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HomeMy WebLinkAboutItem 16 First Reading of Ordinance Amending the City of Ocoee Municipal Police Officers’ & Firefighters’ Retirement Trust Fund Reflecting Internal Revenue Code (IRC) Changes and CBA Revisions from Previous Years New ocoee florido AGENDA ITEM COVER SHEET Meeting Date: December 3, 2019 Item # 1.6 Reviewed By: Contact Name: Charles J. Brown Department Director: Chief :{� • Chairperson P&F RPB �` / Contact Number: City Manager: Robert Fr.4�) "/_ Subject: First Reading of Ordinance Amending the City of Ocoee Municipal Police Officers' & Firefighters' Retirement Trust Fund Reflecting Internal Revenue Code (IRC) Changes and CBA Revisions for Previous Years Background Summary: The City of Ocoee Municipal Police Officers' & Firefighters' Pension Board has reviewed and approved the proposed ordinance which deals primarily with definition changes for compliance with the Internal Revenue Code and changes agreed upon in collective bargaining agreements with the City of Ocoee and the respective bargaining units from the police and fire departments. The proposed amendments are as follows: Section 1, Definitions, clarify and the definition of"credited service" Section 7 & 8, Pre-Retirement Death and Disability, amended to more clearly identify those individuals who may be eligible to apply for a disability pension in the event that they have resigned or their employment is terminated. Section 9, Vesting, clarifying the rights of vested and non-vested employees who terminate service prior to retirement. Section 15, Maximum Pension, the limitation mirrors the language in the Internal Revenue Code. Section 17, Miscellaneous Provisions, Missing Benefit Recipients. This provision is in accordance to IRS Programs Compliance Memorandum. Section 27, Deferred Retirement Option Plan, clarifying that once a member participates in the DROP program, no changes to his/her form of benefit is permitted. Section 29, Reemployment After Retirement, amended as required by IRC. Section 30, Supplemental Benefit Component for Special Benefits, amended to provide that a member who has less than seven years of Credited Service and terminates service with the City shall forfeit his individual Member Share Account. Issue: Should the Honorable Mayor and City Commissioners adopt an Ordinance amending the City of Ocoee Police Officers' & Firefighters' Retirement Trust Fund with revisions complying with the IRC and clarifying previously agreed upon revisions made through collective bargaining? Recommendations: In order to be compliant with changes to the Internal Revenue Code (IRC) and its associated regulations and to clarify all changes made through police and fire bargaining agreements, the Police Officers' & Firefighters' Retirement Board formally requests that the attached Ordinance be adopted by the City Commission. Attachments: • Sugarman & Susskind, P.A. Letter • Ordinance Financial Impact: Douglas Lozen of Foster& Foster, will evaluate the changes to determine financial impact on the plan's funding requirement. Statement of Impact will follow. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. L Q AA r N/A Reviewed by N/A 2 SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A.Sugarman* 100 Miracle Mile Howard S.Susskind Suite 300 Kenneth R.Harrison,Sr. Coral Gables,Florida 33134 D.Marcus Braswell,Jr. (305)529-2801 Pedro A.Herrera Broward 327-2878 David Robinson Toll Free 1-800-329-2122 Ivelisse Berio LeBeau Facsimile(305) 447-8115 *Board Certified Labor &Employment Lawyer November 27, 2019 Via Email: livia@benefits-usa.org Board of Trustees City of Ocoee Municipal General Employees' Retirement Trust Fund do Livia Giuliani, Plan Administrator Benefits USA, Inc. 3810 Inverrary Boulevard Suite 303 Lauderhill, FL 33319 Re: City of Ocoee Police & Firefighters'Retirement Trust Fund Proposed Ordinance Amendment Dear Trustees: As previously discussed with the Board, enclosed please find a proposed ordinance amending the City of Ocoee Municipal Police&Firefighters' Retirement Trust Fund. The purpose of the amendment is to clarify language in certain provisions of the plan, and to update the plan to reflect recent guidance of the Internal Revenue Service. Specifically, the following amendments to the pension plan are proposed: 1. Section 1,Definitions,amending the definition of Credited Service to include language referring to the terms articulated in Section 8, Vesting, referencing the language regarding the rights of employees who terminate service prior to retirement. 2. Sections 7 and 8,Pre-Retirement Death and Disability,is being amended to more clearly identify those individuals who may be eligible to apply for a disability pension in the event that they have resigned or their employment is terminated.This clarification does not change the way in which this provision has been applied or interpreted in the past. This change is being made because the current language has been challenged in litigation as being unclear and has resulted in unintended application of the language. The recommended change clarifies the language which remains consistent with the intended application and prior administration. Further, language is being included to update the Retirement Trust Fund's governing code to comply with the recent enactment of Ch. 2019-21, Laws of Florida. The new law, effective July 1, 2019, amends F.S. 112 to provide additional disability and death benefits to eligible firefighters who have been Board of Trustees City of Ocoee Police&Firefighters' Retirement Trust Fund c/o Livia Giuliani, Plan Administrator November 27, 2019 Page 12 disabled or died as a result of certain forms of cancer. Specifically,the new law creates a presumption of service-connected disability, or preretirement death, for eligible firefighters who either perish or are found to be totally and permanently disabled from useful and efficient service as a firefighter, based on at least one of 21 enumerated forms of cancer or circumstances that arise out of the treatment of such cancer. 3. Section 9, Vesting, is being amended to clarify the rights of vested and non-vested employees who terminate service prior to retirement. The amendment further articulates the process for such former employees receiving a refund of their accumulated contributions as well as articulating benefits available should such members become reemployed by the City. 4. Section 15, Maximum Pension, is being amended so that the specified limitation mirrors the current language in the Internal Revenue Code applicable to qualified plans. 5. Section 17,Miscellaneous Provisions,is being amended to add a subsection 9.,Missing Benefit Recipients. This provision is being included in accordance with a recent IRS Programs Compliance Memorandum. 6. Section 27, Deferred Retirement Option Plan, is being amended to clarify that once a member commences participation in the DROP no changes to his or her form of benefit are permitted. Further, the language is being amended to clarify that, in accordance with Ordinance 2018-046, the DROP accounts of members whose participation in the DROP commenced on or after September 18, 2012 will be credited on a monthly basis which is the same manner as currently employed for DROP participants who entered DROP prior to that date. 7. Section 29, Reemployment After Retirement, is being amended to make several changes as required by the Internal Revenue Code to satisfy the qualification requirements applicable to the reemployment of a disability retiree. 8. Section 30, Supplemental Benefit Component for Special Benefits; Chapter 175 and 185 Share Accounts, is being amended to provide that a member who has less than seven years of Credited Service and terminates service with the City shall forfeit his individual Member Share Account. Please do not hesitate to reach out to us should you require any additional information. 4111111111111 ~ i I E. ROB • DER/jd Enclosure ORDINANCE NO. 2019 - AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND; AMENDING ORDINANCE NUMBER 2010-019, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 7, PRE-RETIREMENT DEATH; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 27, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION 28, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS, CHAPTERS 175 AND 185 SHARE ACCOUNTS; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 1, Definitions, by amending the definition of"Credited Service" to read as follows: SECTION 1. — DEFINITIONS. Credited Service means the total number of years and fractional parts of years of service as a Police Officer or Firefighter with Member contributions, when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Police Officer or Firefighter. The rights to credited service under the System of any Member who leaves the employ of the Police or Fire Department for any cause other than death or retirement prior to satisfying the requirements for Early or Normal Retirement, shall be determined in accordance with Section 9 hereof. A Member may voluntarily leave his or her Accumulated Contribution in the Fund for a period of five (5) years after I aving the 1 reemployed as a Police Officer or Firefighter, without losing crcdit for the ••- _ -- _ - - - - '' - •• e- _ •- - -• . If a vested Member leaves the employ of the Police or Fire Department, his or her Accumulated •- - • - If a Member who is not vested is not reemployed as a Police Officer or Firefighter with. will be returned only upon the written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover - - Police Officer or a Firefighter shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Police Officer or interest, as determined by the Board, within ninety (90) days after his reemployment. SECTION 3. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 8, Disability, subsection 1, Disability Benefits In-Line of Duty, subparagraph A.(1), (2) and (3) and B.(1) and (2); subsection 3, Disability Benefits Not-In-Line of Duty, subparagraph A.(1) and (2) and B.(1) and (2); and adding subsection 8., Eligibility for Disability Benefits, to read as follows: SECTION 8. — DISABILITY. 1. Disability Benefits In-Line of Duty. A. Firefighter Members. (1) Any Member hired prior to October 1, 2015 who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his or her duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one-half percent (3.5%) of his or her Average Final Compensation 2 multiplied by the total years of Credited Service, up to a maximum benefit not to exceed ninety-one percent (91%) of Average Final Compensation of the Member hired on or after October 1, 2012, but in any event the minimum amount paid to the Member shall be forty- two percent (42%) of the Average Final Compensation of the Member. - •• - -- - - • , - . - - - non vested, are not eligible for disability benefits. . • terminated by the City for medical r asons, the terminated person may apply for a disability benefit if days from the date of termination. If a timely application is received, it shall be proce=ed and the terminated person shall be eligible to receive a he is totally and permanently disabled as provided for above.Eligibility requirements for disability benefits are set forth in subsection 8., below. (2) Any Member hired on or after October 1, 2015 who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his or her duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one quarter percent (3.25%) of his or her Average Final Compensation multiplied by the total years of Credited Service, up to a maximum benefit not to exceed eighty- one and one quarter percent(81.25%)of Average Final Compensation of the Member, but in any event the minimum amount paid to the Member shall be forty- two percent (42%) of the Average Final Compensation of the Member. Terminated persons, either vested or non vested, are not eligible for disability benefits. terminated by the City for medical relasons, the days from the date of termination. If a timely terminated person shall be eligible to receive a 3 move-.Eligibility requirements for disability benefits are set forth in subsection 8., below. Firefighter Cancer Presumption. As provided and subject to the limitations in section 112.1816, Florida Statues, effective July 1, 2019, a firefighter (as defined in section 112.1816(1), Florida Statutes) Member shall be considered to be totally and permanently disabled in the line of duty if he or she meets the Plan's definition of Totally and Permanently Disabled due to a diagnosis of cancer (as defined in section 112.1816(1), Florida Statutes) or circumstances that arise out of the treatment of such cancer (as defined in section 112.1816(1), Florida Statutes). B. Police Officer Members. (1) Any Member hired prior to May 16, 2017 who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability was directly caused by the performance of his or her duty as a Police Officer, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one-half percent (3.5%) of his or her Average Final Compensation multiplied by the total years of Credited Service, up to a maximum benefit not to exceed ninety-one percent (91%) of Average Final Compensation of the Member hired on or after October 1, 2012, but in any event the minimum amount paid to the Member shall be fifty-five percent (55%) of the Average Final Compensation of the Member. Terminated persons, either vested or non vested, are not eligible for disability benefits. terminated by the City for medical reaconc, the days from the date of termination. If a timely terminated person shall be eligible to receive a 4 above. Eligibility requirements for disability benefits are set forth in subsection 8., below. (2) Any Member hired on or after May 16, 2017 who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability was directly caused by the performance of his or her duty as a Police Officer, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one quarter percent (3.25%) of his or her Average Final Compensation multiplied by the total years of Credited Service, up to a maximum benefit not to exceed eighty- one and one quarter percent(81.25%) of Average Final Compensation of the Member, but in any event the minimum amount paid to the Member shall be fifty-five percent (55%) of the Average Final Compensation of the Member. Terminated persons, either vested or non vested, are not eligible for disability benefits. Notwithstanding the previous sentence, if a Member is terminated by the City for medical reasons, the . . • - - . • • a e. days from the date of termination. If a timely r. terminated person shall be eligible to receive a abeve. Eligibility requirements for disability benefits are set forth in subsection 8., below. 3. Disability Benefits Not-In-Line of Duty. A. Firefighter Members. (1) Any Member hired prior to October 1, 2015 with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not 5 4 directly caused by the performance of his or her duties as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one-half percent (3.5%) of his or her Average Final Compensation multiplied by the total years of Credited Service, up to a maximum benefit not to exceed ninety- one percent (91%) of Average Final Compensation of the Member hired on or after October 1, 2012. previous sentence, if a Membcr is terminated by the City for medical reasons, the terminated person may be processed and the terminated person shall be eligible to receive a disability benefit if the Board disabled as provided for above. Eligibility requirements for disability benefits are set forth in subsection 8., below. (2) Any Member hired on or after October 1, 2015 with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not directly caused by the performance of his or her duties as a Police Officer or Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one quarter percent (3.25%) of his or her Average Final Compensation multiplied by the total years of Credited Service, up to a maximum benefit not to exceed eighty- one and one quarter percent(81.25%)of Average Final Compensation of the Member. Terminated persons, either vested or non vested, are not eligible for disability benefits. Notwithstanding the previous Board within thirty (30) days from the date of be processed and the terminated person shall be 6 eligible to receive a disability benefit if the Board Eligibility requirements for disability benefits are set forth in subsection 8., below. B. Police Officer Members. (1) Any Member hired prior to May 16, 2017 with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his or her duties as a Police Officer shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to three and one-half percent (3.5%) of his or her Average Final Compensation multiplied by the total years of Credited Service, up to a maximum benefit not to exceed ninety-one percent (91%) of Average Final Compensation of the Member hired on or after October 1, 2012. Terminated persons, either vested or non vested, are not eligible for disability benefits. Notwithstanding the previous sentence, if a Member is terminated by the City for Board within thirty (30) days from the date of be processed and the terminated person shall be eligible to receive a disability benefit if the Board Eligibility requirements for disability benefits are set forth in subsection 8., below. (2) Any Member hired on or after May 16, 2017 with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he or she is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his or her duties as a Police Officer shall, upon establishing the same to the satisfaction of the Board, be entitled to a 7 monthly pension equal to three and one quarter percent (3.25%) of his or her Average Final Compensation multiplied by the total years of Credited Service, up to a maximum benefit not to exceed eighty- one and one quarter percent(81.25%)of Average Final Compensation of the Member. Terminated persons, either vested or non vested, are not eligible for disability benefits. Notwithstanding the previous Board within thirty (30) days from the date of termination. If a timely application is received, it shall be processed and the terminated person shall be eligible to receive a disability benefit if the Board Eligibility requirements for disability benefits are set forth in subsection 8., below. 8. Eligibility for Disability Benefits_ Subiect to 8.(4) below, only active Members of the System on the date the Board determines entitlement to a disability benefit are eligible for disability benefits. L1). Terminated persons, either vested or non-vested, are not eligible for disability benefits. (2) If a Member voluntarily terminates his employment, either before or after filing an application for disability benefits, he is not eligible for disability benefits. (3) If a Member is terminated by the City for any reason other than for medical reasons, either before or after he files an application for disability benefits, he is not eligible for disability benefits. (4) The only exception to (1) above is: a. If the Member is terminated by the City for medical reasons and he has already applied for disability benefits before the medical termination, or; 8 b. If the Member is terminated by the City for medical reasons and he applies within 30 days after the medical termination date. If either (4)a., or (4)b. above applies, the Member's application will be processed and fully considered by the Board. SECTION 4. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 7, Pre-retirement Death, and adding subsection 4., Firefighter Cancer Presumption, to read as follows SECTION 7. - PRE-RETIREMENT DEATH. 4. Firefighter Cancer Presumption. As provided and subject to the limitations in section 112.1816, Florida Statutes, effective July 1, 2019, a firefighter (as defined in section 112.1816(1), Florida Statutes) Member shall be considered to have died in the line of duty if he or she dies as a result of cancer (as defined in section 112.1816(1), Florida Statutes) or circumstances that arise out of the treatment of such cancer (as defined in section 112.1816(1), Florida Statutes). SECTION 5. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 9, Vesting, to read as follows: SECTION 9. -VESTING. If a Member terminates his or her employment with the Police or Fire `- e. ••- • , - • - - - • - • - - - -• - - - • - ' •- - - - - • other benefits under this System, the Member shall be entitled to the fallowing 1. For Firefighter Members hired prior to October 1, 2015. A. If the Member has less than five (5) years Credited Serviee his or her Accumulated Contributions or the Member may B. If the Member has five (5) or more years of Credited Service 9 retirement benefit, determined in the same manner as for normal or early retirement and based upon the Mcmbcr's Credited Service, Average Final Compensation and—the early retirement date, dctcrmined based upon his or her actual y ar of Credited Service, provided he or she does not her otherwise normal or early retirement date, his or her designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for retirement under Pre Retirement Death. 2. For Firefighter Members hired on or after October 1, 2015. his or her Accumulated Contributions or the Member may leave it deposited with the Fund. B. If the Member has seven (7)or more years of Credited Service Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him or her commencing at Member's otherwise normal or early retirement date, dctcrmined based upon his or her actual year of Credited Service, provided he or she does not pFevidecl-Menaber survives to his or her otherwise normal or her otherwise normal or early retirement date, his or her designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for retirement under Pre Retirement Death. 3. For Police Officer Members hired prior to May 16, 2017. A. If the Member has less than five (5) years Credited Service his or her Accumulated Contributions or the Member may 10 B. If the Member has five (5) or more years of Credited Service retirement benefit, determined in the same manner as for Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to early retirement date, determined based upon his or her • • _ early retirement date. If the Mcmbcr does not withdraw his or her otherwise normal or early retirement date, his or her designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for retirement under Pre Retirement Death. 4. For Police Officers Members hired on or after May 16, 2017. A. If the Member has less than seven (7) years Credited Service his or her Accumulated Contributions or the Member may leave it deposited with the Fund. B. If the Member has seven (7)or more years of Credited Service retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's early retirement date, determined based upon his or her early retirement date. If the Member does not withdraw his or her otherwise normal or early retirement date, his or her designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for retirement under Pre Retirement Death. If the employment of a Member with the Police or Fire department terminates for any reason other than death or retirement, and the Member has not reached the aqe and service requirements for early or normal retirement, he or she shall be entitled to the following; 11 1. If the Member is a : Firefighter hired prior to October 1, 2015, who has fewer than five (5) years of Credited Service upon termination; Firefighter hired on or after October 1, 2015, who has fewer than seven (7) years of Credited Service upon termination; Police Officer hired prior to May 16, 2017, who has fewer than five (5) years upon termination; Police Officer hired on or after May 16, 2017, who has fewer than (7) years upon termination, the Member may make a written request for a refund of his or her Accumulated Contributions, or, pending the possibility of being re-employed as a Police Officer or Firefighter, the Member may leave his or her Accumulated contributions in the System for a period of up to five (5) years following the termination. The Member's Credited Service in the System shall be deemed nullified effective the date upon which the Member receives a refund of his or her Accumulated Contributions, or the date upon which the five- year period expires, whichever is earlier. The Member's Accumulated Contributions shall be refunded upon written request, or upon the expiration of the five-year period, whichever is earlier, provided that if the total of the Accumulated Contributions is greater than $1000, said contributions shall be refunded only upon the written request of the Member, and upon the completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. 2. If Paragraph 1 does not apply to the Member, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for early or normal retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him or her commencing at the Member's otherwise early or normal retirement date, determined upon his or her actual years of Credited Service, provided he or she does not elect to withdraw his or her Accumulated Contributions and provided the Member survives to his or her otherwise early or normal retirement date. If the Member does not withdraw his or her Accumulated Contributions and does not survive to his or her otherwise early or normal retirement date, his or her Designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for retirement under Pre-Retirement Death. 3. Upon Re-employment, a Member who has received a refund of his or Accumulated Contributions may restore his or her Credited Service in the System for the years to which the 12 refund relates, if he or she repays to the System, within 90 days of the effective date of such re-employment, the full amount of the refunded Accumulated Contributions that he or she received, plus interest as determined by the Board. The benefits relating to the Credit Service thus restored shall be determined in accordance with the Average Final Compensation and the benefit accrual rate as of the date of termination. SECTION 6. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 15, Maximum Pension, subsection 8, Ten Thousand Dollar($10,000) Limit; Less Than Ten Years of Service, to read as follows: SECTION 15. — MAXIMUM PENSION. 8. Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service. Notwithstanding anything in this Section 15, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subsection 8. of Section 15 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year and or for any prior limitation year,, and the City has not at any time maintained a qualified defined contribution plan in which the Member participated; provided, however, that if the Member has completed less than ten (10) years of Credited Service with the City, the limit under this subsection 8. of Section 15 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). * * * SECTION 7. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 17, Miscellaneous Provisions, adding subsection 10, Missing Benefit Recipients, to read as follows: SECTION 17. — MISCELLANEOUS PROVISIONS. * * * 13 10. Missing Benefit Recipients_ The System shall follow the procedures outlined in the IRS Employee Plans Compliance Resolution System (EPCRS) Program and other applicable IRS guidance to locate any missing individuals to whom a full unreduced benefit payment is due and if, at the conclusion of such efforts, the individual cannot be located, the existing procedure of cancelling payments otherwise due (provided that, if the individual is later located, the benefits due shall be paid) will apply. SECTION 8. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 27, Deferred Retirement Option Plan, subsection 2, Participation, subparagraph E.(1) and deleting subsection 6.H. and renumbering subsections H. through L., to read as follows: SECTION 27. - DEFERRED RETIREMENT OPTION PLAN. 2. Participation. * * * E. Effect of DROP Participation on the System. (1) A Member's Credited Service and his accrued benefit under the System shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the Member's Salary for the purposes of calculating his Average Final Compensation shall include an amount equal to any lump sum payments which would have been paid to the Member and included as Salary as defined herein, had the Member retired under normal retirement and not elected DROP participation. Member contributions attributable to any lump sums used in the benefit calculation and not actually received by the Member shall be deducted from the first payments to the Member's DROP Account. The Member shall not accrue any additional Credited Service or any additional benefits under the System (except for any supplemental benefit payable to DROP participants or any additional benefits provided under any cost-of-living adjustment for 14 Retirees in the System) while he is a participant in the DROP. After a Member commences participation, he shall not be permitted to again contribute to the System nor shall he be eligible for disability or pre-retirement death benefits, except as provided for in Section 29. After a Member commences participation in the DROP, no changes to such Member's form of benefit election shall be permitted. 6. General Provisions. * * * H. Prevention of Escheat. to whom a payment is due under the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the Board or the City. If such person has not made written advice from counsel to the DROP, direct that such payment and all remaining paymcnts otherwise due such person be canceled on the records of the DROP. Upon such cxccpt that, in the event such person or his Beneficiary later notifies the Board of his whereabouts and requests-the payment or payments due to him under the DROP, the WI. Written Elections, Notification. (1) Any elections, notifications or designations made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from the time and manner for making notifications, elections or designations by Members under the DROP if it determines after due deliberation that such action is 15 justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. (2) Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his address. 41. Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. 4J. Construction. (1) The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. (2) The titles and headings of the subsections in this Section 27 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. LK. Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the scope of Section 22 above or Section 112.3173, Florida Statutes. DROP participants who commit a specified offense or whose employment is terminated as described in Section 22 while employed, will be subject to 16 forfeiture of all retirement benefits, including DROP benefits, pursuant to the above provisions of law. ML. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. * * * SECTION 9. That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 29, Reemployment After Retirement, subsection (1), adding a subsection (5), After Disability Retirement, renumbering and amending the subsequent subsections (6) and (7) to read as follows: SECTION 29. REEMPLOYMENT AFTER RETIREMENT 1. Any Retiree who is retired under this System, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Notwithstanding the previous sentence, reemployment by the City shall be subject to the limitations set forth in this Section. * * * 5. After Disability Retirement A. Subject to paragraph B. below, any Retiree who is retired under Section 8., Disability ("disability retiree"), may, subject to subsection 5., Physical Examination Requirement, of that section, be reemployed by any public or private employer, and may receive compensation from that employment without limiting or restricting in any way, the retirement benefits payable under this system. B. Any disability Retiree who subsequently becomes an employee of the City in any capacity, except as a Police Officer or Firefighter, shall discontinue receipt of disability benefits from the system for the period of any such employment. 17 C. If a disability Retiree is reemployed as a Police Officer or Firefighter for the City, his disability benefit shall cease and Section 8, subsection 5. shall apply. 5 6. Reemployment of Terminated Vested Persons. Reemployed terminated vested persons shall not be subject to the provisions of this Section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early Retirees for purposes of applying the provisions of this Section and their status as an early or normal Retiree shall be determined by the date they elect to begin to receive their benefit. 6 7. DROP Participants. Members or r Retirees who are-or-were in the Deferred Retirement Option Plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. SECTION 10 That the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund adopted by Ordinance No. 2010-019, as subsequently amended, is hereby further amended by amending Section 30, Supplemental Benefit Component for Special Benefits; Chapters 175 and 185 Share Accounts, subsection 4., Forfeitures and subsection 10., Maximum Additions, to read as follows: SECTION 30. - SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTERS 175 AND 185 SHARE ACCOUNTS. 4. Forfeitures. Any Member who has less than five-seven (57) years of Credited Service and who is not otherwise eligible for payment of benefits after termination of employment with the City as provided for in subsection 5. shall forfeit his individual Member Share Account. Forfeited amounts shall be included and used as part of the Chapter 185 tax revenues for future allocations to individual Member Share Accounts on each valuation date in accordance with the formula set forth in subsection 3.A. * * * 10. Maximum Additions. Notwithstanding any other provision of this Section, annual additions under this Section shall not exceed the limitations of Internal Revenue Code Section 415(c) of the Codc pursuant to the provisions of Section 15, subsection 11. 18 SECTION 11. Repeal of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 12. Severability. In the event any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity shall not affect the remaining portions hereof. SECTION 13. Effective Date. This ordinance shall take effect upon second reading and adoption. PASSED AND ADOPTED this day of , 2019. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA By: By: City Clerk Mayor (SEAL) ADVERTISED , 2019 READ FIRST TIME , 2019 READ SECOND TIME AND ADOPTED , 2019 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS day of , 2019 By APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2019 UNDER AGENDA ITEM NO. . 19