Fort Walton Beach Ordinance — 1767 Firefighter Pension — reading text

READING DATE 1st 2nd ORDINANCE NO. 1767 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AMENDING THE CITY OF FORT WALTON BEACH FIREFIGHTERS' PENSION TRUST FUND, ADOPTED BY ORDINANCE NO. 1174, AS AMENDED BY ORDINANCE NOS. 1275, 1315, AND 1403; AMENDING SECTION 6, SERVICE RETIREMENT BENEFIT AMOUNTS AND ELIGmILITY; AMENDING SECTION 26, EARLY RETIREMENT INCENTIVE; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the City of Fort Walton Beach has entered into a collective bargaining agreement with the International Association of Firefighters, Local 2601, and, WHEREAS, Article 30 of the collective bargaining agreement contains certain changes to the City of Fort Walton Beach Firefighters' Pension Trust Fund; and WHEREAS, to implement the Early Retirement Incentive Program contained in Article 30 of the collective bargaining agreement, an amendment to the City of Fort Walton Beach . Firefighters' Pension Trust Food is necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; SECTION 1: That Ordinance No. 1174 of the City of Fort Walton Beach, adopting and restating the City of Fort Walton Beach Municipal Firefighters' Pension Trust Fund, as amended by Ordinance Nos. 1275, 1315, and 1403 is hereby amended by amending Section 6, Service Retirement Benefit Amounts and Eligibility; subsection 1.,Normal Retirement Date, to read as follows: A member' s Normal Retirement Date who retires after the effective date of this ordinance shall be the first day of the month coincident with, or next following, the attaimncnt of age fifty m'O ( 52) aREl tkc eompletioo oftweaty five (25) Y0afS of Cr-eElited Ser\iee af the attainment of age fifty-five (55) and the completion often 10) ( years of Credited Service or the completion of twenty-five (25) years of Credited Service regardless of age. A member may retire on his Normal Retirement Date or on the first day of any month thereafter, and each member shall become 100% vested in his accrued benefit on his Normal Retirement Date. SECTION 2: That Ordinance No. 1174 of the City of Fort Walton Beach, adopting and restating the City of Fort Walton Beach Municipal Firefighters' Pension Trust Fund, as amended by Ordinance Nos. 1275, 1315, and 1403 is hereby amended by amending Section 26, Early Retirement Incentive, to read as follows: Notv.ithstanding any other f) w!ision of this pl8B to the eaatrary, any member who ~.~; as born prior to ...^ a. prill, 1950 and has or attains manty five (25) or more years of Credited 8en-fec under the plan betv." eeB No,~ ber 1, 1999 aDd Marek 1, 2000 may eleet ta rxetire in aceordaBee ith.this seetie:a, vdtk FlO early Fetire-mea. ny eligihle member " i'ie eleets to retire t f06aetioB. ...'\ undor this section must submit a "mUon oleation to the Fife lithin ten ( 1 ~ ealeBdar days Chicf...." foll(yl ing the effeetive date afthis enliaanee. ...^.. n 8mf) loyee' s ".vrittea. election to retire ander this 1 section.shall be irre,' scahle. ...'\ n. y such eligible memher ,,'ho timely Sl:lbmits a written election fJ1:SUaBt 1:t' to this seGtisR sliall < ilia. Hfy fer a meBthly retiremeat benefit eEluaJ to two and three foorths perc-ent ( 2.75~~) of avera.ge final cempeBSa.tion f:ar each year of CrediteQ Service, up 1s a maximlHB sf ene Bedr-ea pereoot ( 1 OO~{,) sf a"lerage :BRal eempeBSatieR. A member ~'ho timely sahmits a written - eleGti00.pursaant t-o this seatioR may eleat aD altema.te farm of retirement iooome in aeeom8.Bee ". vith Seetien 10. The aemal retirement date of eaeh eligible member ,,^' ho timely Slihmits a ". v ntten eleetieB pursaaBt t8 this seetieB shall be deter. m iaed by the City based 00.operational needs. Benefit payments shall begin on the first oftha month coincident "." lith or neKt fallewiBg tke employee' s a.etu&l retifemeBt eate. Notwithstanding any other provision of this plan to the contrary. any active member who attained twenty (20) or more years of Credited Service under the plan bv or before March 11.. 2008 and who is employed by the City on or after that date. may elect to retire and terminate emplovrnent in accordance with this section. with no early retirement reduction. A:Dv . eligible member who elects to retire and terminate emDlovrnent under this section must submit a written election to the Fire Chief within ten (10) calendar days following the effective date of this ordinance. A member' s written election to retire and terminate employment under this section shall be irrevocable. The actual retirement date of each eligible member who timely submits a written election pursuant to this section shall be within six ( 6)months following the member' s election. as determined by the City based on operational needs. Any such eligible member who timely submits a written election pursuant to this section shall Qualify for a monthly retirement benefit eQual to three and one half percent ( 3.50%) of average final comDensation for each year of Credited UD to a maximum of one hundred percent (100%) of average final Service.. compensation. A member who timely submits a written election pursuant to this section may elect an alternate form of retirement income in accordance with Section 10. Benefit payments shall begin on the first day of the month coincident with or next following the member' s actual retirement date. SECTION 3: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 4: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: That this ordinance shall take effect immediately upon approval by Council and signature by the Mayor. 2  ADop~ k-? f~/ MAYOR: ~ 44 Mike Anderson ATTEST: iL~ g~ Reviewed and Approved as to fonn: o~ CMi o legal sufficiency: Note: Additions are underlined; deletions are strieken. ksd\fwb\fire\ 05- 21"() 8.ord DISPOSITION c.r 3  l. E:, City of Fort Walton Beach L- '~", v America' s Most Beautiful Beaches iA' Y'~\ l 107 Miracle Strip Parkway, SW * P. O. Box 4009 * Fort Walton Beach, F132549 u v' ",~' ! V / .: ,:, " 850) 833- 9500 * Fax ( 850) 833- 9640 www.fwb. org TDD ( 850) 833- 9925 Helen Spencer City Clerk 850) 833- 9509 , hspencer~ fwb. org June 25, 2008 James W. Linn, Pension Attorney Lewis, Longman & Walker, P. A. P. O. Box 10788 125 S. Gadsden Street, Suite 300 Tallahassee, FL 32302 Dear Mr. Linn: Enclosed please find Ord. 1767 adopted by City Council on June 24, 2008 relating to the City of Fort Walton Beach Firefighters' Pension Trust Fund amending the service retirement benefit amounts and eligibility; and early retirement incentive Please sign page 3 and mail the original page to me for our records. If you have any questions, please contact me at 850- 833- 9509. s~ Helen spe~ City Clerk Slm