HomeMy WebLinkAboutO-11234J-95-230
3/24/95 11234
ORDINANCE NO.
AN EMERGENCY ORDINANCE AMENDING
SECTIONS 40-225, 40-238, AND 40-239 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY ENHANCING BENEFITS ONLY FOR
MEMBERS OF AFSCME BARGAINING UNIT WHO ARE
MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST BY
INCREASING THE RETIREMENT ALLOWANCE,
ESTABLISHING RULE OF 64 RETIREMENT, AND BY
ADDING A NEW DEFINITION; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami's administration and its employee
bargaining unit, the American Federation of State, County and
Municipal Employees (AFSCME), Local 1907, have conducted
discussions for the fiscal years 1995 and 1996 budgetary cycles
related to the Pension and Retirement Plans of the City; and
WHEREAS, the administration recommends modifications of
Sections 40-225, 40-238, and 40-239 of the Code of the City of
Miami, Florida, relating to General Employees' retirement
concerning certain membership eligibility requirements and
pension benefits; and
WHEREAS, it is necessary that said modifications of Code
Sections 40-225, 40-238, and 40-239, Pension and Retirement Plans
of the Code of the City of Miami be effective prior to the
commencement of Fiscal Year 1995 - 1996 for the City of Miami to
112.14
make the required and necessary payments to its employees and
officers, the payment of debts, the necessary and required
purchases of goods and supplies, and to generally carry on the
functions and duties of its municipal affairs;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Sections 40-225, 40-238, and 40-239 of the
Code of the City of Miami, Florida, as amended, are hereby
amended in the following particulars:l/
"Sec. 40-225. Definitions.
Unless a different meaning is plainly required by
i the context, the following words and phrases as used in
this division shall have the following meanings:
Rule of 70 shall mean a computation consisting of
the sum of a member's age and length of creditable
service, which sum shall permit normal service
retirement upon the member's combined age and
creditable service equalling at least seventy (70).
Rule of 64 shall mean a computation consisting of
the sum of a member's age and length of creditable
service, which sum shall permit normal service
retirement upon the member's combined age and
creditable service equalling at least sixty-four (64).
This definition is applicable only to members of the
City of Miami General Employees' and Sanitation
Employees' Retirement Trust but not to members of the
Trust who are members of the L.I.U.N.A. Bargaining
Unit.
"Sec. 40-238. Paybacks for membership credit.
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. Remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
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Members shall have the right to receive membership
credit in the retirement plan in accordance with the
following provisions:
(H) Upon retirement a member in service who has
continuous service may purchase up to a maximum
of three (3) whole creditable service years.
A member in service who has continuous service may
purchase up to a maximum of three (3) whole creditable
service years based upon the present value as
actuarialy determined. The purchase of service years
will be purchased with the employee's available leave
balance at time of retirement less required withholding
taxes. Upon exhausting the value of the leave
balances, employees may purchase the remainder of the
three (3) years by lump sum payment in cash to the
Pension Trust. Upon the employee's exercise of this
option, the purchase value of the employee's leave
balance shall be transferred by the City to the Trust.
The purchase of the three (3) whole creditable service
years shall be based upon the average final
compensation as defined in Section 40-225. The hourly
rate for calculation of the leave balances shall be as
specified under the labor agreement and or leave payoff
practices. The purchase of service years under this
option may not be utilized for service Rule of 64
retirement eligibility. This subsection does not a ply
to members represented by the L.I.U.N.A. Baraainina
Unit."
"Sec. 40-239. Benefits.
(A) Service retirement.
(4)(c)3. Any eligible member in service employed by the
City who retires under the April 1995, "window"
for the 1995 Incentive Retirement Program may
elect to receive an additional one -tenth of one
(1) percent of the member's average final
compensation for each full calendar year after the
sum of the member's age and service exceeds sixty-
four (64), up to a maximum credit of three (3)
percent per year of service. In calculating the
member's age and service for the additional one -
tenth of one (1) percent, the amount of service
shall not exceed twenty (20) years in the
computation. However, if the number of years of
11234
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service needed to total sixty-four (64) when added
to the member's age is less than twenty (20), that
number of years of service shall be the maximum
years -of -service number used in the formula to
provide the one -tenth of one (1) percent per year
benefit. This subsection does not apply to
members represented by the L.I.U.N.A. Bargaining
Unit.
(B) Rule of 75 retirement; rule of 70 retirement;
rule of 64 retirement.
j
(1)(c) Any member in service who did not withdraw
from active membership in the retirement plan
and who elects to retire under the April,
1995, window period for the 1995 Incentive
Retirement Program, may elect service
retirement on the basis of his or her
combined age and creditable service equalling
sixty-four (64) or more provided that the
member has reached minimum vesting
requirements. Such election shall be made
u on written application to the board
setting forth not less than ten (10) days nor
more than ninety (90) days subsequent to the
execution and filing thereof, the date the
member desires to be retired. A member in
service who has continuous service may
purchase up to a maximum of three (3) whole
creditable service years based upon the
present value as actuarialy determined The
purchase of service years will be purchased
with the employee's available leave balance
at time of retirement less required
withholding taxes. Upon exhausting the value
of the leave balances, employees may purchase
the remainder of the three (3) years by lump
sum payment in cash to the Pension Trust
The hourly rate for calculation of the leave
balances shall be as specified under the
labor agreement and or leave payoff
practices. The Purchase of service years
under this option may not be utilized for
service retirement, rule of 70 or rule of 64
retirement eligibility. This subsection does
not apply to members represented by the
L._I.U.N.A. Bargaining Unit.
11234
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(1)(d) An employee not otherwise eligible under the
Rule of 64 during the window period may
participate under this Retirement Incentive
Program provided that: 1) employee is
eligible under the Rule of 64 prior to
September 30, 1995; 2) employee executes an
irrevocable election to retire upon attainment
of the Rule of 64; and 3) that the irrevocable
election to retire be executed during the one
time window period. This subsection does not
apply to members represented by the L.I.U.N.A.
Baraainina Unit.
(2)(c) Upon rule of 64 retirement, a member who
elects to retire under the April 1995 window
period for the 1995 Incentive Retirement
Program, shall be entitled to receive a
retirement allowance equal to two and one -
quarter (2.25) percent of the member's average
final compensation multiplied by years of
creditable service, which amount shall be paid
yearly in equal monthly installments. A
member eligible for rule of 64 retirement
shall also be entitled to receive longevity
supplements pursuant to the provisions of
section 40-239(A)(4). Rule of 64 retirement
is only available for a member who retires
during the April, 1995, window period for the
1995 Incentive Retirement Program. This
subsection does not apply to members who are
represented by the L.I.U.N.A. Baraainina Unit.
(3) A member eligible for rule of 75 retirementL
rule of 70 retirement or rule of 64 retirement
may choose any of the optional allowances
available to him or her on the date of
retirement, as provided in section 40-239(L).
(L) Optional allowances.
(1) Any member may elect to receive in lieu of
the retirement allowance otherwise payable to him or
her, the actuarial equivalent at that time of his or
her retirement allowance in a reduced retirement
allowance payable as follows, provided that no election
of an optional allowance shall be effective in case a
beneficiary dies within ten (10) days after the
I�
11234
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election of an option as provided in this section, and
further provided that such a beneficiary shall be
considered as a member in service at the time of death,
until the first payment on account of any benefit
becomes normally due:
Option 6: Any member upon service, early serviceL
or rule of 75 retirement, or rule of 70 retirement
or rule of 64 retirement may elect to receive
benefits in one (1) of the following three (3)
forms, in lieu of the retirement allowance
otherwise payable to the member. The Rule of 64
retirement does not apply to members of the
L.I.U.N.A Baraainina Unit.
Section 2. All ordinances, Code sections, or parts of
ordinances thereof in conflict herewith, insofar as they are in
conflict with the provisions of this Ordinance are hereby
i
repealed.
Section 3. If any section, sentence, clause, phrase, or
word of this Ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding or
invalidity shall not be construed to have been the intent of the
Commission of the City of Miami to pass this Ordinance without
such unconstitutional, invalid, or inoperative part therein, and
the remainder of this Ordinance after the exclusion of such part
or parts shall be deemed and held to be valid as if such parts
i
had not been included therein.
Section 4. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami, and upon the further grounds of the necessity for the
11234
City of Miami to make the required and necessary payments to its
employees and officers, the payment of debts, the necessary and
required purchases of goods and supplies, and to generally carry
on the functions and duties of municipal affairs.
Section 5. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 6. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of March , 1995.
S EPHEN P. CLA K, MAYOR
ATTEST:
PREPARED AND APPROVED BY:
11AMON IRI RRt'
ASSISTAN CI ATTORNEY
APPROV AS TO FORM AND CORRECTNESS:
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A. QUI N JO S, I
CITY ATTORry
RI:bf:M2130
11234
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TO :
IOM
CITY OF MIAMI, -ORIDA
INTER -OFFICE MEMORANDUM 1
Honorable Mayor and Members
of t City Commission
007
Cesar H. Odio
City Manager
DATE : W 201995 FILE :
SUBJECT : Pension Ordinance
Modification
Sections 40-225, 40-238
and 40-239
REFERENCES:
ENCLOSURES:
It is recommended that the City Commission approve the attached
Ordinance amending Sections 40-225, 40-238 and 40-239 of the
Miami Code by establishing a "orq-time" retirement window and
providing certain membership eligiz._lity requirements and pension
benefits for members of the Miami General Employees American
Federation of State, County, and Municipal Employees, Local 1907,
AFL-CIO.
The City of Miami and the Miami General Employees American
Federation of State, County, and Municipal Employees, Local 1907,
AFL-CIO (AFSCME) voluntarily entered into discussions in an
effort_ to identify ways to streamline City government. As a
result of these discussions, AFSCME, Local 1907 has agreed to a
modification of their labor agreement to provide certain pension
benefits and to offer a Retirement Incentive Program under a
"one-time" retirement window to bargaining unit members.
The AFSCME labor agreement provides under the "one-time"
retirement window the ability for bargaining unit members to
retire under a "Rule -of 64" retirement and a provision for the
purchase of up to a me�zimum of three whole years of service at
present value with after-tax dollars utilizing the employees'
leave balances. Any employee reaching "Service" or "Rule of 64"
eligibility after the retirement "window" but prior. to September
30, 1995 may also participate during the retirement "window" with
an irrevocable election and must retire upon attainment of
"Service" or "Rule of 64." Longevity supplements and optional
allowances currently provided by ordinance would be available
under the Retirement Incentive Program.
The purchase of up to three whole years of service with leave
balances upon retirement would become a permanent benefit.
r i,
� 111234 /e-I
Mayor and City Commission
Page 2
EMERWNCY ORDINANCE
This legislation has been presented to the City Commission
as an emergency ordinance on the grounds of the necessity of
the City to immediately implement an effective cost
reduction program for the FY195 and FY196 budgetary cycles.
;ICE
11234
CRIJ uf �tamt
MATTY HIRAI
City Clerk
April 10, 1995
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm. 7-701
Miami, FL 33125
Dear Mr. Tomeo:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11232 11233 11234 11235
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,
MATTY HIRAI
City Clerk
BY:&Sau'l-Q
DEPUTY CLERK
RECEIVED BY:
DATE:
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Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
01-14-figof ;ffitamt
;;;. , ,
MATTY HIRAI , <, �;, CESAR H. ODIO
City Clerk ��City Manager
It 0 IIRII 'I `
� .I II
April 10, 1995
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11232 11233 11234 11235
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,
MATTY HIRAI
City Clerk
BY:
DEPUTY CLERK
RECEIVED BY:
DATE:
MH:vp
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
�ti
MATTY HIRAI
���� ;. CESAR H. ODIO
City Clerk'
;.
City Manager
April 10, 1995
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11232 11233 11234 11235
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
Valerie Puyans�
Deputy Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sockte Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review ilkia Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 11234
In the...........;KXX;KX..................... Court,
was published In said newspaper in the Issues of
Apr 10, 1995
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said 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 Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of vertisement; and afllant further says that she has
nelth pa nor promised any person, firm or corporation
any Isco t, rebate commission or refund for the purpose
of ecu g this a rtisement for publication In the said
no p or.
Swam to and subscribed before me this
10 April 95
.... day of ........................I A.D. 19 4R..�
....� �;O{r-y
(SEAL) _
Sookle tWlllams personally known to me.
•OF
...••••
0MCIAL NOTARY SEAL
CHRRYL H MARMER
CEN.f!Ate, ON NO. CC191642
'dY: i),NMISSION KXR AAR. 12,1996
CI`iY- 0�'N!1
All Interested persons Will take
1995, the City Commission of Mil
ordinances:
ORblNA(
AN EMERGENCY,ORDINANC
238,,AND 40-239 OF THE CODE
AMENDEf), ,BY ENHANCING'.B,
AFSCME BARGAINING't1NIT Wl-
GENERAL;EMPLOYEES_AND'.
MENT'TRUST By; "'I' I''
GCTAQI ICLJIIJf] QI II�C �`AC_`RA�QC
AN EMERGENCY
211yAND 40.212 OF
A,SEVERABILITY CLAUSE
DATE. _
Said ordinances
Clerk; 3500'Pan°Ai
.excluding holidays;
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