The Palm Beach Post from West Palm Beach, Florida on November 23, 1968 · Page 20
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November 23, 1968

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The Palm Beach Post from West Palm Beach, Florida · Page 20

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Saturday, November 23, 1968
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2fr-Palm Beach Post-Times, Saturday, Nov. 23, 1968 LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE ! sult of a personal injury ings fund at the time of his ; ployment within one year .NO. A4 BILLNU.H4I48 ORDINANCE NO.dy.i7-W AN ORDINANCE UK THE CITYj COMMISSION OF THE CITY Or WhST PALM BEACH. FLORIDA AMENDING CHAPTER 35 (PENH SIONS OF THE CODE OF THE CITY OF WEST PALM BEACH FLORIDA. AS AMENDED, BY DELETING THEREFROM THE PRESENT CHAPTER 35 (PENSIONS AND SUBSTITUTING THEREFOR A NEW CHAPTER 35 (PENSIONS); REPEALING ALL ORDINANCES OR PARTS OF ORDI NANCES IN CONFLICT HERE WITH; PROVIDING A SAVINGS (b The City's contributions on account of employees in any revenue supported department, board or commission of the City shall be an obligation of the revenue supported department, board or commission and shall be paid from their revenues. (c) The pension reserves for pensions payable upon a member's retirement or death shall be transferred trom the pension reserve fund to the retirement reserve fund. If at the end of any fiscal year the balance in the retirement reserve fund is less than its actuarial liabilities the amount of the deficiency shall be transferred from the pension reserve tund to the retirement reserve fund. Sec. 35-30 Expense Fund. The expense fund shall be the fund to which shall be credited money provided by fie city to pay the administration expenses ot the retirement system, and from which shall be paid the administration ex- genses ol the svstem. The oard shall annually certify to the city commission the amount of appropriation necessary to adminis October 1. 1M8 shall be continued and paid in accordance with the provisions of this chapter In effect October 1. 1Mb and shall not be changed because of the IMS amendments to this chapter. SECTION 3: That all ordinances or parts of ordinances in coth Ilict herewith be and the same are hereby repealed. SECTION 3: That should any section or provision of tnis ordinance 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 hereof as a whole or part thereof other than the part declared to be invalid. SECTION 4: Specific authority Is hereby granted to codify this ordinance. SECTION ft: This ordinance shall be effective as of October I. 18. FIRST READING THIS 4TH DAV OKNUVLMBEK, 1H St:'tNn r'INAl- READING IN KL'LL AND PASSAGE THIS 181H "DAY OK NUVEM BEK. liHiX (CORPORATE SbAU David H. Bradv XujteneW Potter C.H Earnest FredOEasley.Jr CITY COMMISSION ATTEST: JackR. Noble CITY CLERK Pub.: November23,iyb CLAUSE: AUTHORITY TO CODIFY; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH , FLORIDA ; SECTION 1: That Chapter 35 (Pensions) of the Code ol the City ol West Palm Beach, Florida, 1, as amended,! be and the same is hereby: lurther amended by dele ! ting theretrom the present' Chapter 35 I Pensions) and substituting therelur a new Chapter 35 (Pensions) to read as tollows: Sec. 35 1 Delinitnons. trustee ceases to be employed by the City, or should any appointed or elected trustee fail to attend scheduled meetings ol the board for 3 consecutive meetings, unless in each case executed by the remaining trustees attending such meeting, he shall be considered to have resigned from the board and the board shall, by resolution, declare his office of trustee vacated as ol the date such resolution is adopted. If a vacancy occurs in the office of trustee the vacancy shall be filled, within 60 days after the date ot the vacancy, for the unexpired pumon of the term, in the same manner as the office was previously filled Sec. 35-fi. Board meetings; rules of procedure; proceedings; trustees' compensation. (a) The board shall hold meetings regularly, at least one in each month, and shall designate the time and place thereof. The board shall adopt its own rules of precedure and shall keep a record of its proceedings. All meetings ot the board shall be public. ( b The trustees shall serve without additional compensation lor their services as trustees. Sec. 35-7. Board quorum; voting. Three trustees shall constitute a quorum at any meeting ot the board. Each attending trustee shall be entitled to one vote on each question before the board. At least 3 concurring votes shall be necessary for a decision by the trustees. Sec. 35-H. Board chairman; reti re ment svstem olticers. The board shall elect from its ow n number a chairman and a thai rman pro-tem. (a) "Secretary". The secretary shall be appointed by the board on recommendation ot the personnel department and the board may appoint an administrative otticer. (b) "Treasurer". The city treasurer shall be treasurer of the retirement svstem and the custodian ot its assets. All payments from moneys ot the system shall be made according to charter provisions only upon evidence ot a specific or continuing resolution adopted by tiie board authorizing such payment. (c) "Legal advisor". The city attorney shall be the legal advisor to the board, (d) "Actuary". The board shall appoint an actuary who shall be the technical advisor to the board on matters regarding the operation of the retirement system. He shall perform such other duties as are required of him under this chapter. (e) "Medical director". The board shall appoint as medical director a nhvsi- savings fund as he shall de-1 mand in writing on a form furnished by the board. No refund of accumulated contributions hall be made to a member if he has satisfied the age and service requirements for retirement provided in section 36-14. (b) "Refund of accumulated contributions upon death". Should a member die and no retirement allowance becomes payable by the retirement system on account of his death, except as provided in section 35-23, his accumulated contributions standing to his credit in the members savings fund at the time of his death shall be paid to such person or persons as he shall have nominated by written designation duly executed and filed with the board. If there be no such designated person surviving the member his accumulated contributions shall be paid to his estate or representative, as determined by the board. (c "Payment of burial expense". If a member dies intestate, without heirs, and without having nominated a beneficiary, as provided in subsection b) of this section, his accumulated contributions standing to his credit in the members savings fund at the time of his death may be used to pay his burial expense, not to exceed a reasonable sum to be determined by the board; provided, that he leaves no other estate sufficient for such purpose, (d) "Method of refunding accumulated contributions". The return of a member's accumulated contributions, as provided in this section, may be made in installments, according to such rules and regulations as the board shall from time to time adopt. Sec. 35-27. Members savings fund. (a) The members savings fund, formerly called annuity savings fund, shall be the fund in which shall be accumulated, at regular interest, the contributions deducted from the compensations of members, and from which shall be made refunds and transfers of accumulated contributions, as provided in this chapter. The contributions by a i member to the retirement: system shall be 5 percent of the compensation paid him by the city. (6) "Contributions deducted from pay". The officer responsible for preparing the payroll shall cause the contributions provided in this section to be deducted from the compensation of each member on each and every payroll, for each and every payroll period, so long as he remains a member. Each of such amounts when deducted shall be paid to the retirement system and when so paid shall be credited to the individual members saving fund account of the member from whose compensation such deduction was made. The members' contributions provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be there bv changed. Each member shall be deemed to consent and agree to the deductions made and provided for herein. Payment of his compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for service covered by such payment, except as to benefits provided by the retirement system. (c) A member who is employed in the water department or by the West Palm Beach Golf Commission shall have the right to deposit in the members savings fund such amounts as he would have deposited during the period ol his employment with the West irom me aaie oi termination of such armed service actually required of him, (2 in no case shall more than b years of city service be credited any member for all such armed service rendered by him. In any case of doubt as to the period of such armed service to be credited any member the board shall have final power to determine such period. During the period of such armed service and until his reemployment by the City his contributions to the retirement system shall be suspended and his balance in the members deposit fund shall be accumulated at regularinterest. Sec. 35-14. Voluntary retirement. Any me Tiber 1) with 10 or more years of credited service who has attained his eligible retirement age. or (2) who has at least 30 years of credited service, may retire upon his written application to the board setting forth at what time, not less than 30 days nor more than 90 days subse- ?uent to the execution and iling thereof, he desires to be retired. Upon his retirement he shall receive a retirement allowance provided in section 35-15. Sec. 35-15. Age and service retirement allowance. (a) Upon his retirement, as provided in this chapter, a member shall receive a straight life retirement allowance and he may elect to receive his retirement allowance under an option provided in section 35-17 in lieu of a straight life retirement allowance. His straight life retirement allowance shall consist of: (1) An annuity which shall be the actuarial equivalent of his accumulated contributions standing to his credit in the members savings fund at the time of his retirement. (2) A basic pension of $100 perannum. (3) A membership service pension equal to of 1 per cent (U.75 per cent) of nis average final compensation multiplied by the number of years, and fraction of a year, of his membership service credit; provided, that if his retirement occurs prior to his attainment of age B0 years the total of his membership service pension and basic pension shall not exceed $900 per annum or his annuity, whichever is greater. (4) A prior service pension equal to 1.5 percent of his average final compensation multiplied by the number of years, and fraction of a year, of his prior service credit; provided, that if his retirement occurs prior to his attainment of age 60 years the total of his basic pension, membership service pension and prior service pension shall not exceed $1800 pe r a n n um . (b) A member who after October 1, 18 retires at or after (1) he has acquired at least 30 years of credited service, or (2) he has acquired at least 10 years of credited service and has attained at least age 60 years, his straight lite retirement allowance provided in subsection (a) of this section shall not be less than 1.8 percent of his average final compensation multiplied by the number of years, and fraction of a year, of his prior service credit and contributing service credit. (c In the event a retirant dies before he has received in straight life retirement allowance payments an ag gregate amount equal to out not exceeaing nis accu mulated contributions standing to his credit in the members savings fund at ine time ot nis retirement the ditference between his accumulated contribution and the aggregate amount ot straight lite retirement allowance payments re ceived by him shall be paid to such person or persons as he shall have nominated by written designation duly executed and tiled with the board. If there be no such designated person surviv inK the retirant such differ ence, it any, shall be paid to his legal representative. No benefits shall be paid under this subsection on account ot the death of a retirant if he elected an option provid ed in section 35-17. Sec. 35-1(1. Deterred retire ment. Should any member who nas lit or more years of credited service leave the employ of the city prior to nis eiigioie retirement age (or any reason except his disability retirement or deatn. ne shall be entitled to a retirement allowance computed according to the provisions of section 35-15 as the section was in effect as of the date his city em ployment last terminated: provided, that he does not withdraw his accumulated contributions from the members savings fund. His retirement allowance shall begin 30 days after the date his application for same is hied with the board on or alter his attainment of his eligible retirement age. No service creait snau oe allowed such person for such period of absence from city employment except as is omerwi.se specitically provided in this chapter. During the period of his ab sence from citv emolov ment his balance in the members savings fund shall be accumulated at regularinterest. Sec. 35-17. Retirement al Iowa nee options. (a) Prior to the date of his retirement, but not thereaf ter, any member may elect to receive nis retirement al lowance as a straight life retirement allowance oav able throughout his lite, or he may elect to receive the actuarial equivalent, computed as of the date ot his retirement, of his straight life retirement allowance in a reduced retiremental lowance payable throueh out his life, and nominate a beneliciary, in accordance witn me provisions of od- tion A, B or C set forth be low: Option A. "10 vears certain and life thereafter". Under option A. a retirant shal receive a reduced retire ment allowance payable throughout his life with the provision that U he dies be fore he has recei ved 1 20 monthly retirement allowance payments the payments shall be continued for the remainder of the period of 120 months to such person or persons as the retirant shall have nominated by w ritten designation duly executed and tneo witn ine board. If there be no such designated person surviving the retirant such remaining monthly retirement allowance payments shall be continued to the re-tirant'sestate. Option B. "100 percent survivor allowance". Under option B, also called option II, upon the death ot a retirant nis reduced retirement allowance shall be continued throughout the lite of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the board prior to the date of his retirement. Option C. "50 percent survivor allowance", under option C. also called option III. upon the death of a retirant one-half of his reduced retirement allowance shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he snail have nominated by written designation duly executed and filed with the board prior to the date of his retirement. (b) If a retirant, who elected option B or C provided in subsection (a) of this section, and his beneficiary both die before the total of the retirement allowance payments received by them equals the amount of accumulated contributions standing to the retirant s credit in the members sav illness or disease arising out of and in the course of his actual performance of duty in the employ of the cuy. ana nis aeatn is found by the board to have resulted from his actual perfor mance of duty in the em ploy oi tne city, tne following applicable benetits shall be paid. (1) "Accumulated contributions". The accumulated contributions standing to tne memoer s credit in the members savings fund at the time of his death shall be paid in accordance with the provisions of section 35-26. (2) "Widow s benetits". A pension of one-third of the deceased member's final compensation shall be paid to his widow. A widow's pension shall terminate upon her remarriage or death, and shall be subject to subsection b) of this section and to section 35-24. (3) "Children s benefits while widow is living". If, in addition to a widow, an unmarried child or children under age 18 years also survives the deceased member, each such child shall receive a pension of an equal share of one-fourth of the deceased member's final compensation. Upon a child s adoption, marriage, death, or attainment of age 18 years, whichever occurs first, his pension shall terminate, and the board shall redistribute the shares of one-fourth of the deceased member's final compensation to his remaining eligible children under age 18 years. A child's pension shall be subject to subsection (b) of this section and to section 35-24. (4) "Children's benefits it widow dies or remarries". If the deceased member does not leave a wi-. dow or it his widow dies or remarries before his youngest surviving unmar ned child shall nave at tamed age 18 years, his un married child or children under age 18 years shall each receive a pension of one-rounn ot ine aeceasea members final compensa tion. If there are more than 2 such children surviving the deceased member, each such child shall receive a pension of an equal snare oi one-nan oi tne ae ceased member's final compensation. Upon a child s adoption, marriage death, or attainment of age 18 years, whichever occurs nrst. nis pension snail ter minate. and the board shall redistribute the shares of one-half of the deceased member s final compensa tion to his remaining elitii ble children under age 18 years; provided, that any such child's pension shall not exceed one-fourth of the deceased member's final compensation. A child's pension shall be subject to suosection (0) ot tnis sec tionand to section 35-24. (5) "Dependent parents' oeneius . ii mere is nei ther a widow nor children eligible to receive pensions under this section, surviv ing the deceased member there shall be paid to each nis aepenaem lamer or ae- pendent mother, or both, as tne Doard alter investiga tion shall determine to have been actually depen dent upon the member for at least 50 percent of their financial support, a pension oi one-sixtn oi tne aeceasea member's final compensation. A parent's pension (1) shall terminate upon his or her remarriage or death, (2 shall not exceed $600 perannum, and (3) shall be subject to subsection (b) of this section and to section 35-24. Sec. 35-24. Pensions offset bv compensation benefits Any amounts which may be paid or payable under the provisions oi any work men's compensation to a memDer, retirant or oenen ciary on account of any dis: ability or death, either peri odically or lump sum. shall oe onset against any pen sions payable by the retire ment svstem on account of the same disability or aeatn. in case ine present value ot the workmen's compensation is less than the pension reserve tor the pensions payable bv me retirement svs tern the present value of sucn wommen s comoensa tion shall be deducted from the pension reserve tor sucn pensions and the pen sions shall be payable un der the provisions of this cnapier. Sec. 35-25. Re-examination of disability retirants; return to city employment; adjustment of retirement allowance; etc. (a) 'Cienerally". Once each year during the first 5 years following the retirement of a member with a disability retirement allowance, and at least once in every 3 year period thereafter, the board may, and upon the retirant's application shall, require any disability retirant who has not attained his eligible retirement age to undergo a medical examination to be made by or under the direction of the medical director. Should any such disability retirant refuse to submit to such medical examination in any such period his disability retirement allowance may be discontinued Dy tne board until nis witn drawal of such refusal Should such refusal contin ue for one year his disabili ty retirement allowance may be revoked by the Doard, ii, upon sucn meai cal examination of a dis ability retirant, the medi cal director reports to the board that such retirant is physically able and capa ble of resuming employ ment with the city, and his report is concurred in by the board, such retirant shall be returned to city employment ana nis ais ability retirement allow ance shall be terminated In returning a retirant to city employment, as pro- viaea in mis section, rea sonable latitude shall be a! lowed the city manager in placing him In a position commensurate to his type of work and compensation ai me time ot nis retire ment, (b) "Adjustment of dlsabil Ity pension". If a disability retirant, wno nas not at tained his eligible retirement age, is or becomes en gaged in a gainful occupation, business or employ ment, and the total of his pay or earnings from such occupation, ousiness orem ployment, and the pension yuruun ui nis aisauuuy re tirement allowance ex ceeds his final compensa tion, tne said pension por tion shall be reduced to an amount which together wim me amount so earned by him shall equal his final compensation. Should his earnings be later changed the said pension portion of nis aisaounv retirement ai lowance shall be corre spondinglyadiusted. (c) "Disability retirant returned to city employment." A disability retirant wno returns to city employ ment, as provided in this section shall again become a member of the retirement system. His credited ser vice at the time of his disability retirement shall be restored to full force and effect. He shall be given contributing service credit tor tne period ne was re ceiving a disability retire ment allowance provided in section 3&-2U (0); ne snau not be given service credit for the period he was receiving a disability retirement allowance provided in section 35-22. Sec. 35-26. Refund of accumulated contributions, (a) "Generally ". Should a member, who nas not satisfied the age and service requirements for retirement provided in section 35-14, cease to be an employee of the city, for any reason except his disability retirement or his death, he shall be paid his accumulated contributioni standing to his credit in the member's retirement me am ere nee between his said accumulated contributions and the said total amount of retirement allowance payments shall be paid to the estate of the survivor of the retirant and his beneficiary. Sec. 35-13. Non-duty death retirement allowances. ia Any member, who continues in the employ of the city on or after tne date he acquires 10 years of credited service, may by written declaration filed with the board in the manner and form prescribed by the board, elect option B provided in section 35-17, and nominate a beneficiary whom the board finds to be dependent upon the member for at least 50 percent of his financial support. The election of option B and nomination of beneficiary may be revoked by the member at any time prior to the date of his retirement, and he may prior to the date of his retirement again elect option B and nominate a beneficiary as frovided in this subsection, f any member who has an option B election in lorce dies while in the employ of the city his beneficiary, if living, shall immediately receive a retirement allowance computed according to section 35-17 in the same manner as if the member had (1) retired the day preceding the date of his death, notwithstanding that he might not have attained his eligible retirement age. and (2) elected the said option B. If any member has an option B election in force at the time of his retirement his said election of option B and nomination of beneliciary shall thereafter continue in force unless prior to the date of his retirement he elects to receive his retirement allowance as a straight life retirement allowance or under another option provided in section 35-17. No retirement allowance shall be paid under this subsection on account of the death of a member if any benefits are paid or payable under section 32-23 onaccountof hisdeath. (b) Any member who continues in the employ of the city on or alter tne date he acquired 10 years ol credited service, and does not have an option B election provided in subsection (a) ot this section in force, and (1) dies while in the employ ot the city, and (2) leaves a widow, or in the case ot a female member leaves a widower whom the board finds to be totally and permanently disabled, the widow or widower shall immediately receive a retirement allowance computed according to section 35-15 in the same manner in all respect as it the members had (1) retired the dav preceding the date of his death, notwithstanding that he might not have attained his eligible retirement age. (2) elected option B provided in section 35-17, and (3) nominated his widow or widower as beneficiary. No retirement allowance shall be paid under this subsection on account of the death of a member it anv benetits are paid or payable under section 35-23 on account of his death. Sec. 35-19. Retirement for duty disability. Upon a member becoming totally incapacitated tor duty in the employ of the city as the natural and proximate result of a personal injury or disease ars-ing out of and in the course ot his actual performance of duty as an employee of the city, without wiltul negligence on his part, shall be retired by the board; provided, the medical director, alter a medical examination of such member, shall certity: (1) that such member is mentally or physically totally incapacitated tor the further performance of duty in the employ ot the city, and (2) that such member should be retired; provided further, that the report of the medical director is concurred in by the board. Sec. 35-20. Duty disability benefits. (a) "Retirement after age 60". Upon his retirement at or after his attainment of age 60 years on account of disability, as provided in section 35-19, a member shall receive a disability retirement allowance computed according to section 35-15, notwithstanding that he might not have 10 years of credited service, His disability straight life retirement allowance shall not be less than 18 percent of his average final compensation, and the pension portions of his retirement allowance shall be subject to section 35-24. Prior to the date of his retirement he may elect to receive his retirement allowance under an option provided in section 35-17 in lieu ot a straight life retirement allowance (b) "Retirement before age 60". Upon his retirement prior to his attainment of age 60 years on account of disability, as provided in section 35-19, a member shall receive a disability retirement allowance computed according to section 35 15, subsection (b), notwithstanding that he might not have satisfied the age and service requirements contained therein. In computing his retirement allowance the credited service used shall be the sum of 1) his prior service credit and contributing service credit in force at the date of his retirement, and (2) the number of years, and traction of a year, in the period from the date of his retirement to the date he would attain age 60 years. His retirement allowance shall begin as of the date his application for disability retirement is filed with the board, but not prior to the date of termination of his city employment, and shall be subject to sections 35-24 and 35-25. Until his attainment of age 60 years, or recovery or death prior thereto, his disability retirement allowance shall not be less than 50 percent of his average final compensation. Prior to the date of his retirement he may elect to receive his retirement allowance under an option provided In section 35-17 in lieu of a straight life retirement allowance. Sec. 35-21. Retirement for non-duty disability. Upon a member with 10 or more years ol credited service who becomes totally and permanently incapacitated for duty in the employ of the city, as the result ot a personal injury or disease arising from causes occurring not in the actual performance ol his dutv in the employ of the city, may be retired by the board; provided, that the medical director, after a medical examination ot the member shall certify: (1) that the member is mentally or physically totally incapacitated for the performance of his duty in the employ of the city, and (2) that such incapacity will probably be permanent, and (3i that the member should be retired Sec. 35-22. Non-duty disability benefits. Upon his retirement on account of disability, as provided in section 35-21, a member shall receive a reti re ment allowance computed according to section 35-15. subsection (b), notwithstanding that he might not have satisfied the age p. nd se rvice require ments contained therein. His retirement allowance shall be subject to sections 35-24 and 35-25. Prior to his retirement he mav elect to receive his retirement allowance under an option provided in section 3d-17 in lieu of a straight lite retirement allowance. Sec. 35-23. Death in line of duty benetits. (a) If a member dies as the natural and proximate re The lollowinK words and phrases as used in this chapter, unless a dilterent meaning is clearly mdicat ed by the context, shall have th;- lollowing mean inns: Accumulated cont nbu tions ". The sum ot all amounts deducted Irom the compensations ot a mem ber and credited to his indi vidua! account in the mem bers savings lund, together witn regular interest there on. "Annuity"'. An annual amount, payable throughout the luture lite ot a person, derived Irom the accu mulated contributions ot a member. All annuities shall be paid in equal montniv installments. "Annuity reserve". The present value ol all pay ments to be made on ac count ot anv annuitv. An annuity reserve shall be computed upon the basis ol such mortality table and regular interest as the board shall Irom time to time adopt. "Average tinal compensation ". The average ot the highest annual compensations paid a member oy the citv in any 5 calendar years contained in the period ol his city e m ploy men t pre ceding the lirst day ot the calendar year in which his city employment terminates. II he has less than 5 years ol credited service his average linal compensation shall be the average ol his annual compensations tor his total period ol service, "Beneliciary". Anv person, except a retirant, "who is in receipt ol, or who is designated to receive, a retirement allowance, pension or other benelit payable by the retirementsysiem. uoard ine board ot trustees provided in this chapter. "Compensation". The salary, wages or allowances paid a member by the city tor personal services rendered by hi in to the city. In case a member's compensation includes an allowance not paid in money the city commission shall tix the value ot such allowance. "Contributing service", Membership service rendered by a member to the extend "covered by contributions made by him to the retirement system and standing to his credit in the members savings lund. ' ' C red 1 1 e d se r vice ' . The i number o t years and; months ot service credited j a member bv the board, as1 provided in this chapter. "Eligible retirement age".1 Age 55 years lor male members and age 50 years lor lemale members. "Final compensation ". A member's annual rale ol compensation at the time his employment by the City last terminates. "Member". Any person employed by the City who is included in the membership ot the retirement system. "Membership service". Service rendered alter September 30. 194H. "Pension". An annual amount payable throughout the luture lite ot a person or tor a temporary period, as provided in this chapter, derived Irom money provided by the City. All pensions shall be paid in equal monthly installments. "Pension reserve". The present value ol all payments to be made on account ol any pension. A pension reserve shall be computed upon the basis ol such mortality and other' tables ot experience and regular interest as the board shall Irom time to time adopt. " 1 1 nor si- rvice ' ' . Se rvice rendered prior to Oc tuber 1, Utlti. "Regular interest". Interest at such rate or rates per annum, compounded annu ally, as the Board shall I rum ti me to ti me adopt. "Retirant '. Anv member who retires with a retire ment allowance or pension payable by the retirement svsiem. "Retirement". A member's withd rawal t rom Citv em ployment with a pension or retirement allowance pay able by the retirement system. "Retirement Allowance" The sum ol the annuity and he pension. "Retirement system" or "system ". The City ot West Palm Heat h E mployees Retirement system. "Service". Personal ser vice rendered to the city by an otticer or employee of ine city. I he term "service" shall also include ser vice, tl anv. rendered bv him to the West Palm Beach Water Company pri or to December 1. 1M55" uro vided he was in the employ oi ine water comtmnv No vember 30. WMi. It shall also include service, it anv rendered by him prior to uciooer l, iwiU. as an em ployee ot the West Palm Beach ttoll Commission provided he was in the em piov ot the Golt Comnus sion Septe mber 3(1, IWi. Sec. 35 2. Retirement system continued. The City ot West Palm Beach Employees Retire ment System, created and established etlective October 1. lU4b is herebv conOn ued. Sec. 35-3 Board ot trustees; composition. The general administra tion, management and re sponsibility tor the proper operation ot the retirement system and lor construing and making ettecuve the provisions of this chapter are vesica in a ooaid ot trustees. The board shall consist ot 5 trustees, as lol-lows: U "Ex otticto trustees"; The mayor and the city manager. (bi "Appointed trustee": The city commission shall appoint a citizen w ho is not eligible to receive benelits under the retirement system. (cl "Elected trustee ": Two members ot the retirement system to be elected by the members ol the svstem. The elections shall be held under such rules and regulations as the board shall trom time to time adopt. No ter the system during the city shall appropriate such amount to the credit of the expense fund. Revenue supported departments, boards and commissions of the city shall pay from their revenues their proportionate shares, as determined by the board, of the administrative expenses of the system. Sec. 35-31. Management of assets; investment authority. (a) The board shall be the trustees of the assets of the retirement system. It shall have full power to Invest and reinvest the assets subject to Article XVI, Chapter 63-2035, Special Laws of Florida, li3. passed bv the Florida Legislature and as the same might from time to time be amended or su-pe rseded. (b) The board shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the moneys of the retirement system have been invested, as well as the proceeds of such investments and any moneys belonging to the system. (c) There shall be kept on deposit available cash rot to exceed 5 percent of the total assets of the retirement system. All assets of the system shall be held for the sole purpose of meeting disbursements for retirement allowances and other payments authorized by this chapter and shall be used for no other purpose. (d) The description of the various funds of the retirement system shall be interpreted to refer to the accounting records of the system and not to the segregation of moneys in the funds of the system. Sec. 35-32. Income fund; allowance of regularinterest. (a) The income fund shall be the fund to which shall be credited all interest, dividends and other income derived from investments of the retirement system, all gifts and bequests received by the system, all unclaimed accumulated contributions as provided in this chapter, and all other moneys received by the system the disposition of which is not specifically provided in this chapter. There shall be paid irom the income fund all investment expense and all amounts required to credit regular Interest to the members savings fund, retirement reserve fund and pension reserve fund, as provided In this chapter, whenever the board determines the balance in the income fund is more than sufficient to cover current charges to the fund such excess amount, or any part thereof, may be used to provide contingency re serves or to meet special requirements of the other funds of the system, as the board shall determine. Whenever the balance In the income fund is insufficient to meet the charges to the fund the amount of the insufficiency shall be transferred from the pension reserve fund to the income fund. A member's accumulated contributions transferred from the members deposit fund to the income fund may be paid from the income fund upon claim for same approved by the board. (b The board shall, at the end of each fiscal year, allow and credit regular in terest to each member's account in the members savings fund; such interest to be computed upon the beginning of the fiscal year. The amounts of interest so allowed shall be paid from the income fund Sec. 35-33. Assignments prohibited. (a) The right of a person to an annuity, a pension, a retirement allowance, to the return of accumulated con tnbutions, the annuity, the pension and the retirement allowance useii, any op tional benefit, any other ngni accrued or accruing to any person under the provisions of this chapter, shall be unassignable and shall not be subject to execution, garnishment, at tachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, except as is specifically provided In mis cnapier. (b) If a member is covered by a group insurance or prepayment pian participated in by the city, and should he be permitted to, and elect to, continue such coverage as a retirant, he may authorize the board to have deducted from his pension or retirement allowance the payments required of him to continue coverage under such group insurance or prepayment plan, The city shall have the right of set-off for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary. (c) A member's accumulated contributions that might be returned under subsection (a) of section 35- 2ti may be assignable to a credit union established exclusively for employees of the city; the assignment shall not be applicable to tne return oi a memoer s accumulated contributions under any other provision Ol thiscnapter, Sec. 35-34, Correction ot errors in records Should any change or error in the records result In any person receiving irom the retirement system more or less tnan ne would nave been entitled to receive had the records been correct the board shall correct such error and as far as practicable shall adjust the payment of the benefit in sucn a manner mat tne ac tuarial equivalent of the benefit to which such per son was correctly entitled snail be paid. Sec. 35-35. Additional ap ftropnauon a no tax tor re Ire ment system. From time to time the city commission shall levy, In addition to any and all oth er ad valorem taxes to be levied by the city for other purposes, an ad valorem tax, not to exceed one and one-hall mills upon the taxable property in the city, except homesteads, as denned and exempted by Article X, as amended, ol the Constitution ol Florida, lor the purpose ot providing revenues and funds for the retirement system, and the collections from which shall be specifically appro- f mated and earmarked for he system, except any revenue supported department's participation in the system, and for no other use or purpose. Sec. 3VT Retirement allowances continued. The retire retirement allowance belni paid a retirant or beneficiary as of LEGAL NOTICES NO. SOU Public notice Is hereby given that the undersigned Intends to register with the Clerk of the Circuit Court of Palm Beach County. Florida, pursuant to Section 865.03, Florida Statutes 1967, the fictitious name, to wit: S ANT ANA 'J AM ERA CENTER-STUDIOS under vhich we are engaged in a business at 900 SOUTH MILITARY TRAIL, WEST PALM BEACH, FLORIDA JAM ESM HUMPHREY CYNTHIA W. HUMPHREY Pub.": Nov. 16. 23. 30, Dec. 7. 18. NO. 304K Notice is herebv mven that an order dated November 2o. 19b. has been issued by the undersigned authorizing the name of the gas screw LOAFER III. official number 2i7543. owned by Clare E. McManus, of which West Palm Beach. Fla is the home port, to be changed to MYA III JUiilN r. ABBEY, Documentation Otticer By direction of the Olficer in Charne U.S. Coast Guard, Marine inspection. West Palm Beach. Florida Pub.: November 23. 24. 25. 26. 1968 NO. 3146 NOTICE OF SHEKIFF S SALE NOTICE is hereby given that I, William R. Heidtman, Shenlt of Palm Beach County, by virtue ol Court order No. 27676. issued out ot the County Judge's Court in and tor Palm Beach County. Florida, on the 12th day of November. 1H, have taken charge of the following described property, to-wit: 2u Bicycles (boys and girls) used, in various condition they being declared abandoned property, and wilt sell to the highest bidder tor cash in hdnd the above described abandoned property "AS IS, WHERE IS, AND WITHOUT RECOURSE'' on Thursday. December 5. 196X, at 10:00 o'clock A.M. at the Sheriff s Road Patrol Ottice Building S 1506, Palm Beach County Airport (Southern Boulevard sidel West Palm Beach, Florida. All items will be sold individually or by lot, whichever is in the public interest, at my discretion, and i reserve the right to withdraw from sale all or part of the property. Daled at West Palm Beach. Florida, this 21st day of November, A D. 1968. William R. Heidtman. Sheriff Palm Beach County, Florida By: J.W Hegarty Deputy Shenfl Pub.: November 23, 1968 no. am NOTICE OF INTENTION OF THE C ITY OF RIVIEKA BEACH, FLORIDA, TO ENTER INTO A CONTRACT In accordance with the provisions of the Citv Charter ol the City ot Riviera Beach, Palm Beach County, Flor ida, Public Notice is herebv given that the City ol Riviera Beach, Florida, intends to enter into a contract with GENERALGMC TRUCK SALES & SERVICE, 1126 Belvedere Road, West Palm Beach, Florida, tor the purchase ol one 25-ton tandem (lo-boy trailer and one I960 Diamond T tractor. Model 838 R, in an amount not to exceed $3,Hoo.oo. BY ORDER OF THE CITY COUNCIL, this 21st day of November, 1968, CITY OF RIVIERA BEACH, FLORIDA BY; RoseB.Gerardi City Clerk Pub.: November23,19H8 NO SVM NOTICE OF INTENTION or THE CITY or RIVIKHA BKACH, FUWIDA, TO ENTfcB INTO A CONTRACT In accordance with the provisions ot the City Charter ot the City ot Riviera Beach, Palm Beach County, Florida, Public Notice Is hereby given that the Citv ol Riviera Beach, Florida, intends to enter into a contract with CREATIVE GROUP ADVERTISING ol Miami, Florida, tor 50,iiiki brochures in an amount not to exceed Ji.WHI.WI plus delivery charges. BY ORUKR OK THE CITY COUNCIL OF THE CITY OK RIVIERA BEACH. FLORIDA, dated this 2ls dayot November. lytiH. CITY OK RIVIERA BEACH, FLORIDA BY: RoseB.Gerardi City Clerk Pub.: Novembert,l8 NO.MW NOTICE Or INTENTION or the city or RIVIKHA BKACH, FLORIDA, TOENTfcR INTO A CONTRACT In accordance with the provisions ot the City Charle nl the City ol Riviera Beach. Palm Beach County, Florida, Public Notice Is hereby given that the City ol Riviera Beach. Florida, intends to enter into an agreement with V. K CUSHMAN, INC. ol West Palm Beach, Florida, as agent tor American Home Assurance Company ol New York, New York, lor police protessional liability insurance in the amount ol J.I.4M wi lor the period ol 1 year. BY ORDER OK THE CITY COUNCIL, this the 21st day ol November. 18. CITY OK RIVIEKA BEACH, FLORIDA BY: RoseB.Gerardi City Clerk Pub : November XI. m NO. MM Notice Is hereby given that an order dated November 18, 1WH has been is sued by the undersigned authorizing the name of the oil screw MADELINE II, official number imMi, owned by Paul S. Dopp of which West Palm Beach, Fla. is the home port, to-be changed to ASMEDA HOPE. JOHN P ABBEY. Documentation Officer By direction of the Officer in Charge U S Coast Guard, Marine Inspection West Palm Beach, Florida Pub.: November 21, 22.23. 3S.1968 No. im Public notice Is hereby given that the undersigned Intends to register with the Clerk of the Circuit Court ol Palm Beach County. Florida, pursuant to Section (W5.09. Florida Statutes 197. the fictitious name, to wit: BOCA RATON RUBBER STAMr SERVICE under which we are engaged in a business nt. OFFICE: 4S0 NE ,16th STREET. BOCA RATON. FLORIDA, SHOP: 10N W 11th STREET. BOCA RATON. FLORIDA -s-STUART M.MOULE -s-CYNTHIA B MOULE Pub Nov 9. 16. 23, 30, im. NO.ittM Public notlct Is hereby glvait that the undersigned Intends to register with the Clerk ol the Circuit Court of Palm Beach County, Florida, pursuant to Section WM. Florida Statutes 1M7, the fictitious name to wit: LORRAINE'S POODLE SALON under which I am engaged In a business at 2311 NORTH DIXIE. LAKE WORTH. FLORIDA (signed ) LORRAINE CARTER Pub. : Nov. . H. 23. IM. No. 2987 Public notice is hereby given that thf undersigned Intends to register witl the Clerk of the Circuit Court of Palm Beach County, Florida, pursuant to Section 865 09. Florida Statutes 1967 the fictitious name, to wit: BLUE HERON RESTAURANT under which we are engaged in a business at 345 E BLUE HERON BOULEVARD, RIV1 ERA BEACH. FLORIDA -S-MILLYEW JOHNSTON -s-LAWRENCE V JOHNSTON Pub.: Nov. . 16.23. 30,1968. cian who is not eligible to membership in the retirement system. He shall arrange lor and pass upon all medical examinations required under this chapter. He shall investigate afl essential statements and cer-titicates of a medical nature made by or on behalf ot a member, retirant, or beneficiary in connection with a claim for disability or duty death benetits. He shall report in writing to the board his conclusions on medical matters referred to him by the board, (t) "Protcssiohal and other services". The board may employ such professional and other services as are required for the proper operation of the retirement system. Sec. 35-9. System reports and records; Board adoption ot experience tables and regularinterest, (a The secretary shall keep or cause to be kept such data as shall be necessary tor an actuarial valuation of the assets and liabilities ot the retirement system. The board shall annually render a report to the city commission showing the fiscal transactions of the system for the year ended the preceding September 3D and the system's last balance sheet showing its financial condition by means of an actuarial valuation of its assets and liabilities. (b) The board shall from time to time adopt such mortality and other tables ot experience and a rate or rates of regular interest as are necessary in the operation of the retirement system on an actuarial basis. Sec. 35-10. Membership of retirement system. (a) The membership of the retirement system shall include (1) all officers and employees of the City; and (2) all persons who become olticers or employees ot the city; and (3) all officers and employees ot the West Palm Beach Goll Commission, and all persons who become otficers or employees ot the golf commission; and (4) the municipal judge or judges ot the city ; except as provided in sub-section l b) ot this section. (b) The membership of the retirement system snail not include any person whose service to the city is compensated on a fee or contractual basis, nor any person employed in a part time position normally requiring less than linw hours of work per annum, nor the medical director and the actuary, nor elected officers of the citv, except the municipal judge or judges, nor policemen who are members of the West Palm Beach Police Pension Fund, nor tire-men who are members ot the West Palm Beach Firemen's Pension Fund, nor appointed ofticers who devote less than full time to the city. Sec. 35-11. Termination of membership. Except as otherwise provided in this chapter, should any member separate trom the employ ol the city, for any reason except his retirement or death, he shall thereupon cease to be a member and his credited service at that time shall be forfeited by him. provided however that a member who separates from the employ ol the City tor any reason except nis retirement or death may leave his accumulated contributions on deposit with the pension fund and it he returns to employment with the City within one year from his separation from City employment he shall be restored to his prior credit before his separation provided further that his accumulated contributions may only be left on deposit with the pension fund for a period of one year after which time his accumulated contribution shall be returned to him by the Board and all of his credited time shall be forfeited by him, provided further that he shall receive no credited service for any time that he was not an employee ol the city and his accumulated contributions shall draw no Interest while he Is not an employee of the city. Sec. 35-12. Service credit. In accordance with such rules and regulations as the Board shall from time to time adopt, consistent with the provisions of this chapter, each member shall be credited with the service rendered by him; provided, not more tnan one year of service be credited any member for all service rendered by him in any calendar year. Sec. 35-13. Military service credit. In the event' an employee who. while employed oy the city entered or enters any armed service of the United States Government, and who has been or shall be on active duty in such armed service during time ot war or period of compulsory military service, such armed service actually required of him shall be credited him as city service in the same manner as if he had continued in city employment : provided , that (1) he returns to city em-1 f mm tieacn water compa ny or the golf commission as the case may be, from sepiemoer ju. iwib lo tne date the water department or the golf commission employees, as the case may be, become covered hv thu retirement svstem. Such deposits shall be mane according to sucn rules and regulations as the board shall from time to time adopt, (d) "Transfer of accumu lated contributions". Upon the retirement of a member his accumulated contnbu tions shall be transferred from the members savings tuna to tne retirement re serve fund. At the expira tion of a period of 3 years from the date he ceases to be a member any balance ot accumulated contribu tions standing to his credit in the members savings fund, unclaimed by him or nis legal representative shall be transferred to the income fund; provided that he does not have enti tie ment to a retirement allowance payable by the re- u re ment system. Sec. 35-28. Retirement re serve fund. The retirement reserve fund shall be the fund from which shall be paid all pen sions and retirement allow ances payable as provided in this chapter. Should a disability retirant return to the employ of the city his annuitv reserve shall be transferred from the retire ment reserve fund to the members savings fund and shall be credited to his indi vidua! account therein; and his pension reserve shall be transferred trom the retire ment reserve fund to the Derision reserve fund Sec. 35-29. Pension reserve fund. (a) The pension reserve fund shall be the fund to which shall be credited con tnbutions made by the city to tne retirement svsiem: and from which shall be made transfers as provided in mis section, upon tne oa sis of such mortality and other experience tables, and regular interest, as the board shall from time to time adopt, the actuary snau annually compute tne annuity and pension reserves (1) for retirement allowances being paid retirants and beneficiaries, and (2) covering service rendered and to be ren dered by members. The an nual contributions to be made by the city shall be determined according to paragraphs (1), (2) and (3) of this subsection. The board shall annually certi fy to the city commission the amounts of contributions so deter nined and the city commission shall appropriate and the city shall fay such amounts to the re-irement system. (1) The City's annual appropriation for members' current service shall be a percentage of their annual compensations which will ftroduce an amount which f paid annually by the City during their future service will be sufficient to accumulate the pension re serves, at the time of their retirements, for the nor tions of the pensions to be paid them based upon their luture service. (2) The City's annual ap propnation for members accrued service shall be a percentage o! their annual compensations which will produce an amount which if paid annually by the City over a period of years will amortize ai regular inter est the unfunded pension reserves, if any. for the accrued service portions of ine pensions to oe paid them. (3) The City's annual ap propriation for retirement allowances being paid retirants and beneficiaries shall be a percentage of the annual compensations of members which will produce an amount which if paid annually by the City over a period of years will, amortize at regular inter est the unfunded annuity and pension reserves, if anv. for retirement allow ances being paid retirants ana oeneucianei. more man one elected trustee shall be (rom any one city department, Sec. 35-4. Trustees' terms ot office; oathol office. i (a) The term ol office of the appointed and elected trustees shall be 3 years, one such term to expire annually. The said trustees holding oltice October 1, 1X shall continue to serve as trustees until their respective terms expire. b Each trustee shall, within 10 days after his ap- , poinlment or election, take an oath of office to be ad- , ministered by the City Clerk Sec. 35-5. Board vacancy; how filled. In the event an elected

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