08-21-2000
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Voting Order
Cow1cilwomanRhodes
Councilwomanlichter
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
August 21,2000
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of August 7, 2000
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
B. 8th grade student Anthony Lewis to present journal of his travels through
Britain and Ireland.
4. CITIZEN COMMENTS
(This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.)
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2000-0-17, Amending Chapter 2 (Administration) by
Repealing Article IV (Self-Insurance Fund), Sections 2-61 through 2-75 in
their entirety.
C. 1st Reading, Ord. No. 2000-0-18, Amending Ord. No. 99-0-04, Section 10
(Disability Retirement) Subparagraph (1) of the Firefighters' Pension Fund.
D. l't Reading, Ord. No. 2000-0-14, establishing compliance with statutory
requirements to Chapter 185 of the Florida Statutes, and amending Ord. No.
99-0-08 which restated the Police Pension Plan.
7. CONSENT AGENDA
Items on the consent agenda are defined as routine in nature that do not warrant detailed
discussion or individual action by the Council; therefore, all items remaining on the consent
agenda shall be approved and adopted by a single motion, second and vote by the City
Council. Items on the consent agenda are not subject to discussion. One of the most basic
rules of a consent agenda is that any member of the City Council may remove any item
from the consent agenda simply by verbal request at the City Council meeting.
Removing an item from the consent agenda does not require a motion, second or a vote; it
would simply be a unilateral request of an individual Council member.
A. Economic Development Board Appointments (3) - Councilwoman Rhodes,
Council woman Lichter and Mayor Schmidt, respectively, to consider Board's
recommendation to reappoint Thomas Alcorn, Nora Aly and C. Michael
Wilson for another three year term, all requested reappointment.
B. Police Pension Board Appointments (2) - Councilman Vincenzi's
appointment to fill the remaining term of David Muth who resigned and
Councilwoman Rhodes' appointment to fill a full term left by Larry Loeffler
who had not sought reappointment. (These are both Council appointments
and not subject to recommendations from the Board.)
8. OTHER BUSINESS
A. Health Insurance - staff recommending renewal of Florida Health Care
medical and vision group insurance plans.
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Continued on page 2
City Council Agenda
August 21,2000
Page -2-
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
10. CITIZEN COMMENTS/CORRESPONDENCE
11. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit you comments to five minutes
or less.
2) All items for inclusion on the September 11, 2000, agenda must be received by the City
Manager's office no later than 4:30 p.m. Tuesday, September 5, 2000.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record
of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting.
:ejm
F:\agendas\ag0821 00. reg
My
Trip
TO
The
UK
By Ireland
Anthony
Lewis
My Student Ambassador Trip to London & Ireland
We started our orientation meetings at the YMCA Our meetings were April 29 1:OOp.ni. To 4:OOpm,
May 26 1:OOpm to 4:OOpm. June 3 4:OOpm to 6:OOpm at byecentinal park in Ormond .Beach Fl.
June 10 12:00pm - 4:00pm. We had a luncheon- covered dish dinner. The parents made a dish of Ireland or Lon-
don meal. We all had a good time their. The last meeting we had was June 10"'.
The travel dates are June 27th.June 28` 2000 to July 17 Of 2000.
They all left Orlando AirPort At 1: lOpm To Atlanta GA 2:46pm. They all left Atlanta AirPort at 7:45pm. June
28 They all arrival in London at 8:40 am
6/28/00
When I arrived at London, I went to my hotel room. After that we all went on the bus to ride round town.
We all went to lunch at the Planet Hollywood. We all had a hamburger and F.F. and a drink. I had a Sprit. Then
all of us got on the bus again. So we tour the city. Then we stop for dinner at a restaurant. I had spaghetti for din-
ner. We all went to the hotel room.
6/29/00
When I got up, we all went for breakfast. Then we all got on the bus. We went pass the Buckingham Palace. Tra-
falgar Square, and Houses of Parliament. It's some of the famous landmarks. We stop for lunch at the Riverside
Restaurant. It 's off to the Tower of London. William built The Conqueror the tower of London The Conqueror in
1097. It served the fortress. royal residence and prison. We went to the Crown Jewels! And the Bloody Tower
and the Traitor are Gate and the prison. Then we went to dinner. Then we went to see a shanksprit play. Went
to the hotel room.
6/30/00
We went to Oxford and Worcester and Homestay. What our rooms were like. They were not good. The rooms
were small. The water was not right. Hot then cold. I went to see the Oxford University Town. After lunch I went
to the Blenheim Place. and the home of the Duke Marlborough, and the birthplace of Sir Winston Churchill. It
was built in the 1704. It is the finest examples of English Baroque; it is incorporating over 2000 acres. It is mag-
nificent parklands. landscaped by the Capability Brown. Then I went to the scenic route to the Cotswolds to
Worcester were I met my homestay family. I went to the host family, and had pizza and I play football.
7/1/00
I had fun at the homestay. I played football had pizza and chip.
7/2/00
At homestay had a great dinner. Then I went out to play football and show them about fire. The home stay family
likes what I done about the fire.
7/3/00
I had to leave homestay family that day. I went to the Cardiff and seen house of Parliament. We went to one place
for dinner, and had pizza. In stead oh and for lunch had 3 fish.
7/4/00
Had a great day. We went shopping, and found fireworks. So we had a fireworks display on the beach.
Thanks to me. But at first it was raining hard. Then the matches wouldn't work. So I had to run back to the room
and get new ones. Then finaly I got them to work. That day we played rugby at the sports complex. We learned
how to speak Welsh.
7/5/00
Christian. Rashell and I went down to the beach. and got some shells. Then we went to the King Arthur's stone.
Then we are waiting for our fairy to go to Ireland.
7/6/00
Today we acted out in some plays and things. We got to play hurling and American soccer. I had a lot of fun. In
hurling use a stick that's like a hockey stick.
7/8/00
We went to Burratte and visited a dairy farm and we learned how to milk a cow. We also learned how milk was
made starting at the farm to store shelves. We went shopping at the largest mall there. We were 15 minuets late.
That night we went dancing and I climbed a 350ft. Tall mountain.
7/9/00
We left our host familyes. We went to the rock of Chasel then we went to Dublin collage then to dinner.
7/10/00
We had a cool tour of Dublin. The tour we had to walk around Dublin. Then we walked to a mall and went shop-
ping and had lunch. Now we are at the dock wating for our boat to Holyhead. We got to Holyhead and had a lond
and boring ride to Liverpool where we went to a youth hostel. It was a homeless shelter. It was dirty.
7/11/00
We went to the Beattles museum on a peer in downtown Liverpool. It had a replica of the cavern they started
playing in. We went to a boat museum learned a lot about boat history. We got to see a model of the Titanic and
it's sister ship.
7/12/00
This guy from Sterling gave us a tour he showed us the Sterling Tollbooth. It was a court house and a realy bad
prison. Then we went to the Wallce Monumment. It's made of stone and is 240 ft tall. It has 246 stairs. I climbed
it twice. I had as lot of fun. You could see 2 miles all around you.
7/13/00
We went to Edinburgh they had a lot of stauses. We went to the HQ of the bank of Scotland . We went to the
Gray friers church they had a dog name Boby . We went to the Edinburgh castle. It is a placed on am extinct vol-
cano . We went on a 3 turbo ride. A t our homestay we were out walking around town . Sran, Jake and I met
Windy 14 and Danile 15. They were nice . We got home at 10:40 that night.
7/14/00
We had a long 5 hours ride back to London. We went to the Buckingham Palace. It was cool. The gords we fuiv
to watch.
7/15/00
We had a long 8 or 9 hour trip to London from Schutlnnd. When we got to London ,We went on a gost walk. We
had a last min shopping for our familyes.
7/16/00
We went to the exe witch is a 450ft tall fairs wheel .You can see 32 miles all round you . When at the 450ft mark
at the top. Then we went to the dome seen the body. We went to play, the Jewls,and then we went to The Millen-
nium Show. The Millennium show tells a dramatic love story in 3 acts using flying performers. dancers and
amazing visual effects set to music by Peter Gabriel. We went to living Island. home planet. and talk. Then I met
Aly Sara, John, Jason, Tim, and another person. They were some of the high flying actors of the Millennium
Show. I went back and watched the show again for about 30 min. Then we went back to the hotel because we
were tired. We went to s Middeval banquet, but it was cancled. The place was flooded. We then spent three hours
on the bus looking for some place to eat. Then at 12:30 am we got back.
7/17/00
we got up at 4:OOam to go to the airport. We left at 10:50am. We had a long 8 hour flight to Atlanta.
Yahoo!!!!
Were home
At 7:21
This concludes this trip. I had a blast. Thanks For your help.
�
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
O @q,rqurY`
CITY OF EDGEWATER
LITTER PREVENTION COMMITTEE
1. Elizabeth (Liz) McBride 8. Jean Whitehurst
Project Coordinator 802 Navigators Way, 32141
Edgewater City Hall 427 -5684
424 -2404
9. Marilee Ames, City of NSB
2. Lynne Plaskett 210 Sams Avenue, 32169
Edgewater City Hall 424 -2202
424 -2412
10. Jill Getty, Chamber
3. Councilwoman Judy Lichter 115 Canal Street
826 Navigators Way, 32141 428 -2449
423 -4499
11. Steve Dennis, Chamber
4. Michael (Mike) Visconti 428 -2449
316 Pine Breeze Drive, 32141
327 -5178 12. Laura Wooley (Chamber Vol. Rep.)
204 Mary Avenue, 32168
5. George Ann Keller 409 -0700
3039 Unity Tree Drive, 32141
424 -9413 13. Jeanie Shover
Southern Title
6. Jerry Keller 1000 S. Ridgewood, 32132
same as above 426 -7886
7. Dee Anderson 14. Gene Sheldon
1730 Pine Tree Drive, 32132 P.O. Box 849, EW
423 -1558 409 -8076
8/ 18/00
F: Ui tterpreventioncommi ttee\memberlist
6 �.
AGENDA REQUEST
C.A. NO.: 2000 -082
Date: August 11, 2000
PUBLIC
HEARING RESOLUTION ORDINANCE 08/21/2000
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Ordinance No. 2000 -0 -17 Amend Chapter 2 (Administration) by Repealing Article IV (Self -
Insurance Fund), Sections 2 -61 through 2 -75 in their entirety
BACKGROUND:
In 1986, the City of Edgewater became self - insured and enacted Article IV (Self - Insurance Fund)
of Chapter 2 (Administration). In an effort of cost effectiveness, in 1994, the City of Edgewater
entered into an agreement with Risk Management Associates (commercial insurance carrier).
The Self - Insurance Fund has been maintained pending the filing of potential claims relating to the
time frame when the City was covered by self - insurance. All outstanding claims relating to the
coverage period have been paid from the Fund leaving a zero balance.
Article IV (Self - Insurance Fund) of Chapter 2 (Administration) should be repealed in its entirety
since the City is no longer self - insured and all claims of record have been satisfied.
Notice of Public Hearing was published in the Observer on Friday, August 11, 2000.
STAFF RECOMMENDATION:
Staff recommends that Council consider approval of Ordinance No. 2000 -0 -17.
ACTION REQUESTED:
Approve Ordinance No. 2000 -0 -17.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES X NO
I.► DATE: August 7, 2000 AGENDA ITEM NO. 6C
Respectfully submitted,
/Li ._
Michele L. Goins Robin L. Matusick
Finance Director Legal Assistant
Kenneth R. Hooper
City Manager
rlm
ORDINANCE NO. 2000 -0 -17
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; TO AMEND CHAPTER 2
+ - (ADMINISTRATION) BY REPEALING ARTICLE IV (SELF -
INSURANCE FUND), SECTIONS 2 -61 (GENERALLY), 2 -62
(PURPOSE), 2 -63 (COMMITTEE - CREATED; MEMBERSHIP;
DUTIES), 2 -64 (SAME- INVESTMENT AUTHORITY), 2 -65
(SAME- MEMBER'S OATH OF OFFICE, ETC.), 2 -66
(PAYMENT OF EXPENSES), 2 -67 (MANAGEMENT OF
FUNDS), 2 -68 (SETTLEMENT OF CLAIMS), AND 2 -69
THROUGH 2 -75 (RESERVED) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
New 1. Article IV (Self - Insurance) of Chapter 2 (Administration) of the City of Edgewater
Code of Ordinances has not been modified since 1990.
2. All outstanding claims and issues submitted to date have been paid from the Fund
leaving a zero balance.
3. Upon research, in an effort to be cost effective, the City obtained the services of a
commercial insurance carrier in 1994.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. REPEAL ARTICLE IV (SELF - INSURANCE FUND) OF CHAPTER 2
(ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA, IN ITS ENTIRETY.
Article IV (Self - Insurance Fund) of Chapter 2 (Administration) is hereby repealed in its
St,uk thiut 1f passages are deleted.
Underlined passages are added.
2000 -0 -17 1
entirety.
ARTICLE IV. SELF- INSURANCE FUND
Now
SUL. 2 -61. Gene. all
There is hereby created a City of Ed watcr Fai1d, thc fund to which shall be
• • • • • ' • • • • • • . . . . • • 111 . ' • • • •1 • • - • 11 - - , • : •
••• .1.11 • • •:.• • •/ • ••• .• •'• •• •• • -- • • ■1 • •1• •
funds foi acctuili
(1) Thc payment of claims and jud a thc City of Edgcwatci invulvin the
• - • • - - • • . • - - • - • • • •• • - • • • • • • • • •
City of Edgewater.
' • '
/1 . • • • • :11 51•I • •I • • 1 • • • • • • . • 1 • •
• - - • • • • • - - • • , , I . • (3) Thc ivault..iiaL1CC of hailica.ic disaster funds.
(4) Thc iccovciy of tort claims a other palti..s.
(5) Fi1i..s and forfcitu.1‘,5- K,vicd a employees as a resalt of being found icspolisible
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Sc.:. 2-62. Parposr.
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• • , • • • • • •
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articb...
Sc... 2 -63. Colllllllttev - C. Gated, 111Glllbvl dut1GJ.
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Struck through passages are deleted.
Underlined passages are added.
2000 -0 -17 2
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Sec. 2 -64. Same - investment aathol ity.
Last funds may be invcstcd without lilnitatiun iii:
•
• • • -, • • • • • • • • - IN • • • • - • . • .1 - • 1 •
IP • • • -- • • •• • - - • • - • i• -- - • • • • • : •
•
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(2) Cv4tificatcs of- dcposit of any bank iticolpolatcd undci thc laws of this state or any
national batik urgaitiaed -undcr thc laws of du- Uthtcd Statcs to do busincss and
• • • 1 r , • • - • . • • • • 11 - .1 1/ • • • • • •
• • • • • 1 • •I • • 1 • •1 • - • - • • - 1 • - .1 . . . 1 . •
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Y - - - - • - - - - - - - - - - - - - VI • • • - - -
•1 • • • •1 • • 1 • • 1 1 1 . 1 • 1 • 1 • • • •
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e city.
11 - - • • • - - • .1 • • • • 11 • • •
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•1 • • • • • •1 •1 • • 1 - - 11 • • - - -
Svc. 2 -63. Sallie - M011bGl's oath of office, vtc.
• • 1 - • • OBI .1 • • 1 • • •1 • .1 • • - - • . • • • • • - 1
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• • •/ • • ■ • • • - 1 • •1 • • 1 • • •A . -
Sec. 2 -66. Poly llnGlll of vApenara•
It is thc illtclition of tin, vouncil-of thc City of Ecdg watcr that thc iasulauce plo shall
• • - • - •I • 11 • • •1 1 •1 • • • 1 • .1 .1 .1 • • •1 • - - • • • • • .1 • - • • • • • • - • • ' •1 - • 1 1• - • - - . • • •• - - -
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Svc. 2 -67. Maua of fund.
The conniiittv� shall, as vxpcditiously as possiblc, with duc rcgard to the finauvial svvaiity
Struck—thronglt passages are deleted.
Underlined passages are added.
2000 -0 -17 3
• - - • , • • • • • 1 - • . . 1 • •
• .. -- •• • •• • . �, •• 1 , . . -.• • -• - - .. •1 -
losscs. Thc incans .,oiftLiiiplatcd inchtdc the establish wnt cd ic ci yes and scculing
•• - . ■ . - . 1 . - • 1 • • , ■ .. - - .1 1 - • • • 1 1 • - . • - 1 - • - - a • • •
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'rrr SG... 2 -68. Settlement of ..laima.
Thc city attoilicy shall perfoiin u JupCi vise the pCifornlaucc of all legal scrvices rcquircd to
• • 1 - 1 11 1 • • 1 - 11 a .1 ■ 11 .1 1 1 : .1 . - • • • 1 1 ,
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(1) Pnoperty (at a fixcd location);
Buildings $5,000.00
Cuirtcits .,f building 2,500.00
(2) Mobilc ..qui (sclf-propellcd) 2,500.00
(3) Equiyiii.,iit tools 100.00
(4) Autoinobilcs:
41111W Coinp1 ehcnsive 500.00
Struck-through passages are deleted.
Underlined passages are added.
2000 -0 -17 4
Collision 500.00
(5) Gcnci al liability -0-
(6) Automobile liability -0-
(7) I;irois and omissions 1,000.00
Now
The self- iiisaian.,c comniittce, assistantb and-claims adjusts s, as may be designated may
• - , :1 . .: . • - •• ••• . .1 : . . • .: . • 1 :. VII . . - - - - ,
• 1....
.. • • .. •1 ,•••••. . • • • • 1. • • . . . . • • . - . • . A • - • • . . . • 11 •, • .. • 9 .1 • • ..
• • - • - - 1 • 1 • _ city council fo1 its approval prior to acceptance. • . • .. . • • . • - • - . q - . - - - -• q .1 - - . 1 - - , • - - • - - - 1 • - •• , • 1 ..1...,111.1 - - . 1 • .11. - 1 - .. • - . 1. .•
•1 - .' - • •1 • . 1 • • 11 11 • •1 • - • • • •
The city attoincy shall lender such report or reports for the sctticmcat of claims to the • - - - •I • 1 • . 11 • • • • • • 1
SG.,s. 2 -69 - 2 -75. Rest 'ed.
"ir. PART B. CODIFICATION. -
Provision of this ordinance shall be incorporated in the Code of Ordinances of the City 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 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.
r► If any portion of this ordinance is for any reason held or declared to be unconstitutional,
passages are deleted.
Underlined passages are added.
2000 -0 -17 5
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
*oily circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on August 7, 2000, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
St. chi. tl..uu passages are deleted.
Underlined passages are added.
2000 -0 -17 6
After Motion by and Second by
rr , the vote on the second reading of this ordinance was
as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
"%sr PASSED AND DULY ADOPTED this 21' day of August, 2000.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
Robin L. Matusick
Legal Assistant
41r
passages are deleted.
Underlined passages are added.
2000 -0 -17 7
NS
AGENDA REQUEST
Date: August 3, 2000
PUBLIC
HEARING RESOLUTIONS ORDINANCE XX
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Approval of changes to Ordinance 2000 -0 -18.
BACKGROUND:
The Division of Retirement reviewed Ordinance 99 -0 -04 for compliance with the State plan.
An amendment to Ordinance 99 -0 -04 has been incorporated into Ordinance No. 2000 -0 -18.
This amendment will bring the pension plan into compliance (see attached changes).
STAFF RECOMMENDATION:
■ Council Decision
ACTION REQUESTED:
Approval of Ordinance 2000 -0 -18 to bring plan into compliance with State requirements.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: N/A AGENDA ITEM NO.:
Respectfully submitted,
1 . 0 „. James Jollie, Chairman Legal Review
Firemen's Pension Board
Kenneth R. Hooper, City Manager
Agenda req uest.form. rev.8 /3/2000
Department of Fire and Rescue Services
MEMO
To: City Council and City Manager
From: Sondra M. Pengov, Recording Secretary
Date: 08/03/2000
Re: Synopsis of July 18, 2000 Firefighters' Pension Fund Board Meeting
The following is a synopsis of minutes of the Firefighters' Pension Fund Board meeting of
July 18, 2000.
Changes to Ordinance per State Division of Retirement: Chairman Jollie told the Board
Ordinance 2000 -0 -18 (copy attached) had been provided by the legal department. He
explained a letter received from Patricia F. Shoemaker of the Department of Management
Services Division of Retirement stated the ordinance had been reviewed to determine
compliance with the provisions of Chapter 175. She stated the final Ordinance 99 -0 -04 did
not incorporate the clarification found in Chapter 99 -1 for line of duty benefits. Section
175.19(1) was amended to state that, "A firefighter having 10 or more years of credited
service or a firefighter who becomes totally and permanently disabled in the line of duty,
regardless of length of service, may retire from the service to the municipality...." The letter
stated this clarification should be made in the plan (addition of the underscored words.)
Chairman Jollie said the amending of Ordinance 99 -0 -4 is provided in Ordinance 2000 -0 -18
and entertained a motion from the Board. Ms. Reilly moved to approve Ordinance 2000 -0 -18
and have it sent to the City Council for first reading. Upon approval forward it to the State
and the actuary, Mr. Foster. Seconded by Mr. Butt. The motion CARRIED 4 -0.
:SMP
ff. memo.synopsis7 -18-00
1
ORDINANCE NO. 2000 -0 -18
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; AMENDING ORDINANCE 99 -0 -04
"'l' OF THE CITY OF EDGEWATER, FLORIDA,
FIREFIGHTERS' PENSION PLAN; PROVIDING FOR
CLARIFICATION LANGUAGE AS TO LENGTH OF
SERVICE TO BE ELIGIBLE FOR A LINE OF DUTY
DISABILITY BENEFIT IN SECTION 10(1) AS SUGGESTED
BY THE DIVISION OF RETIREMENT FOR THE STATE OF
FLORIDA; 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 FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On September 27, 1999, Council adopted Ordinance Number 99 -0 -04 which
amended the firefighters' pension plan to comply with minimum requirements
contained in amendments to Chapter 175 of the Florida Statutes.
2. Upon submittal of Ordinance Number 99 -0 -04 to the Division of Retirement
Services, the Division suggested an additional change intended to clarify the length
of service required to qualify for an in the line -of -duty disability benefit.
3. In its continuing effort to comply with the suggestions and requirements put forth by
the Division of Retirement for the State of Florida, the Council desires to incorporate
the suggested language in the City of Edgewater Firefighters' Pension Fund
accordingly.
\rr
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Underlined passages are added.
2000 -0 -18 1
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
• PART A. AMENDMENT OF ORDINANCE NUMBER 99 -0 -04, SECTION 10
(DISABILITY RETIREMENT), SUBPARAGRAPH (1) TO READ AS
FOLLOWS:
Section 10, Subparagraph (1) is amended to read as follows:
Section 10. Disability retirement.
(1) A firefighter having five (5) or more continuous years of credited service and having
contributed to the firefighters' pension trust fund for five (5) years or more or a firefighter
who becomes totally and permanently disabled in the line of duty, regardless of the length
of service, may retire from the service of the municipality or special fire control district 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 referred to as "disability retirement."
PART B. FILING WITH THE DIVISION OF RETIREMENT.
oltr
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
loarr
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Underlined passages are added.
2000 -0 -18 2
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
' PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by and Second by , the vote on the
first reading of this ordinance held on , 2000, is as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
'`"' Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by and Second by ' , the vote on the
second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
N ow Councilwoman Judy Lichter
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Underlined passages are added.
2000-0-18 3
PASSED AND DULY ADOPTED this day of , 2000.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
Robin L. Matusick
Legal Assistant
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2000 -0 -18 4
AGENDA REQUEST
Date: August 14, 2000
,�, PUBLIC
HEARING RESOLUTIONS ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Ord. No. 2000 -0 -14, establishing compliance with statutory changes to Chapter 185 of the
Florida Statutes, and amends Ord. No. 99 -0 -08, which restated the Police Pension Plan.
BACKGROUND:
The pension company requested clarification of several sections in the restatement of the Police
Pension Plan. Ord. No. 2000 -0 -14 makes those clarifications, while at the same time complies
with the recent state law updates. Specifically, the following are addressed:
Effective October 1, 1999 for active participants only:
1. Normal retirement date/age is changed to the earlier of age 55 with 5 years of credited service
or 20 years of credited service at any age.
err 2. A change in the accrued benefit formula as follows: (a) 2% of average compensation multiplied
by accrued service up to 10- 01 -87. (b) 3% of average compensation multiplied by accrued
service after 10- 01 -87.
3. Employee contributions will be equal to 6% of his compensation.
4. Early retirement changed to age 50 with 5 years of credited service. The early reduction factor
is 3% per year prior to normal retirement.
5. Change the normal form of retirement to 10 years certain and life.
6. Change the Service Connected Disability benefits to 42% and strictly comply with Chapter 99-
1 with one exception: allow the option to select the current provision of delaying the normal form
(10 years certain and life) until normal retirement.
7. All decisions and matters relating to an individual's qualification for disability benefits shall be
the sole responsibility of the Pension Board.
8. The Death Benefits section is amended to comply with Chapter 99 -1; however, applies to 5
years of service rather than 10.
9. Add the 75% survivorship as an annuity option. Also change joint annuitants language to
comply with Chapter 185.161(1)(b) and 185.341.
10. Remove the three month eligibility for participation requirement for police officers per
Chapter 185.
%iv 11. Reference to military duty should be adjusted to refer to the Uniform Service employment and
Re- Employment Rights Act codified as 38 USC 4301 -4333 and Chapter 185.
12. The Plan Administrator is the Board of Trustees of the Edgewater Police Pension Board.
13. Termination of Plan language complies with requirements of Chapter 185.361.
14. Change the small amounts to less than $5,000.
STAFF RECOMMENDATION:
It is recommended that this ordinance be adopted.
ACTION REQUESTED:
Approval of Ordinance No. 2000 -0 -14
FINANCIAL IMPACT (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO
DATE: 4 - - 0 () AGENDA ITEM NO.
Respectfully submitt- • Concurrence:
Deborah Sigler, CriK 0_411
Personnel Director Legal Review
Now
Kenneth R. Hooper \
City Manager
Now
1
.
ORDINANCE NO. 2000 -0 -14
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; AMENDING ORDINANCE 99 -0 -08
4•110, OF THE CITY OF EDGEWATER, FLORIDA, MODIFYING
THE POLICE RETIREMENT PLAN; BY AMENDING
ARTICLE I (FORMAT AND DEFINITIONS) SECTION 1.02
( DEFINITIONS); ARTICLE II (PARTICIPANT) SECTION 2.01
(ACTIVE PARTICIPANT); ARTICLE III (CONTRIBUTIONS)
SECTIONS 3.O1A (REQUIRED CONTRIBUTIONS BY
PARTICIPANTS) AND 3.02 (INVESTMENT OF
CONTRIBUTIONS); ARTICLE IV (RETIREMENT
BENEFITS) SECTIONS 4.01 (ACCRUED BENEFIT), 4.02
(BENEFIT LIMITATION) AND 4.03 (AMOUNT OF BENEFIT
AT RETIREMENT); ARTICLE V (OTHER BENEFITS)
SECTIONS 5.01 (DEATH BENEFITS) AND SECTION 5.03
(DISABILITY BENEFITS); ARTICLE VI (WHEN BENEFITS
START AND DISTRIBUTION OF BENEFITS) SECTION 6.03
(OPTIONAL FORMS OF DISTRIBUTION AND
DISTRIBUTION REQUIREMENTS); ARTICLE VII
(TERMINATION OF PLAN); ARTICLE VIII
(ADMINISTRATION OF PLAN) SECTION 8.01 (BOARD OF
wrr TRUSTEES) AND ARTICLE IX (GENERAL PROVISIONS)
SECTION 9.10 (SMALL AMOUNTS); PROVIDING FOR THE
FILING WITH THE DIVISION OF RETIREMENT OF THE
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDI FOR
AN EFFECTIVE DATE AND FOR ADOPTION. r
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On September 13, 1999, Council adopted Ordinance Number 99 -0 -08 which restated
and clarified the Police Officers' Pension Fund.
2. On adoption of Ordinance No. 99 -0 -08 the earlier restatement and clarification of the
Police Officer's Pension Fund contained in Ordinance No. 97 -0 -01 was repealed.
3. Florida Legislature passed Chapter 99 -1 of the Florida Laws, which amended Chapter
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2000 -0 -14 1
185, of the Florida Statutes creating minimum requirements for local Police Officer Pension Plans.
4. Chapter 99 -1 of the Florida Laws requires that Specific State contributions be used
_• to comply with these minimum requirements and that the City of Edgewater has received an amount
of $11,290.00 in these specific funds.
5. The Principal Financial Group has provided an actuarial cost estimate of the required
change, which indicates that the above amount is adequate to fund the required changes.
6. In an effort to comply with the current requirements contained in Chapter 185, Florida
Statutes, it is necessary to modify our Police Officers' Pension Fund accordingly.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. AMENDMENT OF ORDINANCE NO. 99-0-08
Ordinance No. 99 -0 -08 is amended as follows:
ARTICLE I FORMAT AND DEFINITIONS
SECTION 1.02 DEFINITIONS.
ACCRUAL SERVICE means the total of an Employee's Continuous Service, expressed as whole
years and fractional parts of a year (to two decimal places) on the basis that 365 days equal one year.
Such total shall equal one year. Such total shall be equal to the period from his Employment
Commencement Date to the date of determination.
However, Accrual Service is modified as follows:
Period of Military Duty included:
A Period Military Duty shall be included as service with the Employer to the extent it has not
already been credited.
ACCRUED BENEFIT means the amount of monthly retirement benefit on the Normal Form accrued
by an Active Participant as of any date. See the ACCRUED BENEFIT SECTION of Article IV.
passages are deleted.
Underlined passages are added.
2000 -0 -14 2
ACTIVE PARTICIPANT means an Eligible Employee who is actively participating in the Plan
according to the provisions in the ACTIVE PARTICIPANT SECTION of Article II.
ACTUARIAL EQUIVALENT means equality in the value of the aggregate amounts expected to be
received under different forms of payment based on the rates determined below. The amount of each
payment under an optional form shall be determined by multiplying the amount payable on the
Normal Form by the ration of (a) the purchase rate available under Group Contract GA 59448 for
the Normal Form, to (b) the purchase rate available under such Group Contract for the optional form
at the time benefits are determined. The benefit from a single sum on an optional form shall be the
Actuarial Equivalent of the benefit payable on the Normal Form based on the purchase rates
available under such Group Contract. This is a variable standard of actuarial equivalence which
precludes employer discretion except as provided in the AMENDMENTS SECTION of Article IX.
On and after March 1, 1992, these applicable rates will be determined using the rates of interest and
mortality (weighted .65 male and .35 female) used (as of the Annuity Starting Date) by the Pension
Benefit Guaranty Corporation for a trusteed single - employer plan to value a benefit upon termination
of an insufficient trusteed single- employer plan. In the event the basis for determining Actuarial
Equivalent is changed, Actuarial Equivalent of the Participant's Accrued Benefit on and after the
date of the change shall be determined as the greater of (a) the Actuarial Equivalent of the Accrued
Benefit as of the date of the change computed on the old basis, or (b) the Actuarial Equivalent of the
total Accrued Benefit computed on the new basis.
ANNUITY STARTING DATE means, for a Participant, the first day of the first period for which
,,,, an amount is paid as an annuity or any other form.
AVERAGE COMPENSATION means, on any given date, the average of an Employee's Monthly
Compensation for those three Compensation Years (all Compensation Years, if less than three)
which give the highest average out of the five latest Compensation Years (all Compensation Years,
if less than five) before the earlier of such given date, or his Normal Retirement Date.
In computing Average Compensation on any given date before the first Yearly Date in 1994, the Plan
will include only Compensation Years ending before such given date. In computing Average
Compensation on any given date on or after the first Yearly Date in 1994, the Plan will exclude
Compensation Years in which the Employee terminates employment with the Employer.
BENEFICIARY means the person or persons named by a Participant to receive any benefits under
this Plan upon the Participant's death. See the BENEFICIARY SECTION of Article IX.
CODE means the Internal Revenue Code of 1986, as amended.
COMPENSATION means, except as modified in this definition, the total earnings paid or made
',,w available to an Employee by the Employer during any specified period.
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2000 -0 -14 3
"Earnings" in this definition means all wages as reported in the wages, tips and other compensation
box on form W -2 for Federal income tax withholding purposes, as defined under Code Section
3401(a) (for purposes of income tax withholding at the source), disregarding any rules limiting the
remuneration included as wages based on the nature or location of the employment or the services
.,,, performed. Earnings also include all other payments to an Employee in the course of the Employer's
trade or business, for which the Employer must furnish the Employee a written statement under Code
Section 6041(d) and 6051(a)(3).
Compensation shall also include elective contributions. Elective contributions are amounts
excludable from the Employee's gross income under Ccode Sections 125, 402(a)(8), 402(h) or
403(b), and contributed by the Employer, at the Employee's election, to a Code Section 401(k)
arrangement, a simplified employee pension, cafeteria plan or tax - sheltered annuity. Elective
contributions also include Compensation deferred under a Code Section 457 plan maintained by the
Employer and Employee contributions "picked up" by a governmental entity and, pursuant to Code
Section 414(h)(2), treated as Employer contributions.
COMPENSATION YEAR mans a one -year period ending on June 30. Before the first Yearly Date
in 1994, Compensation Year means a one -year period ending on the June 30 immediately before an
Employee's Entry Date and ending on the same date of each following year on which he is an Active
Participant.
CONTINGENT ANNUITANT means an individual named by the Participant to receive a lifetime
N„„ benefit after the Participant's death according to a survivorship life annuity form of distribution.
CONTINUOUS SERVICE means, for a Participant, any period of uninterrupted service with the
Employer.
For purposes of this definitions, no interruption in service will occur because of approved periods
of absence from the Employer due to temporary lay -off; leave of absence (not to exceed one year),
of a temporary absence due to illness or injury.
CONTRIBUTIONS means
Employer Contributions
Required Contributions
State Contributions
Other Contributions
as set out in Article III, unless the context clearly indicates otherwise.
``r DIRECT ROLLOVER means a payment by the Plan to the Eligible Retirement Plan specified by the
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2000 -0 -14 4
Distributee.
DISTRIBUTEE means the Employee or former Employee. In addition, the Employee's or former
Employee's surviving spouse and the Employee's or former Employee's spouse of former spouse
4•11, who is the alternative payee under a qualified domestic relations order, as defined in Code Section
414(p), are Distributees with regard to the interest of the spouse or former spouse.
EARLY RETIREMENT DATE, means the earliest first day of the month on or after the Participant
reaches the age of fifty (50) and attains five (5) years of service with the Employer.
ELIGIBLE RETIREMENT PLAN means an individual retirement account described in Code Section
408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described
in Code Section 403(a) or a qualified trust described in Code Section 401(a), that accepts the
Distributee's Eligible Rollover Distribution.
However, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible
Retirement Plan is an individual retirement account or individual retirement annuity.
ELIGIBLE ROLLOVER DISTRIBUTION means any distribution of all or any portion of the balance
to the credit of the Distributee, except that an Eligible Rollover Distribution does not include:
(a) Any distribution that is one of a series of substantially equal periodic payments (not less
frequently than annually) made for the life (or life expectancy) of Distributee or the joint
lives (or joint life expectancies) of the Distributee and the Distributee's designated
Beneficiary, or for a specified period of ten years or more.
(b) Any distribution to the extent such distribution is required under Code Section 401(a)(9).
(c) The portion of any distribution that is not includible in gross income (determined without
regard to the exclusion for net unrealized appreciate with respect to employer securities).
EMPLOYEE means an individual who is employed by the Employer.
EMPLOYER means the Primary Employer.
EMPLOYER CONTRIBUTIONS means contributions made by the Employer to fund this Plan. See
the EMPLOYER CONTRIBUTIONS SECTION of Article III.
ENTRY DATE means the date an Employee first enters the Plan as an Active Participant. See the
ACTIVE PARTICIPANT SECTION of Article II.
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2000 -0 -14 5
FISCAL YEAR means the Primary Employer's accounting year. The last day of the Fiscal Year is
September 30.
FUND means the Trust Fund established herein as part of the Plan.
ti
GROUP CONTRACT means the group annuity contract or contracts into which the City of
Edgewater Police Retirement Plan Board of Trustees enters with the Insurer for the investment of
Contributions and the payment of benefits under this Plan. The term Group Contract as it is used
in this Plan is deemed to include the plural unless the context clearly indicates otherwise.
INACTIVE PARTICIPANT means a former Active Participant who has an Accrued Benefit. See
the INACTIVE PARTICIPANT SECTION of Article II.
INSURER means Principal Mutual Life Insurance Company and any other insurance company or
companies named by the Board of Trustees.
INVESTMENT MANAGER means any fiduciary (other than a trustee)
(a) who has the power to manage, acquire, or dispose of any assets of the Plan; and
(b) who (1) is registered as an investment adviser under the Investment Advisers Act of 1940,
or (2) is a bank, a s defined in the Investment Advisers Act of 1940, or (3) is an insurance
company qualified to perform services described in subparagraph (a) above under the laws
of more than one state.
LATE RETIREMENT DATE means the first day of any month which is after a Participant's Normal
Retirement Date and on which retirement benefits begin. If a Participant continues to work for the
Employer after his Normal Retirement Date, his Late Retirement Date shall be the earliest first day
of the month on or after he ceases to be an Employee. See the WHEN BENEFITS START
SECTION of Article VI.
MONTHLY COMPENSATION means, for any Compensation Year, 1 /12th of an Employee's
Compensation for such year.
To determine Monthly Compensation if an Employee is an Employee for only part of a
Compensation Year, his Compensation for that Compensation Year shall be converted to an annual
basis as though he were employed for the full Compensation Year.
MONTHLY DATE means each Yearly Date and the same day of each following month during the
Plan Year beginning on such Yearly Date.
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Underlined passages are added.
2000 -0 -14 6
1
NORMAL FORM means a sty ai (10) year certain and life annuity.
NORMAL RETIREMENT DATE means the earliest first day of the month on or after the date of
the Participant reaches the earlier of (i) age 55 and the date he completes 5 years of credited service
4410. with the Employer or (ii) the date he completes 20 years of credited service with the Employer.
Unless otherwise provided in this Plan, a Participant's retirement benefits shall begin on his Normal
Retirement Date if he has ceased to be an Employee on such date. See the WHEN BENEFITS
START SECTION of Article VI.
OTHER CONTRIBUTIONS means contributions from persons or entities other than the State of
Florida, City of Edgewater, of Plan Participants.
PARTICIPANT means either an Active Participant or an Inactive Participant.
PARTICIPANT CONTRIBUTIONS means with Required Contributions as set out in Article III.
PERIOD OF MILITARY DUTY means, for an Employee.
(a) who served as a member of the armed forces of the United States, and
(b) who was reemployed by the Employer at the time when the Employee had a right to
reemployment in accordance with seniority rights as protected under
*sr 2026 of Titic 38 of the U. S. Codc, the Uniformed Services Employment and
ReemployementAct (USERRA) Section 4301 through 4333 of Title 38 of the U. S. Code
and Chapter 185 of the Florida Statutes,
the period of time from the date the Employee was first absent from active work for the Employer
because of such military duty to the date the Employee was reemployed.
PLAN means the defined benefit retirement plan of the Employer set forth in this document,
including any later amendments to it.
PLAN ADMINISTRATOR means the person or persons who administer the Plan.
The Plan Administrator is the City of Edgewater Police Retirement Plan Board of Trustees. See the
BOARD OF TRUSTEES SECTION of Article VIII.
PLAN PARTICIPATION means the period of time during which a Participant has been an Active
Participant.
v PLAN YEAR means a period beginning on a Yearly Date and ending on the day before the next
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2000 -0 -14 7
Yearly Date.
PRESENT VALUE means the current value of a benefit payable on a specified form and on a
specified date. The Present Value of any benefit under the terms of this Plan will be the actuarial
equivalent of the benefit payable on the Normal Form. Actuarial equivalence shall be determined
on the basis of the mortality rates specified in the definition of Actuarial Equivalent, and either the
interest rate(s) specified in the definition of Actuarial Equivalent or the Code Section 417 interest
rate(s), whichever produces the great benefit.
In addition, the amount of any distribution under the terms of this Plan will be determined in
accordance with the preceding paragraph.
The two preceding paragraphs shall not apply to the extent they would cause the Plan to fail to satisfy
the requirements of the BENEFIT LIMITATION SECTION of Article IV.
The Code Section 417 interest rate(s) are:
(a) the applicable interest rate if the Present Value of the benefit (using such rate(s)) is not in
excess of $25,000; or
(b) 120 percent of the applicable interest rate if the Present Value of the benefit exceeds $25,000
(as determined under (a) above). In no event shall the Present Value determined under this
(b) be less than $25,000.
The applicable interest rate is the interest rate(s) which would be used (as of the Annuity Starting
Date) by the Pension Benefit Guaranty Corporation for a trusteed single - employer plan to value a
benefit upon termination of an insufficient trusteed single - employer plan.
Before March 1, 1992, Present Value is determined in accordance with the provisions of the Plan
as in effect on September 30, 1989.
PRIMARY EMPLOYER means City of Edgewater, Florida.
QUALIFIED JOINT AND SURVIVOR FORM means, for a Participant who has a pousc
designated a beneficiary, an immediate survivorship life annuity, where the survivorship percentage
is 50% •. • . • =. • • ' ... of the accrued benefit of the
Participant. If a Participant does not have a spouse designated beneficiary or a contingent
beneficiary, the Qualified Joint and Survivor Form shall become part of the
Participant's estate.
This Qualified Joint and Survivor Form shall be at least the Actuarial Equivalent of any form of
Gt,uLk tluvu passages are deleted.
Underlined passages are added.
2000 -0 -14 8
•
•
benefit offered under the Plan.
QUALIFIED PRERETIREMENT SURVIVOR ANNUITY means a straight life annuity payable to
the surviving spouse beneficiary of a Participant who dies before his Annuity Starting Date. Benefits
••• shall be determined as if the Participant had ceased to be an Employee on the date of his death (date
•
he last ceased to be an Employee, if earlier) and survived to the date benefits become payable tot he
spouse and retired on that date. The monthly benefit payable to the spouse beneficiary shall be
equal to the survivorship percentage of the retirement benefit that would have been payable to the
Participant if his Retirement Date had occurred on the date benefits start to the spouse beneficiary
and he had retired under the Qualified Joint and Survivor Form. If the Participant elects a
survivorship annuity (where the survivorship percentage is at least 50% and the Contingent
Annuitant is the Participant's spouse beneficiary) and which is at least the Actuarial Equivalent of
the Qualified Joint and Survivor Form for purposes of determining the Qualified Preretirement
Survivor Annuity.
REENTRY DATE means the date a former Active Participant reenters the Plan. See the ACTIVE
PARTICIPANT SECTION of Article II.
REQUIRED CONTRIBUTIONS means nondeductible contributions required from a Participant in
order to participate in this Plan. See the REQUIRED CONTRIBUTIONS BY PARTICIPANTS
SECTION in Article III.
New REQUIRED CONTRIBUTION ACCOUNT means, on any date, the total of a Participant's Required
Contributions. A Participant's Required Contribution Account shall be reduced by the amount of
any distribution of his Required Contribution Amount.
RETIREMENT DATE means the date a retirement benefit will begin and is a Participant's Early,
Normal or Late Retirement Date, as the case may be.
SOCIAL SECURITY RETIREMENT AGE means age 65 in the case of a Participant attaining age
62 before January 1, 2000 (i.e., born before January 1, 1938), age 66 for a Participant attaining age
62 after December 31, 1991, and before January 1, 2017 (i.e., born after December 31, 2016 (i.e.,
born after December 31, 1954).
STATE CONTRIBUTIONS means the net proceeds of the one percent excise tax which may be
imposed by the City of Edgewater, Florida upon certain casualty insurance companies on their gross
receipts of premiums from holders of policies, which policies cover property within the corporate
limits of the City of Edgewater, Florida.
TEFRA means the Tax Equity and Fiscal Responsibility Act of 1982.
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Underlined passages are added.
2000 -0 -14 9
•
•
TEFRA COMPLIANCE DATE means the date a plan is to comply with the provisions of TEFRA.
The TEFRA Compliance Date as used in this Plan is,
(a) for purposes of benefit limitation, Code Section 415,
(1) if the plan was in effect on July 1, 1982, the first day of the first limitation year which
begins after December 31, 1982, or
(2) if the plan was not in effect on July 1, 1982, the first day of the first limitation year
which ends after December 31, 1982, or
(b) for all other purposes, the first Yearly Date after December 31, 1983.
TOTALLY AND PERMANENTLY DISABLED means a Police Officer is considered Disabled
when he or she becomes totally and permanently unable to perform usual and efficient service as a
Police Officer. A written application is made to the Board of Trustees for a Disability Pension and
the Board decides whether or not the pension is to be granted.
VESTING PERCENTAGE means the percentage used to determine that portion of a Participant's
Accrued Benefit resulting from Employer Contributions which is nonforfeitable (cannot be lost since
it is vested).
N A Participant's Vesting Percentage is shown in the following schedule opposite the number of whole
years of his Plan Participation.
PLAN PARTICIPATION VESTING
(whole years) PERCENTAGE
Less than 5 0
5 or more 100
However, the Vesting Percentage for a Participant who is an Employee on or after the earlier of (i)
the date he reaches his Normal Retirement Date or (ii) the date he meets the requirement(s) for an
Early Retirement Date, shall be 100% on such date.
VOLUNTARY DISCONTINUANCE DATE means the date a Participant fails or refuses to make
a Required Contribution.
YEARLY DATE means February 1, 1978, and each following October 1.
`'rr► YEARS OF SERVICE means an Employee's Continuous Service disregarding any modifications
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2000 -0 -14 10
A
which exclude service.
Nohow ARTICLE II PARTICIPATION
SECTION 2.01 ACTIVE PARTICIPANT.
(a) An Employee shall first become an Active Participant (begin active participation in the Plan)
on the earliest Monthly Date on or after October 1, 1989, on which he is an Eligible
Employee and has met the eligibility requirements below. This date is his Entry Date.
(1) He has-been becomes an Employee for-three-months of the City.
(2) IIc is agc 18 or oldei.
Each Employee who was an Active Participant under the Plan on September 30, 1989, shall
continue to be an Active Participant if he is still an Eligible Employee on October 1, 1989,
and his Entry Date will not change.
(b) An Inactive Participant shall again become an Active Participant (resume active participation
in the Plan) on the date he again becomes an Eligible Employee. This date is his Reentry
_,, Date.
Upon again becoming an Active Participant, he shall cease to be an Inactive Participant.
(c) A former Participant shall again become an Active Participant (resume active participation
in the Plan) on the date he again becomes an Eligible Employee. This date is his Reentry
Date.
There shall be no duplication of benefits for a Participant under this Plan because of more
than one period as an Active Participant.
ARTICLE III CONTRIBUTIONS
SECTION 3.O1A REQUIRED CONTRIBUTIONS BY PARTICIPANTS.
Each Eligible Employee shall make Required Contributions as of the date he enters the Plan.
These Contributions shall be made for each pay period in which he is an Eligible Employee.
%my The amount of each Contribution will be equal to 1% 6% of his Compensation for the pay
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2000 -0 -14 11
4
period.
A Participant shall not make Required Contributions during any period he is receiving
disability payments under the DISABILITY BENEFITS SECTION of Article V or, on or after his
40.0 Normal Retirement Date.
The Participant's Required Contribution Account is fully (100 %) vested and nonforfeitable
at all times.
SECTION 3.02 INVESTMENT OF CONTRIBUTIONS.
A. As part of the Plan, there is hereby established the Fund, into which shall be deposited all of
the contributions and assets whatsoever attributable to the Plan.
B. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the
Board of Trustees. Payment of benefits and disbursements from the Fund shall be made by
the disbursing agent but only upon written authorization from the Board.
C. All funds and securities of the Plan may be deposited by the Board with the Finance Director
of the City of Edgewater, acting in a ministerial capacity only, who shall be liable in the same
manner and to the same extent as he is liable for the safekeeping of funds of the City.
However, any funds and securities so deposited with the Finance Director of the City shall
Now be clearly identified as such funds and securities of the Police Officer's Retirement Plan.
D. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the
services of a custodian bank, an investment advisor registered under the Investment Advisors
Act of 1940 or otherwise exempt from such required registration, an insurance company, or
a combination of these, for the purpose of investment decisions and management. Such
investment manager shall have discretion, subject to any guidelines as prescribed by the
Board, in the investment of all Fund assets.
E. All funds and securities of the Plan may be commingled in the Fund, provided that accurate
records are maintained at all times reflecting the financial composition of the Fund, including
accurate current accounts and entries as regards the following:
1. Current amounts of Accumulated Contributions of Participants on both an individual
and aggregate account basis, and
2. Receipts and disbursements, and
_ tur 3. Benefit payments, and
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2000 -0 -14 12
4. Current amounts clearly reflecting all monies, funds and assets whatsoever
attributable to contributions and deposits from the City, and
5. All interest, dividends and gains (or losses) whatsoever, and
6. Such other entries as may be properly required so as to reflect a clear and complete
financial report of the Fund.
F. The Board shall be vested with full legal title to said Fund, subject however, and in any event
to the authority and power of the City of Edgewater City Council to amend or terminate this
Fund, provided that no amendment or Fund termination shall ever result in the use of any
assets of this Fund except for the payment of regular expenses and benefits under this Plan,
except as otherwise provided herein. All contributions from time to time paid into the Fund,
and the income thereof, without distinction between principal and income, shall be held and
administered by the Board or its agent in the Fun and the Board shall not be required to
segregate or invest separately any portion of the Fund.
G. All monies paid into or held in the Fund shall be invested and reinvested by the Board in
accordance with the Board's duly adopted Investment Policy, which shall comply with the
provisions of Section 185.06 of the Florida Statutes., but the investment of all or any part of
such funds shall be limited to the following and those provisions of Section 185.06 of the
low
Florida Statutes:
1. Annuity and life insurance contract with life insurance companies in amounts
sufficient to provide, in whole or in part, the benefits to which all of the Participants
in the Fund shall be entitled under the provisions of this Plan and pay the initial and
subsequent premium thereon.
2. Time or savings accounts of a national bank, a state bank or a savings/building and
loan association insures by the Federal Deposit Insurance Corporation.
3. Obligations of the United States or obligations guaranteed as to principal and interest
by the government of the United States.
4. Bonds issued by the State of Israel.
5. Bonds, stocks, commingled funds administered by National or State Banks or
evidence of indebtedness issued or guaranteed by a corporation organized under the
laws of the United States, any state or organized territory of the United States, or the
''— District of Columbia, provided that the security of the corporation is traded on a
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2000 -0 -14 13
nationally recognized exchange and holds a rating or ranking in one of the three
highest classifications by a major rating service.
6. Real Estate.
7. The Board of Trustees shall not invest more than five (5) percent of its assets in the
common stock or capital stock of any one issuing company, nor shall the aggregate
investment in any one issuing company exceed five (5) percent of the outstanding
capital stock of the company nor the aggregate of its investment under this
subparagraph at cost exceed thirty (30) percent of the Fund's assets.
H. The Board may retain in cash and keep unproductive of income such amount of the Fund as
it may deem advisable, having regard for the cash requirements of the Plan.
I. The Board may cause any investment in securities held by it to be registered in or transferred
into its name as Trustee or into the name of such nominee as it may direct, or it may retain
them unregistered and in a form permitting transferability, but the books and records shall
at all times show that all investments are part of the fund.
J. The Board is empowered to exercise any of the powers of an owner with respect to stocks,
bonds, or other investments comprising the Fund which it may deem to be to the best interest
of the Fund to exercise.
yr
K. The Board shall not be required to make any inventory or appraisal or report to any court, nor
to secure any order of a court for the exercise of any power contained herein.
ARTICLE IV RETIREMENT BENEFITS
SECTION 4.02 ACCRUED BENEFIT.
An Active Participant's monthly Accrued Benefit as of any date, subject to the modifications
below, will be equal to the product of (a) and (b) below:
2% of average compensation multiplied by accrued service up to 10/01/1987.
(b) I lis A. crual Sci vicc oa such date
3% of average compensation multiplied by accrued service after 10/01/1987.
SECTION 4.02 BENEFIT LIMITATION.
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2000 -0 -14 14
(a) To determine the benefit limitation set forth in this section, the following terms are defined:
Aggregate Annual Addition mean, for a Participant with respect to any Limitation Year, the sum of
his Annual Additions under all defined contribution plans of the employer, as defined in this section.
*,, The nondeductible participant contributions which the Participant makes to a defined benefit plan
shall be treated as Annual Additions to a defined contribution plan. The Contributions the Employer,
as defined in this section, made for the Participant for a Plan Year beginning on or after March 31,
1984, to an individual medical benefit account, as defined in Code Section 415(1)(2), under a
pension or annuity plan of the Employer, as defined in this section, shall be treated as Annual
Additions to a defined contribution plan. Also, amounts derived from contributions paid or accrued
after December 31, 1985, in Fiscal Years ending after such date, which are attributable to post -
retirement medical benefits allocated to the separate account of a key employee, as defined in Code
Section 419A(d)(3), under a welfare benefit fund, as defined in code Section 419(3), maintained
by the Employer, as defined in this section, are treated as Annual Additions to a defined contribution
plan. The 25% of Compensation limit under Annual Addition does not apply to Annual Additions
resulting from contributions made to an individual medical account, as defined in Code Section
415(1)(2), or to annual Additions resulting from contributions for medical benefits, within the
meaning of Ceode Section 419A, after separation from service.
Annual Addition means the amount added to a Participant's account for any Limitation Year under
this Plan or another retirement plan maintained by the Employer, as defined in this section, which
may not exceed a maximum permissible amount of the lesser of (1) or (2) below:
(1) The greater of $30,000 or one -fourth of the maximum dollar limitation which applies to the
defined benefit plans. (Before the TEFRA Compliance Date, $25,000 multiplied by the cost
of living adjustment factor permitted by Federal regulations.)
(2) 25% of his Compensation, as defined in this section, for such Limitation Year.
The amount in (1) above shall not be adjusted before January 1, 1988.
The Annual Addition under any plan for a Participant with respect to any Limitation Year, shall be
equal to the sum of (3) and (4) below:
(3) Employer contributions and forfeitures credited to his account for the Limitation Year.
(4) Participant contributions made by him for the Limitation Year.
Before the first Limitation Year beginning after December 31, 1986, the amount under (4) above is
the lesser of (i) Y2 of his nondeductible participant contributions made for the Limitation Year, or (ii)
`rrw the amount, if any, of his nondeductible participant contributions made for the Limitation Year
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2000 -0 -14 15
which is in excess of six percent of his Compensation, as defined in this section, for such Limitation
Year.
Annual Benefit means a retirement benefit under the Plan payable annually in the form of a straight
,,,, ten (10) year certain and life annuity or a survivor annuity. Except as provided -below; where a
Participant's benefit that is payable in a form other than a stial ten (10) year certain and life
annuity shall be adjusted to the Actuarial Equivalent stiai ht ten (10) year certain and life annuity
before applying the limitations of this section. The interest rate assumption used to determine the
Actuarial Equivalent shall not be less than five percent.
Compensation means compensation as defined in Article I.
For purposes of applying the limitations of this section, Compensation for a Limitation Year is the
Compensation actually paid or made available during such Limitation Year.
Current Accrued Benefit means a Participant's Accrued Benefit under the Plan, determined as if the
Participant had separated from service as of the close of the last Limitation Year beginning before
January 1, 1987, when expressed as an annual benefit within the meaning of Code Section 415(b)(2).
In determining the amount of a Participant's Current Accrued Benefit, the following shall be
disregarded:
(1) any change in the terms and conditions of the plan after May 5, 1986; and
Now
(2) any cost of living adjustments occurring after May 5, 1986.
Defined Benefit Dollar Limitation means $90,000 (before the TEFRA Compliance Date, $75,000
adjusted by the cost of living adjustment factor permitted by Federal regulations). Effective on
January 1, 1988, and each January 1 thereafter, the $90,000 limitation above will be automatically
adjusted by multiplying such limit by the cost of living adjustment factor prescribed by the Secretary
of the Treasury under Code Section 415(d) in such manner as the Secretary shall prescribe. The new
limitation shall apply to Limitation Years ending within the calendar year of the date of the
adjustment.
Defined Benefit Plan Fraction means, for a Participant with respect to a Limitation Year, the
quotient, expressed as a decimal, of
(1) the Participant's Project Annual Benefit as of the close of such Limitation Year under all
defined benefit plans ever maintained by the Employer, as defined in this section, divided by
(2) on and after the TEFRA Compliance Date, the lesser of (i) or (ii) below:
Now
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2000 -0 -14 16
(i) 1.25 multiplied by the dollar limitation determined for the Limitation Year under
Code Sections 415(b) and (d) and in accordance with (3) in the definition of
Maximum Permissible Amount, or
New
(ii) 1.4 multiplied by the Participant's Highest Average Compensation,
including any adjustments under Code Section 415(b).
Before the TEFRA Compliance Date this denominator is the Participant's Projected Annual
Benefit as of the close of the Limitation Year if the plan(s) provided in the maximum benefit
allowable.
The Defined Benefit Plan Fraction shall be modified as follows:
If the Participant was a participant as of the first day of the first Limitation Year beginning after
December 31, 1986, in one or more defined benefit plans maintained by the Employer, as defined
in this section, which were in existence on May 6, 1986, the denominator of this fraction will not be
less than 125 percent of the sum of the Annual Benefit and the annual benefits from such plan(s)
which the Participant had accrued as of the close of the last Limitation Year beginning before
January 1, 1987, disregarding any changes in the terms and conditions of the plans after May 5, 1986.
The preceding sentence applies only if the defined benefit plans individually and in the aggregate
satisfied the requirements of Code Section 415 for all limitation years beginning before January 1,
__ 1987.
Defined Contribution Plan Fraction means, with respect to a Limitation Year for a Participant who
is or has been a participant in a defined contribution plan ever maintained by the Employer, as
defined in this section, the quotient, expressed as a decimal, of
(1) the Participant's Aggregate Annual Additions for such Limitation Year and all prior
Limitation Years, under all defined contribution plans (including the Aggregate Annual
Additions attributable to nondeductible accounts under defined benefit plans and attributable
to all welfare benefit funds, as defined in Code Section 419(e)) and attributable to individual
medical accounts, as defined in Code Section 415(1)(2) ever maintained by the Employer,
as defined in this section, divided by
(2) on and after the TEFRA Compliance Date, the sum of the amount determined for the
Limitation Year under (i) or (ii) below, whichever is less, and the amounts determined in the
same manner for all prior Limitation Years during which he has been an Employee or an
employee of a predecessor employer:
view (i) 1.25 multiplied by the greater of $30,000 or one -fourth of the maximum dollar
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2000 -0 -14 17
limitation which applies for defined benefit plans determined under Code Sections
415(b) and (d), or
(ii) 1.4 multiplied by 25% of the Participant's Compensation, as defined in this section,
for each such Limitation Year.
Before the TEFRA Compliance Date, this denominator is the sum of the maximum allowable
amount of Annual Addition to his account(s) under all the plan(s) of the Employer, as
defined is this section, for each such Limitation Year.
The Defined Contribution Plan Faction shall be modified as follows:
If the Participant was a participant as of the first day of the first Limitation Year beginning after
December 31, 1986, in one or more defined contribution plans maintained by the Employer, as
defined in this section, which were in existence on May 6, 1986, the numerator of this fraction shall
be adjusted if the sum of the Defined Contribution Plan Fraction and Defined Benefit Plan Fraction
would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, the dollar amount
determined below shall be permanently subtracted from the numerator of this fraction. The dollar
amount is equal to the excess of the sum of the two fractions, before adjustment, over 1.0 multiplied
by the denominator of his Defined Contribution Plan Fraction. The adjustment is calculated using
his Defined Contribution Plan Fraction and Defined Benefit Plan Fraction as they would be
computed as of the end of the last Limitation Year beginning before January 1, 1987, and
disregarding any changes in the terms and conditions of the plans made after May 5, 1986, but using
the Code Section 415 limitation applicable to the first Limitation Year beginning on and after
January 1, 1987.
The annual addition for any Limitation Year beginning before January 1, 1987, shall not be
recomputed to treat all employee contributions as Annual Additions.
For a plan that was in existence on July 1, 1982, for purposes of determining the Defined
Contribution Plan Fraction for any Limitation Year ending after December 31, 1982, the Plan
Administrator may elect in accordance with the provisions of Code Section 415 that the denominator
for each Participant, for all Limitation Years ending before January 1, 1983, will be equal to
(1) the Defined Contribution Plan Fraction denominator which would apply for the last
Limitation Year ending in 1982 if an election under this paragraph were not made, multiplied
by
(2) a fraction, equal to (i) over (ii) below:
Now (i) the lesser of (A) $51,875, or (B) 1.4, multiplied by 25% of the Participant's
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2000 -0 -14 18
Compensation, as defined in this section, for the Limitation Year ending in 1981;
(ii) the lesser of (A) $41,500, or (B) 25% of the Participant's Compensation, as defined
in this section, for the Limitation Year ending in 1981.
Now
The election described above is applicable only if the plan administrators under all defined
contribution plans of the Employer also elect to use the modified fraction.
Employer means any employer that adopts this Plan.
Highest Average Compensation means 100% of the average of a Participant's Compensation, as
defined in this section, during those three consecutive Limitation Years while he was an Employee,
Of employed less than three years) which give the highest average.
Limitation Year means the consecutive 12 -month period within which it is determined whether or
not the limitations of Code Section 415 are exceeded. Limitation Year means each 12- consecutive
month period ending on June 30. If the Limitation Year is other than the calendar year, execution
of this Plan (or any amendment to this Plan changing the Limitation Year) constitutes the Employer's
adoption of written resolution electing the Limitation Year. If the Limitation Year is changed, the
new Limitation Year shall begin within the current Limitation Year.
Maximum Permissible Amount means, for a Participant with respect to any Limitation Year, the
,ow lesser of
(1) the Defined Benefit Dollar Limitation, or
(2) his Highest Average Compensation for such Limitation Year.
The Maximum Permissible Amount shall be adjusted as follows:
(3) If the Participant has less than ten Years of Participation, the Defined Benefit Dollar
Limitation is reduced by one -tenth for each Year of Participation (or part thereof) less than
ten. If the Participant has less than ten Years of Service, the compensation limitation is
reduce by one -tenth for each Year of Service (or part thereof) less than ten. The adjustments
of this (3) shall be applied in the denominator of the Defined Benefit Plan Fraction based on
Years of Service. Years of Service shall include future years occurring before the
Participant's Normal Retirement Age. Such future years shall include the year which
contains the date the Participant reaches Normal Retirement Age, only if it can be reasonably
anticipated that the Participant will receive a Year of Service for such year.
'o,,,,, (4) If the Annual Benefit of the Participant commences before the Participant's Social Security
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2000 -0 -14 19
Retirement Age, but on or after age 62, the Defined Benefit Dollar Limitation as reduced
above, shall be determined as follows:
(i) If a Participant's Social Security Retirement Age is 65, the dollar limitation for
,,`, benefits commencing on or after age 62 is determined by reducing the Defined
Benefit Dollar Limitation by 5/9 of one percent for each month by which benefits
commence before the month in which the Participant attains age 65.
(ii) If a Participant's Social Security Retirement Age is greater than 65, the dollar
limitation for benefits commencing on or after age 62 is determined by reducing the
Defined Benefit Dollar Limitation by 5/9 of one percent for each of the first 36
months and 5/12 of one percent for each of the additional months (up to 24 months)
by which benefits commence before the months of the Participant's Social Security
Retirement Age.
(5) If the Annual Benefit of a Participant commences prior to age 62, the Defined Benefit Dollar
Limitation shall be the actuarial equivalent of an Annual Benefit beginning at age 62, as
determined above, reduced for each month by which benefits commence before the month
in which the Participant attains age 62. To determine actuarial equivalence, the interest rate
assumption is five percent. Any decrease in the defined benefit Dollar Limitation determined
in accordance with this provision (5) shall not reflect the mortality decrement to the extent
that benefits will not be forfeited upon the death of the Participant.
Nosy
(6) If the Annual Benefit of a Participant commences after the Participant's Social Security
Retirement Age, the Defined Benefit Dollar Limitation as reduced in (3) above, if necessary,
shall be adjusted so that it is the actuarial equivalent of an Annual Benefit of such dollar
limitation beginning at the Participant's Social Security Retirement Age. To determine
actuarial equivalence, the interest rate assumption used is five percent.
(7) The provisions of this definition shall be modified as provided in:
(i) Code Section 415(b)(2)(F) for governmental plans (within the meaning of Section
414(d)), plans maintained by organizations (other than governmental units) exempt
from tax under Subtitle A of the Code, and qualified merchant marine plans; and
(ii) Section 415(b)(2)(G) and 415(b)(2)(H) of the Code for Plan Participants who are
qualified police or firefighters; and
(iii) Code Section 415(b)(9) for Plan Participants who are commercial airline pilots.
— Projected Annual Benefit means a Participant's expected Annual Benefit under any defined benefit
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2000 -0 -14 20
plan(s) ever maintained by the Employer, as defined in this section. The Projected Annual Benefit
shall be determined assuming that the Participant will continue employment until the later of current
age or normal retirement age under such plan(s), and that the Participant's compensation for the
Limitation Year and all other relevant factors used to determine benefits under such plan(s) will
om remain constant for all future Limitation Years.
Year of Participation means one year (computed to fractional parts of a year) for each Plan Year for
which the following conditions are met:
(1) The Participant earns Credited Service for benefit accrual purposes, and
(2) tThe Participant is included as a Participant under the eligibility provisions of the Plan for
at least one day of the Plan Year.
If these two conditions are met, the portion of a Year of Participation credited to the
Participant shall equal the amount of Accrual Service credited to the Participant for such Plan
Year. A Participant who is totally and permanently disabled within the meaning of Code
Section 415(c)(3)(C)(i) for a Plan Year shall receive a Year of Participation with respect to
that period. In addition, for a Participant to receive a Year of Participation (or part thereof)
for a Plan Year, the Plan must be established no later than the last day of such Plan Year.
In no event will more than one Year of Participation be credited for any 12 -month period.
N (b) The Annual Benefit otherwise payable to a Participant at any time will not exceed the
Maximum Permissible Amount.
If the benefit a Participant would otherwise accrue in a Limitation Year would produce an
Annual Benefit in excess of the Limits above, the rate of accrual will be reduced so that the
Annual Benefit equals those limits.
(c) If a Participant is, or has ever been, covered under more than one defined benefit plan
maintained by the Employer, as defined in this section, the sum of the Participant's Annual
Benefit and the annual benefit(s) from such other plan(s) shall not exceed the Maximum
Permissible Amount. If such plans do not otherwise limit the annual benefits, the rate of
accrual in the plan most recently established shall be reduced to the extent necessary so that
the total of the annual benefits payable at any time under such plan(s) does not exceed the
Maximum Permissible Amount.
In the case of an individual who was a participant in one or more defined benefit plans of the
Employer, as defined in this section, as of the first day of the first limitation year beginning
after December 31, 1986, the application of the limitations of this section shall not cause the
, Maximum Permissible Amount for such individual under all such defined benefit plans to
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2000 -0 -14 21
be less than the individual's Current Accrued Benefit. The preceding sentence applies only
if such defined benefit plans met the requirements of Code Section 415, for all limitation
years beginning before January 1, 1987.
If some of the Employer's defined benefit plans were not in existence on July 1, 1982, and
some were in existence on that date, the Maximum Permissible Amount which is based on
a dollar amount may differ for a Limitation Year. The sum of the Participant' s Annual
Benefits from all such plans for the Limitation Year in which the dollar limit differs shall not
exceed the lesser of (1) his Highest Average Compensation, (2) $136,425, or (3) the greater
of $90,000 or the sum of the annual benefit(s) for such Limitation Year under the plan(s) to
which the $136,425 dollar amount applies.
(d) The limitations imposed by subsections (b) and (c) above shall not apply if, for the current
or any prior Limitation Year, the sum of the Annual Benefit payable to a Participant under
this Plan and the annual benefit(s) under all other defined benefit plans ever maintained by
the Employer, as defined in this section, does not exceed the product of (1) and (2) below:
(1) $1,000.
(2) The Participant's Years of Service or parts thereof (not to exceed ten years).
The provisions of this subsection (d) do not apply if the Employer, as defined in this section,
ever maintained a defined contribution plan (other than nondeductible employee
contributions under a defined benefit plan), a welfare benefit plan as defined in Code Section
419(e), or an individual medical account as defined in Code Section 415(1)(2) in which the
Participant participated.
(e) If a Participant is or has been a participant in both defined benefit and defined contribution
plans (including a welfare benefit fund, as defined in Code Section 419(e)), or an individual
medical account, as defined in Code Section 415(1)(2), ever maintained by the Employer,
as defined in this section, the sum of the Defined Benefit Plan Fraction and the Defined
Contribution Plan Fraction for any Limitation Year shall not exceed 1.0 (1.4 before the
TEFRA Compliance Date).
After all other limitations set out in the plans and funds have been applied, the following
limitations shall apply so that the sum of the Participant's Defined Benefit Plan Fraction and
Defined Contribution Plan Fraction shall not exceed 1.0 (1.4 before the TEFRA Compliance
Date). The Projected Annual Benefit shall be limited first. If the Participant's annual
benefit(s) equal his Projected Annual Benefit, as limited, then Annual Additions to the
defined contribution plan(s) shall be limited to amounts that will reduce the sum to 1.0 (1.4).
*Jr First, the voluntary contributions the Participant may make for the Limitation year shall be
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2000 -0 -14 22
•
limited. Next, in the case of a profit sharing plan, any forfeitures allocated to the Participant
shall be reallocated to remaining participants to the extent necessary to reduce the decimal
to 1.0 (1.4). Last, to the extent necessary, employer contributions shall be reallocated or
limited for the Limitation Year. If employer contributions are reallocated or limited, then
v•, required and optional employee contributions to which such employer contributions were
geared shall be reduced in proportion.
If, for the Limitation Year, the Participant has an Annual Addition under more than one
defined contribution plan or welfare benefit fund or individual medical account maintained
by the Employer, as defined in this section, and such plans and welfare benefit funds and
individual medical accounts do not limit the aggregate Annual Addition to the maximum
permissible amount, any reduction above shall be made first to the profit sharing plans, then
to all other such plans and welfare benefit funds and individual medical accounts and, if
necessary, by reducing first those that were most recently allocated. However, elective
deferral contributions shall be the last contributions reduced before the welfare benefit fund
or individual medical account is reduced. The annual addition to the welfare benefit fund
and individual medical accounts shall be limited last.
(f) If a Participant's annual amount of retirement benefit is reduced because he received an
earlier distribution under the Plan which is derived from the Employer Contributions, his
benefit limitation on the date the benefit is payable shall be reduced by the excess of (1) over
(2) below:
(1) The Annual Benefit that would have been payable if he had not received an earlier
distribution provided by Employer Contributions.
(2) The reduced Annual Benefit payable.
(g) If, for the Limitation Year, a Participant has an Annual Addition, the Participant's Aggregate
Annual Addition may not exceed the maximum permissible amount.
Contributions and forfeitures which would otherwise be credited to the Participant's accounts
shall be limited to the extent necessary to meet the maximum permissible amount of
Aggregate Annual Addition. Any nondeductible voluntary contributions under this Plan and
any other retirement plans shall be limited first. Next, contributions and forfeitures under
the other retirement plan(s) shall be limited or reduced according to the provisions of such
plan(s).
If, due to (Ii) an error in estimating the Participant's Compensation as defined in this section,
(ii) because forfeitures cannot be reallocated to remaining participants due to the contribution
'+tar.' limitations under such plans(s), (iii) because the amount of the forfeitures to be used to offset
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2000 -0 -14 23
employer contributions under such plan(s) is greater than the amount of the employer
contributions due for the remaining participants, or (iv) other limited facts or circumstances,
a Participant's Aggregate Annual Addition is greater than the maximum permissible amount,
such excess amount shall be applied as follows. Nondeductible voluntary contributions will
be returned to the Participant. If after the return of nondeductible voluntary contributions an
excess amount still exists, and the Participant is an active participant under the other plan(s)
as of the end of the Limitation Year, the excess amount shall be used to offset employer
contributions under such plan(s) for him in the next Limitation Year. If after the return of
nondeductible voluntary contributions an excess amount still exists, and the Participant is not
an active participant under the plan(s) as of the end of the Limitation Year, the excess
amount will be held in a suspense account under the other retirement plans which will be
used to offset employer contributions for all participants in the next Limitation Year. No
employer contributions or participant contributions that would be included in the next
Limitation Year's annual addition may be made before the total that would be included in
the next Limitation yYear's Annual Addition may be made before the total suspense account
has been used or reallocated.
SECTION 4.03 AMOUNT OF BENEFIT AT RETIREMENT.
The amount of retirement benefit to be provided on the Normal Form for an Active
Participant on his Retirement Date shall be determined according to the provisions of this section.
The monthly retirement benefit shall not decrease after the Participant's Retirement Date due to any
N increase in social security benefits that occur after he ceases to be an Employee.
An Active Participant's retirement benefit on his Early Retirement Date shall be equal to his
Accrued Benefit on his Early Retirement Date, actuarially reduced by no more than three percent
(3 %) each year prior to his NORMAL RETIREMENT DATE.
An Active Participant's retirement benefit on his Normal Retirement Date will be equal to
his Accrued Benefit on such date.
An Active Participant's retirement benefit on his Retirement Date shall be equal to his
Accrued Benefit on such specified date.
An Active Participant's retirement benefit on his Late Retirement Date shall be equal to the
greater of (a) or (b) below:
(a) His Accrued Benefit on his Late Retirement Date.
(b) His Accrued Benefit on his Normal Retirement Date, multiplied by the factor shown
— below corresponding to the number of years his Late Retirement Date follows his
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2000 -0 -14 24
Normal Retirement Date.
NUMBER OF YEARS
LATE RETIREMENT DATE
__ PRECEDES NORMAL
RETIREMENT DATE FACTOR
1 1.0600
2 1.1200
3 1.1900
4 1.2600
5 1.3400
6 1.4200
7 1.5000
8 1.5900
9 1.6900
10 1.7900
The above factors shall be prorated for a partial year (counting a partial month as a complete
month). Factors for numbers of years beyond ten shall be determined using a consistently applied
reasonable actuarially equivalent method.
Nifty __ An Active Participant's retirement benefit on the Normal Form shall not be less than the
greatest amount of benefit that would have been provided for him had he retired on any earlier
Retirement Date.
In any event, an Active Participant's retirement benefit on the Normal Form on his
Retirement Date will not be less that the monthly benefit on the Normal Form which is the Actuarial
Equivalent of his Required Contribution Account on such date.
The Participant's retirement benefits shall be distributed to the Participant according to the
distribution of benefits provisions of Article VI and the small amounts provision of the SMALL
AMOUNTS SECTION of Article IX. The amount of payment under any form (other than the
Normal Form) shall be determined as provided under the OPTIONAL FORMS OF DISTRIBUTION
AND DISTRIBUTION REQUIREMENTS SECTION of Article VI.
ARTICLE V OTHER BENEFITS
SECTION 5.01 DEATH BENEFITS.
No If a Participant dies before his Annuity Starting Date, death benefits shall be determined
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2000 -0 -14 25
under subsections (a) and (b) below.
(a) Qualified Preretirement Survivor Annuity;
4.410. A qualified Preretirement Survivor Annuity shall be payable if the following requirements
are met:
(1) The Participant is survived by a .. • • • • • . • • •
• • : • • • — • el • ••• • designated beneficiary on the date he dies.
(2) The Participant's Vesting Percentage or Required Contribution Account on the date
of his death was greater than zero.
If the requirements above are met on the date the Participant dies, a Qualified Preretirement
Survivor Annuity shall be payable. The spouse designated beneficiary may elect to start
benefits on any first day of the month on or after the earliest date retirement benefits could
have been paid to the Participant if he had ceased to be an Employee on the date of his death
and survived to retire. Benefits must start by the date the Participant would have been age
70 ' /2. If the spouse designated beneficiary dies before the Qualified Preretirement Survivor
Annuity starts, the only death benefit payable from his Accrued Benefit is that provided in
(b) below.
+„-, If a single -sum death benefit would otherwise be payable in (b) below, the monthly benefit
payable to the spouse designated beneficiary under the Qualified Preretirement Survivor
Annuity shall not be less than the monthly benefit which is the Actuarial Equivalent of the
single -sum death benefit at the date benefits start.
If the Participant elects to have the single -sum death benefit in (b) below paid to his
Designated Beneficiary after the requirements above are met or if the spouse designated
beneficiary waives the Qualified Preretirement Survivor Annuity by electing to have the
single -sum death benefit in (b) below paid to himself as Beneficiary after the requirements
above are met, the Qualified Preretirement Survivor Annuity shall be reduced. The amount
of the reduction shall be equal to the monthly benefit which is the Actuarial Equivalent of
what would have been the single -sum death benefit at the date benefits start.
(b) Single sum death benefit:
If the requirements of subsection (a) above have not been met on the date a Participant dies,
a single -sum death benefit equal to his Required Contribution Account on the date he died
shall be payable to the Participant's Designated Beneficiary. If the requirements of
valov subsection (a) above have been met on the date such Participant dies and the Qualified
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2000 -0 -14 26
Preretirement Survivor Annuity has not been waived, but the Participant's spouse designated
beneficiary dies before the Qualified Preretirement Survivor Annuity starts, this single -sum
death benefit, determined as of the date of the spouse's designated beneficiary's death, shall
be paid to the spouse's Designated Beneficiary.
Before a single -sum death benefit will be paid on account of the death of a Participant who
would have met all the requirements in (a) above if he had had a spouse designated
beneficiary on the date of his death, it must be established to the satisfaction of a plan
representative that there is no spouse designated beneficiary.
If a Participant dies on or after his Normal Retirement Date and before his Annuity Starting
Date and such Participant is survived by a .. • . • • . • • • • • • • I . • : VS
designated beneficiary on the date of his death, the death benefit shall be
payable in like manner as provided under (a) and (b) above.
If a Participant dies on or after his Normal Retirement Date and before his Annuity Starting
Date and such Participant is not survived by a .. • . . • • .. •
• .: • . • - - • ot • • • • • • : designated beneficiary on the date of his death, the provisions
of subsections (a) and (b) shall not apply. Instead, the death benefit shall be the preservation of
retirement option death benefit. This death benefit is the death benefit which would have been
payable to the Participant's Beneficiary or Contingent Annuitant if the Participant's Retirement Date
had occurred on the date he died. The optional form of distribution elected according to the
provisions of the ELECTION PROCEDURES SECTION of Article VI before the Participant's death
is the form in effect for determining the death benefit. For purposes of this death benefit only, an
election of an optional form of distribution shall be a qualified election even if it is not made within
90 days of the date retirement benefits would have begun if it means all of the other requirements
for a qualified election. The automatic form of distribution for retirement benefits under the
AUTOMATIC FORMS OF DISTRIBUTION SECTION of Article VI shall be in effect if an election
has not been made or an election is revoked without a subsequent election according to the
provisions of the ELECTION PROCEDURES SECTION of Article VI. Any death benefit payable
shall be subject to the distribution limitations of the OPTIONAL FORMS OF DISTRIBUTION
AND DISTRIBUTION REQUIREMENTS SECTION of Article VI.
If, after any death benefit above is distributed in a single sum, the Present Value of the
remaining Qualified Preretirement Survivor Annuity payable under (a) above is $3,500 or less, the
spouse designated beneficiary may receive such Present Value in a single -sum payment in lieu of
the Qualified Preretirement Survivor Annuity. It will be distributed only if the spouse designated
beneficiary so elects.
Any death benefit after Annuity Starting Date will be determined by the form of retirement
v,.r benefit in effect on a Participant's Annuity Starting Date.
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2000 -0 -14 27
SECTION 5.03 DISABILITY BENEFITS.
A Police Officer is considered Disabled when he or she becomes totally and permanently
unable to perform useful and efficient service as a Police Officer. Members are covered for service
saw, incurred Disability from date of hire. Members are covered for non - service incurred disability
following the completion of five (5) years of service.
A written application is made to the Board of Trustees for a Disability Pension and the Board
decides whether or not the pension is to be granted. The Board of Trustees shall required Petitioner
to submit to an evaluation by a medical doctor, all expenses being paid by the Board of Trustees.
If the Pension is granted and it is determined the Disability is Service Incurred, the benefit
amount will be the Accrued Benefit as of the Date of Determination, but not less than 42% of the
Police Officer's average final compensation, for ten (10) years certain and life thereafter. If it is
determined the Disability is non - service incurred, the benefit will be the Accrued Benefit as of the
Date of Determination, but not less than 25% of the Police Officer's average final compensation, for
ten (10) years certain and life thereafter. • . . . .. .. • :. • 11 - • ' .� :1
.,
Any condition or impairment of a Police Officer caused by Heart Disease resulting in death
or Total Disability is presumed to have been suffered in the line of duty unless the contrary is shown
by competent evidence.
Each Police Officer who is claiming disability benefits will establish, to the satisfaction of
the Board, that such disability was not the result of:
A. Excessive or habitual use of drugs, intoxicants, alcohol, or tobacco products;
B. Injury or disease sustained while willfully and illegally participating in fights, riots
or civil insurrections;
C. Injury or disease while committing a crime;
D. Injury or disease while serving in the Armed Forces;
E. Injury or disease after his employment as a Police Officer with the City of Edgewater
has terminated or while working for an employer other than the City of Edgewater;
F. Failure to maintain minimum physical standard conditions.
A Retired Disabled Police Officer is subject to periodic medical examinations as directed by
the Board to determine whether a disability continues.
ARTICLE VI WHEN BENEFITS START AND DISTRIBUTION OF BENEFITS
% SECTION 6.03 OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION
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2000 -0 -14 28
REQUIREMENTS.
(a) For purposes of this section, the following terms are defined:
Now Designated Beneficiary means the individual who is designated as the beneficiary under the
Plan in accordance with Code Section 401(a)(9) and the proposed regulations thereunder.
Distribution Calendar Year means a calendar year for which a minimum distribution is
required. For distributions beginning before the Participant's death, the first Distribution
Calendar Year is the calendar year immediately preceding the calendar year which contains
the Participant's Required Beginning Date. For distributions beginning after the
Participant's death, the first Distribution Calendar Year is the calendar year in which
distributions are required to begin pursuant to (h) below.
Joint and Last Survivor Expectancy means the joint and last survivor expectancy calculated
using the attained age of the Participant (or Designated Beneficiary) as of the Participant's
(or Designated Beneficiary's) birthday in the applicable calendar year. The applicable
calendar year shall be the Distribution Calendar Year. If annuity payments commence before
the Required Beginning Date, the applicable calendar year is the year such payments
commence. Joint and Last Survivor Expectancy is computed by use of the expected return
multiples in Table VI of section 1.72 -9 of the Income Tax Regulations.
v,.. Life Expectancy means the life expectancy calculated using the attained age of the
Participant (or Designated Beneficiary) as of the Participant's (or Designated Beneficiary's)
birthday in the applicable calendar year. The applicable calendar year shall be the
Distribution Calendar Year. If annuity payments commence before the Required Beginning
Date, the applicable calendar year is the year such payments commence. Life Expectancy
is computed by use of the expected return multiples in Table V of section 1.72 -9 of the
Income Tax Regulations.
Required Beginning Date means, for a Participant, the later of the April 1 following the
calendar year in which a Participant attains age 70 1 /2 or the April 1 of the year following the
calendar year in which retirement occurs.
(b) The optional forms of retirement benefit shall be the following: a straight life annuity; single
life annuities with certain periods of five, ten or fifteen years; and survivorship life annuities
with survivorship percentages of 50, 66 2/3, 75 or 100. The benefit payable on any optional
annuity form available above (other than the Normal Form) shall be the Actuarial Equivalent
of the benefit that would otherwise be payable on the Normal Form.
%la,. Election of an optional form is subject to the qualified election provisions of Article VI.
passages are deleted.
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2000 -0 -14 29
Any annuity contract distributed shall be nontransferable. The terms of any annuity contract
purchased and distributed by the Plan to a Participant or spouse shall comply with the
requirements of this Plan.
,,,, (c) The optional forms of death benefit are any annuity that is an optional form of retirement
benefit.
(d) Subject to the AUTOMATIC FORMS OF DISTRIBUTION SECTION of Article VI, joint
and survivor annuity requirements, the requirements of this section shall apply to any
distribution of a Participant's interest and will take precedence over any inconsistent
provisions of this Plan. Unless otherwise specified, the provisions of this section apply to
calendar years beginning after December 31, 1984.
All distributions required under this section shall be determined and made in accordance with
the proposed regulations under Code Section 401(a)(9), including the minimum distribution
incidental benefit requirement of section 1.401(a)(9) -2 of the proposed regulations.
(e) Required Beginning Date. The entire interest of a Participant must be distributed or begin
to be distributed no later than the Participant's Required Beginning Date.
(f) Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions, if
not made in a single sum, may only be made over one of the following periods (or
% row combination thereof):
(1) the life of the Participant,
(2) the life of the Participant and a Designated Beneficiary,
(3) a period certain not extending beyond the Life Expectancy of the Participant, or
(4) a period certain not extending beyond the Joint and Last Survivor Expectancy of the
Participant and a Designated Beneficiary.
(g) Determination of amount to be distributed each year.
(1) If the Participant's interest is to be paid in the form of annuity distributions under the
Plan, payment under the annuity shall satisfy the following requirements:
(i) the annuity distributions must be paid in periodic payments made at intervals
not longer than one year;
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2000 -0 -14 30
(ii) the distribution period must be over a life (or lives) or over a period certain
not longer than a Life Expectancy (or Joint and Last Survivor Expectancy)
described in Code Section 401(a)(9)(A)(ii) or Code Section 401(a)(9)(B)(iii),
whichever is applicable;
(iii) the Life Expectancy (or Joint and Last Survivor Expectancy) for purposes of
determining the period certain shall be determined without recalculation of
Life Expectancy;
(iv) once payments have begun over a period certain, the period certain may not
be lengthened even if the period certain is shorter than the maximum
permitted;
(v) payments must eighter be nonincreasing or increase only as follows:
(a) with any percentage increase in a specified and generally recognized
cost -of- living index;
(b) to the extent of the reduction to the amount of the Participant's
payments to provide for a survivor benefit upon death, but only if the
Beneficiary whose life was being used to determine the distribution
period described in (f) above dies and the payments continue
%ay otherwise in accordance with (f) above over the life of the Participant;
(c) to provide cash refunds of employees contributions upon the
Participant's death; or
(d) because of an increase in benefits under the Plan.
(vi) if the annuity is a life annuity (or a life annuity with a period certain not
exceeding 20 years), the amount which must be distributed on or before the
Participant's Required Beginning Date (or, in the case of distributions after
the death of the Participant, the date distributions are required to begin
pursuant to (h) below) shall be the payment which is required for one
payment interval. The second payment need not be made until the end of the
next payment interval even if that payment interval ends in the next calendar
year. Payment intervals are the period for which payments are received. E.g.,
bimonthly, monthly, semi - annually, or annually.
If the annuity is a period certain annuity without a life contingency (or is a
* tow life annuity with a period certain exceeding 20 years) periodic payments for
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2000 -0 -14 31
each Distribution Calendar Year shall be combined and treated as an annual
amount. The amount which must be distributed by the Participant's Required
Beginning Date (or, in the case of distributions after the death of the
Participant, the date distributions are required to begin pursuant to (h) below)
is the annual amount for the first Distribution Calendar Year. The annual
amount for other Distribution Calendar Years, including the annual amount
for the calendar year in which the Participant's Required Beginning Date (or
the date distributions are required to begin pursuant to (h) below) occurs,
must be distributed on or before December 31 of the calendar year for which
the distribution is required.
(2) Annuities purchased after December 31, 1988, are subject to the following additional
conditions:
(i) Unless the Participant's spouse is the Designated Beneficiary, if the
Participant's interest is being distributed in the form of a period certain
annuity without a life contingency, the period certain as of the beginning of
the first Distribution Calendar Year may not exceed the applicable period
determined using the table set forth in Q &A A -5 of section 1.401(a)(9) -2 of
the proposed regulations.
(ii) If the Participant's interest is being distributed in the form of a joint and
u,•• survivor annuity for the joint lives of the Participant and a nonspouse
Beneficiary, annuity payments to be made on or after the Participant's
Required Beginning Date to the Designated Beneficiary after the Participant's
death must not at any time exceed the applicable percentage of the annuity
payment for such period that would have been payable to the Participant
using the table set forth in Q &A A -6 of section 4.01(a)(9) -2 of the proposed
regulations.
(iii) Transitional rule. If payment under an annuity which complies with (1)
above begins prior to January 1, 1989, the minimum distribution
requirements in effect as of July 27, 1987, shall apply to distributions from
this Plan, regardless of whether the annuity form of payment is irrevocable.
This transitional rule also applies to deferred annuity contracts distributed to
or owned by the employee prior to January 1, 1989, unless additional
contributions are made under the Plan by the Employer with respect to such
contract.
(iv) If the form of distribution is an annuity made in accordance with this (g), any
r,,, additional benefits accruing to the Participant after his Required Beginning
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2000 -0 -14 32
Date shall be distributed as a separate and identifiable component of the
annuity beginning with the first payment interval ending in the calendar year
in which such amount accrues.
440,9 (v) Any part of the Participant's interest which is in the form of an individual
account shall be distributed in a manner satisfying the requirements of Code
Section 401(a)(9) and the proposed regulations thereunder.
(h) Death Distribution Provisions.
(1) Distribution beginning before death. If the Participant dies after distribution of his
interest has begun, the remaining portion of such interest will continue to be
distributed at least as rapidly as under the method of distribution being used prior to
the Participant's death.
(2) Distribution beginning after death. If the Participant dies before the distribution of
his interest begins, distribution of the Participant's entire interest shall be completed
by December 31 of the calendar year containing the fifth anniversary of the
Participant's death except to the extent that an election is made to receive
distributions in accordance with (i) or (ii) below:
(i) If any portion of the Participant's interest is payable to a Designated
__ Beneficiary, distributions may be made over the life or over a period certain
not greater than the Life Expectancy of the Designated Beneficiary
commencing on or before December 31 of the calendar year immediately
following the calendar year in which the Participant died;
(ii) If the Designated Beneficiary is the Participant's surviving spouse, the date
distributions are required to begin in accordance with (i) above shall not be
earlier than the later of (a) December 31 of the calendar year immediately
following the calendar year in which the Participant died and (b) December
31 of the calendar year in which the Participant would have attained age 70
' /2.
If the Participant has not made an election pursuant to this (2) by the time of his
death, the Participant's Designated Beneficiary must elect the method of distribution
no later than the earlier of (a) December 31 of the calendar year in which
distributions would be required to begin under this (h), or (b) December 31 of the
calendar year which contains the fifth anniversary of the date of death of the
Participant. If the Participant has no Designated Beneficiary, or if the *titior Beneficiary does not elect a method of distribution, distribution of the Participant's
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2000 -0 -14 33
entire interest must be completed by December 31 of the calendar year containing the
fifth anniversary of the Participant's death.
(3) For purposes of (2) above, if the surviving spouse dies after the Participant, but
Now before payments to such spouse begin, the provisions of (2) above, with the exception
of (ii) therein, shall be applied as if the surviving spouse were the Participant.
(4) For purposes of this (h), any amount paid to a child of the Participant will be treated
as if it had been paid to the surviving spouse if the amount becomes payable to the
surviving spouse when the child reaches the age of majority.
(5) For the purpose of this (h), distribution of a Participant's interest is considered to
begin on the Participant's Required Beginning Date (or, if (3) above is applicable, the
date distribution is required to begin to the surviving spouse pursuant to (2) above).
If distribution in the form of an annuity described in (g) above irrevocably
commences to the Participant before the Required Beginning Date, the date
distribution is considered to begin is the date distribution actually commences.
ARTICLE VII TERMINATION OF PLAN
The Employer expects to continue the Plan indefinitely but reserves the right to terminate the
Plan in whole or in part at any time upon giving written notice to all parties concerned and in
%,, compliance with the requirement of Section 185.361 of the Florida Statutes.
A Participant shall be fully (100 %) vested in his Accrued Benefit upon termination of the
Plan. Upon complete termination of Plan, no further Employees shall become Participants, and no
further Contributions shall be made except as may be required by any governmental agency to which
the Plan's termination is subject.
This Plan is not subject to Title IV of the Employee Retirement Income Security Act of 1974
(ERI SA), benefits are not insured by the Pension Benefit Guaranty Corporation, and the Participant's
recourse will be limited to plan assets. However, the assets of the Plan that are available to provide
benefits shall be allocated and applied as of the effective date of termination of Plan according to any
rules, regulations, interpretations, or opinions implementing said Title IV or any other equitable
method as determined by the Plan Administrator and agreed upon by the Insurer.
No part of the Plan assets shall be paid to the employer at any time, except that, after the
satisfaction of all liabilities under the Plan, any assets remaining will be paid to the Employer. The
payment may not be made if it would contravene any provision of law.
New ARTICLE VIII ADMINISTRATION OF PLAN
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2000 -0 -14 34
SECTION 8.01 BOARD OF TRUSTEES.
A. The sole and exclusive administration of and the responsibility for the proper operation of
the Plan and for making effective the provisions of this resolution are hereby vested in a
Board of Trustees. The Board of Trustees is hereby designated as the Plan Administrator.
B. The Board of Trustees shall consist of five (5) Trustees, two of whom, unless otherwise
prohibited by law, shall be legal residents of the City, who shall be appointed by the City of
Edgewater City Council and two of whom shall be Members of the City of Edgewater Police
Department who shall be elected by a majority of the Police Officers who are Members of
the Plan. The fifth Trustee, who shall also be a legal resident of the City of Edgewater, shall
be chosen by a majority of the previous four Trustees as provided for herein and such
person's name shall be submitted to the City of Edgewater City Council. Upon receipt of the
fifth person's name, the City of Edgewater City Council shall, as a ministerial duty, appoint
such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the
same rights as each of the other four Trustees appointed or elected as herein provided and
shall serve a two (2) year term unless he sooner vacates the office. Each City Council
appointed Trustee shall serve as Trustee for a period of two (2) years unless he sooner
vacates the office or is sooner replaced by the City of Edgewater City Council at whose
pleasure he shall serve. Each Police Officer Trustee shall serve as Trustee for a period of two
(2) years, unless he sooner leaves the employment of the City as a Police Officer or otherwise
vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as
- the departing Police Officer Trustee. Each Trustee may succeed himself in office. The
Board shall establish and administer the nominating and election procedures for electing the
fifth Trustee and Officers of the Board of Trustees.
C. The Board shall meet at least quarterly each year.
D. The Board shall be a legal entity with, in addition to other powers and responsibilities
contained herein, the power to bring and defend lawsuits of every kind, nature, and
description.
E. The City Attorney shall give advise to said Board of Trustees in all matters pertaining to their
duties in the administration of the Plan whenever requested; and shall represent and defend
said board as its attorney in all suits and actions at law or in equity that may be brought
against it and bring all suits and actions in its behalf that may be required or determined upon
by said Board. However, if the Board of Trustees so elects, it may employ independent legal
counsel at the pension fund's expense for the purposes contained herein, together with such
other professional, technical, or other advisers as the Board deems necessary.
*t F. The Trustees shall annually, by a majority vote, elect a Chairman and a Secretary from
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2000 -0 -14 35
among their members. The Secretary of the Board shall keep a complete minute book of the
actions, proceedings, or hearings of the Board and shall comply with all Secretary duties
provided in Section 185.06(3) of the Florida Statutes.
Nay. G. The Trustees shall not receive any compensation as such, but may receive expenses and per
diem as provided by Florida law.
H. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be
necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have
the right to abstain from voting as the result of a conflict of interest provided that Trustee
complies with the provisions of Section 112.3143, Florida Statutes.
The Board of Trustees shall engage such actuarial, accounting, legal, and other services as
shall be required to transact the business of the Plan. The compensation of all persons
engaged by the Board and all other expenses of the Board necessary for the operation of the
Plan shall be paid from the Pension Fund at such rates and in such amounts as the Board
shall agree.
J. The duties and responsibilities of the Board shall include, but not necessarily be limited to
the following:
1. To construe the provisions of the Plan and determine all questions arising thereunder.
r „
2. To determine all questions relating to eligibility and participation.
3. To determine and certify the amount of all retirement allowances or other benefits
hereunder.
4. To establish uniform rules and procedures to be followed for administrative purposes,
benefit applications and all matters required to administer the Plan.
5. To distribute to Participants, at regular intervals, information concerning the Plan.
6. To receive and process all applications for benefits.
7. To authorize all payments whatsoever from the Plan, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising
through operation of the Plan.
8. To have performed actuarial duties, independent consultant duties (as found in
%tir Section 195.06 of the Florida Statutes) and valuations, at least as often as required
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2000 -0 -14 36
by law, and make recommendations regarding any and all changes in the provisions
of the Plan.
9. Annually on or before March 15` the Trustees must submit the following information
*my on the State of Florida Division of Retirement:
(a) A certified copy of each and every instrument constituting or evidencing the
Plan.
(b) An independent audit by a Certified Public Accountant for the most recent
fiscal year of the City of Edgewater showing a detailed listing of the assets
and a statement of all income and disbursements during the year. Such
income and disbursements must be reconciled with the assets at the beginning
and end of the year.
(c) A certified statement listing the investments of the plan and a description of
the methods used in valuing the investments.
(d) A statistical exhibit showing the total number of policemen, the number
included in the plan, and the number ineligible classified according to the
reasons for their being ineligible.
■•■■•• (e) A statement of the amount the municipality and other income sources have
contributed toward the plan or will contribute toward the plan for the current
calendar year.
When any of these items would be identical with the corresponding item submitted
for a previous year, it is not necessary for the Trustees to submit duplicate
information if they make reference to the item in such previous year's report.
These duties and responsibilities shall not be interpreted to authorize the Board to
amend the Plan. The Plan shall only be amended upon approval of the City Council
K. Where any action which the Board is required to take or any duty or function which it is
required to perform either under the terms herein or under the general law applicable to it as
Trustee under this resolution can reasonably be taken or performed only after receipt by it
from a Participant, the City, or any other entity, of specific information, certification,
direction or instructions, the Board shall be free of liability in failing to take such action or
perform such duty or function until such information, certification, direction or instruction
has been received by it.
Now
Strncic through passages are deleted.
Underlined passages are added.
2000 -0 -14 37
•
L. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the
payments and benefits herein provided for.
M. In any application to or proceeding or action in the courts, only the Board shall be a
necessary party, and no Participant or other person having an interest in the Ffund shall be
entitled to any notice or service of process. Any judgment entered in such a proceeding or
action shall be conclusive upon all persons.
EN. Any of the foregoing powers and functions reposed in the Board may be performed or carried
out by the Board through duly authorized agents provided that the Board at all times
maintains continuous supervision over the acts of any such agent; provided further, that legal
title to said Fund shall always remain in the Board.
ARTICLE IX GENERAL PROVISIONS
SECTION 9.10 SMALL AMOUNTS.
If the monthly retirement income payable to a Participant is less than $100.00 or if the
Present Value of the Participant's vested Accrued Benefit is less than harneverexceeded $3,500
$5,000.00, such Present Value shall be payable in a single sum as of the Participant's Retirement
Date or the date he ceases to be an Employee for any reason other than death. If the Participant's
vested Accrued Benefit is zero on the date he ceases to be an Employee for any reason other than
',4••,, • death, he shall be deemed to have received a single -sum payment of the Present Value of his vested
Accrued Benefit on such date. This is a small amounts payment. Such small amount payment shall
be made to the Participant or the Participant's designated beneficiary. Such small amounts payment
shall result in all of a Participant's Accrued Benefit being disregarded and is in full settlement of all
benefits otherwise payable. If the Present Value of the Qualified Preretirement Survivor Annuity
derived from the Participant's Accrued Benefit and the Participant's Account has never exceeded
$3,500 $5,000.00, the Present Value of any death benefit shall be payable in a single sum as of the
date the Participant dies if such Present Value is not more than $3,500 $5,000.00. This is a small
amounts payment. Such small amounts payment shall be made to the Participant's Beneficiary
(spouse if the death benefit is payable to the spouse). Such small amounts payment is in full
settlement of the death benefit otherwise payable.
No other small amounts payments shall be made.
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
+t.r
passages are deleted.
Underlined passages are added.
2000 -0 -14 38
•
Florida Department of Management Services.
PART C. CONFLICTING PROVISIONS.
411.9 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.
PART E. EFFECTIVE DATE.
%ow This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by and Second by , the vote on the
first reading of this ordinance held on , 2000, is as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
,, Councilwoman Judy Lichter
Shuck tl..uu passages are deleted.
Underlined passages are added.
2000 -0 -14 39
•
After Motion by and Second by , the vote on the
second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this day of , 2000.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
Robin L. Matusick
Legal Assistant
Struck—through passages are deleted.
Underlined passages are added.
2000 -0 -14 40
AGENDA REQUEST
Date: August 3, 2000
PUBLIC
HEARING RESOLUTION ORDINANCES
OTHER
CONSENT August 21, 2000 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Request for three (3) appointments to the Economic Development Board to fill expired offices.
BACKGROUND:
Thomas Alcorn was appointed to the EDB on February 3, 1997, to fill the remaining term of Philip
Fong who resigned. Nora Aly was appointed on September 24, 1998, to fill the remaining term of
Gigi Bennington who also resigned. C. Michael Wilson was appointed on June 21, 1999, to fill the
remaining term of Theresa David who forfeited her office due to having three unexcused absences.
All three members are seeking reappointment as indicated in their attached letters.
'Nov BOARD RECOMMENDATION /:
At the EDB regular meeting August 2, 2000, the Board unanimously voted to recommend City
Council reappoint Thomas Alcorn, Nora Aly and C. Michael Wilson for another three (3) year term.
ACTION REQUESTED:
Reappoint Thomas Alcorn, Nora Aly and C. Michael Wilson.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted,
*or
izabeth . McBri e, and
Coordinator
Econurnic Development Board
Attachments
F : \edh- al;cndnrcgnests\tonxirooni kc. R24
•
Thomas D. Alcorn, MBA
240 Golf Club Drive
New Smyrna Beach, FL 32168 ,
(904) 427 -8414 Home ''
``•r (904) 424 -5959 FAX
(904) 451 -0919 Cell
EMAIL: Tomalcorn @AOL.COM
WEBSITE: WWW.TOMALCORN.COM
° July 24, 2000
IN RE: Membership, Edgewater Economic Development Board
City of Edgewater
P.O. Box 100
Edgewater, FL 32132 -0100
Attn: Liz McBride
To the City Council:
I would like to continue my commitment to economic development in Edgewater by being
reappointed to the Edgewater Economic Development Board.
Thank you for your consideration.
Sincerely,
•
Thomas D. Alcorn
AUG-14 -2000 12:30 FROM:LMN PRINTING 9044289907 TO:4242421 PAGE: 01
Nora Aly 7.7
Nitf
1716 S. Riverside Drive
Edgewater, Florida 32132
904- 427 -5032
August 14,2000
To: The Mayor and Council of Edgewater,
! would be honored to serve another term on the Edgewater Economic
Development Board. 1 enjoyed being on the board and look forward to
another progressive year.
`' Sincerely,
Nora Aly
PRIMELINE PRODUCTS, INC.
706 -I West Park Avenue - P.O. Box 1002
Edgewater, FL 32132
' ` I ����= Toll Free: 877.409.7888
M Et ry Phone: 904.409.7888
AUG 20Q`f Fax: 904.409.3090
err `f
CITY MANAGE:.
August 2, 2000
City Council
City of Edgewater
P.O. Box 100
Edgewater, Fl 32132 -0100
Re: Economic Development Board
This is to request my reappointment as a member of the Economic Development Board
for the City of Edgewater for the coming year.
Respectfully submitted,
Nay
C. M. Wilson
w
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME Eir id/ 0 Orli, it - t .
ADDRESS V 3 e( (r• 64)-14/o74 x..) ,D Di strict
(Staff will supply district number)
HOME PHONE C7 V 3 ' BUSINESS PHONE 4)/)
OCCUPATION
Are you a resident of Edgewater How long .
Is your principal place of employment in Edgewater? /Uj9
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee : ( � ,��_A., s-t �'it/ l,Ci 63(/yy�.0 W
/ I
!4-w
State your expe /qualifications `e . �. 4 „ ,” , , ,� � • wt .,/ A.4.),Ge..1 ‘ ,....J., 4,... tta-t.A.el Igen,/ e x., .,t61,-) ca...i,..)
/ j
/_ /a . • ... l' /i .t / 6 4.:/4 .1116011(.12 , -. % / . 1 _ /4.. •• . 11C.df.
Are you/ eg stered vo er? e .
"
�
Are you employed by the City? /Afro() you hold public office?
At the prese/A_tipe, do you serve on any other Boards, Agencies, or
committees? Ar If so, list each:
Have you ever served on any boards, agencies, or committees?
If so, list each: Q,i i D- , i- t 'm, 1R ,..) 9 i .,.,,, . ice,
. / / /
a ffi 0 •( 6°/‘.4.4■17 're " ,' " ..f
5
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
3 ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD
BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD
4 1 / CITIZEN CODE ENFORCEMENT BOARD 7 PARKS & RECREATION BOARD
CONSTRUCTION REGULATION BOARD S PLANNING & ZONING BOARD
L ' `'+����; `gy ;�: '� �'; �d •ffy �r4 //
' ECONO r ;; -. ,� �,C 1 1. ,+ . € jti LO POLICE PENSION BOARD
7 FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE
SIGNATURE O , OPG-11_41,,J DATE : O // / ,-,,6
** SEE REVERSE S +•E FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES** (REV 10- 30 -97)
01- 18- 00A10 :18 RCVD
City of Edgewater
PO Box 100
*`"' Edgewater, Florida
Application for Appointment
By serving on a City Board I hope to make a difference in
the future development of the City of Edgewater. The first
priority and most important issue should be in the
economic development of this city.
As a previous owner , vice - president and secretary of DOW
Realty & Construction Co. I negotiated agreements with
families wanting to build a home to companies wanting to
do business with us.
I attended seminars given by the utilities regarding
implementation of new ideas and equipment. Also kept up
with changes in zoning and building codes.
I was involved with the campaign for a relative who served
as a representative and senator for ten years. Helping to
keep a line of communication open with his voters. I was
approached in my home town to run for state senator but
because of family obligations and being a federal employee
I declined.
While employed by Employee's Group Ins. Co., I was sent
to URI and received several credits in compensation law
with a grade average of A -.
I feel that the City of Edgewater must sell itself in order to
bring industry and business to Edgewater. We must lose the
image of being a city where anything goes. Residential and
business areas must be kept separate where a company is
willing to bring their CEO's here to live as well as to work.
Elizabeth B. Donahue a 296,-),/!,--
'tow. (4,/,-;a 3326 Umbrella Tree Dr.
Edgewater, Fl 32141
(904) 423 7500
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATTER, FLORIDA 32132 -0100
APPLICATION Fg K7TN'i' NT CITY
BOARDS, AGENCIES OR COMMITTEES
NAME Robert S. Hester
ADDRESS 411 Sea Gull Ct., Edgewater, FL 32141
HOME PHONE 1904/424-9363 BUSINESS PHONE
OCCUPATION Retired
Are you a resident of Edgewater Yes How long 9 years
Is your principal place of employment in Edgewater? N/A
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee•to participate in quality of the City of Edgewater
State your experience /qualifications See attached
Are you a registered voter? yes
Are you employed by the City? no Do you hold public office? n°
At the present time, do you serve on any other Boards, Agencies, or
committees? no If so, list each:
Have you ever served on any boards, agencies, or committees?
If so, list each: See attached
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
GENERAL EMPLOYEES PENSION BOARD
ANIMAL CONTROL BOARD LIBRARY BOARD
CITIZEN CODE ENFORCEMENT BOARD RECREATION & CULTURAL SERVICES
2 ' CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD
1. ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD
FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE
SI GNATURE DATE:
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** (REV 1- 11 -00)
Robert W. Hester Page 1 of 1
Experience and Qualifications
1984/85 Board Member Securities and Exchange Company
(An FDIC Appointment) New York City, NY
1984/85 Board Member Brokerage Firm
(An FDIC Appointment) Mortgage Company
New York City, NY
1984/85 Board Member Commercial Bank Board
(An FDIC appointment) Jacksonville Beach, FL
1961/83 CEO, President and First Federal of Mid Florida
Board Member With offices in: DeLand, DeBary, Deltona,
New Smyrna Beach, Leesburg, Sanford,
Gainesville, Ocala and Lake City
1973/74 Committee Member Advisory Council
Federal Home Loan Bank Board
Washington, DC
1968/72 Board Member Fourth District Federal Home Loan
Bank, Atlanta, GA (A Regional Bank
representing seven states and the District of
Columbia)
1968/69 Board Member Investors Mortgage Insurance Corp.
Boston, MA
1966/68 Board Member Florida Industrial Development Corp.
1968 President and Florida League of Financial
"§oily Board Member Institutions
Robert W. Hester Wage 2 of 2
Public Service Boards of Directors
1979/83 Advisory Council Human Services Council of Alachua
1979/83 Board Member North Central Florida Epilepsy
Foundation
1982 Chairman WUFT -FM Classic 89
Fund Raising Campaign University of Florida
College of Journalism
1982 Finance Committee Ronald McDonald House
1979/81 Chairman and Alachua County Heart Association
Now' Board Member
1969/72 Charter Member DeLand Variance and Appeal Board
1968 Executive Committee Volusia County Democratic Party
1964 President DeLand Chamber of Commerce
1963 President DeLand Rotary Club
1962 Charter Member West Volusia Planning Council
1961 President West Volusia Committee of 100
1958 President West Volusia Homebuilders Assn.
*taw
Robert W. Hester Page 3 of 3
Academic Boards of Directors
Charter Member of the University of Florida
Advisory Council Graduate School of Business
Charter Member of the School of Business
Advisory Council Stetson University
1979/83 Board of Trustees St. Leo College
Construction Business and Services
Now
1955/61 Building Contractor and West Volusia County
Land Developer
1957 Committee Member Committee to Recommend Building
and Construction codes (appointed by the
County Commission)
Purpose:
Created the Volusia County Department of Building Construction, Electrical,
and Plumbing, the county's first and thereafter requirements for electrical,
plumbing, and general contractor testing and inspections for licenses,
recommending county zoning and building permits and inspections.
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
20D AUG -Li PM 12: 23
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES .
NAME , CIt
ADDRESS 300 ,/ 5". 47 ..tra e
' .�f
HOME PHONE 7' 2 C° ' / � 7 BUSINESS PHONE "G -- 600
OCCUPATION Oil 0 . s T .
Are you a resident of Edgewater A o How long
Is your principal place of employment in. Edgewater?
if yes how long? /y7.5
Briefly state your interest / in serving on a City board, agency or
committee: a n r ' 61. u s� .L 4s v4,
State your experience /qualifications Sol, bus„►Lss ou7nce
5 + rL L \q
Are you a registered voter? t3
Are you employed by the City? V Do you hold public office?
At the present��tme, do you serve on any other Boards, Agencies, or
committees? �' IO � ) If so, list each:
Have you ever served on any boards, agencies, or committees? 'ySS
If so, list each: .bL.4 V' StL.LC
`d g' Y 60
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
GENERAL EMPLOYEES PENSION BOARD
ANIMAL CONTROL BOARD LIBRARY BOARD
CITIZEN CODE ENFORCEMENT BOARD RECREATION & CULTURAL SERVICES
CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD
N ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD
FIREFIGHTERS PE BOARD VETERANS PARK ADV. COMMITTEE
SIGNATURE �. , '� /� --,- DATE: ?
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** (REV 1- 11 -00)
AGENDA REQUEST
Date: August 3. 2000
PUBLIC
HEARING RESOLUTIONS ORDINANCE
OTHER
CONSENT August 21.2000 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Request for two (2) appointments to the Police Pension Board.
BACKGROUND:
Mr. David Muth was appointed to the board to fill the remaining term of Ruth Garvey,
who resigned. Mr. Muth has now resigned and that term doesn't end until Dec. 21, 2001.
Mr. Larry Loeffler's term ended June 7, 2000 and he has not committed as to whether he is
seeking reappointment. These were both Council appointments.
STAFF RECOMMENDATION:
Council decision.
ACTION REOUESTED:
Motion needed to appoint someone to fill the unexpired term until Dec. 21, 2001.
Motion needed to appoint someone to fill a full two year term.
FINANCIAL IMPACT (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM: YES NO X
DATE: U AGENDA ITEM NO.
Respectfully submitted, Concurrence:
7�x 4
D orah Sigler, N/A
Personnel Director Legal Review
Nor
Kenneth R. Hooper
City Manager
f lViwlU1LEA%l:UN AZ1. I.AZALZ1V1 wjUUL /UUL
RECEIVED
Personnel Department JUL 17 2000
Chairman Bret Teitelbaum HUMANRESOURCES
City of Edgewater Police Pension Board
I wish to resign my appointment to the Police Pension Board. My main reason for doing so is
that the meeting times at which the board meets, during regular business hours, does not
currently fit with my schedule. I work in Orlando and it is not very often that I am able to get
away to attend the board meetings_ Thank you.
Since -
f
// r j/\
!* avid M 4.
J .
P03 37 IN
E CI *t r `GEW''
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME FERDINAND N. HEED
ADDRESS 115 N. Riverside Dr.,' Edgewater, FL Distract
(Staff will supply district number)
HOME PHONE (904) 423 -0322 BUSINESS PHONE
OCCUPATION Retired
Are you a resident of Edgewater yes How long 9 years
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in s- v' on a City board, agency or
committee: Police Pension Board ",
I believe I can help directs °t')ie Sion funds
State your experience /qualifications Refer to attached resume
.3>
'
Are you a registered voter? .'"' es
Are you employed by the Cit +� *''; ou hold public office? no
At the e = -4 � ibA :; •ar • -t $ =' Agencies, or
committees'? Yes If so, list each: C - " - . Rev ommittee
;V .
Have you ever ser7d on ant 4 agencies, or committees?
If so, lied each: Previcus = -rved onthe -City of ,Edgewater
e«°
Police Pension Board
v '
(BOARD, AGENCY AND COMMIT r ' J_ 0 'v • PA BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLO i' * ' EACH YEAR)
3 k
PLEASE INDICATE c •1 % � • r , ' oc+ *' OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANXIMM ACCORDING TO CHOICE BY NUMBER
IMAL CONTROL BOARD - . GENERAL EMPLOYEES PENSION BOARD
BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD
ITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD
a. %CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD
ECONOMIC DEVELOPMENT BOARD X POLICE PENSION BOARD
FIREFIGHTERS PENS •N BOARD VETERANS PARK ADV. COMMITTEE
SIGNATURE _ Or DATE : -5—/ 7/l"
- '**SEE REVERSE IICE FOR LISTING OF =•: AGENCIES AND COMMITTEES ** (REV 10- 30 -97)
FERDAND N. HEBB
Certified) !Public Accountant
Date of Birth: December 12, 1934
Education: BSBA, Unrersity of Florida, 1956
Military: Lt(JG) Ulited State Navy, 1956 - 1959
PROFESStIhNAL EXPERIENCE
A practicing Certified Publig Accountant in Broward County since
1960. One of the founding partners of Ringel Heeb & Company, a
local certified public accc$nting .practice which had grown to
twenty -one (21) professionals prior to merging with Deloitte
Haskins & Sells in 1985. Partner in Charge of the Fort Lauderdale
office of Deloitte Haskins & Hells (now Deloitte & Touche) for four
(4) years, Senior Partner tWo (2) years. Presently a Florida
_ Supreme Court __Certified Fall 1y Mediator
PROFESSIONAL ORGANIZATIONS
American Institute of CertifCed Public Accountants
Florida Institute of Certifi ,3 Public Accountants
Past Service:
Vice President, Regional Vice President, member of
Executive Committal and Board of Governors, member of
Legislative Actioli; Committee, Trustee of FI PA -PAC,
member of Committee on Finance and Office Advisory,
President, Fort Lauderdale Chapter
Current Service:
Member of the Board of Governors
Institute of Management Accountants
Member and past president Fort Lauderdale Chapter
'or Broward County Estate Plannipft Council
Member and past preside.
Broward County Financial Grojp
Co- Founder and past Chaitman
HMI \MMI\R$su \59541.1 ..
Academy of Family Mediators
Florida Association of Professional Family Mediators
CIVIC AND CHARITABLE ORGANIZATIONS
Greater Fort Lauderdale Chamber of Commerce
Past Treasurer, member of Board of Governors, member of
Executive Committee, member of Finance Committee
Uptown (Gateway) Business Association
Past Chairman Board of Directors
Broward Workshop
Past Treasurer and member of Executive Committee
Broward Committee of 100
Member - Outreach Task Force
The Hundred Club of Broward County
Member of Board of Directors
St. Johns Nursing and Rehabilitation Center
Past Treasurer and Director, Chairman of Senior Life Endowment
Fund Campaign
Now
Boys and Girls Club of Broward County
Financial Vice President, member of the Finance Committee and
Board of Directors
National Conference of Christians and Jews
Past Treasurer, member of the Executive Committee and Board of
Directors
Broward Community College Foundation
Member of the Board of Directors
Florida Atlantic University
Past member of School of Accounting Advisory Board
Nova University
Past member of School of Accounting Advisory Board
Archdiocese of Miami and Diocese of St. Petersburg Pension Plan
Past member of the Advisory Board
Now Catholic Family and Children's Services Trust of Broward County
Past Trustee
Pine Crest Preparatory School
Past member of Planned Giving Council
MMI \MMI \RESU \59544.1
SOCIAL ACTIVITIES
Florida League of Anglers
% Past President and Trustee
Lauderdale Yacht Club
Past Treasurer and member of Board of Governors
Sportfisherman of Broward
Founder and Past President
�Ir►
FAMILY MEDIATION SERVICES
BUSINESS AND FINANCIAL CONSULTING
FERDINAND N. HEEB, C.P.A.
115 NORTH RIVERSIDE DRIVI
MMI \MMl \RESU \59544.1 EDGEWATER, FL 32132 -171!
TELEPHONE: (904) 423 -032:
1 4.
THE CITY OF EDGEWATER ,
POST OFFICE BOX 100-ED GEWATER, FLORIDA
„Oz..
APPLICATION FOR2Rgt,124 CI TY",-;
BOARDS, AGENCIES OR COMMITTEES
NAME je:rd ‘/- Al -
ADDRESS 5 • ,
HOME PHONE 9.1-3,15- P5D.3 BUSINESS PHONE 7e74' - 92
Pr-
OCCUPATION I/PO414-rd -
Are you a resident of Edgewater AIR How long
Is your principal place of employment in Edgewater? re
if yes how long? //g yet, rs
Briefly state your interest in serving on a City board, agency or
,
committee: - /./V 1■1 cliCpter),44 /My
a 1/ a..r 5 V e 44; / eft/ efrie ,„r e'45e 'At lernepri
1/1/1 4/ e,„'40) 4? Avraecarkr ‘ $ id15, 5e.eR
State your experience/qualifications
Are you a registered voter? yes
Are you employed by the Cit.y?..4CC Do you hold public effice?
At the present time, do you serve on any other Boards, Agencies, or
committees? nio If so, list each:
Have you ever served on any boards, agencies, or committees?
If so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIA OR COMMITTEES YOU
WOULD LIFE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
GENERAL EMPLOYEES PENSION BOARD
ANIMAL CONTROL BOARD LIBRARY BOARD
CITIZEN CODE ENFORCEMENT BOARD RECREATION & CULTURAL SERVICES
CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD
_____ ECONOMIC DEVELOPMENT BOARD Y POLICE PENSION BOARD
FIREFIGHTERS SION BOARD-. / VETERANS PARK ADV
/
SIGNATURE o soir - "re4gior DATE:
** SEE RE Rsjt SIDE TOR LISTING OF Ar'DS, AGENCIES AND COMMITTEES** (REV 1-11-00)
A.',1 . n i ! .,
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THE CITYO , p D. • 0'F ', r '
POST OFFICE BOX 1 00— EDGEWATER, FLO - 01 m 00
'APPLICATION FOR APPOIN. S. 2; , CZT,Y *'
BOARDS, AGENCIES ORt COMMITTEES ,„ ,
NAME Z � e / V"' � 6 f � 4 ` e, `:
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HOME PHONE ry y) / 3 - A _ �,1 BUSINESS _PHONE 5 ,
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Are you a resident of Edgewater o ^1
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IS your principal, place of - emplo, ee • • •A' + 4 erx �'° ,, �.t
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Briefly state your interest in serv a 04 bo { a` r g agency
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Are you': eg stered =vo " ` r r � 7'�:` � "' 4 - g` „ , ! •
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At the pr een 4 ti P j dQ Q U..,•.S 'Pa' ._ • " " - .,,,, ! • • enczes, ` or
committees; If so,,'.;list' each. :..- .,
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(BOARD, .AGENCY AND COMMI TTEE MEMBE "R SWITH
THE STATE , FINANCIAL DISCLOS ,, ; A"• F ) b �
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-it s .3 toN r n. r • 6 .T . .' 'x y 5 Z . - ''. YOU IN C p : 6 u
PLEASE INDICATE ,AGENCIES, •R COMMITTEES
WOULD LIKE ` TO SERVE ON AND , ' ' THEM 4 . 0 ORD,IN . CHOICE' BY•NUMBER `
3 ANIMAL CONTROL BOARD f x ,^ 4 ' k � ,. ` ' " e ENE y y F EES '1
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BEAUTIFICATION & TREE COMMITTEE �, - '1 , ,,„ . ,.,„:h ` , ` "' IB ` OARD ,, +
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"7 CITIZEN CODE ENFORCEMENT BOARD `,f' PARKS '& CREATION BOARD
CONSTRUCTION REGULATION BOARD ▪ ''',: ' 0, , ZONING BOARD'
ECONOMIC DEVELOPMENT BOARD T ▪ k a, ..... � • w r A S • , 1 • " f - „
7 FIREFIGHTERS: PENSION BOARD ':+: ' „,,, 0 VETERANS PARK APV.COMMITTEE
SIGNATURE f , : �i . � .._ ` 4c • ' T 'C I. /i 4
** SEE REVERSE S ""E FOR LISTING OF BOARDS'," ? AGENCIES A ND COI44ITTEES * " * (REV 30 -97)
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City of Edgewater
PO Box 100
Edgewater, Florida
Application for Appointment
By serving on a City Board I hope to make a difference in
the future development of the City of Edgewater. The first
priority and most important issue should be in the
economic development of this city.
As a previous owner , vice- president and secretary of DOW
Realty & Construction Co. I negotiated agreements with
families wanting to build a home to companies wanting to
do business with us.
I attended seminars given by the utilities regarding
implementation of new ideas and equipment. Also kept up
with changes in zoning and building codes.
'mow I was involved with the campaign for a relative who served
as a representative and senator for ten years. Helping to
keep a line of communication open with his voters. I was
approached in my home town to run for state senator but
because of family obligations and being a federal employee
I declined.
While employed by Employee's Group Ins. Co., I was sent
to URI and received several credits in compensation law
with a grade average of A -.
I feel that the City of Edgewater must sell itself in order to
bring industry and business to Edgewater. We must lose the
image of being a city where anything goes. Residential and
business areas must be kept separate where a company is
willing to bring their CEO's here to live as well as to work.
Elizabeth B. Donahue
low
3 26 Umbrella Tree Dr.
Edgewater, F132141
(904) 423 7500
AGENDA REQUEST
Date: August 11, 2000
Now PUBLIC
HEARING RESOLUTIONS ORDINANCE
OTHER Z CONSENT BUSINESS ✓ CORRESPONDENCE
ITEM DESCRIPTION:
Renewal of Florida Health Care medical and vision group insurance.
BACKGROUND:
Currently the City employees have two health care plans to choose from, an HMO and a POS
(Point of Service) both of which are Premium Plus plans. The City received the information
which shows approximately 13% increase in renewal rates.
STAFF RECOMMENDATION:
It is my recommendation that the City continue with the same Premium Plus plans.
Nagy
ACTION REQUESTED:
City Council to approve continuance of the same group health care plans.
FINANCIAL IMPACT (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitte , Concurrence:
7'2G� 4.%
Deborah Sigler, /V //9
Now Personnel Director Legal Review
Kenneth R. Hooper ��\ c‘
City Manager
law
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