ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF STARKE, FLORIDA, AMENDING CHAPTER 78, PERSONNEL, ARTICLE IV CITY EMPLOYEE RETIREMENT SYSTEMS, DIVISION 2 POLICE OFFICERS RETIREMENT SYSTEM, SECTION MEMBERSHIP IN SYSTEM AND SECTION DEFERRED RETIREMENT OPTION PLAN (DROP) BY AMENDING THAT THE CHIEF OF POLICE MAY REVOKE HIS OR HER RESIGNATION WHILE IN DROP PRIOR TO THE EFFECTIVE DATE OF RESIGNATION AND REMAIN AS CHIEF OF POLICE; AMENDING SO THAT THE CHIEF OF POLICE IS NOT MANDATORILY REQUIRED TO BE A MEMBER OF THE PLAN; AMENDING SO THAT THE CHIEF OF POLICE CAN RECEIVE RETIREMENT BENEFITS AND DROP DISTRIBUTIONS UPON EXITING DROP WHILE REMAINING AS CHIEF OF POLICE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Starke Police Officers Retirement System requires that all full-time police officers of the City and all persons who become full-time police officers of the City shall be members of the police officers retirement system; and WHEREAS, the Chief of Police must have satisfied the minimum qualification requirements for police officers pursuant to F.S ; and WHEREAS, it is mandatory that the Chief of Police be a member of the City of Starke Police Officers Retirement System; and WHEREAS, F.S (16) states that any plan may provide that the police chief shall have an option to participate in the plan; and WHEREAS, this amendment is being made in order to make it optional for the Chief of Police for the City to be or become a member of the City of Starke Police Officers Retirement System rather than making participation mandatory. WHEREAS, this amendment is being made in order to make it so that the Chief of Police may revoke his or her resignation while in DROP prior to the effective date of

2 the resignation and remain as Chief of Police. WHEREAS, this amendment is being made in order to make it that the Chief of Police may receive his or her retirement benefit and DROP distribution upon exiting DROP, while remaining as Chief of Police. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF STARKE, FLORIDA AS FOLLOWS: Sec. 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Sec. 2. Sec Membership in system: (a) Except as provided herein, Aall full-time police officers of the city shall be members of the police officers' retirement system, and all persons who become full-time police officers of the city shall become members of the police officers' retirement system. Part-time police officers shall not become members of the police officers' retirement system. Part-time police officer shall mean any person employed or appointed less than full time, as defined by the City of Starke, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. The Chief of Police for the City of Starke, if otherwise eligible, may opt to be a member of the City of Starke Police Officers Retirement System, but is not required to join or remain a member. If the Chief of Police has joined the police officers' retirement system, and his or hers participation in DROP ceases, he or she may remain as Chief of Police. The Chief of Police shall not be eligible to participate in the City of Starke General Employees Retirement System. (b) In any case of doubt, the board shall have final power to decide who is a member of the retirement system within the meaning of the provisions of this division. Sec. 3. Sec , Deferred Retirement Option Plan (DROP) be amended to provide as follows: 2

3 * * * (g). Irrevocable resignations. The City of Starke Police Officers' Retirement System shall promulgate the appropriate administrative forms for administering the DROP, which forms must include, at a minimum, an irrevocable resignation from employment from the city, which is effective no more than five years from the date of entry into the DROP. The resignation is irrevocable, except for an elected Chief of Police. Prior to the effective date of resignation of the Chief of Police, he or she may elect to revoke their resignation and remain as Chief of Police. A DROP member may actually separate from service prior to the expiration of the five-year period. After the five-year period a DROP member may not continue in the employment of the city in a position in which membership in the City of Starke Police Officers' Retirement System is mandatory. A DROP member may participate in the DROP only once. * * * (m). Distribution. (1) Upon termination of a DROP member's employment with the city from a position that is covered by the City of Starke Police Officers' Retirement System the retirement benefits payable to the member or the member's beneficiary (if the member selected an optional form of retirement benefits which provides for payment to the beneficiary) shall be paid to the member, or, if the member is deceased, to the member's designated beneficiary, or, if no surviving designated beneficiary, to the member's estate and shall no longer be credited to the member's DROP account. Provided however, upon the Chief of Police exiting DROP, the retirement benefits payable to the Chief of Police or the Chief of Police s beneficiary (if the Chief of Police selected an optional form of retirement benefits which provides for payment to the beneficiary) shall be paid to the Chief of Police, or, if the Chief of Police is deceased, to the Chief of Police s designated beneficiary, or, if no surviving designated beneficiary, to the Chief of Police s estate and shall no longer be credited to the Chief of Police s DROP account. (2) Upon termination of a DROP member's employment with the city from a position that is covered by the City of Starke Police Officers' Retirement System, the balance credited to the participant's DROP account shall be payable either to the participant or as a direct rollover into any qualified plan that accepts rollovers. Provided however, upon the Chief of Police exiting DROP, the balance credited to the Chief of Police s DROP account shall be payable either to the Chief of Police or as a direct 3

4 rollover into any qualified plan that accepts rollovers. All distributions must comply with the internal revenue code and regulations promulgated thereunder. Sec. 4. It is the intention of the City Commission of the City of Starke that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Starke, Florida. The Sections of this Ordinance may be renumbered, re-lettered and the word Ordinance may be changed to Section, Article or such other word or phrase in order to accomplish such intention. Sec. 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Sec. 6. If any clause, section or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or application remaining in full force and effect. Sec. 7. This ordinance shall become retroactively effective to September 1, PASSED AND DULY ADOPTED with a quorum present and voting, by the City Commission of the City of Starke, Florida in regular session, this day of, CITY COMMISSION OF STARKE, FLORIDA TOMMY CHASTAIN WILBUR WATERS 4

5 JANICE MORTIMER DANNY NUGENT TRAVIS WOODS ATTEST: RICKY THOMPSON, CITY CLERK By: TOMMY CHASTAIN, MAYOR J:\WPDocs\ Starke Police Officers' Retirement System\Ordinances\Chief of Police Participation in Plan Not Mandatory v.14.[final for publication].doc 5