9634-22 DocuSign Envelope ID: F2299094-40DC-41 CD-8443-21 139C931 CD46
ORDINANCE NO. 9634-22
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CODE OF ORDINANCES CHAPTER 2, ARTICLE V,
DIVISION 3, EMPLOYEES' PENSION PLAN, TO RE-ESTABLISH A
COST-OF-LIVING BENEFIT FOR FIREFIGHTERS; AMENDING
SECTION 2.421 RELATING TO COST-OF-LIVING ADJUSTMENTS FOR
FIREFIGHTERS; 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 Plan (the "Plan") contains
a cost-of-living adjustment for some retirees;
WHEREAS, some 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 Plan's actuary has studied the cost of resuming cost-of-living
benefits for firefighters who are active members of the Plan on October 1, 2022;
WHEREAS, the proposed cost-of-living benefit for firefighters would only be paid
after a five-year delay;
WHEREAS, the City and IAFF recently negotiated to revise the Plan;
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(5) of the Code of Ordinances of the City of Clearwater is
hereby created to read as follows:
Section 2.421. Cost-of-living adjustment.
(5) Resumption of COLA for firefighters: Notwithstanding anything to the
contrary, retirement benefits for all firefighters who are actively employed
on or after October 1, 2022 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 October 1, 2022. The cost-of-living adjustment shall also apply to
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DocuSign Envelope ID: F2299094-40DC-41 CD-8443-21 B9C931 CD46
beneficiaries and survivors of all firefighters who are actively employed on
or after October 1, 2022. The cost-of-living shall be payable on each April
1, provided that the eligible firefighter 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 firefighters 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, or the right to pro-rated cost-of-
living benefits on service earned prior to January 1, 2013.
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.
October 20, 2022
PASSED ON FIRST READING
November 3, 2022
PASSED ON SECOND AND FINAL
READING AND ADOPTED
F
ocuSigned by:
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Frank Hibbard
Mayor
Approved as to form: Attest:
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DocuSign Envelope ID: F2299094-40DC-41 CD-8443-21 B9C931 CD46
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LDocuSigned by: DocuSigned by:
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Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
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