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ORDINANCE NO. 1832
..r,.sf CITY CI-ERK
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AN ORDINANCE OF THE CITY 6F CLEARWATER, FLORIDA,
AMENDING CHAPTER 23214, SPECIAL LAWS OF FLORIDA,
1945, AS AMENDED, TO CREATE A PENSION FUND FOR
EMPLOYEES OF THE CITY OF CLEARWATER AND TO
PROVIDE COVERAGE THEREOF; TO REQUIRE PARTICI-
PATION AND TO SET FORTH THE RULES THEREFOR; TO
SET FORTH THE PROVISION FOR THE MONIES COMPRISING
THE FUND; TO SET FORTH THE RULES AND REGULATIONS
FOR ADMINISTERING THE FUND; TO PROVIDE FOR PENSION
BENEFITS AFTER TWENTY YEARS SERVICE, FOR PERMANENT
INCAPACITATION, AND FOR DEATH; TO PROVIDE FOR INCREASED
BENEFITS FOR EACH CHILD; TO PROVIDE MINIMUM PENSION
BENEFITS; TO PROVIDE THAT THIS ORDINANCE SHALL NOT
REDUCE OR ABRIDGE VESTED RIGHTS OF PERSONS ALREADY
RECEIVING PENSION BENEFITS; TO SET FORTH REGULATIONS
FOR RETURN OF CONTRIBUTIONS; TO PROVIDE THAT PENSION
FUNDS ARE NONASSIGNABLE AND EXEMPT FROM PROCESS;
TO PROVIDE FOR FORFEITURE UPON CONVICTION OF FELONY;
TO PROVIDE DISABILITY PENSION QUALIFICATIONS; TO
PROVIDE THAT NOTHING HEREIN CONTAINED SHALL ALTER
OR AFFECT ANY OF THE RIGHTS OR LIABILITIES OF ANY
EMPLOYEE OF THE CITY OF CLEARWATER UNDER ANY
OTHER PENSION PLAN NOW IN EFFECT; TO PROVIDE CERTAIN
WORKMEN'S COMPENSATION EXCLUSIONS; TO SET OUT THE
PENSION RIGHTS OF MEMBERS OF THE ARMED FORCES AND
TO PROVIDE. FOR THEIR RIGHTS IN CASE OF RESIGNATION;
TO PROVIDE THAT THERE SHALL BE NO PENSION PAYMENT
UNLESS SUFFICIENT FUNDS ARE ON DEPOSIT; TO PROVIDE
VESTING OF PENSION RIGI4TS AFTER TEN YEARS; TO PROVIDE
FOR THE AMENDMENT OF THE PENSION PLAN; PROVIDING
FOR A REFERENDUM ELECTION RELATING TO THE PENSION
PLAN; TO PROVIDE FOR THE SEPARABILITY OF THE PRO-
VISIONS HEREOF; TO PROVIDE FOR PROPER NOTICE OF
PROPOSED ENACTMENT; AND TO PROVIDE 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. Chapter' 23214, Special Laws of Florida, 1945, as amended,
is hereby amended to read as follows:
Section 2-44. 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. 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 for the city
employees, and there shall also be excepted herefrom all persons
employed by the City of Clearwater after January 1, 1945, who
on the date of employment are forty-five (45) years of age or older or who.
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?eaiir?J,4kw•.i6?...:?k?«.+i.:l??w-r4+,°,iaJ.Lw? - have failed to pass a comprehensive physical exam and by
reason of such fact have not been recommended 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.
Section Z-45. Participation.
All permanent employees of the City of Clearwater shall be
required to pay the assessments 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.
Section. 2-46. Monies comprising the fund.
The pension fund shall consist of monies derived as follows:
Six per cant (6%) of all salaries or wages of all employees
participating in this fund shall be contributed by said employees
and six per cent (6%) of all salaries or wages of all employees
participating in this fund shall be contributed by the city, together
with an additional amount necessary to fund over a forty (40) year
period the net actuarial deficiency (net past service liability) as
determined by the actuary employed by the trustees of the pension ,
fund, and said sum ahall be set up in the current budget each year
hereafter beginning with the fiscal year starting October 1, 1977,
y together with such additional sums as may be necessary to administer
this fund, which two-latter amounts shall be designated by the trustees
hereinafter mentioned and certified to the city commission each year
hereafter, and the city commission shall thereupon place said amounts
so designated in the budget for the succeeding year and levy a tax therefor.
Should it be found necessary in the discretion of the trustees hereinafter
4 named, at anytime after the passage of this ordinance, to increase
the amount of the foregoing contributions from the salaries or wages
of all employees participating iu this fund in order to properly
7 administer the fund, the trustees are hereby authorized to require
all of the employees participating in the fund to contribute an amount
i thereto not to exceed an additional two per cent (2%) of their current
salaries* or wages and such trustees are hereby further authorized and
directed to certify to the city commission the necessity for a like
additional appropriation on the part of the city, together with.such
additional sums as may be necessary to administer this fund after such
increased contributions out of the salaries or wages of said employees,
as hereinbefore provided, and the city commission is hereby required is
ouch event to place said amounts in said yearly budgets and to levy
a tax therefor.
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.On or before the first regularly scheduled City Commission meeting
in June of each year hereafter beginning with the first such meeting
in June of 1977, the trustees shall hold an annual meeting and the
treasurer shall submit an annual report to the trustees at the meeting.
At the meeting the trustees shall establish and designate the amount
of the municipality's contribution for the ensuing year and shall
establish and designate additional contributions to be made by the
employees and the city. There shall be also'an annual independent
certified audit of the pension.
Section 2-47. Pension fund administration.
The administration of this fund shall be provided by the trustees
of the pension fund. The members of the city commission shall
be the trustees of the pension fund. The term of office of each
trustee shall be two years. Terms of office shall overlap with
three of the trustees to be installed one year and the additional two
trustees to be installed the following year. Installation of trustees
sha.11 occur at the first regular Commission meeting held in March
following the general municipal elections. The trustees shall have
power to provide reasonable rules and regulations for their functioning.
The treasurer of the City of Clearwater shall be the treasurer for
the trustees and shall give such bond as may be prescribed by the
trustees. The board of trustees may:
(1) Invest and reinvest the assets of the municipal employees'
pension fund in annuity (including group annuity contracts of
the pension investment type) and life insurance contracts of
legal.reserve life insurance companies licensed to do business
in the State of Florida, in amounts sufficient to provide, in
whole or in part,' benefits to which all of the participants is the
municipal employees' pension fund sha11 be or become entitled
under the provisions of this ordinance, and pay the initial and
subsequent premiums thereon.
(Z) Invest and reinvest the assets of the municipal employees'
pension fund in:
(a) Time or savings accounts of a national bank, a state bank
insured by the federal deposit insurance corporation, or
a savings, building and loan association insured by the
federal savings and loan insurance corporation.
J (b) Obligations of the United States Treasury and agencies
!i allied with or related to the United States Treasury.
(c) County bonds containing a pledge of the full faith and credit
of the county involved, bonds of the Florida development
commission, or of any other state agency, which have been
approved as to legal and fiscal sufficiency by the state board
' of administration.
(d) Obligations of any municipal authority issued pursuant to the
laws of this state; provided, however, that for each of the five
(a) years next preceding the date of investment the income of
such authority available for fixed charges, shall have been not
'less than one and one half (11) times its average annual fined
charge requirements over the life -of its obligations.
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(e) Common stocks, preferred stocks and bonds and other evidences
of indebtedness issued or guaranteed by z corporation organized
under the laws of the United States, any state, or organized
territory of the United States or the District of Columbia or
any corporation international in character engaged in international
business and trade, provided:
I. The corporation is listed on any one or more of the
recognized national stock exchanges;
ii. All corporate bonds shall carry a AA rating as
established either by Standard Sc Poor's or Moody's.
iii. The board of trustees shall not invest more than three
per cant (376) of its assets in the common-stock or
capital stock of any one issuing company nor shall the
aggregate investment on any one issuing company exceed
one per cent (1%) of the outstanding capital stock of that
company; nor shall the aggregate of its investments under
this paragraph at cost exceed fifty per cent (50016) of the
fund's assets.
(f) The trustees of this pension plan and all other persons occupying
a fiduciary position under this ordinance in the administration
of this ordinance and in investing and reinvesting assets of the
pension fund shall utilize and be governed by the prudent man
rule..
The trustees in the performance of their duties are authorized to
seek, obtain and engage independent profeAsional investment counsel
and advice and to pay reasonable charges for the service.
(g) There shall be a pension advisory committee composed of
three (3) employees, who shall be elected by a majority of
all city employees affected by this ordinance. The term of
office of each advisory committee member shall be two years.
Terms of office shall overlap with one of the members of
the pension advisory committee to be installed one year and two
of the members of the pension advisory committee to be installed
the following year. Not less than sixty (60) days before each
election, the advisory committee shall select and appoint a
committee composed of five (5) persons from the employees
affected by this ordinance to conduct the election. Where a
vacancy occurs in the committee it shall be filled by a majority
vote of all city employees affected by this ordinance. The
I pension advisory committee shall have authority to:
I
L Arrange for the necessary physician or physicians to pass
upon all medical examinations required under this. ordinance.
Such physician or physicians shall report in writing to the
committee their conclusions and recommendations. The
advisory committee shall prepare its recommendations and
i forward the same together with all medical reports of those
' employees not recommended for pension by the pension
committee.
ii. The committee shall in conjunction with the actuary investigate
and recommend to the trustees such mortality service and
• other tables as shall be deemed necessary for the operation
of this pension plan.
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Hi. The committee shall be responsible for preparing and distributing to the employees information relating to the plan.
iv. Make recommendations to the trustees for improvements or -
changes in the plan.
v. Receive all applications for pension benefits under this plan;
i the committee shall determine all facts which are necessary
r to establish the right of an applicant to benefits under this
ordinance. Upon request, the committee shall afford the right
! of a hearing with respect to any findings of fact or determination. `
' Such finding of fact or determination shall be forwarded to
the trustees in writing
vi. No pension or relief, shall be given to as ergon out of '1'>..,•»?'?"° z; .:;
the pension fund unless the same shall, first be recommended
f by the said advisory committee.
Section 2-48. Computation and determination of pension benefits.
Employees who have been in the continuous service of the city for a
period of twenty (20) years or more shall be at their request retired
on an annual pension which shall be two and one-half per cent' (Zeo) of'
i the average salary received by said employee for the last five (5) years
of his or her service multiplied by the number of years of service.
Employees who have been in the service of the city for ten (10) years
or more and whose pension, rights have vested as provided in Section
2-63 shall receive an annual pension which shall be two and one-half
per cent (ZI2 7o) of the employee's average salary for the last five (5)
years of service multiplied by the number of years of service. Employees
who become, in the opinion of the advisory,committee, pexrxianentiy
physically or mentally incapacitated to performs their duties, may retire
! after continuous service of the city for a period of ten (10) years or more,
provided that such retirement shall continue only as long as said physical
or mental incapacity e3dats. Provided that nothing in this ordinance. shall
be construed to permit the retirement of any employee prior to his, or
her fifty-fifth (55th) birthday, except for a permanent physical, or mental
j incapacity, or unless the employee has been engaged for twenty (20)
yk.ears or more in a character or type of employment which the trustees
consider hazardous. All employees affected by this ordinance shall be
t eligible to retire after thirty (30) years of continuous service regardless
of age. Employees who become incapacitated through injury received
or illness contracted in line of duty shall be entitled to benefits as
provided in Section Z-49.
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Section 2-49. Pension benefits--permanent incapacitation.
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Any employee who, in the opinion of the advisory committee, shall
become permanently inca.pacitated through injury suffered or Luness
contracted in the line of duty shall receive an annual pension which
s shall be two and one-half per cent (2J17a) of the average salary received
by the employee for the last five (5) years of service, multiplied by the
+ number of years of service, provided, however, that no such employee
shall receive a pension of less than seventy-five per cent (757o) of the
average salary received by such employee for the last five (5) years
i of service.,'
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Section 2-50. Pension benefits--death.
For a period of five (5) years after the death of any employee,
the widow or widower, or in case there is no widow or widower r':•,3
and there is a child or children under the age of eighteen (18)
dependent on the employee at the time of the employee's death,
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they such child or children, or in case there is no widow or widower, ? . , . t.';..; „,L ;;?:
no child or children, and there is a mother or father who is entirely
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dependent on the employee at the time of the employee's death, F r'.,'•
then the dependent mother or father shall be paid the full amount _s
of the pension which the employee would have received, and
thereafter the widow or widower, or the child or children, or
in case there is no widow or widower, no child or children, and : ":''•i;: `-K';i?_.? '*?`,fa
there is a mother or father who is entirely dependent on the
employee at the time of the employee's death, then the dependent
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mother or. father shall receive fifty per cent (50016) of the full
amount of the pension which the employee would have received;
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pro
vided, however, that all pa
yments to and all rights to payment
of any widow or widower, child or children, and dependent mother
or father shall cease immediately upon the death or remarriage
of the widow or widower, dependent mother or father, o.L upon
each child's reaching the age of eighteen (18) years. Any employee '
who is killed in the line of duty shall, for the purposes cf this
ordinance, be considered to be permanently incapacitated in the line
of duty, and the widow or widower, or child or children, or in r 'til y ?
case there is no widow or widower or child or children and there
is a mother or father who is entirely dependent on the employee at
the time of the employee's death, then the dependent mother or father
shall receive a pension as hereinbefore provided.
Section Z-51. Pension benefits --increase for each child.
Payments of all pensions to employees totally and permanently
disabled and to employees' widows and widowers shall be increased
by fifteen per cent (15%) of said pension, for each natural or legally
adopted child under the age of eighteen (18) years, living in the house-
hold of and dependent for support upon said employee or Employee's
widow or widower; provided, however, that additional payments for
children hereunder shall not exceed the amount of the original pension
to the employee or employee's widow or widower.
Section 2-52. Pension benefits--minimum.
The sum of seventy-five dollars ($75. 00) per month is hereby
established as the minimum pension hereunder and any employee
or employee's widow or widower entitled to a pension shall be
entitled to a pension of not less than, seventy-five dollars ($75. 00)
per month; provided, however, that a widow or widower receiving
fifty per cent (50%) of an employee's pension under Section 2-50
hereof, shall receive only the fifty per cent (50%) of said employee's
pension as therein set out, instead of the minimum pension of
seventy-five dollars ($75. 00) per month.
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Section Z-53. Effect of Sections ?2-50, 2-51 and 2-52.
This ordinance, specifically Sections 2-50, 2-51 and 2-52 shall
not operate to reduce or abridge vested rights of persons already
receiving pension benefits prior to the effective date of this ordinance
and in particular sections 2-50, 2-51 and 2-5Z.
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Section 2-54. Return of contributions.
Where any person employed by the City of Clearwater either at
the time the ordinance creating this pension plan and fund takes
effect or subsequent to the effective date of this ordinance shall
leave the employ of the city, then the total amount contributed
by such employee to the fund up to the time of resignation or
discharge shall be returned to the employee without interest.
Section 2-55. Pension funds--nonassignable and exempt from process.
Pensions granted under this ordinance shall not be assignable or
subject to any legal process.
Section 2-.56. Forfeiture upon conviction of felony,
Disability pension qualification.
' Any employee of the City of Clearwater participating in the pension
plan established by this ordinance who shall be convicted of a felony
during the time of employment with the city shall automatically forfeit
his or her right to participate in this pension plan, or receive a pension,
however, the employee may be reinstated in the pension plan at the
discretion of the Trustees. The pension forfeiture provided for herein
shall not apply where an employee has been convicted of a felony sub-
sequent to retirement from employment .with the city.
Any employee receiving a disability pension as provided for in this
ordinance ma,r not accept employment in an occupation or line of
work similar to the occupation or line of work which resulted in
the employee being placed on a 'disability pension.
Section 2-57. Effect on other pension plans.
Nothing herein contained shall be construed so as to abridge, alter
or in any way affect any of the rights or liabilities of any employee,
or employees, of the City of Clearwater under any other pension plan
in effect at the passage of this ordinance.
Section 2-58. Workmen's Compensation exclusion.
Except where an employee is receiving medical payments, no
{ employee shall receive any pension provided under this ordinance
while such employee is receiving benefits from the Workmen's
Compensation Act.
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Section 2-59. Pension rights of members of the armed forces.
All employees of the City of Clearwater who are now or shall in the
future be affected by any pension or relief ordinance of the. City of f
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Clearwater and who shall during any period be drafted or otherwise
taken into the armed forces of the United States during a time of
conflict and who shall be re-employed by said city within one hundred
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(140) days after termination of active service in said armed forces,
shall be entitled to all of the rights, privileges and benefits of said
' pension or relief act so affecting said employees; provided, however,
that during the. period of such military service said employees shall
not be required to make any contributions to said pension or relief act
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for death or disability suffered during the period of such military
service. In computing the,length of service of such employee as
an employee of the City of Clearwater in arriving at qualifications
and voluntary restirement as a city employee under said pension or
relief act, said employee shall be given full credit for said period
of military service to the same extent as if said employee had
continuously served as a city employee during said period of
military service.
Section Z-60. Pension benefits--resignation.
i
In the event that any such employee be not employed by the City
of Clearwater after the termination of his or her military service
as aforesaid, or in the event said employee may elect to resign as
an employee of the City of Clearwater after his or her service in
the military forces of the United States of America has been completed,
then and in that event said employee shall be entitled to a refund on
account of his or her prior contributions to said pension fund as
provided by lave.
Sectioa L-61. No pension payment.unless sufficient, funds.
No pension shall be paid out under this ordinance unless at the
time of such paynr ent there are sufficient funds an deposit to the
credit of the pension fund to meet such payments. In, the event that the
size of the pension fund does not permit pensions to be paid in the
full amount as provided by this ordinance, then the trustees of the
pension fund shall increase contributions by the city proportionately
to the point where payment of pensions shall be in full amount;
provided, however, that the trustees shall not increase the amount
of contributions by the city paid under this ordinance unless and
until they have required contributions from the, salaries or wages
of employees is the full amount permitted by this ordinance.
Section 2-62. Amendment of pension plan.
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The City Commission shall have continuous power to amend this
ordinance; however, no such amendment shall become effective
until and unless it is ratified by a majority of the qualified electors
of the city voting either in a general election or in a special election
called and held for the purpose of ratification or rejection of the
amendment.
Section 2-63. The vesting of pension rights.
Except in the case of death, a standard retirement, and conviction
of a felony during the time of emrployment, should an employee cease
to be an employee of the City of Clearwater after completing text (10)
or more years of creditable service, then such employee shall acquire
a vested interest in the retirement benefits provided by this pension
plan. Eligibility for and payment of such benefits shall be determined
in the manner provided in Section 2,48.
Any employee acquiring the vested right provided herein shall retain
the right to obtain the return, of contributions made as provided in
Section 2-54. Upon exercising the option provided in Section 2-540
such employee shall forfeit the vested right provided herein.
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Section 2. If any provision of this ordinance or of any policy, or
order thereunder of the application of such provision to any person or
circumstances shall be held invalid, the remainder of this ordinance and
the application of such provision of this ordinance or of such policy, or order
to persons or circumstances other than those to which it is held invalid
shall not be affected thereby.
Section 3.. 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 4. (a) A special election for the purpose of voting on the
amendments to the Pension Plan as set forth in thip Ordinance shall be
conducted on the second Tuesday in December, 1978.
(b) The questions to appear on the referendum ballot shall be
as followst
Shall the amendments to Chapter 23214, Special
Laws of Florida, 1945, as amended, as contained
in Sections 2-44, 2-45, 2-47, 2-49, 2-50, 2-51,
2-52, 2-53, 2-54, 2..55, 2-56, 2-57, 2-58, 2-59,
2-60, 2-61, 2-62 and 2-63 of Ordinance No. 1832
relating to employee pension qualification; vesting of
employee pension rights; total return of employee
contributions; pension benefits for children of deceased
employees; trustees to administer pension plan; broad-
ening investment authority of trustees; an employee
pension advisory committee; forfeiture of pension;
workmen's compensation exclusion; pension rights of
members of armed forces; requiring funds be on deposit
prior to payment of pension; protecting rights of employees
under any other pension plan; providing increased benefits
of not less than 750/6 average salary for on the job disability;
and a referendum requirement on all future changes beyond
Ordinance No. 1832 be approved?
FOR AGAINST
Shall the amendments to Chapter 23214, Special
Laws of Florida, 1945, as amended, as contained in
Sections 2-46 and 2-48 of Ordinance No. 1832 relating
to providing increased pension benefits for municipal
employees by increasing employee contributions from
six per cent (6%) to eight per cent (81o) of salary;
increasing the municipality's contribution; and providing
for an increase in the pension benefit formula from 2
per cent to 2.5 per cent times number of years served
be approved?
FOR AGAINST
Ora. T83
-9-
10/5/78
E;
I
k
k
i
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I .
Section S. The funds contained in or authorized by the pension fund
created by Chapter 23214, Special Laws of Florida, 1945, shall be applied
in furtherance of the contributions and disbursements authorized pursuant
to this Ord[neince and in furtherance of any of the remaining provisions of
Chapter 23214, Special Laws of Florida, 1945, not inconsistent or in conflict
with the provisions contained in this Ordinance which have become ordinances,
and the rights, duties and obligations provided in this Ordinance shall apply
to any funds subject to the provisions of this Ordinance, provided, however,
that the preconditions set forth In Section 7 relating to this Ordinance
becoming effective have been complied with.
Section 6. All provisions of Chapter 23214, Special Laws of Florida,
1945, as amended, which are not inconsistent or in conflict with the provisions
contained in this Ordinance shall become ordinances subject to modification
or repeal in the manner provided by this Ordinance.
Section 7. This Ordinance shall become effective immediately upon
its final passage and adoption and if such amended Pension Plan is approved
by a majority of the electors voting in a referendum on the issue at a valid
spacial election called for such purpose as provided herein to be conducted
in the City of Clearwater, Florida, and upon the filing of this Ordinance
with the Secretary of State to the extent either in whole or in part that it
is approved.
PASSED ON FIRST READING September 21, 1976
Witness my hand and the seal, of the Secretary of State on Decem er , 1978*
of the City of,Clearwater this. Copy of notification from Secretary of State
17th day of•January,:'1.979. filed with Commission minutes dated December
--' 13, 1978.
-10-
City e.r
ord. ?..18 3 2 --?1?0 / 5 /-7.8
PASSED ON SECOND AND FINAL
READING AND ADOPTED October 5, 1978
' AS AMENDED
f?
I
/OOA/,*- 4040?-
Attest; f Mayoommissioner
?,c
City Clerk
I, Lucille Williams, duly appointed City
Clerk of the City of Clearwater, Florida,
hereby certify that a copy of the foregoing
Ordinance No. 1832, approved by the elecorat•e
on December 12, 1978, was filed in the office
b 18
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Notice Ot Passage '
, Of Ordinances ..'i
1
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'
ORDINANCE NO. 1825,
AN ORDINANCE RL'PtWNa OUMANCC NO. IM IN
IIS P.NTIRIM. VACATDIO A CERTAIN AL T IN
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'
COACHMAN FOORM ><ABDIYISION REAVA PVM '
LA'A O01M FLORIDA: PROVIDING ?OR PROPEII NO.
TICi.Or PROP06ED tNACI11LN1: Am PROVIDING. ,
? s?rlvz DATt of THIS oRDlriArNCt. „ _
4 r?? n}7,tt'S{_;a<t' GRDRtAtIC; N0. ttll .. .. ',1., l' iS ?
F ,,
3
TAnL4311'Lr3 ?.U U&. N rKUVIUaL run A KRAPAM •. -!
OFFIcca, TO = FORtH ROI ITICAL AclIi1I mg PR4' '
lrDr't1iDr+•70':- ESTAELLSII % tITIL WwL ' ACTS.. Pro.
irnllt><Dt:•TO PROYIDC'PRIALTIES POR VlaN.tlr16N'
BF?ICDF{ To rROYmL FUR Tm STATW Or PRLSiTR .
iI?LOYt>E6: • PROVIDING -"ft 'A • RCIICRENDINI % +'•+
=ZCrlQNAVATMTOTID;QMURVICCHY6T'Cl. '4
10 Pimm rm-Tw SEPARABU m Or'-im I'm
(Vil HR UW;.'TO PRDVMQ FOR PROPER NOTiLTi: .
FYOPO0 op.. aIAmmr} AMJJJ PROV= FOR
iTft ZFFNIlTVL'DATZ Or TIUS.ORDINAMM ArT11 I
:APPIiaYAL','Af:ArJLiICIDU!!.:'' •' i:'';'•u:.'.":':?
Y PASSED FIRST REAOU,Ia, 7::Il:L• ,
F^PA 'W 'SUM AND rIHAL RtA IMN AND
ADOPTED. OmAw 16 IM
+,'•..'•ORD4iJllKl'M0.1tti1.'. •'11 :ti,- 1+,, .,?;
tLAN O7:2i RDINANCE Or THE CITY Or CLEARRATM '
7IARIDA: A1od= A CHAPTER =t SPWPL LAII1 ' • t
,UF'3UAMA. I%% AS AAWNDED, TO CRUM A PV&
'AM rLI ND FM 510U MM Of nM CITY Or CIilAR.
XATER AM TO Pf OMW COVERAGE TNERCOP. TO
IRf11UlRC•PARTTCWATION'AND 79 SSr iORTH TNC
RUI?S,TI{?FJ 0R; 7O b8r FORTH TM PROVMON
rOR T1lL h1pIRl? 00ItPRtE:Na .TER FUND; S6 M
i a IFU 8 TAO PRROOMI: FOR PPENSIOf?DF?
wm Arm TwEmbv •YCAM SERVICE. FOR PM
jSa6ff' INPWACUATTOH, AND FOR DEATH: To PRO.
VIDE'F'011 I17CRFJlSED E>3'lErIZS F'OR FLA(3i CNIW: •.
.T1I PIIOYIDt11DDI1VIi PFJ13Ta" >lF1t[1 TIF: TO PR4'
V=.=AT = OHWNANCE MAID. IIOT RI:DUCC OR
ASBIOGC VE0M RIGHTii OF PQt90N7 Y R&
COMO PlM7lOH 1rE iEFITSt W Stir FORTI R=U•
LATIONS'FM RtWM OF 0WtR:BUTION3'•TO.PRO-
'YD a MAT, P:> mom nm a ARl,+ IIONwXNASLC
AND, UEMn n0f FROCM; TO PRaYIDC FOR'
FORFEIT= UPON OOM %MaN Or rCLONY: TO PM
. VIDE DISARDM PENSION 4U9MVATIOt45: TO "0. i
VIDR THAT NOTHING HIUMN cmrAUNED SHALL Al,
!
TEH OR AFFECT ANY OF THE RIGHT) OR I.IABILnIIE
OF ANY M&LOYF,C Or THE CITY OF CL£ARWATER .
UNDER ANY MUZ PENSION FLAN ROW [N EFFFGT; r
TO PROVIDE CERTAIN MOFUC MS 006iPENSATION
>wYLLI 5t01S; TO So OTT. TIII PETLSION BIOIi f S OF
11FJIItlt?fl7 r11. "M ¦PUM MOP" .u tin Isis- l
t•
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MF7NT VIYIA:tl taIFFICgrifi' rU1NDE ARE ON DEPOSIT: .,
COrPROViaC YF>3T09tI OF FEIL`ti40N RIGHTS AF'I1rR j
iCl YEARa; 7O PIWVIDt FOR THE AIG?1 WAm OF
THE PENSION PLAN: PROVIDING FOR AUEREMXN •..+
Cil=Ti0N=ATMTOTREPMCftFL4N:TOPRO• •'
ME MR THE SEPARABILITY. OP. THE PROVISIONS
HIMMf: TO PROVMC FOR PROPER NOTICE OF PRO- y
POM ZMALTMIT: AND TO PROVIDE FOR THE Er•
rECTIVE DATE OF THIS ORAIHANCr. Arlin Ar. .t
PROVAL Ar RS!II'!>TigllNRrl.
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>uAjLti-n ?y AMtt 5 uN ?? user ?r rroposed
Y 'T!, Published Doily
. ... Cla.rr„W. pbtallaa County, FIortda Enactment Of Ordinances`
"}` ' i' - ? •?'a'BnP +-.mA Cleariaater City Com71M' o Meetl October-' '197n
` ., `tai, ' ?, , :;• UNTfOrPUMULAS: '
t,{ . r ? beginning at 9:90 A.M. Commission Mee fig Room, City Hall.
l?.: ¢' S.f;n 1ha aaitai6o.d aatLoriq paewall1 aIAeared ftokannrie 7abkr, Mrho on wtb wr To consider adoption or Ordin4nce Nos, IWO, 183I and 18x7,
'.:•; cI 1ha1 she l ., .
4
f` yr 1i;?! X11 ?5. Iwal Chlrk lol tie E]narwatte3ss, a dally M*+i'aPw pabhbrd al Claarratsr h, Phtellas Coaaty titles as follows: 7- 7
?'i AN ORDINANCE AMENDING !THE CITY CHARTER:
` ;.
,• f f ;{t? ?> t ehac tha au'ae W 7 of ei.earl.ar,..1, being a .....................................
s":tr r tifi?u otice of Pro osed Enactment aE Ordina CHAPTER 9710, SPECIALLAWS.OF FLORIDA, 1923, AS Y • • • • • • . P . • . .............................ri6 ..cc.r of AMENDED, TO PROVIDE FOR THIS` EXISTENCE OF THE J': ; : ?• ,;°'a r ?,;,
3 sf-?1,? , Ord. 1830
18 31 18 3 2 ' CITY OF CLEARWATER. FOR THE FORM OF GOVERN-
`'.t ,. 4 r. • ............... ...
. .. J ............................,................... MENT, FOR THE DISTRIBUTION OF POWERS, FOR.TH ''':';'F.i' u`{jls?:?? 5" b`•~,''4j 'I '?6t i
i.''^iTr,R:s•Y :. i1`t to pry, ''?a • a :.',; ! °'' 7 J" r-.? t•,r''
.•.•.•:.•... TERMS OF ELECTED OFFICERS AND THEIR MANNER : ?'r ?. •`fc,*•? ALI
"13' '
'OF ELECTION PROVIDING. FOR 'A REFERENDUM
r.?.?„rrc.wr?.•... ..............:........ 3{X}CX}t...
0, ,.n PA ....................... e, waspehti.bedh< ELECTION'REWTLNG TO SUCH CHARTER; TO, PRO, =,:y ,..r•.1•? y+r:+':?: ?s{?r;,'.?,t t.??$_ ? 1
a+* del,.eMMrsetal$AR r.. ?,?>.,a.?7.$ ................... VIDE FOR THE SEPARABILITY OF-THE PROVISIONS' ;
rt.; +5' i'fir k >:, HE'JtEOF• TO PROVIDE. FOR PRO s.:., ,i, •.u , s""niik?,. ! If,
S ' ,{ . PER NOTICE•OE' PRO-
'tPOSED'ENACrMENT;'AND TO PROVIDE FOR THE EF-
• . . . . . . . .
• _ .
.............................•.• f iN la'-'. J+'s, Y +•a>_•
FECTIVE
..... DATE OF THIS ORDINANCE AFTER
..............................
k, a
t ;??Tir'r?•?:It e?- `-x.PROVALAT REFERENDUM. - cE•}'i •, ;.:.;•:':p?? :'f`t;u•'?' ?,??.,,i'?x,,;'ta;f' ?;'
faaher r t hat the saki C6uvnl? .(' . r' l• ?. .:1, y +! ` 'it l••' f "
t
Saa It a new
?P? pohUdied at Clar,rat.r, to mid
ty, AN ORDINANCE OF THE CITY OF.• CLEARWATER; ?ra3ar4 •? 3
''
that has herntofor. be. d....dy publz.lled In -W 'FLORIDA, AMENDING CHAPTER 21153. SPECIAL.LAWS fAt-k `
rkrida, Melt day and ham hew eatased as ecsond ria?r map starter ac the P°st orrice is OF FLORIDA ' ;r r r r ,
"ter? ht-WPiaoA-, 1941.' AS AMENDED.,TO ESTABLISH A t s
?? k,y:.•. .d' C--1Y, gtarida,, for i Period of ooe )e*r naal pre4ediaR tba ti.'st n
attached eTy of adees•d.roeatt and a lent lrrth.r my. that slVr bas neither paid as ` SYSTEM OF CIVIL SERVICE ADMINISTRATION; TO DE,-, ° , ,'? "•?' =` ??,
P-6-d FINE CAREER CIVIL. SERVICE; TO ESTABLISH, A' PER-,
fins as eaapa•ad- any d6co.at, rebate' eonw$riou er retud fa'r tbo pwrpmw of soe.eiad SONNET:, DEPARTMENT' AND ESTABLISH 1T5. DUTIES;' ' '
tgrP?iiratf°`fa uawgwper. r
c t 7 „ ??• ? 'I'0`ESTABLISH CIVIL SERVICE BOARD AND.PROVIDE '•
FORTHE ,APPO ,
: ,.?? , : • ? ,• . IIV'TMENT OF ITS MEMBERS. AND. ES.; _
ETABLISH 11'S DUTIES, .ti
...........:...... . s OF'F'ICE • TO SET' FORTH POLITICAL ACTIVITIES P O -
-:
r?`s~# S?' •.1 " t.aals.lwortberd ;HIBITED :TO ESTABLISH' UNLAWFUL' ACTS PR ;
h4,;GM one a-':: I
r- :WHITED; ' TO PROVIDE. PENALTIES FOR VIOLI?TION'
;, •1` f' ' t:Yt a 2 6th e? ..... • 7 890TAKY FMIC, STATE At naziu< M UK HEREOF; TO PROVIDE FOR S OF?RES
Cr?, '? y t' , .. T 60Ns11131 " V. ".It! MAY I1. II -17, :.. 'f' •., -H. %(
?+ st . Ito oto r..w utucu ,M/. ternlT EMPLOYEES.:Irr.
PTROVIDIPIGi REFERENDUM V
_ ............ p ............. u.ao..... =CTION,RELA ING TO THE,CIVIL SERVICE SYSTEM; ,
'x' a A? 'TO I?ROVHIE FOR. THE' SEPARABILITY: OF THE' PRO ?•
:V41ONS HEREOF;. TO -PROVIDE FOR PROPER NOTICE `
0F
? r y y • , 1 • '-PROPOSED:ENACTMENT; AND TQ•'.PROVIDE FOR:
THE, EFFECTIVE DATE OF THIS. ORDINANCE; An
'APPROVAL AT REFERENDUM EA.: s`
CON "AN' ORDINANCE. OF THE,' CITy*,OF; CLEARWATER e n
T''I.ORIDA.-AMENDING CHAPTER 23214, SPECIAL
°LAWS
?L=r OF FLORIDA; 1945; AS/AMENDED, TO CREATE A' PFN•.,. Y
t ` 'SIGN FUND FOR EMPLOYEES OF THE CITY OF CLEAR-'•
?? ? r• ? bra '
+VPATER AND TO' PROVIDE COVERAGE THEREOF; TO-Ii"
'
u-
?. ? ?=}•+ ? 't REQUIRE PARTICIPATION AND'.TO SET FORT}["THE: q'
?' y
°t:: ``'ti , 3 ' ? • RULES THEREFOR; TO, SET. FORTH'.:THE'PROVI ION i s
FOItjTHE. MONIES COMPRISING THE FUND; -TO. SET
'? €i •t,"` . r. ' ?,' FORTH THE RULES AND REGULATIONS FOR ADMINIS-
lj ?t . IMRING THEFUND; •TO PROVIDE FOR PENSION BENE-,
AFTER' TWENTY- YEARS SERVICE; • FOR'; PER:'
NENT• INCAPACITATION, AND FOR DEATH; TO PRO-i t s f
AIDE FOR'•INCREASED BENEFITS FOR EACH GH1LD
TO PROVIDE MINIMUM
.PENSION' BENEFITS; TO PRO-
:- VID,E THAT:THIS ORDINANCE SHALL NOT REDUCE' OR
: ` ABRII GENESTED.RIGHTS OF PERSONSALREADY RE-, ??; •` ,'
CEIVING' PENSION BENEFITS." TO SET FORTH REGU-
LATIONS FOR-RETURN OF CONTRIBUTIONS. TO PRO=s
• ? ? ? ,?? I,yIDE °THAT PENSION • FUNDS. ARE NONASSIGNAHLE ;?,..r,?is ?;??;' , ,• ,
ANI3 'EXEMPT FROM PROCESS; ..TO PROVIDZa FOR. bsf ; a ? = r'
A K 'F'ORFEITURE UPON CONVICTION OF FELONY; TO PRO, ';tYis`'?. is
VIDE' DISABILITY PENSION, QUALIFICATIONS; TO PRO-,
AIDE'THAT;NUMING'HEREIN CONTAINED SKALL'AG.
TEFL OR AFFELT ANY, OF THE RIGHTS OR LIABILITIES t.,.. tr
,OFANY._EMPLOYEE -OF THE, CITY OF CLEARWATER v,
.UNDER ANY OTHER PENSION'PLAN NOW IN EFFECT; ,
a ' 1`O-PROVIDE CERTAIN WORKMEN'S COMPENSATION
EXCLUSIONS; TO SET. OUT THE PENSION RIGHTS OF s
'MEMBERS OF THE ARMED: FORCES AND TO PROVIDE 7 t ?,':7
FOR THEIR RIGHTS SIN CASE 'OF RESIGNATION; TO ;
PROVIDE THAT, THERE.- SHALL BE NO PENSION' PAY " S;
MINT UNLESS SUFFICIENT FUNDS .ARE:ON DEPOSIT; F
TO:PROVIDE'cVESTING OF?-PENSION .RIGHTS AFTER' t4
'I°WYEARS-, TO PROVIDE' FOR THE AMENDMENT OF
M. PENSION -PLAN: PROVIDING FOR A,REFEREN•'
IDUM.ELEC'TION RELATLNG TO THE PENSION PLAN; TO s A'
'PROVIDE- FOR THE 'SEPARABILITY OF THE' PRO,' a
_ NSHEREOF; TO PROVIDE FOR PROPER NOTICE'
F' PROPOSED' ENACTMENT; : AND TO PROVIDE FOR',
EFFECTIVE DATE OF THIS ORDINANCE, AFTER
ROYAL AT. REFERENDUM: , • r +j r , = •r.e .t:.
> ORiu nmy be PmsentI to ? )abn the OrdinanCl3 &li¢/0r,
i" r•Id?penk them aloe ; sjbove date a Cityr. Attorsiey's
314V CI x ;i_.,
00-k y-
n4rida,
.,t?.?rffi. r,ii?:7+.", 'dSl?."?W. f ,tY+.Xn?tit: v! "?.•: tiie?