§ 54-170. Applicable law.

(a)

The plan will be construed and enforced according to the laws of the state and all provisions of the plan will be administered according to the laws of said state. To the extent that any provision of the City of Port Orange General Employees' Defined Benefit Retirement Plan is in conflict with the provisions of F.S. §§ 112.61 through 112.67, as they may be amended from time to time, the provisions of F.S. §§ 112.60 through 112.67 shall prevail and the retirement committee is hereby delegated the authority to adopt written rules and regulations in order to comply with F.S. §§ 112.60 through 112.67, which rules shall be considered part of the City of Port Orange General Employees' Defined Benefit Retirement Plan.

(b)

The applicable provisions of federal and state law now existing or as they may exist in the future are incorporated herein by reference, except for provisions of applicable law which are permissive or not preemptive and not authorized herein. The retirement committee is authorized to adopt written rules setting forth the specifies of applicable mandatory provisions of federal and state law as they now exist or may exist in the future, and is authorized in its administrative practices to comply with applicable mandatory provisions of federal and state law as they now exist or may exist in the future. Applicable mandatory provisions of federal and state law include, but are not limited to, the following:

(1)

Applicable provisions of the Internal Revenue Code, including, but not limited to, sections 401(a)(17) and 415 of the Internal Revenue Code.

(2)

Uniformed Services Employment and Reemployment Rights Act (USERRA) relating to military service.

(3)

F.S. chapter 61, including, but not limited to, income deduction orders.

(4)

F.S. § 112.3173 relating to forfeiture of retirement benefits.

(5)

F.S. chapter 112, part III, (F.S. §§ 112.311 through 112.326) relating to the code of ethics for public offices and employees.

(6)

F.S. chapter 112, part VII (F.S. §§ 112.60 through 112.67), cited as the "Florida Protection of Public Employee Retirement Benefits Act."

(7)

F.S. § 12.661 [112.61] relating to investment policies.

(8)

F.S. chapter 119 relating to public records.

(9)

F.S. §§ 215.47(1) through (8), (10) and (16) concerning authorized investments.

(10)

F.S. § 286.0105 relating to notices of meeting and hearings.

(11)

F.S. § 286.011 relating to public meetings.

(12)

F.S. § 286.012 relating to voting requirements.

(Ord. No. 2003-27, § 1, 7-15-03; Ord. No. 2009-1, § 10, 2-17-09)