06-036
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2 '
ORDINANCE 06- 03Co
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 REPEALING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON
5 BEACH CODE OF ORDINANCES, ENTITLED "PENSIONS FOR
6 POLICE OFFICERS," AND ADOPTING A NEW ARTICLE III IN
7 REPLACEMENT THEREOF TO BE ENTITLED "MUNICIPAL
8 POLICE OFFICERS' RETIREMENT TRUST FUND;" PROVIDING
9 FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING
10 FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE
11 HEREOF.
12 WHEREAS, the State Legislature of the State of Florida has enacted numerous
13 amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers'
14 Retirement Trust Funds; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
16 revise its Police Officers' Pension Ordinance in order to comply with State Statutes and to
17 provide pension benefits to its police officers;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA:
20
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true
21 and correct and are incorporated herein by this reference
22
Section 2.
Article III of Chapter 18 of the Boynton Beach Code of Ordinances is
23 hereby repealed and a new Article III of Chapter 18 is hereby adopted as follows:
24 ARTICLE III. MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND
25 Section 18-164. Creation and Maintenance of Fund and Retirement System
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A.
There is hereby created a special pensiOn fund for the Police Officers of
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Boynton Beach, Florida, to be known as the Boynton Beach Police Officers'
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Pension Fund. All assets of every description held in the name of the Boynton
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Beach Police Officers' Retirement Trust Fund shall continue to be held, but such
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fund shall hereafter be known as the Boynton Beach Police Officers' Pension
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Fund and shall be administered as set forth in this Article of Chapter 18 of the
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City of Boynton Beach Code.
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B.
The Fund shall be maintained in the following manner:
1. By payment to the Fund of the net proceeds of the .85% excise tax which is
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imposed by the City of Boynton Beach upon certain casualty insurance
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companies on their gross receipts of premiums from holders of policies,
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which policies cover property within the corporate limits of the City of
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Boynton Beach as authorized in Chapter 185, Florida Statutes, amended.
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These amounts are to be deposited with the Board of Trustees within five (5)
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days ofreceipt by the municipality. Chapter 185, Fla. Stat.
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2. By the payment to the Fund of seven percent (7%tof the salary of each full
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time police officer duly appointed and emolled as a member of the City of
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Boynton Beach Police Department; which seven percent (7%} shall be
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picked up, rather than deducted, by the City of Boynton Beach from the
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compensation due to the Police Officer and paid over to the Board of
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Trustees ofthe Boynton Beach Police Officers' Pension Fund on a bi-weekly
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basis. All pickup contributions shall be treated as employer contributions for
the purposes of determining tax treatment under the Internal Revenue Code
of 1986, as amended. All such pick up amounts shall be considered as
employee contributions for purposes of this plan. The percentage deducted
from the police officers' salaries are to be deposited with the Board of
Trustees immediately. Chapter 185, Fla. Stat., Boynton Beach Code of
Ordinances Sec. 18-170.
3. By all fines and forfeitures imposed and collected from any police officer
because of the violation of any rule and regulation adopted by the Board of
Trustees. Chapter 185, Fla. Stat.
4. By mandatory payment at least quarterly by the City of Boynton Beach a
sum equal to the normal cost and the amount required to fund any actuarial
deficiency shown by an actuarial valuation as provided in Part VII of
Chapter 112, Florida Statutes. Chapter 185, Fla. Stat. On an annual basis,
the Board of Trustees will evaluate the actuarial assumptions used.
5. By all gifts, bequests, and devises when donated to the fund. Chapter 185,
Fla. Stat.
6. By all accretions to the fund by way of interest or dividends on bank
deposits, or otherwise. Chapter 185, Fla. Stat.
7. By all other sources or income now or hereafter authorized by law for the
augmentation of the Boynton Beach Police Officers' Pension Fund. Chapter
185, Fla. Stat.
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c.
Under no circumstances may the City of Boynton Beach reduce the member
2 contribution to less than one-half lliLof one percent (1 %) of salary. Chapter
3 185, Fla. Stat.
4 Section 18-165. Definitions.
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A.
The following words or phrases, as used III this ordinance, shall have the
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following meaning:
1. "Actuarial Equivalence" or "Actuarially Equivalent" means that any benefit
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payable under the terms of this Plan in a Form other than the normal form of
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benefit shall have the same actuarial present value on the date payment
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commences as the normal form of benefit. For purposes of establishing the
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actuarial present value of any form of payment, all future payments shall be
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discounted for interest and mortality by using eight percent (8%) interest and
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the 1983 Group Annuity Mortality Table, blending eighty percent (80%)
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Males and twenty percent (20%) Females, with ages set ahead five ill years
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in the case of disability retirees.
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2. "Average final compensation" shall mean the average total remuneration
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received by a police officer during the best five (5) years of service with the
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city within the last ten QQ}. Chapter 185, Fla. Stat., Boynton Beach Code of
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Ordinances Sec. 18-168, as amended by Ordinance No. 0 00-18 and 00-004.
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3. "Compensation" or "salary" shall mean the total cash remuneration including
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lump sum payments for accumulated sick and vacation leave and "overtime"
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paid by the primary employer to a police officer for services rendered, but
not including any payments for extra duty or a special detail work performed
on behalf of a second party employer paid directly to the police officer by
the second party employer. This definition also excludes severance pay and
other similar payments which are not for services rendered. The member's
compensation or salary contributed as employee-elective salary reductions or
deferrals to any salary reduction, deferred compensation, or tax-sheltered
annuity program authorized under the Internal Revenue Code shall be
deemed to be the compensation or salary the member would receive if he or
she were not participating in such program and shall be treated as
compensation for retirement purposes under this ordinance Article. For any
person who first becomes a member in any p-~lan year beginning on or after
January 1, 1996, compensation for any JT-~lan year shall not include any
amounts in excess of the Internal Reyenue Code. section, 401(a)(17) of the
Internal Revenue Code limitation (as amended by the Omnibus Budget
Reconciliation Act of 1993), which limitation of $150,000 shall be adjusted
as required by federal law for qualified government plans and shall be
further adjusted for changes in the cost of living in the manner provided by
Internal Revenue Code section-;- 401(a)(17)(B) of the Internal Revenue Code.
For any person who first became a member prior to the first plan year
beginning on or after January 1, 1996, the limitation on compensation shall
be not less than the maximum compensation amount that was allowed to be
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taken into account under the plan as in effect on July 1, 1993, which
limitation shall be adjusted for changes in the cost of living since 1989 in the
manner provided by Internal Revenue Code section-;- 401(a)(17)(B) of the
Internal Revenue Code (1991). Chapter 185, Fla. Stat.
4. "Creditable service" or "credited service" shall mean the aggregate number
of years of service and fractional parts of years of service of any police
officer, omitting intervening years and fractional parts of years when such
police officer may not have been employed by the municipality subject to
the following conditions:
a. No police officer will receive credit for years or fractional parts of years
of service if he or she has withdrawn his or her contributions to the fund
for those years or fractional parts of years of service, unless the police
officer repays into the f-Eund the amount he or she has withdrawn, plus
interest as determined by the board in accordance with S 18-172.
b. A police officer may voluntarily leave his or her contributions in the
Fund for a period of five (5} years after leaving the employ of the police
department, pending the possibility of his or her being rehired by the
same department, without losing credit for the time he or she has
participated actively as a police officer. If he or she is not reemployed as
a police officer with the same department within five (5} years, his or her
contributions shall be returned to him or her without interest.
c. In determining the creditable service of any police officer, credit for up
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to five (51.-years of the time spent in the military service of the Armed
Forces of the United States shall be added to the years of actual service,
if:
(1) The police officer is in the active employ of the municipality
prior to such service and leaves a position, other than a temporary
position, for the purpose of voluntary or involuntary service in
the Armed Forces of the United States.
(2) The police officer is entitled to reemployment under the
provisions of the Uniformed Services Employment and
Reemployment Rights Act.
(3) The police officer returns to his or her employment as a police
officer of the municipality within one (1} year from the date of
his or her release from such active service.
Continuous service with the employer shall not be broken in the event of:
(1) Absence on an approved leave of absence;
(2) Absence from work because of occupational injury or disease
incurred in employment for which a police officer is entitled to
Workers' Compensation payments;
(3) Absence due to service in the armed forces of the United States
provided the officer shall re-enter employment with the City
within one (1} year of discharge.
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Chapter 185, Fla. Stat.
5. "Beneficiary" shall mean any person, including the estate of the member,
who is entitled to receive a pension benefit payable from the Boynton Beach
Police Officers' Pension Fund upon the death of a member or participant.
Chapter 185, Fla. Stat.
6. "Fund" or "Police Officers' Pension Fund" shall mean the Boynton Beach
Police Officers' Pension Fund. Chapter 185, Fla. Stat.
st
7. "Plan year" shall mean the fiscal year commencing October 1 and ending
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the following September 30 . Boynton Beach Code of Ordinances Sec. 18-
171, Ord. No. 90-23, 91, 8-7-90.
8. "Police officer" shall mean any person who is elected, appointed or
employed full time by the City of Boynton Beach, who is certified or
required to be certified as a law enforcement officer in compliance with
9943.1395, Florida Statutes, who is vested with authority to bear arms and
make arrests, and whose primary responsibility is the prevention and
detection of crime or the enforcement of the penal, criminal, traffic or
highway laws of the state. This definition includes all certified supervisory
and command personnel whose duties include, in whole or in part, the
supervision, training, guidance, and management responsibilities of full-time
law enforcement officers, part-time law enforcement officers or auxiliary
law enforcement officers as the same are defined in 9943.1 0(6) and (8)~
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Florida Statutes. Chapter 185, Fla. Stat.
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9. "Retiree" or "retired police officer" shall mean a police officer who has
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entered retirement status. For the purposes of the Deferred Retirement
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Option Plan (DROP), a police officer who enters the DROP shall be
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considered a retiree for all purposes of the plan. Chapter 185, Fla. Stat.
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10. "Retirement" shall mean a police officer's separation from City employment
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with immediate eligibility for receipt of benefits under the plan. For
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purposes of the DROP, "retirement" means the date a police officer enters
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the DROP. Chapter 185, Fla. Stat.
B.
The masculine gender includes the feminine and words of the singular with
11 respect to persons include plural and vice versa.
12 Section 18-166. Board of Trustees Created.
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A.
Board of Trustees. There is hereby created a Board of Trustees of the Boynton
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Beach Police Officers' Pension Fund which shall be solely responsible for
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administering the Pension Fund. The Board of Trustees shall be a legal entity,
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with the power to bring and defend lawsuits of every kind, nature and
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description, and to the extent required to accomplish the intent, requirements
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and responsibilities provided for in this ordinance Article. The Board shall
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consist of five .0ltIrustees as follows:
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1.
Two ill legal residents of the City, who shall be appointed by the City
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Council Commission. Each City Trustee shall serve at the pleasure of
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the City Council Commission. Each City Trustee may succeed himself or
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herself as a Trustee.
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2.
Two ill police officer participants of the City of Boynton Beach Police
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Officers Pension Fund, who are elected by a majority of the police
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officer participants in the Fund. Elections shall be held under such rules
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and regulations as the Board of Trustees shall from time to time adopt.
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Each police officer tIrustee shall serve as a Trustee for a period of two
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ill years, unless he or she sooner ceases to be a police officer in the
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employ of the Boynton Beach Police Department, whereupon their
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successor shall be elected by a majority of the participants of the
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Boynton Beach Police Officers' Pension Fund. Each police officer
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tIrustee may succeed himself or herself as a t- Irustee.
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3.
A fifth tIrustee shall be chosen by the majority of the other four ill
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tIrustees. This fifth tIrustee 's name shall be submitted to the City
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Council Commission, which shall, as a ministerial duty, appoint such
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person to the Board as a fifth tIrustee. The fifth tIrustee shall serve as
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a tIrustee for a period of two ill years, and may succeed himself or
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herself as a tIrustee.
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Chapter 185, Fla. Stat.
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B.
Board Vacancies; Procedures to Fill Same. In the event at- Irustee provided for
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in Section 18-166(A)(2) ceases to be a police officer in the employ of the City of
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Boynton Beach Police Department, he shall be considered to have resigned from
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the Board of Trustees. In the event such a tIrustee shall resign, be removed, or
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become ineligible to serve as t- Irustee, the Board shall, by resoltltion motion,
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declare that office of t- Irustee vacated as of the date of adoption of such
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resolution motion. If such a vacancy occurs in the office of t- Irustee within
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ninety (90) days of the next succeeding election for tIrustee, the vacancy shall
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be filled at the next regular election for the unexpired portion of the term;
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otherwise, the vacancy shall be filled for the unexpired portion of the term at a
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special election called by the Board. In the event a t- Irustee provided for in
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Section 18-166(A)(I) and (3) shall resign, be removed or become ineligible to
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serve as t- Irustee, the Board shall, by resolution motion, declare that office of
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Trustee vacated as of the date of adoption of the resolution motion. The
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successor for the unexpired portion of the term shall be chosen in the same
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manner as an original appointment.
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C.
Board Meetings: Quorum: Procedures. The Board of Trustees shall hold
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meetings regularly, at least once each quarter and shall designate the time and
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place thereof. At any meeting of the b-Board, three Q.Lt- Irustees shall
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constitute a quorum. Each t- Irustee shall be entitled to one ill vote on each
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question before the Board and at least three ill concurring votes shall be
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required for a decision by the Board at any of its meetings. The Board shall
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adopt its own rules and procedures and shall keep a record of its proceedings.
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All meetings of the Board shall be open to the public. No t- Irustee shall take
part in any action in connection with their own participation in the f-Eund, and
no unfair discrimination shall be shown to any individual police officer
participating in the {fund.
1. Board Chairman and Secretary.
a. The Board of Trustees shall, by majority vote, elect from its
members a Chairman and a Secretary.
b. The secretary of the Board shall keep:
(1) a complete minute book of the actions, proceedings or
hearings of the Board;
(2) A record of all persons receiving retirement payments
under the plan which includes the time when the pension
is allowed and when the pension shall cease to be paid;
and
(3) A list of all police officers employed by the municipality
which includes the name, address and dates of hire and
termination.
Compensation. The t- Irustees of the Boynton Beach Police Officers' Pension
Fund shall not receive any compensation for their services as such, but may
receive expenses and per diem when performing official duties in administering
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1 the fund.
2 Section 18-167. Powers of the Board oftIrustees.
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A.
The Board of Trustees may:
4
1.
Invest and reinvest the assets of the Boynton Beach Police Officers'
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Pension Fund in annuity and life insurance contracts of life insurance
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companies in amounts sufficient to provide, in whole or in part, the
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benefits to which all the participants in the municipal police officers,
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retirement trust fund Pension Fund shall be entitled under the provisions
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of this ordinance Article and pay the initial and subsequent premiums
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thereon from the integral part of the Fund. If current state contributions
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are adequate to fund minimum requirements of Chapter 185, Florida
12
Statutes additional State funds may be used to provide benefits that
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exceed requirements of Chapter 185.
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2.
Invest and reinvest the assets of the retirement trust fund in:
a. Time or savings accounts of a national bank, a state bank insured
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by the Bank Insurance Fund, or a savings and loan association
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insured by the Savings Association Insurance Fund which is
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administered by the Federal Deposit Insurance Corporation or a
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state or federal chartered credit union whose share accounts are
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insured by the National Credit Union Share Insurance Fund.
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b.
The aggregate investment of fEund assets in:
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(1) Obligations of the United States or obligations guaranteed
as to principal and interest by the Government of the
United States;
(2) Bonds issued by the State of Israel;
(3) Bonds or other evidences of indebtedness issued or
guaranteed by a corporation organized under the laws of
the United States, any state or organized territory of the
United States, or the District of Columbia. However, the
average rating of such investments in bonds shall be no
lower than AA-;
(4) County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the division of
bond finances of the department of general services, or of
any other state agency, which have been approved as to
legal and fiscal sufficiency by the state board of
administration; and
(5) Obligations of any municipal authority issued pursuant to
the laws of this state; provided, however, that for each of
the five ill years next preceding the date of investment
the income of such authority available for fixed-charges
shall have been not less than 1.5 times its average annual
fixed-charges requirement over the life of its obligations;
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shall not at cost exceed sixty-five percent (65%} of the
fund's assets; nor shall more than ten percent (10%} of the
fund's assets be invested in the bonds or other certificates
of indebtedness of anyone ill issuing company; not shall
the aggregate of such investment in anyone ill issuing
company exceed three percent (3%} of the outstanding
bonds or other certificates of indebtedness of that
company.
c. The aggregate investment of fEund assets in the common stock or
capital stock issued by a corporation organized under the laws of
the United States, any state, or organized territory of the United
States or the District of Columbia shall not, at market, exceed
sixty-five percent (65%} of the fund's assets; nor shall more than
five percent (5%} of the fund's assets be invested in common
stock or capital stock of anyone O.ljssuing company; nor shall
the aggregate of such investment in anyone ill issuing company
exceed three percent (3%} of the outstanding common or capital
stock of that company. The Board of Trustees may invest ~
ten percent (10%) of plan assets in foreign securities up to the
limits permitted by Florida Statutes ~ 185 .06(b ).
d. Real Estate, except that the aggregate investment of fEund assets
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in Real Estate may not exceed ten percent (10%} of assets.
3.
Issue drafts upon the Boynton Beach Police Officers Pension Fund
pursuant to this ordinance Articleandrules and regulations prescribed by
the Board of Trustees. All such drafts shall be consecutively numbered
and shall be signed by the Chairman and Secretary of the Board or their
designee and shall state upon their faces the purpose for which the drafts
are drawn. The City Treasurer shall retain such drafts when paid, as
permanent vouchers for disbursements made, and no money shall be
otherwise drawn from the Fund.
4. Convert into cash any securities of the Fund as it may deem advisable,
having regard for the cash requirements of the fund.
5. Keep complete record of all receipts and disbursements and of the
Boards, acts and proceedings.
6. The eBoard of t- Irustees may cause any investment in securities held by
it to be registered in or transferred into its name as trustee or into the
name of such nominee as it may direct but the books and records shall at
all times show that all investments are part of the {fund.
The sole and exclusive administration of, and the responsibilities for, the proper
operation of the retirement fund and for making effective the provisions of this
chapter are vested in the aBoard of tIrustees.
The Board of Trustees shall retain a professionally qualified independent
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consultant who shall evaluate the performance of any existing professional
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money manager and shall make recommendations to the aBoard of t- Irustees
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regarding the selection of money managers, if necessary. The term
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"professionally qualified independent consultant" shall have the meaning as set
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forth in Florida Statutes 9185.06(5)(b), Florida Statutes.
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D.
The Board of Trustees may employ such independent professional, technical or
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other advisers as may be needed to fulfill the Board's responsibilities under this
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~~ension ~~lan. These professionals include but are not limited to: legal
9 counsel, actuary and certified public accountants. If the Board chooses to use
10 the City's legal counsel, actuary or other professional,
11 technical or other advisers, it must do so only under terms and conditions
12 acceptable to the Board.
13 Chapter 185, Fla. Stat., Code 1958, 921-86; Ord. No. 83-11,211,4-19-83; Ord. No. 83-42, 91,
14 12-6-83; Ord. No. 90-28, 91, 9-5-90; Ord. No. 099-20, 92; Ord. No. 02-004; Ord. No. 02-034
15 91.
16 Section 18-168. Membership
17 All police officers who are participants in the Fund as of the effective date of this
18 ordinance shall be members of this retirement system. Each police officer shall be included in
19 this plan on the date of hire. Section 18-169. Requirements for Retirement-Benefit Amounts.
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A.
Normal Retirement
1. Normal Retirement Date. The normal retirement date of each police
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officer shall be the first day of the month coinciding with, or next
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following, the date on which he or she has attained and completed
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twenty (20} years of service or the first day of the month coinciding with
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or next following the date on which he or she has attained age fifty-five
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{55} and completed ten (10) years of service or age fifty (50Land
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completed fifteen (15} years of service. (Ord. No. 81-28, 91,9-15-81;
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Ord. No. 000-18, 94,6-6-00; Ord. No. 02-004 91)
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2.
Normal Retirement Benefit. The normal retirement benefit payable to a
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police officer who retires on or after the normal retirement date shall be
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an amount equal to the number of years of his or her credited service
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multiplied by three and one half percent OJ.%Lof his or her average
11
final compensation. (Code 1958, 921-85, Ord. No. 099-20, 7-20-99)
12
Form of Benefit. A retired police officer's retirement benefit normally
3.
13
shall be payable in the form of a monthly life annuity with 120 monthly
14
payments guaranteed. This form of annuity provides for a retirement
15
benefit payable monthly to the retired employee during their lifetimes
16
with a guarantee that not less than 120 monthly retirement benefits shall
17
be paid, even if the retired employee dies prior to the receipt of 120
18
payments. (Florida Statutes Chapter 185, Ord. No. 000-18, 91,6-6-00)
19
20
21
B.
Early Retirement.
1. Early Retirement Date An employee who has attained age fifty (50Land
22
completed at least ten (10} years of credited service may elect to
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terminate employment and retire on an Early Retirement Date which
may be the first day of any month after ten (10} years of service and
attainment of age fifty (50}.
2.
Early Retirement Benefit. The monthly amount of early retirement
5
benefits payable to a police officer who retires on the Early Retirement
6
date shall be determined in accordance with Sec. 18-169{A} based on
7
credited service to the early retirement date subject to an actuarial
8
reduction of one and one-half percent (1.5%} per year of service to take
9
into account the police officer's younger age and the earlier
commencement of retirement benefits. The early retirement benefit shall
be paid in accordance with 918-169{A}.
Florida Statutes Chapter 185; Ord. No. 02-004 91.
C.
Disability Retirement.
1.
Service Incurred. Any member who receives a medically substantiated service
connected injury, disease or disability which injury, disease or disability totally
and permanently disabled him or her to the extent that in the opinion of the
Board of Trustees, he or she is wholly prevented from rendering useful and
efficient service as a police officer shall receive a monthly benefit equal to sixty-
six and two-thirds percent 66 b2/3% of his basic rate of earnings in effect on the
date of disability. Such benefit shall be payable on the first day of each month,
commencing on the first day of the month following the latter to occur of the
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date on which the disability has existed for three O} months and the date the
bBoard of tIrustees approved the payment of such retirement income. A
disability retiree may select from the optional forms of benefits available to
service retirees in accordance with section 18-170. In the event of recovery
prior to the otherwise normal retirement date, credit for service during the period
of disability shall be granted for purposes of subsequent retirement benefits.
Subsequent retirement benefits will be actuarially reduced to account for the
benefits that were paid during the period of disability. The amount of the
disability benefit payment from the fund shall be reduced by any amounts paid
from worker's compensation and the federal social security system. The
reduction for social security benefits shall be in the amount of the primary
insurance amount (PIA) only, and future increases, if any, in the disabled
member's social security disability benefits shall not serve to reduce any further
the disability benefit from the fund. The reduction for social security shall
terminate upon the attainment of age sixty-five (65). The pension benefit may
only be reduced to the extent that the total of the benefits from this Fund,
workers' compensation and social security benefits exceed one hundred percent
100% of the disabled member's basic rate of earnings on the date of disability.
However, in all cases the benefit will be at least forty-two percent ( 42%} of
average final compensation.
Any condition or impairment of health of a member caused by
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tuberculosis, hypertension, heart disease, hardening of the arteries, hepatitis, or
2
meningococcal meningitis resulting in total or partial disability or death, shall be
3
presumed to be accidental and suffered in the line of duty unless the contrary be
4
shown by competent evidence. Any condition or impairment of health caused
5
directly or proximately by exposure, which exposure occurred in the active
6
performance of duty at some definite time or place without willful negligence on
7
the part of the member, resulting in total or partial disability, shall be presumed
8
to be accidental and suffered in the line of duty, provided that such member
9
shall have successfully passed a physical examination upon entering such
10
service, which physical examination including electrocardiogramfailed to reveal
11
any evidence of such condition. In order to be entitled to presumption in the
12
case of hepatitis, meningococcal meningitis, or tuberculosis, the member must
13
meet the requirements of 9112.181, Florida Statutes. The final decision whether
14
a member meets the requirements for duty disability pension rests with the e
15
Board and shall be based on substantial competent evidence on the record as a
16
whole.
17
2.
Nonservice incurred. Effective October 1, 2000, any member with ten (10)
18
years of continuous service who receives a nonservice incurred injury, illness,
19
disease or disability, and which illness, injury, disease or disability totally and
20
permanently disables him to the extent that, in the opinion of the eBoard of
21
tIrustees, he is wholly prevented from rendering useful and efficient service as a
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police officer, shall receive from the fund in equal monthly installments an
amount equal to three and one half percent (3:.2%) of his average final
compensation for each year of continuous service until death or recovery from
disability whichever shall first occur, provided, however, the maximum benefit
to which a member may become entitled under this paragraph shall not exceed
sixty percent (60%) of his average final compensation during said period, but in
all cases the benefit will be at least twenty-five percent (25%} of average final
compensation during said period. Such benefit shall be payable on the first day
of each month, commencing on the first day of the month following the latter to
occur of the date on which the disability has existed for three (3) months and the
date the bBoard of tIrustees approved the payment of such retirement income.
Medical Board. Whenever it becomes necessary for the board to avail itself of
the services of physicians in the case of an application for disability retirement,
the board shall designate a medical board to be composed of competent medical
authorities and/or specialists, as needed. The medical board shall arrange for
and pass upon the medical examinations required under the provisions of this
section, shall investigate all essential statements or certificates made by or on
behalf of a member in connection with an application for disability retirement
and shall report in writing to the bBoard its conclusions and recommendations
upon all matters referred to it. The payment for such services shall be
determined by the b-Board.
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4.
Return to active duty from disability retirement. In the event a member who has
2
been retired on a pension on account of permanent and total incapacity regains
3
his health and is found by the medical board designated by the bBoard to be in
4
such physical and mental condition as to meet the requirements of the personnel
5
department for service as a police officer of the city, the eBoard shall order his
6
pension discontinued, and he shall be ordered to resume active duty in the city at
7
the same rate of compensation currently in effect for his pay grade. The eBoard
8
shall review periodically, in its discretion, the condition of any member
9
receiving a pension for disability and if there is substantial evidence that the
10
retired member is capable of performing service acceptable to the city as a
11
police officer, he shall be ordered to resume active duty and his pension shall be
12
discontinued.
13
5.
Disability Exclusions. No member shall be granted a disability pension upon a
14
15
16
showing to the satisfaction of the eBoard:
a. That the disability resulted from an intentionally self-inflicted
17
wound, injury or ailment, or
18
b.
That the disability resulted from excessive and habitual use of
19
narcotics, drugs, or intoxicants ( alcoholic beverages);
20
c.
That the disability resulted from an injury or disease
21
sustained by the police officer while willfully and illegally
22
participating in fights, riots, civil insurrections or while
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committing a crime;
d. That the disability resulted from an injury or disease sustained by
the police officer while serving in any armed forces;
e. That the disability resulted from an injury or disease sustained by
the police officer after employment has been terminated; or
f. That, in the case of a duty disability only, the disability resulted
from an injury or disease sustained by the police officer while
working for anyone other than the City and arising out of such
other employment.
6. Further disability provisions. Each member applying for a servIce incurred
disability benefit from this fund shall be required to apply for disability benefits
under social security, and, if applicable, workers' compensation. Furthermore,
each person granted a service incurred disability shall be required to submit to
st
the eBoard , no later than March 1 of each year, a statement showing the
monthly amount of social security (PIA only) and workers' compensation
st
benefits received by him or her as of March 1 . Willful refusal by such persons
to comply with these regulations shall be grounds for the termination of or
nonapproval of disability benefits from this system. However, the b-Board shall
exercise its discretion in each case.
Death benefit.
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If any member shall die prior to retirement or other termination of employment
1.
2
with the city and that death is found by the Board of Trustees to have occurred
3
in the line of duty regardless of the years of service, a death benefit shall be
4
payable to the deceased member s spouse. The benefit shall equal three and one
half percent (3:.2%} of average final compensation for each year of continuous
5
6
service; provided, however, the benefit will be at least thirty percent (30%} of
7
average final compensation. It shall be payable in equal monthly installments
8
commencing the first day of the month following the date of death and ceasing
9
upon the death of the spouse. If there is no spouse, the benefit, if any, will be
10
paid to the deceased participant's estate.
11
2.
If any member with at least ten (10) years of continuous service shall die prior to
12
retirement or other termination of employment with the city, a death benefit
13
shall be payable to the deceased member s spouse. The benefit shall equal three
14
and one half percent O:.2%1-.QLaverage final compensation for each year of
15
continuous service. It shall be payable in equal monthly installments
16
commencing the first day of the month following the date of death and ceasing
17
upon the death or remarriage of the spouse. If there is no spouse, the benefit, if
18
any, will be paid to the deceased participant's estate.
19
(Florida Statutes 9185, Code 1958, 921-87; Ord. No. 78-6, 91,3-7-78; Ord. No.
20
000-18, 92, 6-6-2000; Ord. No. 02-004, 91)
21
3.
If a member dies before being eligible to retire, the heirs, legatees, beneficiaries
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or personal representatives of such deceased member shall be entitled to a
refund of 100% of the contributions made by the member to the Fund, without
interest.
Separation from Service.
1. Effective for terminations on and after October 1, 2002, if a member leaves the
service of the City before accumulating aggregate time of 5 years toward
retirement and before being eligible to retire, such member shall be entitled to a
refund of all of his or her contributions made to the Fund, without interest.
2. If any member who had been in the service of the City for at least ten (10} years
elects to leave his or her accrued contributions in the Fund, such police officer
upon attaining age fifty (50} years or more (without reaching what would have
been twenty years of service had he not terminated his employment) may
receive an early retirement benefit at the actuarial equivalent of the amount of
such retirement income otherwise payable to him or her at early retirement or
upon attaining what would have been normal retirement had he not terminated
his employment, such police officer may receive his or her accrued normal
retirement benefit.
3. Effective for terminations after October 1,2002, if any member who had been in
the service of the City for at least five (5} years elects to leave his or her accrued
contributions in the Fund, such police officer, upon attaining what would have
been normal retirement had he not terminated his or her employment, may
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receive the accrued normal retirement benefit. Fla. Stat. Chapter 185; Ord. No.
02-063, 92.
Monthly Supplemental Benefits.
1. Effective October 1, 2006, any eligible retiree, including DROP participants, or
beneficiary receiving pension benefits is entitled to a monthly supplemental
pension benefit. The benefit pool will be funded by one hundred percent
{l00%} of the annual earnings and ten percent (10%} of the principal created by
the contributions set forth in sub-paragraph ~ 4 below.
a. Such benefit will be funded by a one (1 %) contribution from the
Members and a one (1 %) contribution from the 185 monies. The
Member and the 185 contributions shall be effective October 1,
2001. Employees will contribute to this benefit through twenty
(20) years of service.
b. The distribution provided for in this paragraph shall be divided
among eligible retirees on a pro-rata basis in shares. The shares
shall be determined based upon the sum of an eligible retiree's
years and partial years of credited service (maximum credit is
twenty (20) years) plus the eligible retiree's years and partial
retirement years as of September 30 of the current year
(maximum credit of twenty (20) years). The share value shall be
determined by totaling all ofthe shares of eligible retirees divided
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CODING:
into the current years' total distribution amount. An individual
eligible retiree's distribution shall be equal to the number of the
eligible retiree's shares multiplied by the share value.
c.
This benefit shall be payable annually in a lump sum as of
October 1, of each year, beginning December 1, 2006. The
benefit shall be payable to the eligible retiree, including DROP
participants, or any beneficiary eligible to receive benefits as a
result of the death of a retiree. The benefit shall cease upon the
death of the eligible retiree or beneficiary, whichever is the last
surviving pension recipient.
Beginning October 1, 2003, 100% of the excess money received pursuant to
Chapter 185, Florida Statutes, ("185 money"), each calendar year in excess of
the base amount of $465,087, plus one percent (1 %) of payroll annually to fund
the benefit as provided in paragraph L 4, plus any 185 money held in reserve,
shall be distributed to all current eligible retirees, including DROP participants,
or beneficiaries receiving benefits. These supplemental benefit payments will
be distributed according to the formula set forth in subparagraph LJ.. This
distribution is in addition to the benefit provided for in paragraph 1 which shall
begin October 1, 2006.
a. The distribution provided for in this paragraph shall be divided
among eligible retirees on a pro-rata basis in shares. The shares
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b.
c.
3.
Definitions.
shall be determined based upon the sum of an eligible retiree's
years and partial years of credited service (maximum credit is
twenty (20) years) plus the eligible retiree's years and partial
retirement years as of September 30 of the current year
(maximum credit of twenty (20) years). The share value shall be
determined by totaling all of the shares of eligible retirees divided
into the current years' total distribution amount. An individual
eligible retiree's distribution shall be equal to the number of the
eligible retiree's shares multiplied by the share value.
Allocations for surviving spouses and surviving dependent
children shall be based upon the formula in this paragraph,
adiusted by the percentage of the optional form of benefit
selected.
This benefit shall be payable annually in a lump sum as of June 1
of each year, beginning June 1, 2004. The benefit shall be
payable to the eligible retiree, including DROP participants, or
any beneficiary eligible to receive benefits as a result of the death
of a retiree. The benefit shall cease upon the death of the eligible
retiree or beneficiary, whichever is the last surviving pension
recipient.
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a.
For purposes of this section only. "credited service" means the
number of years and partial years of service originally used by
the pension plan to determine pension benefits. For eligible
retirees who retired on a duty disability retirement. 20 years of
service is credited for this part of the monthly supplemental
benefit calculation at the time that the disability benefit begins.
Non-duty disability retirees shall be credited with actual years of
credited service.
b.
For purposes of this section only. "retirement years" means the
number of years and partial years that a retiree has received a
pension benefit to include the number of years and partial years
as a DROP participant. For eligible retirees who retired on a duty
disability retirement, no retirement years will be accumulated for
this part of the monthly supplemental benefit calculation until
after the member would have attained 20 years of credited
service, had he not retired on a duty disability retirement. Non-
17
duty disability retirees shall be credited with actual years III
18
receipt of a pension benefit.
19
c.
For purposes of this section only. "eligible retirees" means
20
current retirees who were retired as of September 30 of each year,
21
including DROP participants, or beneficiaries receiving benefits.
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The benefit pool shall be divided aceording to the total number of years of
service rendered by all retirees, \vith a cap of 20 years. The shares will be
divided on a pro rata basis on the f-allowing schedule:
20 or more years of service
19 years of service
18 years of service
17 years of service
16 years of service
15 years of service
14 years of service
13 years of service
12 years of service
11 years of service
10 years of service
9 years of service
8 years of service
7 years of service
6 years of service
5 years of service
Duty Disability
Nonduty Disability
Beneficiary
100%
95%
90%
85%
80%
75%
70%
65%
60%
55%
50%
15%
10%
35%
30%
25%
100%
Based on above sohedule
Based on oomber of years
of retiree's service
25
4.
Suoh benefit 'NiB be funded by a 1 ~<. contribution from the Members and a 1 %
26
contribution from the 185 monies. The Member and the 185 contributions shall
27
be effective October 1,2001. Employees 'Hill contribute to this benefit through
28
20 years of service.
29
5.
These benefits shall be payable monthly as a part of the regular monthly pension
30
benefit. The benefit shall be payable to the retiree, including DROP
31
partioipants, or any beneficiary eligible to reoeive benefits as a result of the
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1 death of a retiree. The benefit shall cease upon the death of the retiree or
2 beneficiary, whichever is the last surviving pension recipient.
3 (Ord. No. 02-004, 91; Ord. No. 02-063, 93; Ord. No. 03-065, 92)
4 Section 18-170. Optional Forms of Benefits.
5
A.
Each member entitled to a normal, early or disability retirement benefit shall
6
have the right at any time prior to the date on which the benefit begins to elect to
7
have the benefit payable under any of the options hereinafter set forth in lieu of
8
the amount and form of benefits provided above, and to revoke an such elections
9
and make a new election at any time prior to the actual commencement of
10
payment.
11
B.
The value of optional benefits shall be the actuarial equivalent of the value of
12
benefits otherwise payable. The member shall make an election by written
13
request to the Board, such request being retained in the Board's files. The
14
options available to the members of the Fund are as follows:
15
1.
Life Annuity. The member may elect to receive a benefit payable for the
16
member's life only.
17
2.
Contingent Annuitant (Joint and Survivor Option). The member may
18
elect to receive a benefit during the joint lifetime of the member and a
19
joint pensioner designated by the police officer, and following the death
20
of either of them, 100%, 75%, 66 2/3% or 50% of such monthly benefit
21
payable to the survivor for the lifetime of the survivor.
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3. Survivor Annuity. The member may elect to receive a benefit during the
member's lifetime and then following the death of the member, a
reduced amount to a beneficiary. At the time of retirement, the member
may choose a survivor benefit of 100%, 75%, 66 a2/3% or 50% of the
member's monthly benefit. This amount will be payable to the
beneficiary for the lifetime of the beneficiary.
The member upon electing any option of this section will designate the joint
pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable
under the plan in the event of the member's death, and wiB have the power to
change such designation from time to time but any such change shall be deemed
a new election and wiB be subject to approval by the tt-r.ension aBoard. Such
designation wiB name a joint pensioner or one ill or more primary beneficiaries
where applicable. If a member has elected an option with a joint pensioner or
beneficiary and his or her retirement income benefits have commenced, he or
she may thereafter change the designated joint pensioner or beneficiary but only
if the aBoard of tIrustees consents to such change and if the joint pensioner last
previously designated by the police officer is alive when he or she files with the
aBoard of tIrustees a request for such change. The consent of a member's joint
pensioner or beneficiary to any such change shall not be required. The aBoard
of t- Trustees may request such evidence of the good health of the joint pensioner
that is being removed as it may require and the amount of the retirement income
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payable to the police officer upon the designation of a new joint pensioner shall
2
be actuarially redetermined taking into account the ages and sex of the former
3
joint pensioner, the new joint pensioner, and the member. Each such
4
designation will be made in writing on a form prepared by the aBoard of
5
tIrustees , and on completion will be filed with the aBoard of tIrustees. In the
6
event that no designated beneficiary survives the member, such benefits as are
7
payable in the event of the death of the member subsequent to his or her
8
retirement shall be paid as provided in s. 18-171.
9
D.
Retirement income payments shall be made under the option elected in
10
accordance with the provlSlons of this section and shall be subject to the
11
following limitations:
12
1.
If a member dies prior to his or her normal retirement date or early
13
retirement date, no benefit wiB be payable under the option to any
14
person, but the benefits, if any, will be determined under s. 18 -169 (D}.
15
2.
If the designated beneficiary (or beneficiaries) or joint pensioner dies
l6
before the member's retirement under the plan, the option elected will be
17
canceled automatically and a retirement income of the normal form and
18
amount will be payable to the member upon his or her retirement as if
19
the election had not been made, unless a new election is made in
20
accordance with the provisions of this section or a new beneficiary is
21
designated by the member prior to his or her retirement.
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1 3. If both the member and the designated beneficiary (or beneficiaries) die
2 before the full payment has been effected under any option providing for
3 payments for a period certain and life thereafter, made pl:lrsuant to the
4 pro'lisions of subparagraph (1)(a)3., the aBoard oft-Trustees may, in its
5 discretion, direct that the commuted value of the remaining payments be
6 paid in a lump sum.
7 4. If a member continues beyond his or her normal retirement date and dies
8 prior to actual retirement and while an option made pursuant to the
9 provisions of this section is in effect, monthly retirement income
10 payments will be made, or a retirement benefit will be paid, under the
11 option to a beneficiary (or beneficiaries) designated by the member in
12 the amount or amounts computed as if the police officer had retired
13 under the option on the date on which death occurred.
14 5. A member may not make any change in retirement option after the
15 date of cashing or depositing the first retirement check.
16 Sec. 18-171. Beneficiaries.
17
A.
Each member may, on a form provided for that purpose which was signed and
18
filed with the Board of Trustees, designate a beneficiary (or beneficiaries) to
19
receive the benefit, if any, which may be payable in the event of death; and each
20
designation may be revoked by such member by signing and filing with the
21
Board of Trustees a new designation of beneficiary form.
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B.
If a deceased member officer failed to name a beneficiary in the manner
2 prescribed above in subsection -l---A, or if the beneficiary (or beneficiaries)
3 named by the deceased member predeceases the member, the death benefit, if
4 any, which may be payable under the plan with respect to such deceased police
5 officer may be paid at the discretion of the Board of Trustees to the estate of the
6 deceased member, provided that the b-Board of tIrustees may direct that the
7 commuted value of the remaining monthly income payments be paid in a lump
8 sum. Any payment made to any person pursuant to this section shall operate as
9 a complete discharge of all obligations under the plan with regard to such
10 deceased member and shall not be subject to review by anyone, but shall be
11 final, binding and conclusive on all persons ever interested hereunder.
12 Section l8-172. Buy Back of Service
13
A.
Re-employment. When any former police officer of the city is reemployed, he
14
wiB become a member of the plan upon re-employment as a full time permanent
15
police officer. When a former police officer of the City
16
is re-employed and had withdrawn contributions previously made to the plan, he may
17
reinstate his previous service upon satisfaction of each of the following conditions:
18
1.
The break in city employment is not more than sixty (60} months; and
19
2.
The plan is paid the total amount previously withdrawn (consisting of
20
accumulated member contributions plus any interest previously paid by
21
the plan on those contributions). This total amount is brought forward
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10 B.
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CODING:
with interest for the total number of months from the date of withdrawal
to the date of repayment, calculated to the nearest month. This calculated
amount equals the amount to be repaid to the Plan in a lump sum. The
interest to bring forward the total amount will be at the equivalent
compound monthly rate derived from the earning rate assumed by the
actuary in the most recent actuarial valuation submitted to the Division
of Retirement pursuant to Florida Statutes c Chapter 112, JT-r.art VII,
Florida Statutes. (Ord. No. 96-05, 91, 3-696).
Prior police officer service. Unless otherwise prohibited by law, the years or
fractional parts of years that a police officer previously served as a police officer
with the city during a period of employment and for which accumulated
contributions were withdrawn from the fund, or the years and fractional parts of
years that a police officer served as a police officer for this or any other
municipal, county, or state police department or service in the military shall be
added to the years of credited service provided that:
1. The police officer contributes to the fEund the sum that would have been
contributed, based on the police officer's salary and the employee
contribution rate in effect at the time that the credited service is
requested, had the police officer been a member of this system for the
years or fractional parts of years for which the credit is requested plus
amount actuarially determined such that the crediting of service does not
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result in any cost to the fEund plus payment of costs for all professional
2
services rendered to the aBoard in connection with the purchase of years
3
of credited service.
4
2.
Payment by the police officer of the requirement amount may be made
5
within six @ months of the request for credit and in one illJump sum
6
payment, or the police officer can buy back this time over a period equal
7
to the length of time being purchased or five ill years, whichever is
8
greater, at an interest rate which is equal to the fEund's actuarial
9
assumption. A police officer may request to purchase a maximum of
10
five (5) years of service. No credit shall be given for any service until all
11
years of service which are to be repurchased, have been repurchased.
12
3.
The credit purchased under this section shall count for benefit
13
computation purposes, but not for vesting.
14
4.
In no event, however, may credited service be purchased pursuant to this
15 section for prior service with any other municipal, county or state police
16 department, if such prior service forms or will form the basis of a
17 retirement benefit or pension from another retirement system or plan.
l8 This paragraph does not apply to military service.
19 Section 18-173. Rollovers
20
A.
Direct transfers of eligible rollover distributions.
21
1.
General. This subsection applies to distributions made on or after
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CODING:
January 1, 1993. Notwithstanding any prOVlSlon of the plan to the
contrary that would otherwise limit a distributee's election under this
subsection, a distributee may elect, at the time and in the manner
prescribed by the aBoard of tTrustees, to have any portion of an eligible
rollover distribution paid directly to an eligible retirement plan specified
by the distributee in a direct rollover.
2. Definitions
a. Eligible rollover distribution: An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit
of the distributee, except that an eligible rollover does not include
any distribution that is one ill of a series of substantially equal
periodic payments (not less frequently than annually) made for
the life (or life expectancy) of the distributee or the joint lives (or
joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (lQ} years
or more; any distribution to the extent such distribution is
required under section 401(a)(9) of the Internal Revenue Code;
and the portion of any distribution that is not includable in gross
Income.
b. Eligible retirement plan: An eligible retirement plan is an
individual retirement account described in section 408(a) of the
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CODING:
Internal Revenue Code, an individual retirement annuity
described in section 408(b) of the Internal Revenue Code, an
annuity plan described in section 403(a) of the Internal Revenue
Code, or a qualified trust described in section 401(a) of the
Internal Revenue Code, that accepts the distributee's eligible
rollover distribution. However, in the case of an eligible rollover
distribution to the surviving spouse, an eligible retirement plan is
an individual retirement account or individual retirement annuity.
c. Distributee: A distributee includes an employee or former
employee. In addition, the employee's or former employee's
surviving spouse and the employee's or former employee's spouse
or former spouse who is entitled to payment for alimony and
child support under an income deduction order, are distributees
with regard to the interest of the spouse or former spouse.
d. Direct rollover: A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
Rollovers from qualified plans. A member may roll over all or a part of his or
her interest in another qualified plan to the Fund, provided all of the following
requirements are met:
1. Some or all of the amount distributed from the other plan is rolled over
th
to this plan no later than the 60 day after distribution was made from
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the Plan or, if distributions are made in installments, no later than the
2
th
60 day after the last distribution was made.
3
2.
The amount rolled over to this Fund does not include any amount
4
contributed by the member to the Plan on a post-tax basis. Effective
5
October 1, 2002, a member may rollover amounts contributed on a post-
6
tax basis.
7
3.
The rollover is made in cash.
8
The member certifies that the distribution is eligible for a rollover.
4.
9
Any amount which the trustees accept as a rollover to this Fund shall,
5.
10
along with any earnings allocated to them, be fully vested at all times.
11
A rollover may also be made to this Plan from an individual retirement account
12
qualified under section 408 of the Internal Revenue Code when the individual
13
retirement account was merely used as a conduit for funds from another qualified plan
14
and the rollover is made in accordance with the rules provided in paragraphs 1 - 5.
15
Amounts rolled over may be segregated from other Fund assets. The trustees shall
16
separately account for gains, losses, and administrative expenses of these rollovers. In
17
addition, the Fund may accept the direct transfer of a member's benefits from another
18
qualified retirement plan or to a IRC ~457 deferred compensation plan pursuant to
19
section 457 of the Internal Revenue Code. The Fund shall account for direct transfers in
20
the same manner as a rollover and shall obtain certification from the member that the
21
amounts are eligible for a rollover or direct transfer to this Fund.
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(Ord. No. 90-47, 92, 10-3-90; 93-71, 92,12-7-93; Ord. No.9-58, 91,1-3-95)
2
C.
Transfer of Accumulated Leave
3
1.
Members eligible to receive accumulated sick leave, accumulated
4
vacation leave or any other accumulated leave payable upon retirement.
5
including entry into the DROP. shall separation may elect, not later than
6
st
the December 3l of the calendar year prior to the year of retirem.ent or
7
entry into the DROP, to have the leave transferred to the Plan. For
8
purposes of this section, the term "separation" shall mean termination of
9
service as a police officer with the City. Members on whose behalf leave
10
has been transferred may elect one of the following distribution options
11
within thirty (30) days of separation. Members failing to elect a
12
distribution option within thirty (30) days of separation will be deemed
13
to have elected option (a) below:
14
Receive a lump sum equal to the transferred leave balance; or
a.
15
b.
Transfer the entire amount of the transferred leave balance
16
directly to any eligible retirement plan; or
17
Purchase additional service credit as may be permitted by the
c.
18
Code. If the leave balance exceeds the cost of the service credit
19
purchased, the balance shall be paid to the member in a lump
20
sum; or
21
d.
Transfer the entire amount of the transferred leave balance into
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the member's DROP account; or
2
Maintain the entire leave balance within the Plan. Earnings shall
e.
3
4
5
be paid as follows:
(1) Gains or losses at the same interest rate earned by the
6
Pension Plan; or
7
(2)
A guaranteed rate of seven percent (7%) or
8
(3)
A percentage of the leave balance account wiB be credited
9
with interest gains or losses at the same rate earned by the
10
penSIOn plan and the remaining percentage will be
11
credited with earnmgs at a guaranteed rate of seven
12
percent (7%). The actual percentage shall be selected by
13
the member on a form provided by the Board of Trustees.
14
The total of the two percentages must equal 100%.
15
These accounts will be assessed an administrative fee that is based upon
16
the ratio that the Employee's DROP account bears to the Fund as a
17
whole.
18
2.
st-
Members who fail to elect a transfer not later than the December 31 ef
19
the calendar year prior to the year of retirement or entry into the DROP
20
will receive payment in a lump sum at time of separation with all
21
attendant tax consequenoes.
22
2~. If a member on whose behalf the City makes a transferred leave balance to
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CODING:
the Plan dies after retirement or other separation, but before making an
election, as provided, or after making an election but before any
distribution is made, the election option shall be void. In such an event,
any person who would have received a death benefit had the member
died in service immediately prior to the date of retirement or other
separation, shall be entitled to receive an amount equal to the transferred
leave balance in a lump sum. In the case of a surviving spouse or former
spouse, an election may be made to transfer the leave balance to an
eligible retirement plan in lieu of the lump sum payment. Failure to
make such an election by the surviving spouse or former spouse within
sixty (60) days of the member's death will be deemed an election to
receive a lump sum
payment.
J4. The Board, by rule, shall have the authority to enact administrative rules for
purposes of administering the provisions of this Section, consistent with
the Federal tax laws in effect on the date of transfer. No such rule shall
conflict with the provisions of this section.
LMembers electing to enter into the DROP shall be required to preserve a
balance of one hundred and twenty (120) hours of sick leave and one
hundred and twenty (120) hours of vacation leave at the time of entry
into the DROP.
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1 1e. The value of the leave transferred shall be determined in accordance with
2 applicable city personnel policies or collective bargaining agreements.
3 Section 18-174. Miscellaneous.
4
A.
Pension Validity. The Board of Trustees shall have the power to examine the
5
facts upon which any pension shall have been granted or obtained erroneously,
6
fraudulently, or illegally for any reason. The Board is empowered to purge the
7
pension rolls of any person granted a pension under proper or existing law or
8
granted under this ordinance if the pension is found to be erroneous, fraudulent
9
or illegal for any reason; and to reclassify any pensioner who has under any
10
prior or existing law or who shall hereafter under this ordinance be erroneously,
11
improperly, or illegally classified.
12
B.
False or misleading statements made to obtain retirement benefits prohibited.
13
1.
It is unlawful for a person to willfully and knowingly make, or cause to
14
be made, or to assist, conspire with, or urge another to make, or cause to
15
be made, any false, fraudulent, or misleading oral or written statement or
16
withhold or conceal material information to obtain any benefit under this
17
plan.
18
2.
A person who violates subparagraph 1. commits a misdemeanor
a.
19
of the first degree, punishable as provided in 99775.082 or
20
21
775.083. Florida Statutes.
22
b.
In addition to any applicable criminal penalty, upon conviction
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21
for a violation described in subparagraph 1., a participant or
beneficiary of this plan may, in the discretion of the b-Board of t
Trustees, be required to forfeit the right to receive any or all
benefits to which the person would otherwise be entitled under
this plan. For purposes of this sub-subparagraph, "conviction"
means a determination of guilt that is the result of a plea or trial,
regardless of whether adjudication is withheld.
C. Incompetence. If any member or beneficiary is a minor or is, in the judgment of
the Board, otherwise incapable of personally receiving and giving a valid receipt
for any payment due them from the Fund, the Board may, unless and until
claims have been made by a duly appointed guardian or committee of such
person, make such payment or any part thereof to such person's spouse, children,
parent or other person deemed by the Board to have incurred expenses or
assumed responsibility for the expenses of such person. Any payments so made
shall be a complete discharge of any liability under the system for such payment.
D. Rights and Benefits Not Subject to Legal Process. The rights and benefits
provided for herein are vested rights of participants in the Fund and shall not be
subject to attachment, garnishment, execution or any other legal process. This
section does not apply in the event of an income deduction order for alimony or
child support.
E. Lump Sum Payment of Small Retirement Income. Notwithstanding any
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provision of the Fund to the contrary, if the monthly retirement income payable
2
to any person entitled to benefits hereunder is less than $30.00 or if the single
3
sum value of the accrued retirement income is less than $5,000.00 as of the date
4
of retirement or termination of service, whichever is applicable, the Board of
5
Trustees, in the exercise of its discretion, may specify that the actuarial
6
equivalent of such retirement income be paid in lump sum.
7
F.
Required Distributions
8
1.
In accordance with IRC S ~ection 401(a)(9) of the Internal Revenue
9
Code, all benefits under this plan will be distributed, beginning not later
10
than the required beginning date set forth below, over a period not
11
extending beyond the life expectancy of the member or the life
12
expectancy of the member and a beneficiary.
13
2.
Any and all benefit payments shall begin by the later of:
14
April 1 of the calendar year following the calendar year of the
a.
15
member's retirement date; or
16
b.
April 1 of the calendar year following the calendar year in which
17
18
the member attains age 70Yz.
19
3.
If an employee dies before his entire vested interest has been distributed
20
to him, the remaining portion of such interest will be distributed at least
21
as rapidly as provided for under this fTr.lan.
22
G.
Internal Revenue Code limits.-
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ODING:
1. In no event may a member's annual benefit exceed one hundred and
twenty thousand dollars ($120.000) tadjusted for cost of living in
accordance with Internal Revenue Code (IRC) section 415(d) of the
Internal Revenue Code.
2. If a member has less than ten (10} years of service with the city, the
applicable limitation in paragraph (a) of this subsection shall be reduced
by multiplying such limitation by a fraction, not to exceed one (1). The
numerator of such fraction shall be the number of years, or part thereof,
of service with the city; the denominator shall be ten (10Lyears.
3. For purposes of this subsection, "annual benefit" means a benefit payable
annually in the form of a straight life annuity with no ancillary or
incidental benefits and with no member or rollover contributions. To the
extent that ancillary benefits are provided, the limits set forth in
paragraph (a) above will be reduced actuarially, using an interest rate
assumption equal to the greater of five percent (5%) percent or the rate
being used for actuarial equivalence, to reflect such ancillary benefits.
4. If distribution of retirement benefits begins before age sixty-two ( 62}, the
dollar limitation as described in paragraph (a) shall be reduced using an
interest rate assumption equal to the greater of five percent (5%) percent
or the interest rate used for actuarial equivalence; however, retirement
benefits shall not be reduced below $75,000 if payment of benefits
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1 begins at or after age fifty-five (55} and not below the actuarial
2 equivalent of $75,000.,.00 if payment of benefits begins before age fifty-
3 five (55}. For a member with fifteen (15} or more years of service with
4 the city, the reductions described above shall not reduce such member's
5 benefit below $50,000~adjusted for cost of living in accordance with
6 Internal Revenue Code (IRC) section 415(d) of the Internal Revenue
7 Code, but only for the year in which such adjustment is effective). If
8 retirement benefits begin after age sixty-five (65}, the dollar limitation of
9 paragraph (a) shall be increased actuarially by using an interest
10 assumption equal to the lesser of five percent (5%) percent or the rate
11 used for actuarial equivalence.
12 Section 18-175. Deferred retirement option plan.
13
A.
A deferred retirement option plan ("DROP") is hereby created.
14
B.
Eligibility to participate in the DROP is based upon eligibility for normal service
15
retirement in the Plan. Members shall elect to participate by applying to the
16
Board of Trustees on a form provided for that purpose.
17
C.
Participation in the DROP must be exercised within the first twenty-two (22)
18
years of combined credited service. However, participation in calendar year
19
2000, the first year, will be extended to all members.
20
D.
Except for the extension of participation at inception as provided for in (c)
21
above, a member shall not participate in the DROP beyond the time of attaining
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twenty-five (25) years of service and the total years of participation in the
DROP shall not exceed five (5) years. For example:
1.
Members with twenty (20) years of credited service at time of entry shall
only participate for five (5) years.
2.
Members with twenty-one (21) years of credited service at time of entry
shall only participate for four (4) years.
3.
Members with twenty-two (22) years of credited service at time of entry
shall only participate for three (3) years.
E.
Upon a member's election to participate in the DROP, he or she shall cease to be
a member and is precluded from accruing any additional benefit under the
Pension Fund. For all Fund purposes, the member becomes a retirant. The
amount of credited service and final average salary freeze as of the date of entry
into the DROP. Accumulated, unused sick and vacation leave shall be included
in the compensation calculation; provided however, that a minimum balance of
120 hours of sick leave and 120 hours of vacation leave shall be maintained by
the employee and excluded from this calculation. The retained leave balance,
including any additions, shall be distributed at the conclusion of DROP
participation and separation from service.
F.
Payment shall be made into the employee's DROP account as if the employee
had retired from the employ of the City. The amounts paid will be determined
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In accordance with this Plan and the employee's selection of the payment
2
option. Payments into the DROP will be made monthly over the period the
3
employee participates in the DROP, up to a maximum of sixty (60) months.
4
G.
Effective January 1, 2003, DROP participants have the option to select optional
5
methods to credit investment earnings to their account less any outstanding loan
6
balances. The method may be changed each year effective January 1, however,
7
the method must be elected prior to January 1 on a form provided by the Board
8
of Trustees. The methods are:
9
1.
Gains or losses at the same interest rate earned by the Pension Plan; or
10
2.
A guaranteed rate of seven percent (7.0%L..m:-;
11
3.
A percentage of the DROP account will be credited with interest gains or
12
losses at the same rate earned by the pension plan and the remaining
13
percentage wiB be credited with earnings at a guaranteed rate of seven
14
percent (7.0%}. The actual percentage shall be selected by the member
15
on a form provided by the Board of Trustees. The total of the two ill
16
percentages must equal 100%.
17
Employee's DROP accounts will be assessed an administrative fee that is based
18
upon the ratio that the Employee's DROP account bears to the Fund as a whole.
19
H.
An employee's participation in the DROP shall terminate at the end of five ill
20
years or twenty-five (25} years of service, whichever comes first. Failure to end
21
DROP participation may result in penalties at the discretion of the Trustees, up
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1.
3
4
5
6
7
J.
8
9
to and including forfeiture of the DROP account.
All interest shall be credited to the employee's DROP account less any
outstanding loan balances on a quarterly basis with quarterly statements
provided. In the event that a member dies while in the DROP, interest shall be
pro-rated to the last business day of the month preceding the death of the
member.
Upon termination of employment, participants in the DROP will receive the
balance of the DROP account in accordance with the following rules:
1.
Members may elect to begin to receive payment upon termination of
10
11
employment or defer payment of DROP until the latest day as
provided under sub-subparagraph c.
12
13
14
15
16
17
18
19
20
21
22
CODING:
2. Payments may be made in the following ways:
a. Lump sum - the entire account balance wiB be paid to the retirant
upon approval of the Board of Trustees.
b. Installments - the account balance will be paid out to the retirant
in five (5) equal annual payments paid over five (5) years, the
first payment to be made upon approval of the Board of Trustees.
c. Monthly installments - the account balance will be paid out to the
retirant on a monthly basis until the account balance is paid out
based on actuarial tables provided by the actuary.
3. Any form of payment selected by a police officer must comply with the
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12
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16
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19
20
21
minimum distribution requirements ofthe IRC section 40 1 (A)(9) of the
Internal Revenue Code, and is subject to the requirements of subsection
18-174(F} e.g., payments must commence by age 70Yz.
4.
The beneficiary of the DROP participant who dies before payments from
DROP begin shall have the same right to select payment options as the
participant in accordance with this subsection. A DROP participant may
designate a beneficiary to receive the DROP balance in the event of the
participant's death prior to payout of the full DROP balance.
K.
No payments will be made from DROP until the employee actually separates
from service with the City.
L.
If an employee shall die during participation in the DROP, a survivor benefit
shall be payable in accordance with the form of benefit chosen at the time of
entry into the DROP.
M.
Upon commencement of participation in the DROP, the member shall no longer
be eligible for disability retirement from the pension plan.
N.
Loans from the DROP.
1.
Availability of Loans
a.
Loans are available to members only after termination of
employment. provided the member had participated in the DROP
for a period of 12 months.
b.
Loans may only be made from a member's own account.
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c. There may be no more than one loan at a time.
2. Amount of Loan
a. Loans may be made up to a maximum of 50 percent of account
balance.
b. The maximum dollar amount of a loan is $50.000.00. reduced by
the highest outstanding loan balance during the last 12 months.
c. The minimum loan is $5.000.00.
3. Limitations on loans shall be made from the amounts paid into the
DROP and the earnings thereon.
4. Term of Loan.
a. The loan must be for at least 1 year.
b. The loan shall be no longer than 5 years.
5. Loan Interest Rate
a. The Interest Rate shall be fixed at time the loan is originated for
the entire term of loan.
b. The Interest Rate shall be equal to the prime rate published by an
established local bank on the last day of each calendar quarter
preceding the date of loan application.
6. Defaults on Loans.
a. Loans shall be in default if two consecutive months'
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repayments are missed or if a total of four months' repayments are missed.
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b.
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Upon default. the entire balance becomes due and payable
immediately.
c.
If a loan in default is not repaid in full immediately. the loan may
be canceled and the outstanding balance treated as a distribution.
which may be taxable.
d.
Upon default of a loan. a member will not be eligible for
additional loans.
Miscellaneous provisions.
a.
All loans must be evidenced by a written loan agreement signed
by the member and the Board of Trustees. The agreement shall
contain a promissory note.
b.
A member's spouse must consent in writing to the loan. The
consent shall acknowledge the effect ofthe loan on the member's
account balance.
c.
Loans shall be considered a general asset of the Fund.
d.
Loans shall be subiect to administrative fees to be set by the
Board of Trustees.
e.
Outstanding loan balances shall not be credited with earnings or
losses. As the outstanding balance is repaid with interest.
earnings and losses shall be applied to the payments and interest
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1 as provided for in Section 18-175 1.
2 Section 18-176. Termination of plan and distribution of Fund.
3 Upon termination of the JT-r.lan by the municipality for any reason, or because of a
4 transfer, merger, or consolidation of governmental units, services, or functions as provided in e
5 iChapter +2.l-;--112. Florida Statutes or upon written notice to the aBoard of tIrustees by the
6 municipality that contributions under the fTr.lan are being permanently discontinued, the rights
7 of all employees to benefits accrued to the date of such termination or discontinuance and the
8 amounts credited to the employees' accounts are nonforfeitable. The f..--.Eund shall be
9 apportioned and distributed in accordance with the following
10 procedures:
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A.
The aBoard of tIrustees shall determine the date of distribution and the asset
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value to be distributed, after taking into account the expenses of such
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distribution.
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B.
The aBoard of tIrustees shall determine the method of distribution of the asset
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value, that is, whether distribution shall be by payment in cash, by the
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maintenance of another or substituted trust fund, by the purchase of insured
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annuities, or otherwise, for each member entitled to benefits under the plan, as
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specified in subsection (C).
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c.
The aBoard of tIrustees shall apportion the asset value as of the date of
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termination in the manner set forth in this subsection, on the basis that the
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amount required to provide any given retirement income shall mean the
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actuarially computed single-sum value of such retirement income, except that if
the method of distribution determined under subsection (B) involves the
purchase of an insured annuity, the amount required to provide the given
retirement income shall mean the single premium payable for such annuity.
1. Apportionment shall first be made in respect of each retired member
receiving a retirement income hereunder on such date, each person
receiving a retirement income on such date on account of a retired (but
since deceased) member, and each police officer who has, by such date,
become eligible for normal retirement but has not yet retired, in the
amount required to provide such retirement income, provided that, if
such asset value is less than the aggregate of such amounts, such
amounts shall be proportionately reduced so that the aggregate of such
reduced amounts will be equal to such asset value.
2. If there is any asset value remaining after the apportionment under
paragraph (1), apportionment shall next be made in respect of each
member in the service of the municipality on such date who has
completed at least ten (10} years of credited service, in the Fund for at
least ten (10Lyears, and who is not entitled to an apportionment under
paragraph (a), in the amount required to provide the actuarial equivalent
of the accrued normal retirement income, based on the police officer's
credited service and earnings to such date, and each former participant
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then entitled to a benefit who has not by such date reached his or her
normal retirement date, in the amount required to provide the actuarial
equivalent of the accrued normal retirement income to which he or she is
entitled, provided that, if such remaining asset value is less than the
aggregate of the amounts apportioned hereunder, such latter amounts
shall be proportionately reduced so that the aggregate of such reduced
amounts wiB be equal to such remaining asset value.
3. If there is an asset value after the apportionments under paragraphs (a)
and (b), apportionment shall lastly be made in respect of each member in
the service of the municipality on such date who is not entitled to an
apportionment under paragraphs (a) and (b) in the amount equal to the
member's total contributions to the p-r.lan to date of termination,
provided that, if such remaining asset value is less than the aggregate of
the amounts apportioned hereunder, such latter amounts shall be
proportionately reduced so that the aggregate of such reduced amounts
wiB be equal to such remaining asset value.
4. In the event that there is asset value remammg after the full
apportionment specified in paragraphs (a), (b), and (c), such excess shall
be returned to the municipality, less return to the state of the state's
contributions, provided that, if the excess is less than the total
contributions made by the municipality and the state to date of
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termination of the fTr.lan, such excess shall be divided proportionately to
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the total contributions made by the municipality and the state.
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The aBoard of tIrustees shall distribute, in accordance with the manner of
D.
4 distributiondeterminedundersubsection(B), the amounts apportioned under
5 subsection (C). If, after a period of twenty-four (24} months after the date on
6 which the JT-r.lan terminated or the date on which the board received written
7 notice that the contributions thereunder were being permanently discontinued,
8 the municipality or the aBoard of tIrustees of the municipal police officers'
9 retirement trust fund affected has not complied with all the provisions in this
10 section, the division shall effect the termination of the fund in accordance with
11 this section.
12 Section 18-177. Cost of Living Adjustment
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Subject to the conditions set forth in this section, the b-Board of tIrustees shall
A.
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annually authorize a cost of living adjustment, the amount of which shall be
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determined as of each September 30th. The amount of the cost of living
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adjustment shall be equal to the actuarial present value of future pension
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payments to current pensioners multiplied by the positive difference, if any,
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between the rate of investment return and eight and one half percent (8Q%). The
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actuary shall determine whether there may be a cost of living adjustment based
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on the following factors:
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1.
The actuary for the rr.ension fEund shall determine the rate of
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investment return on the fTr.ension f-Eund assets during the twelve
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(12) month period ending each September 30th. The rate determined
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shall be the rate reported in the most recent actuarial report submitted
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pursuant to fTr.art VII of e--Chapter 112, Florida Statutes.
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2.
The actuary for the ~r.ension fEund shall, as of September 30, determine
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the actuarial present value of future pension payments to current
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pensioners. The actuarial present values shall be calculated using an
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interest rate of eight and one half (8.5) percent (8%) a year compounded
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annually, and a mortality table approved by the aBoard of tIrustees and
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as used in the most recent actuarial report submitted pursuant to ~r.art
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VII of e-Chapter 112, Florida Statutes. This will be the pool of funds
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available to fund the cost of living adjustment.
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3.
If the actuary determines there may be a cost of living adjustment, the
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aBoard of tIrustees shall authorize such a distribution unless the
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administrative expenses of distribution exceed the amount available for
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the distribution.
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4.
The cost ofliving adjustment shall be funded only if the present value of
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the pool of funds does not exceed the net actuarial experience
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accumulated from all sources of gains and losses.
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B.
Cost of living adjustments will be made to pensioners, including DROP
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members, and beneficiaries, who are referred to as eligible persons.
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c.
The cost of living adjustment shall be allocated among eligible persons based
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upon the participant's years of service in the proportion that the participant's
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years of service bear to the aggregate amount of years of service of all eligible
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persons. Allocations for beneficiaries wiB be in proportion that the beneficiary
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benefit bears to the retiree benefit. Maximum service credits shall be twenty (20)
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years. Minimum allocations for duty disability pensioners shall be based on
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13 .33 years of service.
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D.
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The cost ofliving adjustment shall be made as of July 1,2001 and each July 1
9 thereafter. Each eligible person shall be paid his or her allocated portion from
10 the preceding September 30th. Eligible persons must be retired for one (1) year
11 from September 30 to receive a cost of living adjustment. A pensioner's estate is
12 entitled to a pro-rata share of the deceased retirant's cost of living adjustment
13 based on a number of months that the deceased retirant received a pension
14 during the year ending the September 30th prior to the retirant's death.
15 Section 3. It is the intention of the City Commission of the City of Boynton Beach that
16 the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
17 the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-
18 lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word
19 or phrase in order to accomplish such intention.
20 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
21 conflict herewith be and the same are hereby repealed to the extent of such conflict.
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1 Section 5. If any clause, section, or other part or application of this Ordinance shall be
2 held by any court of competent jurisdiction to be unconstitutional or invalid, such
3 unconstitutional or invalid part or application shall be considered as eliminated and so not
4 effecting the validity of the remaining portions or applications remaining in full force and
5 effect.
6 Section 6. This Ordinance shall become effective upon passage when the following
7 have occurred:
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(a)
the City Commission has received and has accepted a report establishing the
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actuarial soundness of these amendments;
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(b)
when a collective bargaining agreement ratifying the foregoing changes to
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pension benefits has been ratified by the City Commission and the Police
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Pension Board of Trustees or their successor organization; and
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(c) a coPy of this Ordinance is transmitted to the State of Florida Division of
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Retirement.
Upon satisfaction of all of the above requirements. then in that event. the terms and
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provisions of this Ordinance shall become effective.
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FIRST READING this Ie day of A plt.L c..... , 2006.
SECOND, FINAL READING AND PASSAGE this ~ day of June.. 2006.
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