HomeMy WebLinkAboutO-89-27ORDINANCE NO.: 0-89-27
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE POLICE PENSION PLAN;
AMENDING ARTICLE VI OF CHAPTER TWO OF THE CODE OF
ORDINANCES; AMENDING SECTION 2-120 OF THE CODE OF
ORDINANCES TO REVISE THE DEFINITION OF "CREDITED
SERVICE"; AMENDING SECTION 2-121 OF THE CODE OF
ORDINANCES TO REVISE THE PROVISIONS PERTAINING TO
PARTICIPATION IN THE POLICE PENSION PLAN; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROViDiNG A
SEVERABILiTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 2-120 of the Code of Ordinances of the City
of Sebastian is hereby amended by deleting the current definition
for the term "CREDITED SERVICE" in its entirety and substituting
the following in lieu thereof:
"CREDITED SERVICE means the total number of years and
completed months of actual service with the City as a full-time
sworn police officer. Members shall not receive credit for
service for which member contributions have been refunded. No
credit will be given toward credited service for service during
which an employee was eligible for participation in the system
but elected not to become a member."
Section 2. Section 2-121 of the Code of Ordinances of the City
of Sebastian is hereby amended by deleting it in its entirety and
substituting the following provisions in lieu thereof:
"SEC 2-121. Membership.
"(a)
Conditions and eligibility. Each Police Officer
of the City of Sebastian shall be a Member of, and thereby
participate in, the Sebastian Police Officer's Retirement System
as it existed on the effective date of this article and shall
thereafter continue participating under the provisions of this
article, unless a Police Officer elects in writing not to
participate within twelve (12) months of commencing his or her
employment as a Police Officer in accordance with the provisions
of Section 185.15 of Florida Statutes (1987), as amended or
supplemented from time to time, or any corresponding provision of
law. Any Police Officer who elects not to participate in the
System in accordance with this section shall thereafter be barred
from participating in the System.
(b) Application for membership. Each eligible employee
shall complete a form provided by the Board which covers the
following items, as well as such other items as may be prescribed
by the Board:
(1) Acceptance of the terms and conditions of the
retirement system, and,
(2) Designation of a beneficiary or beneficiaries.
(c) Change in designation of beneficiary. A member may
from time to time change his or her designated beneficiary by
written notice to the Board upon forms provided by the Board.
Upon such change the rights of all previously designated
beneficiaries to receive any benefits under the System shall
cease."
Section 3. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
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Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Code of
Ordinances of the City of Sebastian, Florida; that the sections
of this Ordinance may be renumbered or relettered to accomplish
such intention; and the word ~Ordinance" may be change to
"Section", "Article" or other appropriate designations.
Section 5. SEVERABILI?Y. In the event a court of
competent 3urisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFEC?IVE DATE. This Ordinance shall take
effect on October 1, 1989.
The foregoing Ordinance was moved for adoption by Councilman
was as follows:
. The motion was seconded by Councilman
and, upon being put to a vote, the vote
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
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The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of ~ , 1990.
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Kathry~/M. O'Halloran, CMC/AAE
City CIerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute, that one publ, ic hearing was held on
thisI Ordinance at 7:00 p.m. on the ~ day of -~~~ ,
1990, 'and that following said public h~aring this Ordinance/ was
passed by the City Council.
Kathryn~M. O'Halloran, CMC/AA'E'
City Clerk
Approved ~/~ Form and Content:
Charl~ Ia~ Nash, City Attorney
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