Loading...
Item 7dAGENDA ITEM # 7D JULY 14, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance 58-08-33, Amending Chapter 2, Administration, Article VI, Division 4, Police Officer Retirement System, providing for compliance with direction from the State of Florida, Division of Retirement, by removing the clause that allowed the board of trustees to inquire into the health of a prior beneficiary being replaced by a new beneficiary. SUBMITTED BY: Nelson Van Liere~ Finance Director, City of Atlantic Beach DATE: June 30, 2008 BACKGROUND: Subsequent review of Ordinance 58-7-32 by the State of Florida, Division of Retirement, specifically the provision that added the change of beneficiary benefit, resulted in the State prohibiting the inclusion of the clause that allowed the board of trustees to inquire about the medical condition of a beneficiary who was being replaced by anewly- designated beneficiary. The attached ordinance change will remove this clause to comply with the State's guidance. BUDGET: RECOMMENDATION: ATTACHMENTS: No budget impact. Approve Ordinance 58-08-33 Ordinance 58-08-33 REVIEWED BY CITY MANAGER: AGENDA ITEM # 7D JULY 14, 2008 ORDINANCE N0.58-08-33 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI. EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO PROVIDE COMPLIANCE WITH DIRECTION FROM THE STATE OF FLORIDA DIVISION OF RETIREMENT TO REMOVE THE INQUIRY INTO THE HEALTH OF A PRIOR BENEFICIARY; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City ~ of Atlantic Beach, Florida has an interest in the future retirement of its employees and wishes to improve the retirement systems whenever feasible; and WHEREAS, the State of Florida has provided specific direction concerning the prohibition against making any inquiry into the health of a prior named beneficiary where such beneficiary is being replaced with a new beneficiary; and WHEREAS, the City of Atlantic Beach, Florida hereby amends its retirement system to remove such inquiry; and NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 2-301 of Chapter 2, Administration, Article VI, Division 4, Police Officers' Retirement System of the Code of Ordinances is hereby amended as follows: AGENDA ITEM # 7D NLY 14, 2008 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: 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 time prior to retirement, however after retirement, such designation of beneficiary may only be changed twice. The board of trustees ~~ °~+ ~ °'~ ° ,:a°~°° ^~+''° ^ ^a''°'1+'' ~ ~ ~°~°~„:.,m. *~~* ~ ~°~~^ r ^~~°a ~~ ~* ~' ~~shall require and the amount of the retirement income payable upon the designation of a new beneficiary shall 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 ages and sex of the former beneficiary, the new beneficiary, and the member. Section 2. The provision adopted herein shall prevail over any existing section of the Atlantic Beach Code to the extent said existing section is contrary or inconsistent herewith. Section 3 Severability. If any section, sentence, clause, word, or phrase of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. Codification. Specific authority is hereby granted to codify this ordinance. Section 5. This Ordinance shall take effect on adoption. PASSED by the City Commission on first reading this _ day of , 2008. AGENDA ITEM # 7D NLY 14, 2008 PASSED by the City Commission on second and final reading this _ day of 2008. John S. Meserve Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney LEGEND: Underlining is new language. ., ~,.n~