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Ordinance No. 58-20-45ORDINANCE NO. 58-20-45 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, SECTION 2-275, "MINIMUM DISTRIBUTION OF BENEFITS," OF THE CODE OF ORDINANCES, TO PROVIDE FOR COMPLIANCE WITH THE SECURE ACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Setting Every Community Up for Retirement Enhancement SECURE") Act, signed into law on December 20, 2019, amended the definition of Required Beginning Date" under Section 401(a)(9) of the Internal Revenue Code; and WHEREAS, amendments to the Plan are necessary to conform the Retirement System to the requirements of the SECURE Act; and WHEREAS, the Board of Trustees of the City of Atlantic Beach General Employees' Retirement System has recommended an amendment to the Retirement System to comply with the SECURE Act; and WHEREAS, the trustees of the City of Atlantic Beach General Employees' Retirement System have requested and approved the amendments provided herein as being in the best interests of the participants and beneficiaries and improving the administration of the Fund, and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to this change and attached as such; and WHEREAS, the City Commission deems it to be in the public interest to provide this change to the Retirement System for its general employees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Revisions to Section 2-275(b). Section 2-275, "Minimum distribution of benefits", subsection (b), Time and manner of distribution, of the Code of Ordinances is hereby amended as follows: Sec. 2-275. — Minimum distribution of benefits. b) Time and manner of distribution. 1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than: a. With regard to distributions required to be made to a member who reaches age 70 1/2 before January 1, 2020: no later than the Member's 1}a -n April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (70 1/ 2), or April 1 of the calendar year in which the member terminates employment with the district, whichever is later. b. With regard to distributions required to be made on or after January 1, 2020 to a participant who reaches the aqe of 70 1/2 on or after said date: April 1 of the calendar year that next follows the calendar year in which the participant attains or will attain the aqe of 72 years, or April 1 of the calendar year that next follows the calendar year in which the participant retires, whichever is later. 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. SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this 12th day of October 2020. PASSED by the City Commission on second and final reading this 26th day of October , 2020. Attest: ylQo V7didtze, Donna L. Bartle, City Clerk Approved as to form and correctness: M.4ucipj-1, City Attorney CITY OF ATLANTIC BEACH Ellen Glasser, Mayor