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2014-11 Police & Fire Pension Plan AmendmentORDINANCE NO. 2014-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2 -159, "CREATION OF TRUST AND DEFINITIONS," TO LIMIT OVERTIME FOR POLICE OFFICER MEMBERS, SECTION 2 -161, "BENEFIT AMOUNTS," TO CLARIFY THE NORMAL RETIREMENT BENEFIT AND SECTION 2 -163, "CONTRIBUTIONS," TO INCREASE POLICE OFFICER MEMBER CONTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach and the Palm Beach County Police Benevolent Association entered into a collective bargaining agreement which, among other things, made certain changes to the Pension Plan provisions governing overtime and member contributions for the Police Officers who are members of the North Palm Beach Fire and Police Retirement Fund ( "Fund "); and WHEREAS, the Board of Trustees of the Fund has recommended an additional change to the Pension Plan provisions to clarify the definition of normal retirement benefit and determined that the proposed amendments to the Pension Plan set forth herein are in the best interests of the participants and beneficiaries of the Pension Plan; and WHEREAS, the Village Council of the Village of North Palm Beach determines that the adoption of this Ordinance is in the best interests of the residents and employees of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED, BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 2, "Administration," Article V, "Pension and Retirement Systems," Division 4, "Pension and Certain Other Benefits for Fire and Police Employees," of the Village Code of Ordinances by amending Section 2 -159 to read as follows (new language is underlined): Sec. 2 -159. Creation of trust and definitions. (b) Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Page 1 of 3 Earnings means a member's gross salary, including overtime, public safety pay increment and special pay, but excluding bonuses, such as longevity, safety and attendance awards and any other non - regular payments such as unused sick leave or vacation time pay. Beginning with earnings after December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the definition of earnings includes amounts paid by the village as differential wages to members who are absent from employment while serving in qualified military service. For Police Officer members only, effective the first full payroll following October 1 2013 Police Officers will be limited to three hundred (300) hours of overtime ver officer per fiscal year. Section 3. The Village Council hereby amends Chapter 2, "Administration," Article V, "Pension and Retirement Systems," Division 4, "Pension and Certain Other Benefits for Fire and Police Employees," of the Village Code of Ordinances by amending Section 2 -161 to read as follows (deleted language is strieken th.-oug ): Sec. 2 -161. Benefit amounts. (a) Normal retirement benefit. (2) 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 deat ., wM on htmdr-ed twenty (120). monthly payments guaranteed " n ' If the member should die before one hundred twenty (120) monthly payments are made, payments are then continued to the designated beneficiary until one hundred twenty (120) monthly payments in all have been made, at which time the benefits cease. Section 4. The Village Council hereby amends Chapter 2, "Administration," Article V, "Pension and Retirement Systems," Division 4, "Pension and Certain Other Benefits for Fire and Police Employees," of the Village Code of Ordinances by amending Section 2 -163 to read as follows (new language is underlined): Sec. 2-163. Contributions. (a) Member contributions. Page 2 of 3 (1) Amount. Members of the plan shall make regular contributions to the fund at a rate equal to two (2) percent of their respective earnings. For Police Officer members only: (i) effective at the beginning of f the first full payroll period after October 1, 2013, the Police Officer member contribution shall increase to two and sixty -seven one hundredths (2.67) percent (ii) effective the first full pa r �period after October 1 2014, the Police Officer member contribution shall increase to three and thirty -three one hundredths (3.33) percent; and (iii) effective the first full payroll period after October 1, 2015, the Police Officer member contribution shall increase to four (4) percent. Section 5. The provisions of this Ordinance shall become and be made part of the Code of Ordinances for the Village of North Palm Beach, Florida. Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 7. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Ordinance shall become effective upon the occurrence and satisfaction of each of the following events: (a) the Village Council has received and has accepted a report establishing the actuarial soundness of these amendments; and (b) a copy of this Ordinance is transmitted to the State of Florida Division of Retirement. PLACED ON FIRST READING THIS 11th DAY OF SEPTEMBER, 2014. PLACED ON SECOND, FINAL READING AND PASSED THIS 25th DAY OF SEPTEMBER, 2014. (Village Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3 kQ ni� � C MAYOR