3228 ORDINANCE NO. 3228
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3188, RESTATING THE
CITY OF SANFORD POLICE OFFICERS' RETIREMENT
SYSTEM; AMENDING THE DEFINITION OF "CREDITED
SERVICE"; AMENDING SECTION 3, BOARD OF
TRUSTEES, SUBSECTIONS 1 AND 6; AMENDING
SECTION 7, PRE-RETIREMENT DEATH, SUBSECTION 1.
A (1) AND (2); AMENDING SECTION 19, SUBSECTION
2, ACCRUED BENEFITS; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
WHEREAS, it is the desire of the Sanford City Commission to
amend the Police Officers' Retirement System.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: The restated City of Sanford Police Officers'
Retirement System, adopted by Ordinance No. 3188 of the City of
Sanford, is amending Section 1. DEFINITIONS, Credited Service, to
read as follows:
Credited Service means the total number of years and completed
months of service as a Police Officer with Member contributions to
the System, omitting intervening years or completed months when
such Member was not employed by the City as a Police officer. A
Member may voluntarily leave his contribution in the Fund for a
period of five (5) years after leaving the employ of the Police
Department pending the possibility of being reemployed as a Police
Officer, without losing credit for the time that he was a Member of
the System. If a Member leaves the employ of the Police Department
and elects to receive a return of his Accumulated Contributions, he
forfeits all rights in the System. If the Member who left employ
of the Police Department should not be reemployed as a Police
Officer within five (5) years, then the Accumulated Contributions
will be returned upon his written request.
In addition, a Member may receive Credited Service for periods
which the Member is absent from employment and receiving workers'
compensation benefits for injuries sustained while acting as a
Police Officer 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 Police Officer 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 Police Officer must return to his employment as
a Police Officer within one (1) year from the date
of his military discharge or release from active
service.
B. The maximum credit for military service shall be
four (4) years or for a longer period of up to one
(1) additional year if such additional service time
is at the request and for the convenience of the
Federal Government, as set forth in the Federal
Veteran's Re-employment Rights Act,
C. The Police Officer was discharged Or released from
service under honorable conditions.
SECTION 2: The restated City of Sanford Police Officers'
Retirement System, adopted by Ordinance No. 3188 of the City of
Sanford, is amending Section 3., BOARD OF TRUSTEES, subsection 1,
to read as follows:
Section 3. Board of Trustees.
1. The sole and exclusive administration of and
responsibility for the proper operation of the System and for
making effective the provisions of this ordinance 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, one of whom shall be the mayor, and two of
whom shall be full-time Police Officer Members of the System, who
shall be elected by a majority of the Police Officers 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
Ordinance NO. 3228
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 shall serve. Each Police
Officer Trustee shall serve as Trustee for a period of two (2)
years, unless he sooner leaves the employment of the City as a
Police Officer 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 Police Officer Trustees shall serve staggered terms. A
City official who is otherwise eligible for appointment to the
Board shall not be disqualified from 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 the responsibilities contained herein,
the power to bring and defend lawsuits of every kind, nature, and
description.
SECTION 3: The restated City of Sanford Police Officers'
Retirement System, adopted by Ordinance No. 3188 of the City of
Sanford, is amended by amending Section 3., BOARD OF TRUSTEES,
subsection 6, to read as follows:
6. The City Finance Director shall act as a City Liaison to
the Board.
SECTION 4: The restated City of Sanford Police Officers'
Retirement System, adopted by Ordinance No. 3188 of the City of
Sanford, is amended by amending Section 7., PRE-RETIREMENT DEATH,
subsection A. (1) and (2), to read as follows:
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Ordinance No. 3228
A. Service Connected
A death benefit shall be payable on behalf of any Member who
becomes deceased as a direct result of an occurrence arising in the
performance of duty, as follows:
(1) To the Spouse, until death, a monthly benefit equal to
forty percent (40%) of the Member's Base Pay.
(2) If there is no Spouse, or upon the death of the Spouse,
for each unmarried child until he or she shall have
reached the age of eighteen (18). The child's pension
shall terminate on the earlier of death, marriage or the
attainment of age eighteen (18). Legally adopted
children shall be eligible the same as natural children.
The maximum total amount payable to all such children
shall be forty percent (40%) of the Base pay.
SECTION 5: The restated City of Sanford Police Officers'
Retirement System, adopted by Ordinance No. 3188 of the City of
Sanford, is amended by amending Section 19., MISCELLANEOUS
PROVISIONS, subsection 2, to read as follows:
2. No Reduction of Accrued Benefits.
No amendment or ordinance shall be adopted by the City
Commission of the City of Sanford which shall have the effect of
reducing the then vested accrued benefits of Members or a Member's
Beneficiaries.
SECTION 6: If any section or portion of a section of this
ordinance proves to be invalid, unlawful or unconstitutional, it
shall not be held to impair the validity, force or effect of any
other section or part of this ordinance.
SECTION 7: That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby revoked.
SECTION 8: That this ordinance shall become effective
immediately upon its passage and adoption.
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Ordinance No. 3228
1994.
the Ci o~ission of the
City of Sanford, Florida
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. 3228, PASSED AND ADOPTED by the City
· t City of Sanford, Florida, on t
· 1994.
of Sanford, Florida
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Ordinance No. 3228