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ORDINANCE 99-0-04
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, REPEALING ORDINANCE NOS.
90-0-27, 94-0-11 AND 95-0-13 IN THEIR ENTIRETY AND
RESTATING AND ADOPTING THE CITY OF EDGEW A TER,
FLORIDA, FIREFIGHTERS' PENSION PLAN; PROVIDING
FOR FORMAT AND DEFINITIONS; PROVIDING FOR
PARTICIPATION, ACTIVE PARTICIPANT, INACTIVE
PARTICIPANT, AND CESSATION OF PARTICIPATION;
PROVIDING FOR CONTRIBUTIONS, EMPLOYER
CONTRIBUTIONS, REQUIRED CONTRIBUTIONS BY
P ARTICIP ANTS, AND INVESTMENT OF CONTRIBUTIONS;
PROVIDING FOR RETIREMENT BENEFITS, ACCRUED
BENEFIT, BENEFIT LIMIT A TION, AMOUNT OF BENEFIT
AT RETIREMENT, TEMPORARY LIMITATION OF
BENEFITS, AND BENEFITS UPON REEMPLOYMENT
AFTER RETIREMENT; PROVIDING FOR OTHER
BENEFITS, DEATH BENEFITS, VESTED BENEFITS, AND
DISABILITY BENEFITS; PROVIDING FOR WHEN
BENEFITS START AND DISTRIBUTION OF BENEFITS,
AUTOMATIC FORMS OF DISTRIBUTION, OPTIONAL
FORMS OF DISTRIBUTION AND DISTRIBUTION
REQUIREMENTS, AND ELECTION PROCEDURES;
PROVIDING FOR TERMINATION OF PLAN; PROVIDING
FOR ADMINISTRATION OF PLAN, RECORDS,
INFORMATION AVAILABLE, AND DELEGATION OF
AUTHORITY; PROVIDING FOR GENERAL PROVISIONS,
AMENDMENTS, DIRECT ROLLOVERS, PROVISIONS
RELATING TO THE INSURER, EMPLOYMENT STATUS,
RIGHTS TO PLAN ASSETS, BENEFICIARY,
NONALIENATION OF BENEFITS, CONSTRUCTION,
LEGAL ACTIONS, SMALL AMOUNTS AND WORD USAGE;
PROVIDING FOR THE FILING WITH THE DIVISION OF
RETIREMENT OF THE FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND ADOPTION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations;
1. On July 2, 1990, Council adopted Ordinance No. 90-0-27 which established the
Firefighters' Pension Fund effective July 2, 1990.
2. On May 16, 1994, Council adopted Ordinance No. 94-0-11 amending the effective
date of Ordinance No. 90-0-27 to read November 13, 1989; changing the required vesting period
from ten (10) years to five (5) years; changing the requirements for retirement, changing the
disability retirement, death prior to retirement; refunds of contributions; death benefits, separation
from service; refunds, correction of a scrivener's error regarding calculation of monthly retirement
income and requirements for retirement.
3. Upon submittal of Ordinance No. 94-0-11 to the Division of Retirement Services,
the Division advised of additional requirements of Chapter 175, Florida Statutes, and the Internal
Revenue Code which should be contained in the ordinances. Therefore, on October 2, 1995, Council
adopted Ordinance No. 95-0-13 reflecting that the Firefighters' Pension Plan is a Local Plan, the
effective date of the Plan is November 13,1989, amending the definition of salary, changing the
required vesting period, requirements for retirement, disability retirement, death prior to retirement;
refunds of contributions; death benefits, percentage of firefighter's average final compensation
applied to determine monthly retirement income and requirements for retirement.
4. In an effort to comply with requirements contained in Chapter 175, Florida Statutes
and the Internal Revenue Code, it is necessary to modify our Firefighters' Pension Fund accordingly.
5. During a meeting on March 26, 1999, the Board requested to modify this plan to be
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consistent with other Plans within the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
REPEAL OF ORDINANCE NOS. 90-0-27,94-0-11 AND 95-0-13 IN
THEIR ENTIRETY.
Ordinance Nos. 90-0-27,94-0-11 and 95-0-13 are hereby repealed.
PART B.
RESTATEMENT AND ADOPTION OF CITY OF EDGEWATER,
FLORIDA, FIREFIGHTERS' PENSION PLAN
The restatement City of Edge water, Florida, Firefighters' Pension Retirement Plan, attached
hereto and incorporated by reference as Exhibit "A" is hereby adopted.
PART C.
FILING WITH THE DIVISION OF RETIREMENT
Upon adoption, a copy of this Ordinance shall be filed with the Division of Retirement ofthe
Florida Department of Management Services.
PART D.
CONFLICTING PROVISION.
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 E.
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.
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PART F.
EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART G.
ADOPTION.
After Motion by Councilman Gornto and Second by Councilman Hammond, the vote on the
first reading of this ordinance held on January 11, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
ABSENT
Councilwoman Judy Lichter
AYE
After substantial changes were made to the proposed ordinance in an effort to modify the
Plan and make it consistent with other Plans maintained by the City, Ordinance No. 99-0-04 was
returned to Council for first reading on the substantial changes on September 13, 1999. After
Motion by Councilman Hammond and Second by Councilman Roberts, the vote on the first reading
of this ordinance held on September 13, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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After Motion by Councilman Roberts and Second by Councilwoman Lichter, the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman AYE
Councilman Jim Gornto ABSENT
Councilman Myron F. Hammond AYE
Councihnan Gary W. Roberts AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 27" day of September, 1999.
ATTEST:
Dated: ?-;7-57S
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By. Y L704'-
4Ray G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
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CITY OF EDGEW A TER
FIREFIGHTERS' PENSION FUND
SUMMARY PLAN DESCRIPTION
INTRODUCTION
The Employer previously established a defined benefit retirement plan for Firefighter's.
The City of Edgewater and the Board of Trustees for the Firefighters's Pension Fund is of the
opinion that the plan should be changed and that the best means to accomplish these changes is
to completely restate the Plan's terms, provisions and conditions. The restatement, effective
November 13, 1989, is set forth in this document and is substituted in lieu of the prior document.
The restated plan continues to be for the exclusive benefit of employees of the City of Edgewater.
All persons covered under the Plan on November 13, 1989, shall continue to be covered under
the restated plan with no loss of benefits
The attached booklet is presented to you as a member Of the City of Edgewater Firefighter's
Pension Fund by the Board of Trustees. This booklet is a brief explanation of certain provisions
of your pension plan. You are encouraged to study the booklet in order to become familiar with
the benefits provided by the Plan. If you have any questions regarding any provision of the Plan,
the Board of Trustees will be happy to answer your questions or get an answer for you.
This booklet is only a brief explanation of the Plan. If there are any conflicts between this booklet
and the ordinances ofthe City of Edgewater, the ordinances will govern. A copy of the ordinance
establishing the Plan can be obtained from the City Clerk.
Chairman, Board of Trustees
City of Edgewater Firefighters' Pension Fund
Date
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RE-ESTABLISHMENT OF THE FIREFIGHTERS' PENSION FUND AND DECLARING
THE FUND TO BE A LOCAL PLAN.
Section 1.
Section 2. Restatin~ the Effective Date of the Firefighters Pension Fund
The effective date of the Firefi hters' Pension Fund is hereb restated to be effective as of
Novem er 13, 1989.
Section 3.
~orating the Provisions of Chapter 175.
Flori a Statutes. Except as Provided Herein
Section 4.
Amendinl: the Definition of Salary
Section 4.5
Section 5.
V aryin~ Investment Procedures
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Section 5.5 Contributions - Chan~inl: the required employee contribution rate
Section 7. Creation and maintenance of fund
Section 8. Chan~in~ the Required V estin~ Period
Section 9. Requirements for retirement. -
Any firefighter who completes +e five (5) or more years of creditable service as a
firefighter and attains age 55, or completes 25 twen~ (20) years of creditable service as a
firefighter and attains age 52, and who for such mimmum period has been a member of the
firefighters' pension trust fund is eligible for normal retirement benefits. Normal retirement
under the plan is retirement from the service of the municipality or special fire control district on
or after tlie normal retirement date. In such event, payment of retirement income will be
governed by the following provisions of this section 175.162:
(2)( a)
The normal retirement date of each firefighter will be the first day of the month
coincident with or next following the date on which he or she has completed +e
five (5) or more years of creditable service and attained age 55 or completed
twenty~ (25 20) years of creditable service and attained age 52175.162(I).
The amount of monthly retirement income payable to a full-time firefighter who
retires on or after his or her normal retirement date shall be an amount equal to the
number of his or her years of credited service multiplied by--2 3.0 percent of his or
her average final compensation as a full-time firefighter. The retirement income
shall be reduced for moneys received under the disability provisions of this
(1)
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(1)
(5)
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chapter. However, if current state contributions pursuant to this chapter are not
adequate to fund the additional benefits to meet the minimum requirements in this
chapter, only such incremental increases shall be required as state moneys are
adequate to provide. Such increments shall be provided as state moneys become
available.
(3)
lied to Determine
Section 10. Disability retirement. -
A firefighter having te five (5) or more continuous years of credited service and having
contributed to the firefighters' pension trust fund for te five 5 years or more may retire
from the service of the municipality or special fire contro Istnct under the plan if, prior
to his or her normal retirement date, the firefighter becomes totally and permanently
disabled as defined in subsection (2) by reason of any cause other than a cause set out in
subsection (3) on or after the effective date of the plan. Such retirement shall herein be
r~ferr.e~ to as "disability retirement." . . ., . .
The benefits payable to a firefighter who retires from the service of a municipality or
special fire control district due to total and permanent disability as a direct result of a
disability cOl1l1l1endng prior to his or hCI normal retirement date is the monthly income
payable for 10 years certain and life for which, if the firefighter's disability occurred in
the line of duty, his or her monthly benefit shall be the accrued retirement benefit, but
shall not be less than 42 percent of his or her average monthly salary at the time of
disability. If after te five ~f) years of service the disability is other than in the line of
duty, the firefighter's mont y benefit shall be the accrued normal retirement benefit, but
shall not be less than 25 percent of his or her average monthly salary at the time of
disability 175.191.
Section 11. Death prior to retirement= refunds of contributions= death benefits. -
If a firefighter dies before being eligible to retire under the provisions of this act, the
heirs" legatees, beneficiaries, or personal representatives of such deceased firefighter shall be
entitled to a refund of 100 percent, without interest, of the contributions made to the firefighters'
pension trust fund by such deceased firefighter or, in the event of an annuity or life insurance
contract has been purchased by the board oftrustees on such firefighter, then to the death benefits
available under such life insurance or annuity contract subject to the limitations on such death
benefits set forth in s. 175.08~ whichever amount is greater. If a firefighter dies ~prior to
retirement but has at least te Bve (5~ years of contributing service, his or her beneficiary is
entitled to the benefits otherwise paya Ie to the firefighter at early or normal retirement age. In
the event that the death benefit paid by a life insurance company exceeds the limit set forth in s.
175.081, the excess of the deatli benefit over the limit shalf be paid to the firefighters' pension
trust fund. However, the benefits as provided in s. 112.191 shall not be included as death or
retirement benefits under the provisions of chapter 86-41, Laws of Florida 175.201.
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Section 12. Separation from service: refunds. -
If a firefighter leaves the service of the municipality or special fire control district before
accumulating aggregate time of +e five (5) years toward retirement and before being eligible to
retire under the provIsions of this chapter, the firefighter shall be entitled to a refund of an of his
or her contributions made to the firefighters' pension trust fund after July 1, 1963, without
interest, less any disability benefits paid to him or her after July 1, 1963. If a firefighter who has
been in the service of the municipality or special fire control dIstrict for at least +e five 5 years
and has contributed to the firefighters' pension trust fund, for at least +e five (5b e ects to leave
his or her accrued contributions in the firefighters' pension trust fund, such uefighter upon
attaining the age of 50 years may retire at the actuarial equivalent of the amount of such
retirement income otherwIse payable to him or her 175.211.
Section 13. Levyine and Imposine Upon All Insurers a License or Excise Tax
a able annuall on the
Section 14. Claims Procedures
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The board of trustees shall make the final
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ill The specific reasons for the denial, suspension or termination of benefits:
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ill An explanation of the claims review procedure.
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@ Claims review procedure:
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If a claim for benefits is denied. suspended or terminated in whole or in part. then
the claimant may appeal to the board of trustees for a full and fair review. In
order to file an appeal. a written notice of appeal must be submitted within 60
daxs after the notice of denial. suspension or termination is received by the
claimant} or such later time as the board of trustees deems reasonable. The notice
9lbea shall briefl?;: describe the frounds upon which the appeal is based and
s a e s~ned by t e claimant. he claimant shall be allowed to review all
pertinent ocuments during normal business hours. and shall be ffiermitted to
submit comments and a statement of issues for consideration by t e board of
trustees.
Section 15. Effectiveness of Remainder of Chapter 175. Florida Statutes
All other provisions of Chapter 175. Florida Statutes. shall remain in full force and effect.
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