O79-20ORDINANCE NO. 79-~o
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
SECTIONS 21-33, 21-40, 2I-.~1, 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 PER>~IT DELAYED~RETIRE-
MENT TO AGE 70; PROVIDING DEFINITIONS FOR
CREDITABLE SERVICE AND NO~AL RETIREMENT;
PROVIDING FOR THE CALCULATION OF E~LOYEE
CONTRIBUTIONS AND DEDUCTIONS FROM PAY;
PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
NOW, THEREFORE~ BE AND IT IS HEREBY ORDAINED BY THE CITY
CO~CIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Article I. That Chapter 21 (pensions) 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 but not beyond his seventieth
(70th) birthday.
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
retirement date except that any employee who had postponed retire-
ment prior to January 1, 1979 who as of that date was still an
active employee of the City shall be entitled to a benefit commenc
ing at his delayed retirement date based upon final average compen
sation 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 21-41 employee
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 dollars ($500.00) per month will contribute three (3)
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 con-
tribute three (3) percent of five hundred fifty dollars ($550.00),
plus six (6) percent 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 contribut£ons 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. 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 compensatio~
of each member for each and every payroll as authorized by this
article and when deducted shall be paid into the fund of the plan
and shall be credited to the individual member from whose compen-
sation said deduction was made.
-2-
Section 4. Section 21-33 of said C~apter 21 is amended to
read as follows:
Creditable Service.
Creditable service for the purpose of calculating benefits
for general employ~ees shall consist of the member's service render~
by the employee since he last became a member, plus past service,
rendered continuously since the ~ployee's last ~ate 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 Janua~
1, 1979.
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 compensation for the purposes of
this section shall mean the monthly average of the employee's earn.
ings 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
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 termin
tion or retirement but excluding bonuses.
Articel 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
competent jurisdiction to be invalid, such decision shall not
effect the remainder of this Ordinance.
Article IV. This Ordinance shall become effective immediat
upon its passage.
-3-
FIRST READING this ~ day of ~ .... 1979.
SECOND, FINAL READING and PASSAG~this~ /~ day of
1979.
CORPORATE SEAL
CITY OF BOYNTON BEACH, FLORIDA
By
~ ~Vic~ Mayor
/ ........ CO~ci t~,~b er~- ........
ATTEST:
C-6un ki 1 Memb~
-4-