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HomeMy WebLinkAboutO-11235J-95-232 3/ 24/95 ORDINANCE NO. 11235 AN EMERGENCY ORDINANCE AMENDING SECTIONS 40-200, 40-211 AND 40-212 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ENHANCING BENEFITS FOR MEMBERS OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST BY INCREASING THE RETIREMENT ALLOWANCE PERCENT, ADDING NEW DEFINITIONS, AND BY ADDING A NEW PROVISION FOR PURCHASE OF SERVICE CREDIT UPON PAYMENT OF CONTRIBUTIONS BY MEMBER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami's administration and its employee bargaining units, the Fraternal Order of Police, Lodge #20, and the Association of Fire Fighters, AFL-CIO, Local 587, have conducted discussions for the fiscal year 1995-1996 budgetary cycle related to the Pension and Retirement Plans of the City; and WHEREAS, the administration recommends modifications of Sections 40-200, 40-211 and 40-212, of the Code of the City of Miami, Florida, relating to Pension and Retirement Plans for City of Miami Fire Fighters' and Police Officers', concerning certain membership eligibility requirements and pension benefits; and WHEREAS, it is necessary that said modifications of Code Sections 40-200, 40-211 and 40-212 be effective prior to the commencement of Fiscal Year 1995 - 1996 for the City of Miami to 11235 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 40-200, 40-211 and 40-212 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars:l/ 1/ "Sec. 40-200. Definitions. Unless a different meaning is plainly required by the context, the following words and phrases as used in this division shall have the following meanings: 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) "Sec. 40-211. Paybacks for membership credit. Members shall have the right to receive membership credit in the retirement system in accordance with the following provisions: * * * * * * 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. -2- 11235 Creditable service years purchase from leave balance. A retiring member under service retirement, rule of 64 retirement, or rule of 70 retirement may purchase from available leave balances whole years of creditable service up to a maximum of three (3) years. The purchase of creditable service under this option may not be utilized for eligibility for either service retirement, rule of 64 retirement, or rule of 70 retirement. Once the leave balances have been applied towards the purchase of whole years of creditable service, and the amount thereof actually paid to and received by the Trust, the member may purchase the balance of the three years by a lump sum cash payment to the Trust. Leave balances shall be determined in accordance with the applicable labor agreement and/or leave payoff practices. The cost of creditable service purchase shall be the pro-rata actuarially determined present value based upon the employee's average final compensation used to determine the member's retirement benefit. This benefit shall be available using after tax value of the employee's leave balance; if, in the future, the issue of income taxes is resolved, then it will be available using pre-tax value of the employee's leave balances. No benefit provided under this paragraph shall be effective unless and until full payment in accordance herewith is made." "Sec. 40-212. Benefits. (A) Service retirement. (3) A member exercising service retirement on or after October 4, 1991, and before January 9, 1994, shall be entitled to receive a retirement allowance equal to two and three-quarters (2.75) percent of the member's average final compensation multiplied by years of creditable service, which amount shall be paid yearly in monthly installments. A member exercising service retirement on or after January 9, 1994 shall be entitled to receive a retirement allowance equal to two and three- quarters (2.75) percent of the member's average final compensation multiplied by years of creditable service for the first fifteen (15) years of such creditable service. Such member shall also be entitled to receive a retirement allowance equal to three (3) percent of members final average compensation multiplied by the years of creditable service in excess of fifteen (15) years. 112 3 5 -3- M A police officer member exercising service retirement on or after May 28, 1995 shall be entitled to receive a retirement allowance equal to two and three-quarters (2.75) percent of the member's average final compensation multiplied by years of creditable service for the first fifteen (15) years of such creditable service. Such member shall also be entitled to receive a retirement allowance equal to three (3) percent of member's final average compensation multiplied by the years of creditable service in excess of fifteen (15) years which amount shall be paid yearlv in monthlv installments. A firefighter member exercising service retirement on or after May 28, 1995, shall be entitled to receive a retirement allowance equal to three (3) percent of the member's average final compensation multiplied by years of creditable service, which amount shall be paid vearly in monthlv installments. (B) Rule of 70 retirement. (1) Any member in service and who did not withdraw from active membership in the retirement system may elect service retirement on the basis of his or her combined age and creditable service equalling seventy (70) or more, provided that the member has reached minimum vesting requirements. Such election shall be made upon written application to the board, setting forth not less than ten (10) nor more than ninety (90) days subsequent to the execution and filing thereof, the date the member desires to be retired. (2) Upon rule of 70 retirement, on or after October 4, 1991, and before January 9, 1994, a member shall be entitled to receive a retirement allowance equal to two and three-quarters (2.75) percent of the member's average final compensation multiplied by years of creditable service, which amount shall be paid yearly in monthly installments. Upon rule of 70 retirement, on or after January 9, 1994, a member shall be entitled to receive a retirement allowance equal to two and three- quarters (2.75) percent of the member's average final compensation multiplied by the years of 11235 -4- creditable service for the first fifteen (15) years of such creditable service. Such member shall also be entitled to receive a retirement allowance equal to three (3) percent of members final average compensation multiplied by the years of creditable service in excess of fifteen (15) years. Upon rule of 70 retirement, on or after, May 29, 1995, a firefighter member shall be entitled to receive a retirement allowance equal to three (3) percent of the member's average final compensation multiplied by years of creditable service, which amount shall be paid vearlv in monthly installments. {3-Y A member eligible for rule of 70 retirement may choose one (1) of the optional allowances available to him or her on the date of retirement provided in section 40-212(1iM). (2) Rule of 64 retirement. Any member in service who did not withdraw from active membership in the retirement system and retiring effective May 28, 1995, 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 upon written application to the Board no less than ten (10) days nor more than forty-five (45) days from May 28, 1995. Upon rule of 64 retirement, on or after Mav 28 1995 a police officer member shall be entitled to receive a retirement allowance equal to two and three-quarters (2.75) percent of the member's average final compensation multiplied by the years of creditable service for the first fifteen (15) years of such creditable service. Such member shall also be entitled to receive a retirement allowance eaual to three (31 Aercent of the fifteen (15) vears. Uvon rule of 64 retirement, a firefiahter member retiring on May 28, 1995, shall be entitled to receive a retirement allowance equal to three (3) percent of the member's average final compensation multiplied by vears of creditable service which -5- 11235 amount shall be paid yearly in monthly installments. i A member eligible for rule of 64 retirement may choose one (1) of the optional allowances available to him or her on the date of retirement, as provided in section 40-212(M). tE-)-__ Early service retirement. I (2) A member eligible for early service retirement may choose any one (1) of the optional allowances available to him or her on the date of retirement, as provided in section 40-212(bM). i -Fetes Vested right to retirement. i f-etl.L. Ordinary disability retirement. (3) A member entitled to receive an ordinary disability retirement allowance shall not be eligible for a return of contributions as provided in section 40-212(-�J), nor for optional allowances as provided in section 40-212(LM). i (-jam Accidental or service -incurred disability retirement. fG JHI Ordinary death benefit. tHt_(_Il Accidental death benefit. 11235 -6- * Return of contributions. fd� Limitation of disability benefits; reexaminatino of beneficiaries retired on account of disability. (3Fj_C�!j Restoration of beneficiaries to membership. flr�LMJ Optional allowances. 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 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 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 11235 -7- preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity for the 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. STE HEN P. hi, MAYOR PREPARED AND APPROVED BY: RAMON IZA ASSIS T CfTY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTOR7 RI:bf:csk:M2131 WE 11235 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To. Honorable Mayor and Members DATE: of the City Commission SUBJECT FROM : Z REFERENCES: Cesar H. Odio City Manager ENCLOSURES: 12 W 2 0 1995 FILE : Pension Ordinance Modification Sections 40-200, 40-211 and 40-212 It is recommended 'that the City Commission approve the attached Ordinance amending Sections 40-200, 40-211 and 40-212 of the Miami Code by establishing a "one-time" retirement window and providing certain membership eligibility requirements and pension benefits for members of the Fraternal Order of Police, Lodge No. 20 and the International Association of Firefighters, Local 587. BACKGROUND The City of Miami and the Fraternal Order of Police, Lodge No. 20 (FOP) and the International Association of Firefighters, Local 587 (IAFF) voluntarily entered into. discussions in an effort to identify ways to streamline City government. As a result of these discussions, the FOP, Lodge No. 20 and IAFF, Local 587 have agreed to modify certain pension benefits -and to offer a Retirement Incentive Program under a "one-time" retirement window to bargaining unit members. The FOP 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 maximum 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." The "Rule of 64" provision and the purchase of up to three whole years of service with leave balances upon retirement would become a permanent benefit. The IAFF 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 3% pension benefit multiplier. 11235 1,zf Honorable Mayor and Members of the City Commission RE: Pension Ordinance Modification Sections 40-200, 40-211, 40-212 Page 2 of 2 _ Employees retiring may also purchase up to a maximum of three whole years of service at present value with after-tax dollars utilizing the employees' leave balances. The increase in the pension benefit multiplier to 3% and the purchase of up to three whole years of service. with leave balances upon retirement would become a permanent benefit. EMERGENCY 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 coat reduction program for the FY195 and FY196 budgetary cycles. 11235 �ttij of �iarai 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: � 5 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 I fit# of MCity f 4�!` y Clerk ' CESAR H. ODIO City Manager 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 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 fit# of �ffitamt MATTY HIRAI City Clerk April 10, 1995 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: 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 If I can be of any further assistance, please do not hesitate to call. Very truly yours, L 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 Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review ilkta Miami Review, a dally (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. 11235 In the .......... ;P rXXX..................... 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 mall 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 adv ement; and offlant further says that she has neither pa r promised any person, firm or corporation any disco,4nyrebate, commission or refund fo the purpose of secu this adve sement for publicatt I t e said newspa Sworn to and subscribed before me this 10 April 95 day of ....,./....�.y.J.........., a.a��ticY.Piz (SEAL) ' Sookle Williams personally known to me. ••�'.FOF F10.�•O��J rR'CIAL NOTARY SAAL 0I sRYL H MARMER '.:d!S5iON NO. CC191642 :61\!;SSION EXr. APR. 12,1996 MTY.®F MIAIMIy-FEOR b`P�`0;1 LLECAI hlriT�C r} f t a s , All. Interested persons will take notlbe tijat bn Itie 1yth&ay`of ar` K , 1995, the;City Commission of Miami Flonda a'dbpted the folidWin(f tiWea ordinances: t « 3r ORDINANCE O '�3 '1 �j n r s r r t/r AN EMERGENCY ORDINANCE Af ENQiNG SECTIONS" 40 2$Cj�id& 239, AND 40.239 OF THE CODE OF THE CITY OF MIAMI, FLORIbA, AS` AMENDED, 13Y ENHANCING.'BENEFITSOLY'P0R MEMl3EH6 bE AFSOME BARGAINING.UNIT WHO ARE MEM EIS OK Cl jY d �/111I GENERAL,EMPLOYEES' ANb;.;SANITAT10 EMPLOYEES! MENT TRUST BY 'INCREASING _HE ,RETIRE)Vt N7 gLLOWAh(GE ESTABLISHING RULE;OF f34 Rt TIREWNT, AND BY AODIIJG A N€ j! DEFINITION;;, CONTAINING 'A+REPEALER PROVI510N`AND bA SEVERABILITY CLAUSE,'PROVIDING F6AiAN EFFECTIVE DAME � z s dkDiNANC'E'NQJ; AN EMERGENCY 200„40s i 211;AND 40-219 OF THE CODE OF,THE CITY OF`1u1�AMl Fi O[�IDA, A3 AMENDED,: BY ENHANCING "BENEFITS FOR MEMBERS OF THE CITY OF',,MIAMI FIRE FIGHTERS' AND' POLICE OFFICERS' RETIREME T TRUST BY iNCREASING,THE RETIREMENTFALLOWANOE,PERCI ADDING ' NEW DEFINITIONS, AND BY ADDING A' NEW PR*of " FOR PURCHASE OF SERVICE.ChEOIT UPON PAY.IMEN'I '0 ,; OQQf�I,TR>` BUTTONS BY'.MEMBER'"CONTAINING`A REPE''ALER PROMS ON,, ' A SEVERABILIIIY CLAUSE AND PROVIDING FOR AN EFFECTIVE; DATE, Said ordina nces may be Inspected by the;pubiic at;the Office ofhe City Clerk; 350o pan American Drive.Mtaml ,Florida Monday through Friday,° :- excluding holidays, between the'hour's of8 e.m. and � MATTY HIRAI ' � CITY CLERK ' (#2292) 4/10 95 4 0�1011M'