbers is authorized for the
purpose of the administration of the pension fund.
Form updated: 11/4/09 (SS# Provision added)
AFFIDAVIT
(Persons withdrawing funds)
I, , hereby release The General Employee’ Pension Trust Fund /
The Public Safety Pension Trust Fund of the Village of Tequesta from any further liability to me for any form
of benefits under the Pension Plan.
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC.
State of FLORIDA
County of PALM BEACH
Sworn to (or affirmed) and subscribed before me this day of ,
20 , by , who is personally known to me or who
produced the following identification:
Notary Public
\[Notary Seal\]
Print, type or stamp name of Notary
Form updated: 11/4/09 (SS# Provision added)
Exhibit F
Investment Policy Statement
Exhibit G
Statement of Policy Regarding Interest on Refunds
• The Pension Ad min istratorshalI provide any questionable applications to the
Fund's legal counsel for review for disqualification from a refund of
contributions.
• Applications submitted, that meet all criteria outlined in the plan document,
shall be disbursed immediately on the signature of a Trustee and ratified at
the next meeting of the Board of Trustees.
THIS STATEMENT OF POLICY
ON CALCULATIONS OF REFUNDS OF
CONTRIBUTIONS is adopted effective ) �- 10200% by the Trustees
of the Village of Tequesta General Employees Pension Trust Fund on this day of
ALA (A V,S� , 2010.
TRUSTEES
I
L�)
r
NO -
Witnessed by:
f
BSJ/adt
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