Ordinance No. 58-97-23 v ORDINANCE NO. 58-97-23
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, EMPLOYEE
BENEFITS, DIVISION 3, RETIREMENT SYSTEM, SEC. 2-281, PROVIDING
FOR A THREE PERCENT COST OF LIVING ADJUSTMENT FOR RETIRED
MEMBERS; AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV,
EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEM, SEC. 2-298,
PROVIDING FOR THE CITY'S PICK UP OF MEMBER CONTRIBUTIONS;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A REPEALER;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the retired members and beneficiaries of the City of Atlantic Beach
Employees Retirement System had not received any cost of living adjustment in over seven years,
and this City Commission had approved of the Retirement System's provision of a three percent
(3%) cost of living adjustment, and
WHEREAS, the City Commission, at their meeting held on December 9, 1996,
unanimously approved such adjustment, and
WHEREAS, the City Commission now desires to amend Sec. 2-281 to provide for such
previously approved cost of living adjustment, and
WHEREAS, the City Commission had adopted Ordinance No. 58-97-22 on February 24,
1997 to provide for an amendment to Sec. 2-298 of the Code of Ordinances of the City of
Atlantice Beach, Florida so as to comply with the provisions of a collective bargaining agreement
entered into by the City with the Fraternal Order of Police, Lodge 107, which agreement was
ratified and approved by the City Commission on January 27, 1997, and
WHEREAS, the City Commission wishes to codify its intent to provide for the City's
pick up of the required member contributions, and
WHEREAS, the City Commission and the Board of Trustees having received and
independently reviewed an actuarial impact statement(s) pertaining to the changes made by this
Ordinance, have determined that it is in the public interest to adopt the following Ordinance.
NOW, THEREFORE, be it ordained by the City Commission of the City of Atlantic
Beach, Florida as follows:
Section 1. That Section 2-281 of the Code of Ordinances of the City of Atlantic
Beach, Florida be and the same is hereby amended by adding the following subsection:
(d) 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 percent (3%) of the benefits paid to such retired
members and beneficiaries during the immediately preceding month.
Section 2. That Section 2-298 of the Code of Ordinances of the City of Atlantic
Beach, Florida be and the same is hereby amended as followsing language as subsection (c), and
renumbering all subsequent subsections thereof
(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
bargaining unit members covered by the current bargaining unit contract shall be no less
than two and three hundred fifteen thousandths (2.315) percent of salary and by other
benefit group police members 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.
(b) Member contributions for benefit group general shall be no less than 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
contributions is made to the retirement system.
(c) The City of Atlantic Beach shall assume and pay the member contributions
required 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 additionally be considered 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 purposes of
FICA contributions, worker's compensation, and overtime compensation. The city's pick-
up of a 5.555 percent reduction of each benefit group fire member's pay, a reduction of a
2.815 percent of the pay of each benefit group police bargaining unit member covered by
the current bargaining unit contract, a reduction of 4.815 percent of each other benefit
group police member's pay, and a reduction of 2 percent of each benefit general member's
pay, which occurred on January 1, 1997, and is intended to comply with Section 414(h)(2)
of the Internal Revenue Code.
(c)(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, without interest, 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 2-2802-278, may retire with the actuarial equivalent of the amount of such
retirement income otherwise payable to him/her.
Section 3. Except as herein amended, all other provisions of said Chapter 2 shall
remain in full force and effect.
Section 4. That all resolutions or parts of resolutions and all ordinances or parts of
ordinances in conflict herewith be and the same are hereby replealed to the extent of such conflict.
Section 5. This Ordinance shall take effect immediately upon its final passage and
adoption, and be effective retroactive to January 1, 1997.
PASSED by the City Commission on first reading this 23rd day of June , 1997.
PASSED by the City Commission on second and final reading this /'`l' day of
, 1997.
ATTEST:
MA EN KING SU' S •U
Certified Municipal Clerk Acting Mayor/Presiding cer
Approved as to form and correctness:
ir
AN C. 'NSEN, ESQUIRE
City Att•�� Qey