AGENDA MEMORANDUM

 

 

Meeting Date:           June 9, 2008

 

From:                          Jay M. Evans, City Manager

 

Subject:                      Ordinance Amending the City of Leesburg Police Officers’ Retirement Fund

 

 

Staff Recommendation:

Staff recommends approval of the ordinance amending the Police Officers’ Retirement Fund; amending Section 2: Membership, Section 20: Domestic Relations Orders and Retiree Directed Payments.

 

Analysis:

The following changes to the existing Police Officers’ Retirement Fund are submitted for approval:

  1. Section 2, Membership, has been amended to provide for an Opt-In Window for police officers who had previously opted to not become members of the system.  It allows them to purchase years of credited service with no cost to the plan, with a benefit rate of 2.0% and will consider those officers as new employees for purposes of applying the presumptions for in-line-of-duty disability benefits.
  2. Section 20, Exemption from Execution, Non-assignability, has been amended to add the requirement that members who are involved in a divorce will provide a copy of the proposed court order to the Board for review prior to submitting it to the Court.  This review will avoid the entry of an order requiring the plan to make payments to an ex-spouse which are not legally permissible and avoid possible expenses to the Board in seeking the repeal of any such orders. This amendment also allows a retiree to direct retirement benefit deductions for payments to the City or to insurance companies for benefits such as health insurance.

 

Options:

1.  Approve Ordinance amending the Police Officers’ Retirement Fund; or

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

None.

 

Submission Date and Time:    6/4/2008 3:29 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. _______JB__   _____                                     

                              

Deputy C.M. ________EFS________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


 

 

ORDINANCE NO.      .

 

 

AN ORDINANCE OF THE CITY OF LEESBURG, AMENDING CHAPTER 17, PENSIONS AND RETIREMENT, ARTICLE IV, POLICE OFFICERS’ RETIREMENT FUND, OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG; AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 20, EXEMPTION FROM EXECUTION, NON-ASSIGNABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA;

SECTION 1:  That Chapter 17, Pensions and Retirement, Article IV, Police Officers’ Retirement Fund, of the Code of Ordinances of the City of Leesburg, is hereby amended by amending Section 2, Membership, to read as follows:

SECTION 2MEMBERSHIP.

1.         Conditions of Eligibility.

All Police Officers as of the Effective Date, excepting those previously declining participation in this System, and all future Police Officers, shall become Members of this System as a condition of employment.

2.         Opt-In Window.

Any currently employed Police Officer as of the effective date who has previously opted not to become a Member of the System, may, within one (1) year of the effective date of the ordinance adopting this subsection, elect to enter the System and such Police Officer opting-in may purchase prior years of Credited Service as a Police Officer pursuant to Section 26, but the benefit accrual rate for any years purchased shall be two percent (2%).  For purposes of applying the presumptions for in-line-of-duty disability benefits, such Member shall be considered a new Police Officer.

 


2 3.      Designation of Beneficiary.

Each Police Officer shall complete a form prescribed by the Board designating a Beneficiary or Beneficiaries.

SECTION 2:  That Chapter 17, Pensions and Retirement, Article IV, Police Officers’ Retirement Fund, of the Code of Ordinances of the City of Leesburg, is hereby amended by amending Section 20, Exemption From Execution, Non-Assignability, to read as follows:

 

SECTION 20:           DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION, NON-ASSIGNABILITY.

 

1.         Domestic Relations Orders.

A.        Prior to the entry of any domestic relations order which affects or purports to affect the System's responsibility in connection with the payment of benefits of a Retiree, the Member or Retiree shall submit the proposed order to the Board for review to determine whether the System may legally honor the order.

B.        If a domestic relations order is not submitted to the Board for review prior to entry of the order, and the System is ordered to take action that it may not legally take, and the System expends administrative or legal fees in resolving the matter, the Member or Retiree who submits such an order will be required to reimburse the System for its expenses in connection with the order.

2.         Retiree Directed Payments.

The Board may, upon written request by a Retiree or by a dependent, when authorized by a Retiree or the Retiree's Beneficiary, authorize the System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the  City, to pay the certified bargaining agent of the City, to make payments to insurance companies for insurance premiums if permitted by Chapter 185, Florida Statutes and to make any payments for child support or alimony.

 

3.         Exemption from Execution, Non-Assignability.

Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contribu­tions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable.

SECTION 3:  Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Leesburg.

SECTION 4:  All Ordinances or parts of Ordinances in con­flict herewith be and the same are hereby repealed.

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 be effective upon adoption.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, HELD ON THE _____ DAY OF _____________, 2008.

 

 

_____________________________                                        

Mayor-Commissioner

ATTEST:

 

___________________________________

City Clerk