Ordinance 13-05 – Approved

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[ Code of Ordinances ]
Ordinance 13-05 – Approved

ORDINANCE 13-05

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE IX, OF DIVISION 3 OF THE INDIALANTIC CODE OF ORDINANCES, ENTITLED “PENSION PLAN FOR POLICE OFFICERS AND FIREFIGHTERS,” AMENDING SECTION 2-226 DEFINITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF

WHEREAS, the State law was amended to provide that as of July 1, 2011 or upon entry into the next collective bargaining agreement (hereafter “effective date”), components of the definition of Earnings is limited;

WHEREAS, changes to Florida Statutes §112.66(11), 175.032(3) and 185.02(4) require that overtime included in earnings be limited to no more than 300 hours per year per member after the effective date and provides that unused accumulated vacation earned after the effective date is not included in earnings, but has no effect on accumulated vacation leave before the effective date being included in earnings;

WHEREAS, the Board of Trustees for the Indialantic “PENSION PLAN FOR POLICE OFFICERS AND FIREFIGHTERS” finds that compliance with the law is in the best interest of the members and beneficiaries of the fund;

WHEREAS the Town Council of the Town of Indialantic hereby amends its Town Code as follows:

Section 1: The definition of Earnings contained in Section 2-226 of the Town Code is hereby amended as follows:

Sec. 2-226. Definitions.

As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated:

* * *

Earnings means total cash remuneration paid to a police officer or firefighter for employment services rendered to the town.

Effective January 18, 2012 overtime included in earnings for police officers is limited to 300 hours per member per year. Prior to January 18, 2012 all overtime is included in the definition of earnings for police officers. No hours of unused vacation leave earned after January 18, 2012 shall be considered earnings, however, member’s hours earned as of January 17, 2012 shall be included, provided that number of hours are cashed in at retirement.

Effective July 1, 2011 overtime included in earnings for firefighters is limited to 300 hours per member per year. Prior to July 1, 2011 all overtime is included in the definition of earnings for firefighters. No hours of unused vacation leave earned after July 1, 2011 shall be considered earnings, however, member’s hours earned as of June 30, 2011 shall be included, provided that number of hours are cashed in at retirement.

Beginning with earnings after December 31, 2008, and pursuant to Internal Revenue Code Section 414(u)(7), the definition of earnings includes amounts paid by the Town as differential wages to members who are absent from employment while in qualified military service.

SECTION 2: Severability. Should any section or provision of this division or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof other than the part to be declared invalid.

SECTION 3. Effective Date. This Ordinance shall become effective immediately upon adoption, except as specifically provide for in the text of this Ordinance.

PASSED by the Town Council of the Town of Indialantic on first reading the ____ day of ___________, 2012, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the _______ day of ______________, 2013.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor

ATTEST: ___________________________
Laura Eaton, CMC
Town Clerk