Employees hired on or after May 1, 2010 shall not be eligible for individual employee contracts as set forth in this section. Each eligible employee employed prior to May 1, 2010 shall execute such employee contracts as are required by this section. Failure to execute such contract shall result in the employee being eligible to receive only those minimum benefits provided in Chapters 175 and 185, Florida Statutes. The employee contract shall be in substantially the following form:
(A) As to certified police officer employees:
The employee contract shall be in substantially the following form:
THIS IS A CONTRACT between the CITY of Pembroke Pines, Florida, “CITY” hereinafter, and (EMPLOYEE’S name), “EMPLOYEE” hereinafter,
WITNESSETH:
WHEREAS, CITY is authorized, and EMPLOYEE is required to enter into this Contract in order to be eligible to participate in the CITY’s Firefighters’ and Police Officers’ Retirement System “System” established by Ordinance No. 557 as amended; and
WHEREAS, it is beneficial to both parties to have EMPLOYEE protected by the terms and provisions of the System on the date hereof, and EMPLOYEE is desirous of participating or continuing participation in the System;
IT IS UNDERSTOOD AND AGREED by and between the parties that the EMPLOYEE does hereby allot, out of the Earnings paid to him or her by the CITY 10.4% of his/her Earnings as of April 1, 1991. The EMPLOYEE does hereby authorize and direct the disbursing officer or officers of CITY to retain out of his/her Earnings the percentage or amount such as is required to be in compliance with the terms of this Ordinance.
IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties that the System will accept said allotment or deduction from the earnings of the EMPLOYEE and when under the terms of the Ordinance, EMPLOYEE or other beneficiary of EMPLOYEE shall be entitled to receive the benefits from the Fund, and the System will pay said sum or sums from the Fund and all other benefits so authorized to the EMPLOYEE or beneficiaries, in accordance with the terms of Ordinance, without diminution or deduction.
IT IS UNDERSTOOD AND AGREED that this Contract shall remain in full force and effect without change, and that the percentage of allotment of, or deduction from the EMPLOYEE’S earnings on the date hereof shall not be changed, provided, EMPLOYEE understands and hereby agrees to waive, for now and in the future, the right to bargain a reduction in the benefits provided by the System on the date hereof in exchange for other employment benefits, in the event that a future ratified collective bargaining agreement results in changes to the System.
IT IS FURTHER UNDERSTOOD AND AGREED that it is the intent of the parties hereto to create vested rights in the respective parties not to be hereinafter impaired except as expressly provided for in this Contract.
IT IS FURTHER UNDERSTOOD AND AGREED that the terms of the Ordinance establishing the System, as it exists on the date hereof, is declared to be a part of this Contract and this Contract shall be construed with reference thereto.
IN WITNESS WHEREOF, the parties hereto caused these presents to be executed, signed and dated.
EMPLOYEE DATE
CITY DATE
(B) As to certified firefighter EMPLOYEES:
The employee contract shall be in substantially the following form:
THIS IS A CONTRACT between the CITY of Pembroke Pines, Florida, “CITY” hereinafter, and (EMPLOYEE’S name), “EMPLOYEE” hereinafter,
WITNESSETH:
WHEREAS, CITY is authorized, and EMPLOYEE is required to enter into this Contract in order to be eligible to participate in the CITY’s Firefighters’ and Police Officers’ Retirement System “System” established by Ordinance No. 557 as amended; and
WHEREAS, it is beneficial to both parties to have EMPLOYEE protected by the terms and provisions of the system on the date hereof, and EMPLOYEE is desirous of participating or continuing participation in the system;
IT IS UNDERSTOOD AND AGREED by and between the parties that the EMPLOYEE does hereby allot, out of the Earnings paid to him or her by the CITY, 10.4% of his/her Earnings as of April 1, 1991. The EMPLOYEE does hereby authorize and direct the disbursing officer or officers of CITY to retain out of his/her earnings the percentage or amount such as is required to be in compliance with the terms of this Ordinance.
IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties that the System will accept said allotment or deduction from the earnings of the EMPLOYEE and when under the terms of the Ordinance, EMPLOYEE or other beneficiary of EMPLOYEE shall be entitled to receive the benefits from the Fund, and the System will pay said sum or sums from the Fund, and all other benefits so authorized to the EMPLOYEE or beneficiaries, in accordance with the terms of this Ordinance, without diminution or deduction.
IT IS FURTHER UNDERSTOOD AND AGREED that this Contract shall remain in full force and effect without change, and that the percentage of allotment of, or deduction from the EMPLOYEE’S earnings on the date hereof shall not be changed, provided, EMPLOYEE understands and hereby agrees to waive, for now and in the future, the right to bargain a reduction in the benefits provided by the System on the date hereof in exchange for other employment benefits, in the event that a future ratified collective bargaining agreement results in changes to the System.
IT IS FURTHER UNDERSTOOD AND AGREED that it is the intent of the parties hereto to create vested rights in the respective parties not to be hereinafter impaired except as expressly provided for in this Contract.
IT IS FURTHER UNDERSTOOD AND AGREED that the terms of the Ordinance establishing the System, as it exists on the date hereof, is declared to be a part of this Contract and this Contract shall be construed with reference thereto.
IN WITNESS WHEREOF, the parties hereto caused these presents to be executed, signed and dated.
EMPLOYEE DATE
CITY DATE
(C) In addition to the specific contract requirements set forth in divisions (A) and (B) above, each employee is responsible for designating beneficiaries as prescribed by the Plan. Furthermore, an employee’s execution of the aforementioned contract constitutes acceptance of the terms and conditions of the retirement system, including an initialing of any declaration of ineligibility for disability benefits.
(‘69 Code, § 5-154) (Ord. 557, passed 2-19-81; Am. Ord. 967, passed 9-19-91; Am. Ord. 1014, passed 11-4-92; Am. Ord. 1198, passed 12-18-96; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1443, passed 6-18-03; Am. Ord. 1480, passed 3-17-04; Am. Ord. 1669, passed 8-4-10)