§ 62-185. Membership of retirement system; conditions.  


Latest version.
  • (a)

    Eligible members. The membership of the retirement system shall include only those members of the former retirement system established under division 2 of this article who are officers or employees of the city 30 days after the date of passage of the ordinance from which this division derives and who are not members of the retirement system provided for in division 3 of this article. Persons who are officers or employees of the city golf commission on or after August 29, 1996, and persons who become officers or employees of the city or officers or employees of the West Palm Beach Water Company on or after 30 days after the date of passage of the ordinance from which this division derives shall not be members of the retirement system.

    (b)

    Ineligible members. The membership of the retirement system shall not include any person whose service to the city is compensated on a fee or contractual basis, nor any person employed in a part-time, temporary or reasonable (e.g. summer recreation program) position normally requiring less than 1,000 hours of work per annum, nor the medical director and the actuary, nor elected officers of the city, nor persons who are members of the city police pension fund, nor firefighters who are members of the city firefighter's pension fund, nor appointed officers who devote less than full time to the city, nor any officers and employees eligible and electing to participate in the defined contribution retirement system within this article unless otherwise provided in this article.

    (c)

    Re-employment of retired person. A person receiving pension or retirement benefits under the defined benefit system from the city may serve full-time or part-time for compensation in any city office or employment without waiving all such benefits while so serving. Such person shall acquire no further pension rights under the defined benefit system by such re-employment.

    (d)

    Limitation of city's contribution. No officer or employee of the city may simultaneously be a member of two pension and retirement systems of the city, whether established by ordinance or state law, if membership in such systems or plans requires the city to make contributions to both during the same time period. The foregoing limitation shall not preclude an officer or employee from simultaneously being a member of this retirement system and also receiving contributions under subsection 62-134(a)(1)b.

    (e)

    Effect on Social Security benefits. Nothing in this section shall adversely affect participation by city officers and employees in the benefits under Social Security legislation as existing at the time of adoption thereof as provided thereafter by federal or state law, and the city commission may take any valid action deemed necessary or expedient to place city officers and employees in the same status relative thereto as that of comparable officers and employees in private enterprise.

(Code 1979, § 2-314.1.10; Ord. No. 3812-04, § 2, 10-25-2004; Ord. No. 4106-08, § 1, 1-28-2008)