2019-08-06 Ex 05Law Offices
Christiansen &Dehner,P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota,Florida 34240 •941-377-2200 • Fax 941^377-4848
February 1,2019
Via Electronic Mail
Ms.Kyle Tintle
City of OkeechobeeGeneral Employees1 RetirementSystem
c/o Pension Resource Center
4360 Northlake Blvd.
Palm Beach Gardens,Florida 33410
Re: City of OkeechobeeGeneral Employees'RetirementSystem- Proposed Ordinance
Dear Kyle:
As previously discussed with the Board, enclosed please find a proposed ordinance
amending the City of Okeechobee General Employees1 Retirement System.With changes to the
Internal RevenueCode(IRC)andits associatedRegulations,as well as guidancefromthe Internal
Revenue Service (IRS) and recent litigation, the following amendmentsto the pension plan are
proposed:
1.Section 4,Finances and Fund Management,has been amended to allow the Board
the ability to invest in real estate.
2. Section 8,Disability, isbeing amended tomore clearly identifythose individuals who
maybe eligible to apply for a disability pension in the event that theyhave resigned
or their employment is terminated. This clarification does not change the way in
whichthisprovisionhasbeen appliedorinterpretedinthepast.Thischangeisbeing
madebecausethe currentlanguagehasbeen challengedinlitigationasbeingunclear
andhasresultedinunintended application ofthelanguage.Therecommended change
clarifies the language with no change in the intended application.
3.Section 16,Miscellaneous Provisions,is being amended to add subsection 9.,
Missing Benefit Recipients.This provision is in accordance with a recent IRS
Programs Compliance Memorandum that requires plans to have an approved method
for locating terminated individuals who are due benefits from the plan.
A proposed amendment to the Operating Rules and Procedures,outlining the
specifics of this procedure is also being provided for the Board's consideration.
Ms. Kyle Tintle
February 1, 2019
Page 2
4. Section 25, Reemployment After Retirement, is being amended to make several
changes as required by the Internal Revenue Code to satisfy the qualification
requirements applicable to the reemployment of a disability retiree. Additional
changes have been made to clarify reemployment after early retirement benefits.
5. Section 28, Deferred Retirement Option Plan, is being amended to remove subsection
6.H., Prevention of Escheat and re -number the remaining subsections. The
information contained in this subsection is being expanded in accordance with IRS
guidance and moved to the Miscellaneous Provisions Section of the Plan where it
will apply to all benefit recipients rather than just DROP recipients.
By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith and Company, I am
requesting that they provide you with a letter indicating that there is no cost associated with the
adoption of this ordinance.
Please provide copies of these documents to each member of the Board for review at the next
meeting.
Yours ve ly,
Scott R. Christiansen
SRC/ksh
enclosure
cc: Melissa Moscovitz, with enclosure
February 1, 2019
Ms. Kyle Tintle
Resource Centers, LLC
4360 Northlake Blvd
Suite 206
Palm Beach Gardens, Florida 33410
Re: City of Okeechobee General Employees’ Retirement System
Actuarial Impact Statement
Dear Kyle:
As requested by Scott R. Christensen, Esq., we have performed an actuarial review of the
proposed Ordinance (copy attached).
Based upon our review, the proposed Ordinance:
Amends the System to allow the Board the ability to invest in real estate.
Clarifies eligibility for disability benefits.
Amends the System to add a missing benefit recipient section to comply with the
Internal Revenue Code (IRC).
Amends reemployment after retirement to comply with the IRC.
Provides for codification.
Provides for severability.
Repeals all Ordinances or parts of Ordinances in conflict herewith.
Provides for an effective date.
In our opinion, based upon the actuarial assumptions and methods employed in the October
1, 2017 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our
understanding of State minimum funding requirements.
Please provide a signed copy of the Ordinance upon adoption for our records.
If you should have any question concerning the above, please do not hesitate to contact us.
Sincerest regards,
Lawrence F. Wilson, A.S.A.
Senior Consultant and Actuary
Enclosure
cc: Scott R. Christensen, Esq.
Ordinance No. 1189 - Page 1 of 4
Language to be added is underlined.
Language to be deleted is struck through.
ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF
OKEECHOBEE GENERAL EMPLOYEES’ RETIREMENT SYSTEM, RESTATED
PURSUANT TO ORDINANCE 1141, IS HEREBY AMENDED; AMENDING SECTION 4,
FINANCES AND FUND MANAGEMENT; AMENDING SECTION 8, DISABILITY;
AMENDING SECTION 16, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25,
REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee General employees are presently provided pension and certain other
benefits under Ordinances of the City of Okeechobee; and
WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate
certain provisions of the ordinance, or to enact amendments to comply w ith revised Federal
regulations.
NOW THEREFORE, be it ordained before the City Council of the Cit y 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 General Employees’ Retirement System, restated pursuant to
Ordinance No. 1141, is hereby amended by amending Section 4, Finances and Fund Management, adding
subsection 6.B.(5), to read as follows:
* * * * *
6. 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 Uni on 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 an agency of the
government of the United States.
(4) Stocks, commingled or mutual funds, bonds or other evidences of
indebtedness, provided 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
convertible securities at cost exceed sixty percent (60%) of the
assets of the Fund.
Ordinance No. 1189 - Page 2 of 4
Language to be added is underlined.
Language to be deleted is struck through.
(5) Real estate investments in an amount not to exceed at cost value ten percent
(10%) of the assets of the Fund. The Board may invest in real estate directly
or through an investment vehicle approved by the Board.
* * * * *
SECTION 2: That the City of Okeechobee General Employees’ Retirement System, restated pursuant to
Ordinance No. 1141, is hereby amended by amending Section 8, Disability, subsection 1., Disability Benefits
In-Line of Duty, to read as follows:
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 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 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. Notwithstanding the previous sentence, if a Member is
terminated by the City for medical reasons, the terminated person may apply for a disability benefit if the
application is filed with the Board within thirty (30) days from the date of termination. If a timely application is
received, it shall be processed and the terminated person shall be eligible to receive a disability benefit if the
Board otherwise determines that he is totally and permanently disabled as provided for above. Eligibility
requirements for disability benefits are set forth, below.
Eligibility for Disability Benefits.
Subject to subsection (4) below, only active Members of the System on the date the Board
determines entitlement to a disability benefit are eligible for disability benefits.
(1) Terminated persons, either vested or non-vested, are not eligible for disability
benefits.
(2) If a Member voluntarily terminates his employment, eit her before or after filing an
application for disability benefits, he is not eligible for disability benefits.
(3) If a Member is terminated by the City for any reason other than for medical reasons,
either before or after he files an application for disability benefits, he is not eligible for
disability benefits.
(4) The only exception to (1) above is:
a. If the Member is terminated by the City for medical reasons and he has
already applied for disability benefits before the medical termination, or;
b. If the Member is terminated by the City for medical reasons and he applies
within 30 days after the medical termination date.
If either (4)a., or (4)b. above applies, the Member's application will be processed and fully
considered by the Board.
* * * * *
SECTION 3: That the City of Okeechobee General Employees’ Retirement System, restated pursuant to
Ordinance No. 1141, is hereby amended by amending Section 16, Miscellaneous Provisions, adding
subsection 9., Missing Benefit Recipients, to read as follows:
* * * * *
9. Missing Benefit Recipients.
The System shall follow the procedures outlined in the IRS Employee Plans Compliance
Resolution System (EPCRS) Program and other applicable IRS guidance to locate any missing individ uals to
whom a full unreduced benefit payment is due and if, at the conclusion of such efforts, the individual cannot be
located, the existing procedure of cancelling payments otherwise due (provided that, if the individual is later
located, the benefits due shall be paid) will apply.
Ordinance No. 1189 - Page 3 of 4
Language to be added is underlined.
Language to be deleted is struck through.
SECTION 4: That the City of Okeechobee General Employees’ Retirement System, restated pursuant to
Ordinance No. 1141, is hereby amended by amending Section 25, Reemployment After Retirement,
subsections 1. and 4., to read as follows:
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 may receive
compensation from that employment without limiting or restricting in any way the retirement benefits payable
under this System. Notwithstanding the previous sentence, reemployment by the City shall be subject to the
limitations set forth in this Section.
* * * * *
4. After Early or Disability Retirement. Any Retiree who is retired under early or disability
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 age sixty-two (62). 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.
* * * * *
SECTION 5: That the City of Okeechobee General Employees’ Retirement System, restated pursuant to
Ordinance No. 1141, is hereby amended by amending Section 28, Deferred Retirement Option Plan, deleting
subsection 6.H. and renumbering the remaining subsections, to read as follows:
* * * * *
6. General Provisions.
* * * * *
H. 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 rec ords 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 DR OP, the amount so
applied shall be paid to him in accordance with the provisions of the DROP.
I H. 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
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 Uni ted 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.
Ordinance No. 1189 - Page 4 of 4
Language to be added is underlined.
Language to be deleted is struck through.
J I. 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.
KJ. 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.
LK. 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.
ML. 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.
SECTION 6: Specific authority is hereby granted to codify and incorporate this Ordinance in the existin g
Code of Ordinances of the City of Okeechobee.
SECTION 7: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 8: If any section, subsection, sentence, clause, phrase of this ordinance, or the particula r
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 9: That this Ordinance shall become effective upon adoption.
INTRODUCED on First Reading and set for Final Public Hearing this 16th day of July, 2019.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 6th day of August, 2019.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
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