HomeMy WebLinkAboutDocumentation_Regular_Tab 08H_07/22/1999ToNEs
FOSTER
JOHNSTON
8t STUBBS, P.A.
Attorneys and Counselors
John B. McCracken, Esq.
Direct Dial: (561) 650-0471
Dtrect Fax: (561) 650-0431
E-mail: jmccracken@jones-foster.com
June 23, 1999
VIA FAX: 575-6203
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
Mr. Thomas G. Bradford, Village Manager
Village of Tequesta
250 Tequesta Drive, Suite 300
Tequesta, FL 33469-0273
RE: Village of Tequesta Employees' Pension Trust Fund
Dear Tom:
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Facsimile (561) 832-1454
~ ~
As discussed at our last meeting, the legislature passed and Governor Bush signed House Bill
261 which substantially amends Chapters 175 and 185 of the Florida Statutes. As the
amendments to the two Chapters are substantially similar, I will make reference to the
citations in Chapter 175.
F.S. 175.061(b)3 provides that. the board of trustees of any local law plan in existence on July
1, 1999, which includes as members general employees as well as firefighters and police
officers, must hold an election of the firefighters and police officers. The purpose of the
election is to allows them to choose whether each group desires to establish separate boards
and plans or a board and plan for firefighters together with police. officers. Unless exempt
under provisions which would not appear to apply, the firefighters and police officers do not
appear to have the option of voting to remain as members of a plan with general employees.
The statute declares that the municipality is expected to enact an ordinance or resolution to
establish the new board(s) and plan(s) by October 1, 1999. That new board or boards will
take control of the assets attributable to firefighters or firefighters and police officers which
" ...shall include all employer, employee and state contributions made by or on behalf of
firefighters, or firefighters and police officers where included, and any investment income
Thomas G. Bradford, Village Manager
June 23, 1999
Page 2
derived from such contributions. All such monies shall be transferred into the newly
established retirement plan, as directed by the board." F.S. 175.061(b)3.
Accordingly, the Board of Trustees of the Village of Tequesta Employees' Pension Trust
Fund is obligated to conduct an election of firefighters and police officers to determine
whether those employee classes desire to have one additional or two additional boards of
trustees and pension plans. Based upon the results of that election, the municipality (not the
Board of Trustees) is obligated to establish the new plan or plans and board or boards. It
would appear, therefore, that the Board of Trustees shall authorize the required election at
its meeting to be held July 28, 1999.
Please give me a call after you have reviewed this letter to discuss time constraints after July
28, 1999, for action by the Village before October 1, 1999. Perhaps the July meeting of the
Board of Trustees can be moved up a few weeks.
Sincerely yours,
JONES; FOSTER, JOHNSTON & STUBBS, P.A.
By
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