Loading...
O-2017-08 CITY OF CLERMONT ORDINANCE No. 2017-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF CLERMONT FIREFIGHTERS'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 Firefighters' are presently provided pension and certain other benefits under Ordinance No. 304-C and; WHEREAS,the City Council desires to amend the provisions of the Firefighters'Retirement Plan pursuant to the collective bargaining process; SECTION 1. NOW, THEREFORE BE IT ORDAINED,by the City Council of the City of Clermont, Lake County, Florida that the following sections of the Firefighters' Retirement Plan Adoption Agreement shall be amended to read as follows: E. CREDITED SERVICE Shall mean the total number of years and fractional parts of years of service as a participant during which the participant made required contributions to the plan, omitting intervening years or fractional parts of years when such participant is not employed by the City of Clermont. Credited service shall also include credited service purchased by a member in accordance with this section: 1. Participants who are employed in a position covered by the Plan may purchase up to a total of five(5) additional years of credited service under the Plan for: a. The years and fractional parts of years that a member served as a full-time Firefighter for any other municipal,county or state firefighting department in the State of Florida,or for full time service as a federal or other state,county or municipal service as a Firefighter if the prior service is recognized by the Division of State Fire Marshal;as provided in Chapter 633,Florida Statutes, or the Firefighter provides proof to the Board that such service is equivalent to the service required to meet the definition of a Firefighter as defined herein; and/or b. The years or fractional parts of years that a Firefighter serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine, or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, 1 CITY OF CLERMONT ORDINANCE No.2017-08 prior to first and initialemployment with the City. Any participant who elects to purchase credited service shall pay the full actuarial cost of such credited service on or before_three (3) months from date of election to purchase such credited service, in accordance;with Subsection 3 below. The calculation of the full actuarial cost shall be made using the assumptions contained in the actuarial valuation performed prior to the purchase of the service credits. The employee salary used as the initial salary for the projected salary shall be'the salary for the year preceding the purchase of the service credits. The service credits shall be used for vesting, benefit accrual, and for satisfying service requirements for benefits. 2. No additional service credit will be allowed if the participant is receiving or will receive any other retirement benefit based on the prior government service. 3. Payment for the purchase of credited service authorized in Subsection 1, above, shall be made in one of the following manners: a. Cash lump sum payment. b. Direct transfer or rollover of an eligible rollover distribution from a qualified plan. c. Any reasonable method established by the Trustees provided;however,that participants similarly situated shall be similarly treated. Full payment for the purchase of past service credit must be made before separation from City employment. H: DISABILITY BENEFITS 1. Disability Benefits In-the-Line-Of-Duty A member determined by the Board of Trustees to be totally and permanently disabled from a service connected injury or disease will receive the greater of (a) the member's accumulated contributions at 5% interest or (b) the greater of(i.) the member's accrued benefit or(ii.)42% of the member's average final compensation. 2.; Disability Benefits Off-Duty A member determined to be totally and permanently disabled by the Board of Trustees from a non-service connected injury, or disease must have completed at least ten (10) years of service in order to be eligible for a non-service connected disability benefit. A member determined to be totally and permanently disabled from a non-service connected injury or disease and who has completed the required years of service will receive the greater of(a)the 2 CITY OF CLERMONT ORDINANCE No. 2017-08 member's accumulated contributions at 5% interest or(b) the greater of(i.) the member's accrued benefit or (ii.) 25% of the member's average final compensation. A member determined to be totally and permanently disabled from a non-service connected injury or disease and who has not completed ten(10)years of service shall receive a return of employee contributions with 5% interest. I. DEATH BENEFITS 1. Death Prior to Vesting—In-Line-Of-Duty If a member dies prior to retirement in-the-line-of-duty,and he is not vested,his beneficiary shall receive the benefit provided for in 1.2. below. 2. Death After Vesting—In-Line-Of-Duty If a member,other than a participant in the DROP under Section M,dies in-the-line-of-duty, the following benefits are payable: a. If the member dies leaving a surviving spouse,the surviving spouse may receive a monthly pension equal to one hundred percent(100%)of the monthly salary being received by the member at the time of the member's death for the rest of the surviving spouse's lifetime. Benefits provided by this paragraph supersede any other distribution that may have been provided by the member's designation of beneficiary.Such benefit ceases upon the surviving spouse's death unless the member's minor children survive the spouse as provided for in paragraph b of this subsection. b. If the surviving spouse dies and the member's minor children survive the spouse,the monthly payments that otherwise would have been payable to such surviving spouse shall be paid for the use and benefit of the member's child or children under 18 years of age and unmarried until the 18th birthday of the member's youngest child. Such monthly payments may be extended until the 25th birthday of the member's child if the child is unmarried and enrolled as a full-time student at an accredited institution. If there is more than one minor child,the benefits shall be divided equally among the children. As each child reaches the benefit termination age, the remaining eligible children will divide the benefits. c. If the member dies leaving no surviving spouse but is survived by a child or children under 18 years of age and unmarried,the benefits provided by subparagraph a.,shall be paid for the use and benefit of such member's child or children under 18 years of age and unmarried until the 18`h birthday of the member's youngest child. Such 3 CITY OF CLERMONT ORDINANCE No. 2017-08 monthly payments may be extended until the 25th birthday of any of the member's children if the child is unmarried and enrolled as a full-time student at an accredited institution. If there is more than one minor child, the benefits shall be divided equally among the children. As each child reaches the benefit termination age,the remaining eligible children will divide the benefits. d. If the member dies leaving no surviving spouse and no child or children under 18 years of age and unmarried or no child under age 25 and unmarried and enrolled as a full-time student, then the member's beneficiary shall receive the greater of(i)the member's accrued benefit or(ii)42%of the member's average final compensation, with the applicable annuity amount payable for 10 years. If the named beneficiary dies before the full 10 years of payments are made,the remaining benefit payments will be paid in a lump sum to the estate of the beneficiary. e. For purposes of determining whether a death is in-the-line-of-duty,the presumption and additional presumption provided for in Section 8.01 (B) and (C) shall apply. f. In all cases, the benefits paid in paragraphs a., b. and c. above will be at least the member's accrued benefit paid for 10 years. In the event that the surviving spouse or children's benefits cease due to death or reaching the age of majority as provided for herein, the benefit will be paid to the estate of the survivor payee (i.e. the surviving spouse or surviving children). M. DEFERRED RETIREMENT OPTION PROGRAM (DROP) 1. Eligibility A participant who reaches the normal retirement date as a Firefighter for the City of Clermont and is a member of the City of Clermont Firefighters' Pension Plan may enter into a Deferred Retirement Option Plan("DROP")on the first day of any month following the attainment of normal retirement date as defined in the Plan Adoption Agreement. 2. Written Election An eligible participant electing to participate in the"DROP"must complete and execute the proper forms supplied by the plan and a resignation of employment. Election into the"DROP" is irrevocable once a participant completes the application to enter the"DROP". 3. Limitation and Disqualification for Other Benefits A participant may participate in the "DROP" only once. After commencement of participation the employee shall no longer earn or accrue additional vesting credits or credited years of service toward retirement benefits and shall not be eligible for disability or pre-retirement death benefits in the City of Clermont Firefighters' Pension Plan. 4 CITY OF CLERMONT ORDINANCE No. 2017-08 4. Cessation or Reduction or Contributions Upon the effective date of a participant's commencement of participation in the"DROP",the participant's contributions to the City of Clermont Firefighters' Pension Plan will be discontinued. 5. Benefit Calculations For all City of Clermont Firefighters' Pension Plan purposes,the credited service and vesting credits of a participant participating in the "DROP" shall remain as they existed on the effective date of commencement of participation in the"DROP". The participant shall not earn or be credited with any additional vesting credits or credited service after beginning "DROP"participation. Service thereafter shall not be recognized by the City of Clermont Firefighters' Pension Plan or used for the calculation or determination of any benefits payable by such Plan. The average final compensation of the participant shall remain as it existed on the effective date of commencement of participation in the"DROP". Payment for accrued unused leave (vacation, holiday, etc.) shall be made, at the option of the participant, from one of the following choices: a. when commencing participation in the"DROP", or b. as the leave is actually used during participation in the"DROP", or c. when the participant actually terminates employment with the City. Earnings thereafter shall not be recognized by the Plan or used for the calculation or determination of any benefits payable by the Plan. However,the value of any retirement gift provided by the City shall be based on the date that a participant actually leaves employment with the City, including the"DROP"participation period. 6. Payment of Drop Accounts The monthly retirement benefits that would have been payable had the member elected to cease employment and receive normal retirement benefits shall be deposited in the participant's "DROP" account. 5 CITY OF CLERMONT ORDINANCE No. 2017-08 7. DROP Account Earnings After each Fiscal Year quarter, the average daily balance in a participant's deferred retirement option account shall be credited at a rate of six and one-half percent(6.5%)annual interest compounded monthly. The Board of Trustees,along with the City, shall review the stated rate of return on an annual basis in order to determine the necessity of any adjustment for future"DROP"participants only. 8. Maximum Participation A participant may participate in the"DROP" for a maximum of sixty(60) months. At the conclusion of the sixty (60) months, the participants' covered City employment must terminate pursuant to the resignation submitted by the participant as part of the "DROP" application. The participant may terminate "DROP" participation by advancing their resignation from covered City employment to a date prior to that submitted by the participant as part of the"DROP" application. 9. Payout Upon the termination of a member's covered City employment(for any reason,whether by retirement, resignation, discharge or death), the retirement benefits payable to the participant or the participant's beneficiary (if the participant selected an optional form of retirement benefit which provides for payments to the beneficiary) shall be paid to the member or beneficiary and shall no longer be deposited into the participant's "DROP" account. Within thirty(30) days after the end of any calendar quarter following the termination of a participant's employment,the balance in the participant's"DROP"account shall be payable at the participant's option: a. In full in a single lump sum payment, all accrued "DROP"benefits, plus interest, less withholding taxes remitted to the Internal Revenue Services (IRS), paid to the"DROP"participant or surviving beneficiary, or; b. As a direct rollover, all accrued"DROP"benefits,plus interest, paid directly from the"DROP"to the custodian of an eligible retirement plan as defined in Section 402(c)(8)(B), Internal Revenue Code(IRC). If benefit is to be paid to a surviving beneficiary, the transfer shall be to an individual retirement account or annuity as described in Section 402(c) (9), IRC. c. Partial lump sum. A portion of the accrued "DROP"benefits shall be paid to the participant or surviving beneficiary; less IRS tax, and the remaining"DROP" benefits shall be transferred directly to the custodian of an eligible retirement plan as defined in Section 402 (c)(8)(B), IRC. However, in the case of an eligible rollover 6 CITY,OF CLERMONT ORDINANCE No. 2017-08 distribution to the surviving beneficiary of a deceased participant, an eligible retirement plan is an individual retirement account or annuity as described in Section 402(c) (9), IRC. The"DROP"participant or surviving beneficiary shall specify the proportions. Regardless of the option selected by the participant, the Board of Trustees has the right to accelerate payments in order to comply,with Section 401.(A) (9) of the Internal Revenue Code and the right to defer payments to comply with Section 415 of the Internal Revenue Code. 10.Death If a "DROP" participant dies before their account balances are paid out in full, the participant's designated beneficiary shall have the same rights as the participant to elect and receive the payout options set forth in paragraph nine(IX)above. "DROP"payments to a beneficiary shall be in addition to any retirement benefits payable to the participant. Participants who are or have been"DROP"participants are not eligible for pre-retirement death or disability benefits. 11.Forms The forms and notices approved by the City shall be used in the administration of the "DROP".Plan. 12.Amendment The Board of Trustees, upon approval by the City Council, can amend the"DROP"at any time. Such amendments shall be consistent with the provisions covering deferred retirement option plans set forth in any applicable collective bargaining agreement and shall be binding upon all future"DROP"participants and upon all"DROP"participants who have balances in their accounts. Such amendments may increase the expense,decrease the account earnings, or limit or restrict the payout options. N SHARE PLAN The purpose of this Section is to implement the provisions of Chapter 175,Florida Statutes,and to provide a mechanism to pay required"extra benefits"to Firefighters based on the growth of premium tax revenue pursuant to Chapter 175.; The monies shall be derived exclusively from monies received from the state and not from any additional taxes levied by the City. Effective January 24,2017,the City agrees to convert 100%of the Chapter 175 reserve fund to a Share Plan. The total amount shall be credited to each participant based on their completed months of credited'service in proportion to the combined completed months of credited service of all participants. 7 CITY OF CLERMONT ORDINANCE No. 2017-08 Effective January24,2017,the Union agrees to allow the City to use 100%of all future Chapter 175 annual distributions up to the amount received in the 2012 calendar year ($188,967) and 50% of any future annual amounts in excess of the 2012 calendar year distribution to fund the normal cost of the pension plan.The remaining 50%of any future annual amounts in excess of the 2012 calendar year distribution shall be credited to participant share accounts, with each participant's account receiving an equal share of the total amount allocated. All monies received will be placed in the fund,as outlined in Article 4 of the Basic Plan Document,and shall be commingled for investment purposes with the other\assets of the City's retirement pension funds. Separate,accounting shall be maintained for all co-mingled assets. In accordance with provisions of Chapter 175,Florida Statutes and such other required authority, a firefighter,who is a participant,shall be entitled to one share for each year of credited service, as defined below, as a firefighter of the City. Each participant shall thereupon have as many shares as years of credited service. The number of years of credited service rendered by each participant shall be determined and a record thereof shall be made on the participant's service record. For purposes of this Section,the word,credited service shall mean all time served as a regularly appointed or employed firefighter of the City for which regular compensation is paid by the City and all times during which a participant is,absent on military leave. It shall include all leave of absences with pay,but shall not include leave of absences during which no regular compensation is paid by the City, except military leave. Credited service for the purposes of the Share Plan only, shall include participants in the DROP. Available funds shall be credited to active participant share accounts, or participants in the DROP, as of September 30th of the applicable plan year. Available funds shall be prorated to each qualifying firefighter in proportion to the number of individual shares for the plan year by credit to the fund. The Board of Trustees shall pay all costs and expenses for the management and operation for the current fiscal year and shall set aside as much of the income as it considers advisable as a reserve for expenses for the next fiscal year.After deducting these monies,the remaining monies shall be allocated and credited to the fund on behalf of the respective participants.The City shall bear no expense in the operation of this Share Plan. Upon termination of employment,a vested participant shall be paid the entire share balance as soon as administratively feasible following his termination of employment. In addition,a vested participant,or his designated beneficiary,shall be entitled to payment of the entire share balance when the participant or beneficiary becomes eligible for a disability or death benefit from the defined benefit plan. 8 CITY OF CLERMONT ORDINANCE No. 2017-08 Upon the separation from service of a non-vested participant (as defined in Section J, of the Adoption Agreement),shares shall revert back into this Share Plan and shall be reallocated to the membership unless the former participant returns to service prior to the September 30th allocation date. If any provisions of this Section or the Plan hereby created shall conflict with the provisions of Chapter 175, Florida Statutes, such conflict shall be resolved in favor of the statutory provisions which are intended to control. 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 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. This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final passage. 9 CITY OF CLERMONT ORDINANCE No. 2017-08 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 11th day of April 2017. CITY OF CLERMONT axk • `^jeQcF9T ��¢ a�1 17 �- : " = Gail L. Ash, a or ATTESTS eR34 ar w� Denise Noak, Acting City Clerk Approve. :. .• form and legality: ...I111411111111 hire0 Daniel 'antza •rney FLORIDA MUNICIPAL PENSION TRUST FUND DEFINED BENEFIT PLAN AND TRUST ADOPTION AGREEMENT The undersigned Employer adopts the Florida Municipal Pension Trust Fund Defined Benefit Plan and Trust for those Employees who shall qualify as Participants hereunder, to be known as the Retirement Plan and Trust for the Firefighters of the City of Clermont. It shall be effective as of the date specified below. The Employer hereby selects the following Plan specifications: EMPLOYER INFORMATION Employer: City of Clermont Contact Name and Title: Joseph E. Van Zile Finance Director Address: P.O. Box 120219 Clermont, FL 34712-0219 Telephone: (352) 241-7368 Fax: (352) 394-4082 Email: jvanzile@clermonffl.org NAME AND ADDRESS OF TRUSTEE: Florida Municipal Pension Trust Fund 301 S. Bronough St., Suite 300 P.O. Box 1757 Tallahassee, FL 32302-1757 TEL: (850)222-9684 Fax: (850)222-3806 LOCATION OF EMPLOYER'S PRINCIPAL OFFICE: The Employer is located in the State of Florida and this Trust shall be enforced and construed under the laws of the State of Florida. EMPLOYER FISCAL YEAR: Twelve months commencing on October 1st and ending on September 30th. 1 04/11/17(R) A. PLAN INFORMATION This Adoption Agreement shall establish a Plan and Trust with the following provisions: 1. Plan Inception Date: December 20, 1960 2. Plan Year: (12 consecutive month period) Beginning October 1 and Ending September 30 3. Plan Anniversary Date(Annual Valuation Date): October 1 4. Name of Plan Administrator: Florida League of Cities, Inc. 301 S. Bronough St., Suite 300 Post Office Box 1757 Tallahassee, Florida 32302-1757 Tel: (850)222-9684 Fax: (850)222-3806 5. Florida Municipal Pension Trust Fund I.D. Number: 59-2961075 6. Florida Municipal Pension Trust Funds' Agent for Legal Process: Cypen & Cypen P. O. Box 402099 Miami Beach, FL 33140 Telephone(305)532-3200 Fax(305) 535-0050 B. PLAN The Firefighters of the City of Clermont are eligible to participate in the Plan. C. ELIGIBILITY Firefighters are eligible to participate in the plan immediately when hired. D. SALARY Means the fixed monthly remuneration paid a Firefighter; where, as in the case of a Volunteer Firefighter, remuneration is based on actual services rendered, salary shall be the total cash remuneration received yearly for such services, prorated on a monthly basis. The remuneration paid a Firefighter by the employer for a plan year excludes bonuses. The amount of annual overtime compensation that may be included in the calculation of the bargaining unit member's retirement benefit shall be limited to the first three hundred (300) hours of overtime paid per calendar year. The amount of the accrued unused sick or annual leave payment at retirement that may be included in the calculation of the bargaining unit member'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 bargaining unit member based on years of service as of the date of approval of this contract by the City Council or(b)the actual amount of accrued unused sick or annual leave paid to the bargaining unit member at retirement. 2 04/11/17(R) E. CREDITED SERVICE Shall mean the total number of years and fractional parts of years of service as a participant during which the participant made required contributions to the plan, omitting intervening years or fractional parts of years when such participant is not employed by the City of Clermont. Credited service shall also include credited service purchased by a member in accordance with this section: 1. Participants who are employed in a position covered by the plan may purchase up to a total of five (5) additional years of credited service under the plan for: a. The years and fractional parts of years that a member served as a full-time firefighter for any other municipal, county or state firefighting department in the State of Florida or for full time service as a federal or other state, county or municipal service as a firefighter if the prior service is recognized by the Division of State Fire Marshal as provided in Chapter 633, Florida Statutes, or the firefighter provides proof to the Board that such service is equivalent to the service required to meet the definition of a firefighter as defined herein; and/or b. The years or fractional parts of years that a firefighter serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the City. Any participant who elects, to purchase credited service, shall pay the full actuarial cost of such credited service on or before three (3) months from date of election to purchase such credited service in accordance with subsection 3 below. The calculation of the full actuarial cost shall be made using the assumptions contained in the actuarial valuation performed prior to the purchase of the service credits. The employee salary used as the initial salary for the projected salary shall be the salary for the year preceding the purchase of the service credits. The service credits shall be used for vesting, benefit accrual and for satisfying service requirements for benefits. 2. No additional service credit will be allowed if the participant is receiving or will receive any other retirement benefit based on the prior government service. 3. Payment for the purchase of credited service authorized in subsection 1 above, shall be made in one of the following manners: a. Cash lump sum payment. b. Direct transfer or rollover of an eligible rollover distribution from a qualified Plan. c. Any reasonable method established by the Trustees provided, however, that Participants similarly situated shall be similarly treated. Full payment for the purchase of past service credit must be made before separation from City employment. 3 04/11/17(R) F. AVERAGE FINAL COMPENSATION 1.. Full-Time Firefighters One-twelfth of the average annual compensation of the 5 best years of the last 10 years of creditable service prior to retirement,termination or death, or the Full-time Firefighter career average of the Firefighter, whichever is greater. 2.. Volunteer Firefighters The average salary of the 5 best years of the last 10 best contributing years prior to change in status to a permanent Full-time Firefighter or retirement as a Volunteer Firefighter or the career average of the Firefighter,whichever is greater. G. BENEFIT AMOUNTS AND ELIGIBILITY 1. Normal Retirement Date A Participant's Normal Retirement Date shall be the first day of the month coincident with or next following the attainment of age 55 and 10 years of service or attainment of 20 years of service, regardless of age. (Only actual completed years of credited service will be used to determine normal retirement date) 2. Normal Retirement Benefit. The monthly normal retirement benefit for Full-time Firefighters shall be: The sum of(1)the number of years of service prior to October 1, 2002 multiplied by 2.25%and (2)the number of years of service after October 1, 2002, multiplied by 3% and multiplied by average final compensation. The monthly normal retirement benefit for Volunteer Firefighters shall be the greater of: a. five dollars ($5.00) a year multiplied by the years of credited volunteer service, or b. the sum of(1)the number of years ofcredited volunteer service prior to October 1, 2002 multiplied by 2.25% and (2)the number of years of credited volunteer service after October 1, 2002 multiplied by 3% and multiplied by average monthly compensation as a volunteer. The monthly normal retirement benefit of a Volunteer Firefighter that changes status from a Volunteer Firefighter to a Full-time Firefighter shall be: The sum of: (1)the accrued benefit as a volunteer firefighter, and (2)the accrued benefit as a full-time firefighter 3. Early Retirement Date A Participant may retire on his Early Retirement Date which shall be the first day of any month coincident with or next following the attainment of age 50 and the completion of 10 years of credited service. (Only actual completed years of credited service will be used-to determine early retirement date.) 4 04/11/17(R) 4. Early Retirement Benefit The accrued benefit will be reduced by three percent(3%)for each year by which early retirement precedes normal retirement. H. DISABILITY BENEFITS 1. Disability Benefits In-the-Line-of-Duty A member determined by the Board of Trustees to be totally and permanently disabled from a service connected injury or disease will receive the greater of(a) the member's accumulated contributions at 5% interest or(b)the greater of(i.)the member's accrued benefit or(ii.)42% of the member's average final compensation. 2. Disability Benefits Off-Duty A member determined to be totally and permanently disabled by the Board of Trustees from a non-service connected injury or disease must have completed at least ten (10) years of service in order to be eligible for a non-service connected disability benefit. A member determined to be totally and permanently disabled from a non-service connected injury or disease and who has completed the required years of service will receive the greater of(a)the member's accumulated contributions at 5% interest or(b) the greater of (i.) the member's accrued benefit or (ii.) 25% of the member's average final compensation. A member determined to be totally and permanently disabled from a non-service connected injury or disease and who has not completed ten(10)years of service shall receive a return of accumulated employee contributions with 5% interest. DEATH BENEFITS 1. Death Prior to Vesting—In-Line-Of-Duty If a member dies prior to retirement in-the-line-of-duty, and he is not vested, his beneficiary shall receive the benefit provided for in 1.2. below. 2. Death After Vesting— In-Line-Of-Duty If a member, other than a participant in the DROP under Section M, dies in-the-line- of-duty, the following benefits are payable: a. If the member dies leaving a surviving spouse, the surviving spouse may receive a monthly pension equal to one hundred percent (100%) of the monthly salary being received by the member at the time of the member's death for the rest of the surviving spouse's lifetime. Benefits provided by this paragraph supersede any other distribution that may have been provided by the member's designation of beneficiary. Such benefit ceases upon the surviving spouse's death unless the member's minor children survive the spouse as provided for in paragraph b of this subsection. b. If the surviving spouse dies and the member's minor children survive the spouse, the monthly payments that otherwise would have been payable to such surviving spouse shall be paid for the use and benefit of the member's child or children under 18 years of age and unmarried until the 18th birthday of the member's youngest child. Such monthly payments may be extended until the 25th birthday of the member's child if the child is unmarried and enrolled as a full-time student at an accredited institution. If there is more than one minor child, the benefits shall be 5 04/11/17(R) divided equally among the children. As each child reaches the benefit termination age, the remaining eligible children will divide the benefits. c. If the member dies leaving no surviving spouse but is survived by a child or children under 18 years of age and unmarried, the benefits provided by subparagraph a., shall be paid for the use and benefit of such member's child or children under 18 years of age and unmarried until the 18th birthday of the member's youngest child. Such monthly payments may be extended until the 25th birthday of any of the member's children if the child is unmarried and enrolled as a full-time student at an accredited institution. If there is more than one minor child, the benefits shall be divided equally among the children. As each child reaches the benefit termination age, the remaining eligible children will divide the benefits. d. If the member dies leaving no surviving spouse and no child or children under 18 years of age and unmarried or no child under age 25 and unmarried and enrolled as a full-time student, then the member's beneficiary shall receive the greater of(i) the member's accrued benefit or (ii) 42% of the member's average final compensation, with the applicable annuity amount payable for 10 years. If the named beneficiary dies before the full 10 years of payments are made, the remaining benefit payments will be paid in a lump sum to the estate of the beneficiary. e. For purposes of determining whether a death is in-the-line-of-duty, the presumption and additional presumption provided for in Section 8.01 (B) and (C) shall apply. f. In all cases, the benefits paid in paragraphs a., b. and c. above will be at least the member's accrued benefit paid for 10 years. In the event that the surviving spouse or children's benefits cease due to death or reaching the age of majority as provided for herein, the benefit will be paid to the estate of the survivor payee (i.e. the surviving spouse or surviving children). 3. Death Prior to Vesting—Off-Duty If a member dies prior to retirement other than in-the-line-of-duty, and he is not vested, his beneficiary shall receive a refund of one hundred percent (100%) of the member's accumulated contributions. 4. Death After Vesting—Off Duty If a member dies prior to retirement other than in-the-line-of-duty, but he is vested, having completed the required years of credited service, his beneficiary shall receive the benefits otherwise payable to the member at the members' early or normal retirement date. J. TERMINATION OF EMPLOYMENT AND VESTING The sum of the volunteer firefighter years of service and full-time firefighter years of service will be counted in total for vesting purposes. If a member's employment is terminated either voluntarily or involuntarily the following benefits are payable: 6 04/11/17(R) 1. If a member has less than five (5) years of credited service upon termination of employment, the member shall be entitled to a refund of his accumulated contributions or the member may leave the accumulated contributions deposited with the fund. 2. If a member has more than five(5)and less than ten(10)years of credited service upon termination of employment, the member shall be entitled to their accrued monthly benefit, starting at the member's otherwise normal or early retirement date, provided he does not elect to withdraw his contributions and provided he survives to his normal or early retirement date, in accordance with the following schedule: Years of Service Vesting % 5 50% 6 60% 7 70% 8 80% 9 90% For the purposes of this section only, a member may start drawing his vested accrued benefit at the age of 55. Early retirement deduction will be based on the years between the age of 55 and the early retirement date. 3. If the member has ten (10) or more years of credited service upon termination of employment, the member shall be entitled to their accrued monthly retirement benefits, starting at the member's otherwise normal or early retirement date, provided he does not elect to withdraw his contributions and provided he survives to this normal or early retirement date. Early and normal retirement dates are based on actual years of service. K. EMPLOYEE CONTRIBUTIONS Members of the Plan shall be required to make regular contributions to the Fund in the amount of four(4%) percent of their salary/after-tax, effective in the pay period beginning February 10, 2014. L. COST OF LIVING ADJUSTMENT Not applicable unless otherwise stated. M. DEFERRED RETIREMENT OPTION PROGRAM (DROP) 1. Eligibility A participant who reaches the normal retirement date as a Firefighter for the City of Clermont and is a member of the City of Clermont Firefighters' Pension Plan may enter into a Deferred Retirement Option Plan ("DROP") on the first day of any month following the attainment of normal retirement date as defined in the Plan Adoption Agreement. 2. Written Election An eligible participant electing to participate in the"DROP" must complete and execute the proper forms supplied by the plan and a resignation of employment. Election into the "DROP" is irrevocable once a participant completes the application to enter the "DROP". 7 04/11/17(R) 3. Limitation and Disqualification for Other Benefits A participant may participate in the "DROP" only once. After commencement of participation the employee shall no longer earn or accrue additional vesting credits or credited years of service toward retirement benefits and shall not be eligible for disability or pre-retirement death benefits in the City of Clermont Firefighters' Pension Plan. 4. Cessation or Reduction of Contributions Upon the effective date of a participant's commencement of participation in the"DROP", the participant's contributions to the City of Clermont Firefighters' Pension Plan will be discontinued. 5. Benefit Calculations For all City of Clermont Firefighters' Pension Plan purposes, the credited service and vesting credits of a participant participating in the "DROP" shall remain as they existed on the effective date of commencement of participation in the "DROP". The participant shall not earn or be credited with any additional vesting credits or credited service after beginning "DROP" participation. Service thereafter shall not be recognized by the City of Clermont Firefighters' Pension Plan or used for the calculation or determination of any benefits payable by such Plan. The average final compensation of the participant shall remain as it existed on the effective date of commencement of participation in the "DROP". Payment for accrued unused leave (vacation, holiday, etc.) shall be made, at the option of the participant, from one of the following choices: a. when commencing participation in the "DROP", or b. as the leave is actually used during participation in the"DROP", or c. when the participant actually terminates employment with the City. Earnings thereafter shall not be recognized by the Plan or used for the calculation or determination of any benefits payable by the Plan. However,the value of any retirement gift provided by the City shall be based on the date that a participant actually leaves employment with the City including the"DROP" participation period. 6. Payments to DROP Account The monthly retirement benefits that would have been payable had the member elected to cease employment and receive normal retirement benefits shall be deposited in the participant's"DROP"account. 7. Drop Account Earnings After each fiscal year quarter, the average daily balance in a participant's deferred retirement option account shall be credited at a rate of six and one-half percent(6.5%) annual interest compounded monthly. The Board of Trustees along with the City shall review the stated rate of return on an annual basis in order to determine the necessity of any adjustment for future"DROP" participants only. 8. Maximum Participation A participant may participate in the"DROP"for a maximum of sixty(60) months. At the conclusion of the sixty (60) months, the participants' covered city employment must 8 04/11/17(R) terminate pursuant to the resignation submitted by the participant as part of the"DROP" application. The participant may terminate "DROP" participation by advancing their resignation from covered city employment to a date prior to that submitted by the participant as part of the"DROP"application. 9. Payout Upon the termination of a members' covered City employment(for any reason, whether by retirement, resignation, discharge or death), the retirement benefits payable to the participant or the participant's beneficiary(if the participant selected an optional form of retirement benefit which provides for payments to the beneficiary) shall be paid to the member or beneficiary and shall no longer be deposited into the participant's "DROP" account. Within thirty(30)days after the end of any calendar quarter following the termination of a participant's employment, the balance in the participant's "DROP" account shall be payable at the participant's option: a. In full in a single lump sum payment, all accrued "DROP" benefits, plus interest, less withholding taxes remitted to the Internal Revenue Services (IRS), paid to the"DROP" participant or surviving beneficiary, or; b. As a direct rollover, all accrued "DROP" benefits, plus interest, paid directly from the"DROP"to the custodian of an eligible retirement plan as defined in Section 402(c)(8)(B), Internal Revenue Code(IRC). If benefit is to be paid to a surviving beneficiary, the transfer shall be to an individual retirement account or annuity as described in Section 402(c)(9), IRC. c. Partial lump sum—A portion of the accrued "DROP" benefits shall be paid to the participant or surviving beneficiary, less IRS tax, and the remaining "DROP" benefits shall be transferred directly to the custodian of an eligible retirement plan as defined in Section 402(c)(8)(B), IRC. However, in the case of an eligible rollover distribution to the surviving beneficiary of a decease participant, an eligible retirement plan is an individual retirement account or annuity as described in Section 402(c)(9), IRC. The"DROP" participant or surviving beneficiary shall specify the proportions. Regardless of the option selected by the participant, the Board of Trustees has the right to accelerate payments in order to comply with Section 401 (A)(9) of the Internal Revenue Code and the right to defer payments to comply with Section 415 of the Internal Revenue Code. 10. Death If a "DROP" participant dies before their account balances are paid out in full, the participant's designated beneficiary shall have the same rights as the participant to elect and receive the payout options set forth in paragraph nine (IX) above. "DROP" payments to a beneficiary shall be in addition to any retirement benefits payable to the participant. Participants who are or have been "DROP" participants are not eligible for pre-retirement death or disability benefits. 11. Forms The forms and notices approved by the City shall be used in the administration of the"DROP" Plan. 9 04/11/17(R) 12. Amendment The Board of Trustees, upon approval by the City Council, can amend the "DROP" at any time. Such amendments shall be consistent with the provisions covering deferred retirement option plans set forth in any applicable collective bargaining agreement and shall be binding upon all future "DROP" participants and upon all "DROP" participants who have balances in their accounts. Such amendments may increase the expense, decrease the account earnings, or limit or restrict the payout options. N. SHARE PLAN The purpose of this Section is to implement the provisions of Chapter 175, Florida Statutes,and to provide a mechanism to pay required"extra benefits"to Firefighters based on the growth of premium tax revenue pursuant to Chapter 175. The monies shall be derived exclusively from monies received from the state and not from any additional taxes levied by the City. Effective January 24, 2017, the City agrees to convert 100% of the Chapter 175 reserve fund to a Share Plan. The total amount shall be credited to each participant based on their completed months of credited service in proportion to the combined completed months of credited service of all participants. Effective January 24, 2017, the Union agrees to allow the City to use 100% of all future Chapter 175 annual distributions up to the amount received in the 2012 calendar year ($188,967) and 50% of any future annual amounts in excess of the 2012 calendar year distribution to fund the normal cost of the pension plan. The remaining 50% of any future annual amounts in excess of the 2012 calendar year distribution shall be credited to participant share accounts,with each participant's account receiving an equal share of the total amount allocated. All monies received will be placed in the fund, as outlined in Article 4 of the Basic Plan Document, and shall be commingled for investment purposes with the other assets of the City's retirement pension funds. Separate accounting shall be maintained for all co- mingled assets. In accordance with provisions of Chapter 175, Florida Statutes and such other required authority, a firefighter, who is a participant, shall be entitled to one share for each year of credited service, as defined below, as a firefighter of the City. Each participant shall thereupon have as many shares as years of credited service. The number of years of credited service rendered by each participant shall be determined and a record thereof shall be made on the participant's service record. For purposes of this Section, the word, credited service shall mean all time served as a regularly appointed or employed firefighter of the City for which regular compensation is paid by the City and all times during which a participant is absent on military leave. It shall include all leave of absences with pay, but shall not include leave of absences during which no regular compensation is paid by the City, except military leave. Credited service for the purposes of the Share Plan only, shall include participants in the DROP. 10 04/11/17(R) Available funds shall be credited to active participant share accounts, or participants in the DROP, as of September 30th of the applicable plan year. Available funds shall be prorated to each qualifying firefighter in proportion to the number of individual shares for the plan year by credit to the fund. The Board of Trustees shall pay all costs and expenses for the management and operation for thecurrent fiscal year and shall set aside as much of the income as it considers advisable as a reserve for expenses for the next fiscal year.After deducting these monies, the remaining monies shall be allocated and credited to the fund on behalf of the respective participants.The City shall bear no expense in the operation of this Share Plan. Upon termination of employment, a vested participant shall be paid the entire share balance as soon as administratively feasible following his termination of employment. In addition,,a vested participant, or his designated beneficiary, shall be entitled to payment of the entire share balance when the participant or beneficiary becomes eligible for a disability or death benefit from the defined benefit plan. Upon the separation from service of a non-vested participant (as defined in Section J, of the Adoption Agreement), shares shall revert back into this Share Plan and shall be reallocated to the membership unless the former participant returns to service prior to the September 30th allocation date. If any provisions of this Section or the Plan hereby created shall conflict with the provisions of Chapter 175, Florida Statutes, such conflict shall be resolved in favor of the statutory provisions which are intended to control. This:Adoption Agreement may be used only in, conjunction with the Basic Defined Benefit Plan Document. - This Adoption Agreement and the Basic Defined Benefit Plan Document shall together be known as the Retirement Plan and Trust for the Firefighters of the City of Clermont. The Adoption Agreement and the Basic Defined Benefit Plan Document are furnished for the consideration of the Employer and its legal and financial advisors. The Florida Municipal Pension Trust Fund advises the sponsoring Employer to consult with its own attorney and financial advisors on the legal and tax implications of the Defined Benefit Plan and the Adoption Agreement. Nothing herein should be construed as constituting legal or tax advice. We understand that the Employer may amend any election in this Adoption Agreement by giving the Trustee written notification of such Amendment as adopted. The Employer hereby agrees to operate under the provisions of the Master Trust Agreement creating the Florida Municipal Pension Trust fund, which is incorporated in full into this Agreement and attached hereto.as Exhibit A to the Basic Defined Benefit Plan Document and the Adoption Agreement. 11 04/11/17(R) IN WITNESS WHEREOF, the Employer and Trustee hereby cause this Agreement to be executed on this 11th day of April, 2017. CITY OF CLERMONT , 6(11faill---- Gai L. Ash, Mayor 12 04/11/17(R)