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Ordinance 2006-004 ORDINANCE NO. .20_06 - 004 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 of the Constitution of the 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. For purposes of this System, the City Manager, i\ssistant City Manager and City l..ttomey shall not be deemed General Employees, and, therefore, shall not be Members of the System. 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 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 his or her employment, 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 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. Thengeforward, 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 Finance Director 51 Public \7<1 arks Director 1 e1 City Engineer aj Personnel and Human Relations Director et Planning Director fj City Clerk g1 Chief Building Official ftj .^..dministratiye Services Director 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 thislnt day of k.-bnAOf0, 20~. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ~ f\ '_\. '\ ~u Be -~*Clerk d (SEAL) By: S. Scott Vandergrift, Mayor . ~S,x, L"v~,-",\ ADVERTISED J CU1, 1LIf .2006 READ FIRST TIME '\00 I \ 1rl ' 2006 ~AD SECOND TIME AND OPTED \:) ( , 20~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS -=:L da of .rc b f'UMf, 2006 I~~ CHRlSTIANSEN & DE , P. . Special Counsel 2