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ORDINANCE NO. 6826-01
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE V, EMPLOYEE BENEFITS, DIVISION 3,
EMPLOYEES' PENSION PLAN, OF THE CODE OF
ORDINANCES OF THE CITY OF CLEARWATER; AMENDING
SECTION 2.397, BENEFITS UNDER THE PLAN; AMENDING
SECTION 2.398, TIME AND MANNER OF BENEFIT
PAYMENTS; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 6494-00 was adopted by the City Commission and
approved by referendum of the electorate on March 14, 2000, which ordinance amended
the City of Clearwater Employees' Pension Plan; and
WHEREAS, a portion of Ordinance 6494-00, providing for a cost-of-living
adjustment, was inadvertently omitted from the codification of this ordinance; and
WHEREAS, Ordinance No. 6563-00 was adopted by the City Commission on June
15, 2000 to comply with Chapter 99-01, Laws of Florida, and certain technical corrections
to the ordinance are necessary to clarify the compliance with the state legislation to limit
certain changes to only police officer and firefighter participants; and
WHEREAS, the City Commission desires to make the necessary corrections to the
Employees' Pension Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, THAT:
Section 1. Chapter 2, Administration, Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.397, Benefits under the plan, to add subsection (f), Cost-
of-living adjustment, as follows and to renumber subsections (f) and (g) as subsections (g)
and (h), respectively:
ill cost-of-livina adiustment. Commencinq on April 1, 2000, the monthly
amount payable to all participants. beneficiaries and survivors who have received at least
six monthly benefit payments as of each April 1. shall receive an annual cost-of-livina
adiustment on each April eaual to one and one-half percent.
Section 2. Chapter 2, Administration, Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.398, Time and manner of benefit payments, subsection
(a)(1 )c.1. and subsection (b)(2)a.3., to read as follows:
(a)(1) c.
1.
The amount of the disability benefit to which a participant is
entitled under paragraph (c) of section 2.397 shall commence
as of the end of the month that next follows the later of (1) the
month in which a determination is made as to the participant's
disability or (2) the month in which the participant terminates
employment, continuing as of the last day of each month
thereafter during his lifetime and the lifetime of his beneficiary,
Ordinance 6826-01
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(b)(2) a.
if anYi.:. With resoect to oolice officer and firefiahter
particioants. 120 payments shall be guaranteed in any event;
Monthly income payments for the life of the participant and,
after his death, a survivor annuity payable for the life of the
participant's designated beneficiary equal to 100 percent, 75
percent, 66 2/3 percent (for police officer and firefiqhter
particioants only) or 50 percent of the amount payable to the
participant. Police officer and firefighter participants shall be
permitted to change his joint annuitant as provided for in
175.171,175.333,185.161 and 185.341.
3.
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.
Section 4. All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. This ordinance shall become effective upon adoption except that Section
1 of this ordinance shall be effective retroactively to April 1, 2000 and Section 2 of this
ordinance shall be effective retroactively to December 31, 1999.
PASSED ON FIRST READING
August 16, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 6, 2001
Approved as to form:
Attest:
~nW:M cPJld!,
Leslie K. Dougall-s~
Assistant City Attorney
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Ordinance 6826-01
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