Item 7B- Ordinance No. 58-17-40Agenda Item 7B
April 10, 2017
ORDINANCE NO. 58-17-40
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE
VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE
OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH;
AMENDING SECTION 2-300, DEFINITIONS; AMENDING
SECTION 2-301, MEMBERSHIP; AMENDING SECTION 2-
303, FINANCES AND FUND MANAGEMENT; AMENDING
SECTION 2-305, BENEFIT AMOUNTS AND ELIGIBILITY;
AMENDING SECTION 2-310.4, MAXIMUM PENSION;
AMENDING SECTION 2-310.5, MINIMUM DISTRIBUTION
OF BENEFITS; AMENDING SECTION 2-310.16, PRIOR
POLICE SERVICE; AMENDING SECTION 2-310.18,
DEFERRED RETIREMENT OPTION PLAN; ADDING
SECTION 2-310.19, SUPPLEMENTAL BENEFIT
COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185
SHARE ACCOUNTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division
4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is
hereby amended by amending Section 2-300, Definitions, to amend the definitions of "Actuarial
Equivalent", "Credited Service", "Effective Date", and "Spouse", to read as follows:
* * * * * Actuarial equivalent means a benefit or amount of equal value, based upon the RP-2000
Combined Healthy Male Generational Unisex Mortality Table projected by Scale AA, and an
interest rate of eight (8%) per annum equal to the investment return assumption set fmth in the last
actuarial valuation approved by the board. This definition may only be amended by the city pursuant
to the recommendation of the board using assumptions adopted by the board with the advice of the
plan's actuary, such that actuarial assumptions are not subject to city discretion.
* * * * *
Credited service means the total number of years and fractional parts of years of service as
a Police Officer with member contributions, when required, omitting intervening years or
fractional parts of years when such member was not employed by the city as a Police Officer. A
member may voluntarily leave his accumulated contributions in the fund for a period of five (5)
years after leaving the employ of the Police department pending the possibility of being
reemployed as a Police Officer, without losing credit for the time that he was a member of the
system. If a vested member leaves the employ of the Police department, his accumulated
contributions will be returned only upon his written request. If a member who is not vested is not
reemployed as a Police Officer with the Police department within five (5) years, his accumulated
contributions, if one-thousand dollars ($1,000.00) or less shall be returned. If a Member who is
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Agenda Item 7B
April 10, 2017
lump sum or to rollover the lump sum amollllt on forms designated by the Board. Upon retmn of
a member's accumulated contributions, all of his rights and benefits tu1der the system are forfeited
and terminated. Upon any reemployment, a Police Officer shall not receive credit for the years and
fi·actional parts of years of service for which he has withdrawn his accumulated contnbutions from
the fimd, llllless the Police Officer repays into the fimd the contributions he has withdrawn, with
interest, as determined by the board, within ninety (90) days after his reemployment.
The years or fractional parts of a year that a member performs "Qualified Military Service"
consisting of voluntary or invollllltary "service in the uniformed services" as defined in the
Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after
separation from employment as a Police Officer with the city to perform training or service, shall be
added to his years of credited service for all purposes, including vesting, provided that:
(1) The member is entitled to reemployment tu1der the provisions ofUSERRA.
(2) The member retruns to his employment as a Police Officer within one year fi·om the
earlier of the date of his military discharge or his release from active service, llllless
otherwise required by USERRA.
(3) The maximum credit for military service pursuant to this paragraph shall be five (5)
years.
(4) This paragraph is intended to satisfY the minimum requirements ofUSERRA. To the
extent that this paragraph does not meet the minimum standards of USERRA, as it
may be amended from time to time, the minimum standards shall apply.
ill the event a member dies on or after January 1, 2007, while performing USERRA Qualified
Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit
accruals relating to the period of qualified military service) as if the member had resumed
employment and then died while employed.
Beginning January 1, 2009, to the extent required by section 414(u)(12) ofthe code, an
individual receiving differential wage payments (as defined llllder section 3401(h)(2) of the code)
from an employer shall be treated as employed by that employer, and the differential wage payment
shall be treated as compensation for purposes of applying the limits on atmual additions under
section 415( c) of the code. This provision shall be applied to all similarly situated individuals in a
reasonably equivalent manner.
Leave conversions of tu1used accrued paid time off shall not be permitted to be applied
toward the accrual of credited service either dming each plan year of a member's employment with
the City or in the plan year in which the member terminates employment.
Effective date means the da:te on which this ordinance becomes dfuet:ive Jtu1e 10, 2013.
* * * * *
Spouse means the la:wful w:ifu or htlsba:nd of a: member 01 retiree member's or retiree's spouse
tu1der applicable law at the tin1e benefits become payable.
* * * * *
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Agenda Item 7B
April 10, 2017
SECTION 2: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby
amended by amending Section2-301, Membership, to read as follows:
Sec. 2-301. Membership.
Conditions of eligibility. All police officers as of the effective date, and all future new police
officers, shall become members of this system as a condition of employment. Notwithstanding the
previous sentence, a new employee who is hired as the Police Chief may, witmn sixty (60) days of
appointment as Police Cmef upon employment as Police Chief notifY the board and the City, in
wtiting, of his election to not be a member of the system Current employees of the City who are
selected to become Police Chief are not eligtble for the opt-out provided for herein. In the event of
any such election, he shall be baned from futme membership in the system and any vested aeet ned
benefit shaH be tetained and paid when otherwise payable herein; or eonttibutiorn made after
employment and priot to opting out shaH be tefunded. Thereafter, contributions to the plan in
accordance with §2-304 shall not be required, he shall not be eligible to be elected as a member
trustee on the board or vote for a member trustee and shall not be eligtble for any other benefits from
the plan
SECTION 3: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, ofthe Code of Ordinances ofthe City of Atlantic Beach, is hereby
amended by amending Section 2-303, Finances and Fund Management, subsection (f)(2)c., to read
as follows:
* * * * *
c. In addition, the board may, upon recommendation by the board's investment
consultant, make investments in group trusts meeting the requirements of
Internal Revenue Service Revenue Ruling 81-1 00_. and Revenue Ruling 2011-
1, IRS Notice 2012-6 and Revenue Ruling 2014-21 or successor rulings or
guidance of similar in1port, and operated or maintained exclusively for the
commingling and collective investment of monies, provided that the funds in
the group trust consist exclusively of trust assets held under plans qualified
under section 401(a) of the code, individual retirement accounts that are
exen1pt under section 408( e) of the code, eligtble governmental plans that
meet the requirements of section 457(b) of the code, and governmental plans
under 401(a)(24) ofthe code. For this pmpose, a tmst includes a custodial
account or a separate tax fuvored account maintained by an insurance
company that is treated as a trust under section 401(±) or under section
457(g)(3) of the code. While any portion of the assets of the fund are
invested in such a gt·oup trust, such group trust is itself adopted as a part of
the system or plan.
1. Any collective or common group tmst to which assets of the fund are
transfened pursuant to subsection c. shall be adopted by the board as
part of the plan by executing appropriate participation, adoption
agreements, and/or trust agreements with the gt·oup trust's trustee.
2. The separate account maintained by the gt-oup trust for the plan
pursuant to subsection c. shall not be used for, or diverted to, any
purpose other than for the exclusive benefit of the members and
beneficiaries ofthe plan.
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Agenda Item 7B
April 10, 2017
.;L For purposes of valuation, the value of the separate account
maintained by the group trust for the plan shall be the fuir market
value of the portion of the group trust held for the plan, determined
in accordance with generally recognized valuation procedures.
* * * * *
SECTION 4: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby
amended by amending Section 2-305, Benefit Amounts and Eligtbility, subsection (a), Normal
Retirement Date, to read as follows:
* * * * *
(a) Normal retirement age and date. For membcts hned befOre Janttary 1, 2013, a
member's normal retiremctrt date shaH be the first da)' of the month coincident ~ith, or nex:t
fuHo~ing the earlier ofthe attaimnent of age fi:fey (50) and the completion of twency (20) )'Cars of
credited serviee, the attainment of age fitey-five (55) and the emnpletion often (10) )'Cars oferedited
set vice, the completion of tweney-five (25) )'Cars of credited service regardless of age, or the
attainment of age sixty (60) and the completion of five (5) )'Cats of credited ser viee. For membcts
hired on or after Janttar)' 1, 20 13, a member's nonnal retiremerrt date shaH be the first dey of the
month eoir1eident ~ith; or ne-,.i folio ~ing the eatliet of the attainment of age fi:ft)'-five (55) and the
eornpletion oftet1 (1 0) )'Cars of credited service, m the atta:itmlCnt of age frfty-two (52) and the
completion of twent)'-five (25) )'Cars of credited ser viee. A member rrta)' retire on his normal
retiretnent date or on the fu: st da)' of any month thereafter, and each member shaH become one
htmdred (1 00) percent vested in his aeemed benefit on the member's nonml retirement date. Normal
retitemerrt tnlder the S)'stem is retiremetrt nom emplo)'ment ~ith the city on or after the normal
retitemerrt date.
ill For members hired before January 1, 2013, a member's normal retirement age is the
earlier of the attainment of age fifty (50) and the completion of twenty (20) years of
credited service, the attaitm1ent of age fifty-five (55) and the completion of ten (1 0)
years of credited service, the completion of twenty-five (25) years of credited service,
regardless of age, or the attainment of age sixty (60) and the completion of five (5)
years of credited service.
ill For members hired on or after Janua1y 1, 2013, a member's normal retirement age
is the earlier of the attainment of age fifty-five (55) and the completion of ten (1 0)
years of credited service, or the attait1111ent of age fifty-two (52) and the completion
oftwenty-five (25) years of credited service.
Each member shall become one hundred percent (100%) vested in his accrued benefit at
normal retirement age. A member's normal retit·ement date shall be the first day of the month
coincident with or next followit1g the date the member retires fi·om the city after attaining nonnal
retirement age.
* * * * *
SECTION 5: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, ofthe Code of Ordinances ofthe City of Atlantic Beach, is hereby
amended by amending Section 2-310.4, Maxit11un1 Pension, subsections (h) and (D(2), and by adding
subsection (m), to read as follows:
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Agenda Item 7B
April 10, 2017
* * * * *
(h) Ten thousand dollar ($1 0, 000) limit,· less than ten years of service. Notwithstanding
anything in this section 2-310.4, the retirement benefit payable with respect to a member shall be
deemed not to exceed the limit set forth in this subsection (h) of section 2-31 0.4 if the benefits
payable, with respect to such member under this system and under all other qualified defmed benefit
pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the
applicable limitation year and or for any prior limitation year, and the City has not at any time
maintained a qualified defined contribution plan in which the member participated; provided,
however, that ifthe member has completed less than ten (10) years of credited service with the City,
the limit under this subsection (h) of section 2-310.4 shall be a reduced limit equal to ten thousand
dollars ($1 0,000) multiplied by a fraction, the numerator of which is the number of the member's
years of credited service and the denominator of which is ten (1 0).
* * * * *
(Q(2) No member of the system shall be allowed to receive a retirement benefit or 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 futme, a retirement benefit or
pension fi:om a different employer's retirement system or plan. This restriction does
not apply to social security benefits or federal benefits under Chapter 69-1223, Title
10, U.S. Code.
(m) E(fect o(Direct Rollover on 415(b) Limit. Ifthe plan accepts a direct rollover of an
employee's or former employee's benefit from a defined contribution plan qualified under Code
Section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount
that is determined using a more :fuvorable actuarial basis than required under Code Section 417(e)
shall be included in the annual benefit for purposes of the limit under Code Section 415 (b).
SECTION 6: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby
amended by amending Section 2-310.5, Minimum Distribution of Benefits, subsection (b)(2)d., to
read as follows:
(b)(2) d.
* * * * *
If the member's stn'Viving spouse is the member's sole designated beneficimy
and the surviving spouse dies after the member but before distnbutions to the
smviving spouse begin, this subsection (b )(2), other than subsection (b )(2)a.,
will apply as if the stn'Viving spouse were the member.
For pmposes of this subsection (b)(2). and stibsection (e), distnbutions are
considered to begin on the member's required beginning date or, if subsection
(b )(2)d. applies, the date of distnbutions are required to begin to the smviving
spouse under subsection (b )(2)a. If annuity payments irrevocably commence
to the member before the member's required begimling date (or to the
member's smviving spouse before the date distributions are required to begin
to the smviving spouse tnlder subsection (b )(2)a.) the date distnbutions are
considered to begin is the date distributions actually commence.
* * * * *
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Agenda Item 7B
April 10, 2017
SECTION 7: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby
amended by amending Section 2-310.16, Prior Police Service, subsection (5), to read as follows:
* * * * *
(5) In no event, however, may credited service be purchased pursuant to this section for
prior service with any other municipal, county or state law enforcement department,
if such prior service forms or will form the basis of a retirement benefit or pension
from a different employer's retirement system or plan as set forth in section 2-310.4,
subsection fk7E27 .(lli1)..
* * * * *
SECTION 8: That Chapter 2, Administration, Alticle VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby
amended by amending Section 2-310.18, Deferred Retirement Option Plan, to read as follows:
Sec. 2-310.18. DefeiTed retirement option plan.
(a) Definitions. As used in this Section 2-310.18, the following definitions apply:"
(1) 'DROP" --The City of Atlantic Beach Police Officers' Retirement System Deferred
Retirement Option Plan.
(2) 'DROP Account" --The account established for each DROP participant under
subsection (c).
ill "Total return of the assets" --For purposes of calculating earnings on a member's
DROP account pursuant to subsection (c)(2)b., for each fiscal year quarter, the
percentage increase (or decrease) in the interest and dividends eamed on investments,
including realized and unrealized gains (or losses), of the total Plan assets.
(b) Participation.
(1) Eligibility to Participate. In lieu oftenninating his employment as a police officer,
any member who is eligible for normal or early retirement under the system may elect
to defer receipt of such service retirement pension and to participate in the DROP.
(2) Election to Participate. A member's election to pmticipate in the DROP must be
made in Wliting in a time and manner determined by the board and shall be effective
on the first day ofthe first calendar month which is at least fifteen (15) business days
after it is received by the board.
(3) Period of Participation. A member who elects to participate in the DROP under
subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60)
months beginning at the time his election to pmticipate in the DROP first becomes
effective. An election to participate in the DROP shall constitute an inevocable
election to resign fi·om the service of the City not later than the date provided for in
the previous sentence. A member may participate only once.
(4) Tennination of Participation.
a. A member's pmticipation in the DROP shall cease at the earlier of
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Agenda Item 7B
April 10, 2017
1. the end of his permissible period of participation in the DROP as
determined tmder subsection (b )(3); or
2. termination ofhis employment as a police officer.
b. Upon the member's termination of participation in the DROP, pursuant to
subsection a.l. above, all amounts provided for in subsection ( c )(2), including
monthly benefits and investment earnings and losses, shall cease to be
transferred :fi:om the system to his DROP Account. Any amounts remaining
in his DROP Account shall be paid to him in accordance with the provisions
of subsection (d) when he terminates employment as a police officer.
c. A member who terminates his participation in the DROP under this
subsection (b)( 4) shall not be permitted to again become a participant in the
DROP.
(5) Effect of DROP Participation on the System.
a. A member's credited service and his accrued benefit under the system shall
be detennined on the date his election to pmticipate in the DROP first
becomes effective. For ptrrposes of determining the accrued benefit, the
member's salary for the purposes of calculating his average final
compensation shall include an amount equal to any lump sum payments
which would have been paid to the member and included as salary as defined
herein, had the member retired under normal retirement and not elected
DROP pmticipation Member contributions attnbutable to any lump sums
used in the benefit calculation and not actually received by the member shall
be deducted from the first payments to the member's DROP Account. The
member shall not accrue any additional credited service or any additional
benefits under the system (except for any supplemental benefit payable to
DROP participants or any additional benefits provided under any cost-of-.
living adjustment for retirees in the system) while he is a participant in the
DROP. After a member commences patticipation, he shall not be permitted
to again conh·ibute to the system nor shall he be eligible for disability or pre-
retirement death benefits, except as provided for in Section 2-310.17,
Reemployment After Retirement.
b. No amounts shall be paid to a member fi·om the system while the member is
a participant in the DROP. Unless othetwise specified in the system, if a
member's participation in the DROP is terminated other than by tem1inating
his employment as a police officer, no amounts shall be paid to him :fi"om the
system until he terminates his employment as a police officer. Unless
otherwise specified in the system, amounts transferred :li"om the system to the
member's DROP Account shall be paid directly to the member only on the
termination ofhis employment as a police officer.
(c) Funding.
(1) Establishment of DROP Account. A DROP Account shall be established for each
member pmticipating in the DROP. A member's DROP Account shall consist of
ammmts tr·ansfened to the DROP under subsection (c)(2), and earnings or losses on
those amounts.
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Agenda Item 7B
April 10, 2017
(2) Transfers From Retirement System.
a. As of the first day of each month of a member's period of participation in the DROP,
the monthly retirement benefit he would have received lUlder the system had he
terminated his employment as a police officer and elected to receive monthly benefit
payments therelUlder shall be transferred to his DROP Account, except as otherwise
provided for in subsection (b)(4)b. A member's period of participation in the DROP
shall be determined in accordance with the provisions of subsections (b)(3) and
(b)(4), but in no event shall it continue past the date he terminates his employment
as a police officer.
b. Except as otherwise provided in subsection (b)(4)b., a member's DROP
AccolUlt under this subsection (c)(2) shall be debited or credited after each
fiscal year qmrter with earnings, to be credited or debited to the member's
DROP accolUlt, determined as of the last business day of each fiscal year
quarter and debited or credited as of such date, determined as follows:
The average daily balance in a member's DROP AccolUlt shall be credited or
debited at a rate equal to the net investment retum realized by the system for
that quatter. ''Net investment retum" for the purpose of this paragraph is the
total return of the assets in which the Member's DROP AccolUlt is invested
by the board net of brokerage commissions, transaction costs and
management fees.
For purposes of calculating earnings on a member's DROP accolUlt pursuant
to this subsection (c)(2)b., brokerage commissions, transaction costs, and
management fees shall be determined for each quatter by the investment
consultant pursuant to contracts with fund managers as reported in the
custodial statement. The investment consultant shall report these quarterly
contractual fees to the board. The investment consultant shall also report the
net investment retum for each manager and the net investment return for the
total plan assets.
c. A member's DROP Account shall only be credited or debited with eamings
or losses and monthly benefits willie the member is a participant in the
DROP. A member's final DROP accolUlt value for distribution to the
member upon tennination ofparticipation in the DROP shall be the value of
the accolUlt at the end of the quarter immediately preceding tennination of
patticipation plus any monthly periodic additions made to the DROP accmmt
subsequent to the end of the previous quarter and prior to distnbution. If a
Member fuils to terminate employment after participating in the DROP for
the pennissible period of DROP participation, then beginning with the
member's first month of employment following the last month of the
permissible period of DROP patticipation, the member's DROP AccolUlt will
no longer be credited or debited with earnings or losses, nor will monthly
benefits be transferred to the DROP accolUlt. All such non-transferred
amollllts shall be forfeited and continue to be forfeited while the member is
employed by the Police Depmtment, and no cost-of-living adjustments shall
be applied to the member's credit during such period of continued
employment. A member employed by the Police Department after the
permissible period of DROP pmticipation will still not be eligrble for pre-
retirement death and disability benefits, and will not accrue additional
Credited Service except as provided for in Section 2-310.17, Reemployment
After Retirement.
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Agenda Item 7B
April 10, 2017
(d) Distribution of DROP Accounts on Termination of Employment.
(I) Eligibility for Benefits. A member shall receive the balance in his DROP Account
in accordance with the provisions of this subsection (d) upon his termination of
employment as a police officer. Except as provided in subsection (d)(5), no amounts
shall be paid to a member from the DROP prior to his termination of employment as
a police officer.
(2) Form of Distribution.
a. Unless the member elects otherwise, distribution of his DROP Account shall
be made in a lump sum, subject to the direct rollover provisions set forth in
subsection (d)(6). Elections under this paragraph shall be in writing and shall
be made in such time or manner as the board shall determine.
b. Notwithstanding the preceding, if a member dies before his benefit is paid,
his DROP Account shall be paid to his beneficiary in such optional form as
his beneficiary may select. If no beneficiary designation is made, the DROP
Account shall be distnbuted to the member's estate.
(3) Date of Payment of Distribution. Except as otherwise provided in this subsection
(d), distribution of a member's DROP Account shall be made as soon as
administratively practicable following the member's termination of employment.
Distribution of the amount in a member's DROP account will not be made unless the
member completes a wtitten request for distribution and a written election, on forms
designated by the board, to either receive a cash lump sum or a rollover of the lump
sum amount.
(4) Proof of Death and Right of Beneficiwy or Other Person. The board may require
and rely upon such proof of death and such evidence of the right of any beneficiary
or other person to receive the value of a deceased member's DROP Account as the
board may deem proper and its determination of the right of that beneficiary or other
person to receive payment shall be conclusive.
(5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all
distnbutions from the DROP shall conform to the ''Minimum Distribution Of
Benefits" provisions as provided for herein.
(6) Direct Rollover of Certain Distributions. This subsection applies to distributions
made on or after Januaty 1, 2002. Notwithstanding any provision of the DROP to the
contrary, a distnbutee may elect to have any portion of an eligtble rollover
distribution paid in a direct rollover as otherwise provided under the System in
Section 2-310.13.
(e) Administration of DROP.
(I) Board Administers the DROP. The general administration of the DROP, the
responsibility for carrying out the provisions of the DROP and the responsibility of
overseeing the investment of the DROP's assets shall be placed in the board. The
members ofthe board may appoint fi·om their number such subcommittees with such
powers as they shall determine; rna y adopt such administrative procedures and
regulations as they deem desirable for the conduct of their affuirs; may authorize one
or more of their nun1ber or any agent to execute or deliver any instmment or make
any payment on their behalf; may retain counseL employ agents and provide for such
clericaL accounting, actuarial and consulting services as they may require in canying
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Agenda Item 7B
April 10, 2017
out the provisions of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP, other than those
granted to them as trustee under any trust agreement adopted for use in implementing
the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on
any question relating exclusively to himself
(2) Individual Accounts, Records and Reports. The board shall maintain records
showing the operation and condition of the DROP, including records showing the
individual balances in each member's DROP Account, and the board shall keep in
convenient form such data as may be necessary for the valuation of the assets and
liabilities of the DROP. The board shall prepare and distnbute to members
participating in the DROP and other individuals or file with the appropriate
governmental agencies, as the case may be, all necessary descriptions, reports,
information returns, and data required to be distnbuted or filed for the DROP
pursuant to the IRC and any other applicable laws.
(3) Establishment of Rules. Subject to the limitations ofthe DROP, the board from time
to time shall establish rules for the administration of the DROP and the transaction
of its business. The Board shall have discretionary authority to construe and interpret
the DROP (including but not limited to determination of an individuars eligtbility for
DROP participation, the right and amount of any benefit payable under the DROP
and the date on which any individual ceases to be a participant in the DROP). The
detemrination of the board as to the interpretation of the DROP or its detemrination
of any disputed questions shall be conclusive and final to the extent permitted by
applicable law.
(4) Limitation of Liability.
a. The trustees shall not incur any liability individually or on behalf of any other
individuals for any act or :fuilure to act, made in good :fuith in relation to the
DROP or the funds ofthe DROP.
b. Neither the board nor any trustee of the board shall be responsible for any
reports furnished by any expert retained or employed by the board, but they
shall be entitled to rely thereon as well as on certificates furnished by an
accountant or an actuary, and on all opinions of counsel. The board shall be
fully protected with respect to any action taken or suffered by it in good :fuith
in reliance upon such expert, accmmtant, actumy or counse~ and all actions
taken or suffered in such reliance shall be conclusive upon any person with
any interest in the DROP.
(f) General Provisions.
ill The DROP is not a separate retirement plan. Instead, it is a program under which
a member who is elig~ble for normal retirement lmder the system may elect to accrue
future retirement benefits in the matmer provided in this section 2-310.18 for the
remainder of his employment, rather than in the nonnal manner provided under the
plan. Upon temrination of employment, a member is entitled to a lump sum
distribution ofhis or her DROP accmmt balance or may elect a rollover. The DROP
account distnbution is in addition to the member's monthly benefit.
ill Notional account. The DROP account established for such a member is a notional
account, used only for the purpose of calculation of the DROP distnbution amount.
It is not a separate account in the system There is no change in the system's assets,
and there is no distnbution available to the member until the member's telUlination
1 0
Agenda Item 7B
April 10, 2017
ill
(t ~)
(Z. §.)
(3-1.)
(4 ~)
(5 2)
from the DROP. The member has no control over the investment of the DROP
accmmt.
No employer discretion. The DROP benefit is determined pursuant to a specific
formula which does not involve employer discretion.
IRC limit. The DROP account distnbution, along with other benefits payable from
the system, is subject to limitation under Internal Revenue Code Section415(b).
Amendment of DROP. The DROP may be amended by an ordinance of the City at
any time and from time to time, and retroactively if deemed necessary or appropriate,
to amend in whole or in part any or all of the provisions ofthe DROP. However,
except as otherwise provided by law, no amendment shall make it possible for any
part of the DROP's fimds to be used for, or diverted to, purposes other than for the
exclusive benefit of persons entitled to benefits under the DROP. No amendment
shall be made which has the effect of decreasing the balance of the DROP Account
of any member.
Facility of Payment. If a member or other person entitled to a benefit under the
DROP is unable to care for his affuirs because of illness or accident or is a minor, the
board shall direct that any benefit due him shall be made only to a du1y appointed
legal representative. Any payment so made shall be a complete discharge of the
liabilities ofthe DROP for that benefit.
Information. Each member, beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the DROP, shall file with
the Board the information that it shall require to establish his rights and benefits
under the DROP.
Prevention of Escheat. Ifthe board cmmot ascertain the whereabouts of any person
to whom a payment is due under the DROP, the Board may, no earlier than three (3)
years from the date such payment is due, mail a notice of such due and owing
payment to the last known address of such person, as shown on the records of the
board or the City. If such person has not made written clain1 therefor within three (3)
months of the date of the mailing, the board may, if it so elects and upon receiving
advice fi·om counsel to the system, direct that such payment and all remaining
payments otherwise due such person be canceled on the records of the system Upon
such cancellation, the system shall have no finiher liability therefor except that, in the
event such person or his beneficiary later notifies the board of his whereabouts and
requests the payment or payments due to him under the DROP, the amount so applied
shall be paid to him in accordance with the provisions ofthe DROP.
Written Elections, Notification.
a. Any elections, notifications or designations made by a member pursuant to
the provisions ofthe DROP shall be made in writing and filed with the board
in a tin1e and mailller determined by the board under ru1es tmiformly
applicable to all employees similarly situated. The board reserves the right
to change from time to time the manner for making notifications, elections
or designations by members under the DROP if it detemlines after due
dehberation that such action is justified in that it improves the adn1inistration
of the DROP. In the event of a conflict between the provisions for making
an election, notification or designation set forth in the DROP and such new
administrative procedures, those new administrative procedures shall prevail.
1 1
Agenda Item 7B
April 10, 2017
b. Each member or retiree who has a DROP Account shall be responsible for
furnishing the Board with his crnrent address and any subsequent changes in
his address. Any notice required to be given to a member or retiree hereunder
shall be deemed given if directed to him at the last such address given to the
board and mailed by registered or certified United States mail. If any check
mailed by registered or certified United States mail to such address is
returned, mailing of checks will be suspended until such time as the member
or retiree notifies the board ofhis address.
(61Q) Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall
be paid only from the assets of the member's DROP Account and neither the City nor
the board shall have any duty or liability to furnish the DROP with any fimds,
securities or other assets except to the extent required by any applicable law.
(9-il) Construction.
a. The DROP shall be construed, regulated and administered under the laws of
Florida, except where other applicable law controls.
b. The titles and headings of the subsections in this Section 2-310.18 are for
convenience only. In the case of ambiguity or inconsistency, the text rather
than the titles or headings shall control.
(8-12) Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to
remove DROP participants from the application of any fmfeiture provisions
applicable to the system DROP participants shall be subject to forfeitme of all
retirement benefits, including DROP benefits.
(9il) Effect of DROP Participation on Employment. Participation in the DROP is not a
guarantee of employment and DROP participants shall be subject to the same
employment standards and policies that are applicable to employees who are not
DROP participants.
SECTION 9: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4,
Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby
amended by adding Section 2-310.19, Supplemental Benefit Component for Special Benefits;
Chapter 185 Share Accounts; to read as follows:
Sec. 2-310.19. Supplemental benefit component for special benefits; Chapter 185 share
accounts.
There is hereby established an additional plan component to provide special benefits in the
form of a supplemental retirement, termination, death and disability benefits to be in addition to the
benefits provided for in the previous Sections of this Plan, such benefit to be funded solely and
entirely by F.S. Chapter 185, premirnn tax monies for each plan year which are allocated to this
supplemental component as provided for in F.S. §185.35. Amounts allocated to this supplemental
component ("Share Plan'), if any, shall be :finther allocated to the members and DROP participants
as follows:
.ill} Individual Member Share Accounts. T11e board shall create individual "member share
accounts" for all actively employed plan members and DROP pa1ticipants and maintain appropriate
books and records showing the respective interest of each member or DROP participant hereunder.
Each member or DROP participant shall have a member share account for his share of the F.S.
Chapter 185 tax revenues descnbed above, fmfeitmes and income and expense adjustments relating
1 2
Agenda Item 7B
April 10, 2017
thereto. The board shall maintain separate member share accounts, however, the maintenance of
separate accounts is for accounting purposes only and a segregation of the assets of the trust :fimd to
each account shall not be required or pennitted.
{hl Share Account Funding.
ill Individual member share accounts shall be established as of September 30, 2015 for
all members and DROP participants who were actively employed as of October 1,
2014. Individual member share accounts shall be credited with an allocation as
provided for ill the following subsection (c) of any premium tax monies which have
been allocated to the share plan for that plan year, beginnjng with the plan year
ending September 30, 2015.
ill Any forfeitures as provided in subsection (d), shall be used as part of future
allocations to the individual member share accounts in accordance with the formula
set forth in subsection (c)(l).
W Allocation o(Monies to Share Accounts.
ill Allocation of Chapter 185 Contributions.
a. Effective as of September 30, 2015, the amount of any premium tax monies
allocated to the share plan shall be allocated to individual member share
accounts as provided for in this subsection Members retiring on or after
October 1, 2014 and prior to September 30, 2015 shall receive an allocation
In addition, all premium tax monies allocated to the share plan ill any
subsequent plan year shall also be allocated as provided for in this subsection.
Available premium tax monies shall be allocated to individual member share
accounts at the end of each plan year on September 30 (a ''valuation date").
b. On each valuation date, each current actively employed member of the plan
not participating in the DROP, each DROP participant and each retiree who
retires or DROP participant who has terminated DROP participation in the
plan year ending on the valuation date (including each disability retiree), or
bene:ficiaw of a deceased member(not including te1minated vested persons)
who is otherwise elimble for an allocation as of the valuation date shall
receive a share allocation as follows:
c. The total :fimds subject to allocation on each valuation date shall be allocated
to each member share account of those eligible for an allocation ill an amount
equal to a :fi·action of the total amount, the nun1erator of which shall be the
individual's total years and :fi·actional parts of years of credited service as of
the valuation date, and the denominator of which shall be the sum of the total
years and :fi·actionalparts ofyears of credited service as ofthe valuation date
of all individuals to whom allocations are being made. Beneficiaries shall
receive an allocation based on the years of credited service of the deceased
member or DROP participant.
d. Re-employed retirees shall be deemed new employees and shall receive an
allocation based solely on the credited service in the reemployment period.
ill Allocation oflnvestment Gains and Losses. On each valuation date, each individual
member share account shall be adjusted to reflect the net earnings or losses resulting
from investments during the year. The net eamings or losses allocated to the
1 3
Agenda Item 7B
April 10, 2017
individual member share accounts shall be the same percentage which :is earned or
lost by the total plan investments, including realized and unrealized gains or losses,
net ofbrokerage commissions, transaction costs and management fees.
Net earnings or losses are determined as of the last business day of the fiscal year,
which :is the valuation date, and are debited or credited as of such date.
For purposes of calculating net earnings or losses on a member's share account
pursuant to th:is subsection, brokerage commissions, transaction costs, and
management fees for the immediately preceding fiscal year shall be determined for
each year by the investment consultant pursuant to contracts with fi.md managers as
reported in the custodial statement. The investment consultant shall report these
annual contractual fees to the board. The investment consultant shall also report the
net investment return for each manager and the net investment retum for the total
plan assets.
ill Allocation of Costs, Fees and Expenses. On each valuation date, each individual
member share account shall be adjusted to allocate its pro rata share ofthe costs, fees
and expenses of administration of the share plan. These fees shall be allocated to
each individual member share account on a proportionate basis taking the costs, fees
and expenses of administration of the share plan as a whole multiplied by a fraction,
the numerator of which :is the total assets in each individual member share account
(after adding the annual investment gain or loss) and the denominator of which :is the
total assets of the fi.md as a whole as ofthe same date.
ill No Right to Allocation. The fuct of allocation or credit of an allocation to a member's
share account by the board shall not vest in any member, any right, title, or interest
in the assets ofthe trust or in the Chapter 185 tax revenues except at the time or
times, to the extent, and subject to the terms and conditions provided in this Section.
ill Members and DROP participants shall be provided annual statements setting forth
their share account balance as of the end ofthe plan year.
@ Forfeitures. Any member who was hired before January 1, 2013 and has less than
five (5) years of service credit, or any member who was hired on or after January l, 2013 and has
ten (1 0) years of service credit and who :is not othetw:ise elig~ble for payment of benefits after
termination of employment with the city as provided for in subsection (e) shall forfeit h:is individual
member share account. Fmfeited amounts shall be included and used as pmt ofthe Chapter 185 tax
revenues for future allocations to individual member share accounts on each valuation date in
accordance with the formula set fo1th in subsection (c)(l).
~ Eligibility For Benefits. Any member (or his bene:ficiaty)who tem1inates employment
as a police officer with the city or who dies, upon application filed with the board, shall be entitled
to be paid the value ofhis individual member share account, subject to the following criteria:
ill Retirement Benefit.
a. A member shall be entitled to one hundred percent (100%) of the value ofh:is
share account upon normal or early retirement pursuant to Section 2-305, or
ifthe member enters the DROP, upon tem1inationofemployment.
b. Such payment shall be made as provided in subsection (f).
1 4
Agenda Item 7B
April 10, 2017
ill Termination Benefit.
a. In the event that a member's employment as a police officer is terminated by
reason other than retirement, death or disability, he shall be entitled to receive
the value of his share account only if he is vested in accordance with Section
2-308.
b. Such payment shall be made as provided in subsection (f).
ill Disability Benefit.
a. In the event that a member is determined to be eligtble for either an in-line of
duty disability benefit pursuant to Section 2-307, subsection (a) or a not-in-
line of duty disability benefit pursuant to Section 2-307, subsection (c), he
shall be entitled to one hundred percent (100%) of the value of his share
account.
b. Such payment shall be made as provided in subsection (f) .
.(±) Death Benefit.
a. In the event that a member or DROP participant dies while actively employed
as a police officer, one hm1dred percent (100%) of the value of his member
share account shall be paid to his designated Beneficiary as provided in
Section 2-306.
b. Such payment shall be made as provided in subsection (f).
ill Payment of Benefits. If a member or DROP participant terminates employment for
any reason or dies and he or his beneficiary is otherwise entitled to receive the balance in the
member's share account, the member's share account shall be valued by the plan's actuary on the next
valuation date as provided for in subsection (c) above, following termination of employment.
Payment of the calculated share account balance shall be payable as soon as administratively
practicable following the valuation date, but not later than one hundred fifty (150) days following
the valuation date and shall be paid in one lun1p smn payment. No optional fmms of payments shall
be permitted.
{g) Benefits Not Guaranteed. All benefits payable under this Section 2-310.19 shall be
paid only fi·om the assets accounted for in individual member share accounts. Neither the City nor
the board shall have any duty or liability to finnish any additional fimds, secmities or otl1er assets
to fund share account benefits. Neither the board nor any trustee shall be liable for the making,
retention, or sale of any investment or reinvestment made as herein provided, nor for any loss or
diminishment of the member share account balances, except due to his or its own negligence, willful
misconduct or lack of good faith. All investments shall be made by the board subject to the
restrictions otherwise applicable to :fimd investments.
@ Notional account. The member share accom1t is a notional account, used only for the
purpose of calculation of the share distribution amount. It is not a separate account in the system
There is no change in the systems assets, and there is no distr·ibution available to the member or
DROP participant lmtil the member's or DROP participant's termination from employment. The
member or DROP participant has no control over the investment of the share account.
ill No employer discretion. The share account benefit is detetmined pursuant to a
specific formula which does not involve employer discretion.
1 5
Agenda Item 7B
April 10, 2017
ill Maximum Additions. Notwithstanding any other provision of this Section, annual
additions under this Section shall not exceed the limitations of Section 415( c) of the code pursuant
to the provisions of Section 2-310.4, subsection (k) .
.(k) IRC limit. The share account distribution, along with other benefits payable from the
system, is subject to limitation lll1der Internal Revenue Code Section 415(b).
SECTION 10: Specific authority is hereby granted to codey and incorporate this Ordinance
in the existing Code of Ordinances ofthe City of Atlantic Beach.
SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 12: If any section, subsection, sentence, clause, phrase of this ordinance, or the
particular application thereof shall be held invalid by any court, administrative agency, or other body
with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases lU1der
application shall not be affected thereby.
SECTION 13: That this Ordinance shall become effective upon its adoption.
PASSEDONFIRSTREADING,this ___ dayof _____ ,2017.
PASSED AND ADOPTED ON SECOND READING, this
------' 2017.
MAYOR
ATTEST:
CITY CLERK
Approved as to form:
CITY ATTORNEY
dm/ab/pol/01 12 17.ord
1 6
day of
Agenda Item 7B
April 10, 2017
GRS
February 6, 2017
Gabrie l Roeder Smit h & Company
Consultants & Actuaries
Mr. Russell Caffey
Plan Administrator
One East Broward Blvd.
Suite 505
Ft. La uderda le, FL 3' 301 -1804
City of Atlantic Beach Police Officers' Retirement System
800 Seminole Road
Atlantic Beach , Florida 32233-5445
RE: City of Atlantic Beach Police Officers' Retirement System
Actuarial Impact Statement
Dear Russell:
954.527.1616 p hone
954.525.0083 fax
\VW \v.gabr ic lrocdcr.com
As requested by Scott Christiansen in his letter of May 23, 2016, please find enclosed an Actuarial
Impact Statement for the proposed ordinance (also enclosed). We have reviewed the proposed
ordinance from an actuarial perspective. We were not requested to, nor did we review the ordinance
from a legal or compliance perspective. The proposed ordinance would amend the City of Atlantic
Beach Police Officers' Retirement System as follows:
• Amend Section 2-300, Definitions, for IRC changes and requirements, to amend the
definitions of:
a. Actuarial Equivalent -to refer to the investment return used in the last actuarial
valuation approved by the board and to specify the mortality table unisex mix
b. Credited Service -to clarify IRC regulations on leave conversions
c. Effective Date -to clearly state the effective date
d. Spouse-To clarify the definition in accordance with a recent US Supreme Court ruling
• Amend Section 2-301, Membership, to limit those individuals eligible to opt-out ofthe
system, to comply with recent IRC Treasury Regulation requirements.
• Amend Section 2-303, Finances and Fund Management, to further incorporate recent IRC
requirements with regard to investments in commingled funds.
• Amend Section 2-305, Benefit amounts and eligibility, to change the Normal Retirement
Date to include IRC required language regarding Normal Retirement Age and Nonnal
.Retirement Date.
• Amend Section 2-310.4 , Maximum Pension , to comply with IRC changes.
• Amend Section 2-310.5, Minimum Distribution of Benefits, for a reference clarification in
subsection (b )(2)( d)
• Amend Section 2-310.16, Prior Police Service, subsection (5), to correct a reference.
• Amend Section 2-310.18, Deferred Retirement Option Plan, in accordance with recent
direction from the IRS in connection with the issuance of several recent Favorable
Determination Letters to: i) clarify investment returns on DROP accounts , ii) clarify when
earnings are calculated and paid, and iii) add several sections clarifying the DROP
provisions as required by the IRS.
Agenda Item 7B
April 10, 2017
Mr. Russell Caffey
February 6, 2017
Page 2
• Add Section 2-310.19, Supplemental Benefit Component for Special Benefits; Chapter 185
Share Accounts. This Section creates a 'Share Plan', or defined contribution component, and
the addition of a share plan is a requirement of recently adopted Chapter 2015-39, Laws of
Florida, for all pension plans that are subject to the provisions of Chapters 175 and 185,
Florida Statutes. Per the latest collective bargaining agreement, no excess premium tax
revenues will be allocated to the Share Plan until the Police Officers' Retirement System is
fully funded .
It is our understanding that the purpose of this ordinance is to conform with IRS regulations and
recent changes in Florida Statutes, and/or to clarify the definitions above. We have determined that
the plan provisions in the ordinance would have no significant measurable cost effect to the plan
benefits.
Please sign the Actuarial Impact Statement as the Plan Administrator and forward the original, and
one copy, along with a copy of the ordinance to the address below. Please file the Actuarial Impact
statement prior to the second reading.
Division of Retirement
Bureau of Local Retirement Systems
Post Office Box 9000
Tallahassee, Florida 32315-9000
If you should have any questions, please give us a call.
Sincerely,
Piotr Krekora, ASA, MAAA
Consultant & Actuary
Enclosure
cc: Mr. Scott R. Christiansen
Gabriel Roeder Smith & Company