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19-009 1 ORDINANCE NO. 19-O0 9 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH 4 AMENDING CHAPTER 18, ARTICLE IV, PENSIONS 5 FOR FIREFIGHTERS; AMENDING SECTION 18-180 TO PROVIDE A MAXIMUM BENEFIT CAP OF $95,000; 7 AMENDING SECTION 18-180.1 TO PROVIDE FOR A 8 REVISED EARLY RETIREMENT DATE FOR NEWLY 9 HIRED FIREFIGHTERS; AMENDING SECTION 18-185 10 TO PROVIDE FOR A REVISED NORMAL 11 RETIREMENT DATE FOR NEWLY HIRED 12 FIREFIGHTERS; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City of Boynton Beach and the International Association of 17 Firefighters,Local 1891 have negotiated amendments to the Boynton Beach Firefighter Pension 18 Trust Fund; 19 WHEREAS, Addendum "E".to the parties'. collective bargaining agreement provides 20 for a revised benefit structure for new firefighters. In particular, Addendum "E" provides for 21 revised early and normal retirement dates for newly hired firefighters; 22 WHEREAS, Addendum "E" also provides for a maximum benefit cap of$95,000 for 23 active firefighters, as permitted by law; 24 WHEREAS, the Board of Trustees of the Boynton Beach Firefighter Pension Trust 25 Fund has recommended the adoption of an Ordinance to codify Addendum"E"; 26 WHEREAS, the City Commission of the City of Boynton Beach, desires to amend 27 Chapter 18 of the Code of Ordinances of the City as recommended by the Board of Trustees. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH,FLORIDA: 30 Section 1. The foregoing Whereas clauses are true and correct and are now ratified 31 and confirmed by the City Commission. 32 33 34 Section 2: Section 18-180 is hereby amended to read as follows: 35 Sec. 18-180. Monthly retirement income. 36 37 (a) The amount of monthly retirement income payable to a firefighter who retires on or 38 after the firefighter's normal retirement date shall be an amount equal to the number of the 39 firefighter's years of credited service multiplied by 3% of such firefighter's average final 40 compensation. Effective October 1, 2018 the maximum normal retirement benefit shall be 41 capped at ninety-five thousand dollars ($95,000)(hereinafter the "maximum benefit cap"). The 42 maximum benefit cap will be increased annually beginning on the first (1st) day of October 43 2023 (and on each October 1st thereafter) by one and a half percent (1.5%). The maximum 44 benefit cap shall also apply to early retirement, deferred vested retirement and disability 45 retirement. In the case of early retirement and deferred vested retirement,the maximum benefit 46 cap shall be applied to the normal retirement benefit before reflecting any reductions for early 47 retirement. At all times, the Plan shall comply with the maximum benefit limitations of IRS 48 Code Section 415(d) and all applicable Treasury Regulations. 49 50 (b) In no event may a member's annual benefit exceed the lesser of: 51 (1) Ninety thousand dollars (adjusted for cost of living in accordance with Internal 52 ' - :: . _ : : , - •- - _• . - ::•. -- 53 effective); or 54 55 (2) One hundred percent of the aver _ . .• : :- - • • . - •• ' . 57 _ . !I° . .. -- - ' - -- -,- ,- - ..• . - - - -. .. • 59 :. : :. : : - _ ,• . IIS -. .. . •- -- .•- - . 60 • - •- . . ' . . -- . ; -- . 61 62 If a member has less than ten years of service with the city, the applicable limitation in 63 . . . _ . . . - • . . • • _ . •-- 64 . . . • . - . . . - - . : : . • . - 65 • , - - . ' - • ; . • - . -. - - ., . 66 • C7 - : - -• . . - •: -, "..-.- .. .- -- " ---. - - . . - :•-.- .. - - 68 69 70 . . . . .. _ . .. 71 72 73 2 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.outlook\Y9FBE4II\Ordinance Adoption 2018 2021 CBA Final (00121524)±C171) (Rev) .Docx 76 hi . • . - - . . . ate ea -• • • 77 . - . = - - ., . - ,. . . . . - . - - 78 .. . I!.,!! ' :: ••• • • - - • _ _ . • 81 - _ _ , -_ - . ' - - - • . , 2 . - - .• - . - 82 . . . ••• • • - • -- - _ - _ , , .. 83 - 84 - - .. . . 85 • 86 - . .- - . . - - - -, _ ., . .. - . - • - . •- - - 87 2.•: - • • . -- - --- -- 2- _ - - - - - 89 •-- . • - - . - - - - - - • - • .. . • - . . . 90 - • - . . .. - • - , - : •• -• : - - - 91 (4-$h 92 93 Section 3: Section 18-180.1 is hereby amended to read as follows: 94 Sec. 18-180.1 Computation of monthly retirement income in the instance of early retirement. 95 96 The benefit payable for early retirement shall be the same as determined for normal 97 retirement,as set forth in section 18-180, less three(3)per cent for each year or portion thereof 98 of which the member's actual retirement date precedes she date which would have been the 99 member's normal retirement date had such member remained in full-time employment with the 100 city. For all new members hired on or after February 5, 2019 (hereinafter"Tier 2 members"), 101 early retirement shall be available at age fifty(50)with at least ten(10)years of service,reduced 102 by less the three(3)per cent per year early retirement reduction described above.The maximum 103 benefit cap established in 2019 shall apply to early retirement benefits, but for calculation 104 purposes shall be actuarially determined based on the member's normal retirement benefit. 105 106 Section 4: Section 18-18?s hereby amended to read as follows: 107 Sec. 18-182 Disability retirement benefits. 108 109 (a) Service incurred. Any member who receives a medically substantiated service 110 connected injury, disease or disability, which injury, disease or disability totally and 111 permanently disables such member to the extent that,in the opinion of the board of trustees,the 112 member is wholly prevented from rendering useful and efficient service as a firefighter, shall 113 receive a monthly benefit equal to sixty-six and two-thirds (66 2/3) per cent of the member's 114 basic rate of earnings in effect on the date of disability. Such benefit shall be payable on the 115 first day each month, commencing on the first day of the month following the latter to occur of 116 the date on which the disability has existed for three (3) months and the date the board of 117 trustees approved the payment of such retirement income. In the event of recovery prior to the 118 otherwise normal retirement date, credit for service during the period of disability shall be 119 granted for purposes of subsequent retirement benefits. The amount of the disability benefit 3 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Ordinance Adoption 2018-2021 CBA Final (00121524xbc171) (Rev) .Docx 120 payable from the fund shall be reduced by any amounts paid or payable as disability benefits 121 from workers' compensation and the federal social security system. The reduction for social 122 security benefits shall be in the amount of the primary insurance amount(PIA)only, and future 123 increase, if any, in the disabled member's social security disability benefit shall not serve to 124 reduce any further the disability benefit from the fund. The reduction for social security shall 125 terminate upon the attainment of age sixty-five (65). For purposes of compliance with Chapter 126 175, Florida Statutes, service-incurred disability benefits shall not be offset below 42% of 127 average final compensation. The maximum benefit cap established in 2019 shall apply to 128 service incurred disability retirement benefits under this subsection. 129 130 (b) Nonservice incurred. Any member with ten (10) years of continuous service who 131 receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, 132 disease or disability totally and permanently disables such member to the extent that, in the 133 opinion of the board of trustees, the member is wholly prevented from rendering useful and 134 efficient service as a firefighter, shall receive from the fund in equal monthly installments an 135 amount equal to two and one-half(2'/2) per cent of that member's average final compensation 136 for each year of continuous service until death or recovery from disability,whichever shall first 137 occur; Such benefit shall be payable on the first day of each month, commencing on the first 138 day of the month following the latter to occur of the date on which the disability has existed for 13.9 three (3) months and the date the board of trustees approved the payment of such retirement 140 income. For purposes of compliance with F.S. Chapter 175, the minimum nonservice-incurred 141 disability benefit shall be 25% of average final compensation. The maximum benefit can 142 established in 2019 shall apply to non-service incurred disability retirement benefits under this 143 subsection. 144 145 Section 5: Section 18-185 is hereby amended to read as follows: 146 Sec. 18-185 Normal retirement date. 147 148 The normal retirement date of each firefighter will be the first day of the month coinciding with, 149 or next following, the earlier of the date on which such firefighter has attained and completed 150 twenty (20) years of service, regardless of age, or at fifty-five (55) years of age with ten (10) 151 years of service. There is no age requirement for a normal retirement. For all members first 152 hired on or after February 5, 2019 (hereinafter "Tier 2 members"), the normal retirement date 153 will be the first day of the month coinciding with or next following the date on which the 154 firefighter has attained and completed twenty-five (25) years of service, regardless of age, or 155 at fifty-five(55)years of age with ten(10)years of service. If a Tier 2 member separates from 156 service with less than twenty-five (25) years of service the normal retirement date shall be the 157 first day of the month coinciding with, or next following, attainment of age fifty-five(55). 158 159 160 161 Section 6: That all ordinances or parts of ordinances in conflict herewith be and the 162 same are hereby repealed. 4 C:\Users\Stanzipnet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Ordinance Adoption 2018-2021 CEA Final (00121524xbc171) (Rev) .Docx A 163 Section 7: Should any section or provision of this ordinance or portion hereof, any 164 paragraph,any sentence,or word be declared by a court of competent jurisdiction to be invalid, 165 such decision shall not affect the remainder of this ordinance. • 166 Section 8: Authority is hereby granted to codify this ordinance. 167 Section 9: As agreed by the parties, the sum of$150,000 of Chapter 175 insurance 168 premium taxes (IPT) shall be used to reduce the Pension Fund's unfunded liability as follows: 169 $75,000 of IPT shall be allocated effective October 1, 2019 and $75,000 of IPT shall be 170 allocated effective October 1 2020, consistent with SB 172 and past practice. 171 Section 10: Once this Ordinance shall become effective the $95,000 cap shall not be 172 interpreted as applying to the accrued benefit of any grandfathered members as of October 1, i73 2018. For purposes of this section, "grandfathered member" shall include existing retirees, 174 deferred vested members, DROP participants and currently employed firefighters who are 175 presently eligible for normal retirement. 176 Section 11. This Ordinance shall take effect when the following conditions precedent 177 to the adoption of this Ordinance have occurred. 178 (a) the City Commission has received and has accepted a report establishing the actuarial 179 soundness of these amendments or a letter of opinion from the Plan Actuary that the amendment 180 has no actuarial impact; and 181 182 (b) the Ordinance and impact statement have been sent to the State of Florida Division of 183 Retirement; and 184 185 (c) the IAFF has advised the City in writing that they have accept the changes proposed 186 in this ordinance and waive both pre-implementation and impact bargaining. 187 188 (d) the Boynton Beach Firefighter Pension Board Attorney has provided the City with a 189 written legal opinion that the amendments are in accord with all State and Federal Statutes and 190 Regulations. 191 192 5 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Ordinance Adoption 2018-2021 CBA Final (00121524xbc171) (Rev) .Docx 193 194 FIRST READING this c44" day of (-6 toy 0,612\1 , 2019. 195 SECOND, FINAL READING AND PASSAGE this 1 q day of 196 r tb rl,t a fu , 2019. 197 CITY OF BOYNTON BEACH, FLORIDA 198 199 YES NO 200 201 202 Mayor—Steven B. Grant 203 204 Vice Mayor—Christina L. Romelus 205 206 Commissioner—Mack McCray 207 208 Commissioner—Justin Katz 209 ✓ 210 Commissioner—Aimee Kelley 211 57-0212 VOTE 213 ATTEST: 214 215 216 `fYt 217 Jud' A. Pyle, C 218 Cit Clerk 219 220 221 (Corporate Seal) 222 cur. �; fir; Wil"": "" 'let �-3 rd:. ti lr .• 4, • v 10 6 C:\Users\Stanzicnet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y9FBE4II\Ordinance Adoption 2018-2021 CBA Final (00121524xbc171) (Rev) .Docx