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Home My Public Portal About2005-15 An Emergency Ordinance Amending Chapter 23 RetirementEMERGENCY ORDINANCE NO. 2005-15 AN EMERGENCY ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA BY AMENDING CHAPTER 23 "RETIREMENT" AT SECTION 23-35 "CONTRIBUTIONS" TO SET THE EMPLOYEE CONTRIBUTION RATE AT 10.5%; PROVIDING FOR DESCRIPTION OF THE EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Division of Retirement has advised the Village of Key Biscayne ("Village") that in order to continue to qualify for receipt of premium tax money from the State it is necessary to amend its Police Officers and Firefighters Retirement Plan ("Plan") to set the employee's contribution rate at 10.5 percent; and WHEREAS, the Village Council finds that an emergency exists in that the Division of Retirement will withhold the Village's premium tax money if the amendment is not adopted by September 30, 2005; and WHEREAS, the Village Council desires to continue to receive the premium tax money from the State of Florida to fund the Plan; and WHEREAS, the Village Council finds that it is in the best interest of the Village and its employees to amend the Plan. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. Section 23-35 "Contributions" of Chapter 23 "Retirement" of the Village Code is hereby amended to read as follows:' Sec. 23-25. Contributions. (a) Member contributions. (1) Amount. Effective October 1, 2000. each Member of the System shall be required to make regular contributions to the Fund in the amount of 10.5 percent of the Member's Salary. Front the -Effective -Date -thrower September shall-be-adjusted-eaeh-year-thereafterto-arr amount -equal -to -the -tot -al -east -for the amount of revenue rcceivcd fiom the State pursuant to P.S. chs. 175 and be less than eight percent of Salary. Each year after September 30, 2000 in which the Member contribution rate is eight percent of Salary and the total of such rate plus the State contribution exceeds the total cost for the year (as shown by the most recent actuarial valuation of the System) such excess shall be contributed to the Share Plan. Member contributions withheld by the Village on behalf of the Member shall be deposited with the Board at least monthly. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to § 414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. (2) Method. Such contributions shall be made by payroll deduction. (b) State contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Police Officer or Firefighters of the Village shall be deposited in the Fund comprising part of this System immediately and under no circumstances more than five days after receipt by the Village. (c) Village contributions. So long as this System is in effect, the Village shall make contributions to the Fund in an amount equal to the difference in each year between the total aggregate Member contributions for the year, plus State contributions for such year that are not contributed to the Share Plan, and the total cost for the year, as 1 / Proposed additions to the existing Village Code text are indicated by underline; proposed deletions from the existing Village Code text are indicated by strikethrotrgh. shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability in accordance with the requirements of F.S. ch. 112. (d) Other. Private donations, gifts and contributions shall be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources shall be used to reduce Member contributions. Section 3. Description of Emergency. The Village Council finds that an emergency exists in that the Division of Retirement will withhold the Village's premium tax money if the amendment is not adopted by September 30, 2005. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion In The Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall take effect retroactive to October 1, 2000, upon passage by the Village Council on emergency reading. PASSED AND ADOPTED on emergency reading this 27`'' day of September, 2005. 3 .4,19 66etdavl MAYOR ROBERT OLDAKOWSKI ATT7g4/A CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE A TORNEY 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OCTELMA V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING FOR NOV. 22, 2005 in the XXXX Court, was published in said newspaper in the issues of 11/11/2005 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement iblication in the said newsp Sworn to and subscribed before me this 11 day of NOVEMBER (SEAL) , A.D. 2005 Cheryl H Manner OCTELMA V. FERBEYRE p allyNltiOmmrfimssria+ DD338559 ‘a. July 18, 2008 VILLAGE OP KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered oh Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, NovemberS2, 2005 at 7:00 p.m., in the Council Chamber, located at 560 Crandan Boulevard, Key Biscayne, Florida: - - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA+ AMENDING CHAPTER 30 "'z NG" OF THE CODE OF KEY BISCAYNE, FLORIDA BY AMENDING DEFINITIONS; AMENDING' PERMITTED AND CONDITIONAL USES; AMENDING DEVELOP MENT REGULATIONS INCLUDING, BUT NOT ,LIMITED TO, HEIGHT, SETBACK AND -FLOOR AREA-AATIO PERFORMANCE STANDARDS; AMEND i SUPPLEMENTAL REG; ULATIONS PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING OFF-STREET PARKING R AMENDING NONE' RESIDENTISk ;FANCY SIGN ; PROVIDING FOR SEVEN = ; vPilcivtaina IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. '�• 'AN ORDINO** AMENDINGTrHE CODE VILLAGE 6P I P.YDISCAYNE, FLORIDA 23 "RETIREMENT' AT SECTIOW2345 THE EMPLOYEE CONTRIBUTION- RA THAT THIS ORDINANCE SHALL S ORDINANCE NO. 2005-15; PROVIDING ,VIDING FOR INCLUSION IN THE EFFECTIVE DATE. ORDINANCES OF mg MENDING CHAPTER. "TO SET AT 10.5%; PROVIDING RCEDE ' EMERGENCY SEVERABILITY; PRO - AND PROVIDING AN The proposed Ordinances may be inspected by the public at the Office of. the Village Clerk. Interested parties may ap$ar at the Public Hearing and' be heard with respect to theproposed Ordin . Any person -wishing to address the Village Council on any item at Ss Public Hearing is asked to register with the Village Clerk prior to that itefh being heard. In accordance with the .Americans With. $isabilifies Act of 1990, all' persons who are disabled and who needelspedai. ac comniodations. to participate in this proceeding because of that itsabilitrshoukl contact the Office of the Village Clerk, 88 West' Mc Street; Suite 220; Key Biscayne, Florida 33149, telephone nu (305) 365-5506, not later than two business days prior to such p ng. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the 11/11 hearing. Conchita H. Alvarez, CMC Village Clerk 05-4-07/605726M