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ORDINANCE NO. 94-0-11
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA, AMENDING ORDINANCE NO. 90-0-27 WHICH
ESTABLISHED THE FIREFIGHTERS' PENSION FUND BY
CHANGING THE EFFECTIVE DATE OF THE FUND,
AMENDING THE DEFINITION OF SALARY, CHANGING
THE REQUIRED VESTING PERIOD FROM TEN TO FIVE
YEARS AND CORRECTING A SCRIVENERS ERROR
REGARDING CALCULATION OF THE MONTHLY
RETIREMENT INCOME; PROVIDING FOR FILING WITH
THE DIVISION OF RETIREMENT OF THE FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING AN EFFECTIVE DATE AND
FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Ordinance No. 90-0-27 established the Firefighters'
Pension Fund effective July 2, 1990.
2. The two original members of the Department of Fire and
Rescue Services were hired by the City on November 13, 1989.
3. Pursuant to Chapter 175, Florida Statutes, the
Firefighters' Pension Fund establishes a vesting period of ten (10)
years.
Both the Police and General Employees' Pension Funds
establish a vesting period of five (5) years.
4. The current definition of salary does not take into
consideration any accumulated overtime.
5. An earlier amendment to Section 175.162(2)(a), Florida
Statutes, regarding calculation of monthly retirement income
contained a scrivener's error in that language taking into
consideration the number of years of credited service was not
included.
6. In the interest of fairness to those employees covered by
the Firefighters' Pension Fund, Ordinance No. 90-0-27 should be
amended.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ORDINANCE NO. 90-0-27 ESTABLISHING THE
FIREFIGHTERS PENSION FUND
Ordinance No. 90-0-27 is amended as follows:
Struck through passages are deleted.
Underlined passages are added.
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Section 1. Amending the Effective Date of the Firefighters
Pension Fund
The effective date of the Firefighters' Pension Fund is hereby
changed from July 2, 1990, to November 13, 1989.
Section 2. Amending the Definition of Salary
Section 175.032(7) is hereby amended to read as follows:
"Salary" means the total cash renumeration paid a firefighter for
services rendered and \Ii'here, ao in the caoe of a ~~~olunteer
firefighter, compenoation io deri~.~ed from actual oerJiceo rendered,
oalary ohall be the total caoh compenoation received yearly for
ouch oerviceo, prorated on a monthly baoio.
Section 3. Changing the Required Vesting Period
The required ten (10) year vesting period is hereby changed to
a five (5) year vesting period and Sections 175.162, 175.162(1),
175.191(1),175.191(5),175.201, and 175.211, Florida Statutes, are
accordingly amended as follows:
Section 175.162 Requirements for retirement. - Any firefighter who
completes ~ ~ or more years of creditable service as a firefighter
and attains age 55, or completes 25 years of creditable service as
a firefighter and attains age 52, and who for such minimum period
has been a member of the firefighters' pension trust fund is
eligible for normal retirement benefits.
Section 175.162(1) The normal retirement date of each firefighter
will be the first day of the month coincident with or next
following the date on which he has completed ~ ~ or more years of
creditable service and attained age 55 or completed 25 years of
creditable service and attained age 52.
Section 175.191 Disability retirement.-
(1) A firefighter having ~ ~ or more continuous years of
creditable service and having contributed to the firefighters'
pension trust fund for ~ ~ years or more may retire from the
service of the municipality or special fire control district under
the plan if, prior to his normal retirement date, he becomes
totally and permanently disabled as defined in subsection (2) by
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reason of any cause other than a cause set out in subsection (3) on
or after the effective date of the plan.
(5) If after ~ ~ years of service the disability is other than in
the line of duty, the firefighter's monthly benefit shall be the
accrued normal retirement benefit, but shall not be less than 25
percent of the average monthly salary at the time of disability.
Section 175.201 Death prior to retirement; refunds of
contributions; death benefits.- If a firefighter dies prior to
retirement but has at least ~ ~ years of contributing service, his
beneficiary is entitled to the benefits otherwise payable to the
firefighter at early or normal retirement age.
Section 175.211
Separation from service; refunds.- If a
firefighter leaves the service of the municipality or special fire
control district before accumulating aggregate time of ~ ~ years
toward retirement and before being eligible to retire under the
provisions of this chapter, he shall be entitled to a refund of all
of his contributions made to the firefighters' pension trust fund
after July 1, 1963, without interest, less any disability benefits
paid to him after July 1, 1963. If a firefighter who has been in
the service of the municipality or special fire control district
for at least ~ ~ years and has contributed to the firefighters'
pension trust fund, such firefighter upon attaining the age of 50
years may retire at the actuarial equivalent amount of such
retirement income otherwise payable to him.
Section 4. Correction of Scrivener's Error Regarding
Calculation of Monthly Retirement Income
Due to a scrivener's error contained in Section 3 of Ordinance
No. 90-0-27 it is necessary to amend Section 175.162(2) (a), Florida
Statutes, as follows:
Section 175.162 Requirements for retirement.-
(2) (a)
The amount of ~ monthly retirement income payable to a
full-time firefighter who retires on or after his normal retirement
date shall be an amount equal to the number of his years of
credited service multiplied by 2.5 percent of his average final
compensation as a full-time firefighter.
Struck through passages are deleted.
Underlined passages are added.
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Section 5. Effectiveness of Remainder of Chapter 175, Florida
Statutes
All other provisions of Chapter 175, Florida Statutes, shall
remain in effect.
Section 6. Filing with the Division of Retirement
Upon adoption, a copy of this Ordinance shall be filed with
the Division of Retirement of the Florida Department of Management
Services.
PART B.
CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
ln conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on May
2, 1994, was as follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Kirk Jones
ABSENT
Councilwoman Louise A. Martin
AYE
Councilman Mike Hays
AYE
Councilman David L. Mitchum
AYE
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After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. ABSENT
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 16th day of May, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By.
Rirk Jo
Vice -Ma or
APPROVED FOR FORM
AND CORRECTNESS:
rista A. Store
City Attorney
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