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04-053 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE 04- 05 ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AUTHORIZE AN ANNUAL CHANGE IN THE INVESTMENT OPTION SELECTED BY A DROP PARTICIPANT IN THE GENERAL EMPLOYEES' PENSION PLAN BY SPECIFICALLY AMENDING {}18-127 OF THE CITY'S CODE OF ORDINANCES; FURTHER AMENDING {}18- 127 TO PROVIDE AN ADDITIONAL ALTERNATIVE INVESTMENT OPTION FOR DROP FUNDS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AN EFFECTIVE DATE. AND PROVIDING WHEREAS, the Board of Trustees ("Board") for the General Employees' Pension Plan (the "Plan") of the City of Boynton Beach recommends amending the provisions of the Deferred Retirement Option Plan to afford a DROP participant the opportunity to change investment options on an annual basis; and WHEREAS, the City Commission has reviewed the recommendations of the Board and finds the amendments to the Plan proposed by the Board as provided herein to be in the best interests of the Plan members and the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. CODING: Words in stdge-sh~va~ type are deletion from existing law; Words in underscored type are additions. Page 1 of 4 JFK: 5-19-2003 [ 1-23-2004 S:\CA\OrdinancesXPension\General Employees Pension - DROP investment option.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section2. Chapter 18, Article II, Division 4, {}18-127 of the Code of Ordinances of the City of Boynton Beach, Florida, entitled "Deferred Retirement Option Plan," is hereby amended to read as follows: § 18-127 Deferred Retirement Option Plan. (f) An employee's account in the DROP program shall earn interest in one (1) of three (3) ways. The selection of the earnings program shall be ~,..., ....... .,,~,.,.~'~ ~..,.,~"'" o..,~..~u"u ~.~w made prior to the first deposit in the DROP account and may be modified once each year by the participant during their participation in the DROP. The investment method may be changed each year effective January lst, however, the method must be elected prior to January 1st on a form provided by the Board of Trustees. The options are: (1) Gain or lose interest at the same rate as the Plan; or (2) At an annual fixed rate of seven percent (7%); or o~.,..,..~,..°~'~*~' ,...,,..~ ,~.~,.,~ ~,..~,~°"~-a A percentage of the DROP account will be credited with interest gains or losses at the same rate earned by the pension plan and the remaining percentage will be credited with earnings at a guaranteed rate of seven percent (7%). The actual percentage shall be selected by the member on a form provided by the Board of Trustees. The total of the two (2) percentages must equal 100%. The participant's DROP accounts will be assessed an administrative fee that is based upon the ratio that the participant's DROP account bears to the Funs as a whole. Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this CODING: Words in s~ihe-t4m~gh type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 JFK: 5-19-2003 I 1-23-2004 S:\CA\OrdinancesXPension\General Employees Pension - DROP investment option.doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall occurred: a) a collective bargaining b) c) become effective when the following has agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization; the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; and a copy of this ordinance has been forwarded to the State of Florida Division of Retirement. Upon satisfaction of this requirement, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING this __ day of CODING: ,2004. Words in ~ type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 JFK: 5~19-2003 { 1-23-2004 S:\CA\OrdinancesLPension\General Employees Pension - DROP investment option.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 SE.,COND, FINAL READING and ,2004. CITY ~ FLORIDA ATTEST: (CORPORATE SEAL) Vice PASSAGE this ~3 day of OF BOYNTON BEACH, CODING: Words in ~a'4k~0mmgh type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 JFK: 5-19-2003 I 1-23-2004 S:\CA\OrdinancesXPension\General Employees Pension - DROP investment option.doc