Ordinance No. 58-08-33 vORDINANCE 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:
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:
Ordinance No. 58-08-33
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
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 14~' day of July, 2008.
PASSED by the City Commission on second and final reading this ~~ day of
Ordinance No. 58-08-33
ATTEST:
Q'I'!/ILQi
Donna L. Bartle, CMC
City Clerk
as to form and correctness:
Jensen, Esquire
Attorney
LEGEND: Underlining is new lan~age.
Ordinance No. 58-08-33