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O88-43ORDINANCE NO. 88 - 43 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18: PENSIONS AND RETIREMENT, ARTICLE II: EMPLOYEES' PENSION PLAN, DIVISION 4: RETIREMENT AND RETIREMENT BENEFITS, SECTIONS 18-94, 18-111(c)(1), 18-111(c)(2) AND 18-114 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 18, PENSIONS AND RETIREMENT, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; · PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA: Section 1. Whereas, the City Commission of the City of Boynton Beach, Florida has the power to amend Chapter 18, Pensions and Retirement, Article II, Employees, Pension Plan, Division 4, Retirement and Retirement Benefits, as granted by Section 18-58 (i.e., "Power to Amend or Terminate',); Now, therefore, Section 18-94 (i.e., "Employee Contributions Required,,), Subsections (c)(1) and (c)(2) of Section 18.111 (i.e., "Normal Retirement,,) and Section 18.114 (i.e., "Retirement prior to of the Code of Ordinances of the City of Boynton Beach, Florida, are hereby amended pursuant to the following sections of this Ordinance. Section 2. That Section 18~94. Employee contributions required, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type as follows: "Sec. 18-94. Employee-contributions required. Subject to the limitations imposed in section 18-95, employees who are members, of the plan sh · ~h~ee-~e~ee~-%~%~ four Dercen o ~11 c~nt~l~ute h~e~___~ey___~a~s ,~.(~ of the flrst~e twenty five dollars ($825.00) of monthl· s~-De~ee~-+6%~ seven ~ _ Y e~lngs, plus _ Dercent (7%) of montnl-- e .... ~ =mings in excess of f~ve-hundred-f~fe -d hundred twent---~=--- =_~ Y h,,~ ~_~ny ~ve-~un~e~-~zz~_' .~tt'''~= ~: An ~h~ee_~e~ee. jZ~_L'~"_"_f/u;, per month w~ will c~ per month ~.00), or ~we~-e~ f°~Y-fivedo]~s an~ to ~he fund f~ Section 3_ That Section 18-111. Normal reniremen~. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through tTpe as follows= Sec. 18-111. Normal retirement. (a) An employee who retires on or after January 1, 1977, will normally retire on ~he first day of the month following his sixty-second birthday or the first day of the month following ~en (10) yea~s of completed service with the city, whichever is later. (b) An employee who retires prior to January 1, 1977, will normally retire on the first day of the month following his sixty-fifth birthday or the first day of the month following ten (10) years of completed service with ~he city, whichever is later. (c) In the event of normal retirement, ~he retiring employee shall be entitled to and shall be paid an annuity payable monthly beginning with the month of retirement and continuing until death. The ~ount of annuity to which the retiring emp~e~l be entitled will be calcnlated as follows= ' (1) Am-emp~eyee-whe-re~es_pr~e~ ~9~-sha~-Be-e~§~B~e_~e-~eee~ve-a-meaeh~M beme~--eemp~e~--~m--aeee~aaee__w~h__~he P~v~s~sms-~f-ehe-p~am_as_~m_e~fee~_as_~_~he ~a~e-e~-h~s-~e~emen~-exeep~-eha~_e~ee~ve as -el -~am~a~y -~? -}9~ -~he -m~m~h~y payable -~ -eaeh -s~eh -~m~v~a~ -sha~ -be ~me~easeM-by-ewemey_~ve_pe~eeme_%~%}_as_~~ ~ha~-~a~er ~A~__ -,,_].__- who retires nrior ~t~ xux~ =o receive however that w=z-c - - ' d ~~ wx .~ res ~ ct to thos~l~ · as of Janua 1 197 retirement be-~=~ ~. _ 7 the ~n~lVl~al was ~_~~_~=~. D- twent_--five ~_~ sa _°3 t~.at date' a~. Drovid~d 1~6~' the m°~le to ~ach 2 (2) ~.~a_l_=wh~o retired before such d ~e Increased ..... ate shall · . D . two ~rcen . ~',[ benefit times t _of .ful~n e:.~ __.: .... ._he n_umber most recent ret~_ ~dual s Aa-emD~oree-whe-~et~es_ea _o~_after_saa~a~r ~?-~9~ -sha~-Be -eat~t~e~ -to-aa~ -sha~-Be ~a~ -a~ -a~t~ -~a~ab~e -mo~th~ the-~et~e~-emD~oyee-w~-Be-e~t~t~e~_w~_Be eq~&~ -to -~h~tM-seYe~ a~ -oae-ha~f -e e o D ~s -seve~ -f~ _ eat-6~S~-of-th- ......... Y ye Der ~ =~==ss-ove~-~ve-h~a~e~ employee,s-.. yea~sT-the-~ a em~e~ee~s ~m--momths- eomp~ete~-at-~eas~ fte~-se~vSee-at :~ememt---~ate? .... ess-tham-th~tM-~B0~_~ amo~t-sha~-be-~e~ee~ sf -wh~eh -~s -the ,fi-wh~eh e] the afJ and of ( has ret 1 af~ (3) in reJ is Final average monthly purposes of monthly avera¢ during the hi~ occurring in ti calendar mont] normal retirem or after Jan~ compensation ~nsation for the this secJ shall mean the 'e of the employee's earnings lest sixty (60) calendar months ~e one hundred and twenty (120) preceding his ~nt date if such date falls on ~ry 1, 1979, and based upon immediately preceding actual 3 retirement date if normal retirement date Preceded January 1, 1979, or he elected to continue to contribute after retirement date normal "Earnln' s" as Provided in section 18-95. g as Used in the above sentence shall mean gross earnings received by the employee as compensation for service to the ~ity including overtime pay and sick pay Paid in the lump sum at termination or retirement but excluding bonuses. Section 4. That Section 18-114. Retirement Prior to normal retirement date. is hereby amended by adding the Words and figures in Underlined type and by deleting the words and figures in struck-through type as follows: Sec. 18-114. date. Retirement Prior to normal retirement The early retirement date of an employee shall b first day of any month · date and fol ~,.,~- prior to his ~ .... ~ . e the ~=~ retirement ....... ~t~ulng With, th~ ~L~ ~%t-' (a) thi~%~," ,~v~eG he has then ~ii~u~ or ~ -- ,-~, s~urs of credited-~~x_~e?.service;d servl=e and has · attaln=u his fifty-fifth birthda . ~n_ early retiremen+ ~ An_ employee who reti~_~uul=y payable b~_~%t_, mu entitled to ~,,~l~=~u Gate or, if h~ __=~nn~ng at his iL .... ~ beginning at ~_~_ou. elects, to an i---~7T~ ~mount of ~ .... '~= early re~ .... benefit u~=erred annuity ,.,~=~ent date. The provision o~ _~_~s for normal reti~ .... 3qua% to a emn1 ..... ,_ _ t _oucE10~ 18- 1t ~..= --~=nu unGer the e~r2== ~ final average ~on~ff~.[ _ ~uu based on the ~ retirement dar6 a-= ~±~ compensation as of h' service as o~ ----= _ nu nls a~e&-x-=~-= . lS ~esu~ -by -a -~aee~ -%he -a~me~a~ _~ -wh~=h -~s -ehe emp~eyee&s-~u~-Yea~s-a~-eomD~ete~_mo~ehs_of_e~e~ee~ ~e~emen~-~a~e~ If the retiring emplo e receive an immediate annuit ..... y e elects to r~t~ement date, the amo~nt~_=c°mm~nc~ng 9t his early ~t~estch~. actuarial equ~a~ ~eoiate annuit~ 3 crlbed in the precedf~J -l-~~ the deferred · ~ ~un=ence?~ ~~ ~t~ha~. the amount of - ~ rovided an ~:nu ~x -v ~d~_~act.uarial .-~-~-~:Val .... ""~x not ~~~_the~rre~ of cre~ed ~ ~ ~ ~ ~ a~:xeaSt ~irt f ~~' , ~xce- or (b :w (30) ears .~, ~=~ a~ le . f -fxve of ~~ asr twent -fxve (25) 'ears Section 5. Each and every other provision of chapter 18 (i.e., "Pensions and Retirements,,) shall remain in full force and effect, as previously enacted. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4 Section 8. this Ordinance. Section_7. Should an section or provision of this Ordinance, or any Portion thereof, be declared by a Court of competent jurisdiction to be invalid, such decision Shall not affect the remainder of this Ordinance, Authority is hereby gr Section 9. This Ordinance shall b immediately upon Passage. FIRST READING THIS ~ 1988. day of 1988.SECOND AND FINAL PASSAGE thiS~day c ATTEST: ~nted to codify ~COme effective CITY OF BOYNTON BEACH, FLORIDA (Corporate Seal) 5