2019-O-03 - Firefighters Pension Plan Amendment ORDINANCE NO.2019-0-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AMENDING ORDINANCE
NO. 2014-0-20 (FIREFIGHTERS' PENSION PLAN BY
AMENDING AND RESTATING ARTICLE I (FORMAT
AND DEFINITIONS), SECTION 1.02 (DEFINITIONS) FOR
THE DEFINITION OF "AVERAGE FINAL
COMPENSATION" TO BE THE SAME AS THE POLICE
OFFICERS DEFINITION; PROVIDING FOR CONFICTING
PROVISIONS, SEVERABILITY, APPLICABILITY; AN
EFFECTIVE DATE AND FOR ADOPTION.
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WHEREAS, on September 22, 2014, City council adopted Ordinance No. 2014-0-20
which amended and restated the City of Edgewater,Florida Firefighters' Pension Plan; and
WHEREAS,the City Council of the City of Edgewater wishes to amend the definition of
"Average Final Compensation" in the Firefighters' Pension Plan so that the definition is the same
as that found in the Police Officers' Pension Plan; and
WHEREAS, the Trustees of the City of Edgewater, Florida Firefighters' Pension Plan
approved the revised definition herein as being in the best interests of the participants and
beneficiaries;and
WHEREAS, the City Council has received and reviewed an actuarial impact statement
related to this change.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMENDING AND RESTATING ORDINANCE NO. 2014-0-20
(FIREFIGHTERS' PENSION PLAN BY AMENDING AND RESTATING ARTICLE I
(FORMAT AND DEFINITIONS), SECTION 1.02 (DEFINITIONS) FOR THE
DEFINITION OF "AVERAGE FINAL COMPENSATION" TO BE THE SAME AS THE
POLICE OFFICERS DEFINITION
ARTICLE I (FORMAT AND DEFINITIONS), Section 1.02 Definitions - is hereby amended
and restated pursuant to Exhibit"A"which is attached hereto and incorporated herein.
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PART B. EFFECTIVENESS OF REMAINDER OF CHAPTER 175 FLORIDA
STATUTES
All other provisions of Chapter 175, Florida Statutes, shall remain in full force and effect.
PART C. 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 D. 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are hereby superseded by this ordinance to the extent of such conflict.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 E. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. if
this ordinance of 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 F. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART G. ADOPTION
After Motion to approve by Councilwoman O'Keefe with Second by Councilwoman
Power,the vote on the fust reading of this ordinance held on April 1,2019,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
DISTRICT 2 VACANT
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
A motion was made by Councilwoman Power with second by Councilwoman O'Keefe to
continue this ordinance until a date certain for the June 3, 2019 Council Meeting, with votes as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
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After Motion to rove b t
pp"�.�� �� �� "� app y �� �eL7)rnr� with Second by
�.ac.r�t ttke t d 1�! ' ,the vote on the second reading/public hearing of
this ordinance held on June 3,2019,was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yancy
Councilwoman Megan O'Keefe �l
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 3rd day of June,2019.
ATTEST: CITY COUNCH. OF THE
CITY OF E E AT IDA
Robin L.Matusick ike
City Clerk/Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 3rd day of
legality by: Aaron R. Wolfe,Esquire June, 2019 under Agenda Item#8-91
City Attorney
Doran, Sims, Wolfe,Ciocchetti&Yoon
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EXHIBIT"A"
FHtEFIGHTERS' PENSION PLAN
ARTICLE I(FORMAT AND DEFINITIONS)
SECTION 1.02 (DEFINITIONS)
Section 1.02 DEFINITIONS is hereby amended and restated to read as follows:
As used herein, unless otherwise defined or required by the context, the following words and
phrases shall have the meaning indicated:
Accrued benefit means the benefit accrued by a member under the terms of the Plan.
Accumulated contributions means a member's own contributions without interest. For those
who purchase Credited service with interest and at no cost to the Plan, any payment representing
the amount attributable to member contributions based on the applicable member contribution
rate, and any actuarially calculated payments for their purchase,shall be included in accumulated
contributions.
Act means the Employee Retirement Income Security Act of 1971 (P.L. 93-406) and any
regulations issued thereunder by the Department of labor and the Internal Revenue Service, as
that statute and these regulations shall be amended.
Actuarial equivalent means a benefit or amount of equal value, based upon the most recent group
annuity mortality table and rate in investment return as stated in the most recent actuarial
valuation for the Plan.
Average final compensation means ene pAelfih (1112) of the a e_ e � of the f.e (c) best
yews af�he last ten (10) a •
Le fall time .-e firefighter, hieh.yeF is g A
., .oaf shall be twelve (12)
,..>-'L•. on any give date the average of an Employee's Monthly Compensation for
those three Compensation Years (all Compensation Years if less than throe) which given 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.
Bargaining Unit means a specific group of City firefighters represented by one authorized union
or association for the purposes of collective bargaining.
Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a
member of this Plan.
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Board means the board of trustees, which shall administer and manage the plan herein provided
and serve as trustees of the fund.
City means City of Edgewater,Florida.
Code means the Internal Revenue code of 1986,as amended from time to time.
Credited service means the total number of years and fractional parts of years of service as a
firefighter with member contributions, when required, omitting intervening years or fractional
parts of years when such member was not employed by the City as a firefighter. A member may
voluntarily leave his contributions in the Plan for a period of up to five (5)years after leaving the
employ of the City pending the possibility of being re-employed as a firefighter without losing
credit for the time that he was a member of the Plan, if after he is rehired he remains re-
employed with the same department not less than three (3) years, otherwise his contributions
shall be returned without interest. If the member who left the employ of the fire department
should not be re-employed as a firefighter within five (5) years, then accumulated contribution
will be returned upon the written request of the member and all of his rights and benefits under
the Plan shall be forfeited and terminated. However, no member will receive credit for service
for which the member has withdrawn the member's contributions unless the member pays into
the Plan the contributions withdrawn, with interest, at the actuarially assumed rate within ninety
(90) days of reemployment. Year; and completed months of employment with the City during
which time the member is participating in the deferred retirement option Plan (DROP) as
described in this Plan, shall not be counted as Credited service for benefit purposes unless the
member elects to continue employment with the City following the completion of the DROP
period and makes payment of the omitted member contributions. In the event of continued
employment following participation in the DROP program, the member will receive credit for
the DROP period in accordance with the required procedure.
In the event that a member of this Plan has also accumulated Credited service in another
pension Plan maintained by the City, or has a period or periods of previous employment as a
firefighter, but is not eligible to receive Credited service for this period or periods of previous
employment for benefit calculation purposes, then such other Credited service shall be used in
determining eligibility for early or normal retirement. Such other Credited service will not,
however, be considered in determining benefits under this Plan. Unless otherwise provided
herein only the member's Credited service and compensation under this Plan on or after the
member's latest date of membership in this Plan will be considered for benefit calculation. In
addition, any benefit calculation for a member of this Plan who is or becomes eligible for a
benefit from this Plan after the member has become a member of another pension Plan
maintained by the City, shall be based upon the member's average final compensation. Credited
service and benefit accrual rate as of the date the member ceases to be a firefighter.
Credited service shall be provided only for service as a firefighter, with the City of
Edgewater or for military service while a firefighter with the City. A firefighter may purchase
up to a combined total of five (5)years of Credited service for voluntary firefighter service with
the City of Edgewater, military service prior to employment or prior service as a firefighter for
some other employer provided:
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(1) the firefighter is not entitled to receive a benefit for such other prior service as a
firefighter,and
(2) the firefighter purchases such prior military or prior other firefighter service at the
full actuarial costs of such Credited service.
In determining the Creditable service of any firefighter, credit for up to 5 years of the
time spend in the military service of the Aimed Forces of the United States shall be added to the
years of actual service if:
(1) The firefighter is in the active employ of the City of Edgewater immediately prior to
such service and leaves a firefighter position for the purposes of voluntary or
involuntary service in the Armed Forces of the United States.
(2) The firefighter is entitled to reemployment under the provisions of the Uniformed
Services Employment and Reemployment Rights Act(USERRA).
(3) The firefighter returns to employment as a firefighter of the City of Edgewater within
I year from the date of release from such active service.
In determining the creditable service for, military service in the armed forces of the
United States, service as a firefighter with another employer prior to employment with City of
Edgewater or voluntary firefighter with the City of Edgewater, service up to five(5)years for the
years or fractional parts of years that a firefighter served in the armed forces of the United States,
as a firefighter with any other employer or as a volunteer firefighter with the City of Edgewater
may be purchased provided that:
(1) The firefighter did not receive Credited service, for time spent in such prior
service in the armed forces of the United States, in such prior service as a
firefighter with another employer or as a volunteer firefighter for the City of
Edgewater Fire Department, from any other private or governmental retirement or
pension Plan.
(2) The firefighter purchases such Credited service at the full actuarial cost of such
Credited service.
Division means the State of Florida Division of Retirement.
Effective date is hereby restated to be effective as of November 13, 1989.
Enrolled Actuary means an actuary who is enrolled under Subtitle C of Title III of the Employee
Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the
American Academy of Actuaries.
Firefighter means any person employed full-time in the City of Edgewater fire department who
is certified as a firefighter as a condition of employment in accordance with the provisions of
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Florida Statute §633.408. Full-time employment shall be deemed to be employment of a
minimum of 40 hours per week.
Volunteer firefighter means any person whose name is carried on the active membership roll of a
constituted volunteer with the City of Edgewater fire and whose duty it is to extinguish fires, to
protect life, and to protect property. Compensation for services rendered by a volunteer
firefighter shall not disqualify him or her as a volunteer. A person shall not be disqualified as a
volunteer firefighter solely because he or she has other gainful employment. Any person who
volunteers assistance at a fire but is not an active member of a department described herein is not
a volunteer firefighter within the meaning of this paragraph. Volunteer firefighters for the City
of Edgewater shall not be eligible to participate in this pension Plan.
Fund means the trust fund established herein as part of the Plan.
General Counsel means the attorney retained by the board to represent it with respect to the Plan.
Local Law Plan means a defined benefit pension Plan for firefighters as described in Section
175.351 of the Florida Statutes, established by municipal ordinance, which enactment sets forth
all Plan provisions. Local law Plan provisions may vary from the provisions of Chapter 175 FS,
provided that required minimum benefits and minimum standards are met. Any such variance
shall provide a greater benefit for firefighters.
Masculine gender when used herein, unless the context specifically requires otherwise, shall
include both the feminine and masculine genders.
Member means an actively employed full-time firefighter who fulfills the prescribed membership
requirements. Benefit improvements which, in the past, have been provided for by amendments
to the Plan adopted by City ordinance, and any benefit improvements which might be made in
the future shall apply prospectively and shall not apply to members who terminate employment
or who retire prior to the effective date of any ordinance adopting such benefit improvements,
unless such ordinance specifically provides to the contrary.
Plan means the City of Edgewater Firefighter's Pension Plan and Trust.
Plan year means the twelve (12)month period beginning October 1 and ending September 30 of
the following year. The Plan year shall be the computation period for the purposes of the Plan.
Property Insurance means property insurance as defined in §624.604 and covers real and
personal property within the corporate limits of the City of Edgewater. "Multiple peril"means a
combination or package policy which includes both property and casualty coverage for a single
premium.
Retiree means a member who has entered retirement status.
Retirement means a firefighter's separation from the City employment as a firefighter with
immediate eligibility for receipt of benefits under the Plan. For purposes of a Plan that includes a
Deferred Retirement Option(DROP),"retirement"means the date a firefighter enters the DROP.
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Salary prior to October 1, 2012, means total cash remuneration paid a firefighter for service
rendered, reported on the member's W-2 form, plus all tax deferred,tax sheltered or tax exempt
items of income derived from elective employee payroll deductions or salary reductions.
Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal Revenue
Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not
be less than the amount which was allowed to be taken into account hereunder in effect on July
1, 1993. The City understands and acknowledges that is has no authority to amend Chapter 175.
Salary on October 1, 2012 and thereafter means the fixed monthly remuneration paid a
firefighter,provide that when calculating retirement benefits,up to three hundred (300)hours per
year in overtime compensation and any accrued leave balance shall be included, but payments
for accrued unused sick or vacation leave accrued after said date may not be included.
For the purpose of applying the limitations set forth in Sections 401(a)(17)and 415 of the
Internal Revenue Code, earnings shall include any elective deferral (as defined in Code Section
402(gx3)of the Internal Revenue Code),and any amount which is contributed or deferred by the
employer at the election of the member and which is not includible in the gross income of the
member by reason of Section 125 or 457 of the Internal Revenue Code. For limitation years
beginning on and after January 1, 2001, for the purposes of applying the limitations described
herein compensation paid or made available during such limitation years shall include elective
amounts that are not includible in the gross income of the member by reason of Section 132(1)(4)
of the Internal Revenue Code.
Supplemental Plan means a Plan to which deposits are made to provide extra benefits for
firefighters. Such a Plan is an element of a local law Plan and exists in conjunction with a
defined benefit Plan that meets the minimum benefits and minimum standards of this chapter.
Plan means the City of Edgewater Firefighter's Pension plan and Trust as contained herein and
all amendments thereto.
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