9818-25 Docusign Envelope ID: F9CD631 C-CDC2-4D64-B5AC-509D1 C9E7935
ORDINANCE NO. 9818-25
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA;
AMENDING CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES'
PENSION PLAN, CREATING SECTION 2.429 PRIOR FIREFIGHTER
AND MILITARY SERVICE BUYBACKS; 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 is desirous of attracting and retaining employees to be
firefighters;
WHEREAS, Chapter 175, Florida Statutes permits firefighters to purchase prior
firefighter service;
WHEREAS, Chapter 175, Florida Statutes permits firefighters to purchase pre-
employment military service;
WHEREAS, the City and applicable labor union have agreed to a change in the
Plan for its members; and
WHEREAS, the Plan's actuary has studied the cost of this amendment; and
WHEREAS, the City has determined that the adoption of this Ordinance to be in
the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA, THAT:
Section 1: Section 2.429 of the Code of Ordinances of the City of Clearwater is hereby
created to read as follows:
Section 2.429. — Prior firefighter and military service buybacks
(1) Buyback of prior fire service. The years or fractional parts of years that a
member previously served as a firefighter for any other municipal, county or state fire
department in the State of Florida shall be added to his or her years of credited service
provided that:
(a) The member contributes to the fund an actuarially determined amount
so that the crediting of the purchased service does not result in any cost to
the fund plus payment of costs for all professional services rendered to the
board in connection with the purchase of years of credited service. A
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member who does not purchase years of credited service shall be
responsible for the payment of costs for all professional services rendered
to the board in connection with the purchase of years of credited service.
(b) Multiple requests to purchase credited service pursuant to this section
may be made at any time prior to retirement. A firefighter member may only
purchase prior firefighter service.
(c) Payment by the member of the required amount can be made by either
lump sum payment or equal biweekly installments. Payment by lump sum
shall be made within six months of the request for credit. Payment by
Payroll deductions shall be in equal biweekly installments for a period which
shall not exceed the number of years being purchased. A member making
installment payments shall be charged interest based on the actuarially
assumed rate of return at the time the purchase is made and shall complete
all required payments prior to payment of any benefit under this section.
(d) The maximum credit under this section for service other than with the
City of Clearwater when combined with credited service purchased
pursuant to section (2) military service prior to employment, shall be five
years of credited service and shall count for all pension purposes, except
vesting and eligibility for disability benefits off-duty.
(e) In no event, however, may credited service be purchased pursuant to
this section for prior service with any other municipal, county or state fire
department, if such prior service forms or will form the basis of a retirement
benefit or pension from another retirement system or plan.
(f) For purposes of determining credit for prior fire service as a firefighter as
provided for in this section, in addition to service as a firefighter in this state,
credit may be given for federal, other state, or county service if the firefighter
provides proof to the board that such service is equivalent to the service
required to meet the definition of a firefighter under section 2.412.
(2) Military service prior to employment. The years or fractional parts of years that
a firefighter serves or has served on active duty in the military service of the Armed Forces
of the United States, the United States Merchant Marine or the United States Coast
Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to
first and initial employment with the City of Clearwater Fire Department shall be added to
his or her years of credited service provided that:
(a) The member contributes to the fund an actuarially determined amount
so that the crediting of the purchased service does not result in any cost to
the fund plus payment of costs for all professional services rendered to the
board in connection with the purchase of years of credited service. A
member who does not purchase years of credited service shall be
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responsible for the payment of costs for all professional services rendered
to the board in connection with the purchase of years of credited service.
(b) Multiple requests to purchase credited service pursuant to this section
may be made at any time prior to retirement.
(c) Payment by the member of the required amount can be made by either
lump sum payment or equal biweekly installments. Payment by lump sum
shall be made within six months of the request for credit. Payment by
Payroll deductions shall be in equal biweekly installments for a period which
shall not exceed the number of years being purchased. A member making
installment payments shall be charged interest based on the actuarially
assumed rate of return at the time the purchase is made and shall complete
all required payments prior to payment of any benefit under this section.
(d) The maximum credit under this section when combined with credited
service purchased pursuant to section (1), buyback of prior fire service for
service other than with the City of Clearwater shall be five years.
(e) Credited service purchased pursuant to this section shall count for all
pension purposes, except vesting and eligibility for disability benefits off-
duty.
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.
Docusign Envelope ID: F9CD631 C-CDC2-4D64-B5AC-509D1 C9E7935
PASSED ON FIRST READING 2/20/2025
PASSED ON SECOND AND FINAL 3/06/2025
READING AND ADOPTED
Signed by:
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Bruce Rector
Mayor
Approved as to form: Attest: as
Signed by: L6-2&
cuSigned by:
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Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk