Ordinance No. 58-19-44ORDINANCE NO. 58-19-44
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ARTICLE VI, DIVISION 5,
DEFINED CONTRIBUTION PLANS; AND PROVIDING FOR
CONFLICT, FOR SEVERABILITY AND FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 2, Administration, Article VI, Employee Benefits, Division 5, City
of Atlantic Beach Defined Contribution Plan, of the City's Code of Ordinances outlines the
provisions of the City's Defined Contribution Plan; and
WHEREAS, currently membership in the plan is open to all eligible employees (full time
employees not participating in one of the City's defined benefit plan) and is completely optional;
and
WHEREAS, during the first ten (10) years of service the City contributes matching
contributions up to six (6) percent of earnings based on the participant's percentage of earnings
contributed to the 457 defined contribution plan; and
WHEREAS, the City contributes a fixed contribution of four (4) percent of earnings after
the employee has obtained ten (10) years of service at the City; and
WHEREAS, the vesting period is currently five (5) years of completed service before an
employee is eligible to receive the City's matching contributions; and
WHEREAS, the majority of the City's eligible staff do not currently participate in the
plan; and
WHEREAS, the City Commission desires to modify part of Chapter 2 of the Code of
Ordinances establishing the City's defined contribution plan to encourage staff participation,
ensuring that they are better prepared for retirement; and
WHEREAS, the City Commission considered this Ordinance after proper public notice
and comments from staff and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. Article VI of Chapter 2, Defined Contribution Plan, of the
Code of Ordinances of the City of Atlantic Beach is hereby amended to make participation
mandatory for all new eligible employees, as follows:
Division 5. — DEFINED CONTRIBUTION PLAN
Sec. 2-310.20. - Eligibility and membership requirements.
Ordinance No. 58-19-44 Page 1 of 3
a) Conditions of eligibility.
1) An employee is eligible to participate in the defined contribution plan if they are employed with
the city on or after September 1, 2008; and
2) The employee specified above is in a full-time position with the city or is in the classification of
regular part-time employee who has a regular schedule of hours worked each pay period.
b) Conditions of ineligibility.
1) An employee is ineligible to participate in the defined contribution plan if employed by the city
prior to September 1, 2008, and is a member of the defined benefit pension plan for the City of
Atlantic Beach; or
2) If any city managerial or professional employee is employed pursuant to an individual contract
of employment with different terms and conditions for a defined contribution plan is ineligible to
participate in this defined contribution plan; or
Any person whose service to the city is rendered on a contractual or fee basis is ineligible to
participate in the defined contribution plan; or
4) Any person employed in a position classified as seasonal is ineligible to participate in the
defined contribution plan; or
Any person covered by a bargaining agreement between the city and the City of Atlantic Beach
Police Department is ineligible to participate in the defined contribution plan; or
6) Any participant of the Atlantic Beach Police Officers' Retirement System is not eligible to
participate in the defined contribution plan; or
7) An elected official when serving in their capacity during their time in office is ineligible to
participate in the defined contribution plan.
c) Membership.
1) All eligible new employees will automatically be enrolled in the defined contribution plan upon
hire at a contribution rate of at least 3%. AR Current eligible employees may enroll in the
defined contribution plan at any time during their employment with the city.
2) All employees that meet the above conditions of eligibility will be enrolled in the City of Atlantic
Beach Defined Contribution Plan at ten (10) years of service if they have not already become
members before reaching ten (10) years of service.
3)
5)
Sec. 2-310.26. - Vesting provisions.
a) The employee will be fully vested at five three (53) years of completed service. The date of
enrollment in the plan does not affect the vesting period.
b) Non -vested members of the City of Atlantic Beach Defined Benefit Plan who are transferred to the
defined contribution plan will receive credit for their years of service towards vesting.
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
Ordinance No. 58-19-44 Page 2 of 3
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 23rd day of September, 2019.
PASSED by the City Commission on second and final reading this 14th day of October,
2019.
CITY • F LANTIC BEACH
El = n Glasser, ayor
Attest:
JogpLyn
Donna L. Bartle, City Clerk
Approved as to form and correctness:
B M. D , City Attorney
Ordinance No. 58-19-44 Page 3 of 3