HomeMy WebLinkAboutO-11340J-95-962
1/16/96
ORDINANCE NO. t 13 4 0
AN ORDINANCE AMENDING THE CITY CODE RELATED
TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST; MORE
PARTICULARLY AMENDING SECTION 40-234 TO
REQUIRE THAT CERTAIN EMPLOYEES HIRED AFTER
MARCH 31, 1996 SHALL BE MEMBERS OF THE CITY
OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST; FURTHER,
AMENDING SECTION 40-235 TO PROVIDE FOR
CREDITABLE SERVICE TRANSFER, PAST SERVICE
BUY-BACK AND REPAYMENT OF ANY OUTSTANDING
TRUST FUND ACCOUNT LOAN FOR CERTAIN
EMPLOYEES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Sections 40-234 and 40-235 of the Code of the
City of Miami, Florida, as amended, are hereby amended in the
following particulars:l/
"CHAPTER 40. PERSONNEL
Sec. 40-234. Right of certain persons to reject
membership.
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.
11340
Those persons employed in the following positions
shall have the right to reject membership in the
retirement plan within one (1) year from their
respective commencements of employment 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 city manager, chief deputy city attorney,
deputy city attorney, assistant city attorney,
technical services administrator, executive assistant
to the city manager, assistant city clerk, executive
secretary of the civil service board, assistant
executive secretary of the planning and zoning board,
assistant executive secretary of the planning board,
director of a department established by the Charter of
the city or by ordinance as authorized by such Charter,
assistant director of a department, labor relations
officer, assistant labor relations officer, cable
communications administrator, assistant to the city
manager III, assistant to the city manager II,
legislative administrator.
Membership in the retirement plan shall be
required for persons hired in the above -mentioned
positions after March 31, 1996.
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 trust fund designated by the
employee and approved by the commission, such
contribution to be made in lieu of the city's
contribution on behalf of the employee to the
retirement plan.
(a) The contribution to be made by the city under
the terms of the above agreement shall be
calculated at the rate of eight (8) 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 (5) percent of the employee's annual
earnable compensation.
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11340
(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 fifty-five (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.
(2) If an eligible employee fails to comply with all
of the conditions set forth above, the employee shall
not have the right to reject membership in the
retirement plan."
"Sec. 40-235. Transfer of city employees to retirement
plan.
(A) Any person employed by the city as a fire
fighter or police officer, who is reclassified and
appointed to a position other than fire fighter or
police officer and who, prior to such appointment, was
a member of the City of Miami Fire Fighters' and Police
Officers' Retirement Trust ("retirement system"), shall
have membership transferred to the retirement plan,
effective the date of such appointment. Creditable
service earned as a member of the retirement system
shall be deemed creditable service in the retirement
plan upon such transfer.
(B) Any current employee employed prior to
April 1, 1996 by the city in a position defined in Sec.
40-234 who has previously rejected membership in the
retirement plan and elects membership in the retirement
plan by June 30, 1996, shall have membership
transferred to the retirement plan, effective July 1
1996. Creditable service as a member of the public
trust fund defined in Sec. 40-234 shall be deemed
creditable service in the retirement plan upon such
transfer.
(C) Past service buy-back.
Prior to election for membership transfer under
paragraph (B) above, an employee in a position
defined in Section 40-234 may elect to enter into an
agreement between the employee and the city to
Purchase creditable service as a member of the public
trust fund, from his or her original date of
employment to the date he or she first becomes a
member of the public trust _fund defined in Section
40-234 above.
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11340
(D) Outstanding loan balance.
Any member of the public trust fund who has an
outstanding loan against his or her public trust fund
account balance and who elects to transfer to the
retirement plan must repay said loan in full prior to
transfer to the retirement plan.
($E) Commencing on the effective date of transfer
to the retirement plan, a member who has transferred
from the retirement system or public trust fund as
defined in Sec. 40-234, shall make regular
contributions at the rate required by the retirement
plan. Accumulated contributions credited in the
retirement system or public trust fund as defined in
Sec. 40-234. to the account of such member shall be
transferred to the membership account of the
retirement plan and credited to the member
thereunder. There shall a4-a�be transferred: (i) from
the benefit account of the retirement system to the
benefit account of the retirement plan, the amount of
assets, as determined by actuarial valuation, held by
the retirement system for any system member who
transfers membership to the retirement plan; or (2)
the employee/employer contribution account balance
held in a public trust fund on behalf of any Sec
40-234 defined employee who transfers membership to
the retirement plan.
(EF) If any member of the retirement plan has
transferred from the retirement system or a
Sec. 40-234 public trust fund and his or her
contributions pursuant to membership in the
retirement system or public trust fund cause
accumulated contributions at the member s normal
retirement age to exceed the amount such accumulated
contributions would have been had the member been a
member of the retirement plan during his or her
entire period of service with the city, such member
shall be entitled to the return of the excess
contributions upon retirement or shall have his or
her retirement allowance increased by the actuarial
equivalent of the amount by which his or her
contributions exceed the full amount which would have
been the members accumulated contributions had he or
she been a member of the retirement plan during his
or her entire period of service with the city."
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t I 1 Jl
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.
PASSED ON FIRST READING BY TITLE ONLY this 25th
January
, 1996.
day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 29th day of February 1996.
STEAiEN P. CIJRK, MAYOR
ATTEST:
LTER MAN
CITY CLERK
PREPARED AND APPROVED BY:
G
LINDA RICE CHAPMAN
ASSISTANT CITY ATTORNEY
W076:LRC:bss:mis
APPROVED AS TO FORM AND
CORRECTNESS:
A. P
, III
CITY TTO
- 5 -
1A 40
TO
FROM
3
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission
City
51
DATE: January 17, 1996 FILE :
SUBJECT: Amendments to Sections
40-234 and 40-235
of the City Code
REFERENCES:
ENCLOSURES:
RECOMMENDATION
It is respectfully requested that the City Commission approve the attached Ordinance
amending Section 40-234 of the City of Miami Code, by limiting the right of certain
employees to reject membership in the City of Miami General Employees' and Sanitation
Employees' Retirement Trust ("retirement plan") and amending Section 40-235 by
establishing provisions for transferring existing city employees to the retirement plan, and
for creditable service transfer, past service buy-back, and repayment of employee
outstanding public trust fund account loan.
BACKGROUND
The City of Miami currently offers to employees occupying certain positions the right to
reject membership in the General Employees' and Sanitation Employees' Retirement
Trust, in favor of participation in the City of Miami Money Purchase Plan (Public Trust
Fund), an employer -sponsored retirement plan governed by Sec. 401 of the Internal
Revenue Code and administered by the I.C.M.A. Corporation (RC).
Amendments to the Internal Revenue Code require employers to satisfy minimum
employee participation requirements for continuation as a qualified plan. Further, the City
must obtain its own determination letter with regard to the qualification of the Public Trust
Fund in order to be confident that the Public Trust Fund is qualified.
As a result of the above new requirements, which may adversely affect the Public Trust
Fund's continued status as a Section 401 qualified plan, the City has determined that it is
in its -best interest to amend the City of Miami Code to require membership in the City of
Miami's General Employees' and Sanitation Employees' Retirement Trust for all persons
appointed to the affected positions, after March 31, 1996.
t13401
ift#la of 'ffltamw-
WALTER J. FOEMAN
City Clerk
March 12, 1996
Alyce A. Whitson, Esq.
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. Whitson:
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11331 11340 11343 11344 11345
If I can be of any further assistance, please do not hesitate to call.
Very truly yours,
Valerie Puyans
Deputy Clerk
Enc. a/s
CESAR H. ODIC)
City Manager
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
t#� of ffl-
14f�txn&
WALTER J. FOEMAN
t.
t
March 12, 1996
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
CESAR H. ODIC)
City Manager
Dear Mr. Tomeo:
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11331 11340 11343 11344 11345
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
RECEIVED BY:
DATE:
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
Afttp -of 'ffltaZTit
WALTER J. FOEMAN
City Clerk
March 12, 1996
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIC)
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
,i 11331 11340 11343 11344 11345
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
BY:
DEPUTY
RECEIVED BY:
DATE:
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
O ate. ..,.-, .. 111 PLWIC6."TH APPLICABLE CITY OF MiIG1hNAM`METRO-
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COUNTY OF DADE: -
PLANNING AND -, COf3RDINATK*,' BY CITY AND METAL lTAN WIDE
Before the underr FUNDS Ctitli�il'iK; ANING A 'REPEALER P.ROVIS1004 SEVER,
Octelma V. Ferbeyr + TI+E•LITAN 1N#?1f CLAUSE, AND PROVIDING FOR AN THE
Supervisor, Legal f 0 1i+IfZ�lT 1 MATHE ,ARAM '0 IIfAT$. —
Review Vk/a Miami Rt AREA AND. >iD. 80 AB' ME, - �'B'
and Legal Holidays) r UKYC*" `FLIMlD6 TO BE USED FOR THE ORDllitl ;NO,,1,1343
County, Florida; tha PClRTION Of. TME. ,; CHI1hTER S OF THE CODE OF.
being a Legal Advertl PLANNING '"STUDY; ,FURTHER LNG THE CITY 1W Off(I<F�MUM1 PLOFIDA, AS AAWNDED. T1� WV.IDE
,$AID, �MlD �E ALL i R,"VESl RAT70NS APPL�Ii4DIt *WV111E MIA-
MQUIRED DOCUA I*M, IN A FORM At�'TiAKE TO THE f;j 5k `P'ARft%LARLY EY M SECTIONS
CITY OF M "ON ATTORNEY; CONTAINING A REPEALER: PROVISION S8 3t) AA0 $)ftAND ADDING NEW SECTION 11"I TO SAID
ORDINANCE ; AND ASEV10RABILITYCLAUSE. CODE; 4)01 WG A _REPEALM PROVISIl^ MVER-
>ABWIlY CIA , AND PROVIDING FOR AN
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in the ....................... 51't?RTS PRO "i �F 'AO A� � AN OR61Ni :FNIATIM TO FEE C^A)LATONS FOR
was published in salt MR THE OPERATtOM $AMIE' Rd "�, OF '���" NG'ARTICI EV1 AND
;178,136 CONSISTING OF, WIAiT FROM A POLITAN Pt/ItI" Fe OF CHAPTER 82 OF 11* CI� BY
Mar 15, 1 TPADE COUNTY; AUTHORIZING THE C17Y MAft TO C�ANGt�I(3 TEXT OF SECTION;82�I (3) TO"� A6LISH
E)IECULE THE NECESSARY, FORM il! .9R THE CALCULATION:OFSAIi.F E$ FOR
AOCEPTABLE TO THE CITY AT'TO Y, TO ACCEPT SQD FOR ONE sTRfiL`T IE; ICONTANNNG
GRAN ; CONTAINING A REPEALER` PROVWON' ^ AND A, A Q _ iM0Y1810M1 AND A SEVEA/1811 tfY CLAUSE;
SEVERASK I7Y CLAUSE. AM PROVIDING FOR AN. EFFECTIVE DATt.
Attiant further as
Review is a newsy . OAIDEMANN�'lNO.T/3W ORDIIAl1C,NO,11348
County, Florida, and AN"OAD1NANCE AMENDING THE CITY CODE REiJ1TED TO AN ORDINANCE P43AIING TO FEE PAVMWM-. AMENDING
been continuously P THE . CITY OF. MIAMI GENERAL I EMKOY6W AND TICLE VtZONING AND PLANNING FPS,' OF CHAPTER 62 .
each day (except Sat SAIWTATM EMPLOYEES` RETIREMENT -`['RUST; .11108E ( THE CITY CODE BY ADDING A NBNf SECTM 62-63
has been entered at Y". .. ,. aA84 ,T ? PROVIDING FOR THE PARTIAL DEFEt#MENT `OF CERTAIN
office in Miami in sei " " ,THAT CERTAIN EMPLOYEES HIED AFTER MAP FEES ASSOCIATED WITH AN APPLICATION FOR AND
3ki 31, 1896
one year next precec °OF 'iHE CITY OF _ MIAMa d1 iA1 ISSUANCE OF A MAJOR USE SPECIAL ' PEIRM11T- FOR
copy of advertisemei .: EMPLOYEES' AND SANITATION DES' RETIREMENT
neither paid nor pro ' DEVELOPMENT ACTIVITY IN A •DULY :DESIGNATED CITY
any disCoun bate TFnJST;�,�8E4N6T'O-PROVIDE FOEVEF.OPMIENT DISTRICT; CONTAINING A' REPEALER
of securi this ad, FOR SETitflCE7l R=' AST � BUY- PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING
newspa r. BACK' ALAYMAEN� ✓OF ANYrAlNapNG"'*1ST FOR AN EFFECTIVE DATE.
�IC FUND ACCOUNT Ai .IO; FOR, 1WWAIN- EMPLOYEES;
CONTAINING A /tLER PROVISION AND A S RABILITY ORDNANCE NO.11340
CLAUSE; PR NIaiiiiR'A#OVECTIVItOAT£. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
............................... Ni1ANG SSiCTION 9D62; 'SEPARATION OF. RESIDENTIAL- INIINICE N0.1I34t AND NOWAMOOffiAL. USES,' A10, SECT.KW - -SM-8,
AN ORDINANCE :. I10 T11tO* SPECIAL REVENUE 'FfiNCEStW%.,LS' AND HEPQES,' 410 AM JR WAXATIONS -
FUNDS, AS PC3( t*WS, AND APPAOPAUATING FUNDS FOR PeRIAINI1G TO tW FINISHING OF, W 0* SIDES
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