O-2014-16 CITY OF CLERMONT
- ORDINANCE NO.2014-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA RELATING TO PENSION
AND RETIREMENT BENEFITS FOR GENERAL, POLICE AND FIRE
EMPLOYEES OF THE CITY OF CLERMONT; AMENDING CHAPTER
46, BY DELETING ARTICLE I, IN GENERAL; DELETING ARTICLE II,
CLERMONT PENSION PLAN FOR POLICE OFFICERS AND
FIREFIGHTERS AND DEFINED BENEFITS GENERAL EMPLOYEE
PLAN, DIVISION 1, GENERALLY, DIVISION 2, ADMINISTRATION,
DIVISION 3, RETIREMENT AND RETIREMENT BENEFITS;
RENUMBERING ARTICLE III, SOCIAL SECURITY; DELETING
ARTICLE IV, DEFINED CONTRIBUTIONS FOR GENERAL
EMPLOYEES; DELETING ARTICLE V, CLERMONT PENSION PLANS,
DIVISION 1, RETIREMENT PLAN AND TRUST FOR THE POLICE
OFFICERS OF THE CITY OF CLERMONT, DIVISION 2, RETIREMENT
PLAN AND TRUST FOR THE FIREFIGHTERS OF THE CITY OF
CLERMONT; DELETING ARTICLE VI, FLORIDA MUNICIPAL
PENSION TRUST FUND 401(A) DEFINED CONTRIBUTION PLAN;
ADOPTING NEW ARTICLE I, PENSION AND RETIREMENT PLANS
ADOPTED AND PROVIDING FOR SEVERABILITY, CONFLICT,
CODIFICATION AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Lake County, Florida, as follows:
SECTION 1.
Chapter 46, Pensions and Retirement, Article I, In General; Article II, Clermont Pension Plan for
Police Officers and Firefighters and Defined Benefits General Employees Plan; Article III,
"Social Security"; Article IV, Defined Contribution Plan for General Employees; Article V
Clermont Pension Plans; and Article VI, Florida Municipal Pension Trust Fund 401(A) Defined
Contribution Plan is hereby amended and replaced in its entirety,to read as follows:
Article I. PENSION AND RETIREMENT PLANS ADOPTED.
. , Section 46-21. Clermont Pension Plan for Police and Firefighters and Defined
Benefits General Employees Plan.
The City Council confirms and adopts the Clermont Pension Plan for Police Officers,
Firefighters and Defined Benefits General Employees Plan as amended and restated
(effective date November 1, 1960) as it is set forth in full and on file in the City Clerk's
office. The plan and trust shall be known as and may be referred to as the Clermont
Pension Plan for Police and Fire Fighters and Defined Benefits Plan General
Employees Plan(November 1, 1960).
CITY OF CLERMONT
ORDINANCE NO. 2014-16
Section 46-22.Defined Contribution Plan for General Employees.
The City Council confirms and adopts the Defined Contribution Plan for General
Employees as amended and restated (effective date October 1, 1985) as it is set forth in
full and on file in the City Clerk's office. The plan and trust shall be known as and may be
referred to as the Defined Contribution Plan for General Employees (October 1, 1985).
Section 46-23. Retirement Plan and Trust for the Police Officers of the City of
Clermont.
The City Council confirms and adopts the Retirement Plan and Trust for the Police
Officers of the City of Clermont and the adoption agreement adopted by City of Clermont
Ordinance No. 304-C (February 2001) as amended and as it is set forth in full and on file
in the City Clerk's office. The plan and trust shall be known as and may be referred to as
the Retirement Plan and Trust for the Police Officers of the City of Clermont (February
2001).
Section 46-24.Retirement Plan and Trust for the Firefighters of the City of
Clermont.
The City Council confirms and adopts the Retirement Plan and Trust for the Firefighters
of the City of Clermont and the adoption agreement adopted by City of Clermont
Ordinance No. 305-C (February 2001) as amended and as it is set forth in full and on file
in the City Clerk's office. The plan and trust shall be known as and may be referred to as
the Retirement Plan and Trust for Firefighters of the City of Clermont(February 2001).
Section 46-25. Florida Municipal Pension Trust Fund 401(A) Defined Contribution
Plan.
The City Council confirms and adopts the Florida Municipal Pension Trust Fund 401(A)
Defined Contribution Plan(November 2001) as it is set forth in full and on file in the City
Clerk's office. The plan and trust shall be known as and may be referred to as the Florida
Municipal Pension Trust Fund 401(A) Defined Contribution Plan(November 2001).
Section 46-26.Copies on File; Public Inspection.
The City Manager is authorized and directed to maintain on file in the Office of the City
Clerk copies of the pension and retirement plans adopted in this Article for public
inspection at all times.
Section 46-27—46-30. Reserved.
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CITY OF CLERMONT
ORDINANCE NO.2014-16
Article II. SOCIAL SECURITY.
Section 46-31.Adoption of Coverage.
It is hereby declared to be the policy and purpose of the City to extend; effective as of
October 1, 1954, to the employees and officials thereof not excluded by law or excepted
in this article, and whether employed in connection with a governmental or proprietary
function, the benefits of the system of old-age and survivors insurance as authorized by
the federal Social Security Act and amendments thereto, including Public Law 734 of
81st Congress, and by Florida Statute Chapter 650, and to cover by such plan all services
which constitute employment, as defined in Florida Statute § 650.02, performed in the
employ of the City by employees thereof.
Section 46-32. Execution of Agreements with State Agency.
The Mayor, or other chief executive officer of the City, is hereby authorized and directed
to execute all necessary agreements and amendments thereto with the state agency, for the
purpose of extending the benefits provided by the system of old-age and survivors
insurance to the employees and officials of this City as provided in Section 46-31, which
agreement shall provide for such methods of administration of the plan by the City as are
found by the state agency to be necessary for the proper and efficient administration
thereof, and shall be effective with respect to services in employment covered by such
agreement performed after September 30, 1954.
Section 46-33. Employee Contributions.
Withholding from salaries, wages or other compensation of employees and officials for
the purpose provided in Section 46-3 is hereby authorized to be made, and shall be made,
in the amounts and at such times as may be required by applicable state or federal laws or
regulations, and shall be paid over to the state agency designated by such laws or
regulations to receive such amounts.
Section 46-34. Employer Contributions; Appropriations.
There shall be appropriated from available funds, derived from the general funds of the
City, such amounts, at such times, as may be required to pay promptly the contributions
and assessments required of the City as employer by applicable state or federal laws or
regulations under this Article, which shall be paid over to the lawfully designated state
agency at the times and in the manner provided by law and regulation.
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CITY OF CLERMONT
ORDINANCE NO.2014-16
Section 46-35. Records and Reports.
The City shall keep such records and make such reports under this Article as may be
required by applicable state or federal laws or regulations, and shall adhere to the
regulations of the state agency.
Section 46-36.Adoption of Terms of Social Security Act.
The City does hereby adopt the terms, conditions, requirements, reservations, benefits,
pnvileges and other conditions thereunto appertaining of Title II of the Social Secunty
Act, as amended, for and on behalf of all the officers and employees thereof and of its
departments and agencies now covered or authorized to be covered by any retirement
system provided by law, excepting any official or employee who occupies any position,
office or employment not authorized to be covered by applicable state or federal laws or
regulations.
Section 46-37. Duties of City Finance Director.
The City Finance Director is hereby designated the custodian of all sums withheld from
the compensation of officers and employees under this Article and of the appropriated
funds for the contribution of the City, and the City Finance Director is hereby made the
withholding and reporting agent and charged with the duty of maintaining personnel
records for the purposes of this Article.
SECTION 2. Severability.
It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a 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 portions hereof.
SECTION 3. Conflict.
Any portion of the Clermont City Code or any ordinance or part thereof in conflict with this
Ordinance is hereby repealed to the extent of such conflict.
SECTION 4. Codification.
The text of Section 1 of this Ordinance shall be codified as a part of the Clermont City Code. The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of"article" for "ordinance", "section" for "paragraph", or otherwise to take such
editorial license.
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CITY OF CLERMONT
ORDINANCE NO. 2014-16
SECTION 5. Effective Date.
This Ordinance shall be published as provided by law and shall take effect immediately upon its
Second Reading and Final Passage.
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CITY OF CLERMONT
ORDINANCE NO.2014-16
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 10th day of June, 2014.
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: ��f -. , ` .rS. Turville, Jr., Mayo
test:.
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Tracy Ackroyd, City Clrk
Approved as to form and legality:
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Da ��antzaris, ey
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