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04-051 (2)1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE 04- OSO AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING A ONE-TIME OPPORTUNITY FOR CURRENT MEMBERS OF THE GENERAL EMPLOYEES' PENSION PLAN TO INCLUDE PRIOR MILITARY SERVICE AS CREDITABLE SERVICE TOWARDS A MEMBER'S PENSION BY PURCHASING SERVICE CREDITS FOR SUCH MILITARY SERVICE SERVED BY THE MEMBER; PROVIDING REGULATIONS FOR IMPLEMENTATION OF THIS OPTION; DIRECTING THAT A CERTIFIED COPY OF THIS ORDINANCE BE PROVIDED TO THE FLORIDA DIVISION OF RETIREMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the General Employees' Pension Board of Trustees ("Board") has determined the necessity to provide for a one-time opportunity for current members of the General Employees' Pension Plan ("Plan") to include prior military service, as defined in § 18-81 of the Plan, as creditable service towards a member's calculation of pension benefits under the Plan by purchasing service credits for prior military service; and WHEREAS, the Board has approved and recommended to the City Commission the adoption of this modification to the Plan; and WHEREAS, it is the desire of the City Commission to modify the Plan as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Page 1 of 4 JFK: 8-18-2003I 1-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Section 2. The City Commission of the City of Boynton Beach, Florida hereby provides for a one-time opportunity for current members of the General Employees' Pension Plan ("Plan") to include prior military service, as defined in {}18- 81 of the Plan, as creditable service towards their calculation of pension benefits under the Plan by purchasing service credits for prior military service. This option shall only be available to those persons who are members of the Plan as of the effective date of this Ordinance. Section 3. The open enrollment period for exercising this option shall commence thirty (30) business days following the adoption of this Ordinance to provide sufficient notice to Plan members. The open enrollment period shall remain open for sixty (60) days, during which time a Member choosing to exercise this option shall submit the required forms to the Plan Administrator demonstrating their intent to exercise such option. Any member failing to submit the required forms prior to such expiration date forfeits the option to purchase prior military service as creditable service in the Plan. Any future military service shall continue to be regulated by §18- 81 of the Plan. Section 4. It shall be the member's financial responsibility to buy back such military service as credited service in the Plan pursuant to the calculations provided by the Plan actuary which shall be provided to each member during the thirty (30) day notice period. Credit shall be awarded only for that service bought back and only upon receipt of payment. The member may make payment for such purchased service credit over a five (5) year period commencing with the first date of open Page 2 of 4 JFK: 8-18-2003[ 1-23-2004 S:\CA\Ordinances~Pension\General Employees Pension - military buy back option.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 enrollment. No member shall receive credit for purchased service credits for which payment has not been received. Any service credits for which payment has not been received prior to the expiration of the five (5) year payment period shall be forfeited. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. It is hereby directed that a certified copy of this Ordinance shall transmitted to the State of Florida Division of Retirement. Section 7. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. This Ordinance shall become effective when the following have Section 8. occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; and As to bargaining unit members~ when a collective bargainin~ agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees~ or their successor organization. Page 3 of 4 JFK: 8-18-2003I 1-23-2004 S:\CA\OrdinancesLPension\General Employees Pension - military buy back option.doc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 25 Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING this I-] day of ~t,tCltX~'U ,2004. SECOND, FINAL READING and PASSAGE this ~.~~, 2004. ATTEST: ~CI CLERK ' ' day of CITY OF BOYNTON BEACH, FLORIDA ~is~one~,~-) Page 4 of 4 JFK: 8-18-2003I 1-23-2004 S:\CA\OrdinancesXPension\General Employees Pension - military buy back option.doc