2577-81
ORDINANCE NO. Z577-81
AN ORDINANCE AMENDING THE EMPLOYEES PENSION
PLAN (ORDINANCE NO. 1832) AS CODIFIED IN ARTICLE
III OF CHAPTER 26, EMPLOYEE BENEFITS, OF THE CODE
OF ORDINANCES, CITY OF CLEARWATER, TO PROVIDE
THAT ACTIVE EMPLOYEES PRESENTLY COVERED BY
THE PENSION FUND OF THE FIRE DEPARTMENT OF THE
CITY OF CLEARWATER, FLORIDA, MAY CHOOSE, WITHIN
ONE YEAR FROM THE DATE UPON W141CH THIS AMEND-
MENT BECOMES EFFECTIVE, TO TRANSFER INTO THE
EMPLOYEES PENSION PLAN FOLLOWING TRANSFER OF
SUCH EMPLOYEE'S CONTRIBUTIONS, THEIR PRO RATA
SHARE OF THE EMPLOYER'S CONTRIBUTION, INTEREST
EARNINGS ON BOTH AMOUNTS, AND UPON REMITTING
THE TOTAL AMOUNT RESULTING FROM THE DIFFERENCE
BETWEEN THE TOTAL AMOUNT SUCH EMPLOYEE ANNUALLY
CONTRIBUTED WHILE A MEMBER OF THE PENSION FUND
OF THE FIRE DEPARTMENT OF THE CITY OF CLEARWATER,
FLORIDA, AND THE AMOUNT SUCH EMPLOYEE WOULD
HAVE ANNUALLY CONTRIBUTED HAD SUCH EMPLOYEE
BEEN A MEMBER OF THE EMPLOYEES PENSION PLAN,
INCLUDING INTEREST ON SUCH TOTAL SUM; PROVIDING
FOR A REFERENDUM ELECTION RELATING TO SUCH
EMPLOYEES PENSION PLAN AMENDMENT; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT; PRO-
VIDING FOR PUBLICATION OF NOTICE OF THE ELECTION;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE AFTER APPROVAL AT REFERENDUM.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA;
Section 1. That Section 26. 30 of Article III, Employees Pension
Fund (Ordinance No, 1$32) of the Code of Ordinances, City of Clearwater,
be and the same is hereby amended to read as follows;
Section 26. 30. Creation and coverage.
A pension fund is hereby created for employees of the City
of Clearwater who may, while employees of said City, become
incapacitated through injury or ill health, or who shall after a
number of years service be retired, and in case of their death
while in the service of the City of Clearwater for their dependents
as hereinafter" provided. Except as otherwise provided herein,
.T there shall be excepted herefrom all employees of the City of
Clearwater who are now members of, any other pension fund created
by the Legislature of the State of Florida or by the City Commission
of the City of Clearwater fox the city employees, and there shall also
be excepted herefrom all persons employed by the City of Clearwater
after 7anuary 1, 1945, who on the date of employment are forty-five
(45) years of age or older or who have failed to pass a comprehensive
physical exam, and by reason of such fact have not been recom-
mended for acceptance into the plan by the pension advisory
committee or approved by the trustees of the pension plan.
No employee shall be entitled to, receive more than one pension
as a result of employment with the City of Clearwater. Should
an employee retire from the City under the pension plan established
by this ordinance and be re-employed by the City, then upon
re-employment such employee shall not be eligible to participate
in the pension plan by'virtue of such re-employment.
Ordinance 2577-81 -1- 1-4-82
Section 2. That Section 26. 31 of Article 7I1, Employees Pension
Fund (Ordinance No. 1832) of the Code of Ordinances, City of Clearwater, be
and the same is hereby amended to read as follows:
Section 26. 31. Participation.
All permanent employees of the City of Clearwater shall be
required to pay the ass esements provided in this pension plan
and are required-to participate in the fund hereby created. The
trustees of this pension plan and fund shall have the right to
determine from time to time which employees are permanent
employees of the City of Clearwater; provided, however, that all
employees covered by. the civil service ordinance shall be considered
to be permanent employees for-the purposes of the pension plan.
All such employees participating in this plan shall receive credit
for the full time of their service as employees, provided such
service shall have been without interruption exceeding four (4)
months during any. period of twelve (12) months prior to the passage
of this ordinance, except in case of necessary absence due to illness
or service in the armed forces of the United States in time of war.
Any employee who by reason of appointment has become or may
become a city official shall in the same manner as any other
employee participate in the benefits provided by this pension plan.
Any active employee presently participating in the pension fund
of the fire department of the City of Clearwater, Florida, established
byr, Chapter 30658, Special Acts of Florida, 1955, as amended, ..
may choose, within one (1) year from the date upon which this
amendment becomes effective, to transfer into the Employees
Pension Plan and shall be considered as a member of such plan
following the transfer of such employee's contributions, their
pro rata share of the employer's contributions, transfer of interest
earnings on both amounts, and upon remitting the total sum resulting
from the difference between the amount each employee annually
contributed while a member of the i2ension fund of the fire department
of the Ei of,'Clearwater, Florida, and'the amount such employee
would have contributed each year had such employee been a member
of the Employees Pension Plan, including interest on such total
sure, and further shall be considered a member of the Employees
Pension Plan from their benefit artici ation date established by
the date of the earliest em2lo)Lee contribution to the pension fund
of the fire department of the Citj of Clearwater.
Section 3. (a) A referendum election for the purpose of voting on the
amendment to the Employees Pension Plan contained in Ordinance No. 2577-81
shall be conducted at the next general municipal election to be' conducted on
Tuesday, February 9, 1982.
(b) The question to appear on the referendum ballot at the next
. . general municipal election shall be as follows:
-2-
IS frdinance 2577-81. -- - 1-4-82
Shall active employees, members of The Pension Fund of
the Fire Department of the City of Clearwater, Florida, be
permitted to transfer into and become members of the
Employees Pension Plan, with a participation date following
transfer to be determined by the Trustees of the Plan, upon
transferring and paying the sums identified in Ordinance
No. 2577-81?
The electronic voting system shall be so arranged that the voter may vote
"Yes" or "No" with respect to such proposition.
Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 5. If a majority of the votes cast at such election in respect
to such proposition shall be "Yes'", such proposition shall be approved.
{ , Section 6. Electronic system ballots shall be used at such election
for absentee voting. The form of ballot to be used in the election for absentee
voters shall be in substantially the form provided in Section 3 above.
Section 7. This'ordinance shall be published at least one time by
the City Clerk as part of the notice of such referendum election, which notice
.f.
shall be headed "Notice of Referendum for Employees Pension Plan Amendment. "
Notice of the referendum election shall be published in a' daily newspaper in
general circulation in the City in the manner provided in Section 100. 342,
Florida Statutes.
Section S. This ordinance shall become effective immediately upon
its final passage, and the amendment to Section 26.30 of the Code of Ordinances,
City of Clearwater contained in Section 1 hereof and the amendment to Section
26.31 of the code of Ordinances, City of Clearwater, contained in Section 2
,M
voting.in a referendum on the issue at the next general municipal election
conducted in the City. of Clearwater, Florida, prior to its taking effect.
PASSED ON FIRST READING December 17, 1981,
PASSED ON-SECOND AND FINAL
: READING AND ADOPTED January 4, 1982
' a AS AMENDED
.. .. , ' Mayor-Commissioner
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NOTICE OF REFERENDUM FOR EMPLOYEES
PENSION PLAN AMENDMENT
CITY OF CLEARWATER, FLORIDA
MUNICIPAL REFERENDUM ELECTION
To be held on Tuesday, February 9, 1982, as
Provided by Ordinance No. 2577-81 of the City
of Clearwater.
Notice is hereby given that a municipal referendum election wzll be
held in the City of Clearwater, Florida, as part of *the regular general municipal
election on Tuesday, February 9, 1982, to determine whether Section 26. 31
of the Employees Pension Plan shall be amended to permit active employees
members of the pension fund of the Fire Department of the City of Clearwater,
Florida, try transfer and become members of the Employees Pension Plan at
a participation date to be determined by the Trustees of the Plan upon trans-
ferring and paying the sums identified in Ordinance No. 2577-81.
As required by Ordinance No. 2577-81, this Notice is given by
publishing the foregoing Ordinance No. 2577-81 in full, as follows;