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02-005ORDINANCE NO. O~--d)O~-- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 18-181(A) (4) OF THE FIREFIGHTERS' RETIREMENT PLAN TO PERMIT THE PURCI'IASE OF INVESTMENT GRADE BONDS WITH NOT GREATER THAN 10% OF THE FIXED INCOME PORTFOLIO TO HOLD AN INVESTMENT RATING OF BAA; AMENDING SECTION 18-183 (a) OF THE FIREFIGHTERS ' RETIREMENT PLAN TO PROVIDE FOR THREE YEAR AVERAGING IN THE COMPUTATION OF AVERAGE FINAL COMPENSATION; CREATING SECTION 18-184 OF TEE FIREFIGHTERS' RETIREMENT PLAN PROVIDING FOR THE PAYMENT OF A THIRTEENTH MONTHLY PENSION PAYMENT IN YEARS IN WHICH THE BOARD OF SYSTEM,~ -DETERMINES THAT AN ACTUARIAL GAIN FAS OCCURRED; PROVIDING ~ EFFECTIVE DATE; PROVIDING A COAIFLICTS CLAUSE; PROVIDING A REPEALER. WHERE/LS, the City of Boynton Beach Florida, retiremenu plan and trus5 fund for firefighters; WHEREAS, the Board of Trustees of the Firefighters' Retiremenu Plan desires uo amend permit the purchase of investment grade bonds; presently has a Boynton Beach the City Code to WHEREAS, the Board of Trustees of the Boynton Beach Firefighters' Retirement Plan desires to amend the City Code to provide for three year averaging in the computation of a member's final average monthly compensation; WHEREAS, the Board of Trustees of the Boynton Beach Firefighters' Retirement Plan desires to amend the City Code to provide for a thirteenth monthly pension payment to all retirees and beneficiaries of the Retirement Plan in years when the Plan realizes an actuarial gain; and Page 1 of 7 WHEREAS, the City Commission has determined this amendment will benefit the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Section 18-181(a) (4) is hereby amended to read as follows: Section 18-181. Investments The lnvesEmen5 powers and authority of the board of trustees of the munIcipal £ire£ighters pension trust fund shall be in accordance with Florida Statutes, Section 175.071, provided, however: (a) The aggregaue investment of fund assets in: (4) Bonds or other certificates of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States or the District of Columbia; shall not at cost exceed seventy (70) percent of the fund's assets; nor shall more than ten (10) percent of the fund's assets be invested in the bonds or other certificates of indebtedness of an one issuing company; nor shall the aggregate of such investments in any one company exceed three (3) per cent of the outstanding bonds or other certificates of indebtedness of that company. Fund assets may invested in investment qrad~ Page 2 of 7 bonds with not qreater than 10% of the fixed portfolio to hold an investment ratinq of Baa. Section 2: Section 18-183(a) follows: Section 18-183. Averaqe final comDensation defined; annual compensation defined. (e) ~final income is hereby amended to read as avera~m Average compensation, for the purpose of calculating entitlement to benefits under this plan, shall mean the average cash compensation exclusive of bonuses and incentive pay received by a firefighter during the fzve~j~'~' consecutlve ~=~ ~f service ~ ~= years of the last ten years of creditable service Drior to retirement. Section 3: Section 18-184 is hereby created to follows: Section 18-184. Thirteenth Check. {a) Thirteenth Check SupDlement Created. A benefit is hereby created to be Drovided in the form of a thirteenth monthly retirement Davment to each beneficiary and retiree of the Plan. Payment shall only be made in those years in which an actuarial gain has been determined to exist by the Board of Trustees, followinq consultation with the actuary to the Board. read as Page 3 of 7 Determinaumon of Actuarial Gains. The acsuary for the Retirement Fund shall perform an annual calculation ~o determine the basis of all acEuarial factors used to measure the Plan whether or not the Plan has (c) sustained an actuarial ~ain or loss. actuary shall repot5 annually at a special meetin~ of the Board re~ardinq the actuarial ~ain or loss for'the year. Once certified by the acnuaz-M, the Board shall notify retirees reqardin~ the availability of a thirteenth check payment for the year. In any year in which the Board of Trustees, following consultation with the actuary, determines that no actuarial ~ain has occurred, no benefit shall be payable. In years in which th~ Plan's actuarial qain is sufficient to support the payment of a thirteenth check, the payment shall be made in December. Creation of Thirteenth Check Fund. Followinq the determination of actuarial ~ain, a fund is hereby created, within the assets of the Retirement System, which shall consist of the portion of the actuarial qain attributabl~ to retirees and beneficiaries. This portion shall be equal to the total actuarial ~ain Page 4 of 7 multiplied by the ratio of the present valu~ of benefits for retirees and beneficiaries to the present value of all future benefits for all members of the System. The fund shall b~ co-minqled with other assets of the System but shall be measured for accountinq purposes as ~ separate fund within the Retirement System for the exclusive purpose of under this Section. (d) Distribution of Benefits; (e) providinq benefits Limitations. In any year in which the Board determines that a distribution may be made in accordance with the provisions of this Section, a supplemental benefit shall be paid in the form of ~ thirteenth monthly retiree or beneficiary of The payment for each determined by the Board, payable may not exceed the Fund. Non-Guarantee of Benefits. pension payment to each a deceased retiree retiree shall b~ but the total amount Thirteenth Check By acceptance of a supplemental benefit under this Section, each retiree and beneficiary acknowledges that they have no right, title or interest in any such benefits except as may be determined by the Board of Trustees. Th~ Page 5 of 7 payment of a thirteenth check in any year shall not create any riqht, title or interest in any Derson to the ~ayment of a thirteenth check in any other year. The Board of Trustees reserves the exclusive riqht to alter the manner of payment of this benefit or, to decline the payment of such benefit in any year in which the Board, in the exercise of its fiduciary resDons~bilitY and its sol~ discretion, determines it is in the best interest of the Plan to foreqo such payment. Rule-Makinq Authority. The Board of Trustees shall have authority to make such uniform rules as it deems apDroDriate to facilitate the payment of benefits under this Section. Section 4: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5: Should any section or provision Ordinance or portion hereof, any paragraph, any sentence, of this or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: Authority is hereby granted to codify this Ordinance. Page ~ of 7 Section 7: This Ordinance shall become effective immediately upon passage, but the provisions of Section 2 shall not take effect until receipt by the City Manager of a resolution by the Board of Trustees of the Boynton Beach Firefighters' Retirement Plan advising that a majority of the membership of the Plan has approved the use of future Chapter 175 insurance prem/um monies ro offset the cost of adopting Section 2 of this Ordinance. 2002. FIRST READING this I~' day of January, 2002 SECOND, FINAL READING AND PASSAGE this -~ day of February, ATTEST: C¢;~mmissioner Commissioner