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1992-01 Amends Fire & Police Pension Fund1 ORDINANCE NO. 1-92 AN ORDINANCB OF THE VILLAGE OF NORTH PALM BSACH,FLORIDA,AMSNDING AND RBSTATING SECTION Z-159 THROUGH SBCTION 2-169,INCLUSIVS, OF DIVISION 4, PENSION AND CERTAIN OTHER BENEFITS FOR FIRS AND POLICE EMPLOYERS, OF ARTICLE V OF CHAPTER Z OF THS CODS OF ORDINANCBS OF THS VILLAGE; PROVIDING FOR THS REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HBRSNITH; AND, PROVIDING POR AN EFFECTIVE DATE. BB IT ORDAINED BY TH6 VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section L Section 2-159 of the Code of Ordinances of the Village of North Palm Beach is hereby amended to read as follows: "Section 2-158. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: 1. Accrued Benefit means the portion of a Member's normal retirement benefit which is considered to have accrued as of any date. A member's Accrued Benefit as of any date shall be equal to 2 1/4AS of his Average Monthly Earnings multiplied by his Credited Service, with a maximum benefit equal to 50~ of Average Monthly Earnings. For purposes of this calculation, Average Monthly Earnings and Credited Service as of the date of determination shall be used. The Accrued Benefit is considered to be payable in the Plan's normal form commencing on the Member's Normal Retirement Date, with such date determined as though the Member remains in full-time employment with the Employer. i; 2. Accumulated Contributions means a Member's own contributions plus interest credited thereto, if any, by the Board. ' 3. Actuarial Bauivalence or Actuarially Equivalent means that any benefit payable under the terms of this Plan in a form other than the normal form of bettefit shall have the same actuarial present value on the date payment oommences as the normal form of benefit. For purposes of eatabltahing the actuarial present value of any form of payment, other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using 7AS interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. In the Dees of a lump sum distribution, the actuarial present value shall be determined on the basis of the same mortality rates as lust described and the Pension Benefit Guaranty Corporation's interest rates for ' terminating single employer plans, which rates are in effect: a. 90 days prior to the Member's date of termination if distribution is made within six months of such date, or b. 90 days prior to the distribution date if distribution is made more than six months after date of termination. 4. Avera¢e MonthLv Earnin¢a means one-sixtieth (1/60th) of Earnings of a Member during the five years of his employment within the last ten years of employment, which is greater than the total during any other five years during said ten year period; provided that it a Member shall have been employed for fewer than five years, such average shall be taken over the period of his actual employment. 5. Beneficiary means the person or persona entitled to receive benefits hereunder at the death of a Member who has or have been ' designated in writing by the Member and filed with the Board. It 2 ' no such designation is in effect at the time of death of the Member, or if no person so designated is living at that time, the Beneficiary shall be the estate of the Member. 6. j~r,~ means the Board of Trustees which shall administer and manage the Pian herein provided and serve as Trustee of the Fund. 7. Credited Serv,~ce means the total number of years and fractional parts of years of service, expressed as years and completed months, during which a person serves as an Employee as defined below, omitting intervening years and fractional parts of years, when such person may not ,be employed by the Employer; provided, however, such person may have without interrupting his or her years of Credited Service, up to one year's leave of absence. Notwithstanding the foregoing, no Employee will receive credit for years or fractional parts of years of service for which he hae withdrawn his contributions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within 90 days after his reemployment, as provided in Seotion 2 below. Further, an Employee may voluntarily leave his contributions in the pension fund fora period of five years after leaving the employ of the Employer, pending the possibility of his being rehired, without loafing credit for the time he has participated actively as an Employee. Should he not be reemployed within five years, his contributions shall be returned to him without interest. 1 3 ' It is provided further that Credited Service shall include any adrvice, voluntary or invpluntary, in the armed forces of the United States, provided the Employee is legaIIy entitled to reemployment under the provisions of the Universal Training and Service Act or any similar law; and provided further that said Employed shall apply for reemployment within the time and under the conditions prescribed by law. For any person who becomes a Member of the System on or after October 1, 1978, such military service shall not be credited if he is receiving or will reedive in the future a retirement benefit from the federal government based in whole or in part on such military service. 8. EarLv Retirement Date means for each Member the first day of the ' month coincident with or ndxt following the date on which he attains his 50th birthday. 9. Earnin¢a means a Member's gross salary, including overtime, public safety pay increment and special pay, but excluding bonuses such as longevity, safety and attendence awards and any other nonregular payments such as unused sick leave or vaetion time pay. 10. Effective Date means March 1, 1967, the date on which this Plan initially became effective. The effective date of this restated Plan is the date as of which the Village Council adopts the Plan. il. Employee means each actively employed full-time Firefighter and Police Officer of the Village. 12. Eraloyer means the Village of North Palm Beach, Florida. 13. Firefighter means any person employed in the fire department who ' is certified as a firefighter as a condition of employment in 4 accordance with the provisions of Section 633.35, Florida Statutes ' and whose duty it is to extinguish Pirea, to protect life, and to protect property. 14. Fund means the Trust Fund established herein as part of the Plan. 15. l~lember means an Employee who fulfills the preaoribed participation requirements. 16. Norral Retirement Date means for each Member the first day of the Month coinoident with or next following the date on which he attains his 60th birthday. A Member may retire on this Normal Retirement Date or on the first day of any month thereafter. 17. Plan or System means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. ' 18. Plan Year means each year commencing on October lat and ending on September 30th. 19. Police Officer means any person employed in the police department who 1a certified as a law enforcement officer ea a condition of employment in accordance with the provisions of Section 943.14, Florida Statutes and who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the State. Any public safety officer who is responsible for performing both police and fire services and who is certified sa a Police Officer or Firefighter shall be considered a Police Officer. ' 20. Saouse shall mean the lawful wife or husband of a Member at time of preretirement death or retirement." 5 ' Section 2. Section 2-160 of the Code of the Ordinance of the Village of North Palm Beach is hereby amended to read as followai "Section 2-160. MEMBSBSHIP 1. Conditions of Eli¢ibility Each person who becomes an Employee must become a Member of the Plan as a condition of his employment. Each such Employee shall be considered a Member on the October 1st coincident with or next following the first anniversary of his date of employment or reemployment as an Employee. 2. Aaalication for Memberahia Each eligible Employee shall, within 30 days of becoming eligible, ' complete an application form covering the following points, as well as such other points or items as may be preaoribed by the Boards a. Acceptance of the terms and conditions of the Plan, b. Designation of a Beneficiary or Beneficiaries, c. Authorization of a payroll deduction payable to the Plan as hereinafter provided, d. Provision of acceptable evidence of his date of birth, e. A certified statement as to prior medical history, and f. A written release allowing distribution of all medical records to the Board. 3. Chanee in Designation of Beneficiary A Member may from time to time change his designated Beneficiary by written notice to the Board upon forma provided by the Board. ' Upon such change, the rights of all previously designated Beneficiaries to receive any benefit under the Plan shall cease. 4. B_~-Back of Previous Service 6 1 Each Member of the Plan who terminates his employment with the Employer and who is subsequently reemployed by the Employer shall be permitted to "buy-back" his previous Credited Service under the followin¢ conditional a. The len¢th of time between the Member's termination date and his subsequent reemployment date is not limited. b. The Member must pay into the Fund an amount equal to the sum of the amount he withdrew from the Fund when he terminated employment, plus interest thereon at the rate of 77K from the date of withdrawal to the date of repayment. c. The Board shall notify the Employee of the total amount ' payable, as described above. Payment must be made within 90 days of such notification. d. Upon timely payment of the required amount, the Employee shall immediately be reinstated as a Member of the Plan and shall be ¢iven credit for his previous Credited Service." Section S. Section 2-161 of the Code of the Ordinances of the Villa¢e of North Palm Beach is hereby arended to read as folloxai "Section t-16L BENEFIT AMOUNTS 1. Normal Retirement Benefit a. ~~. 8ach Member who retires on or after his Normal Retirement Date shall be eli¢ible to receive a normal retirement benetit commencin¢ on his actual retirement date. The ' monthly normal retirement benefit shall be an amount equal to 8 1/4% of his Avera¢e Monthly Earnin¢a multiplied by the 7 ' Member's Credited Service. The maximum benefit is 50~ of Average Monthly Earnings. b. Form of Benefit. The normal retirement benefit shall commence on the Member's actual retirement date and be payable on the first day of each month thereafter, with the last payment being the one next preceding the retiree's death. c. Oational Forms of Benefit. In lieu of the form of benefit iuat described, a Member may choose an optional form of benefit as provided in Section 4 below. d. ~009t Veatin¢. Each member who attains his Normal Retirement Date shall be 100 vested in hia Accrued Benefit. 2. I3arlr Retirement Benefit ' A Member retiring hereunder on or after his Early Retirement Date may receive either a deferred or an immediate monthly retirement benefit as follows: a. A deferred monthly retirement benefit which shall commence on the Normal Retirement Date and shall be continued on the first day of each month thereafter during hia lifetime. The amount of the benefit shall be determined and paid in the same manner as for retirement at hie Normal Retirement Date except that Average Monthly Earnings and Credited Service shall be determined as of hia Early Retirement Date, or b. An immediate monthly retirement benefit which shall commence on his Early Retirement Date and shall be continued on the first day of each month thereafter during his lifetime. The ' benefit payable ahaII be ae determined in subparagraph a. above, reduced by b/12tha of 1~ for each month by which 8 ' the starting date of the benefit precedes the Normal Retirement Date. , 3. The benefit formula applleable in all cases of retirement shall be that in effect on each Member's employment termination date. 4. Death Benefits a. In the event of death of a Member who was eligible for an 8arly or Normal Retirement Benefit but who dies before commencement of benefits, a death benefit shall be paid to his designated Beneficiary, as of his date of death. It shall be assumed that such deceased Member had retired on the day before his date of death, and a monthly benefit shall be paid ' to the Beneficiary in acoordance with the optional form of benefit that the Member had selected prior to his death. If the Member had not selected an optional form of benefit prior to his death, it ahaII be assumed that he had selected a 50~ joint and survivor annuity. b. Upon the death of a retiree, no benefit shall be paid except such benefit resulting from the preretirement selection of an option providing a survivor benefit and except for the excess, if any, of such retiree's Accumulated Contributions over the amount of benefits which had been received prior to the retiree's death. 5. DlaebiLt_v RetLrnrnn4 a. A Member having ten or more years of Credited Service ray ' retire from the service of the Village under the Plan if, prior to his Normal Retirement Date, he beoomea totaIIy and permanently disabled as defined in subsection (b) hereof. 9 ' Such retirement shall herein be referred to as disability retirement. b. A Member will be oonsidered totally disabled if, in the opinion of the Board, he is wholly prevettted from renderin¢ useful and efficient service as a Pollee Officer or Firefi¢hter, and a Member will be oonsidered permanently disabled if, in the opinion of the Board, such Member is likely to remain so disabled continuously and permanently. c. No Member shall be permitted to retire under the provisions of this aeGtton until examined by a duly qualified physician or aur¢eon, to be selected by the Board for that purpose, and is found to be disabled in the decree and in the manner specified in this section. Any Member retirin¢ under this section shall be examined periodically by a duly qualified physician or sur¢eon or board of phyaioiat-s and sur¢eons to be selected by the Board for that purpose, to determine if such disability has ceased to exist. d. The benefit payable to a Member who retires with a total and permanent disability as a result of a disability commencing prior to his Normal Retirement Date is the monthly income payable for ten years certain and life which can be provided by the ain¢le-sum value of the Member's Aoorued Benefit. e. (1) The monthly retirement income to which a Member is entitled in the event of his disability retirement will be payable on the first day of each month. The first ' payment will be made on the first day of the month followin¢ the later to occur of: 10 (a) The date on whioh the disability has existed for ' six months, or (b) The date the Board approves the payment of such retirement income. (2) The last payment will be: (a) If the Member recovers from the disability prior to his Normal Retirement Date, the payment due next preceding the date of such recovery, or (b) If the Member dies without recovering from his disability or attains his Normal Retirement Date while still disabled, the payment due next preceding his death or the 120th monthly payment, whickever is later. ' (3) Any monthly retirement income payments due after the death of a disabled member shall be paid to the Member's designated Beneficiary. f. If the Board finds that a Member who is receiving a disability retirement income ts, at any time prior to his Normal Retirement Date, no longer disabled, as provided herein, the Board shall direct that the disability retirement income be discontinued. Recovery from disability as used herein shall mean the ability of the Member to reader useful and efficient service as a Police Officer or Firefighter. g. If the Member reoovera from the disability and reenters the service of the Village as a Police Officer or Firefighter, his ' aervloe will be deemed to have been continuous, but the period beginning with the first month for which he received a disabllity retirement income payment and ending with the 11 date he reentered the service of the Village wlll not be ' considered as Credited Service for the purposes of the Plan. 6. Termination Benefits and VeatL~Q a. Each Member who terminates employment with the Employer and who is not eligible for any of the retirement, death, or disability benefits set forth herein shall receive from the Fund within a reasonable time following hie date of termination a refund of hie Accumulated Contributions. Provided, however, that it at the time of hie termination of employment the Member has ten or more years of Credited Service, he shall have the option of either receiving his Accumulated Contributions or his Accrued Benefit payable commencing at the date which would have been his Normal Retirement Date had he remained in full-time employment with the Employer. The Member may direct that hie Accrued Benefit, reduced as for Early Retirement, commence at age 50 or any date thereafter provided his Accumulated Contributions are not withdrawn. b. A refund of Accumulated Contributions to a Member or hie Beneficiary shaA constitute a full and complete discharge of any and all rights to claims or benefits under the System by the Member or hie Beneiiciariea. 7. Cost of Livin¢ Adiuatment The amount of pension benefit will be increased or decreased in accordance with the changes in the consumer price index published ' by the U.S. Bureau of Labor Statistics. Adiuatments of pension payments will be made on October 1st of each year reflecting the change in the consumer price index over the It month period ending 12 ' three months before that date. The maximum increase or decrease in the Member's pension., benefit for any one year is 9X. However, the Member's pension benefit can never be reduced below the amount the Member received at date of retirement. Such adjustments shall apply to each retirement, survivor or disability benefit in pay status as of each October lat. 6. ~tritation on Benefits In no event may a Member's annual benefit exceed the limitations of Internal Revenue Code Section 415 as such provisions apply to governmental pension plans. The provisions of Internal Revenue Code Section 415 that apply to governmental pension plans are hereby incorporated into this Plan by reference." Section 4. Section 2-162 of the Code of Ordinances of the Village of North ' Palm Beach ie hereby amended to read ae followai "Section 2-162. OPTIONAL FORMS OF BBNBFITS Each Member entitled to a normal, early or vested retirement benefit shall have the right at any time prior to the date on which benefit payments begin to elect to have his benefit payable under any one of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any such elections and make a new election at any fire prior to the actual beginning of payments. The value of optional benefits shall be Actuarially Equivalent to the value of benefits otherwise payable. and the present value of payments to the retiring Member must be at least equal to fifty percent (50X) of the total present value of payments to the retiring Member and his Beneficiary. The Member shall make such an election by written request to the Board, such request being retained in the Board's fllea. a. Oation 1 -Joint and Last Survivor Oation 1S The Member may elect to receive a benefit, which has been adjusted ' to the Actuarial 8quivalent of the normal form of benefit, during his lifetime and have such adjuated benefit (or a designated fraction thereof) continued after his death to and during the lifetime of hia Beneficiary. The election of Option 1 ahaII be null and void if the designated Beneficiary dies before the Member's benefit payments commence. b. Option t - 10 Yeare Certain and Life Annuity The Member may elect to receive a benefit, which has been adjuated to the Actuarisl,Equivalent of the normal form of benefit, with 120 monthly payments guaranteed. If the Member should die before said 120 monthly payments are made, payments are then continued to his designated Beneficiary until 120 payments in all have been made, at ' which time benefits cease. After expiration of the 120 monthly guaranteed payments, should the retired Member be then alive, payments shall be continued during hia remaining lifetime. c. Option S - Sodal Security Adiustment Oatton If a Member retiree before being eligible for Social Security benefits, he msy elect this option. A Member may elect to receive a larger pension up to the date he begins receiving Social Security benefits. The Member's pension benefits may be reduced or terminated after Social Security payments begin. The amount of reduction shall be actuarially determined. d. Option 4 -Other In lieu of the other optional forma enumerated in this Section, ' benefits may be paid in any form approved by the Board so long as Actuarial Equivalence with the benefits otherwise payable is maintained." 14 Section 5: Section 2-183 of the Code of the Ordinances of the VilleSe of ' North Palm Beach is hereby amended, to read as followai "Section t-1630 CONTRIBUTIONS 1. Mem r Contributions a. Arount. Members of the Plan shall make regular contributions to the Fund at a rate equal to one percent of their respective Earnings. b. Duration. Contributions shall be deducted from said Earnings before the same are paid until the Member has reached his actual retirement date or his termination date whichever occurs first. Member contributions shall be deposited ir- the Fund on at least a monthly basis. In the event that the Employer a¢rees to assume and pay Member contributions in ' lieu of direct contributions by the member, such contributions shall accordingly be paid into the Plan in behalf of the Members. No Member subJect to such agreement shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the Employer directly to the Plan. Ail such contributions by the Employer shall be deemed and considered as part of the member's Accumulated Contributions and subiect to all provisions of this Plan pertaining to Accumulated Contributions of Members. The intent of this Language is to comply with Section 414(h)(2) of the Internal Revenue Code. c. Interest. Interest shall be credited to Member contributions ' as of September 30th of each year at a rate equal to the chance in the consumer price index, published by the U.S. Bureau of Labor Statistics. over the 12 month period ending 15 on the previous June SOth. The maximum rate for any year ' shall be 7~ and the minimum rate shall be 0~. d. guaranteed Refund. All benefits payable under this Plan are iit lieu of a refund of Aooumulated Contributions. In any event, however, each Member shall be Quaranteed the payment of benefits on his behalf at least equal in total amount to his Accumulated Contributions. 2. State Contributions Any monies received or receivable by reason of the laws of the State of Florida for the express purpose of fundin¢ and paying for the benefits of Police Officers or Firefighters shall be deposited it- the Fund within the time prescribed by law. Said monies shall be for the sole and exclusive use of Members or may be used to pay extra benefits for Members. 3. Emalorer Contributions So lon¢ as this Plan is in effect, the Employer shall make contributions to the Fund in an amount at least equal to the difference in each year as between the aeare~ate Member and State contributions for the year and the total cost for the year as shown by the most recent actuarial valuation report for the System. The total cost for any year shall be defined as the total of normal coat plus the additional amount sufficient to amortize the unfunded actuarial liability in accordance with applicable laws of the State of Florida. The Employer's contribution shall be deposited on at least a quarterly basis. ' 4. Forfeitures 16 ' Any forfeitures arising shall be applied to reduce future contributions to the Play. No forfeited amount shall be applied to change benefit amounts for Members." Section 6. Section 2-164 of the Code of the Ordinances of the Village of North Palm Beach is hereby amended to read as follows: "Section Z-164: BOARD OF TRUSTEES 1. Comaoaition of Board The Board of Trustees shall consist of five members: four of whom shall be elected by a majority of the Members of the Plan. Two of the elected members shell be certified Firefighters of the Village, and two shall be certified Police Officers of the Village. The fifth member of the Board shall be a legal resident of the Village, and ' shall be appointed by the Village Council. Each of the elected Board Members shall be appointed for a period of two years, unless he sooner leaves the employment of the Village or forfeits membership on the Board, whereupon a successor shall be elected by a majority of the Members of the Plan. Each of the elected Board Members may succeed himself in office. The resident member shall be trustee for a term of two years unless he forfeits membership on the Board, and he may succeed himself in office. The resident member shall hold office at the pleasure of the Village Council. The fifth member shall have the same rights as each of the other four members appointed or elected as herein provided. The Trustees shall by majority vote elect from its members a chairman and a secretary. The secretary of the Board shall keep a complete minute book of the actions, proceedings. or hearings of the Board. ' The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 2. Forfeiture of Memberehin on rd for Absent ia~ 17 ' in the event a member of the Board shall fail to attend three consecutive regular meetings of the Board, such member shall be deemed to forfeit membership on the Board and shall, at the conclusion of the third such meeting, no longer be a member of the Board. Such individual shall not thereafter be eligible for reappointment or election to the Board for a period of two years. Any absence may be excused by the Board upon a showing that there existed justifiable reasons for the absence. 3. Resorts and Records The secretary of the Board shall keep, or cause to be kept in convenient form, such date as shall be necessary for an actuarial valuation of the assets and liabilities of the System. The fiscal year ' for the keeping of records and rendering reports shall be from October lat through September 30th. 4. Board 1[eetin¢a The Board shall meet at least quarterly each year. At any meeting of the Board, three Trustees shall constitute a quorum. Any and all acts and decisions shall be by at least three members of the Board{ however, no Trustee shall take part in any action in connection with his or her own participation in the Plan, and no unfair discrimination shall be shown to any individual participating in the Plan. 5. power to Brin¢ and Defend Lawsuits The Board shall be a legal entity with, ir- addition to other powers ' and responeibilitiea contained herein, the power to bring and defend lawsuits of every kind, nature and description. The Board shall be independent of the Village to the extent required to accomplish the 18 Intent, requirements, and reaponaibilitiea provided for in this article ' and applicable law. Section 7. Section 2-165 entitled "Additional Rules and Regulations Authorized" is hereby repealed. Section &. Section t-166 of the Code of Ordinances of the Village of North Palm Beach is hereby amended to read as follows: "Section Z-168. POWER AND AUTHORITY OF BOARD The Board shall be the administrator of the System and, as such, it shall be solely responsible for administering the pension fund. The Board shall have the power and authority: 1. To invest and reinvest the assets of the pension fund ins a. Tire or savings accounts of a national bank, a state bank insured by the Federal Deposit Insurance Corporation, or a savings, bullding and loan association insured by the Federal Deposit Insurance Corporation. b. Obligations of the United States or obligations guaranteed as to principal and interest by the Government of the United States. c. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the Dlatrict of Columbia, provided: (1) The corporation is listed on any one or more of ' the recognized national stook exchanges and holds a rating in one of the three highest obisaifioations by a naior rating service; and 19 (2) The Board shall not invest more than five percent ' of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent of the outstanding capital stock of that company, nor shall the aggregate of its investments in equities at coat exceed 50~ of the pension fund's assets. 2. To issue drafts upon the pension fund pursuant to this article and rules and regulations prescribed by the Board. All such drafts shall be consecutively numbered, be signed by the chairman and secretary or their designee, and state upon their faces the purpose for which the drafts are drawn. The Village finance director or other depository of the Village shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the pension fund. 3. To finally decide all claims to relief under this article and under the Board's rules and regulations. 4. To convert into cash any securities of the pension fund. 5. To keep a complete record of all reoeipta and disbursements and of the Board's acts and proceedings. 6. To recommend an increase or deorease in the benefits payable hereunder, through the adoption of an amendment to this article, but provided such aotion is based on an aotuarial review by an enrolled actuary who is a member of the Society of Actuaries. ' Z. To retain, at least once every three years, an independent consultant professionally qualified to evaluate the performance of professional money managers. The independent oonsultant shall make 20 recommendations to the Board regarding the selection of money ' managers for the next investment term. These recommendations shall be considered by the Board at its next regularly scheduled meeting. The date, time, place and subJect of this meeting shall be advertised ir- a newspaper of general circulation in the municipality at least ten days prior to the date of the hearing." Section 9. Section 2-167 entitled "Oaths of Office, Meetings, Quorum of Board" of the Code of Ordinances of the Village of North Palm Beach is hereby repealed. Section 10. There is e.new Section 2-167 entitled "Tax On Insurers" added to the Code of Ordinances and to read as follows: "Section 2-167. TAX ON INSURERS 1. There is hereby levied and imposed an excise tax upon every insurance company, corporation or other insurer insuring loss against fire, tornado or windstorm or engaged in the business of casualty insurance. Such excise tax shall be in an amount equal to the rate specified in Chapter 175, Florida Statutes multiplied by the gross receipts of premiums from holders of insurance policies of fire and windstorm insurance, and the rate specified in Chapter 185, Florida Statutes multiplied by the gross receipts of premiums from holders of insurance policies of casualty insurance. All such policies shall be upon property within the corporate limits of the Village. Such excise tax shall be in addition to any and all excise taxes or license now levied or required by the Village. 2. The proceeds of aII monies received under this excise tax shall be ' received annually from the State of Florida by the Village and shall be deposited to the pension fund no more than flue days after receipt. 21 ' Section 1L Section 2-168 of the Code of Ordinances of the Village of North Palm Beach is hereby amended to reed as follows: "Section 2-168 REPEAL OR TBAMINATION OF PLAN 1. This Plan, and subsequent amendments pertaining to said Plan, may be modified, terminated, or amended, in whole or ir- part by the Employer; provided that if this Plan shell be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby., exoept to the extent that the assets of the Fund may be determined to be inadequate. 2. If this Plan shall be repealed, or it contributions to the Plan are discontinued, the Board shall continue to administer the Plan in accordanoe with the provisions of this Plan, for the sole benefit of the then Members, Beneficiaries then receiving retirement allowances, and any persona who would in the future be entitled to receive benefits under one of the options provided for in this Plan who are designated by any of said Members. In the event of repeal, or it contributions to the Plan are discontinued, there shall be full vesting (100) of benefits accrued to date of repeal and the assets of the Plan shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persona so entitled to benefits in accordance with the provisions hereof. 3. The following shall be the order of priority for purposes of allocating the assets of the Plan upon repeal of this Plan or if ' contributions to the Plan are discontinued: a. Members already retired under the retirement provisions of the Plan and those eligible for normal or early retirement but 22 ' not actually retired, and their Beneficiaries, in proportion to and to the extent .of the then actuarially determined present value of the benefits payable. If any funds remain, then b. Members who have at least tan years of Credited Service, in proportion to and to the extent of the then actuarially determined present value of their Accrued Benefits. It any funds remain, then c. The Accumulated Contributions of the active Members less any benefits received, and less amounts apportioned in a. and b. above, in proportion to and to the extent of the then amount of such Accumulated Contributions. If any funds remain, then d. All other Members whose present value of Aoorued Benefits ' have not been covered in a previous category in the same manner as ii- b. 4. After all the vested and Accrued Benefits provided hereunder have been paid and after all other liabilities have been satisfied, then an only then shall any remaining funds revert to the general fund of the Village, less return of State's contributions to the State, provided that, if the excess is leas than the total contributions made by the Village and the State to date of termination of the Plan, such exeesa shall be divided proportionately to the total contributions made by the Village and the State. 5. The allocation of the Fund provided for in this subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in ' accordance with this subsection. The fund may be distributed in one sum to the persons entitled to said banefita or the distribution may be carried out in such other equitable manner as the Board may 23 direct. The Trust may be continued in existence for purposes of subsequent distributions. v Section 12. Section 2-169 of the Code of the Ordinances of the Village of North Paln Beach is hereby amended to read as followas "Section t-169. MISCELLANEOUS 1. Dtachar¢ed Nembera. Members entitled to a pension shall not forfeit the same upon dismissal from the Employer, but shall be retired ea herein described. 2. Non-Assignability. No benefit provided for herein shall be pledgable, assignable or subject to garnishment for debt or for other legal process. 3. Pension Validity. The Board of Trustees shall have the power to ' examine into the !sots upon which any pension shall heretofore have been granted under any prior or existing law, or shell hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. Said Board is empowered to purge the pension roll of any person theretofore granted a pension under prior or existing law or hereafter granted under this Plan 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 Plan be erroneously, improperly or illegally classified. 4. Incomaetenta. 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 Plan, ' the Board may, unless and until claims shall have been made by a 24 1 duly appointed guardian or committee of such person, make such payment or any part thereof to such person's Spouse, children, trust or other person deemed by the Board 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 Plan for such payment. 5. Number and Gender. When appropriate the singular in this Plan shall include the plural and vice versa, and the masculine shall include the feminine and vice versa." Section 13. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 14. This Ordinance shall take effect immediately upon passage. 1 1 PLACED ON FIRST READING THIS 23RD DAY OF JANUARY , 1892. PLACED ON SECOND, FINAL READING AND PASSED THIS _13TH DAY OF FEBRUARY , 1992. ATTE VILLAGE CLERK 25