2008-O-06
ORDINANCE NO. 2008-0-06
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING ORDINANCE NO. 1999-0-04; PROVIDING FOR
THE ANNUAL DISTRIBUTION OF STATE PROVIDED
EXCESS RESERVE FUNDS THROUGH A SUM OF YEARS
(SENIORITY) SHARE PLAN; PROVIDING FOR FILING
WITH THE DIVISION OF RETIREMENT OF THE FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
FOR AN EFFECTIVE DATE AND ADOPTION.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On September 27, 1999, City Council adopted Ordinance No. 99-0-04, which
amended and restated the City of Edgewater, Florida Firefighters' Pension Fund.
2. The City Council of the City of Edge water is desirous of upgrading the current status
of the Firefighters' Pension Fund and to remain in compliance with the State Statutes.
3. In an effort to comply with this objective it is necessary to modify our Firefighters'
Pension Fund accordingly.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT OF THE CITY OF EDGEW A TER, FLORIDA
FIREFIGHTERS' PENSION FUND.
Section 1.
Amending Requirements for Retirement
Suvvlemental Retirement Benefit: There is hereby provided for firefighters that attain
Credited Service of five (5) or more years, in addition to all other benefits provided in this section,
an annual supplemental retirement benefit. Entitlement to such supplemental retirement benefit
shall be determined annually based upon the receipt by the Fund of any "additional premium tax
revenues," as defined in sub-section 175.162(2)(a), of the Florida Statutes. Payment of such
supplemental retirement benefit shall be made annually to each eligible firefighter, (defined for this
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subsection only as an active firefighter that has attained Credited Service of five (5) or more years
and terminates service with the City or an active firefighter that retires under the retirement
provisions herein) no later than the I st of December after receipt of the "additional premium tax
revenues" from the state. provided that it has been confirmed in writing that the eligible firefighter
was alive on September 30th of such year. beginning with fiscal year 2007. The amount of such
supplemental retirement benefit shall be equal to the quotient of: the total amount of all "additional
premium tax revenues" received by the Fund during that calendar year (regardless of the year to
which the revenues relate). multiplied by each eligible firefighter's percentage of the total number
of combined years of service for all eligible firefighters. Such supplemental benefit for each eligible
firefighter shall be credited to an account to be maintained by the Pension Fund. which shall be
credited or debited with the actual rate of investment return (less expenses) of the Pension Fund and
shall be rolled over to a designated qualified plan on retirement or termination or in the event of
death prior to retirement paid to a designated beneficiary.
Section 2.
Effectiveness of Remainder of Chapter 175. Florida Statutes.
All other provisions of Chapter 175, Florida Statutes, shall remain in full force and effect.
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
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
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PARTE.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART F. ADOPTION.
After Motion to approve by Councilman Cooper and Second by Councilwoman Rhodes, the
vote on the first reading of this ordinance held on June 16, 2008, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
Second reading of this ordinance was initially scheduled for July 21,2008. However, during
the June 16, 2008 Council meeting, Council voted to re-schedule the July 21, 2008 City Council
meeting to July 28, 2008.
After Motion to approve by Councilman Cooper and Second by Councilwoman Rhodes, the
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
X
Councilwoman Debra 1. Rogers
ABSENT
Councilwoman Gigi Bennington
ABSENT
Councilwoman Harriet B. Rhodes
X
Councilman Ted Cooper
X
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PASSED AND DULY ADOPTED this 28th day of July, 2008.
ATTEST:
~L0D~L
Bonnie Wenzel
City Clerk
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 28th day
of July, 2008 under Agenda Item No. ~.
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