2015-05 Code Amendment - Police and Fire Pension Plan AmendmentORDINANCE NO. 2015 -05
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 AMEND THE DEFINITION OF EARNINGS TO CAP THE NUMBER OF
OVERTIME HOURS FOR FIREFIGHTERS AND AMENDING SECTION 2 -163,
"CONTRIBUTIONS," TO INCREASE FIREFIGHTER 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 Professional Firefighters/Paramedics
of Palm Beach County, Local 2928, IAFF, Inc. 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 Firefighters who are members of the North Palm Beach
Fire and Police Retirement Fund ( "Fund "); and
WHEREAS, the Board of Trustees of the Fund has 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):
See. 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:
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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 per
officer per fiscal year. For Firefighter members only, effective the first full
payroll following December 11, 2014 Firefighters will be limited to two hundred
(200) hours of overtime per firefighter 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 -163 to read as
follows (new language is underlined):
Sec. 2-163. Contributions.
(a) Member contributions.
(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 the first full
payroll period after October 1, 2013, the Police Office member contribution
shall increase to two and sixty -seven one hundredths (2.67) percent;
(ii) effective the first full payroll 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.
For Firefighter members only_(i) effective the beginning of the first full
payroll period after April 1, 2015, the Firefighter member contribution
shall increase to three and one -half (3.50) percent; and (ii) effective the
first full payroll period after April 1 2016 the Firefighter member
contribution shall increase to five (5.00) percent.
Section 4. 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 5. 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.
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Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. 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 26TH DAY OF MARCH, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF APRIL, 2015.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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