26-018 ORDINANCE NO. 26-018
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18,
3 ARTICLE IV, PENSIONS FOR FIREFIGHTERS;CREATING SECTION
4 18-195 OF THE CITY CODE REGARDING MEMBERSHIP;
5 CREATING SECTION 18-196 OF THE CITY CODE REGARDING
6 OPTIONAL TRANSFER RIGHTS OF FIRE CHIEF; PROVIDING FOR
7 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
8 FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
9
10 WHEREAS, the City of Boynton Beach desires to amend Chapter 18 of the Code of
11 Ordinances of the City of Boynton Beach; and
12 WHEREAS, the City of Boynton Beach, as a management tool, wants flexibility to allow
13 the person in the position of Fire Chief to opt out of the Firefighters Pension Trust Fund at the
14 individual Fire Chief's option and opt into the Employees' Pension Plan; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to amend
16 the Employees' Pension Plan of the City of Boynton Beach, Florida; and
17 WHEREAS, section 175.032, Florida Statutes, authorizes a municipality to permit a Fire
18 Chief to elect to participate in another retirement system under certain conditions; and
19 WHEREAS, the City desires to permit the transfer of the actuarial present value of the Fire
20 Chief's accrued firefighter pension benefit to the Employees' Pension Plan upon such election;
21 and
22 WHEREAS, it is the intent of the City that the transfer authorized herein shall not result in
23 duplication of credited service or duplication of pension benefits between the Firefighters'
24 Pension Trust Fund and the Employees' Pension Plan; and
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ORDINANCE NO. 26-018
25 WHEREAS, the City Commission desires to amend the City of Boynton Beach Municipal
26 Firefighters' Pension Trust Fund accordingly.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA:
29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
30 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
31 Section 2: Part II "Code of Ordinances," Chapter 18 "Pensions and retirement," Article
32 IV "Pension for Firefighters," Section 18-195 "Membership" is hereby created as follows:
33 Sec. 18-195. — Membership.
34 (a) All firefiahters and all future new firefiahters shall become members of this system as a
35 condition of employment. Notwithstandina the previous sentence, a new employee who
36 is hired as the Fire Chief, within sixty (60) days of employment as Fire Chief, may notify the
37 board and the City, in writing, of their election not to be a member of the system. The
38 current Fire Chief may elect to opt out of participation in the system: however, such an
39 option shall be in writina to the board and the City and exercised within sixty (60) days of
40 the effective date provided in Section 7. This System will transfer the actuarial value of the
41 Fire Chief's accrued benefit to the Employees' Pension Plan to account for the service as a
42 member in that plan prior to actual entry.Thereafter, contributions to this System shall not
43 be required: the Fire Chief shall not be eliaible to be elected as a member trustee on the
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ORDINANCE NO. 26-018
44 board or to vote for a member trustee; and shall not be eliaible for any other benefits from
45 this System.
46 Section 3: Section 18-196 of the Code of Ordinances of the City of Boynton Beach is
47 hereby created to read as follows:
48 Sec. 18-196.—Optional Transfer Rights of Fire Chief.
49 As provided in Section 18-195, the Fire Chief shall have the option, pursuant to section
50 175.032. Florida statutes. to transfer the accrued actuarial present value of their firefiahter
51 pension benefit to the Employees' Pension Plan within sixty (60) days of employment or
52 within sixty days of the effective date provided in Section 7. Anv election by the Fire Chief
53 to transfer into the Employees' Pension Plan shall be made in writina and shall
54 acknowledae that the transfer results in the surrender of all riahts and benefits under the
ss Firefiahter Trust Fund. The Fire Chief's employee contributions of five percent (5%) of pay.
56 which were collected to fund the Firefiahter COLA, shall be refunded to the Fire Chief.
57 Refunded contributions may be rolled over to another qualified plan that accepts rollovers.
58 Upon transfer to the General Employees' Pension Plan, the Fire Chief shall no lonaer serve
59 as an ex officio member of the Board of Trustees of the Firefiahters Pension Trust Fund
60 under Section 18-184.
61 Section 4: Codification. It is the intention of the City Commission of the City
62 of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall
63 become and be made a part of the Code and Ordinances of the City of Boynton Beach,
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ORDINANCE NO. 26-018
64 Florida. The City Clerk is hereby directed to incorporate this Ordinance into the Code, and
65 to make such section renumbering, re-lettering, and formatting changes as may be
66 necessary to accomplish such intent, including the correction of typographical errors and
67 the updating of cross-references.
68 Section 5: Severability. If any clause, section, or other part of this Ordinance shall be
69 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
70 or invalid part shall be considered as eliminated and in no way affect the validity of the other
71 provisions of this Ordinance.
72 Section 6: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
73 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
74 conflict.
75 Section 7: Effective Date. That this Ordinance shall take effect when the
76 following have occurred:
77 (a) The City Commission has received and accepted a report establishing the actuarial
78 soundness of these amendments, which report shall be provided by the Pension Board
79 Actuary.
80 (b) A copy of this Ordinance shall be sent to the Florida Division of Retirement by counsel
81 for the Pension Board.
82 (c) The foregoing changes to pension benefits shall be subject to ratification by the City
83 Commission and the Boynton Beach Association of Fire Fighters Local 1891, or its
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ORDINANCE NO. 26-018
84 successor organization,through a collective bargaining agreement, or alternatively, receipt
85 of a letter from such union stating that it accepts the terms of this Ordinance or otherwise
86 does not object to its contents, which process shall be coordinated through the City Legal
87 Department.
88 (d)The Municipal Firefighters' Pension Board of Trustees has concurred in the amendment,
89 which concurrence has already occurred.
90 Upon satisfaction of all of the above requirements, then in that event, the terms and
91 provisions of this Ordinance shall become effective.
92
93 [SIGNATURES ON THE FOLLOWING PAGE]
94
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ORDINANCE NO. 26-018
95
96 FIRST READING this a day of . c�v, Q . 2026.
97 SECOND, FINAL READING AND PASSAGE this \ 4p_ day of , 2026.
98 CITY OF BOYNTON BEACH, FLORIDA
99 YES NO
100
101 Mayor— Rebecca Shelton ✓
102
103 Vice Mayor—Thomas Turkin
104 000 tri
105 Commissioner—Angela Cruz rC 3-0 \ `S
106
107 Commissioner— Mack McCray ✓
108
109 Commissioner—Aimee Kelley ✓
110
111 VOTE
112 ATTEST:
113
114
115 /_ i ii / 'J JAZ-
116 Tammy Stanzi. e Rebecca Shelton
117 Interim City Clerk loNB,�`".•‘‘ Mayor
.,,,,,
118 ,` ,, �1
119 f cbo.QORATE ' . 'S'
o
.."64- �\ �\ 1+10 APPROVED AS TO FORM:
120 (Corporate Seal); ,..: ockP�F,
121 1 Gfr
122 • . ,. �cQ Shawna G. Lamb
123 .. .��- City Attorney
•
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