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Ordinance 12-2016 Retirement 7.7.16 ORDINANCE NO. 12-2016 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,AMENDING CHAPTER 82 OF THE TOWN CODE OF ORDINANCES RELATING TO PERSONNEL, AT ARTICLE II, EMPLOYEE BENEFITS, DIVISION 2, RETIREMENT SYSTEM; AMENDING SUBDIVISION I, IN GENERAL, BY AMENDING SECTION 82-55, UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT; BY AMENDING SECTION 82-57, BOARD OF TRUSTEES; ADMINISTRATIVE DUTIES; INVESTMENT OF RETIREMENT SYSTEM ASSETS; BY AMENDING SECTION 82-67, UNITED STATES INTERNAL REVENUE CODE QUALIFICATION; BY AMENDING SECTION 82-72, ROLLOVER DISTRIBUTIONS; BY AMENDING SECTION 82-80, RESERVE FOR MEMBER CONTRIBUTIONS; AMENDING SUBDIVISION III, FIREFIGHTERS, BY AMENDING SECTION 82-94, RETIREMENT AGE AND SERVICE CONDITIONS FOR FIREFIGHTERS; BY AMENDING SECTION 82-95, AMOUNT OF PENSION—FIREFIGHTERS; AMENDING SUBDIVISION IV, POLICE OFFICERS, BY AMENDING SECTION 82-114, RETIREMENT AGE AND SERVICE CONDITIONS FOR POLICE OFFICERS; BY AMENDING SECTION 82-115,AMOUNT OF PENSION— POLICE OFFICERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82,Personnel; Article II, Employee Benefits; Division 2,Retirement System; Subdivision I, In General; Section 82-55, to read as follows: "Sec. 82-55. - Uniformed services employment and reemployment. A member shall be eligible for up to five additional years of credited service under the retirement system for service in the uniformed services of the United States as provided in the Uniformed Services Employment and Reemployment Rights Act of 1994 (28 U.S.C. §§ 4301 et seq.), as amended, provided that the member: (1) Was employed by the town when he or she entered the uniformed services; (2) Is reemployed by the town within the time specified in such Act; and (3) Members of the general and benefit group lifeguard deposit into the fund within a period that does not exceed the period of uniformed service the member contributions that would have been required to have been made by members during the period of such service based on the members' town compensation prior to entering uniformed service, for each 00679800-1 Ordinance No. 12-2016 Page 1 of 15 7.7.16 month of credited service,together with interest equal to the overall rate of return on fund investments from the date of reemployment to the date of deposit. (4) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing qualified military service (as defined in chapter 43 of title 38, United States Code), to the extent required by section 401(a)(37) of the Internal Revenue Code, survivors of such member are entitled to any additional benefits that the retirement system would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member's death while employed. In any event, a deceased member's period of qualified military service must be counted for vesting purposes. (5) Beginning January 1, 2009, to the extent required by section 414(u)(12) of the Internal Revenue Code, an individual receiving differential wage payments (as defined under section 3401(h)(2) of the Internal Revenue Code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the Internal Revenue Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. This section is intended to comply with all applicable provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (28 U.S.C. §§ 4301 et seq.), as amended, and in the event of any conflict or inconsistency with such Act, the provisions of the Act shall be controlling. Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82,Personnel; Article II, Employee Benefits;Division 2, Retirement System; Subdivision I, In General; Section 82-57, to read as follows: Sec.82-57.-Board of trustees; administrative duties; investment of retirement system assets.* (i) The board shall direct the investment of retirement system assets in accordance with the following provisions: (1) The board shall adopt an investment policy in accordance with F.S. § 112.661, and shall regularly review, evaluate and, if deemed in the best interest of the retirement system, revise the investment policy, subject to the approval of the town council. (2) In exercising its discretionary authority with respect to the management of the moneys and assets of the retirement system, the board shall exercise the care, skill, prudence and diligence under the circumstances then prevailing, that a person of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims. (3) The board shall have full power and authority to invest and reinvest the moneys and assets held for the benefit of the members, retirants and beneficiaries of the system, subject to all terms, conditions, limitations and restrictions imposed by law on the investments of 006798004 Ordinance No. 12-2016 Page 2 of 15 7.7.16 public employee retirement system assets, and subject to investment policy adopted by the board. (4) The board may invest in securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 USC 80A-1 et seq., and in such other investments authorized by law and by the board's investment policy, including alternative investments. (5) (a) The Retirement Board may, unless restricted by law, transfer all or any portion of the assets of the Retirement Fund to a collective or common group trust, as permitted under Revenue Ruling 81-100, Revenue Ruling 2011-1, and Revenue Ruling 2014-24 (or subsequent guidance), that is operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under section 401(a) of the Internal Revenue Code, individual retirement accounts that are exempt under section 408(e) of the Internal Revenue Code, eligible governmental plans that meet the requirements of section 457(b) of the Internal Revenue Code, and governmental plans under section 401(a)(24) of the Internal Revenue Code. For this purpose, a trust includes a custodial account or separate tax-favored account maintained by an insurance company that is treated as a trust under section 401(f) or under section 457(g)(3) of the Internal Revenue Code. (b) Any collective or common group trust to which assets of the Retirement Fund are transferred pursuant to subsection(a) above shall be adopted by the Retirement Board as part of the Plan by executing appropriate participation, adoption agreements, and/or trust agreements with the group trust's trustee. (c)The separate account maintained by the group trust for the Plan pursuant to subsection (a) above shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries of the Plan. (d) For purposes of valuation, the value of the separate account maintained by the group trust for the Plan shall be the fair market value of the portion of the group trust held for the Plan, determined in accordance with generally recognized valuation procedures. (6) The board shall retain an independent consultant professionally qualified to advise the board on all investment matters and evaluate the performance of professional money managers. The independent consultant shall assist the board in developing and revising its investment policy, and make recommendations regarding the selection of money managers. These recommendations shall be considered by the board at its meetings. 00679800-1 Ordinance No. 12-2016 Page 3 of 15 7.7.16 (1) The board shall also provide administrative support and coordination for the town's defined contribution plan, retirement health savings plan, and 457 plan. * * Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82,Personnel;Article II, Employee Benefits; Division 2,Retirement System; Subdivision I, In General; Section 82-67, to read as follows: "Sec. 82-67. - United States Internal Revenue Code qualifications. (a) The town intends the retirement system to be a qualified pension plan under section 401 of the United States Internal Revenue Code,as amended,or successor provisions of law, and that the trust be an exempt organization under section 501 of the United States Internal Revenue Code. The board of trustees may adopt such additional provisions to the retirement system as are necessary to fulfill this intent. (b) In accordance with section 415 of the United States Internal Revenue Code, as amended, the following limitations on benefits are adopted: (1) Except as provided in the remainder of this subsection,the annual benefit as described by section 415(b)(2) of the United States Internal Revenue Code provided by the retirement system shall not exceed the lesser of$160,000.00, or 100 percent of the retirant's average compensation for his highest three years of compensation while employed. (2) If the annual benefit under the plan begins before age 62, or after age 65, the limit set forth in subsection (b)(1) above shall be reduced or increased so that such limitation equals an annual benefit which is equivalent to a $160,000.00 annual benefit beginning at age 62, or age 65, respectively, as set forth in regulations prescribed by the United States Secretary of the Treasury. (3) All definitions, limitations and exceptions set forth in or incorporated in section 415 of the United States Internal Revenue Code are applicable to this section. (4) The provisions of this division notwithstanding, the board of trustees shall at all times administer the retirement system in compliance with the provisions of section 415 of the United States Internal Revenue Code which are applicable to public employee retirement plans who have not elected the grandfather provision. (5) Employee-elective salary reductions or deferrals to any salary reduction, deferred compensation, or tax-sheltered annuity program authorized under the rules of the Internal Revenue Code shall be included in compensation for retirement purposes. Compensation in excess of the limitations set forth in section 401(a)(17) of the code, adjusted in accordance with U.S. Treasury Department regulations, shall be disregarded. (c) Adjustments to Basic 415(b) Limitation for Form of Benefit. If the benefit under the plan is other than the form specified below, then the benefit shall be adjusted so that it is the equivalent of the annual benefit, using factors prescribed in Treasury Regulations. (1) If the form of benefit without regard to the automatic benefit increase feature is not a straight life annuity or a qualified joint and survivor annuity,then the preceding sentence 006798004 Ordinance No. 12-2016 Page 4 of 15 7.7.16 is applied by either reducing the section 415(b) of the Internal Revenue Code limit applicable at the annuity starting date or adjusting the form of benefit to an actuarially equivalent amount [determined using the assumptions specified in Treasury Regulation section 1.415(b)- 1(c)(2)(ii)] that takes into account the additional benefits under the form of benefit in subsections below. (2) For a benefit paid in a form to which section 417(e)(3) of the Internal Revenue Code does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: (A) The annual amount of the straight life annuity(if any)payable to the member under the plan commencing at the same annuity starting date as the form of benefit to the member, or (B) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the member, computed using a 5% interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation section 1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and(ii) for years after December 31,2008,the applicable mortality tables described in section 417(e)(3)(B) of the Internal Revenue Code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the Internal Revenue Code); or (3) For a benefit paid in a form to which section 417(e)(3) of the Internal Revenue Code applies (generally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest of: (A) The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable,computed using the interest rate and mortality table,or tabular factor,specified in the plan for actuarial experience; (B) The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using a 5.5 percent interest assumption (or the applicable statutory interest assumption) and (i)for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B)of the Internal Revenue Code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the Internal Revenue Code); or The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable interest rate for the distribution under Treasury 00679800-1 Ordinance No. 12-2016 Page 5 of 15 7.7.16 Regulation section 1.417(e)-1(d)(3) (prior to January 1, 2009, using the rate in effect for the month prior to retirement, and on and after January 1, 2009, using the rate in effect for the first day of the plan year with a one-year stabilization period and (i) for years prior to January 1, 2009,the applicable mortality tables for the distribution under Treasury Regulation section 1.417(e)- 1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and(ii)for years after December 31,2008,the applicable mortality tables described in section 417(e)(3)(B) of the Internal Revenue Code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the Internal Revenue Code), divided by 1.05. (d) Other Adjustments in 415(b) Limitation. (1) In the event the member's retirement benefits become payable before age sixty- two (62), the limit prescribed by this section for the member's annuity starting date shall be equal to the lesser of(i)the annual amount of a benefit payable in the form of a straight life annuity commencing at the member's annuity starting date that is the actuarial equivalent of the one hundred sixty thousand dollar ($160,000) annual limit (as adjusted under section 415(d) of the Internal Revenue Code and, if required, for years of participation less than ten (10)), with actuarial equivalence computed using a five percent (5%) interest rate assumption and the applicable mortality table for the annuity starting date as defined in the plan (expressing the member's age based on completed calendar months as of the annuity starting date), and (ii) the one hundred sixty thousand dollar ($160,000) annual limit (as adjusted under section 415(d) of the Internal Revenue Code and, if required, for years of participation less than ten (10)) multiplied by the ratio of the annual amount of the immediately commencing straight life annuity under the plan at the member's annuity starting date to the annual amount of the immediately commencing straight life annuity under the plan at age sixty-two (62), both determined without applying the limitations of this section. (2)In the event the member's benefit is based on at least fifteen(15)years of service as a full-time employee of any police or fire department or on fifteen(15) years of military service, the adjustments provided for in (1) above shall not apply. (3) The reductions provided for in (1) above shall not be applicable to pre- retirement disability benefits or pre-retirement death benefits. (e) Effect of a Lump Sum Component on 415(b) Testing. With respect to a member who receives a portion of the member's annual benefit in a lump sum, a member's applicable Limit shall be applied taking into consideration both the portion of the member's benefit subject to section 417(e)(3) of the Internal Revenue Code and the portion not subject to section 417(e)(3) of the Internal Revenue Code, as required by section 415(b) of the Internal Revenue Code and applicable Treasury Regulations. 006798004 Ordinance No. 12-2016 Page 6 of 15 7.7.16 Section 4. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82,Personnel; Article II, Employee Benefits; Division 2,Retirement System; Subdivision I, In General; Section 82-72, to read as follows: "Sec. 82-72. - Rollover distributions. (a) For purposes of subsection (b) and compliance with section 401(a)(31) of the Internal Revenue Code, this section applies notwithstanding any contrary provision or retirement law that would otherwise limit a distributee's election to make a rollover. A distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee,except that an eligible rollover distribution does not include: (1) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or the life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; (2) any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; (3) the portion of any distribution that is not includible in gross income; provided, however, effective January 1, 2002, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income,but such portion may be transferred only: (A) to an individual retirement account or annuity described in section 408(a) or (b) of the Internal Revenue Code or to a qualified defined contribution plan described in section 401(a) of the Internal Revenue Code that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; (B) on or after January 1, 2007, to a qualified defined benefit plan described in section 401(a) of the Internal Revenue Code or to an annuity contract described in section 403(b) of the Internal Revenue Code, that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or (C) on or after January 1,2008,to a Roth IRA described in section 408A of the Internal Revenue Code; and (4) any other distribution which the Internal Revenue Service does not consider eligible for rollover treatment, such as certain corrective distributions necessary to comply with the provisions of section 415 of the Internal Revenue Code or any distribution that is reasonably expected to total less than $200 during the year. 00679800-1 Ordinance No. 12-2016 Page 7 of 15 7.7.16 Effective January 1, 2002, the definition of eligible rollover distribution also includes a distribution to a surviving spouse, or to a spouse or former spouse who is an alternate payee under a qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code. (c) "Eligible retirement plan" means any of the following that accepts the distributee's eligible rollover distribution: (1) an individual retirement account described in section 408(a) of the Internal Revenue Code, (2) an individual retirement annuity described in section 408(b) of the Internal Revenue Code, (3) an annuity plan described in section 403(a) of the Internal Revenue Code, (4) a qualified trust described in section 401(a) of the Internal Revenue Code, (5)effective January 1, 2002,an annuity contract described in section 403(b) of the Internal Revenue Code, (6) effective January 1, 2002, a plan eligible under section 457(b) of the Internal Revenue Code that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state that agrees to separately account for amounts transferred into that plan from the retirement system, or (7) effective January 1, 2008, a Roth IRA described in section 408A of the Internal Revenue Code. (d) "Distributee" means an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code. Effective January 1, 2007, a distributee further includes a nonspouse beneficiary who is a designated beneficiary as defined by section 401(a)(9)(E) of the Internal Revenue Code. However, a nonspouse beneficiary may only make a direct rollover to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity shall be treated as an "inherited" individual retirement account or annuity. (e) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by the distributee. Section 5. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82,Personnel;Article II, Employee Benefits; Division 2,Retirement System; Subdivision I, In General; Section 82-80, to read as follows: 00679800-1 Ordinance No. 12-2016 Page 8 of 15 7.7.16 Sec. 82-80. - Reserve for member contributions. (a) The reserve for member contributions is the account in which is accumulated the contributions deducted from the compensation of members, or otherwise paid to the retirement system by the member or on the member's behalf, and from which shall be made refunds and transfers of accumulated member contributions. (b) For members who attained normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, their contribution rate both before and after May 1, 2012 shall be 7.21 percent for benefit group lifeguard, 6.98 percent for benefit group police officer, 6.82 percent for benefit group firefighter, and 6.47 percent for benefit group general. (c) For members who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, member contributions to the retirement system shall be at the applicable following rates: Contribution Contribution Rate Rate (percent) Contribution Rate Benefit Group (percent) May 1, 2012 (percent) Before May 1, through On and After 2012 September 30, October 1, 2013 2013 Benefit group general—Hired 6.47 4.47 2.47 before May 1, 1992 Benefit group general—Hired on 6.47 2.47 2.47 or after May 1, 1992 Benefit group firefighter 6.82 4.82 4.82 (bargaining unit) Benefit group firefighter (non- 6.82 4.82 2.47 bargaining unit) Benefit group police officer 6.98 4.98 2.47 Benefit group lifeguard—Hired 7.21 5.21 2.47 before May 1, 1992 Benefit group lifeguard—Hired on 7.21 3.21 2.47 or after May 1, 1992 (d) Notwithstanding the provisions of subsection(c)above,the member contribution rate for benefit group police officer members and non-bargaining unit benefit group firefighter members who were employed but did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and 00679800-1 Ordinance No. 12-2016 Page 9 of 15 7.7.16 benefit group police officer members and non-bargaining unit benefit group firefighter members hired on or after May 1,2012, effective the first full pay period after October 1, 2016 shall be 10% of compensation. The member contribution rate for such members shall be subject to adjustment the first full pay period following October 1, 2017 and the first full pay period following October 1 of each year thereafter based on the investment performance of the retirement system, as set forth in subsection(e) below. (e) The member contribution rate for benefit group police officer members and non- bargaining unit benefit group firefighter members who were employed but did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54,and benefit group police officer members and non-bargaining unit benefit group firefighter members hired on or after May 1,2012, shall be subject to adjustment on the first full pay period following October 1, 2017, and the first full pay period following October 1 of each year thereafter as follows: The annual actuarial valuation for the plan year ending September 30, 2016 and each plan year thereafter shall reflect an adjustment to the member contribution rate for the following plan year based on funding the difference between the assumed rate of investment return and the actual rate of investment return for the plan year ending on the valuation date, net of investment expenses, and such that the ratio of employer to member contributions for the plan year ending on the valuation date is maintained for the plan year following the adjustment; subject in any event to a minimum member contribution rate of 8% and a maximum member contribution rate of 12% of compensation. (f) The individual responsible for preparing the town payroll shall cause the contributions provided for in subsection(b) of this section to be deducted from the compensation of each member on each payroll. The deducted contributions shall be paid to the retirement system and shall be credited to the member's individual accounts in the reserve for member contributions. Member's contributions shall be made notwithstanding that the minimum compensation provided by law for any member shall be changed thereby. Every member shall be deemed to consent and agree to the deductions made and provided herein. Payment of compensation, less the deduction, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for services rendered by the member during the period covered by such payment, except as to benefits provided by the retirement system. (g) The accumulated contributions of a member shall be transferred from the reserve for member contributions to the reserve for retired benefit payments upon a member's retirement or death. At the expiration of a period of four years from the date an individual without entitlement to a vested termination pension provided in section 82-94, 82-114, or 82-134 ceases to be a member, any balance in the reserve for member contributions unclaimed by the individual or the individual's legal representative shall be transferred to the reserve for undistributed investment income. Provided, however, that a former firefighter member or a former police officer member may voluntarily leave his or her contributions in the fund for a period of five years after leaving the employ of the town, pending the possibility of being rehired by the same department, without losing credit for the time he or she has participated actively as a member. If such former member is not re-employed as such with the same department within five years, his or her contributions shall be returned without interest. 006798004 Ordinance No. 12-2016 Page 10 of 15 7.7.16 Section 6. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82,Personnel; Article II, Employee Benefits; Division 2,Retirement System; Subdivision III, Firefighters; Section 82-94, to read as follows: Sec. 82-94. - Retirement age and service conditions for firefighters. (b) The age and service conditions for normal retirement are as follows: (1) Members who attained normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, shall be eligible for normal retirement upon attaining age 50 with ten or more years of credited service; or when the member's age to last completed month plus credited service totals 65 years or more and the member has ten or more years of credited service; or when the member has 20 or more years of credited service. (2) Members who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, shall be eligible for normal retirement upon attaining age 50, or when the member's age to last completed month plus credited service totals 65 years or more, or upon completion of 20 years of credited service regardless of age, and upon such retirement shall be eligible to receive the frozen accrued benefit based on credited service and average final compensation on April 30, 2012. Such members shall be eligible to receive the accrued benefit based on credited service on and after May 1, 2012 upon attaining age 65 with ten or more years of credited service. (3) Members hired on or after May 1, 2012, shall be eligible for normal retirement upon attaining age 65 with ten or more years of credited service. (4) Notwithstanding the provisions of paragraphs (2) and (3) above, effective October 1, 2016 non-bargaining unit members who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, and non-bargaining unit members hired on or after May 1, 2012, shall be eligible to receive the accrued benefit based on credited service on and after May 1, 2012 upon attaining age 56 with ten or more years of credited service. Section 7. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82,Personnel; Article II,Employee Benefits; Division 2,Retirement System; Subdivision III, Firefighters; Section 82-95, to read as follows: Sec. 82-95. - Amount of pension—Firefighters. (c) The benefit formula for firefighters is: (1) For pension payments payable after October 1, 2005 to firefighters who were actively employed on and after October 1, 2005 and who retired, entered the DROP, or terminated 00679800-1 Ordinance No. 12-2016 Page 11 of 15 7.7.16 employment with ten or more years of credited service prior to May 1, 2012, and to firefighters who attained normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, the benefit formula shall be, average final compensation multiplied by the sum of 3.5 percent of credited service to a maximum of 87.5 percent, plus two percent of average final compensation for credited service, if any, in excess of 43.75 years. The standard form of payment for such benefit shall be life and ten years certain (i.e., unless a retirant chooses an optional form of payment under section 82-96, payments for the benefit of a retirant who dies within ten years of retirement shall continue to the retirant's designated beneficiary until the tenth anniversary of the retirant's retirement date. (2) For firefighters who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, the benefit formula shall be 3.5 percent of average final compensation on April 30, 2012, multiplied by credited service on that date. The accrued benefit of all such firefighters shall be frozen on May 1, 2012. The standard form of payment for the frozen accrued benefit shall be life and ten years certain. (3) For credited service on and after May 1, 2012, except as such service may be credited to members who qualify under subsection 82-95(c)(1) above, the benefit formula shall be 1.25 percent of average final compensation multiplied by years of credited service on and after that date. The standard form of payment for benefits based on credited service on and after May 1, 2012 shall be a straight life annuity, payable for the member's lifetime. (4) Firefighters who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on May 1, 2012 shall, upon retirement, be eligible to receive a retirement benefit consisting of two parts: (1) the frozen accrued benefit based on credited service prior to May 1, 2012, payable upon entry into the DROP or termination of employment and attaining eligibility for receipt of retirement benefits under the provisions of the system in effect on April 30 2012 and; and(2)the accrued benefit based on credited service on and after May 1, 2012, payable upon attaining age 65 with ten or more years of credited service and entry into the DROP or termination of employment. (5) Notwithstanding the provisions of paragraphs (3) and (4) above, effective October 1, 2016,the benefit formula for non-bargaining unit firefighters who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, and non-bargaining unit firefighters hired on or after May 1, 2012, shall be 2.75% of average final compensation multiplied by credited service on and after October 1, 2016, payable upon attaining age 56 with ten or more years of credited service and entry into the DROP or termination of employment. 006798004 Ordinance No. 12-2016 Page 12 of 15 7.7.16 Section 8. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2,Retirement System; Subdivision IV, Police Officers; Section 82-114, to read as follows: Sec. 82-114. - Retirement age and service conditions for police officers. * * * (b) The age and service conditions for normal retirement are as follows: (1) Members who attained normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, shall be eligible for normal retirement upon attaining age 50 with ten or more years of credited service; or when the member's age to last completed month plus credited service totals 65 years or more and the member has ten or more years of credited service; or when the member has 20 or more years of credited service. (2) Members who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, shall be eligible for normal retirement upon attaining age 50, or when the member's age to last completed month plus credited service totals 65 years or more,or upon completion of 20 years of credited service regardless of age, and upon such retirement shall be eligible to receive the frozen accrued benefit based on credited service and average final compensation on April 30, 2012. Effective October 1, 2016, such members shall be eligible to receive the accrued benefit based on credited service on and after May 1, 2012 upon attaining age 56 with ten or more years of credited service. (3) Members hired on or after May 1, 2012, shall be eligible for normal retirement upon attaining age 56 with ten or more years of credited service. Section 9. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82, Personnel;Article II, Employee Benefits; Division 2,Retirement System; Subdivision IV, Police Officers; Section 82-115, to read as follows: Sec. 82-115. - Amount of pension—Police officers. * * * (c) The benefit formula for police officers is: (1) For pension payments payable after October 1, 2005 to police officers who were actively employed on and after October 1, 2005 and who retired, entered the DROP, or terminated employment with ten or more years of credited service prior to May 1, 2012, and to police officers who attained normal retirement eligibility based on credited service as of May 1,2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, the benefit formula shall be average final compensation multiplied by the sum of 3.5 percent of credited service rendered to a 00679800-1 Ordinance No. 12-2016 Page 13 of 15 7.7.16 maximum of 87.5 percent,plus two percent of average final compensation for credited service, if any, in excess of 43.75 years. The standard form of payment for such benefit shall be life and ten years certain (i.e., unless a retirant chooses an optional form of payment under section 82-96, payments for the benefit of a retirant who dies within ten years of retirement shall continue to the retirant's designated beneficiary until the tenth anniversary of the retirant's retirement date. (2) For police officers who did not attain normal retirement eligibility based on credited service as of May 1,2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on that date, the benefit formula shall be 3.5 percent of average final compensation on April 30, 2012 multiplied by credited service on that date. The accrued benefit of all such police officers shall be frozen on May 1, 2012. The standard form of payment for the frozen accrued benefit shall be life and ten years certain. (3) For credited service on and after May 1, 2012, except as such service may be credited to members who qualify under subsection 82-115(c)(1) above, the benefit formula shall be: 1.25 percent of average final compensation multiplied by years of credited service between May 1, 2012 and September 30, 2016; and 2.75 percent of average final compensation multiplied by years of credited service on and after October 1, 2016. The standard form of payment for benefits based on credited service on and after May 1, 2012 shall be a straight life annuity, payable for the member's lifetime. (4) Police officers who did not attain normal retirement eligibility based on credited service as of May 1, 2012, excluding credited service purchased pursuant to section 82-54, and who were employed by the town and not participating in the DROP on May 1, 2012 shall, upon retirement, be eligible to receive a retirement benefit consisting of two parts: (1) the frozen accrued benefit based on credited service and average final compensation prior to May 1,2012, payable upon entry into the DROP or termination of employment and attaining eligibility for receipt of retirement benefits under the provisions of the system in effect on April 30 2012; and (2) the accrued benefit based on credited service on and after May 1, 2012, payable effective October 1, 2016,_upon attaining age 56 with ten or more years of credited service, and termination of employment or entry into the DROP. Section 10. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 11. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 12. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. 00679800-1 Ordinance No. 12-2016 Page 14 of 15 7.7.16 Section 13. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 12th day of July, 2016, and for second and final reading on this 16th day of August, 2016. ): (/) X is, 1 0 ‘ I. OL ) ` ghio, Mayor Michael . Pucill� cwn Council President . f2 111 144 Richard M. leid President Pro Tem ATTESTS Bobbie Lindsay, Town C. ncil Me,niber ( ;(.,C,ttLetk_ i- ijIrt\.,- san A: Owens, MMC, Town Clerk6 .44...._ — --j-- Danielle . . Moore Town Council Member / j .1I Margaret':eidman,/Town Council Member l/ 00679900-1 Ordinance No. 12-2016 Page 15 of 15