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Fort Walton Beach Ordinance — 2175--Amend COO Sec 2.09.03 Police Pension Benefits — reading text
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ORDINANCE 2175
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT
WALTON BEACH, FLORIDA, AMENDING THE CITY OF FORT WALTON
BEACH POLICE OFFICERS' RETIREMENT FUND; AMENDING SECTION
2. 09. 03 PERTAINING TO BENEFIT AMOUNTS AND ELIGIBILITY;
AMENDING THE SECTION PERTAINING TO PRE- RETIRMENT DEATH;
AMENDING THE SECTION PERTAINING TO OPTIONAL FORMS OF
BENEFITS; AMENDING THE SECTION PERTAINING TO MINIMUM
DISTRIBUTION OF BENEFITS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, changes to the Internal Revenue Code may happen quickly and frequently.
There is a benefit in authorizing the Board to make appropriate changes to the Plan in order to
maintain the Plan' s tax qualified status;
WHEREAS, effective January 1, 2023, the Internal Revenue Code was amended
by increasing the required minimum distribution age from 72 to 73;
WHEREAS, the City of Fort Walton Beach City Council finds that it would be in the
best interest of the citizens of the City and the members of the Police Officers' Retirement
Fund to amend the Plan as set forth below to maintain compliance with the Internal Revenue
Code and the Florida Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WALTON BEACH, FLORIDA;
SECTION 1: 5) of the Police Officers' Retirement Fund is
That section 2. 09. 03( f)(
hereby amended as follows:
f) Benefit Amounts and Eligibility.
5) Required Distribution Date. The member's benefit under this section must begin
to be distributed to the member no later than April 1 of the calendar year following the
later of the calendar year in which the member attains age seventy and one half (70'/ 2)
three ( 731 provided the member had not already attained age 72 by December 31, 2022,
or the calendar year in which the member terminates employment with the City. The Plan will
make all future required minimum distributions in compliance with the prevailing
age restrictions and additional parameters set out in the Internal Revenue Code as
amended from time to time.
SECTION 2: That section 2. 09.03( g)( 2) e of the Police Officers' Retirement Fund
is hereby amended and shall read as follows:
g) Pre-Retirement Death.
2) Deceased Members Vested or Eligible for Retirement with Spouse as
Beneficiary. This subsection ( 2) applies only when the member' s spouse is
the sole designated beneficiary. The spouse beneficiary of any member
who dies and who, at the date of their death was vested or eligible for early
or normal retirement, shall be entitled to a benefit as follows:
e. Notwithstanding anything contained in this section to the contrary, in
any event, distributions to the spouse beneficiary will begin by
December 31 of the calendar year immediately following the calendar
year in which the member died, or by a date selected pursuant to the
above provisions in this section that must be on or before December 31
of the calendar year in which the member would have attained age
2) three ( 73), provided the member had not
seventy and one half( 701/
already attained age 72 by December 31, 2022.
SECTION 3: That section 2. 09. 03( j)( 5) e of the Police Officers' Retirement Fund is
hereby amended and shall read as follows:
j) Optional Forms of Benefits.
5) Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the following
limitations:
e. The member's benefit under this section must begin to be distributed to the
member no later than April 1 of the calendar year following the later of the
calendar year in which the member attains age seventy and one half( 70'/ 2)
three ( 73), provided the member had not already attained age 72 by
December 3L 2022, or the calendar year in which the member terminates
employment with the City. The Plan will make all future required
minimum distributions in compliance with the prevailing age
restrictions and additional parameters set out in the Internal Revenue
Code as amended from time to time.
SECTION 4: That sections 2. 09.03( p)( 2) a and 2. 09. 03( p)( 2) b. 1 of the Police Officers'
Retirement Fund are hereby amended and shall read as follows:
p) Minimum Distribution of Benefits.
2) Time and Manner of Distribution.
a. Required Beginning Date. The member's entire interest will be distributed, or
begin to be distributed, to the member no later than the member's required
beginning date which shall not be later than April 1 of the calendar year
following the later of the calendar year in which the member attains age seventy
and one half ( 70 1/ 2) three ( 73), provided the member had not already
attained age 72 by December 31, 2022, or the calendar year in which the
member terminates employment with the City. The Plan will make all future
required minimum distributions in compliance with the prevailing age
restrictions and additional parameters set out in the Internal Revenue
Code as amended from time to time.
b. Death of Member Before Distributions Begin. If the member dies before
distributions begin, the member' s entire interest will be distributed, or begin to
be distributed no later than as follows:
1. If the member' s surviving spouse is the member's sole designated
beneficiary, then distributions to the surviving spouse will begin by
December 31 of the calendar year immediately following the calendar year
in which the member died, or by a date on or before December 31 of the
calendar year in which the member would have attained age seventy and
one half ( 70 1/2) three ( 73), provided the member had not already
attained age 72 by December 31, 2022, if later, as the surviving spouse
elects.
SECTION 5: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Fort Walton Beach.
SECTION 6: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 7: 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 8: That this Ordinance shall become effective upon its adoption on second
reading by City Council and signature by the Mayor.
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Adopted: - 3—
cnu c , c2 TS 1 Z.oA..5
Nic Allegretto, May, Pro Tern
Attest: Approved as to gal
rm and sufficiency
for the City of . rt : lton Beach, only.
Kim M. aures, City Clerk Jeffrey Burns ity 7 orney
Additions are underlined; : - - ':•.. :. - - „-
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Pm I FOSTER & FOSTER
ACTUARIES AND CONSULTANTS
October 19, 2023
VIA EMAIL
Board of Trustees
City of Fort Walton Beach
Polis Officers' Pension Board
Re: City of Fort Walton Beach
Police Officers' Retirement Fund
Dear Board:
We have reviewed the proposed Ordinance amending multiple sections pertaining to the distribution of
benefits, which changes the required distribution age from 70. 5 to 73 for those that had not reached age
72 by December 31, 2022. We have determined that the adoption of this change will have no impact on
the assumptions used in determining the funding requirements of the program.
Because the above changes do not result in an immediate change in the valuation results, it is our opinion
that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the
Division of Retirement must be aware of the current provisions of all public pension programs, it is
recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each of the
following offices:
Mr. Keith Brinkman Mr. Steve Bardin
Bureau of Local Retirement Systems Municipal Police and Fire
Division of Retirement Pension Trust Funds
P. O. Box 9000 Division of Retirement
Tallahassee, FL 32315- 9000 P. O. Box 3010
Tallahassee, FL 32315- 3010
If you have any questions, please let me know.
Sincerely,
Jose h L. Griffin, ASA, EA, MAAA
cc: Stu Kaufman, Board Attorney
13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 ( 239) 433- 5500 Fax( 239) 481- 0634 www.foster-foster.com
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Writer' s E- mail: Seanti RobertDKlausner.com
January 6, 2025
Via E-Mail: council(a,fwb.org; citymanagerfwb.org; jpetersAfwb.org
Mr. Jeff Peters, City Manager
City of Fort Walton Beach
107 Miracle Strip Parkway SW
Fort Walton Beach, Florida 32548
