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3332 ~-, ORDINANCE NO. 3332 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AHENDING SECTION 2-281, DEFINITIONS, "CREDITED SERVICE" TO ALLOW A FIREFIGHTER TO REPURCHASE MILITARY TIME IN ACCORDANCE WITH CHAPTER 175 OF THE FLORIDA STATUTES~ AMENDING PARAGRAPH (1) OF SECTION 2:283, BOARD OF TRUSTEES, TO DELETE THE REQUIREHENT THAT THE HAYOR SERVE AS ONE OF THE TRUSTEES~ AHENDING PORTIONS OF SUBPAP, AGRAPH (K), [TO MAKE REPORTS TO THE DEPARTIvlENT OF MANAGEHENT SERVICES], OF PAPAGRAPH (5), DUTIES, OF SECTION 2-283, BOARD OF TRUSTEES, TO PROVIDE FOR REPORTS TO BE SENT TO THE DIVISION OF RETIREHENT, ALL IN ARTICLE XVI, FIREFIGHTERS' RETIREMENT SYSTEM OF CHAPTER 2 OF THE CITY CODE OF THE CITY OF SANFORD, FLORIDA~ PROVIDING FOR SEVEPABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS,it is the desire of the Sanford City Commission to amend the Firefighters' Retirement System as set forth in Article XVI of the City Code in order to remain eliBible for the Casualty Insurance Premium Taxes~ and WHEREAS, Chapter 175 of the Florida Statutes has recently been amended to allow firefighters to repurchase military time, and that change needs to be included in the Article. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Section 2-281, Definitions, of Article XVI, Firefighters' Retirement System, regarding the definition of "Credited Serfice", is hereby amended to read as follows: Credited Service means the total number of years and completed months of service as a Firefighter with Member contributions to the System, omitting intervening years of completed months when such Member was not employed by the City as a Firefighter. However, no Firefighter will receive credit for years or fractional parts of years of service for which he has withdrawn his contributions to the Fund for those years or fractional parts of years of service, unless the Firefighter repays into the Fund, within ninety (90) days after his reemployment as a firefighter, all the contributions he has withdrawn, plus interest for the period the f~nds were withdrawn at the rate assumed by the actuafial valuation for the fund on the contribution from the date of withdrawal to date of repayment. Such repayment of contributions shall include any additional lump sum amounts withdrawn equal to five percent (5%) of the Member's Base Pay for all years of credited service since October 1, 1976 as referenced in Section 9, Paragraph 4, plus interest thereon at the rate assumed by the actuafial valuation. A Member may voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, and remaining employed for a period of not less than three (3) years, without losing credit for the time that he was a Member of the System. If the Member does not remain employed for a period of three (3) years upon reemployment within five (5) years, then the Accumulated Contributions, without interest, will be returned upon his written request. In addition, a Firefighter may receive Credited Service for periods which the Firefighter is absent from employment and receiving workers' compensation benefits for injuries sustained while acting as a Firefighter for the City, up to the time maximum medical improvement is reached, as determined in accordance with the Florida Workers' Compensation Law. The years or completed months that a Member serves in the military service of the Armed Forces of the United States or the United States Merchant Marine, voluntarily or involuntarily, after separation from employment as a Firefighter with the City for the purpose of going on active duty, shall be added to his years of Credited Service for all purposes, including vesting, provided that (except as otherwise prohibited by law, in which case the minimum standards for compliance shall apply): A. The Firefighter must return to his employment as a Firefighter within one ( 1 ) year from the date of his military discharge or release from active service. B. The Firefighter deposits into the Fund the same sum that Member would have contributed if he had remained a Firefighter, plus an amount of interest that substantially approximates the amount earned by the Fund from the date of return to employment to the date of deposit. For those Members who purchase Credited Service hereunder, only that portion of any payment representing the sum that he would have contributed (7% of what would have been received as Base Pay) had he been a Member of the System for the years or completed months for which he is requesting credit, shall be included in Accumulated Contributions. C.The maximum credit for military service shall be five (5) years. D. The Firefighter was discharged or released from service under honorable conditions. SECTION 2: That paragraph ( 1 ) of Section 2-283, Board of Trustees, of Article XVI, --2-- Ordinance NO. 3332 Firefighters' Retirement System is hereby amended to read as follows: Section 2-28:3. Board of Trustees. (1) Board of Trustees~ responsibilities~ composition. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this Article are hereby vested in a Board of Trustees. The Board of Trustees is hereby designated as the plan administrator. The Board of Trustees shall consist of five (5) Trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the Sanford City Commission, and two of whom shall be full-time Firefighters who are l~lembers of the System, who shall be elected by a majority of the Firefighters who are Members of the System. The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Sanford City Commission. Upon receipt of the fifth person's name, the Sanford City Commission shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a two (2) year term unless he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless he sooner vacates the office or is sooner replaced by the Sanford City Commission at whose pleasure he shall serve. Each Firefighter Trustee shall serve as Trustee for a period two (2) years, unless he sooner leaves the employment of the City as a Firefighter or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office and the two Firefighter Trustees shall serve staggered terms. A City official who is otherwise eligible for appointment to the Board shall not be disqualified for consideration solely on the basis of his official status unless such is required by law. The Board of Trustees shall meet at least quarterly each year. The Board of Trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. SECTION 3: That relevant portions of sub-paragraph (k) [To make reports to the department of management services,] of paragraph (5), Duties, of Section 2-283, Board of Trustees, of ,~rcicle XVI, Firefighters' Retirement System, are hereby amended to read as follows: (k) Reports to Division of Retirement. Each year and no later than March 15th, the Chairman of the Board shall file a report with the Division of Retirement containing the following: 2. A certified statement of accounting for the most recent fiscal year of the City (or an independent audit by a certified public accountant if required by the Division of Retirement) showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the beginning and end of the year. SECTION 4: If any section or portion of a section of this ordinance proves to be invalid, unlawfi~l or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 5: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 6: That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED tnis/ day ofA.D. 4997. ATTEST: As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Doutlhem/, City Clerk0f the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. '~ 33~., PAS D AND ADOPTED by the City CommiSsion of the City of Sanford, Florida, on the /_O~:~-day of c~J~/~ C~1 ,1997, was posted at th front door of the City Hall in the CitY'~'~anford, Florida, on the/.2~day of c,~,,[~? , 1997. O~:c3.5. nance ~o.