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1284, Pension_General EmployeesORDINANCE NO. 1284 • AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES' RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, General Employees are presently provided pension and certain other benefits under the Ordinances of the City of Okeechobee, Florida; 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; and WHEREAS, the Board of Trustees of the City of Okeechobee General Employees' Retirement System has requested an addition to the Plan's Optional Forms of Benefits provision in the event a designated survivor annuitant pre-deceases the Plan participant; and WHEREAS, an amendment to the Plan Summary is necessary to permit such new conditions; and WHEREAS, the Board of Trustees of the City of Okeechobee General Employees' Retirement System have requested and approved such an amendment as being in the best interests of the participants and beneficiaries and improves the administration of the Plan; and WHEREAS, an actuarial impact statement has been conducted describing the actuarial impact of the amendment provided herein; and WHEREAS, for the purposes of this Ordinance, underlined type shall denote additions to and strike thrn�h shall denote deletions from the original text. NOW THEREFORE, be it ordained before the City Council of 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: that SECTION 1: The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. SECTION 2: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No.1141, is hereby further amended by amending Section 10, Optional Forms of Benefits, subsection 10.1 by adding an additional optional form of benefit as sub -subsection E,, Joint and Survivor with pop-up option, as follows: 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: E. Joint and Survivor with pop-up option: 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 percent, 75 percent, 66-2/3 percent, or 50 percent of such monthly amount payable to a joint pensioner for his lifetime. Should the joint pensioner pre -decease the participant after the participant's benefit payments have commenced, then the participant's benefit shall revert to the straight -life annuity retirement benefit as of the date of death of the joint pensioner. SECTION 3: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No.1141, is hereby further amended by amending Section 10, Optional Forms of Benefits, Subsection 2 as follows: Ordinance No. 1284, Page 1 of 3 If applicable, language to be added is underlined. If applicable, language to be deleted is skusktlueugh The Member, upon electing any option of this Section, will designate the joint pensioner (subsection 1. A. or subsection 1.E, 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 the Member's retirement income benefits have commenced, the Member may thereafter change his designated Beneficiary at any time, but may only change his joint pensioner anl„ if the designated inint neneinner onrt the Member were married at the time ef Member's ret'remeRt and aFe divlamed subseq-tiRt theFete and the joint peRsiener is alive at the time of the GhaRge mice. Subject to the restriction in the previous sentence, a Member may substitute a new joint pensioner for a deceased joint pensioner. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. SECTION 4: That the City of Okeechobee General Employees' Retirement System, restated pursuant to Ordinance No.1141, is hereby further amended by amending Section 10, Optional Forms of Benefits, Subsection 4 as follows: Upon change of a Retiree's joint pensioner in accordance with this Section, the amount of he retirement income payable to the Retiree shall be actuarially Bete F redetermined to take into account the age and a of the former joint pensioner, the new joint pensioner and the Retiree and to ensure that the benefit paid is the Actuarial Equivalent of the present value of the Retiree's then - current benefit at the time of the change. 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. SECTION 5: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing City of Okeechobee General Employees Retirement System Plan Summary. SECTION 7: 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 8: That this Ordinance shall become effective upon adoption. INTRODUCED for First Reading and set for Final Public Hearing this 2^d day of January 2024. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: X Council MemberNice Mayor Clark: X Council Member Jarriel: X Council Member McAuley: X Mayor Watford: X Dowling R. Watford, Jr., ayor AT 7ST: Lane G_arNotea, City Clerk • Ordinance No. 1284, Page 2 of 3 If applicable, language to be added is underlined. If applicable, language to be deleted is skask through is • PASSED AND ADOPTED after Second Reading and Final Public Hearing on the 6th day of February 2024. Roll Call Vote: Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: ATTEST: i Lane G miotea, City Cl rk APPROV GAL S CY: ohn umero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Yes No Abstained Absent X X i Dowling R. Watford, Jr., Mayor X If applicable, language to be added is underlined. If applicable, language to be deleted is sNask through Ordinance No. 1284, Page 3 of 3