Ordinance 09-1898 ORDINANCE NO.09-1898
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF L' ONGWOOD, FLORIDA, AMENDING THE
ADOPTION AGREEMENT FOR 'THE RETIREMENT PLAN
AND TRUST FOR THE FIRE}±IGHTERS AND POLICE
OFFICERS OF THE CITY OF LONGWOOD, ADOPTED
PURSUANT ; TO ORDII~TANCE NO. 03-1671, AS
SUBSEQUENTLY AMENDED; A:~YIENDING THE NORMAL
RETIREMENT DATE OF SECTION G1; PROVIDING FOR
THE PURCHASE OF PRIOR POLICE OR FIRE SERVICE;
PROVIDING;FOR THE PUI'tCHA.SE OF PRIOR MILITARY
SERVICE; ,PROVIDING FOIZ SEVERABILITY OF
PROVISIONS; REPEALING ~~LL ORDINANCES IN
CONFLICT HEREWITH AivD PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission established a Retirement Plan and Trust for the
Firefighters and Police Officers of the City of Longwood pursuant to Resolution Number 95-
828; and
WHEREAS, the City Commission desires to amend the Adoption Agreement of the Plan
and Trust in order to allow participants to' purchase prior service in the plan, and provide for a
revision to the Normal Retirement Date;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1: That the Adoption Agreement of the Retirement Plan and Trust for the
Firefighters and Police Officers of the City of Longwood, Florida, is hereby amended by
amending section G. l . of the Adoption Agreement, Normal Retirement Date, to read as follows:
G.1. NORMAL RETIREMENT DATE
A Participant's Normal Retirement Date sha:~l be the first day of the month coincident
with or next following the attainment of:
1. age fifty (50) and -1.9 five 5 years of service, or
2. attainment of 25, years of service, regardless of age.
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SECTION 2: That the Adoption Agreement of the Retirement Plan and Trust for the
Firefighters and Police Officers of the City of Longwood, Florida, is hereby amended by
amending Section E. of the Adoption Agreement to add subsection E2, Prior Fire or Police
Service, and subsection E3, Military Service Prior to Employment, to read as follows:
E. CREDITED SERVICE
1. Shall mean the total number of years and fractional parts of years of service as a
Participant during which the Participant made required contributions to the Plan,
omitting intervening years or fractional parts of years when such Participant is not
employed by the Employer. .
2. PRIOR POLICE OR FIRE SERVICE.
Unless otherwise prohibited by law and except as provided for in Article 1.10 of the
Plan the time that a Particitiant previously served as a full-time Police Officer. or Firefighter with
the City during a period of previous em~loyment and for which period Accumulated
Contributions were withdrawn from the Fund or the time that a Participant served as a Police
Officer for any other municipal county or state law enforcement department or as a Firefighter
for any other munic~al county state or special district fire department in the State of Florida
shall be added to his wears of Credited Service provided that:
a. The Participant contributes to the Fund the sum that. he would have contributed,
based on his Salary and the Participant contribution rate in effect at the time that
the Credited Service is requested had he been a Participant of the System for the
time for which he is re~uestin~ credit~lus amounts actuarially determined such
that the crediting of service does not result in any cost to the Fund plus payment
of costs for all professional services rendered to the Board in connection with the
purchase of years of Credited Service.
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b. Multiple requests to Purchase Credited Service pursuant to this Section maybe
~ made at an,,
t~prior to Retirement.
c. Payment by the Participant of the required amount shall be made within six (61
months of his request for credit. but n~~t later than the retirement date, and shall be
made in one (11 lump sum payment upon receipt of which Credited Service shall
be given.
d. The maximum .credit under this Section for service other than with the City of
Longwood when combined with Credited Service purchased for Military Service
Prior to Employment shall be five 5 ears of Credited Service and shall count
for all Purposes, except vestin~~and eligibility for not-in-line of duty disability
benefits. There: shall be no maximum purchase of credit for prior service with the
City of Longwood and such credit shall count for all purposes, including vesting.
e. In no event, however, ma~redited S~:rvice be purchased pursuant to this Section
for prior service with an~oth.er mtcnicipal county or state law enforcement
department or special district fire department, if such prior service forms or will
form the basis of a retirement benefit or pension from a different employer's
retirement system or plan as se:t forth in the Maximum Pension Section of the
plan.
f. For purposes of determining credit for prior service as a Firefighter as provided
for in this Section, in addition to service as a Firefighter in this State,. credit may
be given for federal, other state, or county service if the prior service is
recognized bXthe Division of State Fire Marshal, as provided under Chapter 633,
Florida Statutes; or the Firefighter provides proof to the Board that his service is
equivalent to th'e service required to meet the definition of a Firefighter under
Article I of the Blan.
g_ For purposes of determining credit for prior service as a Police Officer as
provided for in this Section, in addition to service as a Police Officer in this State,
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credit maybe given for federal, other state or county service if the prior service is
recognized by the Criminal Justice Standards and Training Commission within
the Department of Law Enforcement as provided under Chapter 943 Florida
Statutes, or the Police Officer provides proof to the Board that such service is
equivalent to the service required to meet the definition of a Police Officer under
Article I of the Plan.
3. MILITARY SERVICE PRIOR TO EMPLOYMENT.
The time that a Police Officer or Firefighter serves or has served on active du . in the
military service of the Armed Forces of the United States the United States Merchant Marine or
the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable
conditions, prior to first and initial employment with the City Police Department or Fire
Department. shall be added to his years of Credited Service provided that•
a. The Participant contributes to the Fund the sum that he would have contributed
based on his Salary and the Participant contribution rate in effect at the time that the Credited
Service is requested, had he been a Participant of the System for the time for which he is
requesting credit plus amounts actuarially determined such that the crediting of service does not
result in any cost to the Fund plus payment of costs for all professional services rendered to the
Board in connection with the purchase of years of Credited Service
b. Multiple requests to purchase Credited Service pursuant to this Section may be
made at an t~prior to Retirement.
c. Payment by the Participant of the required amount shall be made within six (61
months of his request for credit but not later than the retirement date and shall be made in one
(1) lump sum pa ent upon receipt of which Credited Service shall be iven
d. The maximum credit under this Section, when combined with Credited Service
purchased for prior police or firefighter service with an employer other than the City of
Longwood shall be five (51 years.
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e. Credited Service purchased Rl~rsuani: to this Section shall count for all purposes
except vesting and eli ibility for not-in-line of
d~disability benefits.
SECTION 3: Repeal of Prior I:nconsiistent Ordinances and Resolutions. All
Ordinances or parts of Ordinances in conflict ]Zerewi.th be and the same are hereby repealed.
SECTION 4: Severability. If any s.°ction; subsection, sentence, clause, phrase of this
ordinance, or the particular application thereof shall be held invalid by any court, administrative
agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences,
clauses, or phrases under application shall not be aff.cted thereby.
SECTION 5: Effective Date. That this Ordinance shall become. effective upon its
adoption.
FIRST READING: y ~ l~ ~p, ~.~Q
SECOND READING: ~.p
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PASSED AND ADOPTED THIS A OF 2009.
ATTEST: C:[TY OF LONGWOOD, FLORIDA
Sarah M. l`~Iirus, MMC, MBA Hayw~o d G. Bundy, Jr.
Cit,~ Clerk Mayo
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only:
r
Teresa S. Rop~r~
City Attorney
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