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Home My WebLink About02-021~~~~i~ ~~n ~i~ ~ ~ ~ ~M JCL ORDINANCE NO. 02-21 AN ORDINANCE AMENDING SECTION 1-2-16 (TERMINAL INCENTIVE PAY OF ACCUMULATED AND UNUSED SICK LEAVE) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND SUBSECTION 1- 2-16 TO DELETE THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY AND AMEND THE NUMBER OF REQUIRED YEARS OF CREDITABLE COUNTY EMPLOYMENT FOR TERMINAL INCENTIVE PAY OF ACCUMULATED AND UNUSED SICK LEAVE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1-2-16 (Terminal incentive pay for the accumulated and unused sick leave) of the Code of Ordinances and Compiles Laws of St. Lucie County, Florida, provides for employees who leave County employment in good standing after ten (10) ~r- years of creditable county employment to receive terminal incentive pay for accumulated and unused sick leave. 2. Section 1-2-16(a) includes employees of the St. Lucie County Port and Airport Authority in the definition of "county employees of St. Lucie County". 3. The St. County Port and Airport Authority was abolished by the Florida Legislature pursuant to Chapter 98-497, Laws of Florida. 4. The ten (10) year service requirement set forth in Section 1-2-16(f) was intended to correspond to the vesting period requirement under the Florida Retirement System. 5. The 2000 Florida Legislature lowered the vesting period under the Florida Retirement System to from ten (10) years to six (6) years. 6. It is appropriate to amend Section 1-2-16 to delete the reference to the St. Lucie County Port and Airport Authority and lower the required period of credible county employment from ten (10) years to six (6) years. S~e~ words are deleted; underlined words are added. =fir ~~~ ~ rip omz ~ z a. z m co ate= •• Qo o m r- c• -s ~ ~••y rv z csi ~ r•.~ . O G C~ r•J r_n r- 00 ~ o .~ 0 o T, ~~ o m o~ H F-` ?~ U'1 C7 .~ c ~~ -a "Tl ~n c~ o m c ~~ ..~, ~' C~ H Z C n H m n 0 c z --~ ~'b ~,u1 t .~,~y NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2-16 (TERMINAL INCENTIVE PAY FOR ACCUMULATED AND UNUSED SICK LEAVE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Section 1-2-16 (Terminal incentive pay for accumulated and unused sick leave) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended to read as follows: Sec. 1-2-16. Terminal incentive pay for accumulated and unused sick leave. (a) The term "county employees of St. Lucie County" as used in this section shall include all employees of the following: (1) Board of County Commissioners; , (~ ~ St. Lucie County Erosion District; {4} ~ St Lucic County Mosquito Control District. (U) All county employees of St. Lucie County shall be entitled to terminal incentive pay for accumulated and unused sick leave to each employee upon normal or regular retirement or termination of employment after A) six 6 years creditable county employment, or for other reasons other than disability, and to his beneficiary if service is terminated by death, after ten (~8) six 6 years of creditable county employment. (c) The employing agency shall maintain accurate and reliable records showing the amount of sick leave which has accumulated and is unused by the employee at the time of his retirement, death or termination. (d) The payment authorized by this section shall be determined by using the rate of pay received by the employee at the time of his retirement, termination or death applied to the sick leave time for which he is qualified to receive terminal "incentive" pay under this section; provided, however, terminal pay allowable for unused sick leave shall not exceed a maximum of s(6A}~ys four hundred eighty (480) hours for employees with ten (10) or more years of creditable county employment and two hundred forty (240) hours for employees with six or more but less than ten (10) years of creditable county employment. 2 0 0 0 -~ c~ m 0 &~~ words are deleted; underlined words are added. J `.- ' (e) The payments made pursuant to this section shall not be considered in any state administered retirement system as salary payments and shall not be used in determining the average final compensation of an employee in any state administered retirement system. (~ Any employee who is found guilty in a court of competent jurisdiction of committing, aiding or abetting any embezzlement or theft from his employer or bribery in connection employment committed prior to retirement or *°^ ~' n ~~°°r° ^^~^' creditable termination as provided in Subsection 1-2-16(b), whose employment is terminated by reason of his admitted committing, aiding or abetting of an embezzlement or theft from his employer or by reason of bribery for cause, who, prior to gal creditable termination or retirement termination as provided in Subsection 1-2-16(b), is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees shall forfeit all rights and benefits under this section. Any employee whose employment terminates as a result of an act committed subject to this section or for cause will not be given credit for unused sick leave accumulated prior to termination should he be reemployed at a later date. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. 3 0 0 0 m #~e~ words are deleted; underlined words are added. This ordinance shall take effect on October 1, 2002. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward AYE Vice Chairman Cliff Barnes ABSENT Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Commissioner John D. Bruhn AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 18 day of June, 2002. BOARD OF COUNTY COMMISSIO1y~ILg ATT ST. LUCIE CO TY FLORIDA BY: ~. eputy Clerl~' ; - ~~ Chairma ~\ . ~'`~~ '~;.'' ` - = ~ APPRO AS TO FORM AND ~._ ~ ~'~ ~ .... CO NE S r. c~ - ~~~ ,- BY: County Attorn 0 0 0 ~, T m r••~ &~~gl~ words are deleted; underlined words are added.