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4279 Firefighters Retirement Amendment 2012Ordinance No. 4279 An Ordinance of the City of Sanford, Florida, Amending Chapter 66, pensions and retirement, Article 111, firefighters' retirement system of the Code of Ordinances of the City of Sanford; amending Section 66 -71, definitions; amending Section 66 -74, finances and fund management; providing for legislative findings and intent; providing for conflicts; providing for a savings provision; providing for codification; providing for severability and providing for an effective date. Be it Enacted by the People of the City of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to this ordinance. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Firefighters* Retirement System. Chapter 66, Article III, Code of Ordinances of the City of Sanford, is hereby amended to read as follows by amending Section 66 -71, Definitions, to amend the definition of .Actuarial equivalent.: Actuarial equivalent means a benefit or amount of equal value, based upon the RP 2000 Combined Healthy Mortality Table and an interest rate of eight (8) percent per annum. This definition may only be amended by the city pursuant to the recommendation of the board using the assumptions adopted by the board with the advice of the pianos actuary, such that actuarial assumptions are not subject to city discretion. Section 3. Firefighters* Retirement System. Chapter 66, Article III, Code of Ordinances of the City of Sanford, is hereby amended to read as follows by amending Section 66 -74, Finances and Fund Management, subsection (6)(b)5., and adding subsections (6)(b)6. and (6)(b)7: For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * * * shall constitute ellipses to the original text and S trike +h ,,,h shall constitute deletions to the original text. (6)(b) 5. Stocks, commingled funds admini6teFed by Ra t i 9R ^ vr,r.; 9F state banks, mutual funds or other investment vehicles approved by the board and bonds, or evidences of indebtedness, provided that: a. Except as provided for in paragraph b. below, a ll individually held securities and all securities in a commingled or mutual fund or other investment vehicle approved by the board must be 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 District of Columbia. b. Up to twenty -five percent of the assets of the fund at market value may be invested in foreign securities. G The heard shall _RGt invest mere than five nerneRt of its assets th err�men n apita Gt e e FitieG of lf�"LTTPi�TTTT7TCTT0 rE7A177'CCf ie F- 6�EAfl�fE'F�F�I e Gen The aggregate investment in any one issuing company shall not exceed five percent of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed 65 percent of the assets of the fund. 6. Real estate investments in an amount not to exceed fifteen percent (15 %) of the assets of the fund. The Board may invest in real estate directly or through an investment vehicle approved by the Board. For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * * * shall constitute ellipses to the original text and str+kethmugh shall constitute deletions to the original text. 7. In addition, the board may, upon recommendation by the boardws investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81 -100 or successor rulings or guidance of similar import, and while any portion of the assets of the fund are invested in such a group trust, such group trust is itself adopted as a part of the system or plan. Section 4. Savings. The prior actions of the City of Sanford relating to the administration of the firefighters* retirement system and related matter are hereby ratified and affirmed. Section 5. Conflicts. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 6. Severability. If any section, sentence, phrase, word, or portion of this ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 7. Codification. Except for Sections 2 and 3, the provisions of this Ordinance shall not become and be made a part of the Code of Ordinances of the City of Sanford, Florida. Section 8. Effective Date. This Ordinance shall become effective immediately upon enactment by the City Commission. Passed and Adopted this 12 day of November, 2012. For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * * * shall constitute ellipses to the original text and Str+lethFeUg# shall constitute deletions to the original text. Attest: City Commission of the Iclity of Sanford, Florida rip Approved as to form and legal sufficiency: onnie W Gro t, Assistant City Attorney dm /san /fir /08- 27- 12 -ord For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * * * shall constitute ellipses to the original text and etFikethFeeo shall constitute deletions to the original text.