2005-08 Amends GE Pension Plan re bargaining unit employeesORDINANCE 08-2005
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2-156, MISCELLANEOUS, OF DIVISION 3,
PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF ARTICLE
V, PENSIONS AND RETIREMENT SYSTEMS, OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE VILLAGE BY ADDING A SECTION ENTITLED "BARGAINING
UNIT EMPLOYEES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Section 2-156, Miscellaneous, of Division 3, Pension and Certain Other Benefits for
General Employees, of Article V, Pensions and Retirement Systems, of Chapter 2 of the Code of
Ordinances of the Village is hereby amended by adding a section for Bargaining Unit employees and
to read as follows:
"Section 2-156. Miscellaneous.
(a) Discharged members. Members entitled to a pension as approved by the pension board shall
not forfeit the same upon dismissal from the village, but shall be retired as herein described.
(b) Nonassignability. No benefit provided for herein shall be assignable or subject to garnishment
for debt or for other legal process.
(c) Pension validity. The board of retirement shall have the power to examine into the facts upon
which any pension shall heretofore or hereafter have been granted or obtained to determine if such
pension was granted erroneously, fraudulently or illegally for any reason. The board is empowered to
purge the pension rolls of any person heretofore or hereafter granted a pension under prior or existing
law or heretofore granted under this division if the same is found to be erroneous, fraudulent or illegal
for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law or
who shall hereafter under this division be erroneously, improperly or illegally classified.
(d) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the board,
otherwise incapable of personally receiving and giving a valid receipt for any payment due him under
the system, the board may, unless and until claims shall have been made by a duly appointed guardian
of such person, make such payment or any part to such person's spouse, children or other person
deemed by the board, in its sole discretion, to have incurred expenses or assumed responsibility for
the expenses of such person. Any payment so made shall be a complete discharge of any liability
• under the system for such payment.
(e) Bargaining Unit Employees. Nothing herein shall limit the Village's authority to provide
• alternate retirement benefits to employees in each of the bargaining units provided:
1. The benefit is provided pursuant to the terms of a collective bargaining agreement
ratified by the Village Council or is the subject of a waiver of bargaining or a
memorandum of understanding.
2. No vested benefit is reduced or eliminated.
3. An actuarial impact statement disclosing the cost and effect of the modification is
made and reviewed by the Village Council prior to ratification of the collective
bargaining agreement.
4. The terms of the modification are incorporated in this Chapter of the Village Code by
amendatory ordinance.
Section 2. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the
remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 12th DAY OF MAY, 2005.
PLACED ON SECOND, FINAL READING AND PASSED
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(VII;I/'AGE SEAL)
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ATTEST:<,.~~ •+
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VILLAGE CLERK
26th DAY OF MAY, 2005.
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