Ordinance 39-2019 Personnel Rev. 10.11.19
ORDINANCE NO. 39-2019
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, 1N GENERAL, BY AMENDING SECTION 82-54,
CREDITED SERVICE; LOSS OF CREDITED SERVICE;
REINSTATEMENT OF CREDITED SERVICE.; AMENDING
SUBDIVISION II, RESERVE ACCOUNTS, BY AMENDING
SECTION 82-80, MEMBER CONTRIBUTIONS; AMENDING
SUBDIVISION III,FIREFIGHTERS,BY AMENDING SECTION 82-
94, RETIREMENT AGE AND SERVICE CONDITIONS FOR
FIREFIGHTERS; 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 1. —In General; by amending Section 82-54 to read as follows:
Sec. 82-54. - Credited service; loss of credited service; reinstatement of credited
service.
(d) Unless otherwise prohibited by law, a vested member who has not purchased
service credit under section 82-64, may purchase years or fractional parts of years of
service to be added to years of credited service provided that:
(1) The member contributes to the retirement system the sum that would
have been contributed,based on the applicable employee contribution rate in effect
at the time that the credited service is requested for the years or fractional parts of
years for which the credit is requested, plus payment of costs for all professional
services rendered to the board in connection with the purchase of years of credited
service,plus the amount actuarially determined so that the crediting of service does
not result in any costs to the retirement system.
(2) Payment by the member of the required amount may be made within
six months of the request for credit and in one lump sum payment, or over a period
equal to the length of time being purchased or five years, whichever is less, at an
interest rate which is equal to the interest rate determined under section 82-65. No
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credit shall be given for any service until all years of service which are to be
purchased, have been purchased.
(3) The credited service purchased under this section shall count for all
purposes except vesting. No more than five years of credited service may be
purchased.
(4) If a member who is in the process of purchasing service terminates
before completing the purchase, the unpaid purchase price due from the former
member may be set-off against benefits payable to the former member.
(5) A purchase of service may be made no more than three times during
the course of employment and no purchase may be made until any previous
purchase is fully paid.
only be based upon actual prior service as a firefighter or service in the military and
upon actual prior service as a police officer or service in the military.
(7) Rollovers from qualified plans. A member may roll over all or part of
his or her assets in another qualified plan, that constitutes an eligible rollover
distribution, to purchase service under this section, provided all of the following
requirements are met:
a. Some or all of the amount distributed from the other plan is rolled over
to this plan no later than the 60th day after distribution was made from such plan.
b. The amount rolled over to this plan does not include any amounts
contributed by the member to such plan on a post-tax basis.
c. The rollover is made in cash.
d. The member certifies that the distribution is eligible for a rollover.
e. Amounts which are accepted as a rollover to this retirement system
shall be fully vested at all times.
(8) The rollover may also be made from individual retirement accounts
qualified under Internal Revenue Code section 408.
(9) Amounts rolled over may be segregated from other retirement plan
assets.
(10) In addition,the retirement system may accept the direct transfer of a
member's account from another qualified retirement plan to purchase service. The
retirement system shall account for direct transfers in the same manner as a rollover
and shall obtain certification from the member that the amounts are eligible for a
rollover or direct transfer to this retirement system.
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
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System; Subdivision 11. — Reserve Accounts; by amending Section 82-80 to read as
follows:
Sec. 82-80. —Reserve for member contributions.
(d) Notwithstanding the provisions of subsection (c) above:
(1) 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, effective the first full pay
period after October 1, 2016 shall be ten percent 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, 2018 based on the investment performance of the retirement system,
as set forth in subsection (e) below. Effective the first full pay period after
October 1, 2019, the member contribution rate for benefit group police officer
members and non-bargaining unit benefit group firefighter members shall be
eight and one-half percent of compensation. Effective the pay period beginning
December 14, 2019, the member contribution rate for bargaining unit benefit
group firefighter members shall be eight and one-half percent of compensation.
* * *
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 III. —Firefighters; by amending 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
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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. The provisions of
this paragraph shall apply to non-bargaining unit members who are
participating in the DROP on October 1, 2016, and to non-bargaining unit
members who retire or enter the DROP on or after that date,but shall not apply
to non-bargaining unit members who retired or separated from employment
before October 1, 2016.
(5) Notwithstanding the provisions of paragraphs (2) and (3) above, effective
August 12,2017 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 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.
(6) Notwithstanding the provisions of paragraphs (2), (3) and (4) above, effective
October 1, 2019, 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 55 with ten or more years of credited service, or age 52 with 25
years of credited service. The preceding sentence shall apply to non-bargaining
unit members who are participating in the DROP on October 1, 2019, and to
non-bargaining unit members who retire or enter the DROP on or after that date,
but shall not apply to members who retired or separated from employment
before October 1, 2019.
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(7) Notwithstanding the provisions of paragraphs (2), (3) and (5) above, effective
November 2, 2019, bargaining unit firefighter 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
bargaining unit firefighter 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 55 with ten or more years of credited service
or age 52 with 25 years of credited service. The preceding sentence shall apply
to bargaining unit firefighter members who are participating in the DROP on
November 2, 2019, and to bargaining unit firefighter members who retire or
enter the DROP on or after that date,but shall not apply to members who retired
or separated from employment before November 2, 2019.
Section 4. 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 5. 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 6. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances
of the Town of Palm Beach.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, .,'ourned sess on of the Town Council
of the Town of Palm Beach on first readina. // e ay of IU �•,g, ,2019,
and for second and final reading on this / day of , 2019
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1 . Conig io,Mayor Danielle H. Moore,Town Council President
4ies,A4L---d /
Margaret A. Zei• ouncil President Pro Tern
Julie 'WOO r Coun it Member
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Lewis S.W. Crampton, 'own Council Member
ATTEST:
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Kathleen Dominguez, CMC, To ler Bob ie Lindsay,Town Cou -tuber
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