06-26-00 v , , i
I ' i
OP CITY OF iTIJUANTIC BEACH
COMMISSIOIj MEETING - June 26, 2000
' 7:15 P.M.
r,
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of June 12, 2000
2. Courtesy of Floor to Visitors:
A. Mort Hanson, Beaches Sea Turtle Patrol(City Commission)
B. Recognition of Teen Council members (Commissioner Mitchelson)
3. Unfinished Business from Previous Meeting
A. Follow-up report from the meeting of June 12, 2000 (City Manager)
B. Discussion and related action regarding the log cabin on Seminole Road(Commissioner
Waters)
4. Consent Agenda:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
0 THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED
BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS
A. Acknowledge receipt of monthly reports:
Police and Animal Control Departments
Utility Sales (City Manager)
B. Approve one-year extension of the following contracts:
(i) Contract with Jones Chemical, Inc., for the purchase of Chlorine and
Sulfur Dioxide pursuant to the specifications of Bid No. 9899-24
(ii) Contract with USA Services of Florida,Inc.,in the amount of$19,278,
for street sweeping pursuant to the specifications of Bid No. 9798-32
(iii) Contract with RUS of Gainesville/Lakeland for uniform rental/cleaning
for Public Works Employees pursuant to their bid submitted under Bid
No. 9798-22 (Re-bid) (City Manager)
C. Award contract to Meadors Construction Company in the amount of$64,460 for
Clarifier Walkways and Railings at wastewater treatment plant No. 1, pursuant to the
specifications of Bid No. 9900-16 (City Manager)
ill5. Committee Reports:
Documents Professionally Imaged
by Advanced Data Solutions,Inc.
Disc 1 - 10/16/00
• Page Two AGENDA June 26, 2000
6. Action on Resolutions:
A. Resolution No. 00-11
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE BE I I ER JACKSONVILLE PLAN AND URGING ATLANTIC
BEACH RESIDENTS TO VOTE IN FAVOR OF THE PROPOSED HALF-CENT
SALES TAX INCREASE (City Commission)
7. Action on Ordinances:
A. Ordinance No. 70-00-14 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 20, TAXATION, OF THE CODE OF ORDINANCES OF
THE CITY OF ATLANTIC BEACH, BY ADDING ARTICLE V. ADDITIONAL
HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE (65) AND OLDER,
AND PROVIDING AN EFFECTIVE DATE (City Commission)
B. Ordinance No. 75-00-14 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, ARTICLE II,
STOPPING, STANDING AND PARKING, DIVISION 1, GENERALLY, SEC. 21-
• 19, COMPLIANCE WITH SIGNS PROHIBITING PARKING REQUIRED, AND
SEC. 21-25, REMOVING AND IMPOUNDING, TO ADD LANGUAGE TO
INCLUDE OFFICIAL MARKINGS ON A CURB, AND PROVIDING AN
EFFECTIVE DATE (Commissioner Waters)
C. Ordinance No. 95-00-74 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REWRITING IN ITS ENTIRETY CHAPTER 11, NOISE, OF THE ATLANTIC
BEACH CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE
(City Manager)
D. Ordinance No. 58-99-26 - Reintroduction
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE
RETIREMENT SYSTEM ORDINANCE TO DELETE ALL REFERENCE TO FIRE
AND POLICE AND ESTABLISH SEPARATE PENSION PLANS FOR POLICE
EMPLOYEES AND GENERAL EMPLOYEES (Pension Board)
8. Miscellaneous Business:
A. Approve Final Change Order in 1999 Water System Improvements Project (Bid No.
9899-26) for a credit of$23,959.81 (City Manager)
B. Waive bidding requirements and award contract for water line relocation at the JTA
Mayport Road Flyover project to Superior Construction, Inc., in the amount of
$387,914.18 (City Manager)
C. Award contract to The Milestone Company in the amount of$41,110.12 for milling
• and paving of certain streets (City Manager)
•
Page Three AGENDA June 26, 2000
D. Approve the conceptual plan for the construction of the Jordan Park Community
Center; waive the purchasing requirements and authorize staff to coordinate with
Beaches Habitat for the design and construction of the center; authorize the city to
purchase all material at a cost not to exceed $45,000 (City Manager)
E. Discussion and related action concerning the ban on use or discharge of fireworks,
flares, explosives, sparklers, or outdoor burning devices (Mayor)
F. Waive the formal bidding procedures and authorize expenditure of funds in an amount
not to exceed $20,000 for modifications to City Hall(City Manager)
9. City Manager Reports:
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
III If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,
such person may need a record ofthe proceedings,and,for such purpose,may need to ensure that a verbatim record ofthe proceedings
is made,which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior
to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However,any agenda
subject,regardless of how the matter is stated on the agenda,may be acted upon by the City Commission.
In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special
accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,June 23,2000.
411
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC o 0
T T
• BEACH CITY COMMISSION HELD IN CITY HALL, 800 E E
SEMINOLE ROAD AT 7:15 PM ON MONDAY,JUNE 26, 2000 S S
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tern
Mike Borno
Theo Mitchelson
Dezmond Waters, Commissioners
AND: James Hanson, City Manager M S
Alan C. Jensen, City Attorney o E
T C
Maureen King, City Clerk I o Y
ONE N
N D S 0
COMMISSIONERS
The meeting was called to order by Mayor Meserve at 7:15 p.m. The
invocation was offered by Mayor Meserve, followed by the Pledge of
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
4111
June 12, 2000
Commissioner Borno pointed out a scrivener's correction regarding the
second to the motion for Item D, page 8.
Commissioner Waters inquired concerning attachments to the minutes
and City Clerk King stated that the attachments were filed with the
official minutes. BEAVER X
BORNO X X
Motion: Approve the minutes of the Regular Meeting held MITCHELSON X X
June 12, 2000 as corrected. WATERS X
MESERVE X
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
A. Mort Hanson, Beaches Sea Turtle Patrol (City Commission)
City Manager Hanson reported that Mr. Mort Hanson of the Beaches
Sea Turtle Patrol was unable to attend the meeting, but would be present
at the next meeting.
ill B. Recognition of Teen Council Members (Commissioner
Mitchelson)
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June 26, 2000 ONE N
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Mayor Meserve praised the Teen Council Members and thanked them
for their service to the city. Commissioner Mitchelson, Commission
liaison to the Teen Council, presented appreciation plaques to the
following Teen Council Members and adult advisors: Dr. Jamie Fletcher,
Timmy Johnson, Casey Quinif, Megan Bush, Matilda Anderson, Jessica
Sales, Stephanie Grunthal, Ashley Frohwein, and Connor Shaughnessy.
Nancy White of 1729 Seminole Road thanked the Commissioners and
Code Enforcement Officer VanderWal for helping resolve a recreational
vehicle parking problem previously brought before the Commission.
J.P. Marchioli of 414 Sherry Drive commented on the following: the
recent sewage spill at the Buccaneer Wastewater Treatment Plant, (Item
3B) he felt it would be a waste of money to move the log cabin, (Item
4B(ii)) he inquired as to where the street sweeper swept, since he had
never seen it on his street, and (Item 8F) felt that bidding procedures
should be waived only in emergencies.
Commissioner Beaver pointed out that the formal bidding procedure was
waived on Item 8F because the bid was sent to six contractors and only
4110 one responded. He stated that bid procedures were waived only with
justification.
Danny Thiele of 107 Azalea Place,Neptune Beach, thanked the
Commission for moving forward with sea turtle protection measures.
3. Unfinished Business from previous meeting
A. Follow-up report from the meeting of June 12, 2000 (City
Manager)
Merry-Go-Rounds
Commissioner Waters stated that he still favored merry-go-rounds for
parks and requested that the city look into the type that a child sits in and
are cranked by a gearshift. He also requested a list of claims paid by the
city's insurance company over the past twenty years due to accidents
caused by merry-go-rounds.
B. Discussion and related action regarding the log cabin on
Seminole Road (Commissioner Waters)
IIIII Motion: Accept the Hazard log cabin as a gift, move the WATERS X
building near the entrance to Dutton Island setting it up as a MESERVE X
period piece from the early 1900's to serve as a self-contained
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museum and later to be used as a kiosk for Dutton Island
Preserve.
Discussion of preservation of historic buildings ensued. Commissioner
Waters believed the log cabin was worth saving and pointed out that it
was constructed by Mr. Hazard from wood produced by his own mill.
Commissioner Beaver indicated that Building Official Ford and he had
looked at the building and Mr. Hunt had agreed to dismantle all portions
of the building, except the log cabin, to see if it was structurally sound
enough to be moved. Commissioner Beaver further stated that he could
not vote tonight since he felt it would be cost prohibitive to move the
building.
Commissioner Mitchelson felt the building lacked historical significance
and opposed saving it. Mayor Meserve concurred and commented that
he had spoken to Dwight Wilson of the Beaches Historical Society and
he felt the log cabin was not representative of early beaches construction.
After further discussion, the second and motion were withdrawn.
410 It was the consensus of the Commission to further investigate the cost of
moving the building and bring this item back to the next Commission
meeting for discussion and related action..
4. Consent Agenda:
A. Acknowledge receipt of monthly reports:
Police and Animal Control Departments
Utility Sales (City Manager)
B. Approve one-year extension of the following contracts:
(i) Contract with Jones Chemical, Inc., for the purchase
of Chlorine and Sulfur Dioxide pursuant to the
specifications of Bid No. 9899-24
(ii) Contract with USA Services of Florida, Inc., in the
amount of$19,278, for street sweeping pursuant to the
specifications of Bid No. 9798-32
(iii) Contract with RUS of Gainesville/Lakeland for
uniform rental/cleaning for Public Works Employees
pursuant to their bid submitted under Bid No. 9798-22
(Re-bid) (City Manager)
C. Award contract to Meadors Construction Company in the
. amount of$64,460 for Clarifier Walkways and Railings at
wastewater treatment plant No. 1, pursuant to the
specifications of Bid No. 9900-16 (City Manager)
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Commissioner Waters requested that Item A - Utility Sales be removed
from the Consent Agenda for further discussion.
BEAVER X X
Motion: Approve Consent Agenda Items B and C as BORNO x
MITCHELSON X
recommended.
WATERS X X
MESERVE X
Commissioner Waters inquired if the percent of water loss mentioned in
the Utility Sales report was of importance. City Manager Hanson
reported that it was important and indicated that the single biggest loss
was caused by defective large commercial meters. He stated that it was
his goal to lower the current loss rate of 15.07%to the EPA acceptable
level of 10%, or lower.
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
There were no Committee Reports.
6. Action on Resolutions:
• A. Resolution No. 00-11
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING THE BETTER
JACKSONVILLE PLAN AND URGING ATLANTIC
BEACH RESIDENTS TO VOTE IN FAVOR OF THE
PROPOSED HALF-CENT SALES TAX INCREASE (City
Commission) BEAVER X X
BORNO X X
Motion: Adopt Resolution No. 00-11. MITCHELSON X
WATERS X
There was no discussion, the motion carried unanimously. MESERVE X
7. Action on Ordinances:
A. Ordinance No. 70-00-14 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA,AMENDING CHAPTER 20, TAXATION, OF
THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, BY ADDING ARTICLE V.
ADDITIONAL HOMESTEAD EXEMPTION FOR
PERSONS SIXTY-FIVE (65) AND OLDER, AND
PROVIDING AN EFFECTIVE DATE (City Commission) BEAVER X
BORNO X X
ID Motion: Adopt Ordinance No. 70-00-14 on final reading. MITCHELSON X X
WATERS X
MESERVE X
Mayor Meserve opened the public hearing and invited comments from
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the audience.
J.P. Marchioli of 414 Sherry Drive thanked the Commission for
adopting the ordinance.
No one else spoke in favor of or in opposition to the ordinance and
Mayor Meserve declared the public hearing closed.
There being no further discussion, the motion carried unanimously.
B. Ordinance No. 75-00-14 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA,AMENDING CHAPTER 21, TRAFFIC AND
MOTOR VEHICLES,ARTICLE II, STOPPING,
STANDING AND PARKING, DIVISION 1, GENERALLY,
SEC. 21-19, COMPLIANCE WITH SIGNS PROHIBITING
PARKING REQUIRED,AND SEC. 21-25, REMOVING
AND IMPOUNDING,TO ADD LANGUAGE TO INCLUDE
OFFICIAL MARKINGS ON A CURB, AND PROVIDING
AN EFFECTIVE DATE (Commissioner Waters) BEAVER X
0
BORNO X X
Motion: Approve passage of Ordinance No. 75-00-14 on first MITCHELSON x
reading. WATERS X X
MESERVE X
Commissioner Waters commented that for uniformity in the Town
Center area, he would like the City of Neptune Beach to pass a similar
ordinance. Public Safety Director Thompson indicated that he would
provide the City of Neptune Beach with the information.
Mayor Meserve indicated that the final reading and public hearing would
take place on July 10`h
There being no further comments, the motion carried unanimously.
C. Ordinance No. 95-00-74 - Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER
11,NOISE, OF THE ATLANTIC BEACH CODE OF
ORDINANCES,AND PROVIDING AN EFFECTIVE DATE
(City Manager)
BEAVER X
Motion: Approve passage of Ordinance No. 95-00-74 on first BORNO X
IIreading.
Discussion ensued regarding the ordinance and some minor changes
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were made to the language.
City Attorney Jensen advised that this was not a first reading of the
ordinance since it was not written in ordinance form. The second and
motion were withdrawn by Commissioners Borno and Beaver
respectively.
Mayor Meserve suggested that the Commissioners pass any further
comments and suggestions to the City Manager to be included for the
first reading of the ordinance on the next agenda.
D. Ordinance No. 58-99-26 - Reintroduction
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING THE RETIREMENT SYSTEM ORDINANCE
TO DELETE ALL REFERENCE TO FIRE AND POLICE
AND ESTABLISH SEPARATE PENSION PLANS FOR
POLICE EMPLOYEES AND GENERAL EMPLOYEES
(Pension Board) BEAVER X
BORNO X X
MITCHELSON X
Motion: Approve passage of Ordinance No. 58-99-26 on first WATERS X X
• reading. MESERVE X
Human Resource Manager Foster explained the changes to the ordinance
as listed in his memo dated June 21, 2000 which is attached and made
part of this official record as Attachment A.
A brief discussion ensued and it was the consensus of the Commission
that Human Resource Manager Foster incorporate the original ordinance
with the proposed ordinance to make one document for the second
reading. It was requested that he also provide a brief summary of the
changes to the Commissioners.
Mayor Meserve indicated that the final reading and public hearing would
take place on July 10`h
There being no further discussion, the motion carried unanimously.
8. Miscellaneous Business:
A. Approve Final Change Order in 1999 Water System
Improvements Project(Bid No. 9899-26) for a credit of BEAVER X
$23,959.81 (City Manager) BORNO X X
• X X
Motion: Approve Final Change Order in 1999 Water System MITCHELSON
WATERS X
MESERVE X
Improvements Project (Bid No. 9899-26) for a credit of
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$23,959.81.
There was no discussion and the motion carried unanimously.
B. Waive bidding requirements and award contract for water
line relocation at the JTA Mayport Road Flyover project to
Superior Construction, Inc., in the amount of$387,914.18
(City Manager)
Motion: Waive bidding requirements and award contract for BEAVER X
water line relocation at the JTA Mayport Road Flyover BORNO X X
project to Superior Construction, Inc., in the amount of MITCHELSON X
$387,914.18. WATERS X X
MESERVE X
Commissioner Beaver inquired as to the Florida Department of
Transportation(FDOT) maintenance issues mentioned in
Public Works Director Kosoy's memo dated June 20, 2000. The memo
is attached and made part of this official record as Attachment B.
Public Works Director Kosoy indicated that the main issues included
• mobilization and traffic maintenance on Mayport Road, which created
an inability to complete more than 100' of work during each day. City
Manager Hanson explained the time constraints involved with the
project, and the choice of Superior Construction Company to complete
the waterline relocation.
Discussion of the costs ensued. Commissioner Beaver inquired as to the
status of utility fund reserves to cover the project. City Manager Hanson
indicated that reserves were established at 25% of operating revenues for
the year, plus additional reserves for the core city project. City Manager
Hanson indicated that he would continue dialogue with the JTA to see if
the costs could be lowered.
Public Works Director Kosoy distributed a color coded map illustrating
the relocation of the waterline and explained that because of space
limitations, the water line would have to be relocated into the road.
Commissioner Borno inquired if the matter of the hump on Plaza at
Mayport road had been resolved. City Manager Hanson reported that the
JTA had made a commitment to help the city with this, but had not yet
provided the final engineering costs. He indicated that this item was
included in the Memorandum of Understanding.
• There being no further discussion,the motion carried unanimously.
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C. Award contract to The Milestone Company in the amount of
$41,110.12 for milling and paving of certain streets (City
Manager)
BEAVER X X
Motion: Award contract to The Milestone Company in the BORNO X x
amount of$41,110.12 for milling and paving of certain W TCHELSON X
streets. WATERS X
MESERVE X
Commissioner Beaver inquired concerning the streets which had been
excluded and Public Works Director Kosoy explained that those streets
were scheduled for drainage improvements within the next few years and
therefore, would not be paved at this time.
There being no further discussion,the motion carried unanimously.
D. Approve the conceptual plan for the construction of the
Jordan Park Community Center; waive the purchasing
requirements and authorize staff to coordinate with Beaches
Habitat for the design and construction of the center;
authorize the city to purchase all material at a cost not to
• exceed $45,000 (City Manager)
Motion: Approve the conceptual plan for the construction of BEAVER x
the Jordan Park Community Center; waive the purchasing BORNO X
requirements and authorize staff to coordinate with Beaches
Habitat for the design and construction of the center; and
authorize the city to purchase all material at a cost not to
exceed $45,000.
Commissioner Waters indicated that he would like to see a sketch of
what the exterior of the building would look like.
Commissioner Mitchelson inquired if the proposed floor plan of the
building allowed for future expansion of the building. City Manager
Hanson indicated that the building was expandable.
Discussion ensued and it was the consensus of the Commission that more
information was needed and should include a conceptual drawing of the
exterior of the building, appropriate signage for the exterior of the
building, and budget information.
Following further discussion, the second and motion were withdrawn by
• Commissioners Beaver and Borno respectively.
Parks and Recreation Director Johnson indicated that he would provide
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the requested information for the last meeting of July.
E. Discussion and related action concerning the ban on use or
discharge of fireworks, flares, explosives, sparklers, or
outdoor burning devices (Mayor)
Motion: Follow the recommendations of the City of BEAVER X
Jacksonville Emergency Management Center for Duval BORNO x x
MITCHELSON X X
County. WATERS X
MESERVE X
Commissioner Borno inquired as to the violations of the current ban and
Public Safety Director Thompson indicated that there had been a few
violations, but overall the citizens were complying very well.
Following further discussion, the motion carried unanimously.
F. Waive the formal bidding procedures and authorize
expenditure of funds in an amount not to exceed $20,000 for
modifications to City Hall (City Manager)
BEAVER X
• Motion: Waive the formal bidding procedures and authorize BORNO X X
X X MITCHELSON
W
expenditure of funds in an amount not to exceed $20,000 for WATERS X
modifications to City Hall. MESERVE x
City Manager Hanson explained the request in detail. Commissioner
Waters indicated that he liked the openness of the reception area and
wanted to retain as much of the open space as possible.
There being no further discussion, the motion carried unanimously.
9. City Manager Reports:
JTA Retention Pond
City Manager Hanson provided information concerning the proposed
additional retention pond to be located directly south of the new hotel
currently under construction on Mayport Road. Commissioner Beaver
stated that he would like the city to be aggressive concerning the
aesthetics of the area.
Mayor Meserve agreed with Commissioner Beaver if the retention pond
stayed at that location. However, Mayor Meserve suggested it would be
0 better if the city looked for an alternate site for the retention pond.
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10. Reports and/or Requests from City Commissioners and City
Attorney
Commissioner Beaver
Tree Board Issues
• Requested that Aikenhead and Odom involve the Tree Board
with the core city project as soon as possible.
• Reported that the Tree Board members had requested that
consideration be given to appointing a person with landscape
knowledge to the Tree Board.
• Reported that the Tree Board wished to develop a list of historic
trees in the city and to establish a Historical Tree District. He
further requested that the Commission commit funds for a tree
survey. The Commission concurred with this request.
Commissioner Borno
fa • Reported that he had attended a Gas Franchise meeting last week
and had learned that it may take two to three years to negotiate an
agreement.
Commissioner Mitchelson
• Inquired if anyone attended the JTA Mass Transportation
Meeting held June 15, 2000 and if they had, inquired concerning
the outcome of the meeting.
Commissioner Borno stated that he attended the meeting. He
indicated that future meetings would be held on an on-going
basis to receive citizen input, and the next meeting would also be
held in Atlantic Beach. During the June 15`h meeting input was
received on making mass transportation more appealing.
Commissioner Mitchelson requested that he be notified so he
could attend the next meeting.
Commissioner Waters
• • Requested additional information on the proposed noise
abatement at Buccaneer Wastewater Treatment Plant.
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Public Works Director Kosoy indicated that bids for the
enclosures were due on June 30, 2000.
City Manager Hanson reported that the city had installed an air
conditioning unit in the home of Jane Aukens, the lady most
affected by the noise. He explained that her home had no air
conditioning and she could not escape the noise coming from the
plant at night through her open windows.
Mayor Meserve
• Commented that proper procedures had been followed by city
workers concerning the noise and other issues at the Wastewater
Treatment Plant.
• Reported that he had attended a meeting of the Jacksonville
Economic Development Commission and that Jeannie Fewell,
who is in charge of planning for the Mayport Road area, had been
approached by a citizens committee to beautify and pursue
economic development along Mayport Road.
SIt was further reported that a potential for the area, was to receive
a Community Redevelopment Area(CRA) designation, which
would allow receipt of funding through tax increment funding.
Mayor Meserve suggested working with the City of Jacksonville
for common zoning and redevelopment of the area., and stated
that Ms. Fewell and Mike Wienstein of Mayor Delaney's staff,
had suggested that the Mayor, with Commission approval, get
everyone in the area(City of Atlantic Beach, the Navy, the
Chamber of Commerce and Mayport Waterfront Partnership)
involved to request funding from the City of Jacksonville
Economic Development Commission to upgrade the area.
Mayor Meserve requested a sense of the Commission and it was
the consensus of the Commission that he contact Mayor Delaney
and pursue this funding for improvements to the Mayport Road
area through the City of Jacksonville Economic Development
Commission.
• Reported that he would be on vacation from July 5`h through the
23`d and would miss the July 10`h Commission Meeting.
0 • Mayor Meserve recognized Roger Sharp of the JTA who entered
the meeting. Mr. Sharp inquired concerning Item 8B and
indicated that the JTA would try to reduce its costs to the city
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and would further investigate what could be done to eliminate
the hump on Plaza at Mayport Road.
There being no further discussion or business to c,me before the
Commission, the Mayor declared the es eeting adj. rned at 9:28 p.m.
.hn Meserve
ay r/Presiding Officer
ATTEST:
Maureen King 11
Certified Municipal (;le�k
•
•
ATTACHMENT A
JUNE 26, 2000 COMMISSION MEETING
• June 26, 2000
• CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
ITEM: Reintroduction of Ordinance 58-99-26, Change to Code of
Ordinances, Article VI, Employee Benefits, Division 3, Retirement
System, for First Reading.
SUBMITTED BY: George Foster, Human Resource Manager
DATE: June 21, 2000
BACKGROUND: In October 1999, the City Commission conducted a first reading of
proposed Ordinance No. 58-99-26 to change the City's Pension
Plan and establish separate General Employee and Police Employee
pension plans, as mandated by the State.
In February 2000, the City Commission was advised that an
actuarial impact statement had been received indicating the cost of
the changes (enhancements) included within Ordinance 58-99-26
• would be approximately $12,528.00 annually or slightly over 1% of
the police payroll. As these enhancements were not mandatory
until additional State Sec 185 funding became available, the City
• Commission advised staff that changes should be delayed until such
time as additional State Sec 185 funding became available.
Ordinance 58-99-26 has been rewritten to exclude these changes.
A new section (Sec 2-302A) has been added listing all changes
(enhancements) which must be considered for implementation by
the City Commission upon receipt of additional Sec 185 funds over
those received for the 1997 base year. Note: Sec 185 funds
received in 1997 were $70,289 and in 1998 were $68,048.
RECOMMENDATION: City Commission conduct a first reading of proposed ordinance and
schedule a public hearing for June 26, 2000.
FUNDING: No funds are required for this action. Upon receipt of additional
Sec 185 funds, enhancements will be forwarded to the City
Commission for consideration of adoption.
CITY MANAGER:
/ _
• Attachment: 1. Summary or Enhancements /
2. Proposed Ordinance
3. Current City Retirement Code
•
COST OF BENEFIT ENHANCEMENTS: 7D
June 26, 2000
To the extent that additional premium(Sec. 185)tax dollars over those received for calendar
• year 1997 become available to incrementally fund the cost of enhancements, the following
benefits, as required by FS 185, shall be considered by the City Commission.
(a) Normal Retirement. A normal retirement benefit for members who have attained the age
of fifty-five (55) years and have ten.(10) or more years of creditable service shall be
established.
Annual recurring cost: .30% of salary or$3,056
(b) Normal Retirement - Ten(10)year period certain. A normal Retirement benefits will
be paid for a ten (10) year period certain and life. In the event the officer dies after
retirement but before receiving retirement benefits for a period often(10)years,the same
monthly benefit will be paid to the beneficiary for the balance of such ten (10) year
period, or if no beneficiary is designated, to the estate of the police officer.
Annual recurring cost: .45% of salary or $4,583
(c) Early Retirement. A member who has attained the age of fifty (50) years and has ten
years of credited service in force, shall be eligible for an early retirement. The amount
of an early retirement benefit shall be calculated as provided in Sec. 2-281A(a)taking into
account credited service to the date of actual retirement and final monthly compensation
• as of such date. Such amount of retirement income shall be actuarially reduced to take
into account the participant's younger age and earlier commencement of retirement
income payments. In no event shall the early retirement reduction exceed three percent
(3%) for each year by which the member's age at retirement preceded the member's
normal retirement age.
Annual recurring cost: .22% of salary or $2,241
(d) Early Retirement - Ten(10)year period certain. An Early Retirement Benefit benefits
will be paid for a ten(10) year period certain and life. In the event the officer dies after
retirement but before receiving retirement benefits for a period often(10)years,the same
monthly benefit will be paid to the beneficiary for the balance of such ten (10) year
period, or if no beneficiary is designated, to the estate of the police officer.
Annual recurring cost: .14% of salary or $1,426
(e) Deferred Retirement upon Separation. Any police officer who has been in the service
of the city for at least ten(10)years elects to leave his or her accrued contributions in the
plan, such police officer upon attaining age fifty(50)years or more, may retire under the
provisions as set out for an Early Retirement.
411 Annual recurring cost: .05% of salary or $509
ATTACHMENT 1
• 7D
•
•
(f) Deferred Retirement-Ten(10)year period certain. Such benefits will be paid for a tene 26, 2000
• (10)year period certain and life. In the event the officer dies after retirement but before
receiving retirement benefits for a period often(10)years,the same monthly benefit will
be paid to the beneficiary for the balance of such ten(10)year period, or if no beneficiary
is designated, to the estate of the police officer.
Annual recurring cost: .03% of salary or$306
(g) Disability Retirement - Ten (10)year period certain. Such benefits will be paid for a
ten (10) year period certain and life. In the event the officer dies after retirement but
• before receiving retirement benefits for'a period of ten (10) years, the same monthly
benefit will be paid to the beneficiary for the balance of such ten (10) year period, or if
no beneficiary is designated, to the estate of the police officer.
Annual recurring cost: .03% of salary or $306
(h) Employee death - Ten(10)year period certain. If any police officer having at least ten
(10)years of credited service dies prior to retirement, his or her beneficiary is entitled to
the benefits otherwise payable to the police officer at early or normal retirement age.
Annual recurring cost: .01% of salary or $102
•
ATTACHMENT 1
7D
ORDINANCE NO 58-99-26
June 26, 2000
•
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA,AMENDING CHAPTER 2,ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, TO COMPLY
WITH RECENT AMENDMENTS TO THE FLORIDA
STATE STATUTES, SEPARATING THE RETIREMENT
SYSTEM INTO A GENERAL EMPLOYEE PLAN AS
DIVISION 3,AND CREATING A POLICE OFFICER PLAN
AS DIVISION 4; PROVIDING IN DIVISION 3 OF THE
GENERAL PLAN FOR DELETION OF ALL REFERENCES
TO POLICE OFFICER OR FIREFIGHTER AND
CHAPTERS 175 AND 185 OF THE FLORIDA STATUTES;
PROVIDING FOR A SINGLE BENEFIT GROUP;
PROVIDING FOR THE MAKE UP OF BOARD OF
TRUSTEES; PROVIDING FOR TRUSTEES' TERMS OF
OFFICE; PROVIDING FOR FILLING A BOARD
VACANCY; PROVIDING FOR THE CREATION OF
DIVISION 4, POLICE OFFICER RETIREMENT PLAN;
PROVIDING FOR COMPLIANCE WITH THE
REQUIREMENTS OF CHAPTER 185 OF THE FLORIDA
STATUTES; PROVIDING FOR THE DEFINITION OF
• SPECIFIC TERMS; PROVIDING FOR A BENEFIT
GROUP; PROVIDING FOR A BOARD OF TRUSTEES,
THEIR DUTIES, COMPOSITION, TERMS OF OFFICE,
FILLING OF VACANCIES, AND ACTUARIAL
RESPONSIBILITIES; PROVIDING FOR MEETING
REQUIREMENTS, QUORUM, VOTING, AND
COMPENSATION;PROVIDING FOR THE ELECTION OF
BOARD OFFICERS AND EMPLOYMENT OF
INDEPENDENT ADVISORS; PROVIDING FOR
MEMBERSHIP REQUIREMENTS; PROVIDING FOR
CREDITED SERVICE,LOSS,AND REINSTATEMENT OF
SAME; PROVIDING FOR MILITARY SERVICE CREDIT;
PROVIDING FOR VOLUNTARY RETIREMENT AND
EMPLOYMENT AFTER RETIREMENT; PROVIDING
FOR DISABILITY RETIREMENT BENEFITS;
PROVIDING FOR PERIODIC REEXAMINATION OF
DISABILITY RECIPIENTS; PROVIDING FOR A
STANDARD PENSION BENEFIT AND OPTIONAL
PENSION BENEFITS; PROVIDING FOR SURVIVOR
PENSION BENEFITS; PROVIDING FOR COMPLIANCE
• WITH THE INTERNAL REVENUE CODE AS TO
• MAXIMUM BENEFITS; PROVIDING FOR
SUBROGATION; PROVIDING . FOR CITY AND •
EMPLOYEE CONTRIBUTIONS; PROVIDING FOR THE
ATTACHMENT 2
•
7D
PROHIBITION OF ASSIGNMENTS; PROVIDING FOR A June 26,•2000
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY;
• PROVIDING FOR CODIFICATION AND PROVIDING
- FOR AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic:Beach,Florida has an interest in the future retirement of its
employees and wishes to improve the retirement system whenever feasible; and -
WHEREAS,.the City of Atlantic Beach, Florida recognizes the requirement to ensure
compliance of its pension ordinance and all sections thereof with all State and Federal laws governing
. governmental pension plans; and
WHEREAS,the Legislature of the State ofFlorida made significant amendments to Chapters
175 and 185 of the Florida statutes that require amending the Code of Ordinances of the City of
Atlantic Beach, and •
WHEREAS, Firefighters are no longer employed by the City of Atlantic Beach; and
• WHEREAS, Chapter 2, Administration, Article VI, Division 3, Retirement System, of the
Code of Ordinances of the City of Atlantic Beach, Florida, must comply with all State and Federal
laws governing pension plans it is hereby amended as follows:
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 2, Administration, Article VI, Division 3, Retirement System of the Code of
Ordinances is hereby amended as follows:
•
• 2
•
DIVISION 3. GENERAL EMPLOYEE RETIREMENT SYSTEM 71)
•
Sec. 2-262. Definitions. June 26, 2000
• Actuarial equivalent shall mean • -• • • .- • - • - . - - •. . - that anybenefit
q e efit
payable under the terms of this plan in a form other than the standard form of benefit for
members shall have the same actuarial present value on the date payment commences as such
:standard form of benefit. For the purpose of establishing the actuarial present value of any -=
form of payment, all future payments shall be discounted for interest and mortality by using
the 1983 Group Mortality Table, with ages set ahead five(5)years in the case of disability.
City employee shall mean any person in the employ of the city, other than Police Officers .
and Firefighters. .
Compensation shall mean the salary or wages paid a member for personal service
rendered the.city. Compensation shall include base salary or wages, longevity pay, overtime
pay, cost of living payments, salary or wages while absent from work on account of vacation;
holiday,or illness, and full-time police officer's salary will also include incentive pay as
• - -. ' • • - ': . • •.. • - . Compensation shall not include redemptions or
payments in consideration of unused vacation time or sick leave, the value of any fringe
benefit,uniform allowances,equipment allowances,reimbursement of expenses,or any other
item not specifically included.
Firefrgh , -. . • - .loy-- ' - - • -•. - •• • ' . - eflghter
• 111 cl L,Oi IOviSIOfS Se . • : , • ••• • • , • • •• • • • - • r
of f i efighter or-higher, i o .. • • j .11 viol
.. - • • ••• •. • • -Inployee employe - , . • .- • - • • •-. .
a-fire-fighter for lne,geacy, or any p • . '•. - • - • • •-• • . - b - .
• • . - • • • nlploy-- - . • .-• • • - •. ' - • -•. ent'whois
certified-or-requiredrcemeut office, iii conip ' tions •
943.13 and •= . =, • '•. • • - , . • •• • • • - • • •. .1 officer or highei;
including pi ice officershall-not-include any civilian city
- • • • - - . • •-. ' he police-depai ti►Ient Iy-p- • - • • •-• • • •• • - •• - • •
- ., • • • .- • • •. - • - • • •-. . IS - . - .
Retirement shall mean an employee's separation from city employment as an employee
with immediate eligibility for receipt of benefits under the retirement system.
Sec 2-263. Benefit groups. •
(a) The following benefit groups are is hereby designated for the purpose of determining
a retirement system member's applicable.benefit eligibility conditions and benefit amount:
(1) Benefit group general shall consist of all members not included in one-of he-benefit
groups whish-follow; another city pension plan.
3
• mm A �TTTicT?AT'r
•
•
•
(2) •: - - _ • II - . • •
.. 7D
•
ne 26, 2000
4110 • •
(b) Benefit eligibility condition shall be based on the member's benefit group at the time
• of termination of city employment. Benefit amounts shall be based on the amount of credited
service acquired in each benefit group general.
•
Sec. 2-266. Same-Composition.
The board of trustees shall consist of five (5) trustees as follows:
(1) Two(2)residents ofthe city•to be selected by the city commission and serve at the
pleasure of the city commission,who may also serve as trustees ofthe police officer
retirement system created in division 4 hereof;
•
(2) One(1)Two(2)members of the retirement system who is-either a police officer of
• a f rcfigliterare employees of the city, but not the chief of either depai tinent police
officers or firefighters, to be elected by the members of the retirement system who
are also police ufficei s o, f11 efiglrtci s similarly situated employees of the city;
(3) One (1) member of the • - •• • • -• - • .• . - • . - • . •
- • - .- • - ;- • - - - - -. - • -- - - -- . • - - .- •
the retirement systeinwho ate neitherpolice officers-or ,
(4)f) One (1) resident of the city to be selected by the other four (4) members of
• the board of trustees, and whose appointment shall be confirmed by a vote of
the city commission.
The elections provided for in subsections (2) and (3) of this section shall be held in
accordance with such rules as the board of trustees shall from time to time adopt.
Sec. 2-267. Same—Term of office; oath of office.
The regular term of office of a member of the board of trustees shall be four(4)years for
civilian members, and four (4) years for employee representatives, unless they terminate
•
employment, whereupon a new election will be held by the members of the plan to fill the
unexpired term of their trustee representatives, and one (1) year for the trustee selected by
the other four (4) members of the board. Each trustee shall, before assuming the duties of
• trustees, qualify by taking an oath of office to be administered by the city clerk, whereupon
a trustee's term of office shall begin. However, upon the expiration of the terms of the
civilian trustees and employee representative trustees in office at the time this article is
adopted, the term of the next succeeding civilian member shall be for one (1)year and the
term for the next succeeding polic- • • - • - - -- - . ••- . .- • •••
•-. . 1 - • • - - .. -- o • -.• - • • - • - - - employee
•representative shall be for three (3) years, with all civilian member and employee
•
4
representative trustees having four-year terms thereafter. 7D
•
June 26, 2000
Sec. 2-271. Membership.
•
(d) Effective June 1, 1999t all firefighter employees of the City of Atlantic Beach are
hereby consolidated into the City of Jacksonville Fire Department. On execution of this
action, City of Atlantic Beach firefighter employees became members of the City of
Jacksonville Police and Fire Pension Fund with full rights and benefits in accordance with
Chapter 121, City of Jacksonville Ordinance Code, and with other applicable law. Such
consolidation is in accordance with Resolutions 95-944-256 and 98-1006 of the City of
Jacksonville, which provide for an Interlocal Agreement between the Cities of Jacksonville
and Atlantic Beach entered into by these Cities effective on the 1st day of June 1999., and the
City of Jacksonville's Ordinance 1999-472-E, which was enacted on the 25th day of May,
1999 and approved on the 15t day of June 1999.
Sec. 2-272. Credited service.
Service rendered by a member of the retirement system shall be credited to the member's
individual credited service account in accordance with rules the board of trustees shall from
time to time prescribe and in accordance with.the applicable provisions of Chap
185, the Florida Statutes. .In no case shall more than one (1) year of credited service be
credited on account of all service rendered by a member in any one period of twelve (12)
consecutive calendar months. Service shall be credited to the nearest one-twelfth of a year.
Service shall be credited for the total number of years, and fractional parts of years, of service
of the member.
•
Sec. 2-275A. Military service credit.
(a) A member of the retirement system who leaves or left city employment voluntarily
or non-voluntarily to enter any armed service of the United States during time of war, period
of compulsory military service, or period of national emergency recognized by the city
commission shall have required periods of active duty credited as city service subject to the
following conditions:
(1) The member is re-employed by the city ; • - • . • . • as provided
• in the Uniformed Services Employment and Reemployment Rights Act(USERRA)
after the date of termination of such active duty;
• (2) In no case shall more than six-(6)-the years of service provided for in USERRA be
credited on account of all military service.
(3) Notwithstanding any provision ofthis article to the contrary,contributions,benefits,
and service credit with respect to qualified military service will be provided in
accordance with USERRA and Section 414(u) of the Internal Revenue Code.
(b) The board of trustees shall determine the amount of service to be credited a member
..
5
ATTACHMENT 2
under the provisions of this section and USERRA. 7D
(c) Employment after retirement: June 26, 2000
. .
(1)• Any person who has retired. as a member of this retirement system may be
reemployed by the city in a position normally requiring less than 1000 hours of
work per annum or in a position not covered by this pension plan and receive
retirement benefits from his/her previous employment and compensation from
his/her reemployment.
• (2) Any person who has retired as a member of this retirement system and is
subsequently.reemployed by the city in any position normally requiring 1000 hours
• or more of work per annum in a position covered by this pension plan shall have
his/her pension benefit suspended during the period of such reemployment and shall
• receive additional credited service from his/her reemployment.
Sec. 2-276. Voluntary retirement conditions; employment after retirement.
(a) A member of the retirement system may retire upon satisfaction of each of the
following requirements:
(3) The member has met one-of the age and service requirements for retirement
specified in subsection (b) . .. .• - • - - •- .- - •• •.
411 Upon retirement, a member shall be paid a pension computed according to the applicable
subsections of section 2-281.
(b) The age and service requirements for voluntary retirement ares:
(1) Benefit group file. The member has attained age fifty (50)yea's or older and has
••
attained age siAty (60) yea's o . • - , . . •- . - •-. . -•' -•
- / I 1111 - - .- . . • -• . - ' • j .-. . • •- • • d.
••" • • o • • - •-. -•' -• - - ' . he member at any age has
I . - •-. I -• -• - .• - ' • -, • , - - .- .
or older, an. . • - • - .-. • -11* -•
• • :- - • . - •- • • -• age sixty(60) years or older, and
has-five (5) or more years of credited service in force.
1111
6
ATTACHMENT 2
Sec. 2-278. Deferred retirement upon separation from employment (vesting). 7D
(b) The credited service requirement for separation from city employment°wit i6' 2000
0. •
entitlement to deferred retirement is: •
(2) Benefit group- police: Five(5)years;
(3) Benefit group general. Ffive (5) years.
Sec. 2-279. Disability retirement—General conditions for eligibility.
(a) A member having five(5) or more continuous years.of credited service and having
contributed to the retirement system for five(5)years or more may retire from the service of
the city if he becomes totally and permanently disabled as defined in subsection(b)by reason
of any cause other than a cause set out in subsection (c). Such retirement shall herein be
referred to as"disability retirement". - •- •-. -1• - - • • -11• - -
- • _ 9-
•-
._ ••• - 9- - I - • • - •_- • /- . •• - I - • •-. • -•• -I
bGrvice.
• - . • /• •59 • • /- • - 1• • /• • •, . 4 - -• • / - • • •
•
:-
this section, , which is the result of or caused be tube'culosis, hepatitis,
. /- / - • -• • •veb- • / -1 • •- - • • • • 1 1 - - . , .
•
Shoal! / • • 9- - -••1- - • . 1 - / • - . 1 . •• • - - •-
9 ON -5 1911
•
• -, . • / • • • -1 • • reil,ber claiming di • /• • • • / - • 1 /- • • I
. .
1 • • • - • • • • • - - • 1. - / -1 • • •
(b) A member will be considered disabled if, in the opinion of the board of
trustees,the member is totally and permanently prevented from rendering useful and efficient
service- •
_ -
•
/• - • - , • - /- a /- - •• / /• . -, I
(3) Aas a city employee, • . - /- • /- - •• / :- - . .
. - - • • /• • - . • - • 91 • / • - /•• . • 1 -- • . - /-- •• •/ ed
• - • - • •• •, • . •• ./• • • , /- 1 - - 1 -1 • - /. • • - 1 _ 1 - • • 1
•
•
ATTACHMENT 2
- - - - -. .' -, , • • •.4 . . . - , . • • I. •• . • .•• - • - -.. . D
2000
•
•
•
• - • 1 . . . .. - - . . - . - .. - • . . . - _ - • .. - • • ,
- . I .. : • -1 • • -.. - . , - - • • . - . . •- • , I .
•
(e) The benefits payable to a member who retires from the service of the city with a
• total and permanent disability as a direct result of a disability commencing prior to his normal
retirement date is the monthly income computed according to the applicable subsections of
Section 2-281, • • . .• • . •. - • - , • •- ••• •- - • . . • - .:-
(g)
_-(g) If the board of trustees finds that a member who is receiving a disability retirement
income is, at any time prior to his normal retirement date, no longer disabled, as provided
herein,the board of trustees shall direct that the disability retirement income be discontinued.
Recovery from disability as used herein means the ability of the member to render useful and
efficient service as an employee of the city - • •• ii - - .
reemployed-by-the-city.
Sec. 2-280. Same—Continuation subject to re-examination; return to employment.
• (a) The Board of Trustees may require a disability retirant to undergo periodic medical
examination if the disability retirant has not attained - • • ••• • ' . • - age sixty (60)
years.
(1) Benefit grortp fn e: Age sixty-(60)years;
. .. ' • • ,: •-.
(3) Benefit-group oup general: Age sixty (60) years.
(c) A disability retirant who has been restored to employment with the city as provided
in subsection (a) shall again become a member of the retirement system. Service-shall-be
-,• -, • - •- ••, - .• . •• • • - • . ••. .-• _ •.•, . .• . •• • • .ension:
Sec. 2-281. Amount of level straight life pension.
(-0----Bent group f,e. Su.•- • - . - , - . .. • . -
pensiorroftheretii eineii • - - •- . •- -41. • - • • - •- •- - •. •
fire-credited sei vice iiiultip'-, • • -
wmpe,rsatio,i.
()) B • . .. • • - • • - : , - . .. • - .- • _•
• .: ,-
•- .• . .- -t..i • - - • • - •- .- - •. . •. - ultiplied
8
•
ATTACHMENT 2
•
• • t - - .,- - • - - • - .1 - •_- • •- . •• 7D
•
J n .26, 2000
(c. Benefit group general. Subject to section 2-285, the amount of level straig it life
• pension shall be equal to the retiring member's benefit group general credited service
multiplied by the sum of two and eighty-five hundredths (2.85) percent of the retiring
. member's final average compensation.
(dk Cost-of-living adjustment. All retirement system members and beneficiaries who
retired prior to January 1, 1997,shall receive a one-time cost-of-living adjustment,which shall
be in an amount equal to three (3) percent of the benefits paid to such retired members and
beneficiaries during the immediately preceding month.
Sec. 2-284. Alternate death while in city employment pension to spouse and/or
children.
(b) The person to whom the deceased member was married at the time of death shall
be paid a pension equal to a seventy five percent (75%) of the amount of level straight life
pension computed according to the applicable subsection of Section 2-281, based on the
deceased member's final average compensation and credited service. The percent shall be
• -• • . • - . • • . . • - • • ••• : ,- - .
(1) Benefit group fire: Seventy-five (75) percent,
(2) Benefit group police: Sev- •-• •- - ,
• • ^ i - - •• • - - . . - • - •- •- ,- -
A surviving spouse's pension shall terminate upon death.
(c) The deceased member's unmarried children under the age of nineteen (19) years,
or twenty-three(23) years if enrolled full-time as a student in an educational institution shall
each be paid an equal share of a level straight life pension computed according to the
applicable subsection of Section 2-281, based on the deceased member's final average
compensation and credited service. The percent shall be -• • . - . i• • . 1 - • . •••
percent .
• I - • : ,- - •• • _ • - '•• . ,- •g •-• ,..• •
•
•
dccorddnce with the pruvist• • • • - • • . •• • : •- - •• • •- •4 • •- •
• • •- •••• • • • •. - •• • • •• •• • ID - •• • ,
•
(2) Benefit group pi • . - • : •- - •• •' _ •- •• •: •- • • •-• _ •
• •. - .. - • • • • • • • - •• , • •- - • • •_ •- •• . •- ••
• • •' •••• • • • •. - •'• - • • •• •• • •• - •• • ,
(3) Benefit group general. Zzero (0) percent during periods a pension is being paid in
accordance with the provisions of subsection(b)-;pfifty(50)percent during periods a pension
9
ATTACHMENT 2
is not being paid in accordance with the provisions of subsection(b). 7D
A surviving child's pension shall terminate upon attainment of age nineteen(19)yetV8126, 2000
if over nineteen(19),but less than twenty three(23),upon no longer being enrolled as a full-
time student in an educational institution, marriage, or death, and the pension of each
.. remaining eligible child shall be recomputed.
Sec. 2-288. City contribution.
(a) The plan shall be funded by contributions from member contributions, as provided
in Section 2-298, . - • : • • ••• - . . •• . • : . , contributions
from the city and other income sources as authorized by law.
(b) . - . .' • • •- . . • . -. . • - IS . - . - -. . . . •. -.
•. •• • ♦• 1/ • . • , •• 1 • - . • - . - •• ' -11 ' • - • •
'
•• I • • OM - .. ... • • - . • • - • •• - . . - . . • - - . - IS
.1 -•- S ' • •- . -•• ' -• I . . •- • - . •. . I . . . . • 11-
'I
--. • . • . - IS •. -.
(c) City contributions shall be made to the plan, on at least a quarterly basis, in an
amount which,together with the member contributions provided for in section 2-298 and the
. - • - '• . - •' • . . -I • • . . - '• • • • other income sources as
authorized by law, sufficient to meet the normal cost of the plan and to fund the actuarial
deficiency over a period of not more than forty (40) years, as determined by the Florida
• Statutes required annual actuarial valuation.
Such contributions shall be computed as level percents of member payroll in accordance
with generally accepted actuarial principles on the basis of such rates of interest and tables of
experience as the board of trustees shall from time to time adopt.
. I S - - , .,. -. • • • • . • - . •- • - • ••'. -. - . . . •- - .. '
• - - 9 . 1 . •- . •- -. . • - . - • 9 - "119• . - . . . The
board shall annually certify to the city the contributions determined according to this section,
and the city shall appropriate and pay to the retirement system, the contributions so certified.
(dc) All benefits and expenses shall be paid in accordance with the provisions of this
pension plan and consistent with Florida Statutes and the Internal Revenue Code.
Sec. 2-290. Investment.of retirement system assets.
The board of trustees shall be the trustee of the monies and assets of the retirement
system: The board shall have full power and authority,in their sole discretion, to invest and
reinvest such funds as are not necessary for current expenditures or liquid reserves, as they
may from time to time determine. The trustees may sell, exchange, or otherwise dispose of
such investments at any time. The trustees shall have the authority, in respect to any stocks,
bonds,or other property, real or personal,held by them as trustees,to exercise all such rights,
powers and privileges as might be lawfully exercised by any person owning similar stocks,
•
10
ATTACHMENT 2
•
bonds, or other property in his own right. The trustees are authorized to D
•- - • • -• • - •• ' -• , . 41 invest in those stocks bonds
and other securities permitted by the investment policies or guidelines adopted by the trilifik3.6, 2000
(a) Delegation and Allocation of Investment Functions.
(1) The tTrustees shall have the power and authority to appoint one or more investment
managers who shall be responsible for the management, acquisition, disposition,
investing, and reinvesting of such of the assets of the tTrust fFund as the tTrustees
shall specify. Any such appointment may be terminated by the tTrustees upon
written notice. The fees of such investment manager shall be paid out of the tTrust
fEund. The tTrustees shall require that the investment manager acknowledge in
writing that it is a named-fiduciary with respect to the plan.
(2) In connection with any allocation or delegation of investment functions under this
section,the Trustees shall,from time to time,adopt appropriate investment policies
or guidelines, •• . . . . .• • '
175 and 185.
Sec. 2-291. Divisions Reserved.
. • • I -- ' •.•. .• • -
• - •- .. • • -
police officer , • • •• • -
members. S-•. . - . •• ' • - '• • - - ' - eiit system shall be
•• -•. . .- • • • ' •.
•.•. • •- -•• • -• • • •.• • - . . .. - • • •. • • I - . - - • 1 •
to the acco• ' - • • • - ment-syst:em ands • • •- • •-• . -• • _ .
Sec. 2-298. Member contributions.
. • - .- • .• • . • 9- - •. • - • .- • - . .- . • .
• • -• • •- •- •usa►idths (5.555) peicctit of baldly and by bcuef t giuup-police
•. • .' • • - 9- • •- -• .• - • - .. •.' . 1 • . • 1/- • •
-
•
two and tlu-- • • -• •• • • . ' • - , •- - • . • • • • • • • -
benefit group police-mem.- . •- • - • •• di • • • -• • -- •• • •
• - - ' - - • - - - ' - • ' • ti ibutious are made.
•
(ba) Member contributions for benefit group general shall be two (2) percent of salary
and said contribution shall be deducted from the member's pay and paid over into the
retirement system at the-same time asleast monthly - ' • • •• '• ••- • -
retirement-system.
• (cb) The City of Atlantic Beach shall assume and pay the member contributions set forth
•
11
ATTACHMENT 2
above in lieu of payroll deductions from members' earnings. No member shall have th7D
option of choosing to receive the contributed amounts directly instead of having them paid
by the city directly to the retirement system. All such contributions by the city slhI'Br 6, 2000
• deemed and considered as part of the member's contributions and subject to all provisions of
• this plan pertaining to contributions of members. Such contributions shall additionally be
considered as part of the member's compensation for purposes of determining final average
compensation and other benefits hereunder and for determining the member's hourly wage
rate for purposes ofFICA contributions,worker's compensation,and overtime compensation.
This city pick up of contributions is a result of a commensurate reduction of each member's
pay which occurred on January 1, 1997, and isintended to comply with Section 414(h)(2)of
the Internal Revenue Code.
•
• (dc) If an employee leaves the service'of the city before accumulating aggregate time
of five(5)years toward retirement and before being eligible to retire under the provisions of
this article he/she shall be entitled to a refund of all of his/her contributions made to the city
pension trust fund, plus any interest accumulated ata rate of interest determined annually by
the board of trustees, less any disability benefits paid to him/her. If an employee who has
been in the service of the city for at least five (5) years and has contributed to the pension
trust fund upon attaining the age as required in section 2-278, may retire with the actuarial
equivalent of the amount of such retirementincome otherwise payable to him/her.
(ed) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined by the
4111
iInternal rRevenue sService;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan
or IRA, and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid
(in such form and at such time as the distributing plan administration may
prescribe),
The distribution will be made in the form of a direct trustee-to-trustee transfer to the specified
eligible retirement plan.
Section 2. Chapter 2, Administration, Article VI, Division 4, Police Officer Retirement
System of the Code of Ordinances is hereby created as follows:
•
12
•
ATTACHMENT 2
DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM 7D
June 26, 2000
• Sec. 2-261A. Created, purpose.
The Police Officers' Retirement System is hereby created and established for the purpose of
providing pensions and death benefits for the Police Officers of the city and their dependents
in accordance with Chapter 185 of the Florida Statutes. The effective date of the retirement
system is on adoption of this ordinance. However, all benefits in existence under all previous
retirement systems or plans effective after December 22, 1975 shall remain in effect and be
included as a part of this retirement system.
Sec. 2-262A. Definitions.
• . The following words and phrases as used in this division shall have the following meanings
unless a different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in
a form other than the standard form of benefit for members shall have the same actuarial
present value on the date payment commences as such standard form of benefit. For the
purpose of establishing the actuarial present value of any form of payment,all future payments
shall be discounted for interest and mortality by using the 1983 Group Mortality Table,with
ages set ahead five (5) years in the case of disability.
S . Beneficiary shall mean any person who is being paid, or has entitlement to future
payment, of a pension or other benefit by the retirement system for a reason other than the
person's membership in the retirement system.
Board of trustees or board shall mean the board of trustees provided for in this division.
City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards,
departments and instrumentalities.
Compensation shall mean the total cash remuneration paid a member for service rendered
to the city. Compensation shall include base salary or wages, longevity pay, overtime pay,
cost of living payments, salary or wages while absent from work on account of vacation,
holiday, or illness, and will also include incentive pay as defined in Chapter 943.22 Florida
• Statutes. Compensation shall not include redemptions or payments in consideration ofunused
vacation time or sick leave,the value of any fringe benefit, uniform allowances, equipment
allowances, reimbursement of expenses, or payments for extra duty or a special detail work
performed on behalf of a second party employer or any other item not specifically included.
Credited service shall mean the service credited a member as provided in this division.
•
13
ATTACHMENT 2
Final average compensation shall mean one/sixtieth of the aggregate amount o7D
compensation paid a member during the period of sixty(60)months of the member's cr dite
service in which the aggregate amount of compensation paid is greatest. The sixt`yfu�r,, 6, 2000
months of credited service must be contained within the member's last one hundred twentyl�
(120) months of credited service. If a member has less than sixty (60) months of credited
service, final average compensation means the aggregate amount of compensation paid the
member divided by the member's months of credited service.
Member shall mean any person who is a member of the retirement system.
Pension shall mean a series of monthly payments by the retirement system throughout the
future life of a retirant or beneficiary, or for a temporary period, as provided in this division.
Pension reserve shall mean the present value of all payments likely to be made on account
of a pension. The present value shall be computed on the basis of such mortality and other
tables of experience and regular annual compound interest as the actuary appointed by the
board of trustees shall from time to time determine.
Police officer shall mean a city employee employed by the police department who is
certified or required to be certified as a law enforcement officer in compliance with Sections
185.02(11) and 943.14,Florida Statutes, and who holds the rank of patrol officer or higher,
including probationary patrol officer. The term police officer shall not include any civilian city
employee employed in the police department, any person employed as a police officer for an
emergency, or any person privately employed as a police officer.
111
interest shall mean such rate or rates of interest per annum, compounded
Regular
annually, as the board of trustees shall from time to time adopt.
Retirant shall mean any person who has satisfied the condition for receiving a benefit and
is being paid a pension by the retirement system on account of the person's membership in
the retirement system.
Retirement shall mean a police officer's separation from city employment as a police
officer with immediate eligibility for receipt of benefits under the retirement system.
•
Retirement systems or system shall mean the city retirement plan created and established
by this division.
Service shall mean personal service rendered to the city by a police officer.
Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary,
spouse, or child pursuant to any workers' compensation or similar law. Redemptions or
settlements of workers' compensation claim shall be considered workers' compensation
benefits. Payments in consideration of medical expenses shall be disregarded in the
determination of workers' compensation benefits.
•
14
ATTACHMENT 2
Sec. 2-263A. Benefit groups. 7D
•
un
(a) The following benefit group is hereby designated for the purpose of detern'. eg2a6' 2000
• retirement system member's applicable benefit eligibility conditions and benefit amount: .
(1) Benefit group police shall consist of all members who are also police officers.
(b) Benefit eligibility conditions shall be based on the member's benefit group at the time
of termination of city employment. Benefit amounts shall be based on the amount of credited
service acquired in benefit group police.
Sec. 2-264A. Board of trustees - Responsibilities and duties generally.
The general administration, management, and responsibility for the proper operation of the
• retirement system, for construing,interpreting, and making effective the provisions of this
division, and for making recommendations to the city commission on matters concerning this
retirement system are vested in the board of trustees. Such responsibilities and duties shall
be conducted in such manner as to comply with the requirements of Chapter 185 of the
Florida Statutes, and shall specifically include compliance with section 185.06 therein.
•
Sec. 2-265A. Same - Actuarial data; report to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be
recommended by its actuary and as required by state law (Chapters 112 & 185 F.S.) for the
operation of the retirement system on a sound actuarial basis. The board shall keep or cause
to be kept, in convenient form such additional data as is required to properly report the
operations of the system.
(b) The board shall render all reports required by state (Chapter 185, F.S.) or federal
law to appropriate agencies,with a copy to the city commission, on or before the first day of
April of each year showing the fiscal transactions of the retirement system for the year ended
the preceding thirtieth day of September, the assets of the retirement system as of the
preceding thirtieth day of September, and a copy of the most recent actuarial report.
See. 2-266A. Same = Composition. •
The board of trustees shall consist of five (5) trustees as follows:
•
(1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city,
appointed by the city commission,who may serve as trustees of other City Boards
including the General Employees Retirement System provided herein;
(2) Two(2)Police Officers to be elected by the active police officers who are members
of the retirement system;
•
15
ATTACHMENT 2
•
• . (3) One (1) trustee to be selected by. the other four (4) members of the board OD
trustees, and appointed as a ministerial act by the city commission. June 26, 2000
The elections provided for in subsection (2) of this section shall be held in accordance
with such rules, as the board of trustees shall from time to time adopt.
Sec. 2-267A. Same- Term of office; oath of office. •
The regular term of office of a member of the board of trustees shall be two (2)years for
resident,appointees, and two (2)years for elected representatives, unless they terminate
employment, whereupon a new election will be held by the members of the plan to fill the
unexpired term of their trustee representatives. The term of office for the trustee selected
by the other four members of the board shall be two (2)years. Each trustee shall, before
assuming the duties of trustees, qualify by taking an oath of office to be administered by
the city clerk, whereupon a trustee's term of office shall begin.
Sec. 2-268A. Same- Vacancy; filling of vacancy.
fa) A vacancy shall occur on the board of trustees if any member resigns or any
employee representative ceases to be employed by the city.
(b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety
(90) days for the unexpired term, in the same manner as the position was previously filled.
Sec. 2-269A. Same-Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly, at least one (1) in each calendar
quarter, and shall designate the time and place of each meeting. All meetings of the board
shall be open to the public. Notice of such meetings shall be posted on employee bulletin
boards so that all members will be aware of the meeting. The board shall adopt its own rules
of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute
a quorum at any meeting of the board, and at least three (3) concurring votes shall be
necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each
question before the board. Trustees shall serve without compensation for their services as
trustees, but shall be entitled to their expenses actually and necessarily incurred in attending
meetings of the board and in performing required duties as trustees in accordance with Florida
Law.
Sec. 2-270A. Officers and employed services.
The officers and employed services of the retirement system shall be as follows:
• (1) Chairperson: The board shall annually elect a chairperson from its members.
(2) Secretary. The board shall annually elect a secretary of the board from its members,
• who shall sign the minutes of each meeting and be the custodian of the retirement
16
ATTACHMENT 2
•
system's records and shall perform such duties as required in Chapter 185 of t )
Florida Statutes.. . June 26, 2000
• Legal Advisor: the board is empowered to employ independent legal counsel.
al Actuary: The board is empowered to employ an independent actuary who shall be
the technical advisor to the board regarding the operation of the retirement system
on an actuarial basis, and who shall perform such services as are required in
connection therewith. The term actuary as used in this division shall mean an
"enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee
Retirement Income Security Act of 1974 and who is a member of the Society of
Actuaries of the American Academy of Actuaries. A partnership or corporation
may be appointed actuary if the duties of the actuary are performed by or under the
direct supervision of an enrolled actuary and the enrolled actuary signs and is
responsible for all final documents submitted by the partnership or corporation.
(5) Administrative Manager: The board is empowered to employ or contract for the
services of an individual, firm, or corporation, to be known as the"administrative
manager",who shall,under the direction of the board or any appropriate committee
thereof, be ministerially responsible to:
Administer the office or offices of the retirement system and of the board;
• f12) Coordinate and administer the accounting, bookkeeping, and clerical services;
(c) Provide for the coordination of actuarial services furnished by the actuary;
(d) Prepare (in cooperation or appropriate with the consulting actuary or other
advisors) reports and other documents to be prepared, filed or disseminated by or on behalf
of the retirement system in accordance with law;
(e) Perform such other duties and furnish such other services as may be assigned,
delegated, or directed or as may be contracted by or on behalf of the board.
(6) Other Services: The Board is authorized and empowered to employ such
professional, medical, technical, or other - advisors as are required for the proper
administration of the retirement system. These services shall be obtained and the
compensation for these services shall be determined in accordance with procedures
established by the board in accordance with Chapter 185 of the Florida Statutes.
Sec. 2-271A. Membership.
(a) All persons who are city police officers, and all persons who become city police
officers, shall be members of the retirement system, except as provided in subsection (b) of
this section.
•
17
ATTACHMENT 2
•
•
• (2.)) The membership of the retirement system shall not include: 7D
(1) Any police officer who is employed in a position normally requiring less than one6' 2000
thousand (1,000) hours of work per annum;
(2) The chief of the police department may opt not to become a member of the
• retirement system. Such option shall be made within sixty(60)days of appointment
as police chief and shall be irrevocable;
(3) Police officer positions which are compensated on a basis not subject to the
withholding of federal income taxes or FICA taxes by the city;
(4) Temporary police officers;
•
• (5) Elected officials of the city;
(c) An individual shall cease to be a member upon termination of employment by the
city, or upon ceasing to be employed in a position regularly requiring one thousand 01,000)
or more hours or work in a year, or upon becoming employed in an excluded position.•
Sec. 2-272A. Credited service.
Service rendered by a member of the retirement system shall be credited to the member's
individual credited service account in accordance with rules the board of trustees shall
• from time to time prescribe and in accordance with the applicable provisions of Chapters
185, Florida Statutes. In no case shall more than one (1)year of credited service be
credited on account of all service rendered by a member in any one period of twelve(12)
consecutive calendar months. Service shall be credited to the nearest one-twelfth of a
year. Service shall be credited for the total number of years, and fractional parts of years,
of service of the member.
Sec. 2-273A. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force
if the member terminates city employment with less than fiveL5) years of credited service.
Sec. 2-274A. Reinstatement of credited service.
•
A member's forfeited credited service shall be restored to his/her individual service
account if re-employment by the city and membership in the retirement system occurs within
five (5) years from and after the date of separation from city employment that caused the
• forfeiture, provided that the member repays to the retirement system the contributions
refunded under Section 2-298A(c) hereof, plus interest at the actuarially assumed rate, in
accordance with terms established by the board of trustees.
•
18
A TT A rI7MFNT '1
Sec. 2-275A. Military service credit. 7D
(a) A member of the retirement system who leaves or left city employment voltlinQ 6, 2000
• or non-voluntarily to enter any armed service of the United States during time of war, period
of compulsory military service, or period of national emergency recognized by the city
commission shall have required periods of active duty credited as city service subject to the
following conditions:
• (1) The member is re-employed by the city as provided in the Uniformed Services
Employment and Reemployment Rights Act lUSERRA) after the date of
termination of such active duty;
(2) In no case shall more than the years of service provided for in USERRA or within
FS 185 be credited on account of all military service.
(3) Notwithstanding any provision ofthis article to the contrary,contributions,benefits,
and service credit with respect to qualified military service will be provided in
accordance with USERRA, FS 185, and section 414(u) of the Internal Revenue
Code.
(b) The board of trustees shall determine the amount of service to be credited a member
under the provisions of this section and USERRA.
Sec. 2-276A. Voluntary retirement conditions; employment after retirement.
•
(a) A member of the retirement may system retireupon satisfaction of each of the
Y Y p
following requirements:
fi) The member files written application for retirement with the board of trustees
setting forth the date retirement is to be effective.
(2) The member terminates all his/her city employment normally requiring one thousand
(1,000)hours of work per annum on or before the date retirement is to be effective.
(3) The member has met the age and service requirements for retirement specified in
subsection (b).
Upon retirement, a member shall be paid a pension computed according to the applicable
subsections of section 2-281A.
(b) The age and service requirements for voluntary retirement are:
(1) Normal Retirement: the member has attained the age of fifty(50) or older and has
twenty(20)years or more of credited service in force;or the member at any age has
twenty-five (25) years of credited service in force; or the member has attained the
age of sixty (60) years, and has five 15) years of credited service in force.
•
19
ATTACHMENT 2
• • CO Employment after retirement: 7D
June 26, 2000
• • (1) Any person who has retired as a member of this retirement system may be
reemployed by the city in a position normally requiring less than 1000 hours of
work per annum or in a position not covered by this pension plan and receive
retirement benefits from his/her previous employment and compensation from
his/her reemployment.
•
(2) Any person who has retired as a member of this retirement system and is
subsequently reemployed by the city in any position normally requiring 1000 hours
or more of work per annum in a position covered by this pension plan shall have
his/her pension benefit suspended during the period of such reemployment and shall
receive additional credited service from his/her reemployment.
• Sec. 2-277A. Normal Retirement Date and Payment Date.
(a) The normal retirement date of each member shall be the first day of the month
following the effective retirement of the member as indicated in the member's retirement
application and as approved by the Board of Trustees.
fib) The monthlyretirement income payable in the event of normal retirement shall be
• payable on the first day of each month and as provided in Section 185.16(3).
Sec. 2-278A. Deferred retirement upon separation from employment (vesting).
� A member of the retirement system who terminates city employment prior to
satisfying the requirements for voluntary retirement under Section 2-276A for a reason other
than retirement or death,who has not received a refund of his/her member contributions, and
who has the applicable period of credited service specified in subsection (b) shall remain a
member and be entitled to be paid a pension upon attaining the age and service requirements
for voluntary retirement, as set forth in Section 2-276A. Upon attaining the age and service
requirement for voluntary retirement,the member shall be paid a pension computed according
to the applicable subsections of Section 2-281A as those subsections were in force at the time
a member left city employment.
•
(b) The credited service requirement for separation from city employment with
entitlement to deferred retirement is five (5) years.
• Lc) A member of the retirement system who terminates city employment prior to
satisfying the five (5) year requirement for deferred retirement under Section 2-276A is
entitled to a full refund of his/her contributions, plus interest as determined by the board of
trustees.
Sec. 2-279A. Disability retirement - General conditions for eligibility.
(a) If a member, prior to his normal retirement date, becomes totally and permanently
•
20
ATTACF(MVNT 2
•
•
disabled as defined in subsection (b) by reason of any cause other than a cause set out
subsection(c)the member shall be eligible.for disability retirement. The minimum be fit f
any member disabled in the line of duty shall be forty-two (42) percent of the final aaverage�' 2000
• salary,regardless of years of credited service. The minimum benefit for any member disabled
not in.the line of duty who has eight and one third (8 1/3) years of credited service shall be
twenty-five percent (25%) of the final average salary.
•
LU A permanent disability which is the result of or caused by tuberculosis, hepatitis,
meningococcal meningitis, hypertension, heart disease, or hardening of the arteries
shall be presumed to have been incurred in the line of duty unless the contrary is
shown by competent evidence or unless a physical examination of the member
conducted upon initial hiring by the city revealed the existence of such condition at
that time, and provided that a member claiming disability due to tuberculosis or
meningococcal meningitis provides the affidavit required by F.S. section
112.181(2).
(b) A member will be considered disabled if, in the opinion of the board of trustees, the
member is totally and permanently prevented from rendering useful and efficient service as
a city police officer and will be considered permanently disabled if,in the opinion of the board
of trustees,he is likely to remain so disabled continuously and permanently from a cause other
than as specified in subsection(c).
(c) A member will not be entitled to receive any disability retirement income if disability
is as a result of:
• (,1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating
in fights, riots, or civil insurrections or while committing a crime;
() Injury or disease sustained by the employee while serving in any armed forces: or
(4) Injury or disease sustained by the employee after his/her employment has
terminated.
•
(5) Injury or disease sustained by the police officer while working for anyone other
than the city and arising out of such employment.
(d) No member shall be permitted to retire under the provisions of this section until
he/she is examined by a duly qualified physician, surgeon, or other medical or psychological
professional to be selected by the board of trustees for that purpose, and is found to be
disabled in the degree and in the manner specified in this section. Any member retiring under
this section may be examined periodically by a duly Qualified physician, surgeon, or other
medical or psychological professionals or board of physicians, surgeons, and other medical
or psychological professionals to be selected by the board of trustees for that purpose, to
determine if such disability has ceased to exist. If a member refuses to submit to such an
•
21
ATTACHMENT 2
examination, the member's disability pension shall be suspended until such time as t
member submits to the examination. June 26, 2000
The benefits payable to a member who retires from the service of the city with a
total and permanent disability as a direct result of a disability commencing prior to his/her
normal retirement date, is the greater of the monthly income computed according to the
applicable subsections of Section 2-281A or the minimums established in Section 2-279A(a).
(f The monthly retirement income as computed in Section 2-281 A to which a member
is entitled in the event of his/her disability retirement shall be payable monthly after the board
of trustees determine such entitlement retroactive to the date of application or the last day on
payroll, whichever is later. If the member recovers from the disability prior to his normal
retirement date, the last payment will be the payment due next preceding the date of such
• recovery. If the member dies without recovering from his disability or attains his/her normal
retirement date while still disabled, the last payment will be the payment due next preceding
his/her death.
• ,(g) If the board of trustees finds that a member who is receiving a disability retirement
income is, at any time prior to his normal retirement date, no longer disabled, as provided
herein,the board of trustees shall direct that the disability retirement income be discontinued.
Recovery from disability as used herein means the ability of the member to render useful and
efficient service as a police officer employee of the city, regardless of whether the member
is re-employed by the city.
• th) Ifthe member recovers from disability and reenters the service of the city as a police
officer employee, his/her service will be deemed to have been continuous, but the period
beginning with the first month for which he/she received disability retirement income payment
and ending with the date he/she reentered the city service will not be considered as credited
service for the purpose of the system.
Sec. 2-280A. Same-Continuation subject to re-examination; return to employment.
(a) The Board of Trustees may require a disability retirant to undergo periodic medical
or psychological examination if the disability retirant has not attained age sixty (60). •
fb) If a disability retirant refuses to submit to a medical or psychological examination,
•
payment of the disability pension may be suspended by the board of trustees until the retirant
•
submits to the examination.
•
(c) A disability retirant who has been restored to employment with the city as provided
in subsection 2-280(h) shall again become a member of the retirement system.
Sec. 2-281A. Calculation of pension benefit.
(a) Normal Retirement Benefit. Subject to section 2-285A,the amount oflevel straight
• life pension shall be equal to the retiring member's credited service multiplied by three percent
22
A TT A CRMFNT 2
(3%) of the retiring member's final average compensation. 7D
Cost-of-living adjustment. All retirement system members and beneficiaries w o 26, 2000
retired prior to January 1, 1997, shall receive a one-time cost-of-living adjustment, which
shall be in an amount equal to three(3) percent of the benefits paid to such retired members
and beneficiaries during the immediately preceding month.
Sec. 2-282A. Optional forms of pension payment.
A member of the retirement plan may elect to be paid under one(1)of the following optional
forms of payment in lieu of the Normal Retirement benefit form of payment. The election
must be made in writing and filed with the board of trustees prior to the date retirement is
effective. Payment will be made under the Normal Retirement benefit form if a timely
election of an optional form of payment is not made. The amount of pension under any
option shall be the actuarial equivalent of the amount of pension under the Normal Retirement
benefit form payment.
(1) Option A; Ten (10)years certain and Retirant's life thereafter: Under Option A,
a retirant shall be paid a pension for life, however if the retirant dies prior to ten
• (10) years immediately following retirement payments shall continue for one
hundred twenty (120) payments. Benefit payments shall be made to the retirant's
designated beneficiary or estate for such period.
(2) Option B; Modified joint survivor pension: Under Option B, a retirant shall be
• paid a reduced pension for life with the provision that upon the retirant's death, a
benefit as designated by the retirant of either,one hundred(100),seventy-five(75),
sixty-six and two thirds(66-2/3)or fifty(50)percent of the reduced pension benefit
shall be continued throughout the future lifetime of and paid to such person as the
retirant shall have specified by written designation duly executed and filed with the
board of trustees at the time of election of the optional form of payment.
.) Option C;Social security coordinated pension:Under Option C, a retirant shall be
paid an increased pension to attainment of the age when the retirant is eligible to
receive regular social security retirement benefits,and a reduced pension thereafter.
The increased pension paid to attainment of regular social security retirement age
shall approximate the sum of the reduced pension payable thereafter plus the
retirant's estimated social security primary insurance amount.
(4) Other benefit form. Any other actuarially equivalent form of benefit requested by
a member and approved, in their sole discretion, by the board of trustees.
Sec. 2-283A. Death while in city employment; elective survivor pension.
(a) Each member may, on a form provided for that purpose, signed and filed with the
board of trustees,designate a beneficiary(or beneficiaries)to receive the benefit,if any,which
• may be payable in the event of his/her death, and each designation may be revoked by such
23
ATTACHMENT 2
• member by signing and filing with the board oftrustees a new designation of beneficiary fort)
Upon the death of a member who has a valid designation-of-beneficiary in force, 2000
• the beneficiary, if living, shall be paid a pension benefit computed according to section 2-
281A iri the same manner in all respects as if the member had elected Option B at the one
hundred •ercent 100% level .rovided in Section 2-282A and retired the da .recedin_
his/her death, notwithstanding that the member may not have satisfied the conditions for
. • • retirement. Upon a member's retirement, resignation, or termination as a city employee,
eligibility for the death benefit payable under section 2-281A will automatically terminate.
CO•
If a member failed to name a beneficiary in the manner prescribed in subsection(a)
above, or if the beneficiary(or beneficiaries) named by a deceased member predeceases the
member, the death benefit, if any, which may be payable under the plan with respect to such
deceased member, shall be paid by the board of trustees to the estate of such member,
provided that in any of such cases the board of trustees, in its discretion, may direct that the
commuted value of the remaining monthly income payments be paid in a lump sum. Any
payment made to any person pursuant to this subsection shall operate as a complete discharge
of all obligations under the plan with regard to such deceased member and shall not be subject
to a review by anyone,but shall be final,binding, and conclusive on all persons ever interested
hereunder. Notwithstanding any other provision of law to the contrary, the surviving spouse
of any member killed in the line of duty shall not lose survivor retirement benefits if the
spouse remarries.
Sec. 2-284A. Alternate death while in city employment; pension to spouse and/or
110
children.
• (a) The applicable benefits provided in subsections (b) and (c) of this subsection or, if
the member designated the member's spouse or children, as set forth below, the benefits
provided in Section 2-283A, whichever are greater, shall be paid if a member of the
retirement system has five(5) or more years of credited service and dies while in the employ
of the city. The provisions of this section shall not apply in the case of death of a member
who has a valid designation of beneficiary, other than the member's spouse or children as set
forth below, in force pursuant to Section 2-283A.
(b) The person to whom the deceased member was married at the time of death shall
be paid a pension equal to seventy-five percent(75%)of the amount of Option A—Retirant's
life only pension computed according to the applicable subsection of Section 2-282A, based
on the deceased member's final average compensation and credited service.
A surviving spouse's pension shall terminate upon death.
(c) The deceased member's unmarried children under the age of nineteen (19) years,
or twenty-three(23)years if enrolled full-time as a student in an educational institution, shall
each be paid an equal share of a Retirant's life only pension benefit computed according to
the applicable subsection of Section 2-282A, based on the deceased member's final average
compensation and credited service. The percent shall be zero (0) percent during periods a
24
ATTACHMENT 2
pension is being paid in accordance with the provisions of subsection(b);fifty percent duri'7
periods a pension is not being paid in accordance with the provisions of subsectionJb.ne 26, 2000
• A surviving child's pension shall terminate upon attainment of age nineteen(19)years or, if
over nineteen(19)years but less than twenty three(23)years,upon no longer being enrolled
as a full-time student in an educational institution,marriage,or death,and the pension of each
remaining eligible child shall be recomputed. •
Sec. 2-285A. Maximum amount of pension.
The normal retirement pension payable to a member of the retirement plan who has
not previously participated in such system, on or after January 1, 1980, shall not exceed one
hundred (100) percent of his/her final average compensation. However, nothing contained
in this section shall apply to supplemental retirement benefits or to pension increases
attributable to cost-of-living increases or adjustments.
•
(b) No member of the system covered by this article who is not now a member of such
system shall be allowed to receive a retirement pension which is, in part or in whole, based
upon any service with respect to which the member is already receiving, or will receive in the
• future, a retirement pension from another. retirement system or plan; provided that this
restriction does not apply to social security benefits or federal benefits under Chapter 67,Title
10,U.S. Code.
(c) In no event may a member's annual benefit exceed the lesser of:
• (1) Any limits (adjusted for cost of living) in accordance with section 415(d) of the
Internal Revenue Code,but only for the year in which such adjustment is effective);
or
.) Not withstanding the provisions of paragraph(a)and (b) above,the annual benefit
payable to a member having at least fifteen (15) years of service shall not be less
than the annually adjusted amount provided in the provisions of IRC Section
415(d).
(3) Compensation in excess of limitations set forth in Section 401(a)(17)of the Internal
Revenue Code shall be disregarded. .The limitation on compensation for an"eligible
employee" shall not be less than the amount, which was allowed to be taken into
account hereunder as in effect on July 1, 1993. "Eligible employee"is an individual
who was a member before the first planyear beginning after December 31, 1995.
(4) If the member has less than ten years of service with the employer (as defined in
Section 415(b)(5) of the Internal Revenue Code and as modified by Section
415(b)(6)(D)of the Internal Revenue Code),the applicable limitation in subsection
(1) or subsection (2) of this subsection shall be reduced by multiplying such
limitation by a fraction, not to exceed one(1). The numerator of such fraction shall
• be the number of years, or part thereof, of service with the employer; the
25
ATTACHMENT 2
•
• denominator shall be ten years. For purposes of this subsection, annual ben
means a benefit payable annually in the form of a straight-line annuityth
ancillary or incidental benefits arid with no member or rollover contributions1e o' 2000
• the extent that ancillary benefits are provided,the limits set forth in subsections(1)
•.
and (2) of this subsection will be reduced actuarially, using an interest rate
assumption equal to the greater of five percent or the interest rate used in the most
recent annual actuarial valuation, to reflect such ancillary benefits. If distribution
• of retirement benefits begins before age 62, the dollar limitation as described in
subsection (1) of this subsection shall be reduced actuarially using an interest rate
assumption equal to the greater of five percent or the interest rate used in the most
recent annual actuarial valuation:however,retirement benefits shall not be reduced
below $75,000.00 if payment of benefits begins at or after age 55. If retirement
benefits begin after age 65,the dollar limitation of subsection(1) of this subsection
shall be increased actuarially using an interest assumption equal to the lesser of five
percent or the interest rate used in the most recent annual actuarial valuation. For
purposes of this subsection, average annual compensation for a member'sthree
highest paid consecutive years ,means the member's greatest aggregate
compensation during the period of three consecutive years in which the individual
was an active member of the plan. The special maximum retirement income
limitation applicable to police officers at the normal retirement date shall be as set
forth in Section 415(2) and (h) of the Internal Revenue Code of 1986 and
•
amendments thereto and such amount shall be adjusted in accordance with
regulations promulgated by the Secretary of the Treasury or his/her delegate.
• Sec. 2-286A. Subrogation rights.
If a member of the retirement system, retirant, or beneficiary becomes entitled to a
pension as the result of an accident or injury caused by the act of a third party, the retirement
system shall be subrogated to the rights of such member, retirant or beneficiary against such
third party to the extent of pensions which the retirement system pays or becomes liable to
pay on account of such accident or injury.
Sec. 2-287A. Reserved.
Sec. 2-288A. City contribution.
(a) The plan shall be funded by contributions from member contributions, as provided
•
in Section 2-300A. state finding provided for in F.S. § 185.08, contributions from the city,
• and other income sources as authorized by law.
(b) State funding shall be provided from premium taxes collected and disbursed
pursuant to F.S. § 185.08, which moneys shall be deposited in the fund within five (5)
calendar days of receipt be the city with the understanding that these premium tax revenues
shall be deposited into and become an integral part of this fund and may not be used for any
other purpose.
•
26
ATTACHMENT 2
(c) City contributions shall be made to the plan, on at least a quarterly basis, in a7D
amount which, together with the member contributions provided for in section 2-30qA an
the state premium taxes funding provided for in subsection(b) and other income soufeae6, 2000
. • authorized by law, sufficient to meet the normal cost of the plan and to fund the actuarial
deficiency over a period of not more than thirty (30) years, as determined by the Florida
Statutes required annual actuarial valuation.
• Such contributions shall be computed as level percents of member payroll in accordance
with generally accepted actuarial principles on the basis of such rates of interest and tables
of experience as the board of trustees shall from time to time adopt. The board shall annually
certify to the city the contributions determined according to this section, and the city shall
appropriate and pay to the retirement system, the contributions so certified.
(d) All benefits and expenses shall be paid in accordance with the provisions of this
: pension plan and consistent with Florida Statutes and the Internal Revenue Code.
Sec. 2-289A. Reserved.
Sec. 2-290A. Investment of retirement system assets.
•
The board of trustees shall be the trustee of the monies and assets of the retirement
system. The board shall have full power and authority, in their sole discretion, to invest and
reinvest such funds as are not necessary for current expenditures or liquid reserves, as they
may from time to time determine. The Trustees may sell, exchange or otherwise dispose of
4111) such investments at any time. The Trustees shall have the authority, in respect to any stocks,
bonds, or other property, real or personal, held by them as Trustees, to exercise all such
rights, powers and privileges as might be lawfully exercised by any person owning similar
stocks, bonds, or other property in his own right. The trustees are authorized to invest in
those stocks, bonds, and other securities permitted by the investment policies or guidelines
adopted by the trustees in compliance with all requirements and limitations of Chapter 185,
of the Florida Statutes.
La) Delegation and Allocation of Investment Functions.
11) The Trustees shall have the power and.authority to appoint one (1) or more
investment managers who shall be responsible for the management, acquisition,
disposition,investing, and reinvesting of such of the assets of the Trust Fund as the
Trustees shall specify. Any such appointment may be terminated by the Trustees
upon written notice. The fees of such investment manager shall be paid out of the
Trust Fund. The Trustees shall require that the investment manager acknowledge
in writing that it is a named fiduciary with respect to the plan.
(2) In connection with any allocation or delegation of investment functions under this
section,the Trustees shall,from time to time,adopt appropriate investment policies
or guidelines that comply with all requirements and limitations of Chapter 185 of
the Florida Statutes.
40 .
27
ATTACAMFNT 2
See. 2-291A. Expenses. 7D
The expenses of administering the retirement system,including the premiums for tijduc ry' 2000
liability and waiver of recourse insurance covering the board of trustees and the retirement
system, shall be paid by the city.
See. 2-292A. Method of making payments.
All payments under this division shall be made according to the provisions of the City
•
Charter and city ordinances governing the disbursement of city monies. No payment shall be
made that has not been authorized by a specific or continuing resolution of the board of
trustees.
Sec. 2-293A. Assignments prohibited.
(a) Generally. The right of a person to a pension, disability, death, or survivor benefit,
and any other right accrued or accruing to any person under the provisions of this division,
and any monies in assets belonging to the retirement system, shall not be subject to execution,
garnishment, attachment,the operation of bankruptcy or insolvency law,or any other process
of law whatsoever,and shall be unassignable except as is specifically provided in this division.
If a member is covered under a group insurance or prepayment plan participated in by the
city, and should the member or his/her beneficiary be permitted to and elect to continue the
coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of
trustees to deduct required payments to continue coverage under the group insurance or
• prepayment plan. The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member, retirant, or beneficiary in addition to any other
remedies, including forfeiture of benefits, provided by law.
(b) Direct transfers of eligible rollover distributions. This subsection applies to
distributions made on or after October 1, 1993. Notwithstanding any provision of the plan
to the contrary that would otherwise limit a distributee's election under this section, a
distributee may elect, at the time and in the manner prescribed by the board of trustees, to
have any portion of an eligible rollover distribution paid directly to an eligible retirement plan
• specified by the distributee in a direct rollover.
•
(1) "Eligible rollover distribution" means any distribution of all or any portion of the
balance to the credit of the distributee, except that an eligible rollover distribution
does not include any distribution that is one of a series of substantially equal
periodic payments (not less frequently than annually) made for the life (or life
expectancy) of the distributee or the joint lives (or joint life expectancies) of the
distributee and the distributee's designated beneficiary or for a specified period of
ten (10)years or more: any distribution to the extent such distribution is required
under Section 401(a)(9) of the Internal Revenue Code; and the portion of any
distribution that is not includible in gross income(determined without regard to the
exclusion for net unrealized appreciation with respect to employer securities).
•
28
•
ATTACHMENT 2
•
•
(2) "Eligible retirement" means an individual retirement account described in Secti7l
408(a)of the Internal Revenue Code, an individual retirement annuity des bed
LU
Section 408(b)of the Internal Revenue Code, an annuity plan described in ecti on 2000
• 403(a) of the Internal Revenue Code, or a qualified trust described in Section
401(a)of the Internal Revenue Code,that accepts the distributee's eligible rollover
distribution. However, in the case of an eligible rollover distribution to the
surviving spouse, an eligible retirement plan is an individual retirement account or
individual retirement annuity.
Sec. 2-294A. Errors.
Should the board of trustees determine that any member, retirant, or beneficiary is being
paid from the retirement system more or less than is correct, the board of trustees shall
correct the error and, as far as practicable, shall adjust the payment in such manner that the
. • : actuarial equivalent of the benefit to which the member,retirant, or beneficiary was correctly
entitled shall be paid. .
Sec. 2-295A. Protection against fraud; forfeiture.
Whoever willfully and knowingly makes,or causes to be made,or assists,conspires
with,or urges another to make,or causes to be made,any false,fraudulent, or misleading oral
or written statement, or withholds or conceals material information with the intent to obtain
any benefit available under this retirement system shall be in violation of section 185.185 of
the Florida Statutes. Any member convicted of such violation may, in the discretion of the
• board of trustees, be required to forfeit the right to receive any or all benefits he/she may be
otherwise be entitled to under this retirement system. For purposes of this subsection,
"conviction" shall mean a determination of guilt that is the result of a plea or trial, regardless
of whether adjudication is withheld.
(b) Any member who is convicted as provided in F.S. Section 112.3173 of a specified
offense committed prior to retirement, or whose employment is terminated by reason of an
admitted commission, aid, or abatement of a specified offense, shall forfeit all rights and
benefits under this pension plan, except for return of accumulated contributions as of his/her
date of termination.
•
Sec. 2-296A. Response to claims and inquiries.
All inquiries shall be answered promptly. The final decision for approval of benefits shall
be made by the board of trustees.
Sec. 2-297A. Denial of benefits.
If any claim for benefits is denied, suspended or terminated, in whole or in part, then the
claimant shall be furnished with a notice of denial, suspension, or termination no later than
thirty (30) days after the final decision has been made. The notice shall be provided in
111 writing, by certified mail, and shall set forth:
29
ATTA CA11,TFNT
al The specific reasons for the denial, suspension, or termination of benefits; 7D
•
•
Jur 2h6, 2000
The specific references to the pertinent provisions of the pension plan upon w c the action is based and a copy of the pension plan provisions shall be furnished with
this notice,
•
(3) A description of any additional material or information necessary for the claimant
• to perfect the claim, along with an explanation of why such material or information
• is necessary; and
•
a) An explanation of the claims review procedure.
Sec. 2-298A. Claim review procedure.
(a) Requests for review. If a claim for benefits is denied, suspended or terminated, in
whole or in part, then the claimant may appeal to the board of trustees for a full and fair
review. In order to file an appeal, a written notice of appeal must be submitted within sixty
(60)days after the notice of denial, suspension, or termination is received by the claimant (or
such later time as the board of trustees deems reasonable). The notice of appeal shall briefly
describe the grounds upon which the appeal is based on shall be signed by the claimant. The
claimant shall be allowed to review all pertinent documents during normal business hours,and
shall be permitted to submit comments and a statement of issues for consideration by the
board of trustees.
(b) Representation. A claimant may designate an attorney or any other duly authorized
• person to act as his or her representative at any stage of the claims reviewrocedure. Any
Y
rights provided to the claimant during the claims review procedure shall automatically extend
to the representative designated by the claimant. A designation of representative shall be
signed by the claimant and the representative, and shall be submitted in writing.
(c) Claims review board. The board of trustees shall rule on all appeals brought under
this section. A decision to grant or deny an appeal shall be based solely on the record before
the board of trustees, unless the board of trustees determines, in its sole discretion, that a
hearing is necessary for the proper resolution of the appeal. The board of trustees shall
decide, by majority vote,to grant or deny an appeal. The final decision shall be made bythe
board of trustees, in writing, and shall be made no later than sixty (60) days after receipt of
the notice of appeal, unless special circumstances (such as the need for a hearing) require an
extension of time. In no event, however, should the decision of the board of trustees be made
later than one hundred twenty (120) days after receipt of the notice of appeal. If an appeal
is denied, in whole or in part, then the decision shall set forth the specific reasons for the
action, with specific references to those pension plan provisions upon which the decision is
based. The claimant shall be promptly provided with a copy of this decision. The decision of
the board of trustees shall be final and binding. .
Sec. 2-299A. Exhaustion of claims review procedure.
30
•
ATTACHMENT 2
•
No action in law or in equity shall be brought to contest a denial, suspension,
termination of benefits until the claimant has complied with the procedures proxided i 2000
section 2-298A,unless the board of trustees fails to render a decision as provided in 2."-21§(C'.'
In no case, however, shall ariy action be brought unless instituted within one (1)year from
the time the claimant received the notice of denial, suspension or termination provided in
section 2-297A.
Sec. 2-300A. Member contributions.
Member contributions for benefit group police bargaining unit members covered by
• the current collective bargaining unit collective bargaining agreement shall be one(1)percent
of salary and for other.benefit group police members shall be four and eight hundred fifteen
• thousandths (4.815) percent of salary, which said contribution shall be deducted from the
member's pay and paid over into the retirement system each pay period.
• (b) The City of Atlantic Beach shall assume and pay the member contributions set forth
above in lieu of payroll deductions from members' earnings. No member shall have the
option of choosing to receive the contributed amounts directly instead of having them paid
by the city directly to the retirement system. All such contributions by the city shall be
deemed and considered as part of the member's contributions and subject to all provisions
of this plan pertaining to contributions of members. Such contributions shall additionally be
considered as part of the member's compensation for purposes of determining final average
compensation and other benefits hereunder and for determining the member's hourly wage
rate for purposes of FICA contributions, worker's compensation, and overtime
• compensation. This city pick up of contributions is a result of a commensurate reduction of
each member's pay and is intended to comply with Section 414Ch)(2)of the Internal Revenue
Code.
co If an employee leaves the service of the city before accumulating aggregate time of
five (5) years towards retirement and before being eligible to retire under the provisions of
this article he/she shall be entitled to a refund of all of his/her contributions made to the city
pension trust fund, plus any interest accumulated at a rate of interest determined annually by
the Board of Trustees, less any disability benefits paid to him/her. Any such member may
voluntarily leave his or her contributions in the fund for a period of five(5)years after leaving
the employ of the police department pending the possibility of his or her being rehired by the
same department, without losing credit for the time he or she has participated actively as a
police officer. If he or she is not reemployed as a police officer with the same department
within five (5) years, his or her contributions shall be returned to him or her.
If an employee who has been in the service of the city for at least five(5)years and
has contributed to the pension trust fund as provided, elects to leave his/her accrued
contributions in the trust fund, such employee,upon attaining the age as re uired in Section
2-278A, may retire with the actuarial equivalent of the amount of such retirement income
otherwise payable to him/her.
(e) If a member who terminates employment elects a refund of contributions and:
•
31
ATTACHMENT 2
) Some or all ofthe refund is eligible for rollover treatment, as defined by the Interne
Revenue Service;
•
June 26, 2000
Elects to have such eligible distribution paid directly to an eligible retirement plan
•
or IRA, and
•
• fl) Specifies the eligible retirement plan or IRA to which such distribution is to be paid
(in such form and at such time as the distributing plan administration may
prescribe),
The distribution will be made in the form of a direct trustee-to-trustee transfer to the specified
eligible retirement plan.
Sec. 2-301A. Benefit limitations and required distributions.
•
Benefits paid under this city police officer employees retirement system shall not
exceed the limitations of Internal Revenue Code Section 415, the provisions of which are
hereby incorporated by reference.
Notwithstanding any provisions in this section to the contrary, the distribution of
benefits shall be in accordance with the following requirements and otherwise comply with
Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of
which are incorporated herein by reference:
• (1) A member's benefit shall be distributed to him/her not later than April 1 of the
calendar year following_the later of the calendar year in which the member attains
age seventy and one-half(70-1/2)or the calendar year in which the member retires.
Alternatively, distributions to a member must begin no later than the applicable
April 1,as determined under the preceding sentence,and must be made over the life
of the member(or the life expectancies of the member and the member's designated
beneficiary) in accordance with regulations.
(2) Distributions to a member and his/her beneficiary shall only be made in accordance
with the incidental death benefit requirements of[Internal Revenue' Code Section
401(a)(9)(G) and the regulations thereunder.
Sec. 2-302A. Benefit Enhancements:
To the extent that additional premium(Sec, 185)tax dollars over those received for calendar
year 1997 become available to incrementally fund the cost of enhancements, the following
benefits, as required by FS 185, shall be considered by the City Commission.
(a) Normal Retirement. A normal retirement benefit for members who have attained the
age of fifty-five (55) years and have ten (10) or more years of creditable service shall be
established.
•
32
ATTACHMENT 2
• : (b) Normal Retirement - Ten (10)yearperiod certain. A normal Retirement beneafl
will be paid for a ten (10) year period certain and life. In the event the officer d' s aft
retirement but before receiving retirement benefits for a period of ten (10) years, t e same'
2000
monthly benefit will be paid to the beneficiary for the balance of such ten (10) year period,
or if no beneficiary is designated, to the estate of the police officer.
(c) Early Retirement. A member who has attained the age of fifty(50)years and has ten
years of credited service in force, shall be eligible for an early retirement. The amount of an
early retirement benefit shall be calculated as provided in Sec. 2-281 A(a)taking into account
credited service to the date of actual retirement and final monthly compensation as of such
date. Such amount of retirement income shall be actuarially reduced to take into account the
participant's younger age and earlier commencement of retirement income payments. In no
event shall the early retirement reduction exceed three percent (3%) for each year by which
the member's age at retirement preceded the member's normal retirement age.
(d) Early Retirement - Ten (10) year period certain. An Early Retirement Benefit
benefits will be paid for a ten (10) year period-certain and life. In the event the officer dies
after retirement but before receiving retirement benefits for a period of ten (10) years, the
same monthly benefit will be paid to the beneficiary for the balance of such ten (10) year
period, or if no beneficiary is designated, to the estate of the police officer
•
(e) Deferred Retirement upon Separation. Any police officer who has been in the
service of the city for al lest ten (10) years elects to leave his or her accrued contributions in
the plan, such police officer upon attaining age fifty(50)years or more, may retire under the
•. provisions as set out for an Early Retirement.
(f) Deferred Retirement - Ten (10)year period certain. Such benefits will be paid for
a ten(10)year period certain and life. In the event the officer dies after retirement but before
receiving retirement benefits for a period of ten (10)years, the same monthly benefit will be
paid to the beneficiary for the balance of such ten (10) year period, or if no beneficiary is
designated, to the estate of the police officer.
(g) Disability Retirement - Ten(10)year period certain. Such benefits will be paid for
a ten(10)year period certain and life. In the event the officer dies after retirement but before
receiving retirement benefits for a period of ten(10)years, the same monthly benefit will be
paid to the beneficiary for the balance of such ten (10) year period, or if no beneficiary is
designated, to the estate of the police officer.
(h) Employee death - Ten(10)year period certain. If any police officer having at least
ten(10)years of credited service dies prior to retirement, his or her beneficiary is entitled to
the benefits otherwise payable to the police officer at early or normal retirement age.
Secs. 2-303A-2-310A. Reserved.
Section 3. The provisions adopted herein shall prevail over any existing sections
•
33
ATTACHMENT 2
of the Atlantic Beach Code to the extent said existing sections are contrary or inconsistent
herewith. June 26, 2000
0 Section 4. Severability. If any section, sentence, clause, word, orP hrase of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then
said holding shall in no way affect the validity of the remaining portions of this Ordinance.
Section 5. Codification. Specific authority is hereby granted to codify this
• ordinance,
Section 6. This Ordinance shall take effect December 31, 1999.
PASSED by the City Commission on first reading this day of ,
2000.
PASSED by the City Commission on second and final reading this day of
, 2000.
III ATTEST:
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
• City Attorney
LEGEND: Underlining is new language.
Striketluuugh is old language.
III
34
ATTACHMENT 2
•
7D
June 26, 2000
•
• CODE OF ORDINANCES
OF THE CITY OF .
ATLANTIC BEACH, FLORIDA
Chapter 2
ADMINISTRATION
•
Art. I. In General, §§2-1-2-15
Art. II. City Commission, §§ 2-16-2-30
Art. III. City Manager, §§ 2.31-2.40
Art. IV. Departments, §§ 2-41-2-130
Div. 1. Generally, §§ 2-41-2-50 -
•
Div. 2. Police Department, §§ 2-51-2-60
• Div. 3. Fire Department, §§ 2-61-2-70
Div. 4. Department of Finance, §§ 2-71-2-78
Div. 5. Department of Public Works, §§ 2-79-2-140
Art. V. Boards and Commissions, §§ 2-131-2-225 •
Div. 1. Generally, §§ 2-131-2-140
Div. 2. Code Enforcement Board, §§ 2-141-2-160
Div. 3. Public Nuisance Control Board, §§ 2-161-2-225
Art. VI. Employer Benefits, §§ 2.226-2-2.310.
Div. 1. Generally, §§ 2-226-2-240
Div. 2. Old-Age and Survivors Insurance, §§ 2-241-2-260
Div. 3. Retirement System, §§ 2-261-2-310
Art. VII. Finance, §§ 2-311-2-366 '
Div. 1. Generally, §§ 2-311-2-330
Div. 2. Purchasing, §§ 2-331,-2-355
Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366
Div. 4. Service and User Charges, §§ 2-367, 2-368
• DIVISION 3. RETIREMENT SYSTEM
Sec. 2-261. Created, purpose. .
The city employees'retirement system is hereby created and established for the purpose of
providing pensions and death benefits for the employees of the city and their dependents.The
• effective date of the retirement system is December 22, 1975.
(Ord. No. 58-75-4, § 1, 12-22-75)
Supp.No.22 173
ATTACHMENT 3
7D
•
June 26, 2000
•
111 § 2-262 • ATLANTIC BEACH CODE
•
•
Sec. 2-262. Definitions.
The following words and phrases as used in this division shall have;the following meanings •
unless a different meaning is clearly required by the context: .
Actuarial equivalent shall mean of equal pension reserve (present value).
Beneficiary shall mean any person who is being paid, or has entitlement to future payment,
of a pension or other benefit by the retirement system for a reason other than the person's
membership in the retirement system.
Board of trustees or board shall mean the board of trustees provided for in this division.
City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards,
departments and instrumentalities.
City employee shall mean any person in the employ of the city.
Compensation shall mean the salary or wages paid a member for personal service rendered
the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of
living payments, salary or wages while absent from work on account of vacation, holiday, or
illness,and full-time police officer's salary will also include incentive pay as defined in Chapter
S .. .. 943.22 Florida Statutes. Compensation shall not include payments redemptions a
p yments in consid-
eration of unused vacation time or sick leave, the value of any fringe benefit, uniform
allowances, equipment allowances, reimbursement of expenses, or any other item not specif-
ically included.
Credited service shall mean the service credited a member as provided in this division.
Final average compensation shall mean one/sixtieth of the aggregate amount of compensa-
tion paid a member during the period of sixty(60)consecutive months of the member's credited
service in which the aggregate amount of compensation paid is greatest. The sixty (60)
consecutive months of credited service must be contained within the member's last one
hundred twenty (120) months of credited service. If a member has less than sixty (60)
consecutive months of credited service, final average compensation means the aggregate
•
amount of compensation paid the member divided by the member's months of credited service.
Member shall mean any person who is a member of the retirement system.
Pension shall mean a series of monthly payments by the retirement system throughout the
future life of a retirant or beneficiary, or for a temporary period, as provided in this division.
Pension reserve shall mean the present value of all payments likely to be made on account
of a pension. The present value shall be computed on the basis of such mortality and other
tables of experience and regular annual compound interest as the actuary appointed by the
board of trustees shall from time to time determine.
• Police officer shall mean a city employee employed by the police department who is certified
or required to be certified as a law enforcement officer in compliance with Sections 943.13 and
943.14, Florida Statutes, and who holds the rank of patrol officer or higher, including
Supp.No.22 174 ATTACHMENT •3
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June 26, 2000
•
ADMINISTRATION § 2-264
•
- ----: probationary patrol officer.The term police officer shall not include any civilian city employee
employed in the police department, any person employed as a police officer for an emergency,
or any person privately employed as a police officer.
Regular interest shall mean such rate or rates of interest per annum,compounded annually,
-as the board of trustees shall from time to time adopt.
Retirant shall mean any person who has satisfied the condition for receiving a benefit and
is being paid a pension by the retirement system on account of the person's membership in the
• retirement system.
Retirement systems or system shall mean the city retirement system created and established
by this division.
Service shall mean personal service rendered to the city by a city employee.
Workers'compensation benefits shall mean any amounts paid a retirant,beneficiary,spouse
or child pursuant to any workers' compensation or similar law. Redemptions or settlements of
a workers' compensation claim shall be considered workers'compensation benefits.Payments
in consideration of medical expenses shall be disregarded in the determination of workers'
compensation benefits.
• (Ord. No. 58-75-4, § 2, 12-22-75; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1,
4-22-91; Ord. No. 58-98-25, § 1, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 2-263. Benefit groups.
(a) The following benefit groups are hereby designated for the purpose of determining a
retirement system member's applicable benefit eligibility conditions and benefit amount:
(1) Benefit group general shall consist of all members not included in one of the benefit
groups which follow;
(2) Benefit group police shall consist of all members who are also police officers.
•
(b) Benefit eligibility conditions shall be based on the member's benefit group at the time of
termination of city employment. BeYielit amounts shall be based on the amount of credited
service acquired in each benefit group.
(Ord. No. 58-75-4, § 3, 12-22-75; Ord. No. 58-99-27, § 1, 11-8-99)
Sec. 2-264. Board of trustees—Responsibilities and duties generally.
The general administration,management,and responsibility for the proper operation of the
retirement system, for construing, interpreting, and making effective the provisions of this
division, and for making recommendations to the city commission on matters concerning this
retirement system are vested in the board of trustees.
(Ord. No. 58-75-4, § 4, 12-22-75; Ord. No. 58-98-25, § 2, 11-23-98)
Cross reference—Boards and commissions generally, § 2-131 et seq.
c.. A•r. 00 174.1 ATTA CHMT NT 3
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• § 2-265 ' ATLANTIC BEACH CODE
Sec. 2-265. Same—Actuarial data;report.to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be •
• recommended by the actuary as necessary for the operation of the retirement system on an
actuarial basis. The board shall keep or cause to be kept,in convenient form, such additional
data as is required to properly report the operations of the system. •
(b) The board shall render a report to the city commission on or before the first day of April
of each year showing the fiscal transactions of the retirement system for the year ended the
preceding thirtieth day of September, the assets of the retirement system as of the preceding
thirtieth day of September, and a copy of the most recent actuarial report.
(Ord. No. 58-75-4, § 10, 12-22-75)
Sec. 2-266. Same—Composition.
The board of trustees shall consist of five (5) trustees as follows:
•
(1) Two (2) residents of the city to be selected by the city commission and serve at the
pleasure of the city commission;
(2) One(1)member of the retirement system who is a police officer,but not the chief of the
department,to be elected by the members of the retirement system who are also police
• officers;
(3) One(1)member of the retirement system who is not a police officer to be elected by the
members of the retirement system who are not police officers;
(4) One(1)resident of the city to be selected by the other four(4)members of the board of
trustees, and whose appointment shall be confirmed by a vote of the city commission.
The elections provided for in subsections (2) and (3) of this section shall be held in
accordance with such rules as the board of trustees shall from time to time adopt.
(Ord.No. 58-75-4,§5, 12-22-75;Ord.No.58-86-7, § 1, 1-12-87; Ord. No. 58-99-27, § 1, 11-8-99)
Sec. 2-267. Same—Term of office; oath of office.
The regular term of office of a member of the board of trustees shall be four (4)years for
civilian members, and four (4) years for employee representatives, unless they terminate
employment, whereupon a new election will be held by the members of the plan to fill the
unexpired term of their trustee representatives,and one(1)year for the trustee selected by the
other four(4)members of the board.Each trustee shall,before assuming the duties of trustees,
qualify by taking an oath of office to be administered by the city clerk, whereupon a trustee's
term of office shall begin.However,upon the expiration of the terms of the civilian trustees and
employee representative trustees in office at the time this article is adopted, the term of the
next succeeding civilian member shall be for one (1) year, the term for the next succeeding
police officer representative shall be for two (2) years and the term for the next succeeding
non-police officer employee representative shall be for three(3)years,with all civilian member
and employee representative trustees having four-year terms thereafter.
(Ord.No.58-75-4,§6; 12-22-75;Ord.No.58-86-7,§1,1-12-87;Ord.No.58-98-25,§3, 11-23-98;
Ord. No. 58-99-27, § 1, 11-8-99)
SUM.No.22 174.2 ATTACHMENT 3
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June 26, 2000
•
• ADMINISTRATION § 2-270
Sec. 2-268. Same—Vacancy; filling of vacancy.
(a) A vacancy shall occur on the board of trustees if.any member shall resign or any
employee representative ceases to be employed by the.city.A vacancy shall occur on the board
if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case,
excused for cause by the trustees attending the meeting.
(b) If a vacancy occurs on the board of trustees,the vacancy shall be filled within ninety(90)
days for the unexpired term,if applicable, in the same manner as the position was previously
filled.
(Ord.No.58-75-4,§7, 12-22-75;Ord.No.58-86-7,§ 1, 1-12-87;Ord.No.58-98-25,§4, 11-23-98)
Sec. 2-269. Same—Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly,at least one(1)in each calendar quarter,
and shall designate the time and place of each meeting.All meetings of the board shall be open
to the public. Notice of such meetings shall be posted on employee bulletin boards so that
employees will be aware of the meeting. The board shall adopt its own rules of procedure and
shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any
•. meeting of the board, and at least three (3) concurring votes shall be necessary for a decision
. by the board. Each trustee shall be entitled to one (1)vote on each question before the board.
Trustees shall serve without compensation for their services as trustees, but shall be entitled
to their expenses actually and necessarily incurred in attending meetings of the board and in
performing required duties as trustees. •
(Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87)
Sec. 2-270. Officers and employed services.
The officers and employed services of the retirement system shall be as follows:
(1) Chairperson:The board shall annually elect a chairperson and a chairperson pro tem
from its members.
• (2) Secretary:The board shall annually elect a secretary from its members who shall sign
the minutes of each meeting and be the custodian of the retirement system's records.
(3) Treasurer: The director of finance shall be treasurer of the retirement system. The
treasurer shall be custodian of the assets of the retirement system except as to the
assets as the board may from time to time place in the custody of a nationally chartered
bank or approved financial manager.
(4) Legal advisor: The board is empowered to employ independent legal counsel but is
authorized to utilize the services of the city attorney.
(5) Actuary:The board shall appoint an actuary who shall be the technical advisor to the
• board regarding the operation of the retirement system on an actuarial basis, and who
shall perform such services as are required in connection therewith.The term actuary
as used in this division shall mean an"enrolled actuary"who is enrolled under Subtitle
SUDD. No.22 174.3 ATTACHMENT 3-.
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•• •
' § 2-270 ATLANTIC BEACH CODE
•
C of Title IlI of the Employee Retirement Income Security Act of 1974 and who is a
• - member of the Society of Actuaries of the American Academy of Actuaries.A partner . . -
ship or corporation idiay be appointed actuary if the duties of the actuary are performed •
•
by or under the direct supervision of an enrolled actuary and the enrolled actuary signs
and is responsible for all final documents submitted by the partnership or corporation.
(6) Administrative manager: The board may employ or contract for the services of an
individual, firm or corporation;to be known as the "administrative manager", who
•
shall under the direction of the board or any appropriate committee thereof, be
•
ministerially responsible to:
a. Administer the office or offices of the retirement system and of the board;
b. Coordinate and administer the accounting, bookkeeping and clerical services;
c. Provide for the coordination of actuarial services furnished by the actuary;
d. Prepare (in cooperation or appropriate with the consulting actuary or other
advisors)reports and other documents to be prepared,filed or disseminated by or
on behalf of the retirement system in accordance with law;
e. Perform such other duties and furnish such other services as may be assigned,
delegated or directed or as may be contracted by or on behalf of the board.
•
•
•
•
•
4110
Supp.No.22 174.4 ATTACHMENT 3
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• : ADMINISTRATION.•- June 2f2
(7) •Services:The board is authorized and empowered to employ such professional,medical,
• technical or other advisors as are required for the proper administration of the
retirement system. These services shall be obtained and the compensation for these
services shall be determined in. accordance with proceduresestablished by the board.
(Ord.No.58-75-4, §9,12-22-75;Ord.No. 68-86-7, § 1, 1-12-87; Ord.No. 58-91-15, § 1,4-22-91;
Ord. No. 58-98-25, §§ 5-8, 11-23-98) •
Sec. 2-271. Membership. •
(a) All persons who are city employees, and all persons who become city employees,shall be
members of the retirement system, except as provided in subsection (b) of this section.
(b) The membership of the retirement system shall not include:
(1) Any city employee who is employed in a position normally requiring less than one
thousand (1,000)hours of work per annum;
(2) Any city managerial or professional employee who is employed pursuant to an
individual contract of employment which does not provide for the employee's partici-
pation in this retirement system;
(3) Elected officials of the city;
•
(4) Positions which are compensated on a basis not subject to the withholding of federal
income taxes or FICA taxes by the city; -
(5) Temporary employees;
(6) Any person initially employed as or promoted to a position designated by the city as
executive or department head shall elect to participate or not participate in the
retirement system. Such election shall be irrevocable for as long as the employee holds
such executive or department head position. Should any such member elect to
discontinue participation in the retirement system, the member's entitlement to
benefits hereunder shall be governed by the system's provisions in effect at the time of
such discontinuance.
(c) An individual shall cease to be a member upon termination of employment by the city,
or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more
hours of work in a year, or upon.becoming employed in an excluded position.
(Ord.No.58-75-4,§ 11, 12-22-75;Ord.No.58-81-5,§1,9-28-81;Ord.No.58-85-6, 1-13-86; Ord.
No. 58-93-19, § 1, 9- 27-93; Ord. No. 58-98-25, § 9, 11-23-98)
Sec. 2-272. Credited service. •
Service rendered by a member of the retirement system shall be credited to the member's
individual credited service account in accordance with rules the board of trustees shall from
1110 • time to time prescribe and in accordance with the applicable provisions of Chapters 175 and
185,Florida Statutes.In no case shall more than one(1)year of credited service be credited on
•
Supp.No.21 174.5
ATTA CITMF.NT 3-
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`§ 2-272 ATLANTIC•BEACH.CODE June 26, 2000
•account:of:all..service rendered by a member in any•one.period.of twelve.(12) consecutive
.calenda .months.Service shall be credited to the nearest one-twelfth of a year.Service shall be
credited for the total numberof years, and fractional parts of years,of service of the member.
(Ord. No,-58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91) •. •
•
•
•
Sec. 2-273.5Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if the
member terminates city employment with less than five (5).years of credited service.
Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1,.11-23-87)
Sec. 2-274.;Reinstatement of credited service.
A member's forfeited credited service shall be restored to his/her individual service account
if re-employmentby.the city and membership in the retirement system occurs within five(5)
years from:and.after the date of separation from city employment that caused the forfeiture,
provided thatthemember repays to the retirement system the contributions refunded under
subsection 2-298(d) hereof plus interest at the actuarially assumed rate in accordance with
terms established by the board of trustees.
(Ord. No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98)
Sec. 2-275.:Military service credit.
•
(a) A member of the retirement system who leaves or left city employment to enter any
armed service of the United States during time of war,period of compulsory military service,
or period of national emergency recognized by the city commission shall have required periods
of active duty credited as city service subject to the following conditions:
(1) The member is re-employed by the city within one (1)year from and after the date of
• termination of such active duty;
(2) In no case shall more than six(6)years of service be created on account of all military
service.
(3) Notwithstanding any provision of this article to the contrary;contributions, benefits
•and.service credit with respect to qualified=military service".will be.provided.in
accordance with Section 414(u) of the Internal Revenue Code.
(b) Theboard of trustees shall determine the amount of service to be credited a member
under theprovisions of this section.
(Ord. No."58-75-4,'§ 15, 12-22-75; Ord. No. 58-98-25, § 11, 11-23-98)
Sec. 2-276.':Voluntary retirement conditions; employment after retirement.
(a) A member of the retirement system may retire upon satisfaction of each of the following
• requirements:
(1) .Themember files written application for retirement with the board of trustees setting
forth the date retirement is to be effective;
Supp.No.21 174.6
ATTA f AMFNT 3
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• ADMINISTRATION § 2-278
. :
(2) The member terminates all of his/her city employment normally requiring one
thousand(1,000)hours of work or more per annum on or before the date retirement is
to be effective; •
• (3) The member has met one of the age and service requirements for retirement specified
in subsection (b) applicable to the member's benefit group.
Upon retirement, a member shall be paid a pension computed according.to the applicable
subsections of section 2-281.
• (b) The age and service requirements for voluntary retirement are as follows:
(1) Benefit group police. The member has attained age fifty (50) years or older and has
twenty (20) or more years of credited service in force; the member at any age has
twenty-five (25)or more years of credited service in force; or, the member has attained
age sixty(60)years or older, and has five(5)or more years of credited service in force;
(2) Benefit group general. The member has attained age sixty(60)years or older, and has
five (5) or more years of credited service in force.
• (c) Employment after retirement:
(1) Any person who has retired as a member of this retirement system maybe reemployed
• by the city in a position normally requiring less than one thousand (1,000) hours of
work per annum and receive retirement benefits from his/her previous employment
and compensation from his/her reemployment.
•
(2) Any person who has retired as a member of this retirement system and is subsequently
reemployed by the city in any position normally requiring one thousand (1,000)hours
or more of work per annum shall have his/her pension benefit suspended during the
period of such reemployment and shall receive additional credited service from his/her
reemployment.
(Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-91-14, § 1,
4-8-91; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-98-25, §§ 12, 13, 11-23-98; Ord. No.
58-99-27, § 1, 11-8-99)
Sec. 2-277. Reserved.
Editor's note—Ord. No. 58-98-25, § 14, adopted Nov. 23, 1998, repealed § 2-277 which
pertained to compulsory separation from employment; extensions; retirement, and derived
from Ord.No.58-75-4, § 17,adopted Dec.22, 1975 and Ord.No. 58-87-10, § 1, adopted Nov 23,
1987.
•
Sec. 2-278. Deferred retirement upon separation from employment (vesting).
(a) A member of the retirement system who terminates city employment prior to satisfying
the requirements for voluntary retirement. under section 2-276 for a reason other than
retirement or death, who has not received a refund of his or her member contributions, and
who has the applicable period of credited service specified in subsection (b) shall remain a
Supp.No.22 175 ATTACHMENT 3•
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§ 2-278 • ATLANTIC BEACH CODE
•
..._ member and be entitled to be paid a pension upon attaining the age and service requirements
• for.voluntary retirement, as set forth in section 2-276. Upon attaining the age and service
requirement for voluntary retirement,the member shall be paid a pension computed according .
to the applicable subsections of section 2-281 as the subsections were in force at the time a •
member left city employment.
(b) The credited service requirement for separation from city employment with entitlement
to deferred retirement is:
• (1) Benefit group police:Five (5)years;
(2) Benefit group general: Five (5)years.
(Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 15,
11-23-98; Ord. No. 58-99-27, § 1, 11-8-99)
Sec. 2-279. Disability retirement—General conditions for eligibility. .
(a) A member having five (5) or more continuous years of credited service and having
contributed to the retirement system for five (5)years or more may retire from the service of
the city if he becomes totally and permanently disabled as defined in subsection(b)by reason
of any cause other than a cause set out in subsection (c). Such retirement shall herein be
referred to as "disability retirement." The five.(5) years of credited service requirement shall
not apply to police officers disabled(as defined herein)in the line of duty.The minimum benefit
for any police officer disabled in the line of duty shall be forty-two (42) percent of the final
average compensation, regardless of years.of credited service.
(1) For police group any permanent disability, as defined in subsection(a)of this section,
which is the result of or caused by tuberculosis, hepatitis, meningococcal meningitis,
hypertension, heart disease or hardening of the arteries shall be presumed to have
been incurred in the line of duty unless the contrary is shown by competent evidence
or unless a physical examination of the member conducted upon initial hiring by the
city revealed the existence of such condition at that time, and provided that a member
claiming disability due to tuberculosis or meningococcal meningitis provides the
• affidavit required by F.S. § 112.181(2).
(b) A member will be considered disabled if, in the opinion of the board of trustees, the
member is totally and_p.ermanently prevented from rendering useful and efficient service:
(1) As a police officer, if a member of benefit group police; or
(2) As a city employee, if a member of benefit group general.
If a police officer is found by the board of trustees to have been disabled in the line of duty,total
disability shall be determined on the basis of rendering useful and efficient service as a police
officer, as the case may be.
•. To the extent required by Florida Statutes, any condition or impairment of the health of a
police officer resulting from conditions specified by Florida Statutes shall be presumed to have
been incurred in the line of duty unless shown to the contrary by competent evidence;provided,
Supp. No.22 176
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• ADMINISTRATION § 2-279
•
the police officer shall have successfully passed a physical examination upon entering into
service with the city as a.police officer and the examination failed to reveal evidence of a
•
presumptive condition.
• (c) A member will not be entitled to receive any disability retirement income if disability is
as a result of: — -
(1) —Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating
in fights, riots, or civil insurrections or while committing a crime;
(3) Injury or disease sustained by the employee while serving in any armed forces; or
(4) Injury or disease sustained by the employee after his/her employment has terminated.
(d) No member shall be permitted to retire under the provisions of this section until he/she
is examined by a duly qualified physician or surgeon,to be selected by the board of trustees for
that purpose, and is found to be disabled in the degree and in the manner specified in this
section. Any member retiring under this section may be examined periodically by a duly
qualified physician or surgeon or board of physicians and surgeons to be selected by the board
•
.•. of trustees for that purpose, to determine if such disability has ceased to exist. If a member
refuses to submit to such an examination,the member's disability pension shall be suspended
until such time as the member submits to the examination.
•
(e) The benefits payable to a member who retires from the service of the city with a total and
permanent disability as a direct result of a disability commencing prior to his normal
retirement date is the monthly income computed according to the applicable subsections of
section 2-281 or, if a police officer, forty-two (42) percent of final average compensation,
whichever is greater.
(0 The monthly retirement income as computed in section 2-281 to which a member is
entitled in the event of his disability retirement shall be payable monthly after the board of
trustees determine such entitlement retroactive to the date of application or the last day on
payroll, whichever is later. If the member recovers from the disability prior to his normal -
retirement date, the last payment will be the payment due next preceding the date of such
recovery. If the member dies without recovering from his disability or attains his normal
retirement date while still disabled,the last payment will be the payment due next preceding
his death.
(g) If the board of trustees finds that a member who is receiving a disability retirement
income is, at any time prior to his normal retirement date, no longer disabled, as provided
herein,the board of trustees shall direct that the disability retirement income be discontinued.
Recovery from disability as used herein means the ability of the member to render useful and
41). efficient service as an employee of the city within the benefit group to which the member
belonged at the time the disability benefit was granted, regardless of whether the member is
reemployed by the city.
Supp. No.22 177
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§ 2-279 ATLANTIC BEACH CODE
•
(h) If the member recovers from disability and reenters the service of the city as an
employee, his service will be deemed to have been continuous, but the period beginning with . _
the first month for which he received disability retirement income payment and ending with
the date he reentered the city service will not be considered as credited service for the purpose
of the system. •
(Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1,
11-28-88; Ord.No. 58-93-19A,§1, 10-25-93;Ord.No.58-95-20, § 1, 6-12-95; Ord.No.58-96-21,
§ 1, 2=12-96; Ord. No. 58-98-25, § 16, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99)
•
Sec. 2-280. Same-Continuation subject to re-examination;return to employment.
(a) The board of trustees may require a disability retirant to undergo periodic medical
examination if the disability retirant has not attained the following applicable age:
(1) Benefit group police:Age sixty(60)years;
(2) Benefit group general:Age sixty(60)years.
(b) If a disability retirant refuses to submit to a medical examination payment of the
disability pension may be suspended by the board of trustees until withdrawal of the refusal.
Should refusal continue for one(1)year all the disability retirant's rights in and to a disability
pension may be revoked by the board of trustees.
(c) A disability retirant who has been restored to employment with the city as provided in
subsection(a)shall again become a member of the retirement system.Service shall be credited
for the period the disability retirant was being paid a disability pension.
(Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1,
11-8-99)
Sec. 2-281. Amount of level straight life pension.
(a) Benefit group police. Subject to section 2-285, the amount of level straight life pension
shall be equal to the retiring member's benefit group police credited service multiplied by three
(3)percent of the retiring member's final average compensation.
(b) Benefit group general. Subject to section 2-285,the amount of level straight life pension
shall be equal to the retiring member's benefit group general credited service multiplied by the
sum of two and eighty-five hundredths (2.85) percent of the retiring member's final average
compensation.
(c) Cost-of-lining adjustment. All retirement system members and beneficiaries who retired
prior to January 1, 1997, shall receive a one-time cost-of-living adjustment,which shall be in
an amount equal to three (3) percent of the benefits paid to such retired members and
111 beneficiaries during the immediately preceding month.
(Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18 § 1,
9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-97-23, § 1, 7-14-97; Ord.No. 58-99-27,
§ 1, 11-8-99)
Supp.No.22 178 ATTA CUM-ENT
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June 26, 2000
•
ADMINISTRATION § 2-283
-. . . Sec. 2-282. Optional forms of pension payment. 0
• A member of the retirement system may elect to be paid under one (1) of the following
optional forms of payment in lieu of the level straight life form of payment.The election must
be made in writing and filed with the board of trustees prior to the date retirement is effective.
Payment will be made under the level straight life form of payment if a timely election of an
optional form of payment is not made. The amount of pension under Option A and Option B
shall be the actuarial equivalent of theamount of pension under the level straight life form of
payment. In no event may a member's annual benefit exceed the lesser of:
•
(1) Option A; one hundred percent survivor pension: Under Option A, a retirant shall be
paid a reduced pension for life with the provision that upon the retirant's death, the
reduced pension shall be continued throughout the future lifetime of and paid to such
person as the retirant shall have nominated by written designation duly executed and
filed with the board of trustees at the time of election of the optional form of payment.
(2) Option B; fifty percent survivor pension: Under Option B, a retirant shall be paid a
reduced pension for life with the provision that upon the retirant's death, one-half of
the reduced pension shall be continued throughout the future lifetime of and paid to
such person having an insurable interest in the retirant's life, as the retirant shall
have nominated by written designation duly executed and filed with the board of
trustees at the time of election of the optional form of payment.
(3) Option C;social security coordinated pension:Under Option C, a retirant shall be paid
anincreased pension to attainment of the age when the retirant is eligible to receive
regular social security retirement benefits, and a reduced pension thereafter. The
increased pension paid to attainment of regular social security retirement age shall
approximate the sum of the reduced pension payable thereafter plus the retirant's
estimated social security primary insurance amount.
(4) Other benefit form: Any other actuarially equivalent form of benefit requested by a
member and approved, in their sole discretion, by the board of trustees.
(Ord. No. 58-75-4, § 22, 12-22-75; Ord. No. 58-98-25, § 18, 11-23-98)
Sec. 2-283. Death while in city employment; elective survivor pension.
(a) Each member may, on a form provided for that purpose,signed and filed with the board
of trustees, designate a beneficiary (or beneficiaries)to receive the benefit, if any,which may
be payable in the event of his/her death,and each designation may be revoked by such member
by signing and filing with the board of trustees a new designation of beneficiary form.
(b) Upon the death of a member who has a valid nomination-of-beneficiary in force, the
beneficiary, if living, shall be paid a level straight life pension computed according to section
2-281 in the same manner in all respects as if the member had elected Option A provided in
4110 section 2-282 and retired the day preceding his/her death, notwithstanding that the member
may not have satisfied the conditions for retirement.Upon a member's retirement,resignation
or termination as a city employee, eligibility for the death benefit payable under this section
will automatically terminate.
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§ 2-283 ATLANTIC BEACH CODE
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(c) If a member failed to name a beneficiary in the manner prescribed in subsection (a)
above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the
member, the death benefit, if any, which maybe payable under the plan with respect'to such
deceased member, may be paid in the discretion of the board of trustees either to: (i)Any one
(1) or more of the persons comprising the group consisting of the member's spouse, the
member's descendants, the member's parents, or the member's heirs at law, and the board of
trustees may pay the entire benefit to any member of such group or portion such benefit among
any two(2)or more of them in such shares as the board of trustees,in its sole discretion,shall
determine; or(ii)The estate of such member, provided that in any of such cases the board of
trustees, in its discretion, may direct that the commuted value of the remaining monthly
income payments be paid in a lump sum.Any payment made to any person pursuant to the
power and discretion conferred upon the board of trustees by the preceding sentence shall
operate as a complete discharge of all obligations under the plan with regard to such deceased
member and shall not be subject to a review by anyone, but shall be final, binding and
conclusive on all persons ever interested hereunder.
(Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1,
11-28-88; Ord. No. 58-98-25, § 19, 11-23-98)
Sec. 2-284. Alternate death while in city employment; pension to spouse and/or
• , • children.
•
(a) The applicable benefits provided in subsections (b) and (c) of this section -or, if the
member designated the member's spouse or children, as set forth below, the benefits provided
in section 2-283,whichever are greater,shall be paid if a member of the retirement system who
has five (5) or more years of credited service and dies while in the employ of the city. The
provisions of this section shall not apply in the case of death of a member who has a valid
designation of beneficiary, other than the member's spouse or children as set forth below, in
force pursuant to section 2-283.
(b) The person to whom the deceased member was married at the time of death shall be paid
a pension equal to a percent of the amount of level straight life pension computed according to
the applicable subsection of section 2-281, based on the deceased member's final average
compensation and credited service. The percent shall be equal to the applicable following
percent:
(1) Benefit group police: Seventy-five (75) percent;
(2) Benefit group general: Seventy-five (75) percent.
A surviving spouse's pension shall terminate upon death.
(c) The deceased member's unmarried children under the age of nineteen (19) years, or
twenty-three (23) years if enrolled full-time as a student in an educational institution, shall
each be paid an equal share of a level straight life pension computed according to the applicable
subsection of section 2-281, based on the deceased member's final average compensation and
credited service. The percent shall be equal to the applicable following percent:
.. (1) Benefit group police. Zero (0) percent during periods aension is beingpaid in
P
accordance with the provisions of subsection (b). Fifty (50) percent during periods a
pension is not being paid in accordance with the provisions of subsection (b);
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ADMINISTRATION §2-285
(2) Benefit group general. Zero (0) percent during periods a pension is being paid in
accordance with_the provisions of subsection (b). Fifty (50) percent during periods a
pension is not being paid in accordance with the provisions of subsection (b).
A surviving child's pension shall terminate'upon attainment of age nineteen (19)years or, if
over nineteen (19), upon no longer being enrolled as a full-time student in an educational
institution, marriage, or death, and the pension of each remaining eligible child shall be
recomputed.
(Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 20,
11-23-98; Ord. No. 58-99-27, § 1, 11-8-99) •
Sec. 2-285. Maximum amount of pension.
(a) The normal retirement pension payable to a member of the retirement system and who
has not previously participated in such system, on or after January 1, 1980, shall not exceed
one hundred (100)percent of his final average compensation. However, nothing contained in
this section shall apply to supplemental retirement benefits or to pension increases attribut-
able to cost-of-living increases or adjustments.
(b) No member of the system covered by this article who is not now a member of such system
shall be allowed to receive a retirement pension which is, in part or in whole, based upon any
/11) .
service with respect to which the member is already receiving, or will receive in the future,e, a
retirement pension from another retirement system or plan;provided that this restriction does
not apply to social security benefits or federal benefits under Chapter 67, Title 10,U.S. Code.
(c) In no event may a member's annual benefit exceed the lesser of:
(1) One hundred fifty thousand dollars ($150,000.00) (adjusted for cost of living in
accordance with Section 415(d)of the Internal Revenue Code, but only for the year in
which such adjustment is effective); or
(2) Notwithstanding the provisions of paragraphs (a) and (b) above, the annual benefit
payable to a member having at least fifteen(15)years of service shall not be less than
the annually adjusted amount provided in the provisions of IRC Section 415(d).
(3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal
Revenue Code shall be disregarded. The limitation on compensation for an "eligible
employee" shall not be less than the amount which was allowed to be taken into
account hereunder as in effect on July 1, 1993."Eligible employee"is an individual who
was a member before the first plan year beginning after December 31, 1995.
(4) If the member has less than ten (10)years of service with the employer(as defined in
Section 415(b)(5)of the Internal Revenue Code and as modified by Section 415(b)(6)(D)
of the Internal;Revenue Code),the applicable limitation in subsection(1)or subsection
(2)of this subsection shall be reduced by multiplying such limitation by a fraction,not
i.. to exceed one(1).The numerator of such fraction shall be the number of years,or part
thereof, of service with the employer; the denominator shall be ten (10) years. For
purposes of this subsection, annual benefit means a benefit payable annually in the
Supp. No.22 181 ATTACHMENT- 3
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§ 2-285 ' ATLANTIC BEACH CODE
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form of a straight-line annuity with no ancillary or incidental benefits and with no
member or rollover contributions. To the extent that ancillary.benefits are provided,
• the limits set forth in subsections" (1) and (2) of this subsection_will be *reduced
•
actuarially,using an interest rate assumption equal to the greater of five(5)percent or
the interest rate used in the most recent annual actuarial valuation, to reflect such
ancillary benefits. If distribution of retirement benefits begins before age sixty-two
(62), the dollar limitation as described in subsection (1) of this subsection shall be
reduced actuarially using an interest rate assumption equal to the greater of five (5)
percent or the interest rate used in the most recent annual actuarial valuation;
however,retirement benefits shall not be reduced below seventy-five thousand dollars .
($75,000.00)if payment of benefits begins at or after age fifty-five (55). If retirement
benefits begin after age sixty-five (65), the dollar limitation of subsection (1) of this
subsection shall be increased actuarially using an interest assumption equal to the
lesser of five (5)percent or the interest rate used in the most recent annual actuarial
valuation. For purposes of this subsection, average annual compensation for a
member's three (3) highest paid consecutive years means the member's greatest
aggregate compensation during the period of three (3) consecutive years in which the
individual was an active member of the plan.The special maximum retirement income
limitation applicable to police officers at the normal retirement date shall be as set
fib
• •
forth in Section 415(G)and(H)of the Internal Revenue Code of
1986 and amendments
thereto and such amount shall be adjusted in accordance with regulations promulgated
by the secretary of the treasury or his/her delegate.
(Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88; Ord. No. 58-88-13, § 1,
11-28-88; Ord. No. 58-98-25, § 21, 11-23-98)
State law reference—Limitation of benefits, F.S. § 112.65.
Sec. 2-286. Subrogation rights.
If a member of the retirement system, retirant or beneficiary becomes entitled to a pension
as the result of an accident or injury caused by the act of a third party, the retirement system
shall be subrogated to the rights of such member, retirant or beneficiary against such third
party to the extent of pensions which the retirement system pays or becomes liable to pay on
account of such accident or injury.
(Ord. No. 58-75-4, § 26, 12-22-75; Ord. No. 58-98-25, § 22, 11=23-98)
Sec. 2-287. Reserved.
Editor's note—Ord. No. 58-98-25, § 23, adopted Nov. 23, 1998, repealed § 2-287 which
pertained to reserve for retired benefit payments and derived from Ord. No. 58-75-4; § 27,
adopted Dec. 22, 1975.
Sec. 2-288. City contribution.
• (a) The plan shall be funded by contributions from member contributions, asP rovided in
section 2-298,state funding provided for in F.S. §§ 175.101 and 175.121,contributions from the
city and other income sources as authorized by law.
Supp.No.22 182 ATTACHMENT 3
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June 26, 2000
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ADMINISTR.A.TION § 2-290
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(b) State funding shall be provided from premium taxes collected and disbursed pursuant
to F.S. §§ 175.101 and 185.121,which moneys shall be deposited into the fund within five (5)
calendar days of receipt by the city with the understanding that these premium tax revenues
shall be deposited into and become an integral part of this fund and may not be used for any • -
other purpose.
•
(c) City contributions shall be made to the plan,on at least a quarterly basis,in an amount
which, together with the member contributions provided for in section 2-298 and the state
premium taxes funding provided for in subsection(b)and other income sources as authorized
•
by law, sufficient to meet the normal cost of the plan and to fund the actuarial deficiency over
a period of not more than forty (40) years, as determined by the Florida Statutes required
annual actuarial valuation.
Such contributions shall be computed as level percents of member payroll in accordance
with generally accepted actuarial principles on the basis of such rates of interest and tables of
experience as the board of trustees shall from time to time adopt.The city shall also contribute
the anticipated cost of any insurance coverage provided retirants and beneficiaries, to the
extent such cost cannot be covered by the unencumbered balance in the plan.The board shall
annually certify to the city the contributions determined according to this section, and the city
shall appropriate and pay to the retirement system, the contributions so certified.
S (d) All benefits and expenses shall be paid in accordance with the provisions of this pension
plan and consistent with Florida Statutes and the Internal Revenue Code.
(Ord. No.58-75-4, § 28, 12-22-75; Ord. No. 58-98-25, § 24, 11-23-98)
Sec. 2-289. Reserved.
Editor's note—Ord. No. 58-98-25, § 25, adopted Nov. 23, 1998, repealed § 2-289 which
pertained to reserve for undistributed investment income and derived from Ord. No. 58-75-4,
§ 29, adopted Dec. 22, 1975.
Sec. 2-290. Investment of retirement system assets.
• The board of trustees shall be the trustee of the monies and assets of the retirement system.
•
The board shall have full power and authority, in their sole discretion, to invest and reinvest
such funds as are not necessary for current expenditures or liquid reserves, as they may from
time to time determine. The trustees may sell, exchange or otherwise dispose of such
investments at any time.The trustees shall have the authority,in respect to any stocks,bonds
or other property,real or personal,held by them as trustees,to exercise all such rights,powers
and privileges as might be lawfully exercised by any person owning similar stocks, bonds or
other property in his own right. The trustees are authorized to vary from the investment
procedures outlined in F.S. Chs. 175 and 185, and invest in those stocks, bonds and other
securities permitted by the investment policies or guidelines adopted by the trustees.
(a) Delegation and allocation of investment functions.
(1) The trustees shall have the power and authority to appoint one (1) or more
investment managers who shall be responsible for the management, acquisition,
•
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June 26, 2000
§ 2-290 • ATLANTIC BEACH CODE
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disposition,investing and reinvesting of such of the assets of the trust fund as the
trustees shall specify.Any suckappointment may be terminated by the trustees
upon written notice.The fees of such investment manager'shall be paid out of the
trust fund:The trustees shall require that the investment manager acknowledge
in writing that it is a named fiduciary with respect to the plan.
•
(2) In connection with any allocation or delegation of investment functions under this
section, the trustees shall, from time to time, adopt appropriate investment
policies or guidelines,which may vary from the investment procedures outlined in
F.S. Chs. 175 and 185.
(Ord.No.58-75-4,§30, 12-22-75;Ord.No.58-85-5,§1,7-22-85;Ord.No.58-92-17, § 1, 1-27-92;
Ord. No. 58-98-25, § 26, 11-23-98)
•
Sec. 2-291. Divisions.
The retirement system shall consist of two(2)divisions, one(1)for members who are police
officers, and one (1) for all other members. Separate accounting of the transactions of the
retirement system shall be maintained for each division and shall clearly indicate the equity
of each division in the assets of the retirement system. The account separation shall be
• effective as of June 1, 1976. Each division shall be regarded as a separate trust fund. The
• provisions of this section refer only to the accounting records
nt system and
shall not be construed a requiring a physical segregation of the assets of the retirement system
between the divisions.
• (Ord. No. 58-75-4, § 31, 12-22-75; Ord. No. 58-99-27, § 1, 11-8-99)
Sec. 2-292. Expenses. •
The expenses of administering a retirement system, including the premiums for fiduciary
liability and waiver of recourse insurance covering the board of trustees and the retirement
system, shall be paid by the city.
(Ord. No. 58-75-4, § 32, 12-22-75; Ord. No. 58-98-25, § 27, 11-23-98)
Sec. 2-293. Reserved. –
Editor's note—Ord. No. 58-98-25, § 28, adopted Nov.23, 1998, repealed § 2-293 which
pertained to insurance coverage for retirants and beneficiaries and derived from Ord. No.
58-75-4, § 33, adopted Dec. 22, 1975.
Sec. 2-294. Method of making payments.
All payments under this division shall be made according to the provisions of the City
Charter and city ordinances governing the disbursement of city monies. No payment shall be
• made that has not been authorized by a specific or continuing resolution of the board of
trustees.
(Ord. No. 58-75-4, § 34, 12-22-75)
•
Supp.No.22 184
ATTACHMENT 3 .
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ADMINISTRATION §2-295
Sec. 2-295. Assignments prohibited.
(a) Generally. The right of a person to a pension,disability, death or survivor benefit, and .
any other right accrued or accruing to any person under the provisions of this division,and any
monies in assets belonging to the retirement system, shall not be subject to execution,
garnishment, attachment,the operation of bankruptcy or insolvency law,or any other process
of law whatsoever,and shall be unassignable except as is specifically provided in this division.
If a member is covered under a group insurance or prepayment plan participated in by the city,
and should the member or his/her beneficiary be permitted to and elect to continue the
coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of
trustees to deduct required payments to continue coverage under the group insurance or
prepayment plan. The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member, retirant or beneficiary in addition to any other
remedies, including forfeiture of benefits, provided by law. •
(b) Direct transfers of eligible rollover distributions. This subsection applies to distributions
made on or after October 1, 1993. Notwithstanding any provision of the plan to the contrary
that would otherwise limit a distributee's election under this section, a distributee may elect,
• at the time and in the manner prescribed by the board of trustees, to have any portion of an
• eligible rollover distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
(1) "Eligible rollover distribution" means any distribution of all or any portion of the
balance to the credit of the distributee;except that an eligible rollover distribution does
not include any distribution that is one (1) of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life expectancy) of
the distributee or the joint lives (or joint life expectancies) of the distributee and the
distributee's designated beneficiary or for a specified period of ten (10)years or more;
any distribution to the extent such distribution is required under Section 401(a)(9) of
the Internal Revenue Code; and the portion of any distribution that is not includable
in gross income (determined without regard to the exclusion for net unrealized
• appreciation with respect to employer securities).
•
(2) "Eligible retirement" means an individual retirement account described in Section
408(a) of the Internal Revenue Code, an individual retirement annuity described in
Section 408(b) of the Internal Revenue Code, an annuity plan described in Section
403(a)of the Internal Revenue Code,or a qualified trust described in Section 401(a)of
the Internal Revenue Code,that accepts the distributee's eligible rollover distribution.
However, in the case of an eligible rollover distribution to the surviving spouse, an
eligible retirement plan is an individual retirement account or individual retirement
annuity.
(3) "Distributee" includes an employee or former employee. In addition,the employee's or
•
former employee's surviving spouse, or the employee's or former employee's spouse or
former spouse who is the alternate payee under an income deduction order, is a
distributee with regard to the interest of the spouse or former spouse.
Sunn Nn 22 185 ATTACHMENT • 3
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June 26, 2000
411 . - : § 2-295 ATLANTIC BEACH CODE
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(4) "Direct rollover"means a payment by the plan to the eligible retirement plan specified
-by the distributee. . .
(Ord. No. 58-75-4, § 35, 12-2245; Ord. No. 58-98-25,§.29, 11-23-98) . •
• Sec. 2-296. Errors. .
Should the board of trustees determine that any member, retirant or beneficiary is being
paid from the retirement system more or less than is correct,the board of trustees shall correct
the error and,as far as practicable,shall adjust the payment in such manner that the actuarial
equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled
. shall be paid.
(Ord. No. 58-75-4, § 36, 12-22-75; Ord. No. 58-98-25, § 30, 11-23-98)
Sec. 2-297. Protection against fraud.
Whoever with intent to deceive shall make any statements and/or reports required under
this division which are untrue,or shall falsify or permit to be falsified any record or records of
the retirement system,or who shall otherwise violate,with intent to deceive, any of the terms
or provisions of this division, shall be guilty of a city offense.
• Any member who is convicted as provided in F.S.§ 112.3173 of a specified offense committed
prior to retirement,or whose employment is terminated by reason of an admitted commission,
aid or abatement of a specified offense, shall forfeit all rights and benefits under this pension
plan, except for return of accumulated contributions as of his date of termination.
(Ord. No. 58-75-4, § 37, 12-22-75; Ord. No. 58-98-25, § 31, 11-23-98)
Sec. 2-298. Member contributions.
(a) Member contributions by benefit group police bargaining unit members covered by the
• current bargaining unit contract shall be one(1)percent of salary and by other benefit group
police members shall be four and eight hundred fifteen thousandths (4.815)percent of salary
which shall be deducted from the member's pay and paid over into the retirement system at the
same time as city contributions are made.
(b) Member contributions for benefit group general shall be two (2) percent of salary and
said contribution shall be deducted from the member's pay and paid over into the retirement
system at the same time as the city contribution is made to the retirement system.
(c) The City of Atlantic Beach shall assume and pay the member contributions set forth
above in lieu of payroll deductions from such members' earnings. No member shall have the
option of choosing to receive the contributed amounts directly instead of having them paid by
the city directly to the retirement system.All such contributions by the city shall be deemed
and considered as part of the member's contributions and subject to all provisions of this plan
•.. pertaining to contributions of members.Such contributions shall additionallybe considered sidered as
part of the member's compensation for purposes of determining final average compensation
and any other benefits hereunder and for determining the member's hourly wage rate for
•
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ADMINISTRATION • § 2-299
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purposes of FICA contributions,worker's compensation,and overtime compensation.This city
pick up of contributions is a result of a commensurate reduction of each member's pay and is
intended to comply with Section 414(h)(2) of the Internal Revenue Code. .
(d) If an employee leaves the service of the city before accumulating aggregate time of five
(5) years toward retirement and before being eligible to retire under the provisions of this
article he/she shall be entitled to a refund of all of his or her contributions made to the city
pension trust fund,plus any interest accumulated at a rate of interest determined annually by
the board of trustees,less any disability benefits paid to him/her.If an employee who has been
in the service of the city for at least five(5)years and has contributed to the pension trust fund
as provided elects to leave his or her accrued contributions in the trust fund, such employee,
upon attaining the age as required in section 2-278, may retire with the actuarial equivalent
of the amount of such retirement income otherwise payable to him/her.
(e) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined by the internal
revenue service;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA; and
Op ••
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid(in
such form and at such time as the distributing plan administration may prescribe),
the distribution will be made in the form of a direct trustee-to-trustee transfer to the specified
eligible retirement plan.
(Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1,
10-25-93; Ord.No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1,2-24-97; Ord. No. 58-97-23,§
2, 7-14-97; Ord.No. 58-97-24, § 1,9-8-97; Ord.No.58-98-25, §32, 11-23-98; Ord.No.58-99-27,
§ 1, 11-8-99)
Sec. 2-299. Benefit limitations and required distributions.
(a) Benefits paid under the city employees retirement system shall not exceed the
limitations of Internal Revenue Code Section 415, the provisions of which are hereby
incorporated by reference.
(b) Notwithstanding any provisions in this section to the contrary, the distribution of
benefits shall be in accordance with the following requirements and otherwise comply with
Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of
which are incorporated herein by reference:
(1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar
year following the later of the calendar year in which the member attains age seventy
0.
and one-half(70'/2) or the calendar year in which the member retires. Alternatively,
distributions to a member must begin no later than the applicable April 1, as
Supp. No.22 187 ATTACHMENT •3
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§ 2-299 •
ATLANTIC BEACH CODE
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_: - •__""" : __ __ -determined under the preceding sentence, and must be made over the
e
. • member (or the" life expectancies of the member and the. member'sdesi n tithe
. beneficiary)in-accordance with relordan • ' ations. • • bated
•
(2) Distributions to a member and his/her beneficiary shall onl be • .
with the incidental death benefit requirements of Y made in accordance
401(a)(9)(G) and the regulations the [Internal Revenue) Code Section
(Ord. No. 58-96-21, § 1, 2.12-96)
reunder.
Secs. 2-300-2-310, Reserved.
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ATTACHMENT B
JUNE 26, 2000 COMMISSION MEETING
June 26, 2000
•
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: JTA Flyover Water Line Relocation-Additional Costs
SUBMITTED BY: Robert S. Kosoy,P.E.,Director of Public Works .. D
DATE: June 20, 2000
BACKGROUND: The Jacksonville Transportation Authority(JTA)Flyover project was
designed, and bids were awarded to Superior Construction Company on October 28, 1999 by
JTA. After bids were awarded, further design modifications were made by JTA and we were
notified that our existing water main on the west side of Mayport Road would require relocation.
Staff expedited the project in order to avoid penalties for delaying the contractor. Connelly&
Wicker has completed the design, and a permit has been issued by the Health Department.
0 On May 22, 2000 the City Commission authorized staff to award project construction to either
Gruhn May, Inc. or Superior Construction Company,based on the lowest price proposal, in an
amount not to exceed$234,236. The "not to exceed" amount was based on Connelly&
Wicker's estimated project cost.
Price proposals were obtained from both Gruhn May, Inc. and Superior Construction Company
Both proposals were in excess of the"not to exceed" amount of$234,236 as follows:
Gruhn May, Inc. Superior
Construction Co.
Contractor's Price $349,285.50 $352,649.25
10% Contingency $34,928.55 $35,264.93
Total $384,214.05 $387,914.18
Both contractors were questioned about the high cost, and both responded that additional costs
were due to FDOT maintenance of traffic issues on Mayport Road, offset joints needed to avoid
conflicts with drainage structures, and the inability to complete substantial amounts of work
during each day. Construction continues on the project, and this work must still be expedited to
avoid a contract delay. Connelly& Wicker recommends award of the contract to Superior
0 Construction Company to avoid a contract delay and possible added costs. Staff concurs with
their recommendation due to the fact that Superior Construction Company is already
constructing the JTA Flyover, and it will be easier to monitor the quality of one contractor's
8B
June 26, 2000
work. JTA has agreed to waive the additional administrative fees.
BUDGET: As noted in the previous staff report, funds were not budgeted for this project, based
on information available during the budgeting process. Staff recommends Water Utility Fund
Reserves be used to fund the work
RECOMMENDATION: Award the project for JTA Flyover Water Line Relocation to Superior
Construction, Inc. in the amount of$387,914.18, and authorize the City Manager to sign the
construction contract.
ATTACHMENTS: 1. Bid Tabulation Form
2. Letter from Connelly&Wicker dated June 19, 2000
*3. Bid specifications and plans on fil- with City Clerk
REVIEWED BY CITY MANAGER:
* Bid specifications and plans are lengthy documen and it is impractical to make copies.
These documents are available for review in the C Clerk's office.
•
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ii • 11111 .
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ATLANTIC BOULEVARDIMAYPORT ROAD L
INTERSECTION IMPROVEMENTS C
3
ATLANTIC BEACH WATERMAIN RELOCATION
BID TABULATION (D
�4At$It7.: • 1SU 0
� PFRIOR CONSTRl1CTION I :C3f2UHti MAV INC:
)7-E141 LJb . • ITI`PA DE&CRIPTION QrV Unitr:'_l:LINITPRiCE_ TOTAL NATPRICE :: TIAL CQ1WM fi17S 0
ROADWAYffEMS `I� O
2101-1 MOBILIZATIC-N 1.0 LS $ 40,000.00 $ 40,000.00 $ 10,050.00 5 10,050.00, Ja
12102-1 MAINTENANCE OF TRAFFIC 1.0 LS $ 43,500.00 $ 43,500.00 j 3 11,120.00 $ 11,120.00
N
2102-60 WORK ZONE SIGNS 700.0 ED $ 0.30 S 210.00 1 S 1.20 S 840.00 CO
102-61 BUSINESS S GNS 4.0 EA $ 75.00 S 300.00 3 60.00 $ 200.00 'Is
'102-69 TEMPORARY CURB 316.0 M1 $ 40.00 $ 12,640.00 $ 55.00 S 17,380.00
102-74-1 BARRICADE TEM• TYPES I,II,VP OR DRUM 4000.0 ED 1 $ 0.23 $ 1,120.00 $ 0.35 $ 1,400.00
102-74-2 BARRICADE(TEMP)jTYPE III) 40.0 ED 1 S 0.45 $ 18.00 S 0.90 S 36.00
102-78 REFLECTIVE PAVEMENT MARKER(TEMP) 55.0 EA $ 2.75 $ 15125 S 89.00 $ 4,895.00
ROADWAY ITEMS SUBTOTAL $ 97 7
,93925 $ 45,921.00 O
,
3
POTABLE WATER IAAIN ITEMS I lb
3010-3 PIPE(Plug&Place Out of Service)(210mm or Morel 407.0 M1 ' $ 30.00 $ 12,210.00 $ 19.50 $ 7,936.50 1-•
3050-120-404 TAPPING SLEEVE&VALVE IF&I)(100mm) 1.0 EA S 2,750.00 $ 2,750.00 ! S 3,296.00 S 3296.00 CC
3070-111-107 GATE VALVE ASSEM,(F&I)(1034 kpax100mm) 1.0 EA 1 $ 800.00 5 800.00 $ 822.00 5 822.00
3070-111-108 GATE VALVE ASSEM.(F&I)(1034 kpa�150mm) 3.0 EA $ 1,000.00 $ 3,000.00 $ 922.00 $ 2,766.00
3070-111-109 GATE VALVE ASSEM.(F&I)(1034 kpax200mm) 3.0 EA ' $ 1,200.00 $ 3,600.00 $ 1,168.00 $ 3,504.00 E
3070-111-110 GATE VALVE ASSEM.(F&1)/1034 kpa)(250mm) 3.0 EA ! $ 1,500.00 $ 4,500.00 S 1,476.00 $ 4,428.00 ...
3080-100-07 VALVE BOX I F&1)(100mm) 1.0 EA ' $ 200.00 $ 200.00 $ 150.00 $ 150.00 0
3080-100-08 VALVE BOX i F8J)(150mm) 3.0 EA $ 200.00 $ 600.00 $ 150.00 $ 450.00 I
rD
3080-100-09 VALVE BOX,F&I)(200mm) 3.0 EA 1$ 200.00 $ 600.00 $ 150.00 $ 450.00 i -T
'4080-100-10 VALVE BOX IF&I)(250mm) 3.0 EA $ 200.00 $ 600.00 $ 150.00 $ 450.00
4100-111-207 PIPE(DI)(FAA)(PUSH ON)(CL 51)(100 mm)(INCLDES PAVEMENT REPLACEMENT) 6.0 M1 $ 800.00 S 3,600.00 3 1,085.00 $ 6,510.00 I BID PVC DR 18 "-'
4100-111-208 PIPE(DI)(FAIL/PUSH ON)(CL 51)(150 mm)(INCLOES PAVEMENT REPLACEMENT) 23.0 M1 $ 450.00 5 10,350.00 $ 583.00 $ 13,409.00 BID PVC DR 18 O
O
4100-111-209 PIPE(DI)(FM)(PUSH ON)(CL 511200 mm)(INCLDES PAVEMENT REPLACEMENT) 28.0 Mt $ 400.00 S 11,200.00 $ 350.00 S 9,800.00 BID PVC DR 18
4100-111-210 PIPE(DI)(Fra)(PUSH ON)(CL 5115250 mm)JINCLDES PAVEMENT REPLACEMENT) 400.0 M1 5 315.00 $ 126,000.00 3 383.00 $ 153,200.00 BID PVC DR 18
•11-142-07 WATER FITTING(F&I)(100 rrrn BEND)45 1.0 EA $ 200.00 5 200.00 $ 800-00 $ 800.00
3611-142-07 WATER FITTING(FAI)(100 mm BEND)90 2.0 EA S 250.00 $ 500.00 j $ 590.00 S 1,180.00
3611-142-08 WATER FITTING(F&I)(150 rrrn BEND)45 8.0 EA $ 350.00 $ 2,800.00 ;S 637.00 $ 6,696.00
3611-142-09 WATER FITTING(F&11(200 mm BEND)45 6.0 EA $ 600.00 $ 3,800.00 3 875.00 $ 5,250.00 ^
'3611-142-10 WATER FITTING(F&I)(250 mm BEND)45 18.0 EA $ 1,000.00 $ 18,000.00 '$ 1,535.00 $ 27,630.00 I CO
O
3611-143-05A WATER FITTING(F&I)(200mm x 150mm TEE) 1.0 EA $ 700.00 5 700.00 ' $ 1,536.00 $ 1,536.00 I 41
3611-143-08A WATER FITTING(F&I1(250mm x 150mm TEE) 3.0 EA $ 1,000.00 $ 3,000.00 $ 1,948.00 $ 5,844.00
13611-144-02A WATER FITTING(F&I)(150mm x 100mm REDUCER) 1.0 EA $ 500.00 $ 500.00 $ 800.00 5 800.00 IV
3611-144-028 WATER FITTING(F&I)(250mm x 200mm REDUCER) 1.0 EA $ 900.00 $ 900.00 $ 920.00 S 920.00
13611-145-08A WATER FITTING(F&I),260mm x 150mm CROSS) 1.0 EA $ 1,000.00 $ 1,000.00 $ 980.00 S 980.00 I
13611-153-09A WATER FITTING/F8.1)(250mm x 200mm TEE) 3.0 EA $ 1,000.00 $ 3,000.00 S 1,961.00 S 5,883.00
;3612-107 MECHANICAL JOINT RESTRAINT F&I 100 mm �-'
( )( ) a.o EA $ 200.00 s soo 0o 5 240.00 $ 960.00
11.1
3612-108 MECHANICAL JOINT RESTRAINT(F&I)(150 mm) 20.0 EA ,$ 300.00 $ 6,000.00 ; $ 254.00 $ 5,080.00 I
3612-109 MECHANICAL JOINT RESTRAINT(F&I)(200 mm)_ 6.0 EA j $ 325.00 $ 1,950.00 i 3 286.00 S 1,716.00,
3612-110 MECHANICAL JOINT RESTRAINT(F&I)i250 mm) 75.0 EA i $ 350.00 $ 26.25000 ' $ 350.00 S 26,250.00
3622-118-302 FIRE HYDRANT 2.0 EA $ 2,750.00 $ 5,500.00 $ 2,334.00 $ 4,668.00
POTABLE WATER MAIN SUBTOTAL $ 254,710.00 $ 303,364.50
GRAND TOTAL BID FOR ATLANTIC BEACH WATERMAIN RELOCATION 352 649.25 349 285.50 C3
ep
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Jun 19 00 04: 28p Connelly $ Wicker Inc 1904) 241-1126 p. 2
• June 26, 2000
11111
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_444.1
Connelly &Wicker Inc.
Consulting Engineers
June 19, 2000
Mr. Robert S. Kosoy, P.E.
Director of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233
Re: Mayport Road Waterline Relocation
CWI Proj. No. 0001-06
Dear Bob:
Per your request, we have reviewed the revised bids on the subject project from Superior
Construction Company and Gruhn May, and offer the following recommendations. Attached
is the bid tabulation for your review.
The apparent low bidder is Gruhn May, Inc. with a bid of$349,285.50, compared to Superior
. Construction's bid of$352,649.25.
As you are aware, Superior Construction is the Contractor for the JTA Flyover project currently
under construction. Mr. Pete Kelley of Superior Construction Indicated in his letter to Mr:
David Eberspeaker of Reynolds, Smith, &Hills dated June 13, 2000, that If they are selected,
they are willing to absorb the work into their, existing schedule without a time extension.
Should another Contractor (Gruhn May) be selected to complete this project, Superior will
request a 30-day time extension be granted as well as compensation for the delay.
In closing, it is our opinion notwithstanding Superior's bid is $3;363.75 higher than Gruhn
May's, the additional construction time exposure to the public, delay expense, and
coordination risks with a different Contractor are not worth the difference in price. We
therefore recommend that Superior Construction be awarded the work. Please call me if you
have any questions or comments.
•
Sincerely,
Brian E. Kientz
Vice President
J:\00\0001-06\Wordpro\Ltr0619.00.doc
1711 South 5th Street•Jacksonville Beach, FL 32250-4040
904.249.7995 • fax 904.241.1126 • www.cwleng.com
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