O90-47ORDINANCE NO. 90-6~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH,. FLORIDA,
AMENDING CHAPTER 18, DIVISION 2, SECTION
18-76 AND ADDING A NEW SECTION 18-172 TO
PROVIDE FOR A TWELVE MONTH TIME
LIMITATION FOR ELECTING NOT TO
PARTICIPATE IN THE PENSION PLAN FOR
POLICE AS A CONDITION OF ELIGIBILITY FOR
THE GENERAL EMPLOYEES PENSION PLAN;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS ~ Florida Statute 185.15 provides that any
ii person who enters the employment of any incorporated
imunicipality as a police officer shall have twelve months
i from date of employment to opt out of the Police Pension
i iFund'; and
WHEREAS, Section 18-76 of the Code of Ordinances makes
reference to opt out of the Police Pension Fund as a
condition of eligibility for participation in the Employees
Pension Fund but fails to specifically define the opt out
)eriod; and
WHEREAS, the City Commission deems it in the best
interests of the members of the City's Pension Plans to
conform the language of the Code to the provisions of State
law and to the current administrative application of the
applicable code provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 18, Article II, Division 2,
Section 18-76 of the Code of Ordinances is amended to read
as follows:
18-76. Policemen who do not become members of
the pension plan for policemen in Boynton Beach
when first eligible, or who elect not to
participate in the pension plan for policemen at
s~me-~utu~e-date~ within twelve (12) months after
emplo~nnent will become members of the General
Employees' Pension Plan of the City of Boynton
Beach on the first day of the month following, or
coinciding with, the date of their election not to
participate in, or to terminate from, the pension
plan for policemen, provided they qualify under
section 18-75 as full-time permanent general
employees.
Section 2. Chapter 18, Article III is amended to
add a new Section 172 which shall read:
Section 18-172. Any person who enters the
employment of the City as a police officer and who
does not desire to participate in the police
officer's pension fund shall, within twelve (12)
months after employment notify the Police Pension
Board to that effect. Such individual shall then
be eligible to participate in the General
Employees' Pension Plan.
Section 3. That all ordinances or parts of ordinances
· n conflict herewith be and the same are hereby repealed.
Section 4. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 5.
Drdinance.
Authority is hereby granted
Section 6. This ordinance
immediately upon passage.
to codify said
1990.
shall become effective
FIRST READING this /,~ day of -==~--~;~_/;~z~f. ,
SECOND, FINAL READING and PASSAGE this ~ day of
1990.
ATTEST: :
(Corporate Seal)
CITY/~TON BEACH, FLORIDA
vice Mayor
Commissioner ~ -
Co%~nissioner
Commissioner