Ordinance No. 58-96-21 v r
ORDINANCE NO. 58-96-21
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 3, RETIREMENT SYSTEM, SEC. 2-279 (a)
and (b) , DISABILITY RETIREMENT, SEC. 2-298 (a) , MEMBER
CONTRIBUTIONS, AND ADDING 2-298 (d) , TO BRING ELIGIBLE
REFUNDED MEMBER CONTRIBUTIONS WITHIN THE FRAMEWORK OF
INTERNAL REVENUE CODE SECTION 401 (a) (31) ; ADDING A NEW
SECTION 2-299 PROVIDING FOR BENEFIT LIMITATIONS PURSUANT
TO INTERNAL REVENUE CODE SECTION 415 AND REQUIRED
DISTRIBUTIONS PURSUANT TO INTERNAL REVENUE CODE SECTION
401 (a) (9) , AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
SECTION 1. Chapter 2 , Administration, Article VI, Division 3 .
Retirement System, of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
"Chapter 2
ADMINISTRATION
ARTICLE VI
DIVISION 3. Retirement System
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
under the plan if, prior to his normal retirement date, 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) on
or after the effective date of the plan. Such retirement shall
herein be referred to as "disability retirement. " The five (5)
years of credited service shall not apply to police officers and
firefighters found by the board of trustees to have been disabled
(as defined herein) in the line of duty. The minimum benefit for
any police officer or firefighter disabled in the line of duty
shall be forty-two percent (42%) of final average salary,
regardless of years of credited service.
(b) A member will be considered totally disabled if, in the
opinion of the board of trustees, he is wholly prevented from
rendering useful and efficient service as a city employee, and a
member of the retirement system 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) . If a firefighter or 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
firefighter or police officer, as the case may be.
To the extent required by Florida Statutes, any condition or
impairment of the health of a firefighter or 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 the firefighter or
police officer shall have successfully passed a physical examina-
tion upon entering into service with the city as a firefighter or
police officer and the examination failed to reveal evidence of a
presumptive condition.
Sec. 2-298. Member Contributions.
(a) Member contributions by benefit group fire shall be no
less than five and five hundred fifty-five thousandths (5.555)
percent of salary and by benefit group police shall be no less than
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.
fd) 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; and
J2) 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.
Sec. 2-299. Benefit Limitations and Required Distributions.
(a) Benefits paid under the City of Atlantic Beach 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 Ordinance 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:
J1) A member's benefit shall be distributed to
him/her not later than April 1st of the calendar year
following the later of (i) the calendar year in which the
member attains age 70-1/2; or (ii) the calendar year in
which the member retires. Alternatively, distributions
to a member must begin no later than the applicable April
1st 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 Code Section
401 (a) (9) (G) and the regulations thereunder. "
SECTION 2 : The provisions adopted herein shall prevail over
any existing sections of the Atlantic Beach Code to the extent said
existing sections are contrary or inconsistent herewith.
SECTION 3: This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this . (Z'
day of .n�a -� , 1996.
PASSED by the City Commission on second and final reading this
/,2 day ofN9.Q,bAL c,%.k1 , 1996.
ATTEST:
7AK
MA EEN KING d N T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
N C. NSEN, ESQUIRE
City A rney