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HomeMy WebLinkAboutItem #10 Approval of Changes to General Employees Retirement Trust Fund AGENDA ITEM COVER SHEET Meeting Date: 01/17/06 Item # \ 0 Contact Name: Contact Number: James Carnicella 1032 Reviewed By: ~ Department Director:.... . ~~~ City Manager: .! . . Background Summary: The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Issue: The General Employees' Pension Board has made recommendations to change the ordinance to allow participation from the City Manager and Assistant City Manager. In addition, it removes reference to Directors by specific title thereby allowing for participation of new director positions as authorized in the yearly budget process. Recommendations Staff recommends the Commission adopt the Pension Board changes as amended for the City of Ocoee General Employees' Retirement Trust Fund on the first reading. Attachments: Attached is the Ordinance pertaining to the recommended changes. Financial Impact: None Type of Item: D Public Hearing [8J Ordinance First Reading D Ordinance First Reading D Resolution D Commission Approval D Discussion & Direction For Clerk's Deot Use: D Consent Agenda D Public Hearing D Regular Agenda D Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) o N/A o N/A o N/A LAW OFFICES CHRISTIANSEN & DEHNER, P.A. SCOTT R. CHRISTIANSEN H. LEE DEHNER 63 SARASOTA CENTER BLVD. SUITE 107 SARASOTA, FLORIDA 34240 PHONE: (941) 377-2200 FAX: (94J) 377-4848 November 14, 2005 jUc.r--{ cA.. Mr. James Carnicella Human Resources Director 150 N. Lakeshore Drive Ocoee, FL 34761 Re: City ofOcoee General Employees' Retirement Trust Fund Dear Jim: As directed at the last meeting ofthe Board of Trustees ofthe designated pension plan, I am enclosing the revised proposed Opt-Out ordinance. Please take the necessary steps to have this ordinance set for reading by the City Commission. By copy ofthis letter to the Board's Actuary, Foster & Foster, Inc., I am requesting them to prepare the appropriate actuarial analysis and forward it to you. If you have any questions or comments, please do not hesitate to contact me. ::;: :;;:IY, H. Lee Dehner HLD\noc enclosure cc: Ward Foster, with enclosure .. ORDINANCE NO. 20- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND, ADOPTED AND RESTATED IN FULL BY ORDINANCE NUMBER 96-19; AS SUBSEQUENTLY AMENDED; IS HEREBY FURTHER AMENDED BY AMENDING SECTION 1, DEFINITIONS BY AMENDING THE DEFINITION OF "GENERAL EMPLOYEE"; AMENDING SECTION 2, MEMBERSHIP; 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 ofthe Constitution ofthe State of Florida and Chapter 166, Florida Statutes. SECTION 2: That Ordinance No. 96-19, adopting the amended and restated City of Ocoee Municipal General Employees' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 1, Definitions by amending the definition of "General Employee", to read as follows: General Employee means any actively employed person in the regular full-time service of the City, including those in their initial probationary employment period, but not including certified police officers and certified firefighters, employed by the City. fOl pmposc,s ofthis Systc,nl, thc, City Manager, Assistant City Managc,l and City Attoll1c,y shall not bc dCC,lllCd GGllc,lal Employc,c,s, and, thc,lcforc" shall not bc, Mcmbos o[tl1c Systc,m. SECTION 3: That Ordinance No. 96-19, adopting the amended and restated City of Ocoee Municipal General Employees' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 2, Membership, to read as follows: SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. Subject to A. of this subsection, all General Employees as ofthe Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. A. The following employees, hOt'9cvcr, may, withinninc,ty (90) days o[his 01 hel cmploYlllGllt, may notify the Board and the city of his or her election not to be a member of the System. Thereupon, it shall be the duty ofthe 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 or her 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: City Manager, Assistant City Manager and Directors. at financc, Dinctol b1 Public 'vV01ks DilcCtOl eJ City Engineer d1 Posomlel and Human Rdatiolls DilCCtOl eJ Planning DilC,CtOl 1 ,. . f} City Clerk g1 Chief Duilding Official h} Administr (tti v c, SCIv i(,c,s Dir cctOl 2. Membership. Each General Employee shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. SECTION 4. Severability of Provisions. If any section, 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 affected thereby. SECTION 5. Repeal of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. Effective Date. This ordinance shall take effect upon adoptions. PASSED AND ADOPTED this _ day of ,2005. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2005 READ FIRST TIME ,2005 READ SECOND TIME AND ADOPTED ,2005 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS _ day of , 2005 CHRISTIANSEN & DEHNER, P.A. Special Counsel By: 2 . . .. noc\ocoee\gen\11-14-05.ord 3 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2005 UNDER AGENDA ITEM NO.