03-061ORDrN CE 03- Z;
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 18, PENSIONS AND
RETIREMENT, ARTICLE IX EARLY RETIREMENT INCENTIVE
PROGRAM; DELETING SECTIONS 18-223 THROUGH 18-230 IN
THEIR ENTIRETY AND ADDING NEW SECTIONS PROVDING
FOR THE ESTABLISHMENT OF EARLY RETIREMENT
INCENTIVE PROGRAMS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has heretofore formulated early retirement
programs which have had positive administrative and fiscal benefits to the City;
WHEREAS, the City Commission has determined that codification of incentive
is not necessary as they are limited in scope and time; and
WHEREAS, additional provisions for exercising the option to participate in early
incentive programs is necessary to address circumstances when employees are
)acitated or die during participation eligibility periods;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
by this reference.
Section 2.
their entirety.
Section 3.
read as follows:
Sections18-223 through 18-230 of Article IX of Chapter 18 are deleted
The following Sections of Article IX of Chapter 18 are hereby created
Sec. 18-223.
The City Commission may from time to time establish early
for ERIP 110603.rtl
1
retirement incentive programs. Early retirement incentive programs shall be created
by Ordinance. No Ordinance establishing an early retirement incentive program shall
be enacted without:
a. A written recommendation from the City Manager and the Financ~
Director that the proposed early retirement incentive program is beneficial to
the administration of the City workforce and is fiscally beneficial; and
b. An actuarial study has been conducted and presented to the City
Commission; and
c. The proposed Ordinance has been furnished to the State of Florida fo~
review, as required by law.
Sec. 18-224. No employee shall be compelled to participate in an early
retirement incentive program. Participation is optional and shall be evidenced by the
employees' signature on a participation agreement.
Sec. 18-225. The benefits provided by any early retirement incentive
program shall not be forfeited when an employee who was eligible for participation in
an early retirement incentive program offered by the City dies following execution of
an agreement for participation but prior to his/her actual retirement date.
Sec. 18-226. The surviving spouse, or any other legally designated
representative, of an employee who is eligible for participation in an early retiremenl
incentive program may exercise the employee's option to participate when th~:
employee dies or is determined to be mentally incompetent subsequent to thc
adoption of the ordinance enacting the early retirement incentive program but prior t,
the deadline for electing to participate in the program, provided the spouse o,
representative executes the participation agreement on behalf of the employee. In
S:\CA~Ordinances\Pension\Codified Language for ERIP ! 10603.rtl
2
such cases the em lo ee's de artment head sub'ect to a roval b the Cit
Manager, shall establish the actual date of retirement.
_Section 4. Should any section or provision of this Ordinance or portion hereof, any
)aragraph, any 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. Any part of the Boynton Beach Code in conflict herewith shall be
repealed.
Section 6. Authority is hereby granted to codify said ordinance.
_Section 7. This Ordinance shall be effective upon the later of date of passage, and is
>licable to any early retirement incentive program pending at time of adoption and all
future programs adopted by the Commission.
FIRST READING this J ~ day of_ /~D. t,! ~ r~.~'", 2003.
SECOND, FINAL READING and PASSAGE this _ ~ day of_'l)eo_.~b~t.' 2003.
CITY OF .BO~RiDA
Commissioner
fr .
3