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06-028 II ORDINANCE NO. 06-0.a e AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 04-050 TO RE- OPEN THE OPEN ENROLLMENT PERIOD DURING WHICH CURRENT MEMBERS OF THE GENERAL EMPLOYEES' PENSION PLAN MAY EXERCISE A ONE- TIME OPPORTUNITY TO PURCHASE SERVICE CREDITS FOR PRIOR MILITARY SERVICE AS CREDITABLE SERVICE TOWARDS A MEMBER'S PENSION; DIRECTING THE PLAN ADMINISTRATOR FOR THE GENERAL EMPLOYEES PENSION PLAN TO NOTIFY PARTICIPANTS OF THE PLAN OF THIS RE- OPENING OF THE OPEN ENROLLMENT PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the General Employees' Pension Board of Trustees ("Board") had 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 S 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, pursuant to the Board's recommendation, the City Commission adopted Ordinance No. 04-050 approving this modification to the Plan; and WHEREAS, the open enrollment period provided in Ordinance 04-050 for a participant to exercise their option to make this purchase was insufficient, the Board recommended that the open enrollment period be reopened for one last opportunity to the Plan members to exercise this option; and Page 1 of4 JFK: S:\CA \Ordinances\Pension\General Employees Pension - revision to military buy back option.doc " WHEREAS, it is the desire of the City Commission to modify the Plan as recommended by the Board to modify the open enrollment period as provided in Ordinance No. 04-050; 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. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Ordinance No. 04-050 to re-open the open enrollment period to provide a one-time opportunity for current members of the General Employees' Pension Plan ("Plan") to include prior military service, as defined in 918-81 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 re-opened 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 918-81 of the Plan. Page 2 of 4 JFK: S:\CA\Ordinances\Pension\General Employees Pension - revision to military buy back option.doc II Section 4. The Plan Administrator of the General Employees Pension Plan is hereby directed to notify the participants of the General Employees Pension Plan of the re- opening of the open enrollment period as provided herein. 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. 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. Section 7. This Ordinance shall become effective immediately upon adoption. FIRST READING this ~ day of 'trlaJr../' jL~: ,2006. Page 3 of4 JFK: S:\CA \Ordinances\Pension\General Employees Pension - revision to military buy back option.doc II . SECOND, FINAL READING and PASSAGE this {~~..-L:t ,2006. ~ day of CITY OF BOYNTON BEACH, FLORIDA mmlsfilOner /J I? Jl4-- ~L h=n(_~ Commissioner ATTEST: I~j (CORPORATE SEAL) Page 4 of 4 JFK: S:\CA\Ordinances\Pension\General Employees Pension - revision to military buy back option.doc