7034-02
ORDINANCE NO. 7034-02
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
DIVISION 5, POLICE OFFICERS PENSION PLAN,
SUBDIVISION II, SUPPLEMENTARY PENSION AND
RETIREMENT PLAN, OF THE CODE OF ORDINANCES OF
THE CITY OF CLEARWATER; AMENDING SECTION 2.471,
DEFINITIONS; AMENDING SECTION 2-480, DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1: That Chapter 2, Administration, Division 5, Police Officers Pension Plan,
Subdivision II, Supplementary Pension and Retirement Plan, of the Code of Ordinances of the City
of Clearwater, is hereby amended by amending Section 2.471, Definitions, by amending the
definitions of "Eligible retirement plan" and "Eligible rollover distribution", to read as follows:
Eligible retirement plan means an individual retirement account described in section 408(a)
of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the
Internal Revenue Service Code, an annuity plan described in section 403(a) of the Internal Revenue
Service Code, an ~lig.ible ~ef~ed compe~s~tionplan describe~ ~ds.~c~i~~.:~~(b? ~{~~(1)~~~:~
Revenue Code WhICp IS mailltailled by an elIgIble einplQyer descrih, , I, e I .5 (_ ( ..
Internal.Revenue Code ~nd which agrees t.o sep.aratel~ account fo~;:i~~ ~~;~f:~~f~~f~i~~
from thIS plan. an annUIty contract descrIbed ill section 4030;) ,e let or a
qualified trust described in section 401(a) of the Internal Revenue Service Code, that accepts the
distributee's eligible rollover distribution. IIo\l\ic;\le1, This definition shall also apJlly in the case of
an eligible rollover distribution to the surviving spouse, an eligible Ictiremcut plan is an indi vidual
IctitClllCIrt account 01 individual iC,tirenlcnt an11uity.
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: any
distribution that is one of a series of substantially equal periodic payments (not less frequently than
annually) made for the life (or 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; any distribution to the extent such distribution is required under section
401(a)(9) of the Internal Revenue Service Code; and the portion of any distribution that is not
includable in gross income. Any portion of any distribution which would be includible in gross
income will be an eligible rollover distribution if the distribution is made t~ ~~ in~ifl~~~ [~iire~~~t
account described in section 408(a). to an individual retirement an~~itr d s ibe ~) th;t:;ir4~~"t~
or to a qualified defined contribution plan described in section 401(a.) ~~ 403( t _.e
s~pa~atel'y acco~nt ~o~ amo~ts S? transfe~ed. including sepa~~~l~ a~~~~~~~~~~.~ ~~~lo~ 01~~~~
dIstrIbutIOn whIch IS IncludIble ill gross illcome and the p~rt~ f s h I I h s
includible.
SECTION 2: That Chapter 2, Administration, Division 5, Police Officers Pension Plan,
Subdivision II, Supplementary Pension and Retirement Plan, of the Code of Ordinances of the City
of Clearwater, is hereby amended by amending Section 2.480, Direct transfers of eligible rollover
distributions, to read as follows:
I
Ordinance 7034-02
Sec. 2.480. Direct transfers of eligible rollover distributions.
This section applies to distribution made on or after January 1,1993- 2.QQ2. Notwithstanding
any provision of the system to the contrary that would otherwise limit a distributeefs election under
this section, a distributee may elect, at the time and in the manner prescribed by the board, to have
any portion of an eligible roHover distribution paid directly to an eligible retirement plan specified
by the distributee in a direct rollover.
SECTION 3: Specific authority is hereby granted to codifY and incorporate this Ordinance
in the existing Code of Ordinances of the City of Clearwater.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the
particular application thereof shaH be held invalid by any court, administrative agency, or other body
with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under
application shall not be affected thereby.
SECTION 5: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 6: That this Ordinance shall become effective upon its adoption.
PASSED ON FIRST READING
September 5, 2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 19, 2002
BrimA~ ~
Mayor-Commissio er
]{J ro form:
/( /, If / "..
ifl/ "f' ,. '. . -.,.
Pame a K. Akin
City Attorney
Attest:
noc\clear\pol\07-15-02.ord
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Ordinance 7034-02