First Reading

Agenda Item
Meeting of 8/30/21

ORDINANCE 2021

AN ORDINANCE OF THE CITY OF NAPLES, FLORIDA, AMENDING CHAPTER 29,

PERSONNEL, ARTICLE IV, FIREFIGHTERS’ PENSION AND RETIREMENT SYSTEM;
DIVISION 3, MEMBERSHIP AND BENEFITS, SECTION 29-231, CONTRIBUTIONS,
SECTION 29-232, REQUIREMENTS FOR RETIREMENT; AND SECTION 29-235,
SEPARATION FROM MUNICIPAL SERVICE; REFUNDS, CODE OF ORDINANCES,
CITY OF NAPLES, FLORIDA, TO ALLOW OPTIONAL PARTICIPATION OF THE FIRE
CHIEF, TO PROVIDE FOR PAYMENT OF BENEFITS UPON REEMPLOYMENT OF
RETIRED MEMBERS, AND TO PROVIDE FOR CONTINUED PAYMENT OF BENEFITS
UPON REEMPLOYEMENT OF RETIRED MEMBERS; DIRECTING THE CITY CLERK
TO FILE A COPY OF THIS ORDINANCE WITH THE FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES, DIVISION OF RETIREMENT; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND
PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council desires to clarify provisions of the Firefighters Pension and
Retirement System relating to the optional participation by the Fire Chief in
accordance with Chapter 175, Florida Statutes, and relating to the
reemployment of retired members in accordance with Internal Revenue
Service regulations.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

NAPLES, FLORIDA:

Section 1. That Section 29-231, Code of Ordinances, City of Naples, Florida, is

hereby amended to read as follows (with underlining indicating
additions and strikethrough indicating deletions):

Chapter 29 – PERSONNEL

...

ARTICLE IV. – FIREFIGHTERS’ PENSION AND RETIREMENT SYSTEM

...

DIVISION 3. – MEMBERSHIP AND BENEFITS

Sec. 29-231. – Contributions.

The retirement trust fund created in section 29-231 shall be maintained in the
following manner:
(1) Contributions to the firefighters' pension and retirement trust fund
shall be deducted in the amount of five percent from the salary of
each firefighter hired prior to June 1, 2013, and three percent from
the salary of each firefighter hired on or after June 1, 2013, so long
as such firefighter shall be employed by the city. Any firefighter who
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enters the service of the city after the effective date of the ordinance
from which this section derives shall be required to participate in the
plan as a condition of employment, except for the firefighters first
entering service of the city at the rank of fire chief, who upon
appointment to that position, may make an election to participate in
this plan or another retirement plan which does not require a greater
contribution by the city; provided, however, a fire chief any officer
who elects to participate in any other retirement pension plan shall
not be entitled to receive any benefit under F.S. Ch. 175 for any
service rendered while a participant in such other retirement pension
plan. Notwithstanding any section in this article, any firefighter may
contribute to a voluntary deferred compensation (IRC section 457)
plan and may, if eligible, participate in the defined contribution
supplemental retirement plan established by article III, division 4, of
this chapter, in addition to participating in this plan. If the employer
agrees to assume and pay member contribution in lieu of direct
contributions by the member, such contributions shall accordingly be
paid into the fund in behalf of the members. No member subject to
such agreement shall have the option of choosing to receive the
contributed amounts directly instead of having them paid by the
employer directly to the fund. All such contributions by the employer
shall be deemed and considered as part of the member's
accumulated contributions and subject to all sections of this plan
pertaining to accumulated contributions of members. The intent of
this language is to comply with section 414(h)(2) of the Internal
Revenue Code.

Section 2. That Section 29-232 of the Code of Ordinances, City of Naples,

Florida, is hereby amended to read as follows (with underlining
indicating additions and strikethrough indicating deletions):

Chapter 29 – PERSONNEL

...

ARTICLE IV. – FIREFIGHTERS’ PENSION AND RETIREMENT SYSTEM

...

DIVISION 3. – MEMBERSHIP AND BENEFITS

Sec. 29-232. – Requirements for retirement.

...

(11) To the extent permitted under the Internal Revenue Code with
regard to in-service distributions, the benefits otherwise payable
under this Section to a retired firefighter who has reached the age
and/or service requirements for normal retirement under this
Ordinance 2021- Page 3

Section shall not be suspended or reduced merely on account of

any re-employment of the retired firefighter by the City.

Section 3. That Section 29-235, of the Code of Ordinances, City of Naples,

Florida, is hereby amended to read as follows (with underlining
indicating additions and strikethrough indicating deletions):

Chapter 29 – PERSONNEL

...

ARTICLE IV. – FIREFIGHTERS’ PENSION AND RETIREMENT SYSTEM

...

DIVISION 3. – MEMBERSHIP AND BENEFITS

...

Sec. 29-235. - Separation from municipal service; refunds; reemployment.

...

(g) A retired firefighter who has reached the age and/or service
requirements for normal retirement and is reemployed by the city as a full-
time firefighter shall continue to receive his/her monthly retirement benefit
during the period of reemployment. Upon reemployment, such firefighter
shall participate in the firefighters' retirement trust fund as a new member
and earn a second benefit in accordance with provisions of this
subsection, except as otherwise provided in this Article IV. Upon
subsequent retirement with at least eight years of credited service
following reemployment, such firefighter shall be entitled to receive a
second monthly benefit. The benefit earned during the second period of
employment shall be based on average final compensation and the plan
provisions in effect at the time of the subsequent retirement.

Section 4. Upon adoption, the City Clerk is directed to file a copy of this
Ordinance with the Division of Retirement of the Florida Department
of Management Services.

Section 5. If any word, phrase, clause, subsection, or section of this ordinance

is for any reason held unconstitutional or invalid, the invalidity thereof
shall not affect the validity of any remaining portions of this
ordinance.

Section 6. That all sections or parts of sections of the Code of Ordinances, all
ordinances or parts of ordinances, and all resolutions or parts of
Ordinance 2021- Page 4

resolutions in conflict herewith, be and the same are hereby repealed

to the extent of such conflict.

Section 7. That this ordinance shall take effect immediately upon adoption at
second reading.

APPROVED AT FIRST READING AND PUBLIC HEARING THIS 30TH DAY OF AUGUST
2021.

SCHEDULED FOR SECOND READING AND PUBLIC HEARING IN OPEN AND

REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA
THE 15TH DAY OF SEPTEMBER 2021.

Attest:

Patricia L. Rambosk, City Clerk Teresa Heitmann, Mayor

Approved as to form and legality:

Prepared by outside counsel / CA waived approval

City Attorney
Date filed with City Clerk:_______________