15-022 1 ORDINANCE 15 -022
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON
5 BEACH CODE OF ORDINANCES, ENTITLED "MUNICIPAL POLICE
6 OFFICERS' RETIREMENT TRUST FUND;" AMENDING SECTION
7 18 -169 PROVIDING FOR A 3% MULTIPLIER FOR POLICE
8 OFFICERS HIRED ON OR AFTER OCTOBER 1, 2015; PROVIDING
9 FOR CODIFICATION, CONFLICT, SEVERABILITY; AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City of Boynton Beach and the Palm Beach County Police
13 Benevolent Association have agreed in collective bargaining that the multiplier for police
14 officers hired on or after October 1, 2015 will be 3 %; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
16 revise its Police Officers' Plan in order to provide this administrative change;
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA:
19 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true
20 and correct and are incorporated herein by this reference.
21 Section 2. Section 18 -169 of Article III of Chapter 18 of the Boynton Beach Code
22 of Ordinances is hereby amended as follows:
23 Sec. 18 -169. Requirements for retirement- benefit amounts.
24 (a) Normal retirement.
25 * * *
26 (2) Normal retirement benefit. The normal retirement benefit payable to a police
27 officer who retires on or after the normal retirement date shall be an amount equal to the
28 number of years of his or her credited service multiplied by 3.5% of his or her average final
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29 compensation. Effective [insert effective date], for all police officers hired on or after
30 October 1, 2015, the 3.5% multiplier provided for in this . r. ' r 1. i • I°.
31 * * *
32 (c) Disability retirement.
33 * * *
34 (2) Nonservice incurred. Effective October 1, 2000, any member with ten years of
35 continuous service who receives a nonservice incurred injury, illness, disease or disability,
36 and which illness, injury, disease or disability totally and permanently disables him or her to
37 the extent that, in the opinion of the Board of Trustees, he or she is wholly prevented from
38 rendering useful and efficient service as a police officer, shall receive from the fund in equal
39 monthly installments an amount equal to 3.5 % of his or her average final compensation for
40 each year of continuous service until death or recovery from disability whichever shall first
41 occur, provided, however, the maximum benefit to which a member may become entitled
42 under this paragraph shall not exceed 60% of his or her average final compensation during
43 said period, but in all cases the benefit will be at least 25% of average final compensation
44 during said period. Such benefit shall be payable on the first day of each month, commencing
45 on the first day of the month following the latter to occur of the date on which the disability
46 has existed for three months and the date the Board of Trustees approved the payment of such
47 retirement income. Effective Finsert effective dater for all police office hired on or a fter
48 October 1, 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0 %.
49 * * *
50 (d) Death benefit.
51 (1) If any member shall die prior to retirement or other termination of employment
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52 with the city and that death is found by the Board of Trustees to have occurred in the line of
53 duty regardless of the years of service, a death benefit shall be payable to the deceased
54 member's spouse. The benefit shall equal 3.5 % of average final compensation for each year
55 of continuous service; provided, however, the benefit will be at least 30% of average final
56 compensation. It shall be payable in equal monthly installments commencing the first day of
57 ; the month following the date of death and ceasing upon the death of the spouse. If there is no
58 spouse, the benefit, if any, will be paid to the deceased participant's estate. Effective [insert
59 effective date], for all police officers hired on or after October 1, 2015, the 3.5%
60 multiplier provided for in this paragraph shall be 3.0 %.
61 (2) If any member with at least ten years of continuous service shall die prior to
62 retirement or other termination of employment with the city, a death benefit shall be payable
63 to the deceased member's spouse. The benefit shall equal 3.5 % of average final
64 compensation for each year of continuous service. It shall be payable in equal monthly
65 installments commencing the first day of the month following the date of death and ceasing
66 upon the death or remarriage of the spouse. If there is no spouse, the benefit, if any, will be
67 paid to the deceased participant's estate. Effective [insert effective date], for all police
68 officers hired on or after October 1, 2015, the 3.5% multiplier provided for in this
69 paragraph shall he 3.0 %.
70 Section 3. It is the intention of the City Commission of the City of Boynton Beach
71 1 that the provisions of this Ordinance shall become and be made a part of the Code of
72 '; Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be
73 renumbered, re- lettered and the word "Ordinance" may be changed to "Section," "Article" or
74 such other word or phrase in order to accomplish such intention.
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75 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of
76 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
77 conflict.
78 Section 5. If any clause, section, or other part or application of this Ordinance
79 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
80 unconstitutional or invalid part or application shall be considered as eliminated and so not
81 effecting the validity of the remaining portions or applications remaining in full force and
82 effect.
83 Section 6. This Ordinance shall become effective when the following have
84 occurred:
85 (a) the City Commission has received and has accepted a report establishing the
86 ` actuarial soundness of these amendments;
87 (b) a copy of this Ordinance has been sent to the Florida Division of Retirement;
88 and
89 (c) when a collective bargaining agreement ratifying the foregoing changes to
90 pension benefits has been ratified by the City Commission and the Municipal
91 Police Officers' Pension Board of Trustees, or their successor organization, or
92 a letter from such union stating it accepts the terms of this Ordinance or
93 otherwise does not object to its contents.
94 Upon satisfaction of all of the above requirements, then in that event, the terms and
95 provisions of this Ordinance shall become effective.
96
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1
97 FIRST READING THIS 18 DAY OF AUGUST, 2015.
98 SECOND, FINAL READING and PASSAGE THIS 3 '4
DAY OF SEPT , 2015.
99 CITY OF BOYNTON BEACH, FLORIDA
100
101 YES NO
102
103 Mayor — Jerry Taylor
104
105 Vice Mayor — Joe Casello ✓
106
107 Commissioner — David T. Merker ,/
108
109 Commissioner — Mack McCray
110
111 Commissioner — Michael M. Fitzpatrick ✓
112
113 I /
114 VOTE '— 0
115
116 ATTEST:
117
118 W 119 t 1 . ikoL:LID
120 . • , t M. Prainito, MMC
121 Clerk
122
123 G ∎T Y o, .
124 a R, ,
125 • o r t. is eal)
126 _
127
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T0 N
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