08-019
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1 I ORDINANCE 08- Ol't
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4 I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 PROVIDING FOR THE CITY'S P ARTICIP A TION IN THE FLORIDA
6 RETIREMENT SYSTEM PENSION PLAN FOR THE CITY'S
7 ELECTED OFFICIALS; CREA TING A NEW ARTICLE X OF
8 CHAPTER 18 OF THE CITY CODE OF ORDINANCES, ENTITLED
9 "PENSION PLAN FOR ELECTED OFFICIALS," BY CREATING A
10 NEW ~18-240, ENTITLED "CREATION AND MAINTENANCE OF
11 PENSION BENEFITS;" AUTHORIZING THE APPROPRIATE CITY
12 OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE
13 THE INTENT OF THIS ORDINANCE; PROVIDING FOR
14 CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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18 WHEREAS, the City of Boynton Beach ("City") currently offers no retirement benefits to
19 its elected officials; and
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21 WHEREAS, the City desires to provide the Florida Retirement System retirement benefit
22 to the City's elected officials; and
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24 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby finds
25 that authorizing participation in the Florida Retirement System for its elected officials is in the best
26 interest of the citizens and residents of the City of Boynton Beach.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA THAT:
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31 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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33 SECTION 2. The City Commission of the City of Boynton Beach, Florida hereby
34 declares it to be the policy and purpose of the City of Boynton Beach that its elected officials,
35 except those excluded by law, shall participate in the Florida Retirement System as authorized by
36 Chapter 121, Florida Statutes, and that the benefits of the Florida Retirement System shall be
37 xtended to such elected officials on the basis of applicable State laws and amendments thereto,
38 including all applicable rules and regulations.
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40 SECTION 3. The City Commission hereby creates a new Article X of Chapter 18 of the
41 ity Code of Ordinances, entitled "Pension Plan for Elected Officials," and further creates a new
42 , 18-240, entitled "Creation and Maintenance of Pension Benefits," as follows:
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':\CA \Ordinances\Pension Plan for Elected Officlals.doc
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1 CHAPTER 18 - PENSIONS AND RETIREMENT
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3 ARTICLE X - PENSION PLAN FOR ELECTED OFFICIALS
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5 Section 18-240. Creation and maintenance of pension benefits.
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7 A pension and retirement system for elected officials of the City is hereby
8 established to provide retirement benefits by participating in the Florida Retirement
9 System as provided in Chapter 121 , Florida Statutes, and that the benefits to the Florida
10 Retirement System shall be extended to such elected officials pursuant to the rules,
11 regulations and provisions of the Florida Retirement System, the applicable state laws and
12 amendments thereto.
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14 I Eligible elected officials may purchase past service retro-active to the first day of
15 the first year of election. The cost of the purchase of past service shall be paid by the City.
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17 SECTION 3. The City Manager is hereby authorized and directed to execute all
18 necessary agreements and amendments thereto with the Administrator of the Florida Retirement
19 System for the purpose of extending the benefits provided by the Florida Retirement System to the
20 elected officials of the City of Boynton Beach which agreement shall provide for such methods of
21 administration of the plan by the City of Boynton Beach as are found by the Administrator of the
22 Florida Retirement System to be necessary and proper, and shall be effective with respect to any
23 employment or service covered by such agreement for services performed on or after the 3d/,
24 day of 1i;,tl,'",;L. ~.
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26 SECTION 4. The City of Boynton Beach shall make any and all necessary arrangement
27 to withhold from the salaries, wages or other compensation of the City's elected officials for the
28 urpose provided herein and shall be made in the amounts and at such times as may be required by
29 applicable state laws or regulations, and shall be paid over to the Administrator of the Florida
30 etirement System designated by said laws or regulations to receive such amounts at the times and
31 . n the manner provided by law and regulation.
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33 SECTION 5. It is further directed that there shall be appropriated from available funds
34 erived from the City of Boynton Beach such amounts and at such times as may be required to
35 ay promptly the contributions and assessments required of the City of Boynton Beach, Florida, as
36 mployer, by applicable State laws or regulations, which shall be paid over to the lawfully
37 esignated Administrator of the Florida Retirement System.
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39 SECTION 6. The City of Boynton Beach, Florida shall keep such records and make such
40 eports as may be required by applicable State laws or regulations, and shall adhere to all laws and
41 egulations relating to the Florida Retirement System.
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43 SECTION 7. The City of Boynton Beach, Florida, does hereby adopt the terms,
44 onditions, requirements, reservations, benefits, privileges, and other conditions thereunto
45 ppertaining, of the Florida Retirement System, for and on behalf of all elected officials to be
46 overed under the agreement.
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1 i SECTION 8. The City Manager, or his or her designee, is hereby designated as the
2 custodian of all sums withheld from the compensation of the employees and officials as authorized
3 herein and of the appropriated funds for the employer's contributions as provided herein, and
4 further designated the withholding and reporting agent and charged with the duty of maintaining
5 records for the purpose of this ordinance.
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7 SECTION 9. Codification of this Ordinance is hereby authorized and directed.
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9 SECTION 10. All ordinances or parts of ordinances in conflict herewith be, and
10 the same are, hereby repealed to the extent of such conflict.
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12 SECTION 11. If any clause, section, other part or application of this ordinance is
13 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
14 it shall not affect the validity of the remaining portions or applications of this ordinance.
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16 SECTION 12. This Ordinance shall become effective immediately upon adoption.
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18 FIRST READING, this ~day of J u It, 2008.
19 SECOND, FINAL READING AND P ASSA E, this i 5 day of ~, 2008.
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36 ~> 'irLP~:tL~.t(
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38 ane M. Prainito, CMC
39 Clerk
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