2022-O-10 - Amending General Employees Pension Plan ORDINANCE NO.2022-0-10
AN ORDINANCE OF THE CITY OF EDGEWATER,
AMENDING THE CITY OF EDGEWATER GENERAL
EMPLOYEES' RETIREMENT PLAN BY AMENDING
SECTION 13-40, BOARD OF TRUSTEES FOR GENERAL
EMPLOYEES PENSION TRUST FUND; PROVIDING FOR
FILING WITH THE DIVISION OF RETIREMENT;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY, APPLICABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR ADOPTION.
WHEREAS, the number of active and retired members of the General Employees'
Retirement Plan is decreasing due to attrition;
WHEREAS, the City Code ties eligibility for two trustee seats to active employment by
the City;
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. Based on recommendation of the Board of Trustees of the Edgewater General
Employees' Retirement Plan,the General Employees' Retirement Plan,Section 13-40
(Board of trustees for general employees pension trust fund)should be amended.
NOW,THEREFORE,BE IT ENACTED by the City Council of the City of Edgewater
Florida,that:
PART A. AMENDING SECTION 13-40 OF THE CITY OF EDGEWATER
CODE PROVIDING FOR THE BOARD OF TRUSTEES FOR GENERAL
EMPLOYEES' PENSION TRUST FUND TO READ AS FOLLOWS:
[...]
Sec. 13-40. Board of trustees for general employees pension trust fund.
(a) Created. There is hereby created the board of trustees for the general employees pension
trust fund. The board of trustees shall be solely responsible for administering the trust
fund. The board shall not receive any compensation in this capacity. The board shall be a
legal entity with the powers and responsibility enumerated herein and as may be amended
from time to time by the city council.
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(b) Membership. The board of trustees shall consist of five members appointed as follows:
(1) Two of whom, unless otherwise prohibited by law, must be legal residents of the
municipality and must be appointed by the governing body of the municipality.
(2) Two of whom are current or retired members of the plan
arapleyed by the y who are elected by a majority of current and retired
members WhE) are—RIFFent-ly efflpl6yed b5' t-ho--GitT, regardless of City
employment status.
(3) The fifth member shall be a union representative for the general employees as
appointed by the union. The fifth member shall have the same rights as each of
the other four members.
(4) If the majority of the members of the plan fails to elect a member as a trustee,
the city manager shall appoint either a resident or an employee that is a resident
of the city.
(5) Two un-excused absences, as determined by the board, within a 12-month
period shall be a deemed resignation.
(c) Term. Election to the board of trustees shall be for a term of three years, unless a trustee
shall sooner leave office. Council appointed members shall serve an initial term of two
years followed by a three year term. The union-appointed member shall serve as a
trustee as long as he or she is appointed. A vacancy shall be filled in the same manner
as originally seated for the remainder of the expired term. Trustees may succeed
themselves in office.
(d) Officers. The board shall select from their members a chairman, vice chairman and a
secretary by a majority vote of the trustees annually. The secretary of the board shall
keep a complete minute book of the actions. Proceedings or hearings of the board, all
correspondence, documents and records shall be public records subject to the same
requirements and exemptions as other public records of the city.
(e) Meetings. Regular meetings shall be held at least quarterly. The hour and place of each
meeting may be determined by the members of the board. Special meetings may be held
at the request of the chairman, providing proper notice is given. The secretary shall
provide notices of all meetings to all members of the board and to all city departments
for posting. Meetings shall be held in accordance with the "Sunshine Law"
requirements. Roberts Rules of Order shall govern the parliamentary procedure of the
board.
(f) Quorum. A quorum shall consist of three members present at the meeting. Three votes
shall be required to take action.
(g) Order of business. The order of business at all regular meetings of the board shall be as
follows:
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(1) Call to order.
(2) Roll call.
(3) Public comment.
(4) Approval of minutes.
(S) Old business.
(b) Communication/reports.
(7) New business.
(8) Adjournment.
(h) Powers of board of trustees. The authority of the General Employees' pension board
shall be to administer, monitor and evaluate the pension fund. The board shall review,
discuss and decide upon investment options for the general employees' pension funds.
The board shall review and discuss any improvement of benefits and consider
recommending such improvements to the city council for approval.
(i) Amendments. Amendments and additions to the bylaws may be proposed at any board
meeting to become effective after a majority vote of the board and final approval by
city council.
PART B. FILING WITH THE DIVISION OF RETIREMENT
Upon adoption,a copy of this Ordinance shall be filed with the Division of Retirement of
the Florida Department of Management Services.
PART C. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
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of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention, provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
PART F. ADOPTION
After Motion to approve by Councilwoman O'Keefe, and Second by Councilwoman
Bennington, the vote on first reading of this ordinance which was held on June 6, 2022 was as
follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Christine Power x
Councilwoman Gigi Bennington x
Councilwoman Megan O'Keefe x
Councilman Jonah Powers x
After Motion to approve by and
Second by I (A xa1! .t G" i t )(',rry��"l , the vale on second
reading/public hearing of this ordinance which was held on 11 Lz r ! GO D,a was
`J
as follows:
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AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power X
Councilwoman Gigi Bennington x
�r1Ci�Wom�.n�bbi��1 b�w�_
Councilman Jonah Powers x
PASSED AND DULY ADOPTED this I+h day of i 2022.
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
•�,P . pfr' � i
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Mike as
i May
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C, ATTEST: ..
Bonnie Zlotni10CMC
City Clerk
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R.Wolfe,Esquire
City Attorney
Doran,Sims,Wolfe&Yoon
Approved by the City Council of the City of Edgewater at a
meeting held on this �1 day of ,2022
under Agenda I to m No CA
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