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HomeMy WebLinkAboutO-11927J-00-286 4/19/00 It927 ORDINANCE NO. • AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLES IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PENSION AND RETIREMENT PLAN", PROVIDING THAT CERTAIN EMPLOYMENT CATEGORIES SHALL BE PERMITTED TO REJECT MEMBERSHIP IN THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST UNDER CERTAIN CIRCUMSTANCES, AND SETTING FORTH CONDITIONS; MORE PARTICULARLY BY AMENDING SECTION 40-250; CONTAINING A , REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby, adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 40/Article IV/Section 40-250, of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ "Chapter 40 PERSONNEL 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11927 • L-1 ARTICLE IV. Pensions and Retirement Plan Division 3. City of Miami General Employees' and Sanitation Employees' Retirement Trust Sec. 40-250. Right of certain persons to reject membership. Those persons employed in the following positions shall have the right to reject membership in the retirement plan within one year from the effective date of, this ordinance or within one (1) year from their respective commencements of employment or appointment, with the city, subject to performance of the conditions set forth in paragraphs (1) and (2) below, within the aforesaid time period: city manager, city attorney, city clerk, assistant eity manager, chief deputy city attorney, deputy city attorney, assistant city attorney, technical: s%.rviceS administrater, exeeut ' V - assistant city clerk, and those employees identified by the city administration as employed in the executive service of the city. executive sem beard, essistant executive secretary department,and zening beard, assistant executive secretary ef the planning beard, directer ef a department established by the Charter ef the city er by erelinanee as autherize by such Charter, assistant direeter ef a 1aber r-e-latiens effieer,assis' ,-,'- l ber sedans e f f i eer, cable cemmunie a t i en—u-dfflinis t r a t ewassistant te the city manager !I!, assistant te t1ae city manager 11, legislative aelfflinistrater. Except fer the eity manager, assistant city fRanagers and assistants te the city manager, meFfiberslaip in the retirement plan shall pesitiens after March 31, . The conditions upon which membership in the retirement plan may be rejected by any person employed in any of the foregoing positions shall be as follows: (1) Submission to the commission of a written trust agreement wherein the employee rejects membership in the retirement plan and wherein provision is made for the city to contribute moneys on behalf of such employee to a public fund designated by 1.927 Page 2 of 6 the employee and contribution to contribution on retirement plan. approved by the commission, such be made in lieu of the city's behalf of the employee to the (a) The contribution to be made by the city under the terms of the above agreement shall be calculated at the rate of eight percent of the individual's annual earnable compensation. (b) A contribution to the designated public trust fund must be made by the employee rejecting membership in the retirement plan, and such contribution by the employee shall be picked up by the city at a rate of not less than five percent of the employee's annual earnable compensation. (c) An employee may, if so provided in the trust agreement, take actual or constructive receipt of his or her contribution, and those contributions made by the city on his or her behalf prior to reaching age 55 or upon becoming permanently and totally disabled by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. (d) The city manager may elect to participate in a public trust fund designated by the employee and approved by the city commission. Contributions made to the designated public trust fund by the city shall be in accordance with the provisions of a resolution designating benefits for the city manager and approved by the city commission. Contributions, if any, by the city manager shall be picked up by the city as provided by the provisions of a resolution approved by the city commission. The city manager may, if so provided in the trust agreement, take actual or constructive receipt of his or her contributions, and those contributions made by the city on his or her behalf prior to reaching age 55 or upon becoming permanently and totally disabled, by making a revocable election of distribution of accounts pursuant J Page 3 of 6 1 • Ll to the mode of distribution of benefits as provided in the trust agreement. (e) The city attorney, assistant city managers, and assistants to the city manager may elect to participate in a public trust fund designated by the. employee and approved by the city commission. Contributions shall be made to the designated public trust fund by the City at a rate of 20 percent of the city attorney's annual base salary, and eight percent of .the annual base salary for each of the assistant city managers and assistants to the city _ manager. The city attorney, assistant city managers, and assistants to the city manager may, if so provided in the trust agreement, take actual or constructive receipt of his or her contributions, and those contributions made by the city on his or her contributions, and those contributions made by the city on his or her behalf prior to reaching age 55 or disabled, by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. (2) Upon rejecting membership in the retirement plan, employees in the foregoing positions as defined in Section 40-250 (e) may not elect at a later date to transfer membership to the retirement plan, unless the election is a result of the loss of one of the foregoing positions. Should an eligible individual elect to reject membership in the retirement plan, all previous membership service in the retirement plan shall be deemed lost upon disbursement or transfer of the employee's member contributions from the retirement plan. Rejection of membership in the public trust fund, in favor of membership in the retirement plan, shall Preclude employees in the foregoing_ positions from transferring membership to the public trust fund at a later date. (3) If an eligible employee fails of the conditions set forth shall not have the right to the retirement plan." Page 4 of 6 to comply with all above, the employee reject membership in 11927 Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. 1192'7 Page 5 of 6 PASSED ON FIRST READING BY TITLE ONLY this 27th day of April 1 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11th day of May 1 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sac, 2 36, sines the Mal/Or d_,d not indlcata ep, of this legislation by signing it in the designated pace pr'..�'Viilrtd. becomes effective with the elapse of ten (10) days f. rn the date ml crna -regarding same, without, the Mayor rcisi a or" ATTEST: Walter eman, City Clerk WALTER J. FOEMAN rTTV rT.7PY 3S:e�__ 11927 Page 6 of 6 • SECOND READING• ORDINANCE I I TO: The Honorable Mayor and DATE Members of the City Commission SUBJECT: Amendment to City Code, Section 40-250 FROM :nald H. Warshaw REFERENCES: City Manager ENCLOSURES: RECOMMENDATION FILE: The Administration recommends that the City Commission approve the attached Ordinance amending Section 40-250 of the City of Miami Code. The amendment reestablishes the right of certain employees to reject membership in the City of Miami General Employees' and Sanitation Employees' Retirement Trust (GESE Trust) and select participation in a public trust fund. BACKGROUND On January 25, 1996, the City Commission approved an Ordinance amending Section 40- 234 (since renumbered to 40-250) that limited the right of certain employees to reject membership in the GESE Trust if hired after April 1, 1996. The recommendation to amend the City of Miami Code, by a previous Administration, was based on certain Internal Revenue Code requirements, in effect at that time, which would have adversely affected the continuation of the public trust fund. Since that time, Internal Revenue Code requirements have changed which eliminate the .previous concerns on allowing membership in a public trust fund. The amendment before the City Commission will once again allow certain employees to participate in a public trust fund (a 401(a) Money Purchase Plan) by rejecting membership in the GESE Trust within a year of employment or appointment. Previously, Section 40-250 identified employees allowed to participate in the public trust fund by classification title. The current amendment provides for participation in the public trust fund by those employees identified by the City administration as employed in the executive service as well as certain specified appointed classifications. Additionally, the amendment specifies that rejection of membership in the public trust fund (401(a) Money Purchase Plan), in favor of membership in the GESE Trust, shall preclude the transfer of membership to the public trust fund at a later date. Contributions to the public trust fund will require the City to contribute on a biweekly basis 8% of the employees' annual base salary and the employee to contribute 10% of the employees' annual base salary on a biweekly basis. Based on a maximum estimate of 35 11927 0. 0 employees electing to transfer to the public trust fund, it is estimated that the additional annualized cost to the City would be $139,000. Funding for this benefit will be charged to Project #681001, Index #440103-213. The amendment to Section 40-250 of the .City of Miami Code will provide the City with an enhancement to the benefit package offered to prospective executive employees. e%kIgo %w DHW/RSW/rsw c: Luie E. Brennan, Interim Director Management and Budget Analysis 11927 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miaml- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11927 in the XXXXX Court, wnublisbed ;n seid�t8wdpaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fir r corpo iscount, rebate, com- mission P re d for ose of ccuring this advertise- ment for licat said new aper. 17 SwfInato and subscribed before me thiso 0 0 ..... day of .. ............................... A.D........ (SEAL) / ,,PRY pG OFFICIAL tZTAfiY SEAL Octelma V. Ferbeyre personally kn 8�� CHERYL H MARMER * COMMIS M NUMBER ' OF f40a4e My COMMISSIONE )RES APR. 24 2t)U = • CITY OF. MIAMI;IFLORIDA � ` f' NOTICE OF.ORDINANCES.-'. (A111h, terested;persons will take'noiice that on the 11th of May, 2000, the �rCity,Coriimission of Miami,'Flo�ida"adopted the followingtitled ord_inanc- IeS'..- ORDINANCE NO. 11924 " AN ORDINANCE OF THE'MIAMI CITY COMMISSION AMEND - I ING'ORDINANCE'NQ; 10021, ADOPTED•JULY 18, 1985' AS AMENDED, WHICH -ESTABLISHED INITIAL RESOURCES`"=' I AND INITIAL APPROPRIATIONS FOR' -THE LAW ENFORCE- • - s .� C" "MENT TRUST FUND,"RECEIVED AND •DEPOSITED PURSU- ANT TO'ORDINANCE" NO. 9257, ADOPTED APRIL 9,:1;981, THEREBY PROVIDING FOFI AWINCREASE IN THE AMOUNT OF $2,000,000, AS A'RESULT OF ADDITIONAL MONIES DE- POSITED IN SAID FUND- DUE TO SUCCESSFUL FORFEI- TURE' ACTIONS; CONTAINING A REPEALER PROVISION: AND SEVERABILITY -CLAUSE, AND PROVIDING FOR AN EF- FECTIVE DATE. ORDINANCE NO. 11925 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE 11839, AS AMENDED; THE ANNUAL AP- PROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2000, FOR THE PURPOSE OF ADJUSTING . SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY'REQUIREMENTS OF CERTAIN CITY DEPART- MENTS AS .MORE PARTICULARLY SET FORTH HEREIN; CONTAINING A REPEALER: PROVISION AND A SEVERABILI-. TY CLAUSE.1. - ORDINANCE NO. 11926 AN ORDINANCE OF THE MIAMI CITY- COMMISSION AMEND- ING .CHAPTER 54/ARTICLE V/SECTION 54-190 ,OF THE CODE OF THE CITY OF MIAMI; FLORIDA, AS AMENDED, EN- TITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDAR&STFIFET_ WIDTHS," TO MODIFY THE i "WIDTH OF NORTHWEST:2ND,,AVENUE BETWEEN NORTH- 1NEST.8TH:STREET AND' ND NORTHWEST 9TH STREET, MIAMI, FLORIDA; CONTAINING:A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFEC- TIVE DATE.- • ORDINANCE NO 11927 ' N ORDINANCE OF THE MIAMIZ��ON•AMEND= ING CHAPTER`40/ARTICLES,IV/DIVISION 3, OF`THE CODE. OF.THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED °PENSION AND RETIREMENT 'PLAN", PROVIDING :THAT CER TAIN.EMPLOYMENT CATEGORIES SHALL BE PERMIT- TEDTO REJECT MEMBERSHIP-INTHE CITY OF MIAMI GEN- ERAL EMPLOYEES' AND SANITATION EMPLOYEES'. RE- TIREMENT TRUST UNDER" CERTAIN CIRCUMSTANCES, AND SETTING FORTH CONDITIONS; MORE PARTICULARLY BY AMENDING SECTION 40-250;.CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.AND PROVID ING FOR AN EFFECTIVE DATE.. '3 ORDINANCE NO. 11928 AEMERGENCY• ORDINANCE OF THE MIAMI CITY',COM-` _MI . SSION ESTABLISHING A SPECIAL REVENUE FUND ENTI- TLED "2000-2001 WORKFORCE INVESTMENT ACT SUM- MER YOUTH TRAINING AND EMPLOYMENT PROGRAM";. APPROPRIATING FUNDS, IN- THE AMOUNT OF $470,37,51-- FOR 470,375, -- FOR ITS OPERATION.C.ONSISTING OF A'GRANT FROM THE _ U,S..DEPARTME ' OF LABOR, ADMINISTERED' BY, THE .SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSOR TIUM ("SFETC" ); AUTHORIZING THE :CIT_Y MANAGER:TO.Ek. j ECUTE THE .NECESSARY DOCUMENTS, IN, A,.FORM AC- .._ CEPTABLE. TO THE CITY ATTORNEY, TO ACCEPT THE GRANT, AND IMPLEMENT THE PR'OGRAM'FURTHER THORIZING THECITYMANAGER TO EMPLOY APPROPRI- ATE PERSONNEL TO IMPLEMENT AND ADMINISTERTHE" PROGRAM; CONTAINING A•REPEALER-PROVISION •AND A SEVERABILITY CLAUSE. Said -proposed ordinarices may berinspected by the publio.at the ,Am Office of:the City Clerk, 3500 Panerican.Drive,+Miami; floe, rda, Monday through Friday," excluding 'holidays, between tlie) 'hours of 8 a:m. and•5"-pm. .All interested` persons may appear at the meeting and may be `heard j with' respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be considered .at this meeting, that person shall ensure that a verbatim record of the proceedings -is made including all testimony acid -evidence upon which"any appeal may be based. WALTER J. FOEMAN CITY CLERK (#8268) I 5/17_ __ ___ _`_ _" 00-4-31'/54417M, • a MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daiiy Business Review f/Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE AMENDING CHAPTER 40/ARTICLES IV/DIVISION 3, ETC. in the .. XXXXX Court, ........................... w?q_publisbed in s OUvspaper in the issues of ay I Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further sa that s ether id nor promised any person, fir or o r " n any disc nt, rebate, com- mission or r nd r ose of secu ng this advertise- ment for p lic o aid newWa r._ Wff (SEAL) C/ Octelma V. Ferbeyre personally PGS JANETTICIAL NLLEfiENAOTARY L `SIA CO M SSION NUMBER CC566004 'y�� �® NAY 0 ON EXPIRES C n� JUNE 29.2000 F__ _1 Lj NOTICE OF PROPOSED ORDINANCES Notice, is hereby given that -the City,.Commission.of-the City_of-Miami; r the following ordinances'on second and final reading, Florida, will consider g on May 11, 2000 commencing -at -10:00_a.m.,. in the:City Commissions Chambers, 3500 Pan American Drive, Miami;. Florida: .ORDINANCE NO: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO. 10021, ADOPTED JULY_18, 1985, AS 'AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCE- MENT TRUST FUND, RECEIVED AND DEPOSITED PURSU- ANT TO ORDINANCE NO. 9257, ADOPTED APRIL' 9," 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $2,000,00_0, AS A RESULT OF ADDITIONAL MONIES DE POSITED IN SAID FUND DUE TO SUCCESSFUL FORFEI- TURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EF- FECTIVE DATE. ORDINANCE NO. 'AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-- ING ORDINANCE 11839,.'AS AMENDED,; THE ANNUAL AP-.. PROPRIATIONS ORDINANCE FOR FISCAL YEAR :ENDING .,' , SEPTEMBER 30, 2000', FOR THE PURPOSE OF ADJUSTING., SAID APPROPRIATIONS RELATING -TO OPERATIONAL AND " BUDGETARY REQUIREMENTS OF CERTAIN CITY'DEPART- MENTS AS MORE PARTICULARLY SET FORTH HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILI-, TY CLAUSE'. ORDINANCE NO: ' AWORDINANCE OF THE MIAMI CITY COMMISSION AMEND= ING CHAPTER '54/ARTICLE -V/SECTION. 54-190, OF. THE CODE OF THE CITY OF MIAMI, FLORIDkAS AMENDED,;EN- TITLED 'STREETS AND ''SIDEWALKS/BASE`." BUILDING 'LINES/NONSTANDARD STREET;WIDTHS,- TO..MODIFY,THE WIDTH OF NORTHWEST EST AVENUE BETWEEN _NORTH - `WEST 8TH STREET -AND NORTHWEST _9TH STREET MIAMI, FLORIDA; CONTAINING A. REPEALER PROVISION. AND A_"'-'] SEVERABILITY: CLAUSE; AND PROVIDING FOR AN EFFEC, ,s TIVF-DATE. - — ORDINANCE NO. `-- - : - ----- N ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 40/ARTICL OF THE.CODE .. i OF THE CITY O MIA I, FLORIDA, AS AMENDED, ENTITLED "PENSION AND:_RETIREMENT PLAN", 'PROVIDING THAT. ' = CERTAIWEMPLOYMENT CATEGORIES SHALL BE PERMIT- TED TO REJECT MEMBERSHIP.IN THE CITY OF MIAMI GEN- - ERAL EMPLOYEES' `AND SANITATION EMPLOYEES' RE-.. TIREMENT . TRUST 'UNDER CERTAIN CIRCUMSTANCES,. AND SETTING FOATH.CONOITIONS; MORE PARTICULARLY BY,AMEND!NG SECTION 40-250; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVID- ING FOR AN EFFECTIVE DATE. ORDINANCE -NO. i` AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- + ING THE "CODE OF THE CITY OF MIAMI, FLORIDA" BY RE- PEALING APPENDIX A AND REPEALING AND RE-ENACTING I- CHAPTER 11 ENTITLED,,"CABLE-TELEVISION" PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS 'AND THE APPLICATION,, PROCEDURES AND REQUIREMENTS RELATING. TO.THE .GRANT OF. LICENSES. FOR THE CONSTRUCTION, INSTAL' LATION, OPERATION AND'MAINTENANCE OF CABLE,TELE- VISION SYSTEMS, -EQUIPMENT AND :FACILITIES IN, ON,. i -ACROSS, ABOVE OR -THAT IN ANY MANNER WHATSOEVER I USE THE CITY'S PUBLIC RIGHTS-OF-WAY AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS-OF-WAY IS -IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH AP_. PLICABLE LAW', PROVIDING FOR CONFLICTS; PROVIDING ,.A SAVING CLAUSE, PROVIDING FOR SEVERABILITY; PRO- -VIDING FOR -AN EFFECTIVE DATE, I Said proposed 'ordinancesmay be inspected by the public at the., +. Office of the City Clerk,.3500 Pan American Drive, Miami, F196 { da, Monday through Friday; excluding- holidays, .between .the I hours of 8 a.m. and 5 p:m! r. All interested persons -may appear at; the meeting and may be;heard:.j ,with respect to the proposed ordinances. Should any -person desire to ap- )peal any decision of the City,Commission with.respect to any.matter to be considered at this 'meeting, that., person shall ensure that a verbatim record of the proceedings is made including all testimony and.evidence, upon which any appeal maybe based. ORS WALTER J. FOEMAN A .eaao m.rco CITY CLERK , 19 P6 / Q k(#8262) 00-4-117/48968M