6494-00
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ORDINANCE NO. 6494-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE EMPLOYEES PENSION PLAN; AMENDING
SECTION 2.393, CODE OF ORDINANCES, TO AMEND OR DELETE
DEFINITIONS; AMENDING SECTION 2.397, CODE OF ORDINANCES,
TO AMEND BENEFITS UNDER THE PLAN; PROVIDING FOR A
REFERENDUM ELECTION RELATING TO THE PENSION PLAN;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.393, Code of Ordinances, is amended to read:
Sec. 2.393. Definitions.
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Average Monthly Compensation shall mean tho menthly Componsation ef a
Partioipant ayorugod over his last 5 senseol:.lti':e Year=s of Creditod Servise. If a
Partioipant has loss than 5 oansesl:.ltive Yoar€ of Cr:eEfited Sorvioo, his .'\verago Monthly
Componsation '::ill bo based on his menthly Com~ensatien Efl:.lring his montt:ls of sorvioo
bog inning 'J:ith tho date he sommonoos partioiJ3ation in tho Plan te his dato of
tormiFlation of omploymoFlt. For purposos ef Efotormining a Partioipant's maximum
bonofit as reql:.lirod by Seotion ~ 1 5 af the Internal Rovonuo Coete, a Partisipant's
".'worago Monthly Componsation" shall meaA tho Somion ~ 15 Cemponsation r<!ooivod
by a Partioipant during the throo (3) oonsesl:.ltive Limitatien Year=s '::ith r~speot to whioh
tho Partioipant roooi'tos tho highost SoGtieA ~ 15 ComJ3eFlsation, dividod by 38 (er, if
loss, UlO aggrogato numl3er ef his months ef employment) one-twelfth of the average
Compensation of the 5 best years of the last 10 Years of Credited Service prior to
retirement. termination. or death. or the career averaae as a full-time Participant.
whichever is greater. A year shall be 12 consecutive months.
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Compensation:
(1) Compensation shall mean tho rogl:.llar salarios, '1.-agos, ovortimo pay,
loavo pay (oxoopt wheA paid in a Il:.ImJ3 sl:.lm l:.Ipen retirement 13 (mefit), bonl:.lses paiEf l3y
tho Employor (pro':idod the Employoo oentributieA Fato is applieEf thor-eto), Employoo
oontributions designatod as EmJ3leyor oontril3l:.1tions unEfor SomioFl ~ 1 ~(h) oHho Intemal
Rovonl:.le Cedo, and emJ3loyoe salary mdl:.lGtieA sentril3l:.1tiens maEfo J3l:.1FGuant to an
arFangemont dosoribod in Sootion 125 ef tho Intemal Revenl:.lo Code, oomJ3cmsation
doforrod unetor Sootion ~57(13) of tho Intamal ReveFll:.le Codo, indomnity bonofits
roooi'led pUrGuant to the VVorkors' COFRI3ClAsation La'.\', inoontive ~ay for polioe and
firofightors, assignment pay, acting pay, and shift etiffOFontial pay DlJt shall not iFlslude
olothing, oar or moal allo'.\'aAsos, disability l3aymonts, lump sum payments ef aoorued
Ordinance 6494-00
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siok loa\'o pais l:Ipon rotiromont, rolosaticm ox~onse paymonts, Bonofits Lmdor ttlis Plan,
any amol:lnt oontributos to any ponGion, omployoo 'NO If a ro, life iFlGl:Iranoo or hoalth
insuranoo ~Ian or arraFlgomont, or any othor friF1~o bonofits, v:olfaro bonofits or
Employor paiet doforrod oomponsation the total comoensation for services rendered to
the City as a Particioant reoortable on the Particioant's W-2 form. includina indemnity
benefits received pursuant to the workers' comoensation law. olus all tax deferred. tax
sheltered. or tax exemot items of income derived from elective emoloyee oayroll
deductions or salary reductions. but excludina lumo sum leave oay oaid uoon
retirement. lumo sum payments of accrued sick leave oaid uoon retirement. oay for off-
duty emoloyment. clothina. car. or meal allowances. relocation exoense oayments.
benefits under this olan. any amount contributed to any oension. emoloyee welfare. life
insurance or health insurance olan or arranaement. or any other fringe benefits. welfare
benefits. or emoloyer oaid deferred comoensation. Comoensation in excess of the
limitations set forth in Section 401(a)(17) of the Code shall be disreaarded. The
limitation on comoensation for an "eligible emoloyee" shall not be less than the amount
which was allowed to be taken into account hereunder as in effect on July 1. 1993.
"Eligible emoloyee" is an individual who was a Particioant before the first olan year
beainnina after December 31. 1995.
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E.aFfy Rotft:ement Date shall moan tho ctato on whioh a Partioipant has roaohod
tho ago of G5 yoar-s and oomplotoet 10 Yoars of Croetitod Sorvioo.
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Normal Retirement Date shall mean
(1) The earlier of:
a. the date on which a Participant has reached the age of 55
years and completed 20 Years of Credited Service,
b. the date on which a Participant has completed 30 Years of
Credited Service regardless of age,
c. the date on which a Particioant has reached the aae of 65
years and comoleted 10 Years of Credited Service. or
ag. the date on which a Participant has completed 20 Years of
Credited Service, which service is of a character or type of employment
that is described below as "hazardous duty" or that the Trustees have
designated as hazardous duty.
(2)
For this purpose, a Participant's service shall be deemed "hazardous
duty" if the Participant is a full-time sworn police officer certified in
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Ordinance No. 6494-00
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accordance with Section 943.1395, Florida Statutes, or a full-time
firefighter certified in accordance with Section 633.35, Florida Statutes,
and he is employed in police or fire positions as established by the
Employer.
Section 2. Section 2.397, Code of Ordinances, is amended to delete subsection
(b), to reletter the current subsections (c), (d) and (e) as subsections (b), (c) and (d),
respectively, to add a new subsection (f) and to reletter the current subsection (f) as (g)
as follows:
Sec. 2.397. Benefits under the plan.
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(b) 15arly RetireMent 8enefit.
(1) A Partioipant shall 190 ontitlm:J ta r:etiro frsm t!:le smJ3loy sf !:lis Employor
upon sblQh PartiQipcmt's Early Retiromcmt Date.
(2) UpOR roao!:liAg his Early RetiromeAt Dato, tho PartioipaAt shall Be fully
\'ostod in his AOQrblea 8enefit aAa sl:lall Be 9Atitlea to roQeivo, at tho time aRa in the
manner dssoribea in Seetian 2.~98, his oarly r:etimmont Benofit.
(~) .'\ PartioiJ3ant's early r.otiroment BeAefit shall bo etetorminoa in aoooFetanoe
with tho pro':isioAs af paragraph (a) abo'/o, and t!:lo amoblnt of suoh bonofit shall 190
reduood to tho Aetblarial EElblivalont af tho BeAofit att:lof'A'ise payaBle undor J3aragraph
(a) abo':s.
(1) If a PartioipaAt soparatos ffam servioe Befor{) satisfyiRg tho age
requiroment for early mtiromeAt, but !:las satisfieet tho servioo roqblir{)mont, tho
PartioiJ3aAt '.viII 190 ontitlod to aA early rotiremeAt beAefit UpOA sati&faGtion of SblQI:l ago
requirement.
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ill Cost-of-Livina Adiustment.
Commencina on April 1. 2000. the month Iv amount pavable to all Participants.
beneficiaries and survivors who have received at least 6 monthly benefit payments as
of each April 1. shall receive an annual cost-of-livina adiustment on each April 1 eaual
to 1.5%.
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Section 3. If any provision of this ordinance or any policy or order thereunder of
the application of such provision to any person or circumstances shall be held invalid,
the remainder of this ordinance and the application of such provision of this ordinance
or of such policy or order to persons or circumstances other than those to which it is
held invalid shall not be affected thereby.
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Section 4. A special election for the purpose of voting on this proposed
ordinance as set forth shall be conducted on March 14,2000.
Section 5. The question to appear on the Referendum Ballot shall be as follows:
Pension Plan Amendments
Shall the City of Clearwater Employees Pension Fund be amended to:
provide for an annual cost of living adjustment of 1.5% for past and future
retirees; change the benefit calculation period to the highest five years of
the last ten years of pay; allow employees age 65 with 10 years of service
to retire with a normal benefit; revise the definition of compensation, all as
provided in Ordinance No. 6494-00?
YES
For amendment to Employees Pension Fund
NO
Against amendment to Employees Pension
Fund
Section 6. The funds contained in or authorized by the Pension Fund adopted
by Ordinance No. 1832 as subsequently amended shall be applied in furtherance of the
contributions and disbursements authorized pursuant to this ordinance, and the rights,
duties and obligations provided in this ordinance shall apply to any fund subject to the
provisions of this ordinance; provided, however, that the preconditions set forth in
Section 7 relating to this ordinance becoming effective had been complied with.
Section 7. This ordinance shall take effect immediately upon adoption. The
amendments to the Pension Plan provided for herein shall take effect only upon
approval of a majority of the City electors voting at the referendum election on these
issues and upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 20, 2000
RE-ADOPTED
February 3, 2000
issioner
Approved as to form:
Attest:
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Pamela K. Akin, City Attorney
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ia E. Goudeau, City Clerk
Ordinance 6494-00