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HomeMy WebLinkAbout06-20-17 AgendaCIFYOF SE�T�A1V HOME OF PELICAN ISLAND PUBLIC NOTICE — POLICE PENSION BOARD MEETING JUNE 20, 2017 The Police Pension Board will hold a regular quarter meeting Tuesday, June 20, 2017 at 10:00 a.m. in the City Council Chambers, City Hall,1225 Main St. Sebastian, Florida. Agenda CALL TO ORDER VOTE TO EXCUSE ABSENT BOARD MEMBER(S) "Lei a, (KKslu Y11OWN Y APPROVAL OF MINUTES: A. Regular Meeting March 21, 2017 A. Approval of Payments: a. Christiansen & Delmer (March) $ 2,034.29 b. Christiansen & Delmer (April) $ 2,638.44 c. Christiansen & Delmer (May) $ 551.10 d. Graystone Consulting $ 3,375.00 e. Salem Trust $ 1,635.00 B. Discussion of Glove Tax Claims C. Review of Annual Calendar of Board Activities D. Consider Ordinance for DROP, Cola and Buybacks NEW BUSINESS A. Report from Investment Monitor B. Report from Investment Manager C. Legal Updates D. Board Member Reports and Comments E. Next Quarterly Meeting: September 19, 2017 ADJOURN Chairperson Chairperson Chairperson Chairperson Chairperson Chairperson Ken Killgore, Board Member Ken Killgore, Board Member Charlie Multinger, Morgan Stanley Grant McMurry, Highland Capital Management (The Board Attorney is not expected to attend.) Chairperson Chairperson Please note: In accordance with Florida Statue 286.0105: any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with Florida Statute 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Administrative Services Department at 1225 Main Street, Sebastian, Florida 32958, or telephone 772-388-8205. II 7 Sebastian Police Pension Board Minutes March 21, 2017,10:00 a.m. Sebastian City Council Chambers TYPE OF MEETING: Regularly Scheduled ATTENDEES: Board Members: Robert Zomok, Secretary Richard Snell Ken Killgore EXCUSED: Steve Marcinik, Chair CONSULTANTS: David Wheeler, Morgan Stanley, Grant McMurry, ICC Capital Mgmt. (Portfolio Manager), H. Lee Dehner, Attorney, Doug Lozen, Actuary GUEST: Cindy Watson, Human Resources Director, City of Sebastian SUBJECT CALL TO ORDER Due to work scheduling conflicts, Steve Marcinik was unable to attend. Richard Snell moved that Richard Snell Chair the meeting. Bob Zomok seconded the motion and it passed unanimously. 10:00 a.m. There being a quorum present, Richard Snell, called the meeting to order. SUBJECT PUBLIC COMMENT None Draft Minutes 3/21/2017 2 SUBJECT APPROVAL OF MINUTES 10:05 a.m. Ken Killgore motioned the minutes of the Regular Meeting on December 13, 2016. Motion was seconded by Richard Snell and passed unanimously without change, for all meetings. SUBJECT OLD BUSINESS A. Approval of Payments a. Foster & Foster $119587.00 b. Christiansen & Dehner $ 29034.29 c. Highland Capital $ 44,745.46 d. ISU Jallad Insurance Services $ 3,021.05 e. Graystone Consulting $ 3,375.00 f. Christiansen & Delmer $ 29114.11 g. Salem Trust $19720.00 Richard Snell moved to approve the above expenditures. Bob Zomok seconded the motion and it passed unanimously. B. Year -to -Date Operating Expense for Year Ending Richard Snell moved and Ken Killgore seconded a motion to accept the Operating Expense report. C. Discussion of Globe Tax Claims (From 12/2016 meeting) This initiative may result in recouping a small amount of funds from foreign investments. Lee Delmer reminded the Board that this is usually a long process. Scott Owens will Follow up. David Wheeler and/or Scott Owens will follow up on this item. A representative from Global will attend the June 2017 meeting. Draft Minutes 3/21/2017 3 D. Review of Annual Calendar of Board Activities The review of the monthly items for each quarter will be a standing agenda item under Old Business. This item was covered in the 3/21/2017 meeting. E. Provide Direction to the Attorney to Draft Ordinance Changes Ken Killgore requested that a draft be prepared by Attorney Delmer within the next thirty (30) days. The draft will be an Agenda item for the June 2017 meeting and a copy will be sent to the Police Bargaining Association (PBA). Richard Snell moved to approve and Bob Zomok seconded the motion. It passed unanimously. F. Consideration of Agreement for Pension Administrative Assistant, Including Exhibit A Calendar of Activities and Scope of Services Final recommendations/changes were made. Richard Snell moved to approve the document as amended and Bob Zomok seconded the motion. It passed unanimously. G. Consideration of Updated Operating Rules (The draft of the updated Operating Rules prepared by Attorney Delmer was reviewed paragraph -by -paragraph using this draft and the one prepared by Ken Killgore. Lee Delmer will prepare a final draft to be reviewed by the Board at the next quarterly meeting. From the 12/2016 meeting) Ken Killgore moved to approve the final draft as amended and Richard Snell seconded the motion. It passed unanimously. SUBJECT NEW BUSINESS A. Review of Actuarial Report Doug Lozen reviewed the actuarial report. For this year, the required payment from the City of Sebastian will be 12.3%. For next year, the requirement will be 15.8%. Doug then detailed the reasons for the increase (found on page 7 of the report). They include the change dictated by the State requiring the use of their mortality tables, moving from an expected rate of return of 7.6% to 7.45%, Further details are located on pages 8 and 10 in the Draft Minutes 3/21/2017 0 report. Richard Snell moved to accept the Actuarial Report. The motion was seconded by Ken Killgore and passed unanimously. B. Report from Investment Monitor. David Wheeler provided an overview of the current economy and then reviewed the detailed report. The Fund performed positively for the last quarter and for calendar year 2016. C. Report from Investment Manager Grant McMurry reported that the Fund had an increase of 3.36% for the last quarter of 2016 and a 9.81% increase for calendar year 2016. D. Approval of Expected Rate of Return The Board reviewed the Plan Valuation and approved an expected rate of return of 7.45% as of 10/1/2016. Ken Killgore moved and Bob Zomok seconded the acceptance of the 7.45% rate of return and submit it to the State. The motion passed unanimously. E. Submission of Annual Report to the State Richard Snell moved to approve the completion of the Annual report and submission of the report to the State. Bob Zomok seconded the motion and it was approved unanimously. F. Request to Update the Summary Plan Description The Board agreed to wait until the revised Ordinance is approved by the Sebastian City Council and the update the SPD. This is an agenda item for the September 2017 regular meeting. G. Legal Updates Attorney Delmer noted the current State Legislature has nothing on its upcoming agenda that would affect Police Pension Plans. SB 306 is a current statute that requires Trustees to vote on each issue present to the Board except where an individual board member might receive a benefit from the issue presented. SB 332 requires Police Pension Boards to forecast expected rates of return for thirty (30) years into the future. This is a bill held over from the last session and is not expected to pass. Draft Minutes 3/21 /2017 H. Board Member Reports and Comments Bob Zomok submitted his resignation from the Sebastian Police Pension Board due to highly probable relocation. The Board members thanked Bob for his many years of service and contributions to the Sebastian Police Pension Board. I. Next Quarterly Meeting: June 20, 2017 SUBJECT ADJOURNMENT 12:20 PM. Having no further business for discussion, Richard Snell adjourned the meeting. Respectfully submitted, Bob Zomok, Secretary Sebastian Police Pension Board. Draft Minutes 3/21/2017 CITY OF SEBASTIAN POLICE OFFICERS' PENSION PLAN CALENDAR OF BOARD ACTIVITIES — Updated March 2017 JANUARY: No Board activity. FEBRUARY: No Board activity. MARCH: 1" Quarter Board Meeting: • Update and Review Calendar of Activities. • Request update of Summary Plan Description (every two years). • Investment Report and Performance Review. • Receive Annual Report to Division of Retirement. APRIL: No Board activity. MAY: No Board activity. JUNE: 2" Quarter Board Meeting: • Review Calendar of Board Activities. • Investment Report and Performance Review. • Select Board Chairperson and Secretary (every two years). • Approve and Distribute to Members the Summary Plan Description (if needed). JULY: Board Members should file Financial Disclosure forms by Julylst. AUGUST: Receive State premium tax monies. SEPTEMBER: • 3rd Quarter Board Meeting: • Agree on Quarterly Meeting dates for following year. • Review Calendar of Board Activities • Review Rate of Return Comparisons from Actuary. • Approve Election Process for Police Officer Members (if needed). • Select Board appointed Member and request City Council confirmation (if needed). • Investment Report and Performance Review. • Receive Report on Determination and Disclosure of Illiquid Assets/Securities. • Report on year-to-date expenses and approve budget for the next year. OCTOBER: No Board activity. NOVEMBER: No Board activity. DECEMBER: • 4`h Quarter Board Meeting: • Review Calendar of Board Activities. • Consider changes to Operating Rules (if needed). • Report on Actual Operating Expenses for the year. • Investment Report and Performance Review. • Update Investment Policy and Allocation Strategy. • Accept the Actuarial Report. • Approve Expected Rate of Return. • Confirm renewal of Liability Insurance Policy. Page i of 1 ORDINANCE NO. 0- AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 58-46, DEFINITIONS; AMENDING SECTION 58-48, BOARD OF TRUSTEES; AMENDING SECTION 58-50, CONTRIBUTIONS; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 58-55, OPTIONAL FORMS OF BENEFITS; ADDING SECTION 58-70.1, MILITARY SERVICE PRIOR TO EMPLOYMENT; ADDING SECTION 58-70.2, PRIORPOLICE SERVICE; ADDING SECTION 58-70.3, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 58-70.4, REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that; SECTION 1: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amendedby amending Section 58-46, Definitions, to amend the definition of "Retirement", to read as follows: Retirement means amember's separation from city employment with eligibility for immediate receipt of benefits under the system (or entry into the Deferred Retirement Option Plan). SECTION 2: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending Section 58-48, Board of trustees, subsection (a), to read as follows: See. 58-48. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this ordinance is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Sebastian City Council, and two (2) of whom shall be members of the system, who shall be elected by a majority of the police officers who are members of the system. The fifth trustee shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Sebastian City Council. Upon receipt of the fifth person's name, the Sebastian City Council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four (4) year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Sebastian City Council at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4) years, unless he -1- sooner leaves the employment of the city as apolice officer or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed himself in office. DROP narticinants can be elected as but not 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. SECTION 3: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending Section 58-50, Contributions, subsection (a) Member contributions, to read as follows: (a) Member contributions (1) Amount.EbJ... al., 'd isimtirnis to the ftmd in the f L., Effective on the date of the adontion ofthe ordinance adopting this Wdreg� n- '^--^T—each member of the system, 1:...4 r.i�. t /JJJ . 1, shteall be required to make regular contributions to the fund in the amount of eight percent (8%) of his salary. Police officer 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. SECTION 4: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending Section 58-51, Benefit amounts and eligibility, subsection (b) Normal retirement benefit and adding subsection (f) Cost -of -Living Adjustment, to read as follows: (b) Normal retirement benefit. M The amount of the monthly retirement income payable to a member hired prior to October 1, 2011 who retires sabsequent to May 31, 2002 and on or after his normal retirement date shall be an amount equal to the number of the members years of credited service multiplied by three (3) percent of his average final compensation. 3dotwitl. 4.. l: s &- r.� �u7rtg sentence, f For members hired on or after At.:1 11, ZH-2 October 1, 2011. the amount of the monthly retirement income payable to a member who retires on or after his normal retirement date shall be an amount equal to the number of d.,, years of credited service multiplied by two (2) percent of his average final compensation for the v ars ppf c}'g tod service evinnin oy or after April 11, 2012 and endit� . October 1, 2U l and three 3 gercenl of average final comoeps tion for all credited service before Ap(1 1, 2012 and after October -2- (f) Cost -of Living Adiustment. F re retirees with a minimum of fifteen J15) years of credited service shall receive a one Percent (?/o akmax o$ of -living ad'ustment b� nning on the first October 1 following the attainment of age fifty-ei t 158). The COLA is applicable to all forms ofretiremen� includinpr normal and early retirement. terminated vested, disability retirees and Pre -retirement deat�i beneficiaries. SECTION 5: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by amending section 58-55, Optional Forms of Benefits, subsection (a)(4), to read as follows: **a (4) F9r meTbers who do not Particinatek the DROP Pursuant to Section 58-70.3, the �r member may elect a percentage of benefit in a lump sum as follows: a. Five (5) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety-five (95) percent paid under the normal form or as per (1), (2) or (3) above. b. Ten (10) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety (90) percent paid under the normal form or as per (1), (2) or (3) above. C. Fifteen (15) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty-five (85) percent paid under the normal form or as per (1), (2) or (3) above. d. Twenty (20) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty (80) percent paid under the normal form or as per (1), (2) or (3) above. e. Twenty-five (25) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining seventy-five (75) percent paid under the normal form or as per (1), (2) or (3) above. SECTION 6: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.1, Military service prior to employment, to read as follows: Sec. 58-70.1. Military service Prior to emplovment. The vears of frap�i9n I Parts of years that a polioe(9fficer s ryes or has sery@d oq activ duty in the military service of the ed Forces of the UniteJStates, the United States Merchant urine or the United States Coast Guard, voluntarily or involuntarilX and honorably or under honorable conditions, Qrior to first and initial employment with the city Police department shall be added to his vears of credited service provided that: on�ember coph7butes to the fund the sum that he would have contributed, based nis 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 vet$ or fractip I parts of years for which he is requesting credit Plus amounts actuan'all determined such that the crediting of service does not result in anX cost to the fund n us Day pient of costs for all Professional servic,ps rendered to the board in connection with the Purchase of vears of credited service. -3- Multiple requests to purchase credited service pursuant to this section may be made_ at any tim@@prio to retirement, in one year increments. upon the completion of five (5) years of credited service. Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than 1hp retir@pe�rt 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 count for all purposes, except vesting. T SECTION 7: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.2, Prior police service, to read as follows: Sec. 58-70.2. Prior volice service. Unless othep/vise prohibited by law, and except as provided for in section 58-46, the years or fractional parts of nears that a rr��tuber previ slv served as a full-time golice officer with the city during a period of revious enm ovmcm and for which period accumulated contributions were withdrawn from the Baud, or the Xears and fractional arts of years that a member served as a full- time police officer or the Years and fractional parts of'vears that a me b��}}'' s ped as apolice officer for v o er municipal, cour jv or state law enforcement department in fhe Mate of Florida shall be added to is years of credited service provided that: Th ,ner�per copl 'butes to the fund the sum that he would have contributed, based on �is salary and the emb@x contributipn ra e m effect at the time that the credited service is requested„.ad he been a member of the system for toe Years or fractional pa f ve rs for which he is requesting credit plus amounts actuarially� determined such that the crediting of service does not result in an q cost to the fund talus pa ent of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to mirchase credited service pursuant to this section may be made. a Y tim@ Drip to retirement, in one year increments, upon the completion of five (51 years of credited service. Pavrjent by the police officer of the required amount shall be made within six f6) 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 iven. The maximum credit under this section for service other than with the City of Sebastian shall be four (4 ears of credited service and shall count for all purposes, except vesting, There shall e nor c m }n �ur�]pse of credit for prifr yervice with the City of Sebastian and such credit s�all count for all purposes, including vesting. In no event, ho}�ever, v creditpq service be purchase, pur uant to this section for Dr fir serrvvice with any ootf er rpumcw�l. marry or st tte�law enforcement der�arhnent yolice deoartmen 'such p�}�r service forms or wrtil form the basis of a retirement benefit or pe1}$jpn ifc a different employees retirement system or plan as set forth, in section 5 -60 subsection (1)(2). 0 Foryu oses of de$err� }�¢ credit to Drior se�yice as a Dolice officer as Drovided for m this section m addition to service as a nolice officer in this state, credit may be purchased by t ie Timber in JJ e sh e manner asprovided above for federal, other stale, co ptv pr T�}umc1n 11\service i the Drjo� servi�e� is recoe }zed by the Cnminal_ Justice �tandards and Trainin¢ Commission wi hin the DeDartment of Law Enforcement, as Drovided under Chanter 943, Florida Statutes, or the police officer Drovidps tlrj9 o the board that such service is iv equa ent to t e service required to meet the a nrtron of a Dolice officer under Sec. 58- 6, above. SECTION 8: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.3, Deferred retirement option plan, to read as follows: See. 58-70.3. Deferred Retirement Option Plan. (a) Definitions. As used in this section 58-70.3. the following definitions avoly: "DROP" -- The City of Sebastian Deferred Retirement Ontion Plan. "DROP account" -- The account established for each DROP narticinant under subsection (c). bb) Participation. Eligibility to nartici.kate. In lieu of torfnin7tine his emDloyment as a Dolice officer, any member who is eligible for normal retirement under the system and who is not on unnaid leave status may elect to defer receipt of such service retirement nension and to DarticiDate in the DROP. Election to. garticinate. A member's election tp ppa iclhate in the DROP must be made i�j wr1mg�g a time and manner determined by e board and shall be effective on the first day ofthe first calendar month which is at least fifteen (15) business days after it is received by the board. Period of Darticivation. A member who elects to narticiii2ate in the DROP under subsection (b)(2), shall narticinate in the DROP for a neriod not to exceed sixty (60) months beginning at the time his election to 1 D to in the DROP first becomes effective. An election to narticinate in the shall constitute an irrevocable election to resign from e service of the ciV not later than the date provided for in the previous sentence. member may particinate only once. Termination ofvarticivation. a. A member's Darticination in the DROP shall cease at the earlier of: 1. the end of his permissible neriod of narticiDation in the DROP as determined under subsection (b)(3): or 2. termination of his emnlovment as a Dolice officer. b. Upon the member's to ination of D� ilnat�on in the DROP pursuant to subsection 1 above, all amounts rorov ded, for in subsection (c)�2) including monthly benefits and interest, shall cease to be tr qI`e�Ir(}r'e from t)le system to his DROP account. Any amounts remaining in his UK(P account shall be -5- paid to him in accordance with the provisions of subsection (d) when he terminates his emolovment as a nolice officer. C. A member who terminates his ?art .cioatiop in the DROP under this subsection (b)(4) shall not be Dermittel to again become a participant in the DROP. (5) Effect ofDROP narticioation on the system. a. A member's credited service and his accrued beef t under the s stem shall be determined on the date his election to t)artici ate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salaw for the Dumoses of calculating,his average final cog, ,nsat'q shall include an amount eaual to any lunm sum Dayrr)ents wh wouidlave been raid to the m mber and included as sale as defined herein,had the member retired under normal retirement and not elected DROP D f ' ip t on. Member coptributior}g attributable to any lumn sums used in e beve�it calculation and not actually received by a member §j 11 be deducted from the first navrpents to the member's DROP account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any supolemental benefit Davable to DROP qarticiDants or any additional benefits provided under any cost-of- livin ad ustment for retirees in the system while he is a particinant in the DRO . �fteri memb x commences yp ja�(X mpptio he shall not be permitted to gain cog b to to to system nor shape be eligible for disability or Dre- retuement dea benefits. b. No amounts shall be Raid to mber �ioir�the system whil the membej�s a D cipant in the DROP. Un�ess otherwise saecified in the system, it a � embeL s Darticination ]p the DROP is terminated other than by terminating his emnlovrnent as a Dolice officer, no amounts shall be paid to him from the system until he terminates his emnlovment as a police officer. Unless otherwise s ecified in the system, ani nts trat�sferrK from the system to the. member's DROP account shall be Dar directly to the member only on the termination of his emnloyment as a Dolice officer. (c) Funding. Establishment of DROP account. A DROP account shall be established for each member Dartic atz in the DROP. A member's DROP account shall consist of amounts transferred to the DROP under subsection (c)(2), and interest on those amounts. Transfers from retirement system. a. As of the first dad� of each month of a z�e�nber's pep'od of mart*cingdoq in the, DROP the monthly retirement benefit he would have received under the system�iad he terminated his emgqtovg�ent as a Dolice officer and elected to receive monthly benefit pa ents thereunder shall be transferred to his DROP account, except as opeTiset Dr vided for in subsection (b)(4)b. A member's period of Darticjpatio in the DROP shall be determined in accordpnc� with the provisions subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his emnlovment as a Dolice officer. Sn b. ExcePt as otherwise provided in subsection (b)(4)b. a member's DROP account under this subsection (c)(2) shall be credited with interest at an effective rate of one and three tenths Vercent (1. 3 %1 Der apnum co,�pppo �d monthly determined on the last business day of the Prior month's en ing balance and credited to the member's DROP account as of such date. C. A member's DROP account shall onlx be credited with interest and monthly benefits while the Tenter 1is arpar�iCIT) rn the DROP. A member's final DROP account value for dlistnbutron to e mber upon termination of: Partic Nation in the DROP shall be the value oTtile account at the end of the month immediately Preceding termination of Darti iDation Plus anv monthly Periodic additions made to the DROP account subsequent to the end of the previous monti� and x7rior to distribution. If a r>jember fails to terminate emt�lovment af{er�artipina�tne in the DROP for the permissible Period of DROP Partic��'pp tiori, then beeinnir� with the member's first month of em lovment foowu� the last mont of the or in period of DROP Varticipation, the mein er's DROP account will no loneer be credited with interest, nor will monthly be be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the member is emnloved by the Police departmen and no cost -of- liy'n¢ diusrents shall be at7Plied to the me�pber _credit during such Period of con inued =2 ovment. A member eroDlove�b_v the Rolice deParhnent after the ermissible Period of DROP Dart�'ioatiq y ill still not be eligible for rejetirepent death or disabilitv benefits and will not accrue additional credited service. Distribution ofDROP accounts on termination ofemolovment. Elieibility for benefits. A member shall receive the balance in his DROP account in accordance with the Provisions of this subsection (d) agon his termination of em lovment as a Police officer. Except as Drovide(1 in subsection (d)J5). no amounts shaW be Paid to a member from the DROP Prior to his termination of emplovment as a police officer. Form of distribution. a. Unless a m@mber elects otherwise dig butio of his DROP account shall be made in a lumrLsum, subject to le direct ro�oyernroyisiops set forth in subsection (dJ(6). Elections under this Para¢ranh shall be in wntm¢ and shall be made within sixtv (60) days. b. Notwithstanding thg pr�cydir�,if a member dies before his benefit is Paid, his DROP account steal bepai to his beneficiary in such optional form as his bene - rev select. If no beneficiary desienation is made, the DROP account shall be distributed to the member s estate. Date ofgavment ofdistribution. Excent as ot�( ffise niovided in this s sVctioq (d)l distribution of a member's DROP account shall be made as soon V gdI im$ratrvely Practicable following the member's termination of emPlovn1ent. Dist ribution 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. -7- (4) Proofofdeath and right of beneficiary or other Person. The board may require and rely upon such proof of death and such evidence of the r�'gJit of any bene�lci ry or, otherpperson to receive the value of a deceased member's DROP account as the board may them proper and its determination of the right ofthat beneficiary or other person to receive payment shall be conclusive. Distribution limitation. Notwithstanding any other provision of subsection id), all distributions from the DROP shall conform to the "Minimum Distribution Of Benefits" provisions as provided for herein. Direct rollover ofcertain distributions. This subsection aRRies to djSt 'b t* s ma, e on or after Janu 1. 2002. N twith,Standing any pr vision of the D OP to the contr�ry� a distributee may elect to have and portion ot" an eligible rollover section on 691onV�pp. aid in a direct rollover as otherwise provided under the system in sec58- (e) Administration ofDROP. (1) Board administers the DROP. The eneral d�lnLst�atio�r of the DROP the resnonsibiliw fir carrvine oy� e pTcw�}�ns of t e DROP_ and the responsibiti�y of overseeing the investment of me DROP s assets shall be placed in the board. The members of the boato May aptloint from th it n er such subcopa nittees yvith such powers as they shall determine ma(wont suc1 ni�jj-�hve procedures and regulations as they deem desirable for the conduct of their ai airst may authorize one or more of their number or any agent to execute or deliver any insgttme t or make anv ayment on their behalf- mayretain counsel, employ agents andnrovrle for such clerpcal, accountin_ g actuari 1 and consulting services as they mayreauire i&carrvine out the Drovisio oY the DROP: and may allocate among themselves or delegate to other D rsops all or such portion of their duties under the DROP, other than those }'anted to the as s e andir aanytru t aar@et�ept d Dte�1 for use t imnlementing, canted as relating yi exclusively to hitmor�, shall decide. A trustee s�all not vote on Individual accounts. records and re orts. The board shall aigtaiq recpr4p showing the operation and condition of the DROP, inclutijgg recors showing the individual balances in each member's DROP account, and e board shall keen in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall preppare and distribute too members vartic Dating jn the DROP and other individuals or f1e with the appropriate eovemmentat agencies as, the case may bey all necessy descriptions, reports, inform do rgturns and data, required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. Establishment ofrules. Subject to the limitations of the DROP the board from time to time shall establish rules for the akinissration of the DROQ and the trrsaction of its business. The board shall have disgretioqpry authority to cc��� le 1r) interpret the DROP (including but not limited to eteMinatipnofanindivi uall'seig�bili��yyfot DROP particinatig�hhe rapt and amount of any benefit payable under the D1tOP, and the dilate on wlluuc an individual ceases to be a artici ant in the DROP. The d t rm' rtion Qf the boar as to the intetpreption r me DROP or its deterrr�rna�tpn of any disputed questions shall be conclusive and final to the extent Dermitted by applicable law. Ira Limitation of liability. a. 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. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retaine or emoloved by the board, but they shall be entitled to rely thereon as well as on certificates fumished by an, accountant orn %ctuarv, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in Uood faith in reliance upon such ex en, accountant, actu�v or counsel, and all actions taken or suffered in such reliance shall be conclusive un_ on any person with any interest in the DROP. (f) General provisions. The DROP is not a separate retirement plan. Instead, it is a Droerar�under which g member who is eligible for normal retirement }tp er Are system maY elect to accrue future r tireyy�e'it benefits in the �nar�ner provide in this section 58-70.3 for the remaine er of'his emplovmen rather than m the normal manner provided under the glan. Upon termination oemplovmenk, a member is entitled to a lumqp sum distribution of It or her DROP account balance o� may elect a rollover. The LROP account distribution is in addition to the member s monthly benefit. Notional account. The DROP account established for such a member is a notional account, used only for the jur�ose of calculation of the DROP distribution amount. It is not a separate account in the system. There is no change in the sNstem's assets, and there is no distribution available to the member until the members termination from the DROP. The member has no control over the investment of the DROP account. No emolo er discretion. The DROP benefit is determined _pursuant to a snecific formula which does not involve employer discretion. IRC limit. The DROP account distribution, along- with other b n�, fits payable from the system, is subject to limitation under Internal Revenue Code Section 415(b). 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 d5.epedt�e�es,Sa�v pgropriate. to amend in whole or in part any or all of the provisions o£ the DR� However, excent as otherwise provided by law no amendment shall make it Qossible for any. part of the DROP's funds to be used �or or diverted to, is oses other than for the, exclusive benefit of persons entitled to benefits under the �ROP. No amendment, shall be made which has the effect of decreasing the balance of the DROP account of any member. act !A , of payment. If a member or other Derson 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 IF E I r�pre, egta ' An gavi ent so made shall be a compete discharge of the liabilities o� the li OP for that benefit. Information. Each member, bgeficiarvor other verso entitled to a benefit before any benefit shall be payable to im or on is account un er e DROP, shall file with the board the information that it shall reauire to esta isis rights and benefits under the DROP. 0 Prevention of escheat. If the board cannot ascertain the whereab jts of anv person to whom a oavment is due under the DROP, the board may, no carper than three f 3), years from the date such nayipent is due mail a notice of such due and owing pam}ent to the last known address of suc(1 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 pa entsgj,�e�w. duesuchpersonbecanceled onthe records ofthe system. Upon. such cancellation, the system shall have no further liability tier fte cept that, in the event such person or his beneficiqv later notifies the board ofhis whereabouts and requests the paTentpr payments due to him under the DROP the amount so applied shall be paid to him m accordance with the provisions of the�ROP. Written elections. notification. a. Any elections, notifications or designations made by a member pursuant to �heprevisions pf the DROP shall bemade'pv�'tip anfiled with the board in a time and manner determined by the boarl under rules uniformly anr�I*cable to all employees similarly situated. The board reserves the right to change from time to time the Crrrlanrlf rpfk) �nolificatipirs, elections or desigetions by members under the j�ROp if t determines after due. deliberation that such action is iustified in that it irq�oves the adjjnistra n of the DROP. In the event of a conflict between the provisions for making an election, notificati on or srenation set forth in the DROP and such new administrative DroceSures, those new administrative procedures shall prevail.. b. Eac vember pr Retiree who has a DROP account shall be responsible for furnishing the board with his current address and any subseogent changes in his address. Any notice required to be given to a member or Retiree hereunder shall be deemed Riven if directed to him at the last such address �}yen to the board and mailed by registered or certified United States mail, f 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. 10 Benefits not,euaranteed. All benefits na able a member o the DROP shall be, paid only from the assets of $e minber's DROP account and neither th@ city nor tie. 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. 11 Construction. a. The DROP shall be construed, rey, lated and administered under the laws of Florida, except where other applicable law controls. b. The titles and heading, of the subsections in this section 58-70.3 are for convepiei) e onl . In the case of ambiguity or inconsistency, the text rather than the tit�es or leadinas shall control. Forfeiture of retirement benefits. Nothin�in this section shall be construed to remove DROP Darticipants from the aDp ication of any forfeiture provisions. applicable to the system. DROP articivants shall be subject to forfeiture of all retirement benefits, including DRt� benefits. -10- Effect ofDROP Participation on emplovment. Participation in the DROP is not a guarantee of emnlovpient and DROP yarticipants shall be subiect to the same em, lovment standards and policies thaf are applicable to employees who are not DIP participants. SECTION 9: That Chapter 58, Law Enforcement, Article III, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, is amended by adding Section 58-70.4, Reemployment After Retirement, to read as follows: See. 58-70.4. Reemplovment After Retirement. (a) Any retiree 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 coin ensation from that employment without limit or jest�is ppa in any way the retirement �eg4ts Vgvable under this system. Reemployment by t�e city shaf�be subiect to the limitations set ort in this section. After normal retirement. Any rerireeyvhoisretired under normal (or early) retirement pursuant to this system and who is reemployed as a police officer and, by virtue of that reemplov}gent is el' }ble to participate in this system, shall upon being reemployed, discontinue receipt )pen Mop reemploy�r�en� the member shall be deemed to be fulIN vested and the, additional credited service accrued durmQ the subsequent employment period shall be used in comvutirWasecond benefiit r oun it butabletothesubsequentemn�lovmentDej}od,whichbenefit amount shall be added to tee bene�it determined upon the initial retirement to �etermine the total benefit payable upon final retirement. Calculations of ben fitsi�ioqq retirejnen� shall be based upon the benefit accrual rate, average final cpmpen a�ton, an credited service (and early retirement reduction factor` if aroplicable) as of that date and the retirement benefit aTo t for any subsequent erry�lo ent period shall be based upon the benefit accrual rate. average final pp�psati9n (based only on the subsSpi , in mg�lovment period and not includine any penod of M, n�ticmation). and credited service �an�early refire ent r,9duction facto ifanplicable) as ofthe date of subsequenf retirement. The amount of any death or disability ben ffit re iyye during a subsequent enod of employment shall be reduced by the amount of accrued bene t el�ble to be Daid for/ gqnor period ofemployment. The optional form of benefit and any iointpensioner s lecteduroonimtialretirement shall not be subiect to c ge upon subsequent retj�etlrient extent as o� er' ise ro}ovicj d herein, but the, retireeI�av se�lect a Ierent otniona� form and tomt pensioner am) Icable only to the subsequent retirement benefit. (c) Any retiree who is retired under normal retirement pursuant to this system who is reem,ploved by the City in aposition other than as a police officer, shall upon being reemt�loved. con�iilue rece)Dt of benefits for the period of any subsequent employment period. Former loved participants shall begin receipt of benefits under these circumstances. Afer early retirement. Any retiree who is retired under early re j�rement ppursua t to this system and who subsequently becomes an em lovee of the ci�v in any can itv, shall discontinue recei t of benefits from the system. If the reeirm oved person, by virtue o is reemplonent, is eligible to garticiDate in this system, that person shall accrue a second benefit as provided for in subsection (b) above and benefit Fnts shall remain suspended during any such subseauent employment period. If the reemployed person is not ell able to oarticiDate in this system, that person s pension enefit D vin@nts shall be suspended until ell, earlier ofterq}inati99LOU, o � Dlovment or such time as t1�e reemD�oved retiree reaches the date that he would have been eliQi( lct 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. -11- (e) Reemvlovmentof3erminatedvested nersons. Reemplovedterminated veS get)ersgns shall not be subiect to the q}�ovislpns ofthis section until such time as thcvbcRin to actua ryreceive, benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early re frees o npprppges of applvir�g th proyyisio4s of this section and their status as an early or normal. retiree s a I be determined by the Tate thev elect to beein to receive their benefit. DROP Partici ants. Me�p e s o retl ees who ale or were in the deferred retifegent. of tion tl n shall have the options provide or in this section for reemployment upon termination of employment. SECTION 10: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Sebastian. SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 12: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalidby any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, orphrases under application shall not be affected thereby. SECTION 13: That this Ordinance shall become effective immediately upon adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Councilmember Jim Hill Councilmember Ed Dodd Councilmember Linda Kinchen PASSED ON FIRST READING, this day of 12017. PASSED AND ADOPTED ON SECOND READING, this day of , 2017. ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY ksh\dm\sebms pol\06-05-17.ord MAYOR -12-