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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 Page 1 of 5 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 Page 2 of 5 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. Page3of5 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 Page 4 of 5 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 ! � + j T0 N Page 5of5