26-017 ORDINANCE NO. 26-017
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 18-55, 18-
3 75, AND 18-76 OF CHAPTER 18, ARTICLE II OF THE CODE OF
4 ORDINANCES TO PROVIDE FOR OPTIONAL PARTICIPATION BY
5 THE FIRE CHIEF IN THE EMPLOYEES' PENSION PLAN;
6 PROVIDING FOR CODIFICATION; PROVIDING FOR
7 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
8 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.
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ORDINANCE NO. 26-017
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA:
27 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
28 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
29 Section 2: Part II "Code of Ordinances," Chapter 18 "Pensions and retirement," Article
30 II "Employees' Pension Plan," Division I "Definitions," Section 18-55 "Definitions" is hereby
31 amended to read as follows:
32 Sec. 18-55. — Definitions.
33 *****
34 Employee means all full-time persons employed by the City and so classified under rules
35 and regulations and personnel records of the City, including "probational" or permanent
36 employees. Any appointed officer shall only be qualified under this plan under one (1) office,and
37 that office being the one from which he receives the largest annual salary, compensation, or
38 remuneration. Independent contractors are excluded. Effective [insert effective date of this
39 Ordinancel, Employee shall also mean the Fire Chief, only on the condition that he elected in
40 writing to opt out of the Firefighters' Trust Fund and opt into the Employees' Pension Plan as
41 provided for in Section 18-195 of the Code of Ordinances and the Fund receives the actuarial
42 value of the Fire Chief's accrued benefit from the Firefighter System to account for the service as
43 a member in that plan prior to actual entry.
44
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ORDINANCE NO. 26-017
45 *****
46 Genera/employee. A general employee shall include all employees, as defined in section
47 18-55 herein;-ethcr than ~&!icemen or firemen who have not elected to become members of this
48 pension plan under the provisions of section 18 76.
49 Section 3: Section 18-75 of the Code of Ordinances of the City of Boynton Beach is
50 hereby amended to read as follows:
51 Sec. 18-75. - New members.
52
53 New, full-time,-general ECity employees will participate in the plan on the first day of their
54 becoming a full-time general city employee. Full-time, permanent employees who do not elect to
55 become original members of the plan may elect to become new members of the plan as of any
56 anniversary of the effective date of the plan by giving written notice to the City Manager at least
57 one (1) month before such anniversary date. Effective [insert effective date of this Ordinance], as
58 provided for in Section 18-195 of the Code of Ordinances, should the Fire Chief elect in writina to
59 opt out of the Firefiahters' Trust Fund and opt into the Employees' Pension Plan, he shall be
60 considered a new member of the plan with service datina to their oriainal date of hire.
61
62 Section 4: Section 18-76 of the Code of Ordinances of the City of Boynton Beach is
63 hereby amended to read as follows:
64 Sec. 18-76. - Reserved. Optional Opt In and Transfer Riahts of Fire Chief.
65
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ORDINANCE NO. 26-017
66 As provided in Section 18-55. the Fire Chief shall have the option to opt into the
67 Employees' Pension Plan, on the condition that the Firefiahters' Trust Fund transfers the accrued
68 actuarial present value of the Fire Chief's pension benefit to the Employees' Pension Plan.The Fire
69 Chief's service in this Plan will then commence on the date of hire as Fire Chief.
70 Section 5: Codification. It is the intention of the City Commission of the City of
71 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
72 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida. The City Clerk
73 is hereby directed to incorporate this Ordinance into the Code, and to make such section
74 renumbering, re-lettering, and formatting changes as may be necessary to accomplish such intent,
75 including the correction of typographical errors and the updating of cross-references.
76 Section 6: Severability. If any clause, section, or other part of this Ordinance shall be
77 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
78 or invalid part shall be considered as eliminated and in no way affect the validity of the other
79 provisions of this Ordinance.
8o Section 7: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
81 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
82 conflict.
83 Section 8: Effective Date. That this Ordinance shall take effect when the
84 following have occurred:
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ORDINANCE NO. 26-017
85 (a) The City Commission has received and accepted a report establishing the actuarial
86 soundness of these amendments, which report shall be provided by the Pension Board
87 Actuary.
88 (b) A copy of this Ordinance shall be sent to the Florida Division of Retirement by counsel
89 for the Pension Board.
90 (c) The foregoing changes to pension benefits shall be subject to ratification by the City
91 Commission and the Boynton Beach Association of Fire Fighters Local 1891, or its
92 successor organization,through a collective bargaining agreement, or alternatively, receipt
93 of a letter from such union stating that it accepts the terms of this Ordinance or otherwise
94 does not object to its contents, which process shall be coordinated through the City Legal
95 Department.
96 (d)The Municipal Firefighters' Pension Board of Trustees has concurred in the amendment,
97 which concurrence has already occurred.
98 Upon satisfaction of all of the above requirements, then in that event, the terms and
99 provisions of this Ordinance shall become effective.
100
101 [SIGNATURES ON THE FOLLOWING PAGE]
102
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ORDINANCE NO. 26-017
103 '1
104 FIRST READING this oS day of -e- , 2026.
105 SECOND, FINAL READING AND PASSAGE this \ C-, day of ' ,...•(\•12... , 2026.
106 CITY OF BOYNTON BEACH, FLORIDA
107 YES NO
108
109 Mayor— Rebecca Shelton
110
111 Vice Mayor—Thomas Turkin _L
112 CA-bZh
113 Commissioner—Angela Cruz \TOS- G:%s
114
115 Commissioner— Mack McCray ✓
116
117 Commissioner—Aimee Kelley
118
119 VOTE
120 ATTEST:
121
122 n
123 /_
124 Tammy Starione Rebecca Shelton
125 Interim City Clerk Mayor
126 oy NTON `���
127 ;' (Q)••pORgT •.ex�� APPROVE AS TO FORr:
128 (Corporate Seal) (/
SEAL : * �� .5
129 i U•
fi •;1NCORPORMED! i
130 420 : ' Shawna G. Lamb
131 1g City Attorney
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