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Ordinance No. 58-07-32 vORDINANCE NO. 58-07-32 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO PROVIDE THE LIMITED OPPORTUNITY TO CHANGE A DESIGNATION OF BENEFICLARY BOTH PRE AND POST RETIREMENT; PROVIDE THE OPPORTUNITY TO PURCHASE CREDITED SERVICE FOR PRIOR MILITARY AND POLICE OFFICER EMPLOYMENT ON PAYMENT OF FULL ACTUARIAL COST BY THE EMPLOYEE; PROVIDE PROVISION FOR ADJUSTMENT TO NORMAL RETIREMENT BENEFIT IN THE EVENT DESIGNATED BENEFICIARY PREDECEASES THE EMPLOYEE; PROVIDE INCREASES IN EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida has an interest in the firture retirement of its employees and wishes to improve the retirement systems whenever feasible; and WHEREAS, the City must maintain compliance with Chapter 185 of the Florida Statutes; and WHEREAS, the city desires to remain competitive in the local azea with respect to salary and benefits offered to its employees; and WHEREAS, the City and certain employee representation groups have agreed to specific provisions through the collective bargaining process; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to this change; and NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 2, Administration; Article VI Employee Benefits; Division 4, Police Officer Returement System be amended as follows: DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM Sec. 2 301. 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 actuazial 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. Beneficiary shall mean any person, designated in writing by a member 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. A member may revoke such designation by signing and filing with the board of trustees a new designation of beneficiary form at any tune pnor to retirement, however after retirement, such designation of beneficiary may only be changed tvtnce. The board of trustees may request such evidence of the good health of a beneficiary that is being removed as rt may require and the amount of the retirement income payable u on the designahon of a new beneficiary be actuarially re-determined to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit, taking into account the a es and sex of the former beneficiary the new beneficiary and the member Sec. 2-310.1. 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 (1) period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one- twelfth (1/12) of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. A member, may purchase up to five (5) years of Credited service for service in the Armed Farces of the United States or service as a Police Officer for an law enforcement enc rior to em to ent as a Police Officer by the Citv by depositing the full actuarial costs of such years of Credited service that would have occurred had the Police Officer been em to ed b the Ci for the number of ears urchased. Such ent for said rior Credited service ma be made as a loin sum or in installments not to exceed _the years of service purchased: however must be paid in full prior to retirement Installment payments shall reguu~e interest at the actuarial rate of return for the years purchased Such purchase of pnor Credited service shall take effect upon vesting If a member terminates service prior to vesting and receives a refund of employee contributions the amount paid for such prior Credited service shall also be refunded Subject to the following: 1. Prior Credited service shall not be granted for service where the member is receiyin or is entitled to receive a benefit from another governmental pension system 2. Prior Credited service under this section shall only,_be provided for service in the Armed Forces of the United States or service as a police officer for any law enforcement enc~ 3. Actual Prior Service credit purchased shall be added to the years of service with the City 4. Election to purchase prior Credited service for prior service in the Anned Forces of the United States or with any law enforcement agency not to exceed a combined total of five ~5) years, shall be made in writing to the Board of trustees The cost of rior Credited service purchased for such prior service shall be the full actuarial cost of all Credited service purchased hereunder computed as a lump sum~ayment into the plan Actual payment may at the member's option, be extended over a period of time not to exceed the veers purchased and shall be subject to interest at the assumed actuarial rate for the +ears purchased Such payment may be by direct in-service transfer from a participant's deferred compensation account (457 accounts) pursuant to Section 457(e) (171 of the Internal Revenue Code or any other qualified plan. Full payment of such purchased prior Credited service must be completed pnor to the member's actual retirement Sec. 2-310.11. Optional forms of pe~usion 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 standazd normal or early 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. No member may change the elected optional form of payment after the date of cashin or de ositing the first benefit pa ment. Unless otherwise elected, the standard normal benefit form shall be "Option A" below. Payment will be made under the standard 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 standard normal retirement benefit form payment. (1) Option A; Ten (l 0) years certain and retirant's life thereafter: Under Option A, a retirant shall be paid a pension for life, however in the event the retirant dies after retirement but before receiving retirement benefits for a period of ten (10) years, the same monthly benefit will be paid for the balance of such ten year period. Benefit payments shall be made to the retirant's designated beneficiary or estate for such period. (2) Option B; Modified joint survivor pension: a. Under 9ptiea B; -a ;-e 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. 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~50Zpercent of the reduced pension benefit shall be continued throughout the future lifetime of and paid to such person as the retu~ant 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 However, m the event the person desi ated by the retirant predeceases the retirant, the monthly benefit shall increase to the amount payable under the standard normal form of payment for the remaining lifetime of the retirant Sec. 2-310.27. Member contributions. (a) Member contributions for benefit group police bargaining unit members covered by the current collective bargaining unit collective bazgaining agreement shall be eae- f l-) p~ee~ef-salary-twa and eight hundred fifteen thousandths (2 S 15) percent of salaru Effective_ on September 24 2006 Member contributions for benefit groinpolice b_az~auuns umt members covered by the current collective bazgainin~ unit collective bazgainms agreement shall be three and ei~bt hundred fifteen thousandths (3 815~rcent of salary. Effective on September 23 2007 Member contributions for benefit group police bazsammg unit members covered by the current collective bargaining unit collective bazgainmg agreement shall be four and eight hundred fifteen thousandths percent (4 815) of salary. All contributions shall be deducted from the member's pay and paid over into the retu~ement system each pawperiod 3 (b) For Member contributions for benefit group police that aze non collective bazgamm umt members ,the contribution rate shall be four and eight hundred fifteen thousandths (4.815) percent of salary_ All contributions shall be deducted from the member's pay and paid over into the retirement system each pay period. SECTION 2. Severability If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date This ordinance shall take effect immediately upon its passage and as soon as the related payroll deduction items can be implemented. PASSED by the City Commission on first reading on the 27`s day of August 2007. PASSED by the City Commission at Public Hearing and fmal reading this 10~` day of September 2007. ~, Donald M. Wolfson Mayor /Presiding Officer ATTEST: trY/hai Donna L. Bussey, CMC City Clerk to form and correctness: LEGEND: Underlining is new language 4