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ORDINANCE NO. 4086
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE XVI
(RECODIFIED AS CHAPTER 66, PENSIONS AND
RETIREMENT, ARTICLE III), FIREFIGHTERS' RETIREMENT
SYSTEM; AMENDING SECTION 2-281 (RECODIFIED AS
SECTION 66-71), DEFINITIONS, BY AMENDING THE
DEFINITION OF "BASE PAY"; AMENDING SECTION 2-287
(RECODIFIED AS SECTION 66-77), OPTIONAL FORMS OF
BENEFITS; PROVIDING FOR SEVERABILITY OF
PROVISIONS; PROVIDING FOR CODIFICATION;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1: That Chapter 2, Administration, Article XVI (Recodified as Chapter 66,
Pensions and Retirement, Article III) of the City Code of the City of Sanford entitled
Firefighters' Retirement System, is hereby amended by amending Section 2-281
(Recodified as Section 66-71), Definitions, by amending the definition of Base pay, to read
as follows:
Base pay means the pay for the grade and step in the salary classification pay plan
in the city for the given fIScal year, including all tax deferred, tax sheltered or tax exempt
items of income derived from elective employee payroll deductions or salary reductions
and otherwise includible in base pay. Base pay shall also include "Education Incentive".L
"Enqineer Incentive", as well as .Paramedic Incentive" paid to firefighters who are certified
as paramedics and Specialty Pay. Compensation in excess of the limitations set forth in
Section 401 (a){17) of the Code shall be disregarded. The limitation on compensation for
an "eligible employee" shall not be less than the amount which was allowed to be taken
into account hereunder as in effect on July 1, 1993~ "Eligible employee" is an individual
who was a member before the first Qlan year beginning after December 31, 1995.
SECTION 2: That Chapter 2, Administration, Article XVI (Recodified as Chapter 66,
Pensions and Retirement, Article III) of the City Code of the City of Sanford entitled
Ordinance No. 4086
- ,
Firefighters' Retirement System, is hereby amended by amending Section 2-287
(Recodified as Section 66-77), Optional forms of benefits, subsection (1) to read as
follows:
Sec. 2-287 (Recodified as Sec. 66-77). Optional forms of benefits.
(1) In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a member, upon written request to
the board, may elect to receive a retirement income or benefit of equivalent actuarial
value payable in accordance with one of the following options:
(a) A retirement income of a monthly amount payable to the retiree for his
lifetime only.
(b) A retirement income of a modified monthly amount, payable to the retiree
during the lifetime of the retiree and following the death of the retiree, one
hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (66
2/3) percent or fifty (50) percent of such monthly amount payable to a joint
pensioner for his lifetime. Except where the retiree's joint pensioner is his
spouse, the payments to the joint pensioner as a percentage of the
payments to the Retiree shall not exceed the applicable percentage provided
for in the applicable table in the Treasury regulations.
(c) If a member retires prior to the time at which social security benefits are
payable, he may elect to receive an increased retirement benefit until such
time as social security benefits shall be assumed to commence and a
reduced benefit thereafter in order to provide, to as great an extent as
possible, a more level retirement allowance during the entire period of
retirement. The amounts payable shall be as recommended by the actuaries
for the system, based upon the social security law in effect at the time of the
member's retirement.
Ordinance No. 4086
- -
@ For Members who do not participate in the DROP pursuant to Section 2-296
(Recodified as Section 66-86), the Member mav elect a percentage of
benefit in a lump sum as follows:
a. Ten percent (10%) of the total value of the benefit paid as a
lump sum with the remaininQ ninety percent (90%) paid under
the normal form or as per (a), (b), or (c) above.
b. Fifteen percent (15%) of the total value of the benefit paid as a
lump sum with the remaining eighty-five percent (85%) paid
under the normal form or as per (a), (b), or (c) above.
c. Twenty percent (20%) of the total value of the benefit paid as a
lump sum with the remaininQ eighty percent (80%) paid under
the normal form or as per (at (bt or (c) above.
d. Twenty-five percent (25%) ofthe total value ofthe benefit paid
as a lump sum with the remaining seventy-five percent (75%)
paid under the normal form or as per (a), (b), or (c) above.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 4: Specific authority is hereby granted to codify and incorporate Sections
1 and 2 of this Ordinance in the existing Code of Ordinances of the City of Sanford.
SECTION 5: If any section, subsection, sentence, clause, phrase ofthis 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 6: That this Ordinance shall become effective upon adoption.
Ordinance No. 4086
Paae 3
PASSED AND ADOPTED this 14th day of January, A.D. 2008.
Attest:
City Commission of the City of
Sanford, Florida
Janet Dougherty, City Clerk
Linda Kuhn, Mayor
Certificate
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4086, Passed and Adopted by
the City Commission of the City of Sanford, Florida, on the 14th day of January, 2008, was
posted at the front door of the City Hall in the City of Sanford, Florida, on the 16tll day of
January, 2008.
Janet R. Dougherty, City Clerk of the
City of Sanford, Florida
Ordinance No. 4086
Paae 4
ORDINANCE NO. 4086
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE XVI,
FIREFIGHTERS' RETIREMENT SYSTEM; AMENDING
SECTION 2-281, DEFINITIONS, BY AMENDING THE
DEFINITION OF "BASE PAY"; AMENDING SECTION 2-287,
OPTIONAL FORMS OF BENEFITS; PROVIDING FOR
SEVERABILITY OF PROVISIONS; PROVIDING FOR
CODIFICATION; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1: That Chapter 2, Administration, Article XVI of the City Code of the City
of Sanford entitled Firefighters' Retirement System, is hereby amended by amending
Section 2-281, Definitions, by amending the definition of Base pay, to read as follows:
Base pay means the pay for the grade and step in the salary classification pay plan
in the city for the given fiscal year, including all tax deferred, tax sheltered or tax exempt
items of income derived from elective employee payroll deductions or salary reductions
and otherwise includible in base pay. Base pay shall also include "Education Incentive"...
"Enaineer Incentive", as well as "Paramedic Incentive" paid to firefighters who are certified
as paramedics and Specialty Pay, Compensation in excess of the limitations set forth in
Section 401 (a)( 17) of the Code shall be disregarded. The limitation on compensation for
an "eligible employee" shall not be less than the amount which was allowed to be taken
into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual
who was a member before the first Qlan year beginning after December 31, 1995.
SECTION 2: That Chapter 2, Administration, Article XVI of the City Code of the City
of Sanford entitled Firefighters' Retirement System, is hereby amended by amending
Section 2-287, Optional forms of benefits, subsection (1) to read as follows:
Sec. 2-287. Optional forms of benefits.
Ordinance No. 4086
Page 1
(1) In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a member, upon written request to
the board, may elect to receive a retirement income or benefit of equivalent
actuarial value payable in accordance with one of the following options:
(a) A retirement income of a monthly amount payable to the retiree for his
lifetime only.
(b) A retirement income of a modified monthly amount, payable to the retiree
during the lifetime of the retiree and following the death of the retiree, one
hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (66
2/3) percent or fifty (50) percent of such monthly amount payable to a joint
pensioner for his lifetime. Except where the retiree's joint pensioner is his
spouse, the payments to the joint pensioner as a percentage of the
payments to the Retiree shall not exceed the applicable percentage provided
for in the applicable table in the Treasury regulations,
(c) If a member retires prior to the time at which social security benefits are
payable, he may elect to receive an increased retirement benefit until such
time as social security benefits shall be assumed to commence and a
reduced benefit thereafter in order to provide, to as great an extent as
possible, a more level retirement allowance during the entire period of
retirement. The amounts payable shall be as recommended by the actuaries
for the system, based upon the social security law in effect at the time of the
member's retirement.
@ For Members who do not participate in the DROP pursuant to Section 2-296,
the Member may elect a percentaae of benefit in a lump sum as follows:
Ordinance No, 4086
Page 2
a. Ten percent (10%) of the total value of the benefit paid as a
lump sum with the remainina ninety percent (90%) paid under
the normal form or as per (a), (b), or (c) above.
b. Fifteen percent (15%) of the total value of the benefit paid as a
lump sum with the remainina eiahty-five percent (85%) paid
under the normal form or as per (a), (b). or (c) above.
c, Twenty percent (20%) of the total value of the benefit paid as a
lump sum with the remainina eiahty percent (80%) paid under
the normal form or as per (a), (b). or (c) above,
d. Twenty-five percent (25%) of the total value of the benefit paid
as a lump sum with the remainina seventy-five percent (75%)
paid under the normal form or as per (a). (b). or (c) above,
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 4: Specific authority is hereby granted to codify and incorporate Sections
1 and 2 of this Ordinance in the existing Code of Ordinances of the City of Sanford.
SECTION 5: 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 6: That this Ordinance shall become effective upon adoption.
PASSED AND ADOPTED this 14th day of January, A.D. 2008,
'I , 1(\
! ill/if . / ~ )' , ?,'
g'anet Dougherty, Cit
City Commission of the City of
Sanford, Florida
...-_1'/ ~
",/1.. '~ r'" ~
Linda Kuhn, Mayor
Attest:
Ordinance No. 4086
Page 3
Certificate
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No, 4086, Passed and Adopted by
the City Commission of the City of Sanford, Florida, on the 14th day of January, 2008, was
posted at the front door of the City Hall in the City of Sanford, Florida, on the 16th day of
January, 2008,
dmlsanlfir/11-30-07.ord
Ordinance No. 4086
Page 4