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2012-01- C CITY OF CLERMONT ORDINANCE No. 2012 -01- C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING AND RESTATING THE CITY OF CLERMONT POLICE OFFICERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE NO. 304-C; PROVIDING PLAN BENEFIT REVISIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clermont Police Officers' are presently provided pension and certain other benefits under Code Ordinance No. 304 -C and; WHEREAS, the City Council desires to restate the provisions of the Police Officers' Retirement Plan; SECTION 1. NOW, THEREFORE BE IT ORDAINED, by the City Council of the City of Clermont, Florida that Section D (Salary) of the Police Officers' Retirement Plan Adoption Agreement shall be amended to read as follows: Shall mean the total cash remuneration paid to a Police Officer for services rendered, but not including any payments for extra duty or special detail work performed on behalf of a second party employer. The amount of annual overtime compensation that may be included in the calculation of the participant's retirement benefit shall be limited to the first three hundred (300) hours of overtime paid per calendar year. The remuneration paid a Police Officer by the employer for a plan year excludes bonuses. The amount of the accrued unused sick or annual leave payment at retirement that may be included in the calculation of the participant's retirement benefit shall be the lesser of (a) the total value of accrued unused sick or annual leave that would have been paid to the participant based on years of service as of February 14, 2012 or (b) the actual amount of accrued unused sick or annual leave paid to the participant at retirement. SECTION 2. Any portion of the City of Clermont Code or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. SECTION 3. Should any section or part of a section be declared invalid by any court of competent junsdiction, such adjudications shall not apply or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may in separable in meaning and effect from the section to which such holding shall apply. 1 CITY OF CLERMONT ORDINANCE No. 2012 -01- C SECTION 3. Should any section or part of a section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may in separable in meaning and effect from the section to which such holding shall apply. SECTION 4. Plan benefit revisions provided by this Ordinance shall not apply to any plan member who has retired prior to February 14, 2012. SECTION 5. This ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final passage. 2 CITY OF CLERMONT ORDINANCE No. 2012 -01- C PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Flonda on this 8 day of May, 2012. CITY OF CLERMONT }` - t, ,,,, ,, , ��ttitei! s t,t lf, ''4 diffirl* .....,..-::,_....--gi ���: ,r 9 `� o ld S. Turville, Jr., Mayor . ' ATTEST: F �� %rlI....._"'_ . I il - i i A e _:•14/, _ _./. _.de Tracy ' royd, City C1 Approved as to form and legality: `w_ an -'antzans, City Attorney •