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HomeMy WebLinkAbout2009 02 09 Regular 602 First Reading of Ordinance 2009-01 Board Of TrusteesCOMMISSION AGENDA ITEM 602 I Consent I I I Informational I I I Public Hearing I I X February 9, 2009 Regular Meeting MGR. ~'1~ /DEPT. REQUEST: City Manager requesting the Commission to consider approval of first reading of Ordinance 2009-01 to implement the recommendation of the Board of Trustees regarding the payment of pension-related administrative expenses. PURPOSE: This agenda item is needed for the Commission to consider approval of first reading of Ordinance 2009-01 to implement the recommendation of the Board of Trustees regarding the payment of pension-related administrative expenses. CONSIDERATIONS: Per City Code Section 14-51 (c), all costs of the City's pension plan are to be "paid entirely by the City from the General Fund." However, current and past practice has been that expenses related to investment manager fees are paid from the Pension Fund, while administrative expenses such as actuarial services, legal services and investment advisory services (Bogdahn Consulting) are paid from the General Fund. At its January 27, 2009 regular meeting, the Board of Trustees discussed this issue and concluded that ALL costs of the Pension Plan should be paid from the Pension Fund and that the City Code should be amended, accordingly. Thus, the Board voted unanimously to recommend such to the Commission. If the Commission desires to approve this recommendation, an ordinance will need to be adopted to amend the current code and effect said change. That ordinance is attached and includes the following amendment: Sec. 14-51. Adopted. (c) The cost of the plan shall be paid entirely by the city from the general ep nsion fund. Additionally, during the staff's review of this issue, it was discovered that Section 14-51 (a) included outdated language that does not reflect the current plan status. Specifically, Section 14-51 (a) refers to the City providing a "moneypurchase pension plan and trust" for its employees. While the City did in fact previously provide a "money purchase" plan for its employees, this is no longer the case. Thus, the attached Ordinance 2009-01 also includes language to properly update Section 14-51 (a) as follows: Sec. 14-51. Adopted. (a) The City does hereby elect to provide for its employees a m~ey-p~rsk-ase pension plan and trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of Winter Springs, Florida" (hereafter referred to as "the plan"). The plan shall be administered by a board of trustees as appointed in Section 14-52. This amendment will provide consistency with the current plan type/status as well as provide flexibility for future plan changes by simply referencing a "pension plan" as opposed to a specific type of plan (e.g., "money purchase"). FUNDING: Normal Plan administrative expenses (paid currently from the General Fund) total approximately $30,000 annually. In addition to normal Plan costs, expenses have been incurred in the past for various special studies. For example, special studies added approximately $30,000 in costs in FY 2008. RECOMMENDATION: The City Manager recommends that the City Commission approve first reading of Ordinance 2009-01 to incorporate the recommendation of the Board of Trustees regarding payment of pension related expenses and to update Code language related to the plan type to properly reflect the current status. ATTACHMENTS: • Ordinance 2009-O1. COMMISSION ACTION: ORDINANCE N0.2009-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 14-51, OF THE CITY CODE, RELATED TO THE CITY PENSION PLAN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Board of Trustees has recommended to the City Commission that the costs associated with the pension plan be paid from the pension fund; and WHEREAS, this Ordinance also repeals outdated language contained in section 14- 51(a), of the City Code; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, section 14-51 is hereby amended as follows (underlined type indicates additions and ~ type indicates deletions): Sec. 14-51. Adopted. (a) The city does hereby elect to provide for its employees a pension plan and trust, such plan and trust to be known as the "Pension Plan for the Employees of the Ciry of Winter Springs, Florida" (hereafter referred to as "the plan"). The plan shall be administered by a board of trustees as appointed in section 14-52. City of Winter Springs Ordinance No. 2009-01 Page 1 of 3 (b) The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's office and authorizes the mayor and city manager to execute the plan on behalf of the city. The plan maybe amended from time to time by resolution of the city commission. (c) The cost of the plan shall be paid entirely by the city from the gerter~l ep nsion fund. (d) The city shall be bound by the terms and conditions of the plan. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2009-01 Page 2 of 3 JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading:_ Second Reading: Effective Date: City of Winter Springs Ordinance No. 2009-01 Page 3 of 3