08-009
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1 ORDINANCE NO. 08-00q
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING ARTICLE IV OF CHAPTER 18
5 OF THE BOYNTON BEACH CODE OF ORDINANCES
6 ENTITLED PENSIONS FOR FIREFIGHTERS, MORE
7 SPECIFICALL Y SECTION 18-190 OF THE BOYNTON
8 BEACH CITY CODE PROVIDING FOR PURCHASE OF
9 NOT MORE THAN FIVE (5) YEARS OF PERMISSIVE
10 SERVICE CREDIT TO BE CALCULATED AS AN
11 ENHANCED MUL TIPLIER; PERMITTING PAYMENT
12 BY INSTALLMENT OVER A PERIOD NOT TO EXCEED
13 FIVE (5) YEARS; REPEALING ANY ORDINANCE IN
14 CONFLICT; PROVIDING A CONFLICTS CLAUSE; AND
15 AN EFFECTIVE DATE.
16
17 WHEREAS, the City of Boynton Beach Florida, presently has a retirement plan and
18 trust fund for firefighters; and
19 WHEREAS, the City of Boynton Beach, Florida, wishes to recognize the valuable
20 service of its firefighters who have been members of the United States Armed Forces or who
21 have served as firefighters in other jurisdictions and who have served the citizens of Boynton
22 Beach for the necessary time to earn a normal retirement; and
23 WHEREAS, past service and military buyback is authorized under Section 175.032(4),
24 Florida Statutes; and
25 WHEREAS, many recently hired firefighters are unable to afford the cost of purchasing
26 prior firefighter or prior military service and the Board of Trustees of the Firefighters Pension
27 Trust Fund proposes to create a new buyback option; and
28 WHEREAS, the Board of Trustees of the Firefighters Pension Trust Fund has
29 recommended the passage of this Ordinance; and
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1 WHEREAS, the City Council finds that the passage of this Ordinance is in the interest
2 of the firefighters and the citizens of the City of Boynton Beach
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA:
5 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true
6 and correct and are incorporated herein by this reference.
7
8 Section 2. Section 8-190 - Purchase of Military/Fire Service CreditlPermissive
9 Service Credit is hereby amended:
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11 Upon entry into the Plan, members shall be permitted to purchase up to an additional
12 five (5) years of credited service based upon (i) service as a full-time firefighter
13 employed by a city, county, state, federal or other public agency or (ii) military service
14 in the Armed Forces of the United States. Temporary, auxiliary, reserve, volunteer or
15 private agency service shall not apply. Members who do not have any prior firefighter
16 service or military service shall be permitted to purchase up to five (5) years of
17 permissive service credit. as permitted by the Pension Protection Act of 2006. For each
18 year purchased. benefits shall be calculated based on an enhanced multiplier of an
19 additional three percent (3.0) per year. resulting in a total multiplier of six percent
20 (6.0%) for each year purchased. Service credit purchased under the provisions of this
21 section shall not count for vesting purposes. Prior service shall not be granted until the
22 member has paid to the Pension Fund the actuarial cost of the service purchased, as
23 determined by the actuary for the Plan. Members purchasing service credit shall provide
24 the Board of Trustees with proof of prior service with honorable separation. No service
25 credit may be purchased if the member is receiving or will receive any other retirement
26 benefit based on this service. The Board shall establish a uniform rule for the
27 implementation of this provision.
28
29 The contribution by the member of the actuarially determined cost of the buyback may
30 be made in one lump sum or may be made by payroll deductions in installments for a
31 period not to exceed five (5) years of time 'which shall not m(ceed the number of years
32 being purchased. A member electing to make installment payments shall be charged
33 interest based on the actuarially assumed rate of return for the Plan. A member making
34 installment payments shall complete all required payments prior to payment of any
35 benefit under this section.
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11 A member who terminates service prior to vesting in the Plan shall be entitled to a
2 refund, without interest, of all money paid to buyback prior military or fire service.
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5 Section 3. That all Ordinances or parts of Ordinances in conflict herewith be and
6 the same are hereby repealed.
7 Section 4. Should any section or provision of this Ordinance or portion hereof, any
8 paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid,
9 such decision shall not affect the remainder of this Ordinance.
10 Section 5. Authority is hereby granted to codifY this Ordinance.
11 Section 6. This Ordinance shall become effective when all of the following have
12 occurred:
13 (a) the City Commission has received and has accepted a report
14 establishing the actuarial soundness of these amendments; and
15
16 (b) the amendments have been sent to the State of Florida Division of
17 Retirement; and
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19 (c) when a collective bargaining agreement ratifYing the foregoing
20 changes to pension benefits has been ratified by the City
21 Commission and the Boynton Beach Fire Fighters and
22 Paramedics, IAFF, Local 1891 of the International Association of
23 Fire Fighters, AFL-CIO, CLC, or its successor organization.
24
25 ApA.\L-
26 FIRST READING THIS 1'5" DAY OF ,2008.
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2 SECOND, FINAL READING and PASSAGE THIS ~ DAY OFM AY ,
3 2008
4 CITY OF BOYNTON BEACH, FLORIDA
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14 ~ROnIDdWe~
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17 :MSioner ~ Woodrow L. flay
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19 t j"'~
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20 Commissioner - Marlene Ross
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22 ATTEST:
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32 (Corporate Seal)
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