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ORDINANCE NO. 2023-009 Employees working in full-time or part-time regularly established positions who are designated by the Florida Retirement System (FRS) as not eligible for renewed membership and are ineligible to participate in the FRS Investment Plan or Pension Plan are eligible to be placed in the County's defined contribution plan. For eligible employees enrolled in the defined contribution plan, the County shall establish an employer contribution rate equal to the difference between the eligible employee FRS employer contribution rate for the FRS Investment Plan and the ineligible employee FRS employer contribution rate for the FRS investment Plan as determined by the FRS annually. The defined contribution plan is non- contributory for members. Senior Management Service Class (SMSC) employees who hold an eligible position who have completed the necessary form to withdraw from the FRS, will be enrolled in the defined contribution plan. The employer contribution for SMSC employees participating in the County's defined contribution plan will be established by the Board of County Commissioners. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 26th day of May, 2023, for a public hearing to be held on the 6th day of June, 2022, at which time it was moved for adoption by Commissioner Laura Moss , seconded by Commissioner Deryl Loar, and adopted by the following vote: Chairman Joseph H. Earman AYE Vice Chairman Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Deryl Loar AYE Commissioner Laura Moss AYE