9380-20ORDINANCE NO. 9380-20
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA;
AMENDING CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES
PENSION PLAN, TO RE-ESTABLISH A COST -OF -LIVING BENEFIT
FOR POLICE OFFICERS; AMENDING SECTION 2.421 OF THE CITY
CODE RELATING TO COST -OF -LIVING ADJUSTMENTS FOR POLICE
OFFICERS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater Employees' Pension Fund (the "Fund") contains
a cost -of -living adjustment for some retirees;
WHEREAS, members who are not eligible to retire as of January 1, 2013 are not
currently entitled to cost -of -living benefits for service on or after January 1, 2013.
WHEREAS, the Fund's actuary has studied the cost of resuming cost -of -living
benefits for police officers who are active members of the Fund on January 1, 2020.
WHEREAS, the proposed cost -of -living benefit for police officers would only be
paid after a five-year delay.
WHEREAS, the Board of Trustees of the City of Clearwater Employees' Pension
Fund has prepared this ordinance in consultation with labor and management.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA, THAT:
Section 1: Section 2.421(4) of the Code of Ordinances of the City of Clearwater is
hereby created to read as follows:
Section 2.421. Cost -of -living adjustment.
01 Resumption of COLA for police officers: Notwithstanding anything to the contrary,
retirement benefits for all police officers who are actively employed on or after January 1,
2020 shall be increased by an annual cost -of -living adjustment equal to one and one-
half percent (1.5% as set forth below, including cost -of -living benefits on service earned
from January 1, 2013 through January 1, 2020. The cost -of -living adjustment shall also
apply to beneficiaries and survivors of all police officers who are actively employed on or
after January 1, 2020. The cost-of-livinq shall be payable on each April 1, provided that
the eligible police retiree, their beneficiary or survivor, has received at least 60 months of
monthly benefits. This subsection is not intended to limit the rights of grandfathered police
officers who were eligible to retire prior to January 1, 2013, or the right to pro -rated cost -
of -living benefits on service earned prior to January 1, 2013.
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
Section 2: It is the intention of the City Council, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City Clearwater, that the sections of the Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 3: If any clause, section, or other part or application of this Ordinance shall be
held in any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and shall
not affect the validity of the remaining portions or applications which shall remain in full
force and effect.
Section 4: All ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 5: This Ordinance shall become effective immediately upon adoption, unless
otherwise provided.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Owen Kohler
Assistant City Attorney
FEB 2 0 2020
MAR 0 5 2020
geor 1c1Crtelcos
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
2 Ordinance 9380-20