9620-22 DocuSign Envelope ID:7060F762-2ABB-4739-99F2-DE26DA20F7A1
ORDINANCE NO. 9620-22
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE V,
DIVISION 3, EMPLOYEES' PENSION PLAN, TO IMPLEMENT
NEGOTIATED BENEFITS FOR NON-HAZARDOUS EMPLOYEES;
AMENDING SECTION 2.412 TO REVISE THE DEFINITIONS OF
NORMAL RETIREMENT DATE AND VESTING; AMENDING SECTION
2.416 TO PROVIDE FOR FIVE YEAR VESTING AND A 2.5%
MULTIPLIER FOR SERVICE EARNED ON OR AFTER OCTOBER 1,
2022; AMENDING SECTION 2.419 TO PROVIDE FOR FIVE YEAR
VESTING; 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") governs
the payment of retirement benefits for City employees;
WHEREAS, the City, CWA, and FOP recently negotiated to revise the Plan for
non-hazardous duty employees;
WHEREAS, the Plan's actuary has studied the cost of this amendment;
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 2.412 of the Code of Ordinances of the City of Clearwater is hereby
amended as follows:
Section 2.412. Definitions.
Normal retirement date shall mean
(1) For non-hazardous duty employees hired prior to the effective date of this
restatement, the earlier of:
a. The date on which a participant has reached the age of 55 years and
completed 20 years of credited service, or
b. The date on which a participant has completed 30 years of credited
service regardless of age, or
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c. The date on which a participant has reached the age of 65 years and
completed ten years of credited service.
(2) For non-hazardous duty employees hired on or after the effective date of
this restatement, the earlier of:
a. The date on which a participant has reached the age of 60 years and
completed 25 years of credited service, or
b. The date on which a participant has reached the age of 65 years and
completed ten years of credited service.
Effective October 1, 2022, for non-hazardous duty employees, normal
retirement date shall mean the earlier of:
c. The date on which a participant has reached the age of 60 years and
completed 25 years of credited service, or
d. The date on which a participant has reached the age of 65 years and
completed five years of credited service.
(3) For hazardous duty employees, the date on which a participant has
completed 20 years of credited service, or reached the age of 55 years and
completed ten years of credited service, which service is of a character or type
of employment that is described herein as "hazardous duty" or that the trustees
have designated as hazardous duty.
(4) For this purpose, a participant's service shall be deemed
"hazardous duty" if the participant is a full-time sworn police officer certified in
accordance with F.S. § 943.1395, or a full-time sworn firefighter certified in
accordance with F.S. § 633.35, and he is employed in police or fire positions as
established by the employer.
Vesting shall mean the attainment of ten years of creditable service, at which time the
member is entitled to service retirement benefits and non-service disability under the
terms of the plan. Effective October 1, 2022, vesting for non-hazardous duty employees
shall mean the attainment of five (5) years of creditable service.
Section 2: Section 2.416 of the Code of Ordinances of the City of Clearwater is hereby
amended as follows:
Section 2.416. Normal retirement benefit.
(a) For non-hazardous duty employees hired prior to the effective date of this
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restatement, a member shall be eligible for retirement following the earlier of the date on
which a participant has reached the age of 55 years and completed 20 years of credited
service; the date on which a participant has reached the age of 65 years and completed
ten years of credited service; or the date on which a member has completed 30 years of
service regardless of age. For non-hazardous duty employees hired on or after the
effective date of this restatement, a member shall be eligible for retirement following the
earlier of the date on which a participant has reached the age of 60 years and completed
25 years of credited service; or the date on which a participant has reached the age of 65
years and completed ten years of credited service. Effective October 1, 2022, vesting for
non-hazardous duty employees shall mean the attainment of five (5) years of creditable
service.
For hazardous duty employees, a member shall be eligible for retirement following
the earlier of the date on which the participant has completed 20 years of credited service
regardless of age, which service is of a character or type of employment that is described
herein as "hazardous duty" or that the trustees have designated as hazardous duty; or
the date on which the participant has reached the age of 55 years and completed ten
years of credited service, which service is of a character or type of employment that is
described herein as "hazardous duty" or that the trustees have designated as hazardous
duty.
(b) For non-hazardous duty employees hired prior to the effective date of this
restatement, the normal retirement benefit shall be determined by multiplying two and
three quarter percent of final average monthly compensation by the number of years of
credited service. For non-hazardous duty employees hired on or after the effective date
of this restatement, the normal retirement benefit for all credited service shall be
determined by multiplying two percent of final average monthly compensation by the
number of years of credited service. Effective October 1, 2022 for non-hazardous duty
employees, the normal retirement benefit multiplier for all credited service earned after
October 1, 2022 shall be two and one half percent (2.5%). For hazardous duty employees,
the normal retirement benefit for all credited service, which service is of a character or
type of employment that is described herein as "hazardous duty" or that the trustees have
designated as hazardous duty, shall be determined by multiplying two and three quarter
percent of final average monthly compensation by the number of years of credited
service.
Section I Section 2.419 of the Code of Ordinances of the City of Clearwater is hereby
amended as follows-
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Section 2.419. Termination of employment benefit.
(1) In the event a participant's employment with his employer is terminated for reasons
other than retirement, disability or death, such participant shall be entitled to
receive a termination of employment benefit that is equal to the participant's vested
interest in his accrued benefit as of the date of his termination of employment.
(2) a. A participant's vested interest in his accrued benefit shall be the following
percentage of his accrued benefit, based upon such participant's full years of
credited service as of the date of his termination of employment:
TOTAL NUMBER OF FULL YEARS VESTED
OF CREDITED SERVICE FOR HAZARDOUS DUTY INTEREST
EMPLOYEES
Less than 10 Years of Credited Service 0%
10 years or more 100%
TOTAL NUMBER OF FULL YEARS VESTED
OF CREDITED SERVICE FOR NON-HAZARDOUS DUTY INTEREST
EMPLOYEES
Less than 5 Years of Credited Service 0%
5 years or more 100%
Section 4: 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 5: 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 6: All ordinances or parts of ordinances, resolutions, or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
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Section 7: This Ordinance shall become effective immediately upon adoption, unless
otherwise provided.
November 3, 2022
PASSED ON FIRST READING
November 17, 2022
PASSED ON SECOND AND FINAL
READING AND ADOPTED
DacuSigned by:
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Frank Hibbard
Mayor
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Approved as to form: Attest:
DocuSignedhy;
uSigned by: EE � ��ttn�n�N��P.W1.G/�A,C� L.CG1'X.
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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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