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10-028 II 1 ORDINANCE 10- t7.:<J' 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ARTICLE II, OF CHAPTER 18 OF THE BOYNTON 5 BEACH CODE OF ORDINANCES, ENTITLED "EMPLOYEES' 6 PENSION PLAN;" AMENDING SECTION 18-55 DEFINITIONS BY 7 AMENDING THE DEFINITION OF ACTUARIAL EQUIVALENT; 8 I ADDING A NEW DEFINITION OF :CODEC AMENDING SECTION 9 18-56 ESTABLISHMENT OF SYSTEM; AMENDING SECTION 18-60 10 TERMINATION OF PLAN; AMENDING SECTION 18-61 CITY 11 CONTRIBUTION IRRECOVERABLE; AMENDING SECTION 18-79 12 TERMINATION OF MEMBERSHIP; AMENDING SECTION 18-81 13 MILITARY AND RELATED SERVICE; AMENDING SECTION 18-94 14 EMPLOYEE CONTRIBUTIONS REQUIRED; AMENDING SECTION 18- 15 96 RETURN OF ACCUMULATED EMPLOYEE CONTRIBUTIONS; 16 AMENDING SECTION 18-111 NORMAL RETIREMENT; AMENDING 17 SECTION 18-128 ELECTIVE BENEFITS; AMENDING SECTION 18-152 18 SMALL ANNUITIES; LUMP SUM PA YMENTS; AMENDING SECTION 19 18-154 QUALIFIED PENSION FUND; ADDING A NEW SECTION 18- 20 155 FORFEITURE OF RETIREMENT BENEFITS; PROVIDING FOR 21 CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR 22 SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. 23 WHEREAS, the Board of Trustees of the Employees' Pension Plan of the City of 24 Boynton Beach ("Plan") applied for an Internal Revenue Service ("IRS") determination letter 25 and simultaneously requested a compliance statement under the IRS's Voluntary Correction 26 Program; and 27 WHEREAS, the IRS issued the compliance statement letter on June 28, 2010; and 28 WHEREAS, the compliance statement is conditioned on the passage of this 29 amendment providing for amendments to the Plan complying with the Tax Reform Act of 1986 30 ("TRA '86"), Unemployment Compensation Amendments of 1992 ("UCS"), the Omnibus 31 Budget Reconciliation Act of 1993 ("OBRA '93 "), the Uruguay Round Agreements Act; the 32 Uniformed Services Employment and Retirement Rights Act of 1994; the Small Business Job Page 1 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II I Protection Act of 1996; the Taxpayer Relief Act of 1997; the Internal Revenue Service 2 Restructuring and Reform Act of 1998; the Community Renewal Tax Relief Act of 2000, and 3 the Economic Growth and Tax Relief Reconciliation Act of2001 ("EGTRRA"); and 4 WHEREAS, the City Commission and the Trustees of the Plan desire to meet the 5 conditions of the IRS compliance statement whereby the Trustees recommend and the City 6 Commission adopts the foregoing revisions to the Plan to accomplish this objective; 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true 10 and correct and are incorporated herein by this reference. 11 Section 2. Section 18-55 of Article II of Chapter 18 of the Boynton Beach Code of 12 Ordinances is hereby amended by changing the definition of "Actuarial Equivalent" and 13 adding a new definition of "Code" as follows: 14 Sec. 18-55. Definitions. 15 The following words and phrases, as used in this article, unless a 16 different meaning is plainly required by the context, shall have the following 17 meanings, and the same and similar terms when used in connection with any 18 civil service system or any other ordinance of the city shall not necessarily apply 19 to the members of the retirement system hereby created except when specifically 20 adopted: 21 * * * 22 Actuarial equivalent. A benefit of equal value or equal cost when 23 computed on the basis of such interest rates, mortality, and other actuarial tables 24 I as are in effect under the plan based upon IJtL. RP2000 Mortality table and a 25 7% rate of interest. For Plan Years bee:innine: after December 31,2002 for 26 purposes of Code Section 415(b). the mortality table is the table used under 27 Code Section 417(e) as prescribed by the Secretary of the Treasury in Rev. 28 RuI. 2001-62. Page 2 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II 1 * * * 2 Code. The Internal Revenue Code of 1986. as amended. 3 Section 3. Sec. 18-56 of Article II of Chapter 18 of the Boynton Beach Code of 4 Ordinances is hereby amended as follows: 5 Sec. 18-56. Establishment of system. 6 A pension and retirement system for full-time permanent employees in 7 the service of the city is hereby established to provide retirement benefits as 8 provided by this article. It shall be known as the Employees' Pension Plan of the 9 City of Boynton Beach, Florida. This System is intended to be a tax Qualified 10 plan under Code Section 40 l( a) and meet the requirements of a 11 e:overnmental plan as defined in Code Section 414(d). 12 Section 4. Sec. 18-60 of Article II of Chapter 18 of the Boynton Beach Code of 13 Ordinances is hereby amended as follows: 14 Sec. 18-60. Termination of plan. 15 In the event the plan is terminated, the board of trustees shall cause the 16 assets of the plan to be valued as of the date of termination. U pon termination 17 of the plan. all of the members are 100% vested in their accrued benefit. 18 Such assets shall be allocated to active employees first to the extent of their 19 individual contributions to the plan. Any assets in excess of employee 20 contributions shall then be allocated to retired employees in the proportion that 21 such assets bear to the actuarial value of the benefit which the retired employees 22 are receiving. If after such allocation, any assets then remain, such additional 23 assets shall be allocated to active employees in the ratio that the liability for 24 benefits accrued by such employee which is in excess of their individual 25 contribution bears to the aggregate liability for all such employees. 26 Section 5. Sec. 18-61 of Article II of Chapter 18 of the Boynton Beach Code of 27 Ordinances is hereby amended as follows: 28 Sec. 18-61. City contribution irrecoverable. 29 It shall be impossible for any contributions made by the city under this 30 plan to be used for or diverted to purposes other than the exclusive benefit of the 31 members and their beneficiaries; except that if after all liabilities of the plan 32 have been paid, any balance shall remain in the trust fund due to erroneous Page 3 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II ; 1 actuarial computations, such balance may be returned to the city. Additionallv. 2 contributions made due to a e:ood faith mistake of fact may be returned to 3 the city. 4 Section 6. Sec. 18-79 of Article II of Chapter 18 of the Boynton Beach Code of 5 Ordinances is hereby amended as follows: 6 Sec. 18-79. Termination of membership. 7 (a) Should any member separate from the service of the city for any 8 reason except his retirement, death or termination after having completed five 9 (5) years of credited service or after total and permanent disability he shall 10 thereupon cease to be a member of the plan and his credited service at that time 11 shall be forfeited by him except as provided by section 18-117 of this article. 12 (b) 1\ member of the plan viho transfers to employment at the City of 13 DelTa)' Beuch at the South Central Regional Wastewater Treatment und Disposal 14 Facility and subsequently becomes a member of the City of Delray Beach 15 pension plan shall not be considered to have terminated service with the city for 16 the purpose of determining whether or not he has completed five (5) or more 17 years of service ooless and until such member either withdrmys his contribution 18 under this plan as described in section 18 17 but for the purpose of determining 19 the amount of annuity described in section 18 111 or 18 111 such service after 20 transfer shall not be counted. 21 I !!ll No distributions under this section shall be made until after 22 the member separates from employment. 23 Section 7. Sec. 18-81 of Article II of Chapter 18 of the Boynton Beach Code of 24 Ordinances is hereby amended as follows: 25 Sec. 18-81. Military and related service. 26 W When any member is inducted or enlists into any of the Armed 27 Forces of the United States, or enlists in any reserve component, enlists in the 28 United States Coast Guard, or in any other reserve component, or enters upon 29 active duty in the Armed Forces of the United States, the United States Coast 30 Guard, or the United States Public Health Service in response to an order or call 31 to active duty, and is subsequently reemployed by the city as a full-time 32 permanent general city employee under such circumstances that he thereby 33 becomes entitled to return to work for the city within the time that 34 reemployment rights are granted to him by law, he shall again become a member 35 of the plan and shall be given service credit for the credited service he had Page 4 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II 1 accumulated before entering military or related service and shall agam 2 accumulate additional credited service commencing with the date of his 3 reemployment by the city. If approved by the board such member may also be 4 granted service credit for the period of time spent in military or related service. 5 !!ll Effective December 12, 1994. the member will at all time:. be 6 entitled to the rie:hts e:ranted by the Internal Revenue Code Section 414(u). 7 includine:: 8 ill The member will not have break in service as a result 9 of the military service. 10 ill The rie:ht to purchase such service under the 11 provisions of ~414(u)(8). 12 ltl Effective January 1,2007, members who die or become disabled 13 while serving on active duty military service which intervene s the member's 14 employment shall be entitled to the rights of this section even though such 15 member was not re-employed by the City. Members who die or become 16 disabled while on active duty military service shall be treated as though re- 17 employed the day before the Member became disabled or died, was credited 18 with the service they would have been entitled to under this section, and then 19 either died a non-duty death while employed or became disabled from a non- 20 duty disability. 21 Section 8. Section 18-94 of Article II of Chapter 18 of the Boynton Beach Code of 22 Ordinances is hereby amended as follows: 23 Sec. 18-94. Employee contributions required. 24 Subject to the limitations imposed in section 18-95, employees who are 25 members of the plan shall contribute i} ,7% of monthly earnings to 26 the fund for that month. Pursuant to Code section 414(h)(2), the City shall 27 pick up the member contributions reQ uired by this section. The 28 contributions so picked up shall be treated as employer contributions in 29 determinine: tax treatment under the Code. The City shall pick up the 30 member contributions from funds established and available for salaries. 31 which funds would otherwise have been desie:nated as member 32 contributions and paid to the Fund. Member contributions picked up by 33 the City pursuant to this subsection shall be treated for purposes of makine: 34 a refund of members' contributions. and for all other purposes of this and 35 other laws. in the same manner and to the same extent as member 36 contributions made prior to the effective date of this section. Page 5 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II 1 Section 9. Section 18-96 of Article II of Chapter 18 of the Boynton Beach Code of 2 Ordinances is hereby amended as follows: 3 Sec. 18-96. Return of accumulated employee contributions. 4 (a) Should any member cease to be an employee of the city for any 5 reason except his retirement, disability or death, he shall be paid all of his 6 accumulated contributions standing to his credit in the fund, as he shall demand 7 on forms furnished by the city commission in accordance with section 18-117. 8 (b) Except as otherwise provided in this plan, upon the death of a 9 member, his accumulated contributions standing to his credit in the pension 10 fund, at the time of his death, shall be paid to such person or persons as he shall 11 nominate by written designation duly executed and filed with the city 12 commission. If there shall be no such designated person or persons surviving the 13 said member, his said accumulated contributions shall be paid to his estate. 14 I W No distributions under this section shall be made until after 15 the member separates from employment. 16 Section 10. Section 18-111 of Article II of Chapter 18 of the Boynton Beach Code of 17 Ordinances is hereby amended by changing subsection (d)(5) and adding a new subsection (f) 18 as follows: 19 Sec. 18-111. Normal retirement. 20 * * * 21 (d) In the event of normal retirement, the retiring employee shall be 22 entitled to and shall be paid an annuity payable monthly beginning with the 23 month of retirement and continuing until death. The amount of annuity to which 24 the retiring employee will be entitled will be calculated as follows: 25 * * * 26 (5) Elective Benefits. The City may, from time to time, offer 27 elective benefits to employees, which benefits would be funded solely by 28 I employees contributions and would not result in any additional cost to 29 the City. These benefits are provided for in section 18-128 of the 30 Plan. 31 I * * * Page 6 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II , I, j I 1 ill An employee's rie:ht to his or her normal retirement benefit is 2 non-forfeitable upon attainment of normal retirement ae:e. 3 Section 11. Section 18-128( a) of Article II of Chapter 18 of the Boynton Beach Code 4 of Ordinances is hereby amended as follows: 5 Sec. 18-128. Elective benefits. 6 (a) Effective February 16, 2010, members will no longer be able to 7 enroll in elective benefits. Elective benefits were offered to the members of this 8 plan and were voluntary elections, the costs of which are borne entirely by the 9 member through payroll deductions during their employment with the city. Such 10 deductions are taxable dollars at the time the deduction is made. Members who 11 were enrolled in elective benefits as of the passage of this Ordinance may 12 continue to participate in these benefits or elect to cancel participation. The 13 employee contributions used to purchase such elective benefits shall be 14 accounted for separately and are non-forfeitable. 15 * * * 16 Section 12. Section 18-152 of Article II of Chapter 18 of the Boynton Beach Code of 17 Ordinances is hereby amended as follows: 18 Sec. 18-152. Small annuities; lump sum payments. 19 (!l Whenever any retirement annuities shall be less than ten dollars 20 ($10.00) per month, the Board may elect to have payments made quarterly. If 21 the annuity payable at quarterly intervals shall be less than ten dollars ($10.00), 22 the Board may elect to pay the commuted value of the same, calculated at 23 I regular interest, in one lump sum. Such election shall be made within six 24 months after the member's retirement unless he consents in writing to a 25 subsequent election by the Board under this section. 26 I (!!1 In the event of a mandatory distribution pursuant to 27 subsection (a) :';)n excess of $1,000 and the member does not elect to receive 28 the distribution directly then the Board shall make a transfer to an 29 individual retirement plan of the Board's choosiDl~ and shall notify the 30 member in writine: of such transfer. 31 Section 13. Section 18-154 of Article II of Chapter 18 of the Boynton Beach Code of 32 Ordinances is hereby amended as follows: 33 I Sec. 18-154. Qualified pension fund. Page 7 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. --.~~ -, ---,. ,~~- ~~ ---...-.---.- I' 1 (a) The city intends the pension fund to be a qualified plan under 2 Section 401 of the Internal Revenue Code, as amended, and that the trust be an 3 exempt organization under Section 501 of the Internal Revenue Code. The 4 Board of Trustees shall administer the pension fund so as to fulfill this intent. S (b) Other provisions of this article notwithstanding, the Board of 6 Trustees shall at all times administer the retirement system in compliance \.yith 7 the provisions of Section 115 of the Internal Revenue Code which are applicable 8 to public employee retirement plans. In determining maximum benefits under 9 Section 115, 'compensation" shall have the meaning given such term by Section 10 1l5(c)(3). In the event that a member belongs or belonged to a defined 11 contribution plan sponsored by the city, the benefits payable l:I1lder this section 12 shall be reduced if necessary to comply with Section 1l5( e ), if applicable. 13 (c) Notwithstanding any provision in this article to the contrary, the 14 distribution of benefits shall be in accordance ,tVith the following requirements 15 and otherwise comply with Code Section 10l(a)(9) and the regulations 16 thereunder (including Regulation 1.101(a)(9)(2)) the provisions of which are 17 incorporated nerein by reference: 18 (1) .^1 member's benefit shall be distributed to him or her not later 19 than .^1pril 1 of the calendar year following the later of (i) the calendar 20 year in which the member attains age 70 1/2 or (ii) the calendar year in 21 \vhieh the member retires. .'\ltemately, distributions to a member must I 22 begin no later than the applicable .^1pril 1 as determined under the 23 preceding sentence and must be made over the life of the member (or the 24 lives of the member and the member's designated beneficiary) or the life 25 expectancy of the member (or the life expectancies of the member and 26 his or her designated beneficiary) in accordance with the regulations. 27 (2) Distributions to a member and his or her beneficiaries 28 shall only be made in accordance with the incidental death benefit 29 requirements of Code Section 10l(l)(9)(G) and the regulations 30 thereunder. 31 Dll 415(b) Internal Revenue Code Limits .1 32 ill Basic Limitations. Notwithstandine: anvthine: to the 33 contrary in this Plan. the provisions of Section 415 and its 34 ree:ulations are hereby incorDorated bv reference into this Dlan. 35 Subiect to the adiustments in Code Section 415. the maximum 36 amount of the actual annual retirement income paid in any year I 37 with resDect to a ParticiDant under this Plan attributable to 38 employer provided benefits shall not exceed the dollar amount 39 allowable for any calendar year {lursuant to ~415(b) of the Code. as 40 adiusted in such calendar year for increases in the cost of livine: in 41 accordance with Ree:ulations issued bv the Secretary of the Treasurv 42 under ~415(d) of the Code. For purposes of applvine: the basic Page 8 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. 1/ 1 limitation. benefits payable in any form other than a straie:ht life 2 annuity with no ancillary benefits shall be adiusted. as provided by 3 Treasury Ree:ulations. so that such benefits are the Actuarial 4 Equivalent of a straie:ht life annuity. For purposes of this subsection 5 Article. the followine: benefits shall not be taken into account: 6 !A1 Any ancillary benefit which is not directly 7 related to retirement income benefits; 8 !ill Any other benefit not required under 9 &415(b)(2) of the Code and Treasury Ree:ulations thereunder 10 to be taken into account for purposes of the limitation of 11 &415(b)(1) of the Code. 12 I ill For purposes of applyine: the limitations of Code 13 Section 415(b), compensation includes those items as set forth in 14 Ree:. 1.415-2(d). This definition specifically includes the creditine: of 15 compensation while absent from service for military duty; such 16 creditine: shall to exceed the compensation that would have been 17 credited under the System if System services had continued. 18 I W Should the Code Section 414(h)(2) Member contributions or 19 the elective contributions made in accordance with Plan Section 18-128 be 20 in excess of the required contribution, then such contributions shall be 21 disbursed as a corrective disbursement pursuant to the requirements of 22 Code Ree:. &1.415-6(b)(6)(iv). This provision applies to limitation years 23 prior to July 1.2007. 24 I @ For distributions after December 31, 2002 for purposes of 25 Code Section 415(b). the mortality table is the table used under Code 26 Section 417(e) as prescribed by the Secretary of the Treasury in Rev. 27 Ruline: 2001-62. 28 1& 401(a)(9) Required Distributions 29 ill Effective for distributions after December 31. 1996. in 30 accordance with IRC Section 401(a)(9), incJudine: the minimum 31 distribution incidental benefit requirements of section 1.401(a)(9)-2 32 and includine: the incidental death benefit of Code Section 33 401(a)(9)(G). all benefits under this plan will be distributed. 34 bee:innine: not later than the required bee:innine: date set forth below. 35 over a period not extendine: beyond the life expectancy of the 36 member or the life expectancy of the member and a beneficiary. 37 I ill Any and all benefit payments shall bee:in by the later 38 of: 39 I A. April 1 of the calendar year followiDl!: the 40 calendar vear of the member's retirement date; or Page 9 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II 1 B. April 1 of the calendar year followine: the 2 calendar year in which the member attains ae:e 70 Y2. 3 ill If an employee dies before his entire vested interest 4 has been distributed to him. the remainine: portion of such interest 5 will be distributed at least as rapidly as provided for under this plan 6 and will comply with the incidental death benefit under Code 7 Section 401(a)(9)(G). 8 ~ Notwithstandine: any provisions of this Plan to the 9 contrary . all distributions under this Plan will be made in 10 accordance with this section. Code Section 401(a)(9) and the 11 ree:ulations thereunder (Ree:. Sections 1.401(a)(9)-2 throue:h 12 1.401(a)(9)-9). effective bee:innine: January 1.2003. 13 ill 401(a)(31) Rollovers 14 ill Direct transfers of elie:ible rollover distributions. 15 A. General. This subsection applies to 16 distributions made on or after January 1. 1993. 17 Notwithstandine: any provision of the plan to the contrary 18 that would otherwise limit a distributee's election under this 19 subsection. a distributee may elect. at the time and in the 20 manner prescribed by the board of trustees, to have any 21 portion of an elie:ible rollover distribution paid directly to an 22 elie:ible retirement plan specified by the distributee in a direct 23 rollover. 24 ill Definitions. 25 A. "Elie:ible rollover distribution" is any 26 distribution of all or any portion of the balance to the credit 27 of the distributee or an alternate payee under a court order 28 that complies with IRC Section 414(p)(2). except that an 29 elie:ible rollover does not include any distribution that is one 30 of a series of substantially equal periodic payments (not less 31 frequently than annually) made for the life (or life 32 expectancy) of the distributee or the ioint lives (or ioint life 33 expectancies ) of the distributee and the distributee's 34 desie:nated beneficiary, or for a specified period of 10 years or 35 more; any distribution to the extent such distribution is 36 required under section 401(a)(9) of the Code, excludine: 37 hardship distributions. For purposes of a direct rollover. a 38 portion of a distribution shall not fail to be an elie:ible 39 rollover distribution merely because the portion consists of 40 after-tax employee contributions which are not includible in 41 e:ross income. However. such portion may be paid only to an 42 individual retirement account or annuity described in Code Page 10 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II I 1 Section 408(a) or (b) of the Code, or to a Qualified defined 2 contribution plan described in 401(a) or 403(a) of the Code 3 that ae:rees to separately account for amounts so transferred. 4 includine: separately accountine: for the portion of such 5 distribution which is includible in e:ross income and the 6 portion of such distribution which is not so includible. 7 B. "Elie:ible retirement plan" is an individual 8 retirement account described in section 408(a) of the Code. an 9 individual retirement annuity described in section 408(b) of 10 the Code. a Qualified trust. an annuity plan described in 11 section 403(a) of the Code, an elie:ible deferred compensation 12 plan described in ~457(b) which is maintained by elie:ible 13 employer described in ~457(e)(1)(A) of the Code or an 14 annuity contract described in 403(b) of the Code. that 15 accepts the distributee's elie:ible rollover distribution and 16 ae:rees to separately account for amounts contributed into 17 such plan from this plan. 18 I C. "Distributee" includes an employee or former 19 employee. In addition. the employee's or former employee's 20 survivine: spouse and the employee's or former employee's 21 spouse or former spouse who is entitled to payment under a 22 domestic relations order determined to be Qualified by 23 414(p)(2) of the Code and this Fund are distributees with 24 ree:ard to the interest of the spouse or former spouse. 25 I D. "Direct rollover" is a payment by the Plan to 26 the elie:ible retirement plan specified by the distributee. 27 Section 14. A new Section 18-155 of Article II of Chapter 18 of the Boynton Beach 28 Code of Ordinances is hereby added as follows: 29 Sec. 18-155. Forfeiture of Retirement Benefits 30 W Notwithstandine: any provisions of the Plan to the contrary. 31 any public officer or employee who is convicted of a specified offense 32 committed prior to retirement. or whose office or employment is 33 terminated by reason of his or her admitted commission. aid. or abetment 34 of a specified offense. shall forfeit all rie:hts and benefits under this Plan, 35 except for the return of his or her accumulated contributions as of the date 36 of termination. 37 I !!ll DEFINITIONS.--As used in this section, unless the context 38 othenvise requires, the term: Page 11 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II I 1 ill. "Conviction" and "convicted" mean an adjudication 2 of e:uilt by a court of competent iurisdiction; a plea of e:uiltv or of 3 nolo contendere; a jUry verdict of e:uiIty when adjudication of e:uiJt is 4 withheld and the accused is placed on probation; or a conviction by 5 the Senate of an impeachable offense. 6 ill. "Court" means any state or federal court of 7 competent jurisdiction which is exercisine: its jurisdiction to consider 8 a proceedine: involvine: the aIlee:ed commission of a specified offense. 9 I ill.. "Public officer or employee" means an officer or 10 employee of any public body. political subdivision. or public 11 instrumentality within the state. 12 ffi "Specified offense" means: 13 A. The committine:. aidine:. or abettine: of an 14 embezzlement of public funds; 15 I B. The committine:, aidine:. or abettine: of any theft 16 by a public officer or employee from his or her employer; 17 I c. Briberv in connection with the employment of a 18 public officer or employee; 19 I D. Any felony specified in chapter 838. except ss. 20 838.15 and 838.16; 21 E. The committine: of an impeachable offense; 22 F. The committin2: of any felony by a public 23 officer or employee who. willfully and with intent to defraud 24 the public or the public ae:ency for which the public officer or 25 employee acts or in which he or she is employed of the rie:ht 26 to receive the faithful performance of his or her duty as a 27 public officer or employee. realizes or obtains, or attempts to 28 realize or obtain. a profit. e:ain, or advantae:e for himself or 29 herself or for some other person throue:h the use or attempted 30 use of the power. rie:hts. privilee:es, duties. or position of his 31 or her public office or employment position; or 32 I G. The committine: on or after October 1. 2008. of 33 any felony defined in s. 800.04 a2:ainst a victim youn2:er than 34 16 years of ae:e, or any felony defined in chapter 794 a2:ainst a 35 victim youne:er than 18 years of ae:e. by a public officer or 36 employee throue:h the use or attempted use of power. rie:hts. 37 privilee:es, duties, or position of his or her public office or 38 employment position. 39 (c) FORFEITURE DETERMINATION. Page 12 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II ! i 1 (1) If the Board receives notice or has reason to believe 2 that the rie:hts and privilee:es of any person under the Plan is 3 required to be forfeited. then the Board shall e:ive notice and hold a 4 hearine: for the purpose of determinine: whether such rie:hts and 5 priviIee:es are required to be forfeited. If the Board determines that 6 such rie:hts and privilee:es are required to be forfeited. the Board 7 shall order such rie:hts and privilee:es forfeited. 8 (2) Any order of forfeiture of Plan rie:hts and priviIee:es is 9 appealable to the district court of appeal. 10 (3) The payment of retirement benefits ordered forfeited. 11 except payments drawn from employee contributions. shall be 12 stayed pendine: an appeal as to a felony conviction. If such 13 conviction is reversed. no retirement benefits shall be forfeited. If 14 such conviction is affirmed, retirement benefits shall be forfeited as 15 ordered in this section. 16 (4) If any person's rie:hts and priviIee:es under the Plan 17 are forfeited pursuant to this section and that person has received 18 benefits from the Plan in excess of his or her accumulated 19 contributions, such person shall pay back to the system the amount 20 of the benefits received in excess of his or her accumulated 21 contributions. If he or she fails to pay back such amount. the board 22 may brine: an action in circuit court to recover such amount. plus 23 court costs. 24 Section 15 It is the intention of the City Commission of the City of Boynton Beach 25 that the provisions of this Ordinance shall become and be made a part of the Code of 26 Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be 27 renumbered, re-Iettered and the word "Ordinance" may be changed to "Section," "Article" or 28 such other word or phrase in order to accomplish such intention. 29 I Section 16. All Ordinances or parts of Ordinances, Resolutions or parts of 30 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 31 conflict. Page 13 of 15 COOING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II , I, II 1 I Section 17. If any clause, section, or other part or application of this Ordinance shall 2 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 3 unconstitutional or invalid part or application shall be considered as eliminated and so not 4 effecting the validity of the remaining portions or applications remaining in full force and 5 effect. 6 I Section 18. Unless otherwise provided by the terms of the Ordinance, this Ordinance 7 shall become effective as provided for in the Ordinance when the following have occurred: 8 I (a) The City Commission has received and has accepted a report establishing the 9 actuarial soundness of these amendments; 101 (b) When a collective bargaining agreement ratifying the foregoing changes to 11 pension benefits has been ratified by the City Commission and the General 12 Employees Union SEIU Florida Public Services Union, CTW, CLC (Blue 13 Collar) SEIU Florida Public Services Union, CTW, CLC (White Collar) or their 14 successor organization; and 15 I (c) A copy of this Ordinance is transmitted to the State of Florida Division of 16 Retirement. 17 Upon satisfaction of all of the above requirements, then in that event, the terms and 18 provisions of this Ordinance shall become effective. 19 THE REMAINDER OF THIS PAGE 20 HAS BEEN INTENTIONALLY LEFT BLANK. Page 14 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law. II , -t:b. 1 FIRST READING and PASSAGE THIS Iq DAY OF OC-Tobef ,2010. 2 SECOND and FINAL READING and PASSAGE THIS ~ DAY OF 3 NO"~M~e.r , 2010. 4 PASSED AND ADOPTED THIS ~ DA Y OF f..b\lem b~ ,2010. 5 6 A 7 8 9 10 11 12 Vice Mayor - Marlene Ross 13 14 15 Commissioner - William Orlove 16 17 18 19 20 ____n.. 21 22 ATTEST: 23 <tn- 24 25 t M. Prainito, MMC 26 City Clerk 27 28 (CORPORA TE SEAL) 29 S:ICAIOrdinanceslOrdinance - Gen Emp 20]0 IRS Compliance amendment.doc Page 15 of 15 CODING: Words in struck through type are deletions from existing law. Words in underscored type are additions to existing law.