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Ordinance 04-2012 Retirement Plan ORDINANCE NO. 4 -2012 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, SECTION 82 -51, GENERAL, BY AMENDING SAID SECTION 82 -51 TO CREATE SUBSECTIONS (A) AND (B); PROVIDING IN SECTION (A) AN AMENDMENT EFFECTIVE APRIL 1, 2012 PROVIDING THAT THE RETIREMENT SYSTEM SHALL BE ADMINISTERED BY A SINGLE BOARD OF TRUSTEES AS PROVIDED IN SUBSECTION (B); CREATING A NEW SUBSECTION B TO PROVIDE FOR A CONSOLIDATED RETIREMENT PLAN COVERING ALL ELIGIBLE TOWN EMPLOYEES; ESTABLISHING A PLAN FOR TRANSITION AND IMPLEMENTATION; AMENDING SECTION 82 -57 ESTABLISHING A NEW BOARD OF TRUSTEES, ABOLISHING AS OF APRIL 1, 2012, THE FIREFIGHTER BOARD OF TRUSTEES, POLICE OFFICER BOARD OF TRUSTEES AND GENERAL EMPLOYEE /LIFEGUARD BOARD OF TRUSTEES; SETTING FORTH TERMS OF OPERATION AND PROVIDING THAT THE NEW BOARD OF TRUSTEES ESTABLISHED HEREIN SHALL BE RESPONSIBLE FOR ADMINISTERING THE RETIREMENT SYSTEM AND INVESTING ALL ASSETS OF THE SYSTEM IN ACCORDANCE WITH THE TERMS HEREOF; 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; Section 82 -51, to read as follows; "Section 1. Sec. 82 -51. General. (a) The town retirement system established as of July 1, 1947, as amended, is continued for the purpose of providing retirement income to certain employees and former employees, and survivor income to certain of their beneficiaries. Effective April 1, 2012. tThe retirement system shall be}s administered by a e boards of trustees as provided in subsection (b) below. th e fi` titer boar' of t to . ��,o o f „f'f�e board o f truste emp bo of �� - -.___ _ ca��cnc� ccrcrir� =oo c� - uvuiu tees. Such boards shall operate in the manner provided by this division, subdivisio n , b s„>,a,ivis; II, ✓x, tale i.a t i.61 i a fl a l applieable to - them,, and in accordance with applicable provisions of y the Floc- � Statutes. No 1 a er-at t ie�ftlIts -Coda - the United States Internal Revenue Code ands the Florida Statutes as they may be amended from time to time. The retirement system shall be operated for the exclusive benefit of members, retirants and their beneficiaries. (b) Notwithstanding any other provision of this Division 11. and effective upon the adoption of this ordinance:, (1) A new board of trustees is created as provided in section 82 -57. The. members of the new board of trustees shall be selected no later than March, 29. 2012. and shall be sworn in on or before March 30, 2012. The existin¢ boards of trustees of the firefighter, police officer and general /lifeguard retirement plans shall continue to operate through March 31.. 2012. for the primary purpose of facilitating the transfer of contracts, investment holdings, assets and liabilities of the existing firefighter. police officer and general /lifeguard retirement plans, as well as all documents and records of those plans. to the new board of trustees. The existing boards of trustees shall take all necessary and appropriate action to carry out this purpose in a timely manner. (2) All existing contracts, investment holdings, assets and liabilities of the existing firefighter, police officer and general /lifeguard retirement plans shall be transferred to and become contracts, investment holdings, assets and liabilities of the new board of trustees on April 1, 2012, or as soon, thereafter as administratively possible. The existing firefighter, police officer and general /lifeguard retirement funds shall be separately managed by the new board of trustees for up to six months following April 1, 2012. until such time as the new board of trustees determines that it .is prudent to. consolidate one or more of the funds. The existing firefighter. police officer and general /lifeguard retirement funds shall be consolidated into. one retirement fund on or before October 1, 2012. Notwithstanding the consolidation of the retirement funds, the new board of trustees shall. provide for a separate accountin¢_ of the assets and liabilities attributable to the firefighter. police officer and general /lifeguard employee benefit groups. and all actuarial valuations and studies performed on and after, April 1. 2012 shall include a separate accounting of the assets and liabilities attributable to the firefighter. police officer and general /lifeguard emplovee benefit groups. II Ordinance No. 4 -2012 Page 2 of 9 (3) The plan administrators for the existing firefighter, police officer and general /lifeguard retirement plans are authorized to implement and. facilitate the provisions of this subsection (b), and to act as plan administrators for the consolidated retirement plan until otherwise determined by the new board of trustees. During the period prior to April 1.2012 the boards of trustees of the existing firefighter. police officer and general /lifeguard retirement plans and the plan administrators shall take all, necessary and appropriate action to ensure that the benefits due retired, plan members are not interrupted, and that anv benefit app_ lications submitted by plan members are processed in a timelv manner. Commencing April 1, 2012, the new board of trustees and the plan, administrators shall take all necessary and appropriate action to ensure that, the benefits due retired plan members are not interrupted, and that any benefit applications submitted by plan members are processed in a timelv manner." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82, Personnel; Article Il, Employee Benefits; Division 2, Retirement System; Section 82 -57, to read as follows; " Sec. 82 -57. Board of Trustees; Admi nistrative duties: Investment of retirement system assets. (a) Effective upon the adoption of this ordinance, a new board of trustees shall be established in accordance with subsection (b) below. Effective April 1, 2012, the firefighter board of trustees. police officer board of trustees and general emplovee /lifeguard board of trustees shall be abolished, and the board of trustees established in accordance with subsection (b) below shall be responsible for administering the retirement system and investing all assets of the system in accordance with subsections (c) through (k) below, for all emplovee benefit rg oups. (b) The board of trustees (the "board") shall consist of nine members selected as follows: (1) One employee who is a member of benefit group general or benefit group lifeguard elected by the members of those benefit groups. (2) One employee who is a member of benefit group firefighter elected by the members of that benefit group. (3) One employee who is a member of benefit group police officer Ordinance No. 4 -2012 Page 3 of 9 elected by the members of that benefit rt g rou p . (4) Five residents of the town who are not officers or employees of the town, retirants or beneficiaries of the retirement system, appointed by the town council. (5) The town manager or. in the town manager's absence, the acting town manager, who shall serve as a voting ex- officio member. (c) The board shall meet at least auarterly, shall adopt its own rules of procedure and shall keep records of its proceedings. Five trustees shall constitute a quorum at any meeting of the board, and a vote of the maiority of the quorum present at any meeting shall be necessary for a decision of the board. Each trustee shall be entitled to one vote on each question before the board. The trustees shall . not receive any compensation but may receive expenses and per diem as provided by town ordinance. (d) Trustees other than the town manager or acting town manager shall serve staggered three year terms, and may succeed themselves in office. To implement the staggered terms. the first elected trustee who is a member of benefit group police officer shall serve a one year term: the first elected trustee who is a member of benefit aroup firefighter shall serve a two year term: and the first elected trustee who is a member of benefit group general or benefit group lifeguard shall serve a three year term. The staggered terms for the appointed trustees shall be implemented as follows: two appointed trustees shall serve an, initial term of one year: two appointed trustees shall serve an initial term of two, years: and one appointed trustee shall serve an initial term of three nears: as determined by the town council. Trustees who are elected or appointed following; the initial terms shall serve a term of three years. Each trustee shall, before . assuming the duties of trustee. a_ualifv by taking_ an oath of office to be administered by the town clerk. (e) A vacancy shall occur on the board if: (1) A member - elected trustee ceases to be a member or ceases to be, included in the appropriate benefit group; (2) A resident appointed by the town council fails to maintain town, residency as determined by the town council: or (3) Any trustee resigns or is removed from office., (4) A trustee fails to attend more than two meetings in any one calendar year without an excused absence. Excused absence due to illness, a death in the family, religious holidays and requirements Ordinance No, 4 -2012 Page 4 of 9 of legal process shall not constitute lack of attendance. In order for, an absence to be excused. the member must notifv the chair in writina no later than noon on the Friday prior to a scheduled meeting, unless the absence is an emergencv. Failure to timely notify the chair in writing of an absence will result in an unexcused absence, unless the absence is an emergency. Excused and unexcused absences shall be recorded in the minutes of the meetina_ at which the absence occurred, at the direction of the, chair. The chair may excuse an absence at the next regularly scheduled meetina for good cause shown. (f) If a vacancy occurs on the board. the vacancy shall be filled within 90 days. for the unexpired term. in the same manner as the position was previously filled. (a) The board shall be a legal entity with, in addition to other powers and responsibilities contained herein. the power to bring and defend lawsuits of every kind. nature and description, and to administer the retirement system for the benefit of its members, retirants and beneficiaries. (h) The officers and advisors of the board shall be as follows:. (1) Chair The board shall annually elect a chair and a chair pro tem from its members. (2) Secretarv. The board shall annually elect a secretary from among; its members. (3) Finance director and treasurer. The town finance director and, treasurer shall be finance director and treasurer of the board., (4) Lezal advisor. The town attornev or an attorney desia_ nated by the town attorney shall be legal advisor to the board. (5) Actuarv. The board shall appoint an actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis and who shall perform such services as are rea_uired in that connection. The term "actuary" as used in this article shall mean an enrolled actuary as defined in F.S. section 112.625. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an individual who meets the preceding qualifications. Ordinance No. 4 -2012 Page 5 of 9 (6) Services. The board is authorized and empowered to employ such professional and other services as are required for the proper administration of the retirement system at the fund's expense. (7) Plan administrator. The board is authorized to contract for the, professional services of a plan administrator. In the event the, board does not contract for the professional services of a plan , administrator, or in the event of anv lapse in such services, the human resources director shall be the plan administrator (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. section 218.415, 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 monevs 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, subiect to all terms, conditions. limitations and restrictions imposed by law on the investments of public emplovee retirement system assets. and subiect to investment policy adopted by the board. (4) The board may invest in securities o£ or other interests in. any open -end or closed -end management type investment companv 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. (5) The board shall retain an independent consultant professionally aualified to advise the board on all investment matters and evaluate. the performance of professional monev managers. The independent consultant shall assist the board in developing and revising its investment policv, and make recommendations regarding the selection of monev managers. These recommendations shall be considered by the board at its meetings. Ordinance No. 4 -2012 Page 6 of 9 (il The date, time. place and subject of regular board meetings shall be posted at least ten days prior to the date of such meetings. (kl If a claim for benefits is denied by the board, the claimant shall be notified of the denial, in writing_ , within 30 days following the board's action. The notification shall set forth the reasons for denial. The claimant may appeal the denial and reauest a hearing before the board. The appeal shall be in writing to the town clerk and filed within 90 days of the board's denial. The request shall. contain a written statement of the claimant's position regarding the claim. The board shall schedule a hearing within 60 days of receipt of the appeal. The hearing shall be conducted in accordance with rules adopted by the board. The board's action following the hearing shall be final and binding on all affected parties. (1) The board shall also provide administrative support and, coordination for the town's defined contribution plan and 457 plan., (ma) The boards of trustees for the existing firefighter, police officer and general /lifeguard retirement plans shall continue to operate through March, 31, 2012. for the primary purpose of facilitating the transfer of contracts. investment holdings, assets and liabilities of the existing firefighter, police officer and general /lifeguard retirement plans, as well as all documents and records of those plans. to the new board of trustees established pursuant to subsection (b) above. During the period prior to April 1, 2012, the boards of trustees for the existing firefighter, police officer and general /lifeguard retirement plans shall. continue to: (I1 shad be the trustees of the moneys and assets of the employee groups of members and retirants of the retirement system for whose benefit such boards are formed. (2b) The bear-d° shal have full power and authority to invest and reinvest the moneys and assets held for the benefit of members for whose benefit such boards are formed, subject to all terms, conditions, limitations and restrictions imposed by law on the investments of public employee retirement systems and subject to investment policies and limitations adopted by resolution of the town council or the boards from time to time. (3e) Eae" oard rnay 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., as amended, and provided such Ordinance No, 4 -2012 Page 7 of 9 investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. (4d) Th beards mey employ outside investment counsel to advise each board in the making and disposition of investments. All moneys and assets of the retirement system shall be held for the sole purpose of meeting disbursements authorized in accordance with the provisions of the retirement system and shall be used for no other purposes. (Se) in exer-e exercise discretionary authority with respect to the management of the moneys and assets of the retirement system, andeaeh beard 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. (6f) Eaeh board of tmstees shall retain an independent consultant professionally qualified to evaluate the performance of professional money managers. The independent consultants shall make recommendations regarding the selection of money managers. These recommendations shall be considered by the boards at their meetings. The date, time, place and subject of regular board meetings shall be posted at least ten days prior to the date of such meetings." Section 3. 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 4. 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. Ordinance No. 4 -2012 Page 8 of 9 Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 6. 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 16 day of February, 2012, and for second and final reading on this 14 day of March, 2012. lkuk /) Poav Gar L. Coniglio, Mayor David A. Rosow, Town Council President Ro e, Wildric , residenPro_Tem William J. Diamond, Town Council Member R a� coq ATTEST: qich M. Kle id, Town Council Member a�n 1�'. ;ei1s,1lVIC, Town Clerk J. Pucillo, Town Council Member Ordinance No. 4 -2012 Page 9 of 9 I