HomeMy WebLinkAboutDocumentation_Pension Public Safety_Tab 21_02/14/2006HANSON, PERRY ~ JENSEN, P.A.
40O EXECUTIVE CENTER DRIVE, SUITE 207 -WEST PALM BEACH, Flowoa 33401-2922
LL HANSON*
nson®hpllaw.com
H. PERRY
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BONN- SPATARA JENSEN
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'uso AoMmen N N.Y.
Alex Nathanson
97 S.W. Cassine Court
Palm City, FL 34990
'TELEPHONE (561)686-6550
FACSIMILE (561) 686-2802
February 17, 2005
Re: - Tequesta Public Safety Officers Pension Trust Fund
Alex Nathanson
Our File No.: 1011.1007
Dear Mr. Nathanson:
This office is the legal counsel forthe Tequesta Public Safety Officers Pension Trust
Fund. Your questions regarding the Pension Plan have been referred to me for review and
• response.
The Pension Fund records show that you were hired by the City on August 2, 1993
and terminated employment on January 3, 2001. This means that you were employed by
the Village for 7 years, 5 months and 1 day. To determine the benefits which are available
to you, I looked at the Plan document in effect when you were an active employee and
therefore a member of the Pension Plan.
Under the Plan that was in effect on the day that you terminated, you were not
vested in any benefits under the Plan. See attached Plan Document. Vesting under that
Plan was 10 years of service. Section 9 of the Plan provided that "if a Member [Police or
Firefighter] has less than ten (10) years credited service upon termination, the Member
shall be entitled to a refund of his accumulated contribution or Member may leave it
deposited with the Fund."
The definition of credited service describes what happens if a Member leaves the
accumulated contributions on deposit with the Fund as follows:
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
C7
~~,
•
Alex Nathanson
February 17, 2005
Page 2
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 besubsequently 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.
In 2003, the Plan was amended to reduce the years required for vesting to 6 years.
This amendment was applicable to active full time police officers and firefighters on the
effective date. The 2003 amendment to the Plan was effective December 11, 2003, well
after you had terminated your employment with the Village. There was no provision to
make the vesting retroactive or to include former employees. You were not an active
employee in December of 2003 and you were not included in the changes by some other
• means, therefore, you are not eligible for the reduction investing which occurred afteryou
left the employ of the Village.
The benefit to which you are entitled under the plan provisions is a refund of your
contributions without interest. You may take a refund now or leave your contributions in
the Plan through January 3, 2006, pending the possibility of being re-hired in a full time
position with the fire or police department. If you are not re-hired by that date, your
contributions shall be returned to you.
If you have any questions on this matter, please contact me.
Sincerely yours,
r
I~
Bonni S. Jen en
Copy to: Chariman and Secretary
Gwen Carlisle
• H:1Tequesta PS 1011Wanc~ipantsWathanson.wpd
Dan Gall her
Karen Amenita [karena@hpjlaw.com]
~~ Friday, February 18, 2005 10:08 AM
To: Gwen Carlisle
Cc: Dan Gallagher; Bonni S.Jensen
Subject: Alex Nathanson
Natfianson.pdf
Hi Gwen,
Bonni sent the attached letter to Alex Nathanson. I am sending
a "blind copy" to Dan Gallagher, as Mr. Nathanson has been communicating
with Dan regarding this matter.
Karen Amenita <karena@hpjlaw.com>
Legal Assistant to Bonni S. Jensen-
Hanson Perry & Jensen, PA
400 Executive Center Drive, Suite 207
West Palm Beach, FL 33401-2922
561-686-6550 (Phone)
561-686-2802 (Fax)
•