Ordinance No. 58-99-27 v •
ORDINANCE NO. 58-99-27
111 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3,
RETIREMENT SYSTEM, PROVIDING FOR THE
TERMINATION OF FIREFIGHTER RELATED PROVISIONS,
PROCEDURES AND BENEFITS; PROVIDING THAT SUCH
TERMINATION SHALL COMPLY WITH CHAPTER 175,
FLORIDA STATUTES; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach, Florida has entered into an agreement to contract
for Fire Services from the City of Jacksonville, Florida effective June 1, 1999; and
WHEREAS,the City of Atlantic Beach, Florida has agreed to transfer all active,retired and
vested Firefighters and necessary retirement system assets, liabilities and obligations to the City of
Jacksonville, Florida; and
WHEREAS,the City of Jacksonville,Florida has accepted City of Atlantic Beach Firefighters
as members of the City of Jacksonville Police & Fire Pension Fund with full rights and benefits in
accordance with Chapter 121 City of Jacksonville Ordinance code by enactment of Ordinance 1999-
472-E and in accordance with Resolutions 95-944-256 and 98-1006; and
WHEREAS, the City of Jacksonville, Florida has agreed to establish a sub-account for all
retired and vested City of Atlantic Beach Firefighters to ensure that their rights in effect on the date
of the merger are protected in accordance with the terms of the prior Atlantic Beach Pension Plan;
and
WHEREAS,the City of Atlantic Beach,Florida must comply with Chapter 175 ofthe Florida
Statutes in executing said agreement:
•
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
111
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH FLORIDA, AS FOLLOWS
Section 1. All Firefighter related benefits provided in the City of Atlantic Beach Code of
. Ordinances,Chapter 2,Administration,Article VI,Division 3,Employer Benefits,Retirement System
shall terminate and no longer be of any force or effect effective 1 June 1999. The firefighter provision
of the pension plan shall terminate in accordance with Florida Statutes § 175.361 as applicable.
Section 2. The provisions adopted herein shall prevail over any existing sections of the
Atlantic Beach Code to the extent said existing sections are not contrary or inconsistent herewith.
Section 3. If any section, sentence, clause, word, or phase, of this ordinance is held
unconstitutional or invalid by a court of competent jurisdiction, then said holding in no way affects
the validity of any remaining portions of this Ordinance.
Section 4. This Ordinance shall take effect immediately upon its final passage and
' adoption.
PASSED by the City Commission on first reading this 8th day of November 1999.
PASSED by the City Commission on second and final reading this 22nd day of
November 1999.
ATTEST:
City lerk
Ap.roved as to form and correctness:
/. • ISitt,
�'ity Atto f