O75-34ORDINANCE NO. 7 5-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTIONS 21-25, 21-33, 21-37, 21-38, 21-40,
21-47, 21-48, 21-49, 21-50, 21-51, 21-52, 21-53 AND
21-56 OF CHAPTER 21 OF THE CODIFIED ORDINANCES OF
SAID CITY PERTAINING TO THE MUNICIPALEMPLOYEES'
PENSION PLAN, FOR THE PURPOSE OF CLARIFYING AND
AMENDING SAID SECTIONS; PROVIDING FOR AUTHORITY TO
CODIFY, SAVINGS CLAUSE, REPEALING PROVISIONS, ....
EFFECTIVE-DAT~.AND FOR'OTHER PURPOSES.
BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: That Section 21-25 of Chapter 21 of the
Codified Ordinances of the City of Boynton Beach, Florida,
providing the definition of !'general employee" is hereby
amended to read as follows:
"Section 21-25. Definitions.
General Employee. A general employee shall include
all employees as defined in Section 21-25 herein,
other than policemen or firemen who have not elected
to become members of this pension plan under the
provisions of Section 21-32."
Section 2: That Section 21-25 of Chapter 21 of the
codified Ordinances of the City of Boynton Beach, Florida, is
hereby amended by adding an additional definition entitled
"spouse", which additional definition shall read as follows:
"Section 21-25. Definitions.
Spouse. The spouse of a member who was married to
the member throughout the two year period ending on
the date of the member's death."
Section 3: That Section 21-33 of Chapter 21 of the
Codified Ordinances of the City of Boynton Beach, Florida~ is
hereby amended to read as follows:
"Section 21-33. Creditable Service.
Creditable service for the purpose of calculating
benefits for general employees shall consist of the
member's service rendered by the employee since he
last became a member, plus past service rendered
continuously since the employee's last date of employ-
me~t as defined in Section 21-34, to the date of ~is
separation from service by reason of death, disability,
termination of employment or retirement."
Section 4: That Section 21-40 of Chapter 21 of the
Codified Ordinances of the City of Boynton Beach, Florida, is
hereby amended to read as follows:
"S~tion~21-'40. Employee contributions.
Employeos Who are members of~the Plan shall con-
tribute 3% of the first $550 cf monthly earnings,
plus 6% of monthly earnings in excess of $550.
(Example 1: oAn employee earning $500 per month Kill
contribute 3% of $500, or $15 to the fund for that
month. Example 2: An. employee ea~ing $750 per month
will contribute 3% Of $550~ plus 6%'0f $200, or $28.50
to the fund for that month.)"
Section .5: That Section 21~47 of Chapter 21 of the
Codified Ordinances of the City of Boynton Beach, Florida, is
hereby amended to read as follows:
".Section 21-47. Normal retirement.
An e~mployee will normally retire on > ~ ....
the first day of the montk following the employee's
65th birthday or the first day of the month following
ten years of credited service with the City, whichever
is later.
"In the event of such normal retirement, the
retiring employee shai1 be~ entitled Go and shall be
paid an annuity payable mOnthly beginning with the
month of.retirement and continuingluntii death. The
amount of~ annuity to which the retiring employee will
be entitled will be equal to 30% of th~ first $550
of his 'final average monthly c~mpensation' plus 60%
of tho excess over $550 of~ such compensation, provided
the employee has completed at least 30 full years of
credited service at hiS n~rmal retirement date. If
the employee's cre~ite~ service at ~Qrmal retirement
date is less t~an 30 f~ll .years, the aforesaid amount
shall be reduced for the s~orter s~vi~e by multiply-
· ng~ it by~ a fraction the n~umerator~ 0f which is the
em~OY~e~ full~y~ars an~icompleted~mo~ths of credited
ser~Ce~t' normal re~i~em~nt date ~a the denominator
of which ~s 30 years.
"'F~nal average monthly compensation for purposes
of ~th~s Section 5 ShaT~ me~a~ ~he ~n~hly average ofI
the ,e~ployee's ~eArnin~s' id~ri~g ~ highest 60 conr
Secut~e~calend~r mon~s ~ccurrin~ within the 120
caien~ar months~imi~edi~t~y ~prece~in~ his retiremen~
date. 'Earninqs' as'used in the ~above sentence
· ~ '~ ' ~ b employee
shall mean gross earnings received y the as
,I ' ~ .it
compensation fo~ service ~o the Cm ~, including oven-
time pay but exeli~ding bonuses."
Section 6: That Section 21-48 of Chapter 21 of the
Codified Ordinances of the City ef Boynten Beach, Florida, is
hereby repea~ed and a new paragraph 21-48 entitled "Minimum
Benefit" shall be added, which additional paragraph shall read
as follows:
"Section 21-48. Minimumbenefit.
In no event shall an employee's monthly retirement
benefit determzned under Sections 21-47, 21-49, 21-50
or 21-53 be less than the monthly retirement benefit
which such employee ~ould.have received based on his
accrued benefit as of April 30, 1975, under the provi-
sions of the Plan as in effect immediately prior to
May 1, 1975."
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Section 7: That Section 21-49 of Chapter 21 of the
Codified Ordinances of the City of Boynton Beach, Florida,
hereby amended by adding an additional paragraph to said Section,
which additiona~ paragraph shall read as.follows:
Section21-419. Delayed retirement.
In.,the e~ent of~D~lay~d~.Reti~ement: Qfan employee
he shall be e~ti~led %a and shall b~ p~id an annuity
p~yable r~onthty beginning with the month of actual
retirement and cont~nu~n~ unt~t death. The amount o
suchannuity shall ~be determined in the same manner
as t~e normal retirement benefit a~deseribed in
Section 21i~47 but based ~pon his f~n~l!average
monthlyc°mpensation a~d~ his' credited~Ser~ice as of
~is Delayed~Retirement d~te."
Section 8: That Section 21-50 of Chapter 21 of the
Codified Ordinances of the City of Boynton Beach, Florida, is
hereby amended to read as follows:
"Section 21-50. Retirement prior to normal retirement date.
The early retirement date of an emptoyee shall be
the first day of any month prior to his normal retire-
ment date andlfollowing,I O~ coinciding with, the date
of actual~ retirement, prbvided he has then completed
ten years of credited service and has attained his
55th birthday. An empto~ee who retires on an early
retirement date shall be entitled to a deferred annuity
payable monthty be~innin~ at his normal retirement date
or, if he so elects, to
at his early retirement
annuitywill be equal to
normal retirement unde
but based on
compensation as
anticipated credited s,
date, then red~
lng the result by
is the employee's
credited seruice s
of which, is ~he
immediate a~nuity beginning
The amount of the deferred
benefit determined as for
provisionsiof Section 21-47
final average monthly
r~tiremen~ date and his
as of normal retirement
ser~ice~ by multiply-
of which
months of
ite the denominator
's anticipated full years and
complete~ ~r~ice at normal retire-
ment date. If the retiring emptoye~ elects t? receive
an immediate annuity ~o ~mencing at his~early retirement
date, th~ amount o~ suc~ immedia~te annuity sh911 be the
actuari~i equivalent of~the deferre~ ahnuity described
mn the preceding sentence.
Section 9: That Section 21-51 of Chap%er 21 of the
Codified Ordinances of the City of Boynton Beach, Florida, is
hereby amended to read as follows:
"Section
In the event of the d
has retired at his norms
early retirement date
be entitled to a lump
addition to the above
at the time of his dea
least five years of crud
21-51. Death b~fore retirement date.
eath of an employee before he
1 retirement date or at an
s designated beneficiary shall
m pa!~ment of $5,000. In
mp stun payment, provided that
the employee has completed at
ired service and is survived
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"by a spouse as defined in Section 21425, his spouse
shall be entitled to a monthly a~nuity commencing
J-~mediate!y and 6ontinuing untiI such Spouse's death
or remarriage, whichever first occurs. The monthly
amount of such spouse's benefit shall be equal to
25% of the monthly base rate of compensation which
the employee was receiving as of the date of his
death; except tha~, if the spouse's a~e is more than
five years less than ithe empIoyee's age the monthly
benefit will be ac~tuarially redUCed~o~an amount
equa~ in ~alue to'the benefit if th~ spouse had been
exactly five yea~s y~nger than the employee.
"If, after the cessation of a~l death benefits and
spouse's b~nefits as described in this Section 21-51,
the aggregate amount of all such pa!rmen~s made is
less~n ~he aggregate contributions the emplo3~e
had mad~ tO the fund as of the date of his aeath
(together ~ith~in~erest ~he~e6n at the rate of ,3% per
annum comp~ted~as of the end of. the plan year ~o~
which contribution was made to date of death), his
deSigna~ed~beneficiarY shall be~paid a ~lumP~sUmpay-
mehteqUalto ~h~differenc~ between s~ch ~Ontributions
with i~%erest and the ag~regate~ a~ount of 8~ath benefits
and spouse s benefzts pazd.
Section.10: That Section 21-52 of Chapter 21 of the
Codified Ordinances of the City of Boynton Beach, Florida, is
hereby amended to read as follows:
"SeGtion 2t-52. Death afte~ retirement date.
~In the event cT the death of an employee after he
ha~ retired at either his normal retirement date or at
aniearly retirement date and provided such employee is
survived by a spouse as defined in Section 21-25, his
sp®use shall be entitled to a monthly annuity conunenc-
lng immediately and continuzng until such spouse's
de&th. The monthly amount of such spouse's benefit
shall be an amount equal to 50% of the amount of~ monthly
retirement benefit which the employee had been receiving
immediately prior to his death or, if the emptoy~ee has
retired at an early retirement date and his deat~
oceurred prior to commencement of payments, an emount
equal to 50% of the amount of monthly retirement benefit
which the employee would have been eligible to receive
ha~ he. elected commencement of payments as of the date
or-his death. If the spouse's age is more than five
years less than the employee's age the monthly ~enefit
will be act~arially reduced to an amount equal in
value to the benefit if the spouse had been exactly
five years younger than the employee. Furthermore, if
at the time ~of~d~ath.of..the spouse~'tbe agg~egat~
amount 'of ~onthly benefit payments which had be~n made
to both th~ employee before his death and to the spouse
after hi~ ~eath is less than the aggregate ~ont~ibutions
(tggether wzth zntere~st thereon at the ratelof 37 pe
annum comp~ted as of t~e end Of the plan year fqr which
contributiDn was. mad~ ~o date of death) made by ~he
employeelp~ior~ to his death, the difference between
such two kggregate amounts ishall be paid in a lUmp
sum ho thel employee's: ~esignated benefieiary.
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"In the ev. ent o~ the death of an. employee after he
has retired at eit~her his normal retirement date or
at an early ~retirement date and who is not survived
by an eligible spous~ as defined in Section 21-25 and
whose aggregate Mount of benefit payments received
prior t6 hi~ death is less ~han th~ aggregate contri-
butions (together wi~h interest there~n a~ described
above) mad~ by the employee prior to his death~ the
differenCe be%ween suChtwo agg~egateamounts shall
be paid i~ a lump sum to the emPl°Yee~'s designated
beneficiary."
Section 11[ That Section 21-53 of Chap%er 21 of the
Codified Ordinances of the City of Boyn~on Beach, Florida,
is hereby amended to read as follows:
"Section 21~53. Termination of service prior to
eligibility for retirement.
In th~ 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
resignatien or discharge (together with interest thereon
at the rate of 3% per annum computed as of the end of
the plan year for which contribution was made to date
of ~ermin~ion of servi~s), shall be returned and
said empleyee shall immediately cease to be a member
of, ~nd e~t~tled to, any other benefits from this plan
unless the member has completed ten years of credited
service under %he plan or is totally and permahently
disabled. If he has completed ten or more years of
credited service or is totally and permanently disabled
he Shall be' fully vested and ~nt~tled to a deferred
annuity commencing at his normal retirement date.
The monthl~ amount of such dsferred annuity shall be
an a~ount ~mputed. ih the same manner as the deferred
annuity described for e[arty retirement in Section 21-50.
P0r ~he purpose of~suc~ calcui~t~o~, the member's date
of termina~on~of ~mpl~men~ S~ail be considered as
his early reti~emeht date.
"An employee who is ~ntitled to a deferred annuity
under ~he provisions o~ this Section 21-53 may waive
his right tO such deferred annUi~ye and accept in lieu
thereof the total amount he has Contributed to ~he
pension fund (together ~ith interest thereon as
described above) up to the time cf his resignation
er discharge.
"In the event of resignation or discharge of any
member as described in this Section 21-53, any con-
tributions.theretofore made by the City relating to
such member, with accruals thereon, which have not
vested in accordance with the provisions of this
Section 21-53, shall be used to reduce contributions
to be made thereafter by the City and shall not be
used to increase the benefits of any member."
Section 12: ~hat Section 21-56 of Chapter 21 of the
Codified Ordinances of the City Of Boynton ~each, Florida, is
hereby amended to read as follows:
"Section 21-56. Member records; status statements;
beneficiary designations.
A separate record of acdount shall be maintained for
each member and among other things shall show his
service record, his accumulated contributions to the
plan, his exact age, his designation of beneficiary,
together with any such information as is necessary for
an active and Comprehensive determination of his status
under this Plan.
"~A member of the Plan shall complete and file with
the Board adesignation~0~ beneficiary which names
the person who i~ to rec~i~e any de~th benefits that
.oti6~s 21-5~1 and 21-52
the
of plan. An employee who has
a beneficiaryiat~ t~e rime'of hisin
in this Plan may fll~a designation
any .~ime t~er~after. ~ m~bermgy
na~ioh of'b~neficiary a~ any t~m~ bI
des~nation pf~benef~c!~y form. If
fabled,to f~te~a designation Of benef
be~f~s whzch would, noumatly be pa~
ben~¢~ar~ iS~&ll be, pa~d to ~ne ~s~
member
at
g-
has
death
SeCtion 13~ That Section 21-37 of Chapter 21 of the
Codified O~dinances of the City of Boynton Beach, Florida, is
hereby ~mended tO read as follows:
"Sectiom 21-37. .Military and related service.
~en any member is ~inducted or enli.sts into any of
tke Armed Forces of the United States or enlists in any
reserve c~mp6nent, enlLsts zn the U. S. Coast Guard, or
in any other reserve component, or enters upon active
du~y in the Armed F6rce~s'of the United Stabes~ the
U. S. Coast ~Guard, or the United States Public Health
Service in ~esponse to an order or call to active duty,
and is s~bsequently re-employed by the City as a full-
time. permanent general city employee under such
c~rcu~stgmces 'that he ~thsreb~ becomes ent~led to
return to work for thel city ~ithin the time that re-
employment r~ghts are ~rante~ to him by law, he shall
agama become a member of the Plan and ~shaI1 be given
s~rv~ce credit for th~ credited service he had accumu-
lated before entering ~ilitary or related service and
shall again accumu%at~ addzt~onal cre~ted servzce
commencing with the d~te of his re-emploYment by the
City. I~ approved by th~ BoArd ~uch ~mbe~ may also
be granted servzce cr~_d~t fo~ th~ per~Dd of t~me spent
· n m~llta~y or retate~ service.
Section 14: That Section 21-38 of Chapter 21 of the
Codified Ordinances of the Ciity of Boynton Beach, Florida, is
hereby amended to read as follows:
"Section 21-38. Re-employment; no leave of absence or
militaryservice.
When any former ,employee of the City is re-employed,
and said employee had withdrawn contributions previously
made to the Plan, he will again.become a member of the
Plan upon re-employment as a full time permanent
general city employee. T~e credited service which
such re-employed member had~accumulated as of the date
of his prior termination df ~mploymentshall be
reinstated and he shall aQorue additional ~redited
servi~e from tke da~e of~ His re-emploYn~eh~.
benefits, other ~han ref~d o~ employeecon~ributions
made after~ the d&~e of r~emPioy~nt, to which such
reVemployed membersubse~e~ly becomes Shrilled,shall
b~ aq~uar~tly reduced b~!~he va~ue of ~h~ contributions
he h~d pre~iouslywithdrawn.
and
,,~
~hen
e of the City is re-employed
~ terminated hisi
to a deferred annuity,
made .
the Plan as of'
time p
servle~
as
~er of
re-employment as a full
of
of
his re-~mployment.
member subse-
the sum of
p~evlous termination
subsequen~%yto his
Section 15, Authority ~[ ~dify: Specific authority is
hereby granted to codify and in~Qrporate this Ordinance in the
City's existing Code.
Section 16. Separabilit~
Ordinance are separable~ inclu
sentence, and if any portion
the remaining portion shall nc
:lEach of the p~ovlsions of this
ling word, clause, phrase or
~ereof shall be declared invalid,
be affected but shall remain
in full force and effect.
Section. 17~
of Ordinances in
Section 18.
Repealing Provisions: Ail Ordinances or parts
conflict herewith are hereby repealed.
Effective Da e: This Ordinance shall be
effective am of ~e 1st 'day of April+.1975.
Firsn reading this /~ day~ of September, 1975.
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Second, final reading and passage this ~/
day of
ATTEST:
CITY
BOYNTON BEACH, FLORIDA
oer
City Clerk
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