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O00-13ORDINANCE NO. O 00-/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, ARTICLE IV, PENSIONS FOR FIREFIGHTERS; CREATING A NEW SECTION 18-222 ENTITLED "DEFERRED RETIREMENT OPTION PLAN"; PROVIDING FOR CONFLICTS, SEVERABILI-FY, CODIFICATION AND AN EFFECTIVE DATE, WHEREAS, the City Commission of the City of Boynton, desires to amend Chapter 18 of the code of Ordinances of the City to provide for a Deferred Retirement Option Plan for Firefighters; NOW, THEREFORE, BE I'T ORDAINED BY THE C'rTY COMM'rSSI'ON OF THE CITY OF BOYNTON BEACH, FLOR/DA, THAT: Section 1. That Chapter 18, Article IV, Pensions for Firefighters, Section 18- · ~9_2 entitled "Deferred Retirement Option Plan" is hereby created to read as follows: 18-122. Deferred Retirement Option Plan (a) A deferred retirement option plan ("DROP'~) is hereby created. (b) Eligibility to participate in the DROP is based upon eligibility for normal service retirement in the Plan. (c) Participation in the DROP must be exercised within the first thirty (30) years of employment; provided, however, that participation in the DROP, when combined with participation in the retirement plan as an active member may not exceed thirty (30) years. The maximum period of participation in the DROP is five (5) years. An employee's election to participate in the DROP plan shall be irrevocable and shall be made by executing a resignation notice on a form prescribed by the City. (d) (e) (t') (g) (h) Upon exercising the right to participate in the DROP, an employee's creditable service, accrued benefits and compensation calculation shall be frozen and shall utilize the average of the five (5) highest of the ten (10) years immediately preceding participation in the DROP as the compensation basis. Accumulated, unused sick and vacation leave shall be included in the compensation calculation; provided, however, that a minimum balance of 120 hours of sick leave and 120 hours of vacation leave shall be maintained by the employee and excluded from this calculation. The retained leave balance, including any additions, shall be distributed at the conclusion of DROP participation and separation from service. Payment shall be made into the employee's DROP account as if the employee had terminated employment in the City in an amount determined by the employee's selection of the payment Option. An empl°Yee's account in the DROP program shall earn interest in one of three ways. The selection of the earnings program shall be irrevocable and shall be made prior to the first deposit in the DROP account. 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, (3) In a self-directed account utilizing mutual funds selected by the Board. An employee shall terminate service with the City at the conclusion of five (5) years in the DROP. All interest shall be credited to the employee's DROP account on the last day of the month in which the (i) (J) (k) (m) member separates from service. Tn the event that a member dies while in the DROP interest shall be pro- rated to the last business day of the month preceding the death of the member. Upon termination with the City, an employee may receive payment within forty-five (45) days of the member requesting payment or may defer payment until a time not later than the latest date authorized by Section 401(a)(9) of the Internal Revenue Code at the option of the member. Payments from the DROP may be received as a lump sum installment payment or annuity, provided, however, that at all times, the DROP shall be subject to the provisions of the Tnternal Revenue Service. No payment may be made from the DROP until the employee actually separates from service with the c ty. Tf an employee shall die during participation in the DROP, a survivor benefit shall be payable in accordance with the form of benefit chosen at the time of entry into the DROP. Upon commencement of participation in the DROP, the member shall no longer be eligible for disability retirement from the pension plan. Tf a member becomes disabled during the DROP period, the member shall be treated as if he/she retired on the day prior to the date of disability. Section 2. Each and every other Section of Chapter 18, not herein specifically amended, shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in 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 iuriSdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Section 6. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. FIRST READING this SECONDf FINAL /~,~,~' ,2000. ATTEST: day of April, 2000. READING AND PASSAGE this ~ day of C['I'Y OF/~OYNTON i~F_,~.gZ~l, FLORIDA Vice Mayor Mayor Pro Tern