HomeMy WebLinkAbout2023-009ORDINANCE NO. 2023- 009
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.03
(RETIREMENT SYSTEM) AND CREATION OF SECTION 104.03.1
(DEFINED CONTRIBUTION PLAN) OF CHAPTER 104 (HUMAN
RESOURCES) TO MODIFY THE COUNTY RETIREMENT BENEFITS;
AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest
broad home rule powers in counties to enact ordinances, not inconsistent with general or
special law, for the purpose of protecting the public health, safety and welfare of the
residents of the county. The Indian River County Board of County Commissioners
specifically determines that the enactment of this ordinance is necessary to protect the
health, safety and welfare of the residents of Indian River County.
Section 2. Amendment of Section 104.03 (Retirement system) and creation of
section 104.03.1 (Defined Contribution Plan) of Chapter 104 (Human Resources) of
the Code of Indian River County, Florida.
New language indicated by underline, and deleted language indicated by StFikethFO g -h
Section 104.03 (Retirement system) of Chapter 104 (Human Resources) of the Code of
Indian River County, Florida is amended and section 104.03.1 (Defined Contribution Plan)
of Chapter 104 (Human Resources) of the Code of Indian River County, Florida, is hereby
created to read as follows:
CHAPTER 104. — HUMAN RESOURCES.
Section 104.03. — Retirement system.
Except as set forth in section 104.03.1 below, or as prohibited by statute, employees
Ernpleye working in full-time or part-time regularly established positions have
membership in the Florida Retirement System (FRS). FRS is contributory for members;
contributions are also made on behalf of the members by the sOURty County.
Section 104.03.1. - Defined Contribution Plan.
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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
ORDINANCE NO. 2023-009
The Chairman thereupon declared the ordinance duly passed and adopted this6 th day
of June, 2023.
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By: -
Dep Clerk
BOARD OF CotjNTY...,,.,,,
C/o
COMMISSIONERS OF INDIAI�.i1i'7I !!Fqs`•.
COUNTY, FLORIDA
By. Jo H. Earm , Chairm
•; 9yRIVER COv���
This Ordinance was filed with the Department of State on the '3th day o, 2023.
p,pP�-rJOVED AS TO FORINA
A ,110 i.E,C,fiL UF=F iC;IENCY
BY
C;OUN i �,' 1+-1-TOBNEY
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