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Sec. 23-78. Board of trustees. |
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(a)
The sole and exclusive administration of and responsibility for
the proper operation of the system and for making effective the
provisions of this article are hereby vested in a board of trustees. The
board of trustees is hereby designated as the plan administrator. The
board of trustees shall consist of five (5) trustees, two (2) of whom,
unless otherwise prohibited by law, shall be legal residents of the
municipality, who shall be appointed by the Melbourne City Council, and
two (2) of whom shall be full-time members of the system, who shall be
elected by a majority of the firefighters who are members of the system.
The fifth trustee shall be chosen by a majority of the previous four (4)
trustees as provided for herein, and such person's name shall be
submitted to the Melbourne City Council. Upon receipt of the fifth
person's name, the Melbourne City Council shall, as a ministerial duty,
appoint such person to the board of trustees as its fifth trustee. The
fifth trustee shall have the same rights as each of the other four (4)
trustees appointed or elected as herein provided and shall serve a
two-year term unless he sooner vacates the office. Each resident trustee
shall serve as trustee for a period of two (2) years, unless he sooner
vacates the office or is sooner replaced by the Melbourne City Council
at whose pleasure he shall serve. Each member trustee shall serve as
trustee for a period of two (2) years, unless he sooner leaves the
employment of the city as a firefighter or otherwise vacates his office
as trustee, whereupon a successor shall be chosen in the same manner as
the departing trustee. Each trustee may succeed himself in office. The
board of trustees shall meet at least quarterly each year. The board
shall be a legal entity with, in addition to other powers and
responsibilities contained herein, the power to bring and defend
lawsuits of every kind, nature, and description.
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(b)
The trustees shall, by a majority vote, elect a chairman and a
secretary. The secretary of the board shall keep a complete minute book
of the actions, proceedings, or hearings of the board. The trustees
shall not receive any compensation as such, but may receive expenses and
per diem as provided by law.
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(c)
Each trustee shall be entitled to one vote on the board. Three (3)
affirmative votes shall be necessary for any decision by the trustees at
any meeting of the board. A trustee shall have the right to abstain from
voting as the result of a conflict provided that the trustee complies
with the provisions of F.S. § 112.3143.
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(d)
The board shall engage such actuarial, accounting, legal, and
other services as shall be required to transact the business of the
system. The compensation of all persons engaged by the board and all
other expenses of the board necessary for the operation of the system
shall be paid from the fund at such rates and in such amounts as the
board shall agree. In the event the board chooses to use the city's
legal counsel, actuary or other professional, technical or other
advisors, it shall do so only under terms and conditions acceptable to
the board.
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(e)
The duties and responsibilities of the board shall include, but
not necessarily be limited to, the following:
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(1)
To construe the provisions of the system and determine all
questions arising thereunder.
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(2)
To determine all questions relating to eligibility and membership.
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(3)
To determine and certify the amount of all retirement allowances
or other benefits hereunder.
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(4)
To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications and all matters required
to administer the system.
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(5)
To distribute to members, at regular intervals, information
concerning the system.
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(6)
To receive and process all applications for benefits.
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(7)
To authorize all payments whatsoever from the fund, and to notify
the disbursing agent, in writing, of approved benefit payments and other
expenditures arising through operation of the system and fund.
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(8)
To have performed actuarial studies and valuations, at least as
often as required by law, and make recommendations regarding any and all
changes in the provisions of the system.
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(9)
To perform such other duties as are required to prudently
administer the system.
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(Ord. No. 95-45, § 1, 9-26-95; Ord. No.
2000-27, § 3, 4-11-00) |
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