O80-51ORDINANCE NO. ~ ~ ~!
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
SECTIONS 21-33, 21-40, 21-41, 21-47, and
21-49 OF CHAPTER 21 (PENSIONS) OF THE
CODIFIED ORDINANCES OF THE CITY OF BOYNTON
BEACH, FLORIDA, TO CHANGE THE CITY'S
RETIREMENT PLAN TO PE~M'IT DELAYED RETIRE-
MENT; PROVIDING DEFINITIONS FOR CREDITABLE
SERVICE AND NOP~AL RETIREMENT; PROVIDING
FOR THE 'CALCULATION OF EMPLOYEE CONTRIBUTIONS
ANDDEDUCTIONS FROM PAY~ PROVID%NG AN EF-
FECTIVE DATE AND FOR OTHER PURPOSES~
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Article I. That Chapter 21 tensions) of the Codified
Ordinances of the City of Boynton Beach, Florida~ is hereby amended
by amending the following sections and paragraphs of said Chapter:
Section 1. Section 21-49 of said Chapter 21 is amended
to read as follows:
Delayed Retirement.
An employee who does not desire to retire on his normal
retirement day may delay retirement.
Provided that any employee who reaches 70 years of age that
does not desire to retire must make written application to the City
Clerk or City Manager for retention in a regular or part-time employment
subsequent to his 70th birthday showing that the same is in the best
interests of the City by reason of his special knowledge, relative
efficiency, difficulty of replacement, or other similar or extra-
ordinary factors~.~ Upon the recommendation of the City Manager and
approval of the City Council, the employee shall be retained by the
City for a period not to eXceed one year following the date of his
normal retirement° Nevertheless, similar additional applications
for renewal or retention in employment may be made~
In the event of delayed retirement of an employee he shall
be entitled to and shall be paid an annuity payable monthly begin-
ning with the month of actual retirement and continuing until
death. The amount of such annuity shall be equal to the amount of
annuity he could have received had he retired at his normal retire-
ment date except that any employee whO had postponed retirement and
elected to continue to make contribution after his normal retirement
date as provided in Section 21-41 shall be entitled to a benefit
commencing at his delayed retirement, date based upon final average
compensation and credited service as of his delayed retirement date.
Section 2. Section 21-40 of said Chapter 21 is amended
to read as follows:
Employee Contributions.
Subject to the limitations imposed in Section 2!-41 em-
ployees who are members of the plan shall contribute three (3)
percent of the first five hundred fifty dollars ($550~00) of
monthly earnings plus six (6) percent of monthly earnings in excess
of five hundred fifty dollars ($550~00). (Example 1: An employee
earning five hundred ($500.00)per month will contribute three (13)
percent of five hundred dollars ($500.00)~ or fifteen dollars
($15.00) to the fund for that month. Example 2: An employee earning
seven hundred fifty dollars ($750.00) per month will contribute
three (3) percent of five hundred fifty dollars (k$550~00)~ plus six
(6) per cent of two hundred dollars' ($200.00), or twenty-eight
dollars and fifty cents ($28.50) to the fund for that month,)
Section 3. Section 21-41 of said Chapter 21 is amended
to read as follows:
Deduct Contributions From Pay.
The director of finance shall cause contributions provided
for in Section 21-40 of this article to be deducted from the com-
pensation of each member on each and every payroll for each and
every payroll except that members who attain normal retirement
date on or after January 1, 1979 shall not be required to make
contributions after they attain normal retirement date if they
continue in the employ of the City beyond such date° An employee
who delays retirement as provided in Section 21-49_ may elect to
continue to have contributions-deducted during such period of
continued employment. The election to continue contributions
may be made at normal retirement date only. A member's contribution
provided for herein shall be made notwithstanding that the minimum
compensation provided by law for any member shall be changed thereby~
Each member shall be deemed to consent and agree to the deduction
made and provided for herein and payment of his compensation less
said deduction shall be full and complete discharge of' all claims
and demands whatsoever for the service rendered by said member
during the period covered by such payment, except as to the benefits
provided by this plan. The director of~finance shall cause the
amount to be deducted from the compensation of each member for
each and every payroll as authorized by this article and when
deducte~ shall be paid into the fund of the plan and shall be'
credited to the individual member from whose compensation said
deduction was made.
SectiOn 4. Section 21-33 of said Chapter 21 is amended
to read as follows:
Creditable Service.
Creditable service for the purpose of calculating benefits
for general employees shall consist of the member's service rendered
by the employee since he last became a member, plus past service,
rendered continuously since the employee's last date of employment
as defined in Section 21-34 to the date of his separation from
service by reason of death, disability, termination of employment
or retirement but not beyond, the employee's normal retirement date
as described in Section 21-47 if such date falls on or after January
1, 1979, except that an employee who delays retirement and who
elects to continue to contribute after normal retirement date as
provided in Section 21-41 shall receive creditable service after
normal retirement date up to the date of delayed retirement.
Section 5. Paragraph 3 of Subsection C of Section 21-47
of said Chapter 21 is amended to read as follows:
Normal Retirement.
Paragraph 3 of Subsection C of this Section is amended
to read as follows:
(3) Final average monthly c~mpensation.for the purposes
of this. section shall mean the monthly average of the employee's
earnings during the highest sixty (60) calendar months occuring in
the one hundred and twenty (120) calendar months immediately
preceding his normal retirement date if such date falls on or
after January 1, 1979 and based upon compensation immediately
preceding actual retirement date if normal retirement date preceded
January 1, 1979, or he elected to continue to contribute after normal~
retirement date as provided in Section 21-41. Earnings as used in
the above sentence shall mean gross earnings received by the employee
as compensation for service to the City including overtime pay and
sick pay paid in the lump sum at termination or retirement but
excluding bonuses.
Article II. Ail Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Article III. Should any section or provision of this
Ordinance, or any portion thereof, be declared by a Court of
compentent jurisdiction to be invalid, such decision shall not
effect the remainder of this Ordinance,
Article IV. This Ordinance shall become effective
immediately upon its passage.
FIRST READING this _ day of , 1980.
SECOND, FINAL READING and PASSAGE this __/~ day of _~ ,
1980.
COP~ORATE SEAL
CITY OF BOYNTON BEACH~ FLORIDA
Mayor
Court,ii Member'
ATTEST:
Cit~Clerk