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O90-47ORDINANCE NO. 90-6~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,. FLORIDA, AMENDING CHAPTER 18, DIVISION 2, SECTION 18-76 AND ADDING A NEW SECTION 18-172 TO PROVIDE FOR A TWELVE MONTH TIME LIMITATION FOR ELECTING NOT TO PARTICIPATE IN THE PENSION PLAN FOR POLICE AS A CONDITION OF ELIGIBILITY FOR THE GENERAL EMPLOYEES PENSION PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ~ Florida Statute 185.15 provides that any ii person who enters the employment of any incorporated imunicipality as a police officer shall have twelve months i from date of employment to opt out of the Police Pension i iFund'; and WHEREAS, Section 18-76 of the Code of Ordinances makes reference to opt out of the Police Pension Fund as a condition of eligibility for participation in the Employees Pension Fund but fails to specifically define the opt out )eriod; and WHEREAS, the City Commission deems it in the best interests of the members of the City's Pension Plans to conform the language of the Code to the provisions of State law and to the current administrative application of the applicable code provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 18, Article II, Division 2, Section 18-76 of the Code of Ordinances is amended to read as follows: 18-76. Policemen who do not become members of the pension plan for policemen in Boynton Beach when first eligible, or who elect not to participate in the pension plan for policemen at s~me-~utu~e-date~ within twelve (12) months after emplo~nnent will become members of the General Employees' Pension Plan of the City of Boynton Beach on the first day of the month following, or coinciding with, the date of their election not to participate in, or to terminate from, the pension plan for policemen, provided they qualify under section 18-75 as full-time permanent general employees. Section 2. Chapter 18, Article III is amended to add a new Section 172 which shall read: Section 18-172. Any person who enters the employment of the City as a police officer and who does not desire to participate in the police officer's pension fund shall, within twelve (12) months after employment notify the Police Pension Board to that effect. Such individual shall then be eligible to participate in the General Employees' Pension Plan. Section 3. That all ordinances or parts of ordinances · n conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Drdinance. Authority is hereby granted Section 6. This ordinance immediately upon passage. to codify said 1990. shall become effective FIRST READING this /,~ day of -==~--~;~_/;~z~f. , SECOND, FINAL READING and PASSAGE this ~ day of 1990. ATTEST: : (Corporate Seal) CITY/~TON BEACH, FLORIDA vice Mayor Commissioner ~ - Co%~nissioner Commissioner