HomeMy WebLinkAbout3688 O IN CE NO.
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE
XV, OF THE CITY CODE OF THE CITY OF SANFORD
ENTITLED POLICE OFFICERS' RETIREMENT SYSTEM;
AMENDING SECTION 2-261, DEFINITIONS, TO AMEND
THE DEFINITION OF "ACCUMULATED
CONTRIBUTIONS"; AMENDING SECTION 2-266, BENEFIT
AMOUNTS AND ELIGIBILITY; AMENDING SECTION
2-271, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; ADDING SECTION 2-273, MILITARY
SERVICE PRIOR TO EMPLOYMENT; ADDING SECTION 2-
274, PRIOR POLICE SERVICE; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF
PROVISIONS, 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 XV of the City Code of the
City of Sanford entitled Police Officers' Retirement System, is hereby amended by mending
Sec. 2-261, Definitions, to mend the definition of Accumulated contributions, to read as
follows:
Accumulated contributions means a member's own contributions, plus the amount
described in Section 2-266 (e)(4), all without interest. For those members who purchase
credited service with interest or at no cost to the system, any payment representing the mount
attributable to member contributions based on the ap lieable member contribution rate, interest
and any re uired actuarially calculated pa~tments dr the purchase of such credited service,
shall be in~uded in accumulated contributions.
SECTION 2: That Chapter 2, Administration, Article XV of the City Cede of the
City of Sanford entitled Police Officers' Retirement System, is hereby mended by mending
See.
2-266, Benefit amounts and eligibility, subsection (c), Pre-retirement death, subsection
( d)( 1 ), Disability benefits on-duty, and subsection ( d)(5), Physical examination requirement, to
read as follows:
(c) Pre-retirement death.
(1) Prior to vesting or eligibility for retirement. The beneficiary of a deceased
member who was not receiving monthly benefits or who was not yet vested or eligible for
early or normal retirement or whose death did not result directly from an occurrence arising in
the performance of duty, shall receive a refund of one hundred (100) percent of the member 's
accumulated contributions.
(2) Deceased members vested or eligible for retirement. The beneficiary of any
member who dies and who, at the date of his death was vested or eligible for early or normal
retirement, shall be entitled to a benefit as follows:
Ordinance No.
Page 1
a. If the member was vested, but not eligible for normal or early
retirement, and the member's death did not result directly from an
occurrence arising in the performance of duty, the beneficiary shall
receive a benefit payable for ten (10) years, beginning on the date that
the deceased member would have been eligible for early or normal
1
retirement, at the option of the beneficiary. The benefit sha 1 be
calculated as for normal retirement based on the deceased member' s
credited service and average final compensation as of the date of his
death and reduced as for early retirement, if applicable. The beneficiary
may also elect to receive an immediate benefit, payable for ten (10)
b. If the deceased member was eligible for normal or early retirement, the
beneficiary shall receive a benefit payable for ten (10) years, beginning
on the first day of the month following the member's death or at the
deceased member's otherwise early or normal retirement date, at the
option of the beneficiary. The benefit shall be calculated as for normal
retirement based on the deceased member' s credited service and average
final compensation as of the date of his death and reduced as for early
retirement, if applicable.
c. In any event, if the member's death resulted directly from an occurrence
arising in the performance of duty, the bene~cia shall receive a benefit
pa able for ten (10) years, beginnin on the ~rst day o the month
fo~lowing the member's death. The ~enefit shall be calcuflated as for
normal retirement (unreduced) based on the deceased member' s credited
service and average final compensation as of the date of death. The
minimum benefit shall be forty (40) percent of average final
compensation.
d. A beneficiary may elect an actuarial equivalent life annuity optional
form of benefit, and the board may elect to make a lump sum payment
pursuant to section 2-277, subsecuon (7).
e. A beneficiary may, in lieu of any benefit provided for in a. or b. above,
elect to receive a refund of the deceased member's accumulated
contributions.
(d)(1) Disability benefits on-duty. Any member who shall become totally and
permanently disabled to the extent that he is unable, by reason of a medically determinable
physical or mental impairment, to render useful and efficient service as a police officer, which
disability was directly caused by the performance of his duty as a police officer, shall, upon
establishin the same to the satisfaction of the board, be entitled to a monthly pension equal to
three and ~f~ hundredths (3.50) percent of base pay at the date of disability for each year of
credited service, but in any event the minimum amount to be paid to the member shall be
equal to fifty (50) percent of the base ay of the member at the date of disability.
Notwithstanding the previous sentence, in t~e event a member is determined by the board to
be disabled in-hne of duty and the disability resulted from the perpetration of an intentional act
of violence directed toward the police officer and the board reasonably believes the perpetrator
intended to cause great bodily harm or permanent disfigurement of the police officer, the
minimum amount paid to the member shall be eighty (80) percent of the average final
compensation of the member. Terminated persons, either vested or non-vested, are not
Ordinance No. 3~"g
Page 2
eligible for disability benefits, except that those terminated by the City for medical reasons
may apply for a disability within thirty (30) days after termination.
(d)(5) Physical examination requirement. A member shall not become eligible for
disability benefits until and unless he undergoes a physical examination by a qualified
physician or ph sicians and/or surgeon or surgeons, who shall be selected by the board for
that purpose. '~l~e board shall not select the member' s treating physician or surgeon for this
purpose except in an unusual case where the board determines that it would be reasonable and
prudent to do so.
Any retiree receiving disability benefits under provisions of this article must
submit sworn statements of his condition accompanied by a physician' s statement (provided at
the retiree's expense) to the board annually and may be required by the board to undergo
additional periodic re-examinations by a qualified physician or physicians and/or surgeon or
surgeons who shall be selected by the board, to determine if such disability has ceased to exist.
If the board finds that the retiree is no loner permanently and totally disabled to the extent
that he is unable to render, useful and e~t~ceient service as a police officer, the board shall
recommend to the city that the retiree be returned to performance of duty as a olice officer,
and the retiree so returned shall enjoy the same ri hts that he had at the time Re was placed
upon pension. In the event the retiree so order~to return shall refuse to comply with the
order within thirty (30) days from the issuance thereof, he shall forfeit the fight to his pension.
The cost of the physical examination and/or reexamination of the member
claimin or the retiree receiving disability benefits shall be borne by the fund. All other
reason:~le costs as determined by the board incident to the physical examination, such as, but
b
not limited to, transportation, meals and hotel accommodations, shall be borne y the fund.
If the member recovers from disability and reenters the service of the city as a
police officer, his service will be deemed to have been continuous, but the period beginning
with the first month for which he received a disability retirement income payment and ending
with the date he reentered the service of the city will not be considered as credited service or
the purposes of the system.
The board shall have the power and authority to make the final decisions
regarding all disability claims.
SECTION 3: That Chapter 2, Administration, Article XV of the City Code of the
City of Sanford entitled Police Officers' Retirement System, is hereby amended by amending
Sec.
2-271, Direct transfers of eligible rollover distributions, to read as follows:
Sec. 2-271. Direct transfers of eligible rollover distributions.
( 1 ) Rollover distributions.
(a) General. This section applies to distributions made on or after January 1, 2002.
Notwithstanding any provision of the system to the contrary that would
otherwise limit a distributee's election under this section, a distributes may
elect, at the time and in the manner prescribed by the board, to have any
portion of an eligible rollover distribution paid directly to an eligible retirement
plan specified by the distributes in a direct rollover.
(b) Definitions.
Ordinance No. 3 Page 3
1. Eligible rollover distribution: An eligible rollover distribution is any
distribution of all or any ortion of the balance to the credit of the
distributee, except that an eFigible rollover distribution does not include:
any distribution that is one of a series of substantially equal periodic
payments (not less fre uently than annually) made for the life (or life
expectancy) of the ~istributee or the joint lives (or 'oint life
expectancles) of the distributee and the distributee's c~ecsignated
beneficiary, or for a specified period of ten (10) years or more; any
distribution to the extent such distribution is required under Section
401(a)(9) of the [Internal Revenue] Code; and the portion of any
distribution that is not includible in ross income. Any portion of any
distribution which would be incluc~ible in gross income will be an
eligible rollover distribution if the distribution is made to an individual
retirement account described in Section 408(a), to an individual
retirement annuity described in Section 408(b) or to a qualified defined
contribution plan described in Section 401(a) or 403(a) that agrees to
separately account for amounts so transferred, including separately
accounting for the portion of such distribution which is includible in
gross income and the portion of such distribution which is not so
1
mc udible.
2. Eligible retirement lan: An eligible retirement lan is an individual
retirement account c{~scribed in Section 408(a) of rivet [Internal Revenue]
Code, an individual retirement annuity described in Section 408(b) of the
[Internal Revenue] Code, an annuity plan described in Section 403(a) of
the [Internal Revenue] Code, an eli ible deferred corn ensation plan
described in Section 457(b) of the ~ernal Revenue] ~ode which is
maintained b an eligible employer described in Section 457(e)(1)(A) of
the [Internal ~evenue] Cede and which agrees to separately account for
amounts transferred into such plan from this plan, an annuity contract
described in Section 403(b) of the [Internal Revenue] Code, or a
ualified trust described in Section 401(a) of the [Internal Revenue]
~ode, that accepts the distributee's eligible rollover distribution. This
definition shall also apply in the case of an eligible rollover distribution
to the surviving spouse.
3. Distributee: A distributee includes an employee or former employee.. In
addition, the employee's or former employee's surviving spouse xs a
distributee with regard to the interest of the spouse.
4. Direct rollover. A direct rollover is a payment by the plan to the
d
eligible retirement plan specified by the ~stributee.
(2) Rollovers or transfers into the fund. On or after Janua 1, 2002, the system
will accept member rollover cash contributions and/or direct cash rolrFovers of distributions
made on or after January I, 2002, as follows:
(a) Direct rollovers or member rollover contributions from other plans. The system
will accept either a direct rollover of an eligible rollover distribution or a
member contribution of an eligible rollover distribution from a qualified plan
described in Section 401(a) or 403(a) of the [Internal Revenue] Code, from an
annuity contract described in Section 403(b) of the [Internal Revenue] Code or
Ordinance No. 3'(o 8'~ Page 4
from an eligible plan under Section 457(b) of the [Internal Revenue] Code
which is mmntained by a state, olitical subdivision of a state, or any agency or
instrumentality of a state or poFitical subdivision of a state.
(b) Member rollover contributions from IRAs. The s~.stem will accept a member
rollover contribution of the portion of a distribution from an individual
retirement account or annuity described in Section 408(a) or 408(b) of the
[Internal Revenue] Code that is eligible to be rolled over and would otherwise
be includible in gross income.
SECTION 4: That Chapter 2, Administration, Article XV of the City Code of the
City of Sanford entitled Police Officers' Retirement System, is hereby amended by adding
f, 1
Sec. 2-273, Military service prior to employment, to read as o lows:
Sec. 2-273. Military service prior to employment.
The years or fractional parts of years that a police officer serves or has served on active
duty in the military service of the Armed Forces of the United States, the United States
Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably
or under honorable conditions, prior to first and initial employment with the city police
department shall be added to his years of credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that
the credited service is re uested, had he been a member of the system for the
years or fractional parts ;c~ years for which he is requesting credit plus amounts
actuarially determined such that the crediting of service does not result in any
cost to the fund plus payment of costs for all professional services rendered to
the board in connection with the purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement, but no purchase is permitted for a period
of less than one year.
(3) Payment by the member of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall
be made in one lump sum payment upon receipt of which credited service shall
be given.
(4) The maximum credit under this section shall be three (3) years.
(5) Credited service purchased pursuant to this section shall not count toward
vesting.
SECTION 5: That Chapter 2, Administration, Article XV of the City Code of the
City of Sanford entitled Police Officers' Retirement System, is hereby amended by adding
Sec. 2-274, Prior police service, to read as follows:
Sec. 2-274. Prior police service.
Unless otherwise prohibited by law, and except as provided for in section 2-261, the
years or fractional arts of years that a member previously served as a police officer with the
city during a periodPof previous employment and for which period accumulated contributions
Ordinance No. 3 {~ ~d ~ Page 5
were withdrawn from the fund, or the years and fractional am of years that a member served
as a police officer for any other municipal, county or state Y~w enforcement department in the
State of Florida shall be added to his years of credited service provided that:
(1) The member contributes to the fund the sum that he would have contributed,
based on his salary and the member contribution rate in effect at the time that
the credited service is requested, had he been a member of this system for the
years or fractional parts ofyears for which he is requestin credit plus amounts
actuarially determined such that the crediting of service ~es not result in any
cost to the fund plus payment of costs for all professional services rendered to
the board in connection with the purchase of years of credited service.
(2) Multiple requests to purchase credited service pursuant to this section may be
made at any time prior to retirement, but no purchase is permitted for a period
of less than one year.
(3) Payment by the member of the required amount shall be made within six (6)
months of his request for credit, but not later than the retirement date, and shall
be made in one lump sum payment upon receipt of which credited service shall
be given.
(4) The maximum credit for prior service with another law enforcement de artmerit
other than with the City of Sanford shall be five (5) years of credite~ service
and shall count for all purposes, except vesting.
(5) There shall be no maximum credit for prior service with the City of Sanford
police department and all years of credited service shall count for all purposes,
including vesting.
(6) In no event, however, may credited service be purchased pursuant to this
section for prior service with any other municipal, county or state law
enforcement agency, if such rior service forms or will form the basis of a
retirement benefit or pension fFr~m another retirement system or plan as set forth
in section 2-266, subsection (f)(9)b.
SECTION 6. It is the intention of the City Commission of the City of Sanford,
Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention; that the word,
"Ordinance" may be changed to "Section", "Article" or other appropriate word.
SECTION 7: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 8: 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,
f
or phrases under application shall not be af ected thereby.
SECTION 9: That this Ordinance shall become effective upon adoption.
PASSED AND ADOPTED this/~9~ day of LG_~~/, A.D. 2001.
Ordinance No. 3 ~, ~- ~
Page 6
ATTEST:
ITY CLE
As the City Commission of the City of
Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florid do hereby certi
that a true and correct copy of the foregoin.g Ordinance No. ~, PASS A~
'2 1, was p ted at e front door of the City Hall in the Citg o'TSanf~rd,
bm\san\pol\11-O7-Ol.cln
Ordinance No. 3 ~, ~"
Page 7