1053 City & OUA Pension ORDINANCE NO. 1053
AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING
AND RESTATING THE CITY OF OKEECHOBEE AND
OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT
SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 828; AS
SUBSEQUENTLY AMENDED; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Okeechobee and the Okeechobee Utility Authority Employees are
presently provided pension and certain other benefits under Ordinances of the City of
Okeechobee and;
WHEREAS, the City Council desires to clarify and restate the provisions of the General
Employees' Retirement Plan to consolidate all prior ordinances and Code provisions and
to incorporate Federal law and the applicable State laws,
NOW, THEREFORE, BE IT ORDAINED before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote of the
City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer
for the City:
SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority Employees'
Retirement System, is hereby amended and restated as set forth in the document
designated CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY
EMPLOYEES' RETIREMENT SYSTEM, attached hereto and made a part hereof.
SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance
in the existing Code of Ordinances of the City of Okeechobee.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 4: 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 5: That this Ordinance shall become effective upon adoption.
INTRODUCED on first reading and set for public hearing this 6'' day of October. 2009.
James E. Kirk, Mayor
ATTEST:
•O 4cukhiL
Lane Gamiotea CI,. City Clerk
PASSED on second reading after public hearing this 3' day of Nove1ibe�r. 2009.
7' James Kirk, Mayor
A EST: l/
OtAU
Lana Gamiotea, prop, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attofri y"
Ordinance No. 1053 Page 1 of 49
CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY
EMPLOYEES' RETIREMENT SYSTEM
SECTION 1. DEFINITIONS.
1. As used herein, unless otherwise defined or required by the context, the following words
and phrases shall have the meaning indicated:
Accumulated Contributions means a Member's own contributions with interest at the rate
of five and one quarter percent (5 -1/4 per annum through September 30, 1993 and
three percent (3 per annum thereafter compounded annually on September 30. Interest
is not prorated on Member contributions during a Plan Year. For those Members who
purchase Credited Service with interest or at no cost to the System, any payment
representing the amount attributable to Member contributions based on the applicable
Member contribution rate, and any payment representing interest and any required
actuarially calculated payments for the purchase of such Credited Service, shall be
included in Accumulated Contributions without the crediting of interest of three percent
(3 per annum.
Actuarial Eauivalent means that any benefit payable under terms of this System in a
form other than the normal form of benefit shall have the same actuarial present value on
the date payment commences as the normal form of benefit. For purposes of establishing
the actuarial present value of any form of payment other than a lump sum distribution, all
future payments shall be discounted for interest and mortality by using 8% interest and the
1983 Group Annuity Mortality Table. This definition may only be amended bv the City
pursuant to the recommendation of the Board using assumptions adopted bv the Board
with the advice of the plan's actuary. such that actuarial assumptions are not subiect to City
discretion.
Average Final Compensation means one twelfth (1/12) of the average Sa!aiy of the five
(5) best years of the last ten (10) years of Credited Service prior to retirement, termination
or death. A year shall be twelve (12) consecutive months.
Beneficiary means the person or persons entitled to receive benefits hereunder at the
death of a Member who has or have been designated in writing by the Member and filed
with the Board. If no such designation is in effect, or if no person so designa is living,
at the time of death of the Member, the Beneficiary shall be the estate of the Member.
Board means the Board of Trustees, which shall administer and manage (he System
herein provided and serve as trustees of the Fund.
City means City of Okeechobee, Florida and the Okeechobee Utility Authority.
Code means the Internal Revenue Code of 1986, as amended from time to time.
Credited Service means the total number of years and fractional parts of years of service
as a General Employee with member contributions when required, omitting intervening
years or fractional parts of years when such Member was not employed by the City as a
Ordinance No. 1053 Page 2 of 49
General Employee. A Member may voluntarily leave his Accumulated Contributions in the
Fund for a period of five (5) years after leaving the employ of the City pending the
possibility of being reemployed as a General Employee, without losing credit for the time
that he was a Member of the System. If a non vested Member leaves the employ of the
City and is not reemployed within five (5) years, his Accumulated Contributions, if one
thousand dollars ($1,000.00) or less, will be returned. If a Member who is not vested is not
reemployed within five (5) years, his Accumulated Contributions, if more than one
thousand dollars ($1,000.00), will be returned only upon the written request of the Member
and upon completion of a written election to receive a cash lump sum or to rollover the
lump sum amount on forms designated by the Board. If a vested Member leaves the
employ of the City, his Accumulated Contributions will be returned upon his written request.
Upon return of his Accumulated Contributions, all of his rights and benefits under the
System are forfeited and terminated.
The years or fractional parts of a year that a Member
performs "Qualified Military Service
consistina of voluntary or involuntary "service in the uniformed services" as defined in the
Uniformed Services Employment and Reemployment Rights Act USERRA) (P.L.103 -3531,
after separation from employment as a General Employee with the City to perform training
or service, hall be added to his years
of Credited Service for all purposes, including vesting, provided that:
A. The Member is entitled to reemployment under the provisions of USERRA.
A B. The Member must returns to his employment as a General Employee within one (1)
year from the earlier of the date of his military discharge or his release from service,
unless otherwise reauired by USERRA.
B C. The Member deposits into the Fund the same sum that the Member would have
contributed if he had remained a General Employee during his absence. The
maximum credit for military service pursuant to this subsection shall be five (5)
years. The Member must deposit all missed contributions within a period equal to
three (3) times the period of military service, but not more than five (5) years from
the- date -of following reemployment or he will forfeit the right to receive Credited
Service for his military service pursuant to this Section.
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E D. This Section is intended to satisfy the minimum requirements of
USERRA. To the extent that this Section does not meet the minimum standards of
Ordinance No. 1053 Page 3 of 49
USERRA, as it may be amended from time to time, the minimum standards shall
apply.
In the event a Member dies on or after January 1.2007. while Derformina USERRA
Qualified Military Service. the beneficiaries of the Member are entitled to anv
benefits (other than benefit accruals relating to the Period of aualified military
service) as if the Member had resumed employment and then died while employed.
Effective Date means December 14, 1971.
General Employee means any actively employed person in the regular full -time service of
the City of Okeechobee or the Okeechobee Utility Authority including those in their initial
probationary employment period, but also including elected officials. This term shall not
include certified police officers and certified firefighters employed by the City or the
members of the Okeechobee Utility Authority Board.
Fund means the trust fund established herein as part of the System.
Member means an actively employed General Employee who fulfills the prescribed
membership requirements. Benefit improvements which, in the past, have been provided
for by amendments to the System adopted by City ordinance, and any benefit
improvements which might be made in the future shall apply prospectively and shall not
apply to Members who terminate employment or who retire prior to the effective date of any
ordinance adopting such benefit improvements, unless such ordinance specifically
provides to the contrary.
Plan Year means the twelve (12) month period beginning October 1 and ending September
30 of the following year.
Retiree means a Member who has entered Retirement Status.
Retirement means a Member's separation from City employment with eligibility for
immediate receipt of benefits under the System or entry into the Deferred Retirement,
Option Plan.
Salary means the basic compensation for services rendered to the City as a General
Employee, plus all tax deferred, tax sheltered and tax exempt items of income, if otherwise
includible as basic compensation, derived from elective employee payroll deductions or
salary reductions, but excluding overtime, bonuses and any other non regular payment.
Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall
be sregarded as of the first day of the Plan Year shall be disreaarded for anv Purpose,
including employee contributions or anv benefit calculations. The annual compensation
of each member taken into account in determinina benefits or employee contributions for
anv Plan Year beainnina on or after January 1. 2002. may not exceed S200.000. as
adiusted for cost -of- livina increases in accordance with Code Section 401(a)(17)(B).
Compensation means compensation during the fiscal year. The cost -of- livina adiustment
in effect for a calendar year applies to annual compensation for the determination period
Ordinance No. 1053 Page 4 of 49
that beains with or within such calendar year. If the determination period consists of fewer
than 12 months. the annual compensation limit is an amount equal to the otherwise
applicable annual compensation limit multiplied by a fraction. the numerator of which is the
number of months in the short determination period, and the denominator of which is 12.
If the compensation for any prior determination period is taken into account in determining
a Member's contributions or benefits for the current Plan Year. the compensation for such
prior determination period is subiect to the applicable annual compensation limit in effect
for that prior period. The limitation on compensation for an "eligible employee" shall not
be less than the amount which was allowed to be taken into account hereunder as in effect
on July 1, 1993. "Eligible employee" is an individual who was a Member before the first
plan year beginning after December 31, 1995.
Spouse means the lawful wife or husband of a Member or Retiree at the time benefits
become payable.
System means the City of Okeechobee and Okeechobee Utility Authority Employees'
Retirement System as contained herein and all amendments thereto.
2. Masculine Gender.
The masculine gender, where used herein, unless the context specifically requires
otherwise, shall include both the feminine and masculine genders.
SECTION 2. MEMBERSHIP.
1. Conditions of Eliaibilitv.
A. All General Employees as of the Effective Date, and all future new General
Employees, shall become Members of this System as a condition of employment.
B. Notwithstanding the previous paragraph, the
future City Administrator or Administrative Assistant and the
Executive Director of the Okeechobee Utility Authority may, in the event he has
elected to participate in another pension program, within the first sixty (60) days of
his employment as City Administrator or Administrative Assistant or Executive
Director, notify the Board and the City of Okeechobee (with respect to the City
Administrator or Administrative Assistant) or the Okeechobee Utility Authority (with
respect to the Executive Director), in writing, of his election to not be a Member of
the System. In the event of any such election, he shall be barred from future
membership in the System.
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Ordinance No. 1053 Page 5 of 49
IF
E C. Notwithstanding any provision herein to the contrary, any future elected official may,
within sixty (60) days of taking office, elect to discontinue membership in the System
and receive the return of all Accumulated Contributions. In the event of such
election, the elected official shall be barred from future membership in the system.
2. Designation of Beneficiary.
Each General Employee shall complete a form prescribed by the Board designating a
Beneficiary or Beneficiaries.
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 is hereby designated as the plan administrator. The Board
shall consist of five (5) Trustees, one of whom, shall be a legal resident of the City, who
shall be appointed by the Okeechobee City Council, one of who shall be appointed by the
Okeechobee Utility Authority Board, one of whom shall be a full -time General Employee
Member employed by the City of Okeechobee, and one of whom shall be a full -time
General Employee Member employed by Okeechobee Utility Authority. 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 Okeechobee City Council. Upon receipt of
the fifth person's name, the Okeechobee City Council 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 twe-(2) four (4) year term unless he sooner vacates the office. Each resident
Trustee appointed by the City of Okeechobee or by the Okeechobee Utility Authority shall
serve as Trustee for a period of two -E2) four (4) years, unless he sooner vacates the office
or is sooner replaced by the appointing authority at whose pleasure he shall serve. Each
Member Trustee shall serve as Trustee for a period of two -(2) four (4) years, unless he
sooner leaves the employment of the City of Okeechobee or Okeechobee Utility Authority
as a General Employee 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. DROP participants can be elected as and vote for elected Trustees. The
Board shall establish and administer the nominating and election procedures for each
election. The Board shall meet at least quarterly each year. The Board 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.
2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary
of the Board shall keep a complete minute book of the actions, proceedings, or hearings
of the Board. The Trustees shall not receive any compensation as such, but may receive
expenses and per diem as provided by law.
Ordinance No. 1053 Page 6 of 49
3. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall
be necessary for any decision by the Trustees at any meeting of the Board. A Trustee
shall abstain from voting as the result of a conflict of interest and shall comply with the
provisions of Section 112.3143, Florida Statutes.
4. The Board shall engage such actuarial, accounting, legal, and other services as shall be
required to transact the business of the System. The compensation of all persons
engaged by the Board and all other expenses of the Board necessary for the operation of
the System shall be paid from the Fund at such rates and in such amounts as the Board
shall agree.
5. The duties and responsibilities of the Board shall include, but not necessarily be limited to,
the following:
A. To construe the provisions of the System and determine all questions arising
thereunder.
B. To determine all questions relating to eligibility and membership.
C. To determine and certify the amount of all retirement allowances or other benefits
hereunder.
D. To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the System.
E. To distribute to Members, at regular intervals, information concerning the System.
F. To receive and process all applications for benefits.
G. To authorize all payments whatsoever from the Fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising
through operation of the System and Fund.
H. To have performed actuarial studies and valuations at least as often as required by
law, and make recommendations regarding any and all changes in the provisions
of the System.
I. To perform such other duties as are required to prudently administer the System.
SECTION 4. FINANCES AND FUND MANAGEMENT.
Establishment and Operation of Fund.
1. As part of the System, there exists the Fund, into which shall be deposited all of the
contributions and assets whatsoever attributable to the System.
Ordinance No. 1053 Page 7 of 49
2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the
Board. Payment of benefits and disbursements from the Fund shall be made by the
disbursing agent but only upon written authorization from the Board.
3. All funds of the system may be deposited by the Board with the Finance Director of the
City, acting in a ministerial capacity only, who shall be liable in the same manner and to the
same extent as he is liable for the safekeeping of funds for the City. However, any funds
so deposited with the Finance Director of the City shall be kept in a separate fund by the
Finance Director or clearly identified as such funds of the System. In lieu thereof, the
Board shall deposit the funds of the System in a qualified public depository as defined in
§280.02, Florida Statutes, which depository with regard to such funds shall conform to and
be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its
investment responsibilities as set forth herein, the Board may retain the services of a
custodian bank, an investment advisor registered under the Investment Advisors Act of
1940 or otherwise exempt from such required registration, an insurance company, or a
combination of these, for the purposes of investment decisions and management. Such
investment manager shall have discretion, subject to any guidelines as prescribed by the
Board, in the investment of all Fund assets.
4. All funds and securities of the System may be commingled in the Fund, provided that
accurate records are maintained at all times reflecting the financial composition of the
Fund, including accurate current accounts and entries as regards the following:
A. Current amounts of Accumulated Contributions of Members on both an individual
and aggregate account basis, and
B. Receipts and disbursements, and
C. Benefit payments, and
D. Current amounts clearly reflecting all monies, funds and assets whatsoever
attributable to contributions and deposits from the City, and
E. All interest, dividends and gains (or losses) whatsoever, and
F. Such other entries as may be properly required so as to reflect a clear and complete
financial report of the Fund.
5. An audit shall be performed annually by a certified public accountant for the most recent
fiscal year of the System showing a detailed listing of assets and a statement of all income
and disbursements during the year. Such income and disbursements must be reconciled
with the assets at the beginning and end of the year. Such report shall reflect a complete
evaluation of assets on both a cost and market basis, as well as other items normally
included in a certified audit.
6. The Board shall have the following investment powers and authority:
Ordinance No. 1053 Page 8 of 49
A. The Board shall be vested with full legal title to said Fund, subject, however, and in
any event to the authority and power of the Okeechobee City Council to amend or
1111 terminate this Fund, provided that no amendment or Fund termination shall ever
result in the use of any assets of this Fund except for the payment of regular
expenses and benefits under this System, except as otherwise provided herein. All
contributions from time to time paid into the Fund, and the income thereof, without
distinction between principal and income, shall be held and administered by the
Board or its agent in the Fund and the Board shall not be required to segregate or
invest separately any portion of the Fund.
B. All monies paid into or held in the Fund shall be invested and reinvested by the
Board and the investment of all or any part of such funds shall be limited to:
(1) Annuity and life insurance contracts with life insurance companies in
amounts sufficient to provide, in whole or in part, the benefits to which all of
the Members in the Fund shall be entitled under the provisions of this
System and pay the initial and subsequent premium thereon.
(2) Time or savings accounts of a national bank, a state bank insured by the
Bank Insurance fund or a savings /building and loan association insured
Savings Association Insurance Fund which is administered by the Federal
Deposit Insurance Corporation or a state or federal chartered credit union
whose share accounts are insured by the National Credit Union Share
Insurance Fund.
(3) Obligations of the United States or obligations guaranteed as to principal and
interest by the government of the United States or the an agency of the
government of the United States.
(4) Stocks, commingled or mutual funds administered by national or state banks,
bonds or other evidences of indebtedness, p rovided that:
(a) Except as provided in subparagraph (b), all individually held securities
and all securities in a commingled or mutual fund 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 fifteen percent (15 of the assets of the Fund may be invested
in foreign securities:
(c) The Board shall not invest more than five percent (5 of its assets
in the common stock, capital stock, or convertible securities of any
one issuing company, nor shall the aggregate investment in any one
issuing company exceed five percent (5 of the outstanding capital
stock of that company; nor shall the aggregate of its investments in
common stock, capital stock international equity securities and
Ordinance No. 1053 Page 9 of 49
convertible securities at cost exceed sixty percent (60 of the assets
of the Fund.
C. At least once every three (3) years, and more often as determined by the Board, the
Board shall retain a professionally qualified independent consultant to evaluate the
performance of all current investment managers and make recommendations
regarding the retention of all such investment managers. These recommendations
shall be considered by the Board at its next regularly scheduled meeting.
D. The Board may retain in cash and keep unproductive of income such amount of the
Fund as it may deem advisable, having regard for the cash requirements of the
System.
E. Neither the Board or any Trustee shall be liable for the making, retention or sale of
any investment or reinvestment made as herein provided, nor for any loss or
diminishment of the Fund, except that due to his or its own negligence, willful
misconduct or lack of good faith.
F. The Board may cause any investment in securities held by it to be registered in or
transferred into its name as Trustee or into the name of such nominee as it may
direct, or it may retain them unregistered and in form permitting transferability, but
the books and records shall at all times show that all investments are part of the
Fund.
G. The Board is empowered, but is not required, to vote upon any stocks, bonds, or
securities of any corporation, association, or trust and to give general or specific
proxies or powers of attorney with or without power of substitution; to participate in
mergers, reorganizations, recapitalization, consolidations, and similar transactions
with respect to such securities; to deposit such stock or other securities in any
voting trust or any protective or like committee with the Trustees or with depositories
designated thereby; to amortize or fail to amortize any part or all of the premium or
discount resulting from the acquisition or disposition of assets; and generally to
exercise any of the powers of an owner with respect to stocks, bonds, or other
investments comprising the Fund which it may deem to be to the best interest of the
Fund to exercise.
H. The Board shall not be required to make any inventory or appraisal or report to any
court, nor to secure any order of court for the exercise of any power contained
herein.
Where any action which the Board is required to take or any duty or function which
it is required to perform either under the terms herein or under the general law
applicable to it as Trustee under this ordinance, can reasonably be taken or
performed only after receipt by it from a Member, the City, or any other entity, of
specific information, certification, direction or instructions, the Board shall be free
of liability in failing to take such action or perform such duty or function until such
information, certification, direction or instruction has been received by it.
Ordinance No. 1053 Page 10 of 49
J. Any overpayments or underpayments from the Fund to a Member, Retiree
or Beneficiary caused by errors of computation shall be adjusted with interest
at a rate per annum approved by the Board in such a manner that the
Actuarial Equivalent of the benefit to which the Member, Retiree or
Beneficiary was correctly entitled to, shall be paid. Over payment shall be
charged against payments next succeeding the correction or collected in
another manner if prudent. Underpayments shall be made up from the Fund
in a prudent manner.
K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund
to meet the payments and benefits herein provided for.
L. In any application to or proceeding or action in the courts, only the Board shall be
a necessary party, and no Member or other person having an interest in the Fund
shall be entitled to any notice or service of process. Any judgment entered in such
a proceeding or action shall be conclusive upon all persons.
M. Any of the foregoing powers and functions reposed in the Board may be performed
or carried out by the Board through duly authorized agents, provided that the Board
at all times maintains continuous` supervision over the acts of any such agent;
provided further, that legal title to said Fund shall always remain in the Board.
SECTION 5. CONTRIBUTIONS.
1. Member Contributions.
A. Amount. Each Member of the System shall be required to make regular
contributions to the Fund in the amount of six percent (6 of his Salary. Member
contributions withheld by the City on behalf of the Member shall be deposited with
the Board immediately after each pay period. The contributions made by each
Member to the Fund shall be designated as employer contributions pursuant to
§414(h) of the Code. Such designation is contingent upon the contributions being
excluded from the Members' gross income for Federal Income Tax purposes. For
all other purposes of the System, such contributions shall be considered to be
Member contributions.
B. Method. Such contributions shall be made by payroll deduction.
2. City Contributions.
So long as this System is in effect, the City of Okeechobee and the Okeechobee Utility
Authority shall make quarterly contributions to the Fund in an amount equal to the
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required Citv contribution, as shown by the ITJOSi c,,;e.r°rt
applicable actuarial valuation of the System. 110
112, Statutes7- The total cost for
any year shall be apportioned equitably and consistently between the City of Okeechobee
Ordinance No. 1053 Page 11 of 49
and the Okeechobee Utility Authority based on the costs associated with each entity's
employees.
3. Other.
Private donations, gifts and contributions may be deposited to the Fund, but such deposits
must be accounted for separately and kept on a segregated bookkeeping basis. Funds
arising from these sources may be used only for additional benefits for Members, as
determined by the Board, and may not be used to reduce what would have otherwise been
required City contributions.
SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY.
1. Normal Retirement Date.
A Member's normal' retirement date shall be the first day of the month coincident with, or
next following the earlier of the attainment of age sixty -five (65) and the completion of five
(5) years of Crediteal Service or upon the completion of thirty (30) years of Credited
Service, regardless of age. A Member may retire on his normal retirement date or on the
first day of any month thereafter, and each Member shall become 100% vested in his
accrued benefit on the Member's normal retirement date. Normal retirement under the
System is Retirement from employment with the City on or after the normal retirement date.
2. Normal Retirement Benefit.
A Member retiring hereun der on or after his normal retirement date shall receive a monthly
benefit which shall commence on the first day of the month coincident with or next following
his Retirement and be conttinued thereafter during Member's lifetime, ceasing upon death,
but with one hundred twenty (120) monthly payments guaranteed in any event. The
monthly retirement benefit shall equal two and one -tenth percent (2.1%) of Average Final
Compensation, for each year of Credited Service.
3. Early Retirement Date.
A Member may retire on his early retirement date which shall be the first day of any month
coincident with or next following the later of the attainment of age fifty -five (55) and the
completion of ten (10) years of Credited Service. Early retirement under the System is
Retirement from employment with the City on or after the early retirement date and prior
to the normal retirement date.
4. Early Retirement Benefit.
A member retiring hereunder on his early retirement date may receive either a deferred or
an immediate monthly retirement benefit payable in the same form as for normal retirement
as follows:
A. A deferred monthly retirement benefit which shall commence at age sixty -five (65)
and shall be continued on the first day of each month thereafter. The amount of
each such deferred monthly retirement benefit shall be determined in the same
manner as for retirement on his normal retirement date except that Credited Service
and Average Final Compensation shall be determined as of his early retirement
date; or
Ordinance No. 1053 Page 12 of 49
B. An immediate monthly retirement benefit which shall commence on his early
retirement date and shall be continued on the first day of each month thereafter.
The benefit payable shall be as determined in paragraph A above, which is reduced
by two percent (2 for each year by which the commencement of benefits
precedes age sixty -five (65).
5. Required Distribution Date.
The Member's benefit under this Section must begin to be distributed to the Member no
later than April 1 of the calendar year followina the later of the calendar year in which the
Member attains aae seventy and one -half (70 or the calendar year in which the Member
terminates employment with the City.
SECTION 7. DEATH BENEFITS.
1. Prior to Vesting or Eliaibilitv for Retirement.
The Beneficiary of a deceased Member who was not receiving monthly benefit payments,
or who was not yet vested or eligible for retirement shall receive a refund of one hundred
percent (100 of the Member's Accumulated Contributions.
2. Deceased Members Vested or Eligible for Retirement.
Any member, whether or not still actively employed, who has a right to a vested accrued
benefit, shall be eligible for a death benefit if he dies before collecting any other benefits
from this System. The amount of the death benefit shall be equal to fifty percent (50 of
the actuarially equivalent single sum value of the Member's vested accrued benefit or his
Accumulated Contributions, whichever is greater.
If this single sum value is less than $5,000, it shall be paid in a lump sum. If the value
exceeds $5,000, the Beneficiary may elect payment under any of the optional forms
available for retirement benefits or a lump sum payment.
If a Member is eligible for early or normal retirement, but remains in employment and dies
while so employed, the death benefit shall be determined as follows: It shall be assumed
that such deceased Member had retired immediately preceding his date of death and
elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall
be equal to fifty percent (50 of the actuarially equivalent single sum value of the
Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter
option, described earlier in this Section.
SECTION 8. DISABILITY.
1. Disability Benefits.
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 perform
the duties that the General Employee was assigned at the time of the impairment and is
unable to perform the duties of another General Employee position which the City of
Okeechobee or the Okeechobee Utility Authority makes available to him in a similar job
classification and rank at no reduction in Salary for which the General Employee is
qualified by reason of training, education, or experience, whether or not such disability was
directly caused by the performance of his duty as a General Employee. Upon establishing
the same to the satisfaction of the Board, the General Employee shall be entitled to a
Ordinance No. 1053 Page 13 of 49
monthly pension determined in the same manner as for Early Retirement set forth in
Section 6, subsection 4.B, if the benefit begins at or after age fifty -five (55), and if the
benefit begins prior to age fifty -five (55), the benefit shall be actuarially reduced for the
period prior to age fifty -five (55). Terminated persons, either vested or non vested, are not
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.
2. Conditions Disaualifvina Disability Benefits.
Each Member who is claiming disability benefits shall establish, to the satisfaction of the
Board, that such disability was not occasioned primarily by:
A. Excessive or habitual use of any drugs, intoxicants, or alcohol.
B. Injury or disease sustained while willfully and illegally participating in fights, riots or
civil insurrections.
C. Injury or disease sustained while committing a crime.
D. Injury or disease sustained while serving in any branch of the Armed Forces.
E. Injury or disease sustained after his employment as a General Employee with the
City Okeechobee or the Okeechobee Utility Authority shall have terminated.
F. Willful, wanton or intentional misconduct or gross negligence of the Member.
G. Injury or disease sustained by the Member while working for anyone other than the
City of Okeechobee or the Okeechobee Utility Authority and arising out of such
employment.
H. A condition pre existing the General Employee's membership in the System. No
Member shall be entitled to a disability pension because of or due to the
aggravation of a specific injury, impairment or other medical condition pre existing
at the time of membership in the System, provided that such pre- existing condition
and its relationship to a later injury, impairment or other medical condition be
established by competent substantial evidence. Nothing herein shall be construed
to preclude a disability pension to a Member who, after membership in the System,
suffers an injury, impairment or other medical condition different from some other
injury, impairment, or other medical condition existing at or prior to said
membership.
3. 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 physicians and /or surgeon or surgeons,
who shall be selected by the Board for that purpose. The 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.
Ordinance No. 1053 Page 14 of 49
Any Retiree receiving disability benefits under provisions of this ordinance may be required
by the Board to submit sworn statements of his condition accompanied by a physician's
11111 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 longer
permanently and totally disabled to the extent that he is unable to render useful and
efficient service as a General Employee, the Board shall recommend to the City that the
Retiree be returned to performance of duty as a General Employee, and the Retiree so
returned shall enjoy the same rights that he had at the time he was placed upon pension.
In the event the Retiree so ordered to return shall refuse to comply with the order within
thirty (30) days from the issuance thereof, he shall forfeit the right to his pension.
The cost of the physical examination and /or re- examination of the Member claiming or the
Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs
as determined by the Board incident to the physical examination, such as, but not limited
to, transportation, meals and hotel accommodations, shall be borne by the Fund.
If the Retiree recovers from disability and reenters the service of the City as a General
Employee, his service will be deemed to have been continuous, but the period beginning
with the first month for which Retiree received a disability retirement payment and ending
with the date he reentered the service of the City will not be considered as Credited
Service for the purposes of this System.
The Board shall have the power and authority to make the final decisions regarding all
disability claims.
5. Disability Payments.
The monthly benefit to which a Member is entitled in the event of the Member's disability
retirement shall be payable on the first day of the first month after the Board determines
such entitlement. However, the monthly retirement income shall be payable as of the date
the Board determined such entitlement, and any portion due for a partial month shall be
paid together with the first payment. The last payment will be:
A. If the Retiree recovers from the disability the
payment due next preceding the date of such recovery, or
B. If the Retiree dies without recovering from disability ,t
the payment due next preceding his death or the 120th
monthly payment, whichever is later.
Provided, however, the disability Retiree may select, at any time prior to the date on which
benefit payments begin, an optional form of benefit payment as described in Section 10,
subsection 1.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of
benefit.
Ordinance No. 1053 Page 15 of 49
6. Workers' Compensation,.
When a Retiree is receiving a disability pension and workers' compensation benefits
pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly
benefits received from both exceed 100% of the Member's average monthly wage, as
defined in Chapter 440, Florida Statutes,, the disability pension benefit shall be reduced so
that the total monthly amount received by the Retiree does not exceed 100% of such
average monthly wage. The amount of any lump sum workers' compensation payment
shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by
dividing the lump sum amount by 83.9692.
SECTION 9. VESTING
If a Member terminates his employment as a General Employee, either voluntarily or by
discharge, and is not eligible for any other benefits under this System, the Member shall be
entitled to the following:
1. If the Member has less than five (5) years Credited Service upon termination, the
Member shall be entitled to a refund of his Accumulated Contributions or the
Member may leave it deposited with the Fund.
2. If the Member has five (5) or more years of Credited Service upon termination, the
Member shall be entitled to a monthly retirement benefit, determined in the same
manner as for normal or early retirement and based upon the Member's Credited
Service, Average Final Compensation and the benefit accrual rate as of the date of
termination, payable to him commencing at age 65, or age 55 reduced as for early
retirement from age 65, provided he does not elect to withdraw his Accumulated
Contributions and provided the Member survives to his otherwise normal or early
retirement date. If the Member does not withdraw his Accumulated Contributions
and does not survive to his otherwise normal or early retirement date, his
designated Beneficiary shall be entitled to a benefit as provided herein for a
deceased Member, vested or eligible for Retirement under Pre Retirement Death.
SECTION 10. OPTIONAL FORMS OF BENEFITS.
1. In lieu of the amount and form of retirement income payable in the event of normal or early
retirement as specified herein, a Member, upon written request to the Board may elect to
receive a retirement income or benefit of equivalent actuarial value payable in accordance
with one of the following options:
A. A retirement income of a modified monthly amount, payable to the Member during
the lifetime of the Member and following the death of the Member, 100 75 66-
2/3% or 50% of such monthly amount payable to a joint pensioner for his lifetime.
Except where the Retiree's joint pensioner is his Spouse, the payments to the joint
pensioner as a percentage of the payments to the Retiree shall not exceed the
applicable percentage provided for in the applicable table in the Treasury
regulations. (See Q A -2 of 1.401(a)(9) -6)
Ordinance No. 1053 Page 16 of 49
B. A retirement income of a modified monthly amount for the lifetime of the Member
only.
C. If a Member retires prior to the time at which social security benefits are payable,
he may elect to receive an increased retirement benefit until such time as social
security benefits shall be assumed to commence and a reduced benefit thereafter
in order to provide, to as great an extent as possible, a more level retirement
allowance during the entire period of Retirement. The amounts payable shall be as
recommended by the actuaries for the System, based upon the social security law
in effect at the time of the Member's Retirement. This option may be combined with
other optional forms of benefits.
D. For any Member who does not participate in the DROP pursuant to Section 28, a
lump sum payment payable to the Retiree equal to twenty percent (20 of the
present value of the Retiree's accrued benefit at the date of retirement with the
remaining eighty percent (80 payable to the Retiree in a form selected by the
Retiree and provided for in A or B above or in the normal form (10 year certain and
life). A Retiree who is a participant in the Deferred Retirement Option Plan shall not
be eligible to select this partial lump sum option.
2. The Member, upon electing any option of this Section, will designate the joint pensioner
(subsection 1.,A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any,
payable under the System in the event of Member's death, and will have the power to
change such designation from time to time. Such designation will name a joint pensioner
or one or more primary Beneficiaries where applicable. If a Member has elected an option
with a joint pensioner or Beneficiary and Member's retirement income benefits have
commenced, Member may thereafter change his designated Beneficiary at any time, but
may change his joint pensioner only if the designated joint pensioner and the Member were
married at the time of Member's Retirement and are divorced subsequent thereto and the
joint pensioner is alive at the time of the change.
3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change
shall not be required. The rights of all previously designated Beneficiaries to receive
benefits under the System shall thereupon cease.
4. Upon change of a Retiree's joint pensioner in accordance with this Section, the amount of
the retirement income payable to the Retiree shall be actuarially determined to take into
account the age and sex of the former joint pensioner, the new joint pensioner and the
Retiree. Any such Retiree shall pay the actuarial recalculation expenses. Each request
for a change will be made in writing on a form prepared by the Board and on completion
will be filed with the Board. In the event that no designated Beneficiary survives the
Retiree, such benefits as are payable in the event of the death of the Retiree subsequent
to his Retirement shall be paid as provided in Section 11.
1111
5. Retirement income payments shall be made under the option elected in accordance with
the provisions of this Section and shall be subject to the following limitations:
Ordinance No. 1053 Page 17 of 49
A. If a Member dies prior to his normal retirement date or early retirement date,
whichever first occurs, no retirement benefit will be payable under the option to any
person, but the benefits, if any, will be determined under Section 7.
B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the
Member's retirement under the System, the option elected will be canceled
automatically and a retirement income of the normal form and amount will be
payable to the Member upon his Retirement as if the election had not been made,
unless a new election is made in accordance with the provisions of this Section or
a new Beneficiary is designated by the Member prior to his Retirement.
C. If both the retired Member and the Beneficiary (or Beneficiaries) designated by
Member or Retiree die before the full payment has been effected under any option
providing for payments for a period certain and life thereafter, made pursuant to the
provisions of subsection 1, the Board may, in its discretion, direct that the
commuted value of the remaining payments be paid in a lump sum and in
accordance with Section 11.
D. If a Member continues beyond his normal retirement date pursuant to the provisions
of Section 6, subsection 1, and dies prior to his actual retirement and while an
option made pursuant to the provisions of this Section is in effect, monthly
retirement income payments will be made, or a retirement benefit will be paid, under
the option to a Beneficiary (or Beneficiaries) designated by the Member in the
amount or amounts computed as if the Member had retired under the option on the
date on which his death occurred.
E. The Member's benefit under this Section must beain to be distributed to the Member
no later than April 1 of the calendar year followina the later of the calendar year in
which the Member attains aae seventy and one -half (70V2) or the calendar year in
which the Member terminates employment with the City..
6. A Retiree may not change his retirement option after the date of cashing or depositing his
first retirement check.
7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to
make a lump sum payment to a Member or a Member's Beneficiary in the event that the
,00.00) total commuted value of the monthly income payments to be paid do
not exceed one thousand dollars ($1.000). Any such payment made to any person
pursuant to the power and discretion conferred upon the Board by the preceding sentence
shall operate as a complete discharge of all obligations under the System with regard to
such Member and shall not be subject to review by anyone, but shall be final, binding and
conclusive on all persons.
Ordinance No. 1053 Page 18 of 49
SECTION 11. BENEFICIARIES
1 Each Member or Retiree may, on a form provided for that purpose, signed and filed with
1111 the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which
may be payable in the event of his death. Each designation may be revoked or changed
by such Member or Retiree by signing and filing with the Board a new designation -of-
beneficiary form. Upon such change, the rights of all previously designated Beneficiaries
to receive any benefits under the System shall cease.
2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed
in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Member or
Retiree predeceases the Member or Retiree, the death benefit, if any, which may be
payable under the System with respect to such deceased Member or Retiree, shall be paid
to the estate of the Member or Retiree and the Board, in its discretion, may direct that the
commuted value of the remaining monthly income benefits be paid in a lump sum.
3. Any payment made to any person pursuant to this Section shall operate as a complete
discharge of all obligations under the System with regard to the deceased Member and any
other persons with rights under the System and shall not be subject to review by anyone
but shall be final, binding and conclusive on all persons ever interested hereunder.
SECTION 12. CLAIMS PROCEDURES.
1. The Board shall establish administrative claims procedures to be utilized in processing
written requests "claims on matters which affect the substantial rights of any person
"Claimant including Members, Retirees, Beneficiaries, or any person affected by a
decision of the Board.
2. The Board shall have the power to subpoena and require the attendance of witnesses and
the production of documents for discovery prior to and at any proceedings provided for in
the Board's claims procedures. The Claimant may request in writing the issuance of
subpoenas by the Board. A reasonable fee may be charged for the issuance of any
subpoenas not to exceed the fees set forth in Florida Statutes.
SECTION 13. ROSTER OF RETIREES.
The Secretary of the Board shall keep a record of all persons enjoying a pension under the
provisions of this ordinance in which it shall be noted the time when the pension is allowed and
when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all
Members employed by the City in such a manner as to show the name, address, date of
employment and date of termination of employment.
SECTION 14. MAXIMUM PENSION.
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Ordinance No. 1053 Page 19 of 49
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Ordinance No. 1053 Page 20 of 49
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1. Basic Limitation.
Notwithstanding any other provisions of this System to the contrary. the Member
contributions paid to. and retirement benefits paid from, the System shall be limited to such
extent as may be necessary to conform to the requirements of Code Section 415 for a
qualified retirement plan. Before January 1. 1995, a plan member may not receive an
annual benefit that exceeds the limits specified in Code Section 415(b'. subiect to the
III applicable adiustments in that section. On and after January 1. 1995, a plan member may
not receive an annual benefit that exceeds the dollar amount specified in Code Section
415(b)(1)(A) ($160.000). subiect to the applicable adiustments in Code Section 415(b) and
Ordinance No. 1053 Page 21 of 49
subject to any additional limits that may be specified in this System. For purposes of this
Section. "limitation year" shall be the calendar near.
2. Adiustments to Basic Limitation for Form of Benefit.
If the form of benefit without regard to any benefit increase feature is not a straight life
annuity. then the Code Section 415(b) limit applicable at the annuity starting date is
reduced to an actuarially equivalent amount (determined using the assumptions specified
in Treasury Regulation Section 1.415(b)- 1(c)(21(ii)) that takes into account the death,
benefits under the form of benefit.
3. Benefits Not Taken into Account.
For purposes of this Section. the following benefits shall not be taken into account in
applying these limits:
A. Any ancillary benefit which is not directly related to retirement income benefits~
B. Any other benefit not required under 6415(b)(2) of the Code and Regulations
thereunder to be taken into account for purposes of the limitation of Code Section
415(b)(1).
4. COLA Effect.
Effective on and after January 1. 2003. for purposes of applying the limits under Code
Section 415(b) (the "Limit the followina will apply:
A. A Member's applicable limit will be applied to the Member's annual benefit in the
Member's first calendar year of benefit payments without reaard to any automatic
cost of livina adiustments:
B. thereafter, in any subsequent calendar year. a Member's annual benefit. including
any automatic cost of living increases. shall be tested under the then applicable
benefit limit including any adiustment to the Code Section 415(b)(1)(A) dollar limit
under Code Section 415(d). and the regulations thereunder: but
C. in no event shall a Member's benefit payable under the System in any calendar year
be greater than the limit applicable at the annuity starting date. as increased in
subseauent years pursuant to Code Section 415(d) and the regulations thereunder.
Unless otherwise specified in the System. for purposes of applying the limits under Code
Section 415(b). a Member's applicable limit will be applied taking into consideration cost
of living increases as reauired by Section 415(b) of the Code and applicable Treasury
Regulations.
5. Other Adiustments in Limitations.
A. In the event the Member's retirement benefits become payable before age sixtv -two
(62). the limit prescribed bv this Section shall be reduced in accordance with,
regulations issued bv the Secretary of the Treasury pursuant to the provisions of
Code Section 415(b) of the Code. so that such limit (as so reduced) eauals an
Ordinance No. 1053 Page 22 of 49
annual straiaht life benefit (when such retirement income benefit begins) which is
equivalent to a one hundred sixty thousand dollar ($160.000) annual benefit
beainnina at aae sixty -two (62).
B. In the event the Member's benefit is based on at least fifteen (15) years of Credited
Service as a full -time employee of the police or fire department of the City. the
adiustments provided for in A. above shall not apply.
C. The reductions provided for in A. above shall not be applicable to disability benefits
pursuant to Section 8. or pre- retirement death benefits paid pursuant to Section 7.
D. In the event the Member's retirement benefit becomes payable after aae sixty -five
(65). for purposes of determining whether this benefit meets the limit set forth in
subsection 1 herein, such benefit shall be adiusted so that it is actuarially equivalent
to the benefit beainnina at aae sixty -five (65). This adjustment shall be made in
accordance with regulations promulgated by the Secretary of the Treasury or his
deleaate.
6. Less than Ten (10) Years of Service.,
The maximum retirement benefits payable under this Section to any Member who has
completed Tess than ten (10) years of Credited Service with the City shall be the amount
determined under subsection 1 of this Section multiplied by a fraction, the numerator of
which is the number of the Member's years of Credited Service and the denominator of
which is ten (10). The reduction provided by this subsection cannot reduce the maximum
benefit below 10 The reduction provided for in this subsection shall not be applicable
to disability benefits paid pursuant to Section 8, or pre- retirement death benefits paid
pursuant to Section 7.
7. Participation in Other Defined Benefit Plans.
The limit of this Section with respect to any Member who at any time has been a member
in any other defined benefit plan as defined in Code Section 414(1) maintained by the City
shall apply as if the total benefits payable under all Cite defined benefit plans in which the
Member has been a member were payable from one plan.
8. Ten Thousand Dollar ($10.000) Limit.
Notwithstandina the foregoing, the retirement benefit payable with respect to a Member
shall be deemed not to exceed the limit set forth in this Section if the benefits payable, with
respect to such Member under this System and under all other qualified defined benefit
pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000)
for the applicable Plan Year and for any prior Plan Year and the City has not any time
maintained a qualified defined contribution plan in which the Member participated.
9. Reduction of Benefits.
Reduction of benefits and /or contributions to all plans, where required. shall be
accomplished by first reducing the Member's benefit under any defined benefit plans in
which Member participated, such reduction to be made first with respect to the plan in
which Member most recently accrued benefits and thereafter in such priority as shall be
Ordinance No. 1053 Page 23 of 49
determined by the Board and the plan administrator of such other plans. and next. by
reducina or allocatina excess forfeitures for defined contribution plans in which the Member
participated, such reduction to be made first with respect to the plan in which Member mos'
recently accrued benefits and thereafter in such priority as shall be established by the
Board and the plan administrator for such other plans provided. however. that necessary
reductions may be made in a different manner and priority pursuant to the aareement of
the Board and the plan administrator of all other plans coverina such Member.
10. Service Credit Purchase Limits.
k Effective for permissive service credit contributions made in limitation years
beainnina after December 31. 1997. if a Member makes one or more contributions
to purchase permissive service credit under the System. as allowed in Section 23
and 27. then the reauirements of this Section will be treated as met only if:
al the requirements of Code Section 415(b) are met. determined by treatina the
accrued benefit derived from all such contributions as an annual benefit for
purposes of Code Section 415(b). or
(2) the reauirements of Code Section 415(c) are met. determined by treatina all
such contributions as annual additions for purposes of Code Section 415(c).
ai For purposes of applvina subparaaraph (1). the System will not fail to meet
the reduced limit under Code Section 415(b)(2)(c) solely by reason of this
subparaaraph (3). and for purposes of applvina subparaaraph (2) the System
will not fail to meet the percentaae limitation under Section 415(c)(1)(B) of
the Code solely by reason of this subparaaraph (3).
B. For purposes of this subsection the term "permissive service credit" means service
cred it—
(1� recognized by the System for purposes of calculatina a Member's benefit
under the plan.
Lal which such Member has not received under the clan. and
Q. which such Member may receive only by making a voluntary additional
contribution, in an amount determined under the System. which does not
exceed the amount necessary to fund the benefit attributable to such service
credit.
Effective for permissive service credit contributions made in limitation years,
beainnina after December 31. 1997. such term may. if otherwise provided by the,
System. include service credit for periods for which there is no performance of
service. and. notwithstandina clause B.(2). may include service credited in order to
Provide an increased benefit for service credit which a Member is receivina under
the System.
Ordinance No. 1053 Page 24 of 49
C. For purposes of applvina the limits in this subsection 10., only and for no other
Purpose. the definition of compensation where applicable will be compensation
actually paid or made available durina a calendar year. except as noted below and
as permitted by Treasury Reaulations Section 1.415(c) -2. or successor reaulations.
Unless another definition of compensation that is permitted by Treasury Reaulations
Section 1.415(c) -2. or successor reaulation. is specified by the System,
compensation will be defined as waaes within the meaning of Code Section 3401(a)
and all other payments of compensation to an employee by an employer for which
the employer is reauired to furnish the employee a written statement under Code
Sections 6041(d). 6051(a)(3) and 6052 and will be determined without reaard to any
rules under Code Section 3401(a) that limit the remuneration included in wages
based on the nature or location of the employment or the services performed (such
as the exception for aaricultural labor in Code Section 3401(a)(2).
Jj, However. for calendar years beainnina after December 31. 1997,
compensation will also include amounts that would otherwise be included in
compensation but for an election under Code Sections 125(a). 402(e)(3),
402(h)(1)(B). 402(k), or 457(b). For calendar years beainnina after
December 31. 2000. compensation will also include any elective amounts
that are not includible in the cross income of the employee by reason of
Code Section 132(f)(4).
,l For limitation years beainnina on and after January 1. 2007, compensation
for the calendar year will also include compensation paid by the later of 2'/z
months after an employee's severance from employment or the end of the
calendar year that includes the date of the employee's severance from
employment if:
the payment is regular compensation for services durina the
employee's reaular workina hours. or compensation for services
outside the employee's reaular workina hours (such as overtime or
shift differential). commissions. bonuses or other similar payments,
and. absent a severance from employment. the payments would have
been paid to the employee while the employee continued in
employment with the employer: or
azi the payment is for unused accrued bona fide sick, vacation or other
leave that the employee would have been able to use if employment
had continued.
Back pay. within the meaning of Treasury Reaulations Section 1.415(c)-
2(a)(8). shall be treated as compensation for the limitation year to which the
back pay relates to the extent the back pay represents wages and
compensation that would otherwise be included under this definition.
D. Notwithstandina any other provision of law to the contrary, the Board may modify
a reauest by a Member to make a contribution to the System if the amount of the
Ordinance No. 1053 Page 25 of 49
contribution would exceed the limits provided in Code Section 415 by using the
following methods:
(1) If the law requires a lump sum payment for the purchase of service credit..
the Board may establish a periodic payment deduction plan for the Member
to avoid a contribution in excess of the limits under Code Sections 415(c) or
415(n).
(2) If payment pursuant to suboaraaraph (1) will not avoid a contribution in
excess of the limits imposed by Code Section 415(c). the Board may either
reduce the Member's contribution to an amount within the limits of that
section or refuse the Member's contribution.
11. Additional Limitation on Pension Benefits.
Notwithstandino anything herein to the contrary:
A. The normal retirement benefit or pension payable to a Retiree who becomes a.
Member of the System and who has not previously participated in such System. on
or after January 1. 1980. shall not exceed one hundred percent (100 of his
Average Final Compensation. However. nothing contained in this Section shall,
apply to sure lemental retirement benefits or to pension increases attributable to,
cost -of- living iincreases or adiustments.
B. No Member of the System shall be allowed to receive a retirement benefit or
Pension which is in part or in whole based upon any service with respect to which
the Member is atlreadv receiving. or will receive in the future. a retirement benefit or
pension from a d'ifferent employer's retirement system or plan. This restriction does,
not apply to social security benefits or federal benefits under Chapter 67. Title 10._
U.S. Code.
SECTION 15. MINIMUM DISTRIBUTION OF BENEFITS.
1. General Rules.
A. Effective Date. Effective as of January 1. 1989. the Plan will pay all benefits in,
accordance with a good faith interpretation of the requirements of Code Section,
401(a)(9) and the regulations in effect under that section. as applicable to a
governmental plan within the meaning of Code Section 414(d). Effective on and.
after January 1. 2003, the Plan is also subiect to the specific provisions contained,
in this Section. The provisions of this Section will apply for purposes of determining
required minimum distributions for calendar years beginning with the 2003 calendar
year.
B. Precedence. The requirements of this Section will take precedence over any
inconsistent provisions of the Plan.
Ordinance No. 1053 Page 26 of 49
O C. TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this
Section other than this subsection 443 1_C., distributions may be made under a
111 designation made before January 1, 1984, in accordance with Section 242(b)(2) of
the Tax Equity and Fiscal Responsibility Act TEFRA) and the provisions of the plan
that related to Section 242(b)(2) of TEFRA.
2. Time and Manner of Distribution
A. Required Beainnina Date. The Member's entire interest will be distributed, or begin
to be distributed, to the Member no later than the Member's required beginning date
which shall not be later than April 1 of the calendar year following the later of the
calendar year in which the Member attains age seventy and one -half (70 1/2) or the
calendar year in which the Member
ofegtrired by law terminates employment with the City.
B. Death of Member Before Distributions Beain If the Member dies before
distributions begin, the Member's entire interest will be distributed, or begin to be
distributed no later than as follows:
(1) If the Member's surviving spouse is the Member's sole designated
beneficiary, then distributions to the surviving spouse will begin by December
31 of the calendar year immediately following the calendar year in which the
Member died, or by a date on or before December 31 of the calendar year
in which the Member would have attained age 70 if later. as the survivina
spouse elects.
(2) If the Member's surviving spouse is not the Member's sole designated
beneficiary, then, distributions to the designated beneficiary will begin by
December 31 of the calendar year immediately following the calendar year
in which the Member died.
(3) If there is no designated beneficiary as of September 30 of the year following
the year of the Member's death, the Member's entire interest will be
distributed by December 31 of the calendar year containing the fifth
anniversary of the Member's death.
(4) If the Member's surviving spouse is the Member's sole designated
beneficiary and the surviving spouse dies after the Member but before
distributions to the surviving spouse begin, this subsection 2.B., other than
subsection 2.B.(1), will apply as if the surviving spouse were the Member.
For purposes of this subsection 2.B. and subsection 5., distributions are
considered to begin on the Member's required beginning date or, if
subsection 2.B.(4) applies, the date of distributions are required to begin to
the surviving spouse under subsection 2.B.(1). If annuity payments
irrevocably commence to the Member before the Member's required
beginning date (or to the Member's surviving spouse before the date
distributions are required to begin to the surviving spouse under subsection
Ordinance No. 1053 Page 27 of 49
2.B.(1)), the date distributions are considered to begin is the date
distributions actually commence.
C. Death After Distributions Benin. If the Member dies after the reauired distribution
of benefits has beaun. the remainina portion of the Member's interest must be,
distributed at least as rapidly as under the method of distribution before the
Member's death.
G D. Form of Distribution. Unless the Member's interest is distributed in the form of an
annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will be
made in accordance with this Section. If the Member's
interest is distributed in the form of an annuity purchased from an insurance
company, distributions thereunder will be made in accordance with the requirements
of Section 401(a)(9) of the Code and Treasury regulations. Any part of the
Member's interest which is in the form of an individual account described in Section
414(k) of the Code will be distributed in a manner satisfying the requirements of
Section 401(a)(9) of the Code and Treasury regulations that apply to individual
accounts.
3. Determination of Amount to be Distributed Each Year.
A. General Anntritv Reauirements. If the Member's interest is paid in the form of
annuity distributions under the Plan, payments under the annuity will satisfy the
following requirements:
(1) The annuity distributions will be paid in periodic payments made at intervals
not longer than one year.
(2)
The Member's entire
interest must be distributed pursuant to Section 6. Section 7. Section 9. or
Section 10 (as applicable) and in anv event over a period equal to or less,
than the Member's life or the lives of the Member and a desianated,
beneficiary, or over a period not extending beyond the life expectancy of the
Member or of the Member and a desianated beneficiary. The life expectancy
of the Member. the Member's spouse. or the Member's beneficiary may not
be recalculated after the initial determination for purposes of determining
benefits.
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Ordinance No. 1053 Page 28 of 49
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must be distributed on or before the Member's required beginning date (or, if the
Member dies before distributions begin, the date distributions are required to begin
under strbseet;on 2.0. Section 71 is the payment that is required for one payment
interval. The second payment need not be made until the end of the next payment
interval even if that payment interval ends in the next calendar year. Payment
intervals are the periods for which payments are received, e.g., bri -iy, monthly;
semiweitryttaffr All of the Member's benefit accruals as of the last day
of the first distribution calendar year will be included in the calculation of the amount
of the annuity payments for payment intervals ending on or after the Member's
required beginning date.
C. Additional Accruals After First Distribution Calendar Year.. Any additional benefits
accruing to the Member in a calendar year after the first distribution calendar year
will be distributed beginning with the first payment interval ending in the calendar
year immediately following the calendar year in which such amount accrues.
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Ordinance No. 1053 Page 29 of 49
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Ordinance No. 1053 Page 30 of 49
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4. General Distribution Rules.
A. The amount of an annuity paid to a Member's beneficiary may not exceed the
maximum determined under the incidental death benefit reauirement of Code
Section 401(a)(9)(G). and effective for any annuity commencing on or after January
1. 2008. the minimum distribution incidental benefit rule under Treasury Regulation
Section 1.401(a)(9) -6. Q&A -2.
B. The death and disability benefits provided by the Plan are limited by the incidental
benefit rule set forth in Code Section 401(a)(9)(G) and Treasury Regulation Section
1.401- 1(b)(1)(I) or any successor regulation thereto. As a result. the total death or
disability benefits payable may not exceed 25% of the cost for all of the Members',
benefits received from the retirement system.
6 5. Definitions.
A. Designated Beneficiary. The individual who is designated as the beneficiary under
the Plan and is the designated beneficiary under Section 40I(a)(9) of the Code and
Section 1.401(a)(9) -1, Q&A-4, of the Treasury regulations.
B. Distribution Calendar Year. A calendar year for which a minimum distribution is
required. For distributions beginning before the Member's death, the first
distribution calendar year is the calendar year immediately preceding the calendar
year which contains the Member's required beginning date. For distributions
beginning after the Member's death, the first distribution calendar year is the
calendar year in which distributions are required to begin pursuant to
27B- Section 7.
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SECTION 16. MISCELLANEOUS PROVISIONS
1. Interest of Members in System
At All assets of the Fund are held in trust. and at no time prior to the satisfaction of all
liabilities under the System with respect to Members and their Spouses or Beneficiaries,
shall any part of the corpus or income of the Fund be used for or diverted to any purpose
other than for their exclusive benefit.
2. No Reduction of Accrued Benefits.
No amendment or ordinance shall be adopted by the City Council of the City of
Okeechobee which shall have the effect of reducing the then vested accrued benefits of
Members or a Member's Beneficiaries.
Ordinance No. 1053 Page 31 of 49
3. Qualification of System.
It is intended that the System will constitute a qualified pension plan under the applicable
provisions of the Code for a aualified plan under Code Section 401(a) and a aovernmenta`
plan under Code Section 414(d), as now in effect or hereafter amended. Any modification
or amendment of the System may be made retroactively, if necessary or appropriate, to
qualify or maintain the System as a Plan meeting the requirements of the applicable
provisions of the Code as now in effect or hereafter amended, or any other applicable
provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted,
and the regulations issued thereunder.
4. Use of Forfeitures.
Forfeitures arising from terminations of service of Members shall serve only to reduce
future City contributions.
5. Prohibited Transactions.
Effective as of January 1. 1989. a Board mav not enaaae in a transaction prohibited bv
Code Section 503(b).
6. USERRA.
Effective December 12. 1994. notwithstanding anv other provision of this System.
contributions. benefits and service credit with respect to qualified military service are
governed bv Code Section 414(u) and the Uniformed Services Employment and
Reemployment Rights Act of 1994. as amended. To the extent that the definition of
"Credited Service" sets forth contribution reauirements that are more favorable to the
Member than the minimum compliance reauirements. the more favorable provisions shall
apply.
7. Vesting.
A. Member will be 100% vested in all benefits upon attainment of the Plan's aae and
service reauirements for the Plan's normal retirement benefit: and,
B. A Member will be 100% vested in all accrued benefits. to the extent funded. if the,
Plan is terminated or experiences a complete discontinuance of employer
contributions.
8. Electronic Forms.
In those circumstances where a written election or consent is not reauired bv the Plan or
the Code. an oral. electronic. or telephonic form in lieu of or in addition to a written form,
mav be prescribed bv the Board. However. where applicable. the Board shall comply with
Treas. Rea. 1.401(a) -21.
SECTION 17. REPEAL OR TERMINATION OF SYSTEM.
1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining
to said System and Fund, may be modified, terminated, or amended, in whole or in part;
provided that if this or any subsequent ordinance shall be amended or repealed in its
application to any person benefitting hereunder, the amount of benefits which at the time
of any such alteration, amendment, or repeal shall have accrued to the Member or
Ordinance No. 1053 Page 32 of 49
Beneficiary shall not be affected thereby,
mar be
2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if
there is a transfer, merger or consolidation of government units, services or functions as
provided in Chapter 121, Florida Statutes, the Board shall continue to administer the
System in accordance with the provisions of this ordinance, for the sole benefit of the then
Members, any Beneficiaries then receiving retirement allowances, and any future persons
entitled to receive benefits under one of the options provided for in this ordinance who are
designated by any of said Members. In the event of repeal, discontinuance of
contributions, or transfer merger or consolidation of government units, services or
functions, there shall be full vesting (100 of benefits accrued to date of repeal and the
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such benefits shall be nonforfeitable,.
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Ordinance No. 1053 Page 33 of 49
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3. The fund shall be distributed in accordance with the followina procedures:
Ordinance No. 1053 Page 34 of 49
A. The Board shall determine the date of distribution and the asset value required to
fund all the nonforfeitable benefits after taking into account the expenses of such
distribution. The Board shall inform the City if additional assets are required. in
which event the City shall continue to financially support the Plan until all
nonforfeitable benefits have been funded.
B. The Board shall determine the method of distribution of the asset value. whether
distribution shall be by payment in cash. by the maintenance of another or
substituted trust fund, by the purchase of insured annuities, or otherwise, for each,
General Employee entitled to benefits under the plan as specified in subsection C.,
C. The Board shall distribute the asset value as of the date of termination in the
manner set forth in this subsection, on the basis that the amount reauired to provide
any aiven retirement income is the actuarially computed single -sum value of such
retirement income. except that if the method of distribution determined under
subsection B. involves the purchase of an insured annuity, the amount required to
Provide the aiven retirement income is the single premium payable for such annuity.
The actuarial single -sum value may not be Tess than the General Employee's
Accumulated Contributions to the Plan. with interest if provided by the Plan. less the
value of any plan benefits previously paid to the General Employee.,
D. If there is asset value remaining after the full distribution specified in subsection C.,
and after the payment of any expenses incurred with such distribution. such excess,
shall be returned to the City.
E. The Board shall distribute, in accordance with subsection B., the amounts
determined under subsection C.
SECTION 18. 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
Ordinance No. 1053 Page 35 of 49
through the City, to pay the certified bargaining agent of the City, and to make any
payments for child support or alimony.
3. Exemption from Execution. Non Assignability.
Except as otherwiise 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 herebly 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 19. PENSION VALIDITY.
The Board shall have the power to examine into the facts upon which any pension shall
heretofore have been granted under any prior or existing law, or shall hereafter be granted
or obtained erroneously, fraudulently or illegally for any reason. The Board is empowered
to purge the pension rolls or correct the pension amount of any person heretofore granted
a pension under prior or e xisting law or any person hereafter granted a pension under this
ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and
to reclassify any person who has heretofore under any prior or existing law been or who
shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any
overpayments or underpayments shall be corrected and paid or repaid in a reasonable
manner determined by the Board.
SECTION 20. FORFEITURE OF PENSION.
1. Any Member who is convicted of the following offenses committed prior to retirement, or
whose employment is terminated by reason of his admitted commission, aid or abetment
of the following specified offenses, shall forfeit all rights and benefits under this System,
except for the return of his Accumulated Contributions, but without interest, as of the date
of termination. Specified offenses are as follows:
A. The committing, aiding or abetting of an embezzlement of public funds;
B. The committing, aiding or abetting of any theft by a public officer or employee from
employer;
C. Bribery in connection with the employment of a public officer or employee;
D. Any felony specified in Chapter 838, Florida Statutes:
E. The committing of an impeachable offensei
F. The committing of any felony by a public officer or employee who willfully and with
intent to defraud the public or the public agency, for which he acts or in which he is
employed, of the right to receive the faithful performance of his duty as a public
officer or employee, realizes or obtains or attempts to obtain a profit, gain, or
advantage for himself or for some other person through the use or attempted use
Ordinance No. 1053 Page 36 of 49
of the power, rights, privileges, duties or position of his public office or employment
position; or
G. The committina on or after October 1, 2008, of anv felony defined in Section
800.04. Florida Statutes. aaainst a victim vounaer than sixteen (16) years of aae.
or anv felony defined in Chapter 794, Florida Statutes, against a victim vounaer than
eiahteen (18) years of age, by a public officer or employee throuah the use or
attempted use of power. riahts, privileges, duties, or position of his or her public
office or employment position.
2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction;
a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is
withheld and the accused is placed on probation; or a conviction by the Senate of an
impeachable offense.
3. Court shall be defined as any state or federal court of competent jurisdiction which is
exercising its jurisdiction to consider a proceeding involving the alleged commission of a
specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall
be given to the Member whose benefits are being considered for forfeiture. Said Member
shall be afforded the right to have an attorney present. No formal rules of evidence shall
apply, but the Member shall be afforded a full opportunity to present his case against
forfeiture.
4. Any Member who has received benefits from the System in excess of his Accumulated
Contributions after Member's rights were forfeited shall be required to pay back to the Fund
the amount of the benefits received in excess of his Accumulated Contributions, but
without interest. The Board may implement all legal action necessary to recover such
funds.
SECTION 21. INDEMNIFICATION.
1. To the extent not covered by insurance contracts in force from time to time, the City
shall indemnify, defend and hold harmless members of the Board from all personal
liability for damages and costs, including court costs and attorneys' fees, arising out
of claims, suits, litigation, or threat of same, herein referred to as "claims against
these individuals because of acts or circumstances connected with or arising out of
their official duty as members of the Board. The City reserves the right, in its sole
discretion, to settle or not settle the claim at any time, and to appeal or to not appeal
from any adverse judgment or ruling, and in either event will indemnify, defend and
hold harmless any members of the Board from the judgment, execution, or levy
thereon.
2. This Section shall not be construed so as to relieve any insurance company or other
entity liable to defend the claim or liable for payment of the judgment or claim, from
any liability, nor does this Section waive any provision of law affording the City
immunity from any suit in whole or part, or waive any other substantive or
procedural rights the City may have.
Ordinance No. 1053 Page 37 of 49
3. This Section shall not apply nor shall the City be responsible in any manner to
defend or pay for claims arising out of acts or omissions of members of the Board
which constitute felonies or gross malfeasance or gross misfeasance in office.
SECTION 22. TRANSFERS WITHIN THE CITY.
If a member of any of the City's three retirement systems transfers to either of the other two
systems, he must choose one of the following procedures with regard to Credited Service accrued
to date of transfer.
1. The Member may take a refund of his Accumulated Contributions, in which event no
pension benefit shall be payable based on Credited Service attributable to the period
covered.
2. The member may leave his Accumulated Contributions in the fund in which event his
Credited Service with both systems shall be combined for purposes of determining
eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he
shall receive benefits from both systems, which shall consist of accrued benefits under
each system based on the provisions of the respective system and the earnings and
Credited Service under that system.
SECTION 23. MILITARY SERVICE PRIOR TO EMPLOYMENT.
The years or fractional parts of years that a General Employee serves or has served on active
duty in the active military service of the Armed Forces of the United States, the United States
Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under
honorable conditions, prior to first and initial employment with the City 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 the System for the years or fractional parts of
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.
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 four (4) years.
5. Credited Service purchased pursuant to this section shall not count toward vesting.
Ordinance No. 1053 Page 38 of 49
SECTION 24. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS,
ELIMINATION OF MANDATORY DISTRIBUTIONS.
1. Rollover Distributions.
A. General. This Section applies to distributions made on or after January 1, 2002.
Notwithstanding any provision of the plan to the contrary that would otherwise limit
a distributee's election under this Section, a distributee 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 distributee in
a direct rollover.
B. Definitions.
(1) Eligible Rollover Distribution: An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: any distribution
that is one of a series of substantially equal periodic payments (not Tess
frequently than annually) made for the life (or life expectancy) of the
distributee or the joint lives (or joint life expectancies) of the distributee and
the distributee's designated Beneficiary, or for a specified period of ten years
or more; any distribution to the extent such distribution is required under
section 401(a)(9) of the Code; and the portion of any distribution that is not
includible in gross income. Any Effective January 1. 2002, any portion of any
distribution which would be includible in gross income as after -tax employee
contributions will be an eligible rollover distribution if the distribution is made
to an individual retirement account described in section 408(a)i to an
individual retirement annuity described in section 408(b)i err to a qualified
defined contribution plan described in section 401(a) or 403(a) that agrees
to separately account for amounts so transferred (and earninas thereon),
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
includible: or on or after January 1. 2007. to a qualified defined benefit plan
described in Code Section 401(a) or to an annuity contract described in
Code Section 403(b). that aarees to separately account for amounts so
transferred (and earnings thereon), including separately accounting for the
Portion of the distribution that is includible in cross income and the portion of
the distribution that is not so includible.
(2) Eligible Retirement Plan: An eligible retirement plan is an individual
retirement account described in section 408(a) of the Codei an individual
retirement annuity described in section 408(b) of the Code:, an annuity plan
described in section 403(a) of the Code. effective January 1. 2002, an
eligible deferred compensation plan described in section 457(b) of the Code
which is maintained by an eligible employer described in section 457(e)(1)(A)
of the Code and which agrees to separately account for amounts transferred
into such plan from this plan: effective January 1. 2002, an annuity contract
described in section 403(b) of the Codei Of a qualified trust described in
section 401(a) of the Code: or effective January 1. 2008. a Roth IRA
described in Section 408A of the Code, that accepts the distributee's eligible
Ordinance No. 1053 Page 39 of 49
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. tft
addition, It also includes the employee's or former employee's surviving
Spouse and the
employee's or former employee's spouse or former spouse. Effective
January 1. 2007. it further includes a nonsoouse beneficiary who is a
desianated beneficiary as defined by Code Section 401(a)(9)(E). However.
a nonspouse beneficiary may rollover the distribution only to an individual
retirement account or individual retirement annuity established for the
purpose of receiving the distribution and the account or annuity will be
treated as an "inherited" individual retirement account or annuity.
(4) Direct Rollover: A direct rollover is a payment by the plan to the eligible
retirement plan specified by the distributee.
2. Rollovers or Transfers into the Fund.
On or after January 1, 2002, the System will accept, solely for the purpose of purchasing
Credited Service as provided herein, permissible Member requested transfers of funds
from other retirement or pension plans, Member rollover cash contributions and /or direct
cash rollovers of distributions made on or after January 1, 2002, as follows:
A. Transfers and 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 Code, from an annuity contract
described in section 403(b) of the Code or from an eligible plan under section
457(b) of the Code which is maintained by a state, political subdivision of a state,
or any agency or instrumentality of a state or political subdivision of a state. The
System will also accept legally permissible Member requested transfers of funds
from other retirement or pension plans.
B. Member Rollover Contributions from IRAs. The system 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 Code that is eligible
to be rolled over: ••i..:
3. Elimination of Mandatory Distributions,. Notwithstanding any other provision herein to the
contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from
the Plan not otherwise required by law, for an amount in excess of one thousand dollars
($1,000.00), such distribution shall be made from the Plan only upon written request of the
Member and completion by the Member of a written election on forms designated by the
Board, to either receive a cash lump sum or to rollover the lump sum amount.
SECTION 25. REEMPLOYMENT AFTER RETIREMENT
1. Any Retiree who is retired under this System, except for disability retirement as previously
provided for, may be reemployed by any public or private employer, except the City, and
Ordinance No. 1053 Page 40 of 49
may receive compensation from that employment without limiting or restricting in any way
the retirement benefits payable under this System. Reemployment by the City shall be
subject to the limitations set forth in this Section.
2. After Normal Retirement. Any Retiree who is retired under normal retirement pursuant to
this System and who is reemployed as a General Employee after that Retirement and, by
virtue of that reemployment, is eligible to participate in this System, shall upon being
reemployed continue receipt of benefits. Upon reemployment, the Retiree shall be
deemed to be fully vested and the additional Credited Service accrued during the
subsequent employment period shall be used in computing a second benefit amount
attributable to the subsequent employment period, which benefit amount shall be added
to the benefit determined upon the initial retirement to determine the total benefit payable
upon final Retirement. Calculations of benefits upon Retirement shall be based upon the
benefit accrual rate, Average Final Compensation, and Credited Service as of that date
and the retirement benefit amount for any subsequent employment period shall be based
upon the benefit accrual rate, Average Final Compensation (based only on the subsequent
employment period and not including any period of DROP participation), and Credited
Service as of the date of subsequent retirement The amount of any death or disability
benefit received as a result of a subsequent period of employment shall be reduced by the
amount of accrued benefit eligible to be paid for a prior period of employment. The
optional form of benefit and any joint pensioner selected upon initial retirement shall not
be subject to change upon subsequent retirement except as otherwise provided herein, but
the Member may select a different optional form and joint pensioner applicable to the
subsequent retirement benefit.
3. Any Retiree who is retired under normal retirement pursuant to this System and who is
reemployed by the City after that Retirement and, by virtue of that reemployment is
ineligible to participate in this System, shall, during the period of such reemployment,
continue to receive retirement benefits previously earned. Former DROP participants shall
begin receipt of benefits under these circumstances.
4. After Early Retirement. Any Retiree who is retired under early retirement pursuant to this
System and who subsequently becomes an employee of the City in any capacity, shall
discontinue receipt of benefits from the System until the earlier of termination of
employment or such time as the reemployed Retiree reaches the date that he would have
been eligible for normal retirement under this System had he continued employment and
not elected early retirement. "Normal retirement" as used in this subsection shall be the
current normal retirement date provided for under this System. A Retiree who returns to
work under the provisions of this Section shall not be eligible for membership in the
System, and, therefore, shall not accumulate additional Credited Service for subsequent
periods of employment described in this Section, shall not be required to make
contributions to the System, nor shall he be eligible for any other benefit other than the
Retiree's early retirement benefit when he again becomes eligible as provided herein.
Retirement pursuant to an early retirement incentive program shall be deemed early
retirement for purposes of this Section if the Member was permitted to retire prior to the
customary retirement date provided for in the System at the time of retirement.
Ordinance No. 1053 Page 41 of 49
5. Reemployment of Terminated Vested Persons. Reemployed terminated vested persons
shall not be subject to the provisions of this Section until such time as they begin to actually
receive benefits. Upon receipt of benefits, terminated vested persons shall be treated a
normal or early Retirees for purposes of applying the provisions of this Section and them
status as an early or normal Retiree shall be determined by the date they elect to begin to
receive their benefit.
6. DROP Participants. Members or retirees who are or were in the Deferred Retirement
Option Plan shall, following termination of employment after DROP participation, have the
options provided for in this section for reemployment.
SECTION 26. ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY
Effective September 29, 1995, the Okeechobee Utility Authority shall adopt this City of
Okeechobee and Okeechobee Utility Authority Employees' Retirement System, by Resolution,
to provide benefits to full time employees of the Okeechobee Utility Authority. For purposes of
determining benefits under this system, employment by the Okeechobee Utility Authority shall be
treated in the same manner as, and have the same effect as, employment by the City of
Okeechobee, and there shall be no lapse in plan membership or Credited Service due to transfers
of employment between the Okeechobee Utility Authority and the City of Okeechobee. Where
reference is made elsewhere in this document to "the City," such reference shall be deemed to
include the Okeechobee Utility Authority, unless clearly indicated otherwise by context.
SECTION 27. PRIOR GOVERNMENT SERVICE.
Unless otherwise prohibited by law, the years or fractional parts of years that a general employee
who was previously a member, but who terminated employment and is not otherwise entitled to
credited service for such previous period of employment as a general employee, or the years or
fractional parts of years that a member previously served as an employee for any governmental
agency in the United States, including but not limited to federal, state or local government service,
and for which he does not otherwise qualify for and receive credit under this system, 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 the System for the years or fractional parts of
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.
3. Payment by the member of the required amount shall be made within six (6) months of his
or her request for credit, but, in any event, prior to Retirement, and shall be made in one
lump sum payment upon receipt of which Credited Service shall be given.
Ordinance No. 1053 Page 42 of 49
4. There shall be no maximum purchase of Credited Service pursuant to this Section and
Credited Service purchased shall count for all purposes including vesting.
5. In no event, however, may Credited Service be purchased pursuant to this Section for prior
service with any other governmental agency, if such prior service forms or will form the
basis of a retirement benefit or pension from another retirement system or plan as set forth
in Section 14, subsection 8-43 11.B.
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
1. Definitions.
As used in this Section 28, the following definitions apply:
A. "DROP" The City of Okeechobee General Employees' Deferred Retirement
Option Plan.
B. "DROP Account" The account established for each DROP participant under
subsection 3.
2. Participation.
A. Eliaibilitv to Participate.
In lieu of terminating his employment as a General Employee, any Member who is
eligible for normal retirement under the System may elect to defer receipt of such
service retirement pension and to .participate in the DROP.
B. Election to Participate.
A Member's election to participate in the DROP must be made in writing in a time
and manner determined by the Board and shall be effective on the first day of the
first calendar month which is at least fifteen (15) business days after it is received
by the Board.
C. Period of Participation.
A Member who elects to participate in the DROP under subsection 2.B., shall
participate in the DROP for a period not to exceed sixty (60) months beginning at
the time his election to participate in the DROP first becomes effective. An election
to participate in the DROP shall constitute an irrevocable election to resign from the
service of the City not later than the date provided for in the previous sentence. A
Member may participate only once.
D. Termination of Participation.
(1) A Member's participation in the DROP shall cease at the earlier of:
(a) the end of his permissible period of participation in the DROP as
determined under subsection 2.C.; or
(b) termination of his employment as a General Employee.
Ordinance No. 1053 Page 43 of 49
(2) Upon the Member's termination of participation in the DROP, pursuant to
subsection (a) above, all amounts provided for in subsection 3.B., including
monthly benefits and investment earnings and losses or interest, shall cease
to be transferred from the System to his DROP Account. Any amounts,
remaining in his DROP Account shall be paid to him in accordance with the
provisions of subsection 4. when he terminates his employment as a General
Employee.
(3) A Member who terminates his participation in the DROP under this
subsection 2.D. shall not be permitted to again become a participant in the
DROP.
E. Effect of DROP Participation on the System.
(1) A Member's Credited Service and his accrued benefit under the System shall
be determined on the date his election to participate in the DROP first
becomes effective. The Member shall not accrue any additional Credited
Service or any additional benefits under the System (except for any
additional benefits provided under any cost -of- living adjustment for Retirees
in the System) while he is a participant in the DROP. After a Member
commences participation, he shall not be permitted to again contribute to the
System nor shall he be eligible for disability or pre- retirement death benefits,
except as provided for in Section 25, Reemployment After Retirement.
(2) No amounts shall be paid to a Member from the System while the Member
is a participant in the DROP. Unless otherwise specified in the System, if a
Member's participation in the DROP is terminated other than by terminating
his employment as a General Employee, no amounts shall be paid to him
from the System until he terminates his employment as a General Employee.
Unless otherwise specified in the System, amounts transferred from the
System to the Member's DROP Account shall be paid directly to the Member
only on the termination of his employment as a General Employee.
3. Funding.
A. Establishment of DROP Account.
A DROP Account shall be established for each Member participating in the DROP.
A Member's DROP Account shall consist of amounts transferred to the DROP under
subsection 3.B., and earnings or interest on those amounts.
B. Transfers From Retirement System.
(1) As of the first day of each month of a Member's period of participation in the
DROP, the monthly retirement benefit he would have received under the
System had he terminated his employment as a General Employee and
elected to receive monthly benefit payments thereunder shall be transferred
to his DROP Account, except as otherwise provided for in subsection 2.D.(2).
A Member's period of participation in the DROP shall be determined in
accordance with the provisions of subsections 2.C. and 2.D., but in no event
Ordinance No. 1053 Page 44 of 49
shall it continue past the date he terminates his employment as a General
Employee.
(2) Except as otherwise provided in subsection 2.D.(2), a Member's DROP
Account under this subsection 3.B. shall be debited or credited after each
fiscal year quarter with either:
(a) Interest at an effective rate of six and one -half percent (6.5 per
annum compounded monthly on the prior month's ending balance; or
(b) Earnings, determined as follows:
The average daily balance in a Member's DROP Account shall be
credited or debited at a rate equal to the net investment return
realized by the System for that quarter. "Net investment return" for
the purpose of this paragraph is the total return of the assets in which
the Member's DROP Account is invested by the Board net of
brokerage commissions, transaction costs and management fees.
Upon electing participation in the DROP, the Member shall elect to
receive either interest or earnings on his account to be determined as
provided above. The Member may, in writing, elect to change his
election only once during his DROP participation. An election to
change must be made prior to the end of a quarter and shall be
effective beginning the following quarter.
(3) A Member's DROP Account shall only be credited or debited with earnings
or interest and monthly benefits while the Member is a participant in the
DROP. A Member's final DROP account value for distribution to the Member
upon termination of participation in the DROP shall be the value of the
account at the end of the quarter immediately preceding termination of
participation plus any monthly periodic additions made to the DROP account
subsequent to the end of the previous quarter and prior to distribution. If a
Member fails to terminate employment after participating in the DROP for the
permissible period of DROP participation, then beginning with the Member's
1st month of employment following the last month of the permissible period
of DROP participation, the Member's DROP Account will no longer be
credited or debited with earnings or interest, nor will monthly benefits be
transferred to the DROP account. All such non transferred amounts shall be
forfeited and continue to be forfeited while the Member is employed by the
City, and no cost -of- living adjustments shall be applied to the Member's
credit during such period of continued employment. A Member employed by
the City after the permissible period of DROP participation will be eligible for
pre- retirement death and disability benefits, and will accrue additional
Credited Service, only as provided for in Section 25.
4. Distribution of DROP Accounts on Termination of Employment.
A. Eliaibilitv for Benefits.
Ordinance No. 1053 Page 45 of 49
A Member shall receive the balance in his DROP Account in accordance with the
provisions of this subsection 4. upon his termination of employment as a General
Employee. Except as provided in subsection 4.E., no amounts shall be paid to a
Member from the DROP prior to his termination of employment as a General
Employee.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP Account shall
be made in a lump sum, subject to the direct rollover provisions set forth in
subsection 4.F. yr e r,
tion -bet well rp trrehase
i i i i i rriber- -areieet-
Elections under this paragraph shall be in writing and shall be made in such
time or manner as the Board shall determine.
(2) If a Member dies before his benefit is paid, his DROP Account shall be paid
to his Beneficiary in such optional form as his Beneficiary may select. If no
Beneficiary designation is made, the DROP Account shall be distributed to
the Member's estate.
C. Date of Payment of Distribution,.
Except as otherwise provided in this subsection 4., distribution of a Member's DROP
Account shall be made as soon as administratively practicable following the
Member's termination of employment. Distribution of the amount in a Member's
DROP account will not be made unless the Member completes a written request for
distribution and a written election, on forms designated by the Board, to either
receive a cash lump sum or a rollover of the lump sum amount.
D. Proof of Death and Right of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such evidence of the
right of any Beneficiary or other person to receive the value of a deceased
Member's DROP Account as the Board may deem proper and its determination of
the right of that Beneficiary or other person to receive payment shall be conclusive.
E. Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all distributions from the
DROP shall conform to the "Minimum Distribution Of Benefits" provisions as
provided for herein.
F. Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1, 2002.
Notwithstanding any provision of the DROP to the contrary, a distributee may elect
to have any portion of an eligible rollover distribution paid in a direct rollover as
otherwise provided under the System in Section 24.
5. Administration of DROP.
A. Board Administers the DROP.
Ordinance No. 1053 Page 46 of 49
The general administration of the DROP, the responsibility for carrying out the
provisions of the DROP and the responsibility of overseeing the investment of the
DROP's assets shall be placed in the Board. The members of the Board may
appoint from their number such subcommittees with such powers as they shall
determine; may adopt such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more of their number
or any agent to execute or deliver any instrument or make any payment on their
behalf; may retain counsel, employ agents and provide for such clerical, accounting,
actuarial and consulting services as they may require in carrying out the provisions
of the DROP; and may allocate among themselves or delegate to other persons all
or such portion of their duties under the DROP, other than those granted to them
as Trustee under any trust agreement adopted for use in implementing the DROP,
as they, in their sole discretion, shall decide. A Trustee shall not vote on any
question relating exclusively to himself.
B. Individual Accounts. Records and Reports.
The Board shall maintain records showing the operation and condition of the DROP,
including records showing the individual balances in each Member's DROP
Account, and the Board shall keep in convenient form such data as may be
necessary for the valuation of the assets and liabilities of the DROP. The Board
shall prepare and distribute to Members participating in the DROP and other
individuals or file with the appropriate governmental agencies, as the case may be,
all necessary descriptions, reports, information returns, and data required to be
distributed or filed for the DROP pursuant to the Code and any other applicable
laws.
C. Establishment of Rules.
Subject to the limitations of the DROP, the Board from time to time shall establish
rules for the administration of the DROP and the transaction of its business. The
Board shall have discretionary authority to construe and interpret the DROP
(including but not limited to determination of an individual's eligibility for DROP
participation, the right and amount of any benefit payable under the DROP and the
date on which any individual ceases to be a participant in the DROP). The
determination of the Board as to the interpretation of the DROP or its determination
of any disputed questions shall be conclusive and final to the extent permitted by
applicable law.
D. Limitation of Liability.
(1) The Trustees shall not incur any liability individually or on behalf of any other
individuals for any act or failure to act, made in good faith in relation to the
DROP or the funds of the DROP.
(2) Neither the Board nor any Trustee of the Board shall be responsible for any
1111 reports furnished by any expert retained or employed by the Board, but they
shall be entitled to rely thereon as well as on certificates furnished by an
accountant or an actuary, and on all opinions of counsel. The Board shall
be fully protected with respect to any action taken or suffered by it in good
Ordinance No. 1053 Page 47 of 49
faith in reliance upon such expert, accountant, actuary or counsel, and all
actions taken or suffered in such reliance shall be conclusive upon any
person with any interest in the DROP.
6. General Provisions.
A. Amendment of DROP.
The DROP may be amended by an ordinance of the City at any time and from time
to time, and retroactively if deemed necessary or appropriate, to amend in whole or
in part any or all of the provisions of the DROP. However, except as otherwise
provided by law, no amendment shall make it possible for any part of the DROP's
funds to be used for, or diverted to, purposes other than for the exclusive benefit of
persons entitled to benefits under the DROP. No amendment shall be made which
has the effect of decreasing the balance of the DROP Account of any Member.
B. Facility of Payment.
If a Member or other person entitled to a benefit under the DROP is unable to care
for his affairs because of illness or accident or is a minor, the Board shall direct that
any benefit due him shall be made only to a duly appointed legal representative.
Any payment so made shall be a complete discharge of the liabilities of the DROP
for that benefit.
C. Information.
Each Member, Beneficiary or other person entitled to a benefit, before any benefit
shall be payable to him or on his account under the DROP, shall file with the Board
the information that it shall require to establish his rights and benefits under the
DROP,
D. Prevention of Escheat.
If the Board cannot ascertain the whereabouts of any person to whom a payment
is due under the DROP, the Board may, no earlier than three (3) years from the
date such payment is due, mail a notice of such due and owing payment to the last
known address of such person, as shown on the records of the Board or the City.
If such person has not made written claim therefor within three (3) months of the
date of the mailing, the Board may, if it so elects and upon receiving advice from
counsel to the System, direct that such payment and all remaining payments
otherwise due such person be canceled on the records of the System. Upon such
cancellation, the System shall have no further liability therefor except that, in the
event such person or his Beneficiary later notifies the Board of his whereabouts and
requests the payment or payments due to him under the DROP, the amount so
applied shall be paid to him in accordance with the provisions of the DROP.
E. Written Elections. Notification.
(1) Any elections, notifications or designations made by a Member pursuant to
the provisions of the DROP shall be made in writing and filed with the Board
in a time and manner determined by the Board under rules uniformly
applicable to all employees similarly situated. The Board reserves the right
to change from time to time the manner for making notifications, elections or
Ordinance No. 1053 Page 48 of 49
designations by Members under the DROP if it determines after due
deliberation that such action is justified in that it improves the administration
of the DROP. In the event of a conflict between the provisions for making an
election, notification or designation set forth in the DROP and such new
administrative procedures, those new administrative procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account shall be responsible for
furnishing the Board with his current address and any subsequent changes
in his address. Any notice required to be given to a Member or Retiree
hereunder shall be deemed given if directed to him at the last such address
given to the Board and mailed by registered or certified United States mail.
If any check mailed by registered or certified United States mail to such
address is returned, mailing of checks will be suspended until such time as
the Member or Retiree notifies the Board of his address.
F. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid only from the assets
of the Member's DROP Account and neither the City nor the Board shall have any
duty or liability to furnish the DROP with any funds, securities or other assets except
to the extent required by any applicable law.
G. Construction.
(1) The DROP shall be construed, regulated and administered under the laws
of Florida, except where other applicable law controls.
(2) The titles and headings of the subsections in this Section 28 are for
convenience only. In the case of ambiguity or inconsistency, the text rather
than the titles or headings shall control.
H. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP participants from the
application of any forfeiture provisions applicable to the System. DROP participants
shall be subject to forfeiture of all retirement benefits, including DROP benefits.
Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment and DROP participants
shall be subject to the same employment standards and policies that are applicable
to employees who are not DROP participants.
Ordinance No. 1053 Page 49 of 49