HomeMy WebLinkAboutO-12-09ORDINANCE NO. 0-12-09
AN ORDINANCE AMENDING CHAPTER 58, ARTICLE III OF
THE CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, ENTITLED "POLICE
OFFICERS' RETIREMENT SYSTEM"; IMPLEMENTING A
PROVISION OF THE 2011-2013 COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE
COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION;
PROVIDING FOR AN INCREASE IN MEMBER
CONTRIBUTIONS; PROVIDING AN EFFECTIVE DATE; AND
REPEALING ALL ORDINANCES INCONSISTENT HEREWITH.
WHEREAS, the City of Sebastian and the Coastal Florida Police Benevolent
Association ("PBA") entered into a collective bargaining agreement in October 2011; and
WHEREAS, under the terms of the collective bargaining agreement, the member
contribution to the Police Pension Plan for members employed by the City before October 1,
2011 is to be increased to 8% of earnings on October 1, 2012 unless the taxable assessed value of
the City of Sebastian, as projected by the Indian River County Appraiser Office on July 1, 2012,
is greater than $878,441,378, in which case the agreement will expire on September 30, 2012;
and
WHEREAS, the Indian River County Appraiser Office has determined the total taxable
assessed value of the City of Sebastian to be less than $878,441,378 on July 1, 2012; and
WHEREAS, to implement the increase in member contributions to the Police Pension
Plan it is necessary to amend the Police Officers' Retirement System ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL FOR
THE CITY OF SEBASTIAN, FLORIDA:
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Section 1. That the recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. That Section 58-46 of the "Code of Ordinances, City of Sebastian, Florida"
pertaining to "Police Officers' Retirement System" is hereby amended to read as follows:
Sec. 58-46. — Police officers' pension plan.
(7) Notwithstanding the provisions of F.S. § 185.07(1)(b), to the contrary:
(1) (b) Except as reduced or increased contributions are authorized by subsection
(2), by the payment to the fund of 5 percent of the salary of each full-time police
officer duly appointed and enrolled as a member of such police department, which
5 percent shall be deducted by the municipality from the compensation due to the
police ofiicer and paid over to the board of trustees of the retirement trust fund
wherein such police officer is employed. Notwithstandin� the precedin�
sentence effective October 1 2012 b�pavment to the fund of eight percent (8%)
of the salary of each full time police officer who was emploved bv the
municipality prior to October 1 2011 which shall be deducted bv the
municipality from the compensation due to the police officer and paid over to the
board of trustees of the retirement trust fund. No police officer shall have any
right to the money so paid into the fund except as provided in this chapter.
Member 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 Internal Revenue 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 3. CONFLICT. Ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
Section 4. SEVERBILITY. Should any section, sentence, clause, part or provision of
this Ordinance be declared invalid or unenforceable by a court of competent jurisdiction, the
same shall not affect the validity of this Ordinance as a whole, or any part thereof other than the
part declared to be invalid.
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Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by
the City Council.
The foregoing Ordinance was moved by adoption by Councilmember
w r i g h t . The motion was seconded by Councilmember _�,
and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill a y e
Vice-Mayor pon Wright a y e
Councilmember Andrea B. Coy a y e
Councilmember Richard H. Gillmor a y e
Councilmember Bob McPartlan a y e
The Mayor thereupon declared this Ordinance duly passed and adopted this 2 6 t h day of
September ,2012.
CITY OF SEB�IAI�J,/ FLORIDA
I�
Hill, Mayor
ATTEST•
/j �--�.._
,C, /� '
CL.
Sally A. Maio MC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
/^ �
Robert A. Ginsburg
City Attorney
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