HomeMy WebLinkAboutO-02-07 ORDINANCE NO. 0-02-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CITY CODE CHAPTER 58, ARTICLE III POLICE OFFICERS' RETIREMENT
SYSTEM; PROVIDING FOR EFFECTIVE DATE AND CONFLICTS
WHEREAS, in 1989 the City instituted a Chapter 185 police pension plan; and
WHEREAS, the legislative history of said pension plan, including each subsequent
amendment thereto, has stated the intention that said plan be a statutory chapter plan; and
WHEREAS, the City Code language provides that any provisions of the City Code
inconsistent with a Chapter 185 plan shall not be given effect; and
WHEREAS, Chapter 99-1, Laws of Florida, virtually rewrote the police pension law in
the state of Florida and requires local government compliance with extensive minimum pension
standards; and
WHEREAS, the City Council determines that it is in the public interest to increase the
retirement benefit for police officers from the minimum annual rate of 2% to a rate of 3%; and
WHEREAS, in consultation with the Division of Retirement, it has been further
determined that the best means for the City of Sebastian to remain in compliance with Chapter
185 requirements is to directly adopt said' Chapter 185 with the minimum changes necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, as follows:
hereby
Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 58-46, is
amended to read as follows:
Sec. 58-46. Maintenance of Statutory Chapter Plan.
The City of Sebastian shall maintain a Statutory Chapter Plan for police officers'
pensions in accordance with the provisions of Florida Statutes Chapter 185
subject to the following provisions:
(a) In calculating the retirement benefit for any officer retiring subsequent to
May 31, 2002, the rate of 3% per annum shall be used in place of the
minimum rate of 2%, and
(b) Member contributions shall remain at 5% of salary.
Section 2. That the Code of Ordinances, City of Sebastian, Florida sections 58-47
through 5g-54 are hereby repealed in their entirety.
Section 3.
Section 4.
are hereby repealed.
The ordinance shall take effect immediately upon passage.
CONFLICT. All ordinances or parts of ordinances in conflict herewith
The foregoing Ordinance was moved for adoption by Councilmember Coniglio.
motion was seconded by Councilmember Ma j che r
was as follows:
The
and, upon being put to a vote, the vote
Mayor Walter Barnes aye
Vice-Mayor James Hill aye
Councilmember Joe Barczyk ab sen t
Councilmember Edward J. Majcher, Jr. aye
Councilmember Ray Coniglio aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day of
May, 2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A, .M~,,CMC
City Cler_k
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich S'trin~er,'-Qity ~_)rney