HomeMy WebLinkAboutOrd. 91-27
ORDINANCE NO. 91-27
.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE CITY OF OCOEE MUNICIPAL GENERAL
EMPLOYEES' RETIREMENT TRUST FUND; AMENDING THE
RESTATED CITY OF OCOEE MUNICIPAL GENERAL
EMPLOYEES' RETIREMENT TRUST FUND BY AMENDING
SECTION 2, MEMBERSHIP, SUBSECTION 1, CONDITIONS
OF ELIGIBILITY TO PROVIDE THAT CURRENT EMPLOYEES
SHALL HAVE A PERIOD OF TEN (10) DAYS TO OPT OUT
OF THE PLAN; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 21,1991, by enacting Ordinance Number 91-08, the City
Commission of the City of Ocoee adopted an amendment to modify the existing
pension plan in part with the addition of a Municipal General Employees' Retirement
Trust Fund; and
WHEREAS, it is the desire of the City Commission of the City of Ocoee to
amend that portion of the Municipal General Employees' Retirement Trust Fund
which is "Section 2. Membership" to provide that current employees shall have a
period of ten (10) days to opt out of the plan;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
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. Section 2, MEMBERSHIP, Subsection 1, Conditions of Eligibility, of
the City of Ocoee Municipal General Employees' Retirement Trust Fund, as adopted
by the City Commission of the City of Ocoee in Ordinance Number 91-08, is hereby
amended to read as follows:
Section 2. MEMBERSHIP.
.
1. Conditions of Eligibility.
Subiect to A. and B. of this subsection, all General Employees as of the
effective date, and all future new General Employees, shall become Members of this
System as a condition of employment.
A. The following employees, however, may, within ninety (90) days
of the effective date of this ordinance or within ninety (90) days of the date of his
employment, whichever is later, notify the Board and the City of his election not to
be a member of the plan. Thereupon, it shall be the duty of the Board of Trustees
to refund, from the Fund, the full amount without interest, withheld from such
employee's salary and deposited in the Fund. Thenceforward, no withholding shall
be made from his salary and all employees who have given such notice shall be
banned from participating in the System. The employees who are eligible to opt out
of the System are:
Page 2
Ordinance No. 91-27
a) Finance Director
b) Public Works Director
c) City Engineer
d) Personnel and Human Relations Director
e) Planning Director
f) City Clerk
g) Chief Building Official
h) Administrative Services Director
.
B. Any General Emoloyee as of the effective date of this ordinance
may. within ten (1 Q) days of the effective date of this ordinance, notify the Board
and the City of his election not to be a member of the olan. Thereupon. it shall be
the duty of the Board of Trustees to refund, from the Fund. the full amount without
interest. withheld from such emoloyee's salary and deoosited in the Fund.
Thenceforward. no withholding shall be made from his salary and all emoloyees who
have given such notice shall be banned from oarticioating in the SYstem.
Section 3. Conflict. All ordinances and resolutions, or parts of ordinances
and resolutions in conflict herewith are hereby repealed and rescinded.
Section 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction. such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the
remaining portion hereto.
Section 5. Effective Date. This Ordinance shall become effective October
1, 1991.
PASSED AND ADOPTED this /g"l, day of ~~ ,1991.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
B
.
ADVERTISED Seotember 7. 1991
READ FIRST TIME Seotember 12, 1991
READ SECOND TIME AND ADOPTED
~IC-rr\ 66-~ jr:: ,1991
A~f:;N 0 ^ lTti'" ]I A
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY
this /7~? day of September, 1991.
CHRISTIANSEN & DEHNER, P.A.
Special Co~
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By:," . c/?#~~