O-197-C
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CITY OF CLERMONT
CODE ORDINANCES
ORDINANCE NO. 197-C
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING ORDINANCE
NO. 195, AS AMENDED, WHICH WAS INCORPORATED AS SECTION 16, ARTICLE I
OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AS
AMENDED; REVISING THE DEFINITION OF EMPLOYEE AND PROVIDING FOR A
DEFINITION OF POLICEMAN AND FIREMAN, PROVIDING FOR THE COVERAGE AND
THE DEFINITION OF VOLUNTEER FIREMEN UNDER THE PLAN, REVISING THE
FORMULAS FOR COMPUTING RETIREMENT BENEFITS; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Clermont adopted Ordinance 195 which provided for a pension
plan for City employees and was incorporated as Chapter 16, Article I, of the Code of
Ordinances of the City of Clermont, Florida, as amended, and,
WHEREAS, it is now desired to amend said Ordinance,
NOW, THEREFORE, THE CITY OF CLERMONT, FLORIDA, ORDAINS, AS FOLLOWS:
SECTION 1.
The following portion of Chapter 16, Article I of the Code of the City of Clermont,
Florida is amended as follows:
Section 16-1, paragraphs (g), (i), (k), (1), (m), and (n), are hereby deleted and
replaced by the following paragraphs:
(g) Creditable Service. Service in the employment of the City for
which credit is allowed under the terms of this Article, expressed as whole
and fractional years, computing fractional years on the basis of the nearest
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'number of completed months óf service.
(i) Employee. All Policemen, Firemen, Volunteer Firemen, and General
Employees as defined herein.
(k) Policeman. All actively employed sworn P9lice officers of the City,
including those in their initial probationary employment period, as defined
on the Effective Date in Section 185.02, Chapter 185, Florida Statutes, but
excluding all civilian members of the Police Department.
(1) Fireman. All actively employed employees of the City, including
those in their initial probationary employment period, classified as full-
time firefighters, excluding any civilian members of' the Fire Department,
.any temporary or contract employees, and the Fire Chief until such time as
the Fire Chief is a full-time position.
(m) Volunteer Fireman. All actively employed volunteer firemen as
defined on the Effective Date in Section 175.032 (1), Chapter 175, Florida
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CITY OF CLERMONT
CODE ORDINANCES
ORDINANCE NO. 197-C
Statutes, whose total annual services for the City in the capacity of a
volunteer fireman is 24 hours or more. A volunteer Fireman may have other
gainful employment including employment by the City of Clermont, Florida and
this in and of itself shall not exclude him from participating in this Plan
as a Volunteer Fireman.
(n) General Employee. All persons employed by the City who are
classified as employees under personnel records of the City as "probational;
or "permanent" employees including Fire Chief until such time as the Fire
Chief is a full-time position; but excluding part-time employees, independent
contractors, and those classified as Policemen or Firemen.
To Section 16-1 Shall be added the following paragraphs:
(x) Earnings. Total W-2 earnings paid to a Member, during a calendar
year, excluding wages earned as a Volunteer Fireman.
(y) Average Monthly Earnings. 1/12th of the arithmetic average of annual
Earnings for the five (5) highest consecutive calendar years of the ten (10)
calendar years immediately preceding retirement or termination of a Member.
f
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To Section 16-3, paragraph (a), the following sentence is added:
The effective date of this Plan for Volunteer Firemen shall be October
1, 1979.
To Section 16-3, paragraph (c), the following sentence is added:
Volunteer Firemen will be given credit for service to the City starting
October 1, 1969, or the date of employment as a Volunteer Fireman, whichever
is later.
To Section 16-3, paragraph (d), the following sentence is added:
No credit will be given to Volunteer Firemen under this Plan for service
to the City prior to October 1, 1969.
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CITY OF CLERMONT
CODE ORDINANCES
o ORDINANCE NO. 197-C
Section 16-5, paragraphs (a) and (b) are amended as follows:
(a) Normal Retirement Dates. The Normal Retirement Date for all General
Employees except the Fire Chief shall be the first day of the month coincident
with or next following, the attainment of age sixty-five (65) and the com-
pletion of ten (10) years of creditable service.
The Normal Retirement Date for Policemen, Firemen, and the Fire
Chief, including a Fire Chief classified as a General Employee, shall be the
first day of the month coincident with or next follwoing the attainment of age
sixty (60) and the completion of ten (10) years of creditable service. Volunteer
Firemen may also retire at age sixty (60) and the completion of ten (10) years
of creditable service, but shall receive at such date benefits attributable to
service as a Volunteer Firemen only. Any benefits for such Volunteer Firemen
attributable to service as a General Employee shall be payable as specified for
General Employees.
(b) Normal Retirement Benefits. A Member retiring hereunder on or after
his Normal Retirement Date shall receive a monthly benefit which shall commence
on his Retirement Date and be continued thereafter during his lifetime, ceasing
upon death.
The monthly Normal Retirement Benefit for General Employees, Police-
men, and Firemen shall be equal to L 1% of the first $550 of Average Monthly
Earnings, plus 2.0% of Average Monthly Earnings in excess of $550, times years
of Creditable Service. In no event, however, will a monthly benefit be less
than $2.00 times years of Creditable Service.
The monthly Normal Retirement Benefit for Volunteer Firemen shall be
$2.00 times years of Creditable Service.
(c) Delayed Retirement. Retirement shall not be mandatory solely by reason
of age prior to the seventieth (70th) birthday.
At the option of the Employee he or she may remain in the active employ
of the City beyond the Normal Retirement Date, provided, however, that no person
shall be entitled to remain in employement, regardless of age, if in the opinion
of the City such person is incapable of or fails to satisfactorily perform his
assigned job functions, for reasons of physical infirmity, emotional or mental
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CITY OF CLERMONT
CODE ORDINANCES
ORDINANCE 197-C
impairment, lack of aptitude for the position held or for other cause. However,
discharge forced retirement, refusal to hire or denial of promotion may not be
determined solely on the basis of age. The Delayed Retirement Date shall be
the first day of the month coincident with, or next follwoing, actual retirement.
Nothing herein contained shall be construed to give any Employee the right to be
retained in the employ of the City or to interfere with the right of the City to
terminate the employment of any Employee at any time, nor upon dismissal or upon
his voluntary termination of employment, to have any right or interest in the
Fund other than as is herein provided.
The first sentence of the second paragraph of Section 16-5 (d) shall be
replaced by:
A Fireman, Policeman, Volunteer Fireman or a Fire Chief classified as a
General Employee who has ten (10) years of Creditable Service and had attained his
fifty-fifth birthday may make written application to the City Manager for early
retirement.
Section 16-5, paragraph (h) is amended to read as follows:
(h) Each Member entitled to benefits under this plan shall have the right
at any time prior to the date on which benefit payments begin to elect to have
his benefit payable under any of the Options hereinafter set forth in lieu of the
benefits provided herein, and to revoke any such elections and make a new election
at any time prior to the actual beginning of payments. The value of optional
benefits 'shall be actuarilly equivalent to the value of benefits otherwise
payable, and the present value of payments to the retiring Member must be at least
equal to fifty percent (50%) of the total present value of payments to the
retiring Member and his Beneficiary. The Member shall make such an election by
written request to the City Council, such request being retained in the Council's
files.
OPTION 1 - Joint and Last Survivor Option
The Member may elect to receive a benefit during his lifetime
and have such benefit (or a designated fraction thereof) continued
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CITY OF CLERMONT
CODE ORDINANCES
ORDINANCE NO. 197-C
after his death to and during the lifetime of his Spouse
or a relative other than his Spouse. The election of
Option 1 shall be null and void if the Beneficiary dies
before the Member's benefit payments commence.
OPTION 2,- 10 Years Certain and Life Thereafter
A Member may elect to receive a decreased retirement benefit
with 120 monthly payments guaranteed. If, after retiring, the
Member should die before said 120 monthly payments are made,
payments are then continued to his designated Beneficiary, or to
the Estate of the Member in the event that the designated Bene-
ficiary is deceased, until 120 payments in all have been made,
at which time benefits cease. After expiration of the certain
period, should the retired Member be then alive, payments shall
be continued during his remaining lifetime.
OPTION 3 - Other
In lieu of the other optional forms enumerated in this Section,
benefits may be paid in any form approved by..the Council so long
as actuarial equivalence with the benefits otherwise payable
is maintained.
SECTION 2.
Specific authority is hereby granted to codify and incorporate this Ordinance in
the existing Code of Ordinances of the City of Clermont, Florida.
SECTION 3.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4.
This Ordinance shall take effect immediately upon final passage and adoption.
SECTION 5.
Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or work be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part to be declared invalid.
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CITY OF CLERMONT
CODE ORDINANCES
ORDINANCE NO. 197-C
The above and foregoing Ordinance was adopted on first reading by the City
Council of the
City of Clermont,
o1.lol!- day of
was held on the
Florida, at a duly convened meeting thereof, which
lÆA/lf? /
, A.D. 1979.
The above foregoing Ordinance was enacted on second and final reading by the
City
Council of the City of Clermont, at a
'lh
on the c2.tf --- day of
held
ATTEST:
t(1ÜJAPA) '0. ~J/
DOLORES W. CARROLL - City Clerk
duly convened meeting thereof, which was
~1-
, A.D. 1979.
CITY OF CLERMONT
(J1
BY:
CLAUDE E