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06-079 II ORDINANCE 06- 079 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND SECTION 18-111, ENTITLED "NORMAL RETIREMENT," TO CLARIFY THE INTENT WITH RESPECT TO ISSUANCE OF A SUPPLEMENTAL BENEFIT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 18,2002, the City Commission adopted Ordinance No. 02-026 providing a supplemental benefit for the participants ofthe General Employees' Pension Plan (the "Plan") in lieu of providing a cost of living increase to the retirees each year; and WHEREAS, the intent of the supplemental benefit was to provide a supplemental benefit, or 13th Check, to the retirees of the Plan in any year in which the net investment rate ofretum exceeds the assumed rate ofretum for the Plan; and WHEREAS, the supplemental benefit must comport to the regulations of Part VII of Chapter 112, Florida Statutes, which provides that the present value of any additional benefit may not exceed the net actuarial experience accumulated from all sources of gains and losses; and WHEREAS, pursuant to this requirement, the determination of when a supplement benefit payment will issue is an actuarial determination, as opposed to a financial determination; and Page I of5 JFK: 8-1-200618-22-06 S:\CA \Ordinances\Pension\General Employees Pension _ 13th check amendment rev .doc II WHEREAS, Plan participants mistakenly assumed that a supplemental check would issue in any year that the Plan realizes greater than an 8% retum on investment without regard to total performance; and WHEREAS, it is the desire of the City Commission to amend the Plan, as recommended by the Board, to clarify this matter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article II, Division 4, Section 18-111 of the City Code of Ordinance of the City of Boynton Beach, entitled "Normal Retirement", as follows: Section 18-111. Normal Retirement. (e) Commencing October I, 2001, in lieu of receiving a cost of living increase retirees may be eligible to receive a supplemental pension distribution payable by the following July I st, the amount of which shall be determined as of September 30th of each year. The amount of the distribution is equal to the amount the net investment return exceeds the assumed rate of investment return divided equally among all participants whose benefit was in pay status as of the previous October I st. The amount of the distribution shall be the same for all eligible retired members regardless of years of service, age, years retired or amount of monthly benefit. In no event shall the supplemental benefit exceed the average monthly benefit of those retirees receiving a monthly benefit calculated as of the previous October I st. Page 2 of5 JFK: 8-1-200618-22-06 S:\CA \Ordinances\Pension\General Employees Pension - 13th check amendment rev ,doc II (1) The actuary for the Pension Fund shall determine the rate of investment return earned on the Pension Fund assets during the twelve (12) month period ending each September 30th and shall be the rate reported in the most recent actuarial report. (2) The actuary for the Pension Fund shall, as of September 30th, determine the actuarial present value of future pension payments to current retirees. (3) The supplemental benefit shall not be paid in any year that the net iw:estmeHt retHffl eees net eJ(eeee tHe assHmee rate of investment retHffi. present value of such benefits does not exceed the net actuarial experience accumulated from all sources of gains and losses since this benefit was enacted. (4) If there shall be a supplemental distribution, the Board of Trustees shall authorize a supplemental pension distribution, unless the administrative expenses of distribution exceed the amount available for distribution. (5) The eligible persons to receive a supplemental distribution are retirees, including participants in the DROP, and their beneficiaries. (6) For members who participate in the DROP as provided in ~18- 127 of the Plan, the supplemental pension distribution, if distributed, shall be deposited in the member's DROP account during their term of participation in the DROP. 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 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. Page 3 of5 JFK: 8-1-200618-22-06 S:\CA\Ordinances\Pension\General Employees Pension - 13th check amendment rev .doc II 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 become effective when the following have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness ofthese amendments; (b) when a collective bargaining 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; and (c) a copy of this Ordinance is transmitted to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. Page 4 of5 JFK: 8-1-200618-22-06 S:\CA \Ordinances\Pension\General Employees Pension - 13th check amendment rev .doc II FIRST READING this -.tL day of Se (lTE.MBER. , 2006. SECOND, FINAL READING and PASSAGE this I' day of Oc.7bBER. , 2006. CITY OF BOYNTON BEACH, FLORIDA ~~!Alr" l"2x~YT 6r .. ....... ( </ p "-"''''''''.'' ~~:::1,,~!:;-::~~~~o,' .....~._~ '. -, '\ / .YiceMi{Yor Carl ~.7 ~f Commi. . [2- / ATTEST: .~ c:: Commissioner - A-.- Page 5 of5 JFK: 8-1-200618-22_06 S:\CA \Ordinances\Pension\General Employees Pension, 13th check amendment rev .doc