O76-59 ORDINANCE NO. 76-59
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SEC. 21-25, 21-47, 21-51, 21-52, 21-53 AND 21-54 AND
ADDING A NEW SEC. 21r55.1 OF CHAPTER 21 (PENSIONS) OF THE
CODIFIED ORDINANCES OF SAID CITY TO ALTER THE NORMAL
RETIREMENT DATE OF MUNICIPAL EMPLOYEES' RETIRE-
MENT AFTER JAIqUARY.1, 1977 AND THE AMOUNT OF ANNUITY
TO ~ICH SUCH EMPLOYEES ~LL BE E~TITLED; MODIFYING
PENSION BENEFITS PAYABLE AS A RESULT OF T~ D~TH
OF AN E~O~EE BOTH BEFORE OB AFTER RETIREMENT OR
DUE To TE~ATION OF SERVICE P~OR TO ELIGIBILITY
FOR ~ET~T; R~E~;E~ING ~BASIS UPON ~HICH E~PLOYEES'
~ASIS uPON?~ICH EMPLOYEES SHALL BE ~TIT~ED TO
~ISABIL~ ~ENEF~S AND~A~OU~T THEREOF;. AND PROVID~G
R~A~e~pROVmIoN, AN EFFECTUE DATE.kND FOR OTHER
PURPOSES.
~ y
BE'IT ORDA~ED BY THE CIT COUNC~ OF THE CITY OF BOYNTON
B~CH, FLORIDA:
Secti~l: ~e t~rd paragraph of Sec. 21-25 of Di~sion 1 of A~icl&
I~ "~ployees' Pension Plan of the City of Boston Beach. Florida," of
Chapter 21 of the Codified Ordin~ces of ~e City of Boston Bea~, Florida,
is hereby ~ded to read as follows:
"Sec. 21-25. Def~iiions.
A~uity. A~ual payments for life to be paid in equ~ money
~st~ts ~th the first pa~enl m~e as of the first day
of the mon~ which retirement occurs ~d cont~u~g unt~
death wi~ ~e last payment made as of the first day of the
=~onlh in w~ch death occurs.
Se~ion 2: ~e tweniy-~ird paragraph of Sec. 21-25 of ~sion i of
A~cle ~ Employes Pension Plan of ~e City of Boston Beach, Florida,"
of Chaplet 21 of ~e Codi~ed Ordin~ces of the City of Boston Beach,
is hereby ~ended to read as follows:
"Sec. 21-25. Defini~ons.
PI~ year. A pe~od of twelve (12) consecutive months me~ed
on the basis of the c~dar year, or f~m ~y anniversary thereof.
Section 3: Sec. 21-47 of Division 4 "RETIREMENT AND RETIREMENT
B~EF~S" of A~icle :~ of Chapter 21 of the Codified Ordin~ces of the
City of Boston Beach, Florida, is hereby ~ended to read as follows:
"Sec. 21-47. Nom~ retirement.
An employee who retires on or ~er January 1, 1977 will
n~m~Iy re,re on the fir~ day of ~e mon~ roll,lng ~s
62nd bi~d~ or ~e ~rsi day of the mon~ foll~g 10 years
of completed set,ce with the City, w~chever is later.
An employee who retires prior to January 1, 1977 will
normally retire on the first day of the month following
his 65th birthday or the first day of the month following
10 years of completed service with the City, whichever
is later.
In the event of normal retirement, the retiring employee
shall be entitled to and shall be paid an annuity payable
monthly beginr_ing with the month of retirement and continuing
t~$il death. The amount of annuity to which the retiring
employee will be entitled will be calculated as follows:
(a)
An employee who retires prior to January 1, 1977 shall
be sligihie to receive a monthly benefit computed in
accordance with tke provisions of the plan as in effect
as of the date of his retirement except that effective
a-s Of January 1, t977~ the mont~mly benefit payable to
each such individual shall be increased by 25% as of
that date.
(b)
An employee who retires on or after January l, 197 7
shall be entitled to and shall be paid an annuity payable
monthly beginning with the month of retirement and
continaing until death. The amount of annuity to which
the ~eti~ved employee will be entitled will be equal to
37 t~2% of the first $550 of his final average monthly
cornpensatiou plus 75% of the excess over $550 of such
cornpensatio~l provided the er~ptoyee has completed at
least 30 full years of Credited service at his normal
r~etirement date. If the employee's credited service at
normal retirement da~e is less than 30 full years the
af(~resaid mount shal~ be reduced for the shorter service
by multiplying it!by a fraction, the numerator of which
is tee e~ 1~ eei§ lit'il years and fractions thereof in
months of credited ~se~vice at ~n0rmat retiremeni date
and the deno~nzuito,r of which ~s 30 years.
(c)
Final
Section
earnings during
as ~used ~in
to the
~ausation for purposes of this
~ average of the employee's
~est 60 consecutive calendar
~ Within ~he t20 calendar months
retirement date. Earnings
mean gross earnings
~ as compensation for service
o~ertime pay and sick pay paid in
a lump sum at t~rmination or retirement but excluding
bonuses."
Section 4: Sec. 21-51 of Division 4 "RETIRE1ViENT AND RETIREATENq
BENEFITS" of Article ~ of Chapter 21 of the Codified Ordinances of the City
of Bo~ton Beach, Florida, is hereby amended to read as follows:
USec. 21-51. Death before i~etirement date.
in the event of death of an employee prior to the receipt by
such employee of any of the benefits under the provisions of
this Article, then the total amount of contributions by said
employee to the fund, up to the time of his death, shall be
paid to the beneficiary of the deceased employee, together
with interest thereon at the rate Of 5% per annum, computed
in the manner provided in Section 21-53, unless the employee
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has reached normal retiren~ent age and the retirement
annuit~ option provided in Section 21-54 has been elected
by thel employee, in which case pension payments will be
made as though the employee had retired on the day before
he died. Inthe event accrued interest is eonaputed for a
period in excess of one (1) year, said interesi shalI be
compounded."
Section 5: Sec, 21-52 of Division 4 "RETIREMENT AND RETIRE-
MENT BENEi~ITS" ~£ Article[IV~ ,of Chapter 21 c~ the Codified Ordinances of
the City of Boynton Beach, Florida, is hereby arnended to read as follows:
"Sec. 21-52. Deaib afier retiren~_ent date.
In the event of the death of a retired employee prior to the
receipt by said employee of benefits under this Article in an
amount equal to the total amount contributed by such employee
to the pension fund, together with interest thereon at the rate
of 5% per annum computed to the date of the employee's
re~irernentas provided in Section 21-53, then the excess of
such contribution plus interest over the amount of the benefits
received by such employee under this Section shall be paid to
the beneficiary of such deceased employee unless the retired
employee has elected the Retirement Annunity Option provided
in Section 21- 54 in which event benefits will be paid in accord-
ance with such option. The designated beneficiary of an
employee who retired prior to January l, 1977 but who dies
subsequent, thereto, shall be eligible to receive behests computed
in accordance with the provision~s of the plan in effect as of the
date of such employee's retirement. '
Section 6: The first paragraph of Sec.~ 21-53 of Division 4 "RETIRE-
MENT AND RETIREMENT BENEFITS" of Article'IM of Chapter 21 of the
Codified Ordinances of the City of ]~oynton Beach, Florida, is hereby
amended to read as follows:
"~Sec. 21-53. Termination of services prior to eligibility for
retirement.
In the case of voluntary resignation or discharge of any
member of the plan, the total amount contributed by said
employee to the fund up to the time of his resignation or
discharge (together with interest at the rate of 5% per anntun
compi~ted to the date of termination of s~rvice on all contri-
butions, exclusive of those made during the plan year in
which termination Occurs) shall be returned and said employee
shall immediately cease to be a member of, and entitled
any other benefits from the plan unless the member has
completed ten (10) years of credited service under the plan
or is totally and permanently disabled. Lf he has conapleted
ten (i0) or more years of credited service or is totally and
permanently disabled he shall be fully vested and entitled to
a deferred annuity commencing at his normal retirement
date. The monthly amount of such deferred annuity shall be
an amount computed in the same manner as the deferred
annuity desci~ibed for early retirement in Section 21- 50. For
the purpose of such calculation, the member's date of termina-
tion of employment shall be considered as his early retirement
date."
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Section 7: Sec. 21-54 of Division 4 "RETIREMENT AND RETIRE-
MEI~T BENEFITS" of Article IV of Chapter 21 of the Codified Ordinances
of the City of Boynton Beach, Florida, is hereby an~ended to read as
follows:
"Sec. 21-54. Retirement annuity option.
At any time prior to or upon the date of normal retirement,
a member may elect to receive annuity benefits payable under
the Plan with .the approval of the Pension Board in the form
of a ~joint and survivor annuity instead of the normal annuity
form, which shall, be the actuarial equivalent of ihe annuity
which he would normally receive. A member may rescind
such~ election at anytime prior to his or her normal ratire-
ment ,date. Under the joint and survivor annuity, t~o-thirds
(2/3) of,the retirement annuity income continues to the
suz~viving eoniin~ent annuiiant, until;his or her.death. The
election o£ a j0iu~ and survivor annuity sha~I be deemed to be
aut0inatically ~ancelled in the event o£the death of ,either
pr0p~ised anuuita~t prior to the member's actual retirement. -
Section $; New Sec. 21-55.1 of Division 4 "RETIREMENT AND
RETIREMENT BENEFITS" of~Article, I~' of Chapter 21 of the Codified
Ordinances of the City of Boynten Beach, Florida, is hereby established
read as follows:
'~e 2
o c. 1-55.1 Disabilit~y Benefits.
(a)
In the event of total and permanent disability of a member
prior to his normal retirement date he shall be entitled
to a monthly benefit corrn-nencing as of the first day of the
third month following such disability or following the date
as o£ which application for disability benefits is made,
whichever is later, maud continuing until the member's
normal retirement date, death or recovery, whichever
first occurs.
(b)
A member shall be totally and permanently disabled if: (a)
during the first 24 months of a period of total disability
he is under the regular care and attendance of a licensed
physician (other than himself) and completely- tunable to
engage in his regular occupation oY' employment, and (b)
after the first 24 months of a period of total disability, he
is completely unable to engage in any and every gainful
occupation or employment for which he is or becomes
reasonably fitted by education, training or experience.
Total and pernaanent disability shall exclude any disable-
rnen~ arising from any of the following:
(1) lVar, whether:declared or undeclared, or any act of war.
(2) Intentionally self-inflicted injury of any kind, while sane
or insane.
(3) Participating in, or in consequence of having participated
in, the commission of any assault or felony.
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(4) Pregnancy.
(5) Alcoholism or drug addiction.
(6) A mental disease or disorder.
(c)
The monthly disability benefit payable to a disabled member
shall be 60% of the member's base rate of monthly compen-
sation in effect as of the April 1st preceding the date of
disability reduced by any other benefits or payments including
Prinaary Social Security Disability Benefits, sa~:~y~ ~vages,
commissions or other similar renaunerations that the member
receives or is entitled to receive. The maximuzn monthly
d~isability B ~fr~)m lhe trus! shall be $1, 500; the
iniznum, mOn%hl~ benefit payable fror~ ihe trust shall he the
smaller of,$50 and 10T0~ of the~u~?.-e~nbe, r's base rate of monthly
compensation~ in effect aS of the April 1 proceding the date
of disability
(d)
Dete:rmination of whether or not a member is totally and
permanently disabled or coniinues to be totally and permanently
disgb]~ed~shall be made solely by the Board of Trustees. The
BoS~d of Trustees shall approve or disapprove all applications
for.!disat~ility benefits and may rely on medical or expert
opiuion Satisfactory to it. At its discz~etion, the ]Board of
Trustees may reqt~ire a disabled men, bet to undergo ,a physical
exainiu~ti~n a~the Board'S expense but not more offen than
once ~tu~ing each cal~,ndar year.
Section 9: Aufaoz~iy'to Cedi y: Specific authority is hereby granted
to codify and incorporate/his Ordinance in the City's existing Code.
Section 10: Separability: Each of the provisions of this Ordinance is
separable, including work, clause, phrase or sentence, and if any- portion
thereof shall be declared invalid, the remaining portion shall not be affected
but shall remain zn full force and effect.
Section 11: Repealing Provision; All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 12: An Effective Date: This Ordinance shall become effective
in the manner and at the time provided by law.
First reading this ~ day- of ~~' , A.D. 1976.
Second, final reading and passage this _~day of
A.D. 197~7.
CITY OF BOYNTON BEACH, FLORIDA
~ATTEST:
City Clerk ~
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