HomeMy WebLinkAboutO-11300J-95-718
9/7/95/
11300
ORDINANCE NO.
AN EMERGENCY ORDINANCE AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
THEREBY AMENDING ARTICLE IV OF CHAPTER 40,
ENTITLED; "PENSION AND RETIREMENT PLANS,
DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST"; MORE
PARTICULARLY BY ADDING NEW
SECTIONS 40-212 (D) (3) , 40-212 (E) (6) ,
40-212 (F) (4) , 40-212 (G) (8) , 40-212 (I) (4) ,
40-212(L)(3), 40-212(P) AND AMENDING SECTIONS
40-200 AND 40-213 (C) (17) ; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR EFFECTIVE DATES.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Division 2 of Article IV of Chapter 40 of the
Code of the City of Miami, Florida, as amended, is hereby amended
in the following particulars:l/
"DIVISION 2. CITY OF MIAMI FIRE
FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST
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:
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 materials.
11300
Accumulated contributions shall mean the sum of
all amounts deducted or picked up from a member's
compensation plus all other amounts contributed to the
retirement system by a member pursuant to this
division, together with regular interest thereon as
provided in section 40-206(B).
Active membership shall mean membership in the
retirement system as an employee.
Actuarial equivalent shall mean a benefit having
the same present value as the benefit it replaces.
Average final compensation shall mean the annual
earnable compensation of a member during either the
last one (1) year or the highest year of membership
service, whichever is greater.
For any member who became an employee before
March 8, 1984, but whose active membership in the
retirement system ceased before May 23, 1985, average
final compensation shall mean the average annual
earnable compensation of such member during either the
last two (2) years or the highest two (2) years of
membership service, whichever is greater.
Beneficiary shall mean any person receiving a
retirement allowance or other benefit from the
retirement system.
Benefit shall mean a retirement allowance or other
payment provided by the retirement system.
Board or board of trustees shall mean the board of
trustees of the retirement system.
City employee shall mean any person employed by
the city.
COLA shall mean cost -of -living allowance.
Creditable service shall mean membership credit
upon which a member's eligibility to receive benefits
under the retirement system is based or upon which the
amount of such benefits is determined.
DROP shall mean Deferred Retirement Option
Program.
DROP account shall mean the account established
for each DROP participant.
- 2 -
11300
DROP participant shall mean a beneficiary
participating in the DROP.
Early service retirement shall mean a member's
withdrawal from service under circumstances permitting
payment of a retirement allowance before such member is
eligible for normal service retirement.
Earnable compensation shall mean an employee's
base salary, including pick-up contributions, for all
straight time hours worked, plus assignment pay and
payments received for vacation and sick leave taken,
jury duty, and death -in -family leave taken, and any
other items, if any, currently included in the
calculation of average final compensation. Earnable
compensation shall not include overtime pay; payments
for accrued sick leave, accrued vacation leave, or
accrued compensatory leave; holiday pay; premium pay
for holidays worked; the value of any employment
benefits or nonmonetary entitlements; or any other form
of remuneration.
Employee shall mean a fire fighter or police
officer presently employed by the city as a fire
fighter or police officer, whether in the classified or
unclassified service of the city.
Any member of the retirement system who becomes
employed by the Dade County Metropolitan Government by
virtue of the merger, transfer or assignment of
governmental units or functions and who does not elect
within six (6) months thereafter to become a member of
the state and county officers and employees' retirement
system shall, so long as such employment continues, be
deemed an employee within the meaning of this section.
In its capacity as the employer of such member, the
Dade County Metropolitan Government shall be deemed to
be included with the term "city" as such term is used
herein to refer to the city in its capacity as the
employer of a member.
Excess interest earnings shall mean the difference
between the return on the actuarial market value of the
average assets (investment and noninvestment) of the
City of Miami Fire Fighters' and Police Officers'
Retirement Trust Fund, as calculated in accordance with
Chapter 112 of the Florida Statutes, and the assumed
return on the actuarial market value of such assets for
active members on the current actuarial valuation
report.
Fire fighter shall mean any person initially
employed as a full-time professional fire fighter by
- 3 -
11300
the city, whose primary responsibility is the
prevention and extinguishment of fires, the protection
of life and property, and the enforcement of any law
pertaining to the prevention and control of fires.
FOP shall mean The Fraternal Order of Police,
Lodge #20.
Fund shall mean the City of Miami Fire Fighters'
and Police Officers' Retirement Trust Fund.
IAFF shall mean the International Association of
Fire Fighters, AFL-CIO, Local 587.
Member or member in service shall mean an employee
for whom contributions to the retirement system are
made as required by this division.
Member absent from service shall mean any member
ceasing to be a city employee who is absent from
service less than three ( 3 ) years in a period of five
(5) consecutive years after last becoming a member and
who does not withdraw his or her accumulated
contributions. In order for a member absent from
service to be entitled to receive a benefit during the
period before membership elapses, the benefit must have
vested prior to the member's ceasing to be a city
employee.
Member not in service shall mean any member who
exercises a vested right to retirement pursuant to
section 40-212(D).
Membership credit shall mean credit received by a
member for time spent in membership service or for such
time as is otherwise authorized by this division.
Membership service shall mean service as an
employee on account of which contributions to the
retirement system are made as required by this
division.
Miami City Employees Retirement System shall mean
the city pension system which was established effective
January 1, 1940, pursuant to Ordinance No. 2230,
enacted December 6, 1939.
Noninvestment expenses shall mean the costs of
administering the retirement system. Salaries for
office staff, overhead, professional fees for
actuaries, accountants, and attorneys, and other
similar costs are examples of noninvestment expenses.
- 4 -
11300
Normal costs shall mean the cost of benefits
attributable to the current year under the frozen
entry -age actuarial costs method.
Option shall mean one (1) of several choices
available to members with respect to the manner in
which a retirement allowance may be paid.
Payback shall mean a member's contribution to the
retirement system for membership credit for which other
than regular contributions may be made pursuant to this
division. Contributions permitted for paybacks shall
not be picked up by the city but may be deducted from a
member's compensation.
Pension shall mean a series of periodic payments
usually for life, payable in monthly installments.
Pick-up amounts shall mean employer contributions
derived from a member's earnable compensation through a
reduction in the member's earnable compensation.
Police officer shall mean any person employed by
the city who is vested with authority to bear arms and
make arrests, and whose primary responsibility is the
prevention and detection of crime or the enforcement of
the penal, criminal, traffic, or highway laws of the
State of Florida.
Regular contributions shall mean amounts picked up
by the city from the earnable compensation of a member.
Regular contributions shall not include payback
contributions of any kind or nature or any other
amounts which may be deducted from a member's
compensation pursuant to this division.
Regular interest shall mean interest at the rate
determined by the board of trustees pursuant to section
40-206 (B) .
Retirement shall mean a member's withdrawal from
service with a benefit granted to the member pursuant
to the provisions of this division.
Retirement allowance shall mean a pension provided
by the retirement system.
Retirement system shall mean the City of Miami
Fire Fighters' and Police Officers' Retirement Trust.
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
- 5 -
11300
retirement upon the member's combined age and
creditable service equaling at least sixty-four (64).
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 equaling at least seventy (70).
Service shall mean active service as an employee.
Service retirement shall mean a member's
retirement from service under circumstances permitting
payment of a retirement allowance without reduction
because of age or length of creditable service and
without special qualifications such as disability.
Service retirement shall be considered normal
retirement.
Trustee shall mean a member of the board of
trustees of the retirement system.
Unfunded liability shall mean "unfunded actuarial
liability" which is the excess of the actuarial accrued
liability of the retirement system over the value of
its present assets. The term "unfunded liability"
shall include the frozen unfunded liability of the
retirement system.
Vested benefit shall mean an immediate or deferred
benefit to which a member has gained a nonforfeitable
right under the provisions of this division. Minimum
vesting shall mean ten (10) years of creditable
membership before the member is entitled to retirement
benefits except accidental disability retirement,
service incurred disability retirement, and ordinary
death benefits.
Sec. 40-201. Retirement system established; purpose;
name; date operative.
A retirement system is hereby established and
placed under the administration and management of a
board of trustees for the purpose of providing
retirement benefits pursuant to the provisions of this
division. The retirement system established herein
shall be known as the "City of Miami Fire Fighters' and
Police Officers' Retirement Trust" and shall be
effective as of June 13, 1985.
Sec. 40-202. Board of trustees.
- 6 -
113V�
(A) Selection.
(1) The board of trustees of the retirement system
shall consist of nine (9) persons selected as
follows:
(a) One (1) trustee selected by the city manager,
which trustee shall not be a city
commissioner, the city manager, the city
finance director, or an assistant finance
director;
(b) Two (2) trustees selected by the fire
fighters, which trustees shall belong to the
bargaining unit represented by the IAFF and
shall be elected and serve according to the
constitution and bylaws of the IAFF;
(c) Two (2) trustees selected by the police
officers, which trustees shall belong to the
bargaining unit represented by the FOP and
shall be elected and serve according to the
constitution and bylaws of the FOP; and
(d) Four (4) independent trustees, which trustees
shall not be city employees, selected by the
commission. Two (2) such trustees shall be
selected from a list of six (6) persons
submitted by the FOP according to its
constitution and bylaws, and two (2) such
trustees shall be selected from a list of six
(6) persons submitted by the IAFF according
to its constitution and bylaws. Each of the
lists submitted to the commission shall not
contain any name which duplicates a name
appearing on the other_ lists. In the event a
duplication of names does occur, both lists
shall be returned by the commission for
resubmission without duplication.
An independent trustee shall have at least
the following qualifications:
(i) Be presently employed or self-
employed on a full-time basis, or be
retired from such;
(ii) Have resided in Miami (or its
immediate environs) for the past five
(5) years;
(iii) Be able to attend board meetings if
scheduled well enough in advance and
- 7 -
3L1300
agree to resign from the board if
meeting attendance is less than
seventy-five (75) percent in a one-
year period;
(iv) Have been involved in, within the
last five (5) years, and be
knowledgeable about, employee pension
or similar fringe benefits;
(v) Have knowledge of, be familiar with,
and have had exposure to
labor/management relations;
(vi) Have knowledge of and be familiar
with business principles;
(vii) Have not been, within the last five
(5) years, a public employee union
representative nor a representative
of management for the city;
(viii) Not be actively involved in nor
aspire to be actively involved in
city, county or state politics.
(2) A trustee shall take an oath of office within ten
(10) days following selection as a member of the
board.
(B) Term of office.
(1) The term of office for each trustee shall be two
(2) years except for the initial trustees who
shall serve as follows:
(a) Of the trustees selected by the fire
fighters, one (1) shall serve for a one-year
term and the other for a two-year term;
(b) Of the trustees selected by the police
officers, one (1) shall serve for a one-year
term and the other for a two-year term;
(c) Of the two (2) independent trustees appointed
by the commission from the list submitted by
the IAFF, one (1) shall serve for a one-year
term and the other for a two-year term;
(d) Of the two (2) independent trustees appointed
by the commission from the list submitted by
the FOP, one (1) shall serve for a one-year
term and the other for a two-year term; and
- 8 -
(e) The trustee appointed by the city manager
shall serve for a two-year term.
(2) Trustees may serve as many consecutive terms as
those participating in the respective selection
processes deem appropriate.
(C) Fiduciary responsibility. Members of the
board of trustees shall be the named fiduciaries of the
retirement system. As named fiduciaries, the trustees
shall discharge their duties and responsibilities
solely in the interest of members and beneficiaries of
the retirement system:
(1) For the exclusive purpose of providing benefits to
members and their beneficiaries and defraying
reasonable expenses of administering the
retirement system;
(2) With the care, skill, prudence and diligence under
the circumstances then prevailing that a prudent
person acting in a like capacity and familiar with
such matters would use in the conduct of an
enterprise of a like character and with like aims;
and
(3) In accordance with ordinances and other applicable
law, documents and other instruments governing the
retirement system.
(D) Compensation. Trustees who are employees of
the city, whether fire fighters, police officers, or
otherwise, shall be granted leave with full pay when
functioning as a trustee during their normal working
hours. Such trustees shall not otherwise be paid for
their services as trustees. All other trustees shall
be compensated at any given time in the same manner as
are members of the city's civil service board.
(E) Meetings; voting; quorum; officers.
(1) The board shall meet at least once every two (2)
months following appropriate public notice and
shall meet and conduct the business of the
retirement system in accordance with Chapter 286
of the Florida Statutes.
(2) As a member of the board, each trustee shall be
entitled to one (1) vote, and five (5) concurring
votes shall be necessary for a decision by the
board. Five (5) trustees shall constitute a
- 9 -
11300
quorum for the purpose of meeting and transacting
the business of the board.
(3) The board shall elect a trustee as chairman and a
trustee as vice-chairman of the board.
(F) Vacancies; removal.
(1) If a vacancy occurs on the board due to
resignation, death, removal or otherwise, the
vacancy shall be filled for the unexpired term of
the departing trustee in accordance with the
provisions of this section for selection of the
trustee who has vacated the office.
(2) The board may remove a trustee prior to completion
of his or her designated term of office for proper
cause only, which cause shall be stated in
writing. Notwithstanding any provision of this
division to the contrary, six (6) concurring votes
shall be necessary to effect such removal. Proper
cause shall mean a trustee's failure to
satisfactorily discharge his or her fiduciary
duties and responsibilities, including, but not
limited to, failure to attend seventy-five (75)
percent or more board meetings in a one-year
period.
Sec. 40-203. Administration of retirement system.
(A) Plan administrator. The board shall serve as
plan administrator of the retirement system.
(1) The general administrative duties of the board
shall be:
(a) To maintain such records as are necessary for
calculating and distributing retirement
system benefits;
(b) To maintain such records as are necessary for
financial accounting and reporting of
retirement system funds;
(c) To maintain such records as are necessary for
actuarial evaluation of the retirement
system, including investigation into the
mortality, service and compensation
experience of its members and beneficiaries;
=[1s
11300
(d) To compile such other administrative or
investment information as is necessary for
the management of the retirement system;
(e) To process, certify and/or respond to all
correspondence, bills and statements received
by the retirement system, as well as all
applications submitted to the board for
retirement system benefits;
(f) To establish and maintain communication with
city departments and other local, state and
federal governmental units as is necessary
for the management of the retirement system,
including preparing, filing, and distributing
such reports and information as are required
by law to be prepared, filed or distributed
on behalf of the retirement system;
(g) To establish and maintain such other
functions as are necessary to administer,
manage and operate the retirement system, or
as otherwise required by law.
(2) The board shall submit the following information
annually to the commission no later than July
first of each year: (a) a report showing the
fiscal transactions of the retirement system for
the year ending on the preceding September
thirtieth as well as the amount of accumulated
cash, securities, and other property of the
retirement system on that date, and (b) the
current actuarial valuation of the assets and
liabilities of the system.
The actuarial value of assets held by the
retirement system shall be designated as the lower
of moving market value average (three (3) years)
or statement value. The board may approve other
methods of determining the actuarial value of
retirement system assets if such other methods are
recommended by the actuary retained by the board
and found by the Florida Bureau of Local
Retirement Systems, Division of Retirement,
Department of Administration, or its successor, to
be in compliance with state law. Prior to the
first meeting of the board to consider a change in
the method of determining the actuarial value of
retirement system assets, the board shall give
timely, written notice to the city of the proposed
change.
11300
(3) At least once in each three-year period, the board
shall cause an actuarial investigation to be made
into the mortality, service and compensation
experience of the members and beneficiaries of the
retirement system. Taking into account the result
of this investigation, the board shall adopt for
the retirement system such mortality, service and
other tables as are necessary and proper. On the
basis of these tables, an annual actuarial
valuation of the assets and liabilities of the
funds of the retirement system shall be made.
Actuarial assumptions based on three-year
experience analyses may be modified by the board
at such times as it deems appropriate. When a
change in actuarial assumptions is considered by
the board, sixty (60) days' notice shall be given
to the city prior to the first meeting of the
board to consider any such change or any proposal
or recommendation related thereto. Thereafter,
reasonable notice shall be given to the city of
any and all subsequent meetings at which the issue
of a change in actuarial assumptions or a related
proposal or recommendation is to be considered.
(B) Pension administrator; board physician;
advisors.
(1) The board shall employ a pension administrator to
assist the board in the performance of its
administrative duties. The pension administrator
may, subject to the approval of the board, employ
such staff as is necessary for the proper
administration of the retirement system.
(a) The pension administrator selected by the
board shall have at least the following
qualifications:
(i) Have an accounting or pension
administration background;
Have managerial experience
including hiring, directing and
motivating a small staff;
Have sufficient knowledge or
experience to supervise data
processing operations;
(iv) Have experience with filing
government forms (including those
related to federal and state
- 12 -
I1300
compliance requirements) and have
the initiative to obtain resource
data when specific information is
not readily available;
(v)
Be capable of using benefit
formulas to calculate and pay
benefits;
(vi)
Be capable of prudent financial
management and obeying guidelines
established by the board;
(vii)
Be capable of developing cash flow
projections;
(viii)
Be capable of preparing financial
reports reflecting the activity of
the trust and financial trends;
(ix)
Be capable of maintaining an
investment schedule;
(x)
Be capable of maintaining minutes
of meetings of the board of
trustees;
(xi)
Be capable of preparing
correspondence, issuing forms,
receiving and processing benefit
clams, and expressing ideas in
writing;
(xii) Be able to insist upon, and
actively pursue delivery of, all
reports and other documents
required for efficient operation of
the retirement system;
(xi ii) Have effective oral communications
skills;
(xiv) Have a good employment attendance
record;
(xv) Be efficient, practical and
committed to responsible and
effective operation of the
retirement system, its finances and
expenses;
(xvi) Be able to remain neutral on
decisions to be made by the board
- 13 -
and serve all board members in an
impartial and arms -length fashion,
giving due recognition to the
ultimate fiduciary obligation to
members and beneficiaries of the
retirement system.
(b) The board shall have a continuing duty to
observe and evaluate the performance of any
pension administrator employed by the board.
The board shall, in selecting any such
pension administrator, exercise all judgment
and care under the circumstances then
prevailing which persons of prudence,
discretion and intelligence exercise in the
management of their own affairs.
(2) The board shall retain a physician to assist the
board in the performance of its administrative
duties. The physician shall conduct or otherwise
provide for any medical examination required under
the provisions of this division and may refer any
examinee to a specialist or specialists.
Following any medical examination required by this
division, and after taking into consideration the
reports of specialists, if any, the physician
shall submit written conclusions and
recommendations regarding the examinee to the
board.
(3) The board shall have authority to retain its own
legal counsel, accountants, actuaries, and other
professional advisors to assist the board in the
performance of its administrative duties. The
board may act without independent investigation
upon the professional advice of advisors so
retained.
(4) The board shall, consistent with its independence
from the board of trustees of the City of Miami
General Employees' and Sanitation Enforcement
Retirement Trust, endeavor to share personnel,
services and facilities with the latter board.
(C) Public records; board documents; written
communication to and from city; commission agenda.
(1) The board shall keep a record of all of its
proceedings which shall be maintained and open to
public inspection in accordance with Chapter 286
of the Florida Statutes. Such records shall
reflect a complete and comprehensive account of
the discussions and actions taken by the board.
- 14 -
11300
(2) The board shall provide the city manager with
copies of all documents relating to the retirement
system contemporaneously with the making or
receipt of such documents by the board or
immediately thereafter. The city manager shall
provide the pension administrator of the board
with copies of all documents relating to the
retirement system contemporaneously upon the
making or receipt of such documents by the city or
immediately thereafter. All written
communications relating to the retirement system
from the board to the city shall be made directly
to the city manager. All written communications
to the board from the city shall be made directly
to the board, with copies to the pension
administrator of the board.
(3) When a hearing before or consideration by the
commission is required for retirement system
business, such business shall be placed on the
agenda of the commission and heard at its next
regularly scheduled meeting; provided, that any
request for hearing or consideration of retirement
system business complies with the city's
requirements or guidelines as to timeliness and
adequacy of information.
(D) Rules and regulations. Subject to any
limitation contained in this division, the board may
from time to time establish such rules and regulations
as are necessary for efficient administration and
management of the retirement system.
Sec. 40-204. Trust fund.
(A) Nature of trust.
(1) The Miami City Employees' Retirement System Trust
is an irrevocable trust previously established by
ordinance. The commission, having retained that
right, hereby appoints a successor to administer
the trust thereby created. The successor trustee
designated by the commission shall be the board of
trustees of the City of Miami Fire Fighters' and
Police Officers' Retirement Trust. Hereafter, the
Miami City Employees' Retirement System Trust
shall be known as the City of Miami Fire Fighters'
and Police Officers' Retirement Trust Fund but it
shall remain and continue as the same irrevocable
trust as set forth in prior city ordinances.
- 15 -
11300
(2) The board shall be vested with full legal title to
the City of Miami Fire Fighters' and Police
officers' Retirement Trust fund and shall hold the
fund as an irrevocable trust to be applied from
time to time in accordance with the provisions of
this division. All payments made to the fund by
the city and by members of the system, and all
assets whatsoever of the fund and the income
thereof, without distinction between principal and
income, shall be held by the board in a single
trust fund. The board may, however, segregate or
invest separately any portion of the fund.
(3) Members of the board of trustees shall be the
named fiduciaries of the fund. As named
fiduciaries, the trustees shall hold, manage,
control and safeguard the fund solely in the
interest of members and beneficiaries of the
retirement system:
(a) For the exclusive purpose of providing
benefits to members and their beneficiaries
and defraying reasonable expenses of
administering the retirement system;
(b) With the care, skill, prudence and diligence
under the circumstances then prevailing that
a prudent man acting in a like capacity and
familiar with such matters would use in the
conduct of an enterprise of a like character
and with like aims;
(c) By diversifying the investments of the fund
so as to minimize the risk of losses, unless
under the circumstances it is clearly prudent
not to do so;
(d) In accordance with ordinances and other
applicable law, documents and other
instruments governing the fund.
(4) The board shall have authority to retain its own
legal counsel, accountants, actuaries and other
professional advisors to assist the board in the
performance of its trust duties. The board may
act without independent investigation upon the
professional advise of advisors so retained.
(5) The board is authorized to prosecute or defend
actions, claims or proceedings of any nature or
kind for the protection of fund assets and for the
- 16 -
11300
protection of the board in the performance of its
duties.
(B) Trust property.
(1) Trust property shall consist of all cash,
securities and other property previously
accumulated on behalf of the Miami City Employees'
Retirement System Trust, together with such other
cash, securities and other property as the board
may at any time hold or acquire from or on behalf
of the city or members of the retirement system
pursuant to this division, and the accruals
thereto.
(2) The board may buy, sell, convert, redeem, exchange
or otherwise dispose of trust property at any
public or private sale, without notice or
advertisement, for cash or upon credit with or
without security, without obligation on the part
of any person dealing with the board to see the
application of the process of or inquire into the
validity, expedience or propriety of any such
disposition, and may make, execute, acknowledge
and deliver contracts, assignments, waivers or
other instruments.
(3) The board shall have the authority to vote upon
any stocks, bonds or securities of any
corporation, association or trust and to give
general or specific proxies and powers of attorney
with or without power of substitution; to
participate in mergers, reorganizations,
recapitalizations, consolidations, and similar
transactions with respect to such securities; to
deposit such stock or other securities in any
voting trust or any protective or like committee
or with depositories designated by the board,
subject to the approval of the commission; to
amortize or fail to amortize any part or all of
the premium or discount resulting from the
acquisition or disposition of assets; and
generally, to exercise any of the powers of an
owner with respect to stocks, bonds or other
investments comprising the fund which the board
may deem to be in the best interest of the fund to
exercise.
(C) Investments.
(1) Subject to the maximum total limitations set forth
in subsection (3) below, trust funds may be
invested in:
- 17 -
11300
(a) Bonds, notes or other obligations of the
United States or any of its agencies or those
guaranteed by the United States or for which
the credit of the United States is pledged
for the payment of the principal and interest
or dividends thereof; any of the foregoing
may be in the form of commingled accounts as
long as the guidelines of this paragraph are
met;
(b) Accounts and certificates of deposit in any
bank or other financial institution
incorporated under the laws of this state or
any national bank organized under the laws of
the United States and authorized to do
business and situated in this state, to the
extent that such certificates of deposit are
secured by the deposit of securities of the
United States government; any of the
foregoing may be in the form of commingled
accounts as long as the guidelines of this
paragraph are met;
(c) Notes secured by first mortgage on real
property insured or guaranteed by the Federal
Housing Administration or the Veterans'
Administration;
(d) Interest -bearing obligations with a fixed
maturity of any corporation organized under
the laws of the United States, any state or
organized territory of the United States and
the District of Columbia; provided that such
obligations are rated by at least two (2)
nationally recognized rating services in any
one (1) of the four (4) highest
classifications approved by the comptroller
of the currency for the investment of funds
of national banks or, if only one (1)
nationally recognized rating service shall
rate such obligations, such rating service
must have rated such obligations in any one
(1) of the three (3) highest classifications
heretofore mentioned;
(e) Venture capital, private placements and
letter stocks, which may be in the form of
commingled ownership;
(f) Real estate, which may be in the form of
commingled ownership; and
- 18 -
11300
(g) Financial institutional futures, listed
options, stock index futures may be used
under specific instruction to managers.
(2) Subject to the maximum total limitations set forth
in subsection (3) below, each manager may not
invest more than five (5) percent of the equities
portion of that manager's portfolio, based upon
cost at time of purchase, in any one (1) entity of
the following: common stock, preferred stock and
interest -bearing obligations of domestic
corporations having an option to convert into
common stock, issued by a corporation organized
under the laws of the United States, any state or
organized territory of the United States, and the
District of Columbia; provided, however, that any
such corporation shall have a minimum market
capitalization of fifty million dollars
($50,000,000.00); and further provided that no
such investment shall exceed one (1) percent of
the outstanding capital stock of any such
corporation.
(3) The following ranges and limitations, based upon
cost at time of purchase shall apply to all
investments:
Fixed Real
Equities Income Estate
0%-65g 0%-65% 0%-15%
Venture
Cash Capital Other
0%-65%- 0`•k-5% 0%--10g
(4) In accordance with the foregoing standards and
limitations, the board shall have authority to
acquire every kind of property and investment
which persons of prudence, discretion and
intelligence acquire for their own accounts. The
board may retain property properly acquired
without limitation as to time and without regard
to its suitability for original purchase.
(D) Money manager.
(1) Pursuant to written agreement, the board shall
retain one (1) or more money managers for the
management of property held in the fund, and the
board shall convey property of the fund to such
- 19 -
11300
money manager(s) for investment and reinvestment
in accordance with this section.
(a) The board shall establish written guidelines
and objectives against which the investment
performance of any money manager retained by
the board shall be measured. If a money
manger fails to meet the guidelines and
objectives, or fails to perform in accordance
with its contractual agreement with the
board, the money manager may be terminated by
the board. The performance of the investment
portfolio for the retirement system, shall
not be less than ninety (90) percent of the
median performance of comparable portfolios
as determined jointly by the board and the
city manager. If the performance falls below
that minimum standard, the money manager(s)
shall automatically be removed unless, based
upon extenuating circumstances, the board
recommends continuation and such continuation
is approved by the commission.
(b) In the acquisition, investment, reinvestment,
exchange, retention, sale and management of
property for the benefit of the fund, the
money manager(s) shall exercise all judgment
and care under the circumstances then
prevailing which persons of prudence,
discretion and intelligence exercise in the
management of their own affairs, not in
regard to speculation, but in regard to the
permanent disposition of their funds,
considering the probable income as well as
the probable safety of their capital.
(c) Upon written request by the board, the money
manager(s) shall disburse cash or property
from the fund to the board or its designee.
In requesting the money manager(s) to make
any such distribution, the board shall follow
the provisions of this division and shall not
direct that any payment be made that would
cause any part of the fund to be used for or
diverted to purposes other than providing
benefits to members and beneficiaries of the
retirement system and defraying reasonable
expenses of administering the retirement
system. Any written request to the money
manager(s) from the board shall constitute a
certification that the distribution so
requested is one that the board is authorized
to direct, and the money manager(s) shall not
- 20 -
11300
be required to investigate the application of
such money by the board or its designee.
(2) The board shall have a continuing duty to observe
and evaluate the performance of any money manager
or other investment counsel retained by the board.
The board shall, in selecting a money manager or
other investment counsel, exercise all judgment
and care under the circumstances then prevailing
which persons of prudence, discretion and
intelligence exercise in the management of their
own affairs.
(E) Records to be maintained.
(1) The board shall require that any money manager or
other agent who has custody or control of any
trust property, keep accurate and detailed
accounts of all investments, receipts,
disbursements and other transactions of or
pertaining to such trust property, and the board
shall further require that all accounts, books and
records relating thereto be open to inspection and
audit at all reasonable times by the city, the
board, or their designees.
(2) The board shall also keep accurate and detailed
accounts of all investments, receipts,
disbursements and other transactions of or
pertaining to trust property, and all accounts,
books and records relating thereto shall be open
to inspection and audit at all reasonable times by
the city or its designees.
(FZ DROP account exceptions.
(1) None of the restrictions in this section
hereinabove shall apply to assets in DROP accounts
which may be invested in any investments otherwise
not prohibited by law.
Sec. 40-205. Contributions.
(A) Member contributions.
(1) Effective January 9, 1994, and thereafter, regular
contributions of each member of the retirement
system shall be made each pay period at the rate
of ten (10) percent of each member's earnable
compensation. Regular contributions required
- 21 -
11300
prior to January 8, 1994, shall be at the prior
rate of contribution.
(B) City contributions. Effective October 1,
1993, the city's annual fiscal contribution to the
retirement system shall provide for the following: (1)
noninvestment expenses of the retirement system; and
(2) normal costs of the retirement system.
(1) The city's contribution for noninvestment expenses
of the retirement system in any given fiscal year
shall be determined by the same process the city
uses for that fiscal year in determining the
budget of the downtown development authority and
the department of offstreet parking.
(2) The city's contribution to normal costs for F!Pe
the retirement system shall be determined by
applying the actuarially calculated aggregate
normal cost percentage rate to the valuation
payroll (covered payroll of active participants).
The contribution shall be determined as of
October 1 of each year (based on the valuation
payroll and the program provisions in effect at
that time) for the fiscal year beginning on the
subsequent October 1, adjusted for interest for
one (1) year, based on the actuarial assumptions.
The funding method will be the aggregate actuarial
cost method as such method is defined as of the
date of the amended final judgment by the American
Academy of Actuaries.
(3) The actuarial methodology for evaluating assets
shall be a moving market value averaged over three
(3) years, from October 1, 1992, prospectively.
(As of October 1, 1992, market value shall be
used; as of October 1, 1993, a two-year moving
average shall be used; as of October 1, 1994, and
thereafter, the three-year moving average shall be
used.) The average of ratios of market to book
values as of the current and two (2) most recent
September 30's is applied to book value at the
current September 30. The result cannot be
greater than one hundred (120) percent of market
value or less then eighty (80) percent of market
value.
(4) The parties recognize that the amount to be
contributed by the city to normal costs in any
given year is affected by the assumptions made by
the actuaries who calculate the normal costs by
the method set forth in subsection (2) above.
- 22 -
11300
(5) The calculation for normal costs shall be
performed separately by actuaries for the city and
for FiP9 the retirement system each using the
method set forth in subsections (2) and (3) above.
nrIPE)la the retirement system's actuary shall use
the actuarial assumptions adopted by the ^ems
board. The city's actuary may use any actuarial
assumptions deemed appropriate by that actuary.
If FIP9 the retirement system's actuary and the
city's actuary agree on the normal costs
contribution for the city, that amount shall be
contributed by the city. If the two (2) actuaries
cannot agree on the normal costs contribution
after attempting to do so, they shall promptly
select an independent third actuary. If they are
unable to agree on a third actuary, one (1) shall
be selected by the American Academy of Actuaries.
The third actuary shall, as soon as practicable,
submit a funding recommendation utilizing standard
acceptable funding techniques and assumptions to
FIP6 the retirement system and the city
commission. The city commission shall then fund
the amount recommended by either —the
retirement system's actuary or the city's actuary,
whichever recommendation is closer to the
recommendation of the third actuary.
( 6 ) On or before May 15 of each year, the board shall
certify to the city manager:
(a) The amount of appropriation necessary to pay
the normal costs to the FIPG the retirement
system for the next fiscal year, and
(b) The amount of appropriation required to pay
the noninvestment expenses of the retirement
system for the next fiscal year.
(7) All contributions made by the city to Fife the
retirement system for any given fiscal year shall
be made quarterly, plus interest, in equal
payments, on the first day of each quarter during
the fiscal year in question; or sooner, at the
city's option, with appropriate interest
adjustment. If the amount of the contribution for
normal costs to £!P9 the retirement system has not
been determined by the payment date, then the city
shall make quarterly payments, based upon the
prior year's contribution. Once the amount of
normal costs is determined, if the amount of the
contribution differs from the amount previously
paid, then a corresponding adjustment shall be
made in full on the next quarterly payment.
- 23 -
11300
Sec. 40-206. Accounts.
(A) Membership account.
(1) The membership account shall be credited with the
accumulated contributions of each member of the
retirement system and the accumulated
contributions of each member absent from service.
(2) Accumulated contributions withdrawn by a member or
withdrawn by a member absent from service, and
accumulated contributions paid to a legal
representative or designated beneficiary in the
event of a member's death while a member, shall be
charged to the membership account.
(3) Upon the retirement of a member or upon a member's
election of a vested right to retirement, an
amount equal to the member's accumulated
contributions shall be from the membership account
to the benefit account.
(B) Benefit account
(1) The benefit account shall be credited with
accumulated contributions transferred from the
membership account, all city contributions to the
retirement system, all miscellaneous income
payable to the retirement system, all interest and
dividends earned on the funds of the retirement
system (except as provided in paragraph (b)
below), and all reserves for payment of retirement
system benefits.
(a) Miscellaneous income- The benefit account
shall be credited with any miscellaneous
income payable to the retirement system.
Such income includes:
(i) All fines and penalties imposed on
fire fighters or police officers for
breach of any rule of the police or
fire departments;
All rewards in moneys, fees, gifts
and emoluments that may be paid or
given for or on account of
extraordinary service by the police
or fire departments or any member
thereof (except when allowed to be
retained by competitive award or by
the rules of the departments), and
�X,=
11300
all moneys, gifts or donations
received or given or earned by the
police and fire departments for
pension or retirement benefits; and
(iii) All other sums which may be paid or
payable to the retirement system
other than pursuant to this
division.
Miscellaneous income shall be applied as a
credit against contributions otherwise
required to be made to the retirement system
by the city.
(b) Interest and dividends. All interest and
dividends earned on the funds of the
retirement system shall be credited to the
benefit account. On January first of each
year, the board shall transfer from the
benefit account to the membership account,
amounts sufficient to allow regular interest
on the balances of the members' accounts in
the membership account. "Regular interest"
shall mean interest at such percent rate
compounded annually as shall be determined by
the board to be equitable both to members and
to taxpayers of the city, after taking into
consideration the actual interest earnings of
the retirement system for the preceding years
and the probable earnings of the system in
the future. Such rate shall be limited to a
minimum of three (3) percent and a maximum of
four (4) percent.
(2) All expenses of the retirement system shall be
chargeable to the benefit account. Such expenses
include, but are not limited to, the following:
(a) All retirement benefits paid to beneficiaries
of the Miami City Employees' Retirement
System and to beneficiaries of the City of
Miami Fire Fighters' and Police Officers'
Retirement Trust; and
(b) All retirement allowances paid to persons
under the provisions of the former pension
and/or retirement fund for members of the
police and fire departments of the City of
Miami or paid to former members of that fund
who did not become members of the Miami City
Employees' Retirement System.
- 25 -
11300
Sec. 40-207. Physical examination required; effect of
preemployment disability.
(A) An employee must submit to a physical
examination by the city physician or some other
physician authorized by the board before such employee
may be accepted as a member of the retirement system.
(B) Upon commencement of active membership in the
retirement system, a member with a specific disability
at the time of employment by the city shall waive in
writing any right to an accidental or service -incurred
disability retirement allowance based on the member's
preemployment disability or any aggravation thereof. A
member with a preemployment disability shall be
eligible for an accidental or service -incurred
disability retirement allowance only if it can be shown
to the satisfaction of the board that such member would
have been entitled to an accidental or service -incurred
disability retirement allowance notwithstanding the
preemployment disability.
Sec. 40-208. Membership; right of certain persons to
reject membership.
(A) The membership of the retirement system shall
include all employees, and any member who is absent
from service less than three (3) years in a period of
five (5) consecutive years after last becoming a member
and who has not withdrawn his or her accumulated
contributions. The active membership of the retirement
system shall include all employees but shall not
include any member absent from service or any DROP
participant.
(B) With the exception of persons eligible to
decline membership in the retirement system,
participation in the retirement system is a mandatory
condition of employment for employees. An employee's
acceptance of employment with the city shall constitute
authorization for the city to pick up contributions
from the earnable compensation of the employee, unless
and until an election is made. Those persons employed
in the following positions shall have the right to
reject membership in the City of Miami Fire Fighters'
and Police Officers' Retirement Trust ("retirement
system") 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:
chief of the fire,— -rescue
department, assistant chiefs of the fire,— -rescue—and
- 26 -
11300
department, chief of police and
assistant chiefs of police.
The conditions upon which membership in the
retirement system 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 system 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 system.
(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 system, 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.
(c) An employee may, if so provided in the trust
agreement, take actual or constructive
receipt of his or her contribution, or those
contributions made by the city on his or her
behalf prior to reaching age fifty-five ( 5 5 )
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. 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 system.
(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 system.
(C) Should any member in any period of five (5)
consecutive years after last becoming a member be
- 27 -
ii300
absent from service more than three (3) years, or
should any member withdraw accumulated contributions,
or should any member become a member of any other city -
sponsored retirement plan or system, or should any
member become a beneficiary or die, he or she shall
thereupon cease to be a member of the retirement
system.
(D) Upon request by the board, the city manager
shall submit to the board a statement showing the name,
title, compensation, duties, date of birth and length
of service of each member, as well as such other
information regarding members as the board may require
in order to transact the business of the retirement
system.
Sec. 40-209. Transfer of city employees to retirement
system.
(A) Any person employed by the city in a capacity
other than fire fighter or police officer, who is
reclassified and appointed to the position of fire
fighter or police officer and who, prior to such
appointment, was a member of the City of Miami General
Employees' and Sanitation Employees' Retirement Trust
("retirement plan"), shall have membership in the
retirement plan transferred to the retirement system,
effective the date of such appointment. Creditable
service earned while a member of the retirement plan
shall be deemed creditable service in the retirement
system upon such transfer.
(B) Commencing on the effective date of transfer
to the retirement system, a member who has transferred
from the retirement plan shall make regular
contributions at the rate required by the retirement
system. Accumulated contributions credited in the
retirement plan to the account of such member shall be
transferred to the membership account of the retirement
system and credited to the member thereunder. There
shall also be transferred from the benefit account of
the retirement plan to the benefit account of the
retirement system, the amount of assets, as determined
by actuarial valuation, held by the retirement plan for
any plan member who transfers to the retirement system.
(C) Any member of the retirement system who
transferred from the retirement plan may contribute to
the retirement system an amount computed to be
sufficient with the member's prospective regular
contributions to make accumulated contributions at
- 28 -
11300'
normal retirement age equal to the amount such
accumulated contributions would have been had the
member been a member of the retirement system during
his or her entire period of service with the city. If
such election is not made, upon service, early service,
rule of 70 or ordinary disability retirement, the
member's retirement allowance shall be reduced by the
actuarial equivalent of the amount by which accumulated
contributions fall short of the full amount which would
have been the member's accumulated contributions had he
or she been a member of the retirement system during
his or her entire period of service with the city. Any
member who elects to make a contribution pursuant to
this subsection, and who is granted disability
retirement under the retirement system, shall have his
or her disability retirement allowance reduced by the
actuarial equivalent of the then unpaid amounts.
(1) An election permitted by this subsection must be
made on a form provided by the board.
(2) Contributions made by a member pursuant to this
subsection may be made either by a single lump -sum
payment or by a series of periodic payments
mutually agreed upon by the member and the board,
including periodic deductions from the member's
compensation. Regardless of the manner of
payment, an amount to be contributed pursuant to
this subsection must be paid to the retirement
system within five (5) years of notification to
the member of the amount to be contributed.
Sec. 40-210. Creditable service.
(A) For any member of the retirement system,
creditable service shall consist of all time spent in
membership service since last becoming a member, plus
any other time for which membership credit is received
pursuant to the provisions of this division.
Creditable service previously obtained as a member of
the Miami City Employees' Retirement System shall be
deemed creditable service under the City of Miami Fire
Fighters' and Police officers' Retirement Trust to the
extent such service remained credited to the member on
May 23, 1985.
(B) The board shall fix and determine by
appropriate rules and regulations the amount of service
in any year which is equivalent to a year of membership
service, but in no case shall more than one (1) year of
membership service be creditable for all service in one
(1) calendar year. The board shall not allow credit
- 29 -
i1300
for membership service for any period of more than one
(1) month during which an employee is continuously
absent without pay. Subject to the foregoing
restrictions, the board may adopt rules and regulations
to verify membership credit claimed by any member.
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:
(A) Credit for previous membership service for
certain reemployed former members.
(1) If a former member of the retirement system who is
not a beneficiary and not within five (5) years of
reaching normal retirement age, whose membership
has not been terminated for a period in excess of
three (3) years and who, at the time of
termination of membership, had five (5) or more
years of creditable service, again becomes a
member, he or she may apply for membership credit
for prior membership service by filing with the
board an election to pay back the amount of
accumulated contributions previously returned to
him or her. If an election to receive membership
credit is made pursuant to this paragraph, a
member shall pay back withdrawn accumulated
contributions at the rate in effect when his or
her previous membership terminated, together with
regular interest thereon, or, subject to the
approval of the board, pay back an amount equal to
the total amount of accumulated contributions
previously withdrawn, together with regular
interest thereon.
(2) If a former member who is not a beneficiary, again
becomes a member and is not otherwise eligible to
receive membership credit pursuant to subsection
40-211(A)(1), he or she may apply to the board for
membership credit for prior membership service up
to a maximum of four (4) years, provided
separation from prior employment was under
honorable conditions. If an election to receive
membership credit is made pursuant to this
paragraph, the amount of contributions to be paid
back on account of prior membership service shall
be based upon the member's current earnable
compensation and the current contribution rate,
excluding interest.
tic
11300
(3) If a former member of the retirement system was
terminated by the city due to reduction in
personnel and is thereafter reemployed by the city
within a period of three (3) years, he or she may
apply for membership credit for prior membership
service by filing with the board an election to
pay back the amount of accumulated contributions
previously returned to him or her. If an election
to receive membership credit is made pursuant to
this paragraph, a member shall pay back withdrawn
accumulated contributions to the retirement system
in an amount determined by the board. Credit
shall not be allowed under the provisions of this
paragraph for employment with the city prior to
January 1, 1940.
(4) Any election permitted by this subsection must be
made on a form provided by the board. The form
shall be sent to a member by registered mail and
must be returned to the board within thirty (30)
days following receipt thereof in order to
establish the election desired.
(5) Contributions made by a member pursuant to this
subsection may be made either by a single lump -sum
payment or by a series of periodic payments
mutually agreed upon by the member and the board,
including periodic deductions from the member's
compensation. Regardless of the manner of
payment, any payback of contributions pursuant to
the subsection must be completed within five (5)
years of notification to the member of the amount
to be paid back.
(6) Upon timely payment in full of a payback permitted
by this subsection, and following a period of five
(5) years of active membership subsequent to a
member's date of restoration, a member shall be
credited with his or her previous membership
service; provided, that in the event of disability
retirement prior to the preceding terms having
been met, a member shall receive credit for
previous service but his or her disability benefit
retirement allowance shall be reduced by the
actuarial equivalent of the unpaid portion of the
amount to be paid back.
(7) Any person restored to active membership who is
eligible to, but does not, make an election
provided for in this subsection, or who, having
made the election, fails to complete a payback
within the required time (except as otherwise
- 31 -
J-1300
provided in paragraph (6) above), shall be
considered a new member for all purposes of the
retirement system as of his or her date of
restoration and shall not be entitled to any of
the rights and benefits provided under this
subsection.
(B) Credit for previous employment for certain
laborers, watchmen and custodial workers.
(1) Any member who has denied the right at any time
between April 1, 1955, and September 1, 1962, to
participate in the Miami City Employees'
Retirement System or in the Miami City General
Employees' Plan by reason of employment with the
city as a laborer, watchman or custodial worker,
may receive membership credit for time employed as
a laborer, watchman, or custodial worker between
the aforesaid dates, provided that:
(a) The member files a written claim with the
board on or before December 31, 1995, which
claim shall state all employment with the
city between April 1, 1955, and September 1,
1962, as well as any other facts the board
may require for the proper determination of
the membership credit claimed pursuant to
this subsection; and
(b) The member, prior to retirement or departure
from city employment, pays to the retirement
system contributions for the membership
credit claimed. Such contributions shall be
computed at the then contribution rate of the
member's group and class times the member's
then annual earnable compensation, plus four
(4) percent interest thereon, compounded
annually from the date of first creditable
service hereunder to the date of payment.
(2) Contributions made by a member pursuant to this
subsection may be made either by a single lump -sum
payment or by a series of periodic payments
mutually agreed upon by the member and the board,
including periodic deductions from the member's
compensation. Regardless of the manner of
payment, an amount to be contributed pursuant to
this subsection must be paid to the retirement
system within five (5) years of notification to
the member of the amount to be contributed.
(3) A payback permitted by this subsection must be
completed in full and within the required time
- 32 -
11300
period in order for any membership credit granted
hereunder to be utilized as a basis for
determining any retirement system benefit.
(C) Credit for military service.
(1) Notwithstanding any provision in this division to
the contrary, any employee who was a member of the
retirement system prior to entry into military
service, and who did not withdraw accumulated
contributions prior to military service, who was
granted a leave of absence by the city under the
provisions of Resolution No. 16366, passed and
adopted by the commission August 28, 1940, as
amended by Resolution No. 18115, passed and
adopted by the commission March 24, 1943, and who
returns to service under the provisions of such
resolution, shall retain membership in the
retirement system regardless of the length of the
period of absence. Any member of the retirement
system who qualifies as hereinabove set forth
shall, by contributing the amount he or she would
have contributed had he or she remained in service
for the period of time absent, receive membership
credit for the time spent in military service.
Payments made to the retirement system pursuant to
this paragraph shall be made in such manner as the
board prescribes.
(2) Any member of the retirement system who withdrew
accumulated contributions due to entrance into
military service during World War II, and who
qualifies under the provisions of Resolution No.
16366, passed and adopted by the commission August
28, 1940, as amended by Resolution No. 18115,
passed and adopted by the commission March 24,
1943, may receive membership credit for prior
membership service by redepositing the accumulated
contributions withdrawn, together with regular
interest thereon, in such manner as shall be
prescribed by the board.
(3) Any member who has served on active military duty
but is ineligible to claim credit for such service
under section 40-211(C)(1) or (2), shall receive
membership credit up to a maximum of four (4)
years for the time spent on active military
service in the armed forces of the United States,
provided that:
(a) The active military service was wartime
service as declared by federal statute or
executive order, and the member presents to
- 33 -
11300
the board such proof of wartime service as
the board shall determine to be sufficient;
(b) The member was discharged or released from
the military service under honorable
conditions;
(c) The member has completed ten (10) years of
creditable service;
(d) The member elects to claim membership credit
on a form provided by the board, which form
shall be sent to eligible members by
registered mail upon completion of ten (10)
years' creditable service and must be
returned to the board within thirty (30) days
after receipt thereof in order to establish
such election; and
(e) The member, prior to retirement, pays to the
retirement system contributions for such
military service. Such contributions shall
be computed at the current contribution rate
times the member's first year of earnable
compensation subsequent to July 1, 1945, for
which creditable service has been earned
under the retirement system, plus four (4)
percent interest thereon, compounded annually
from the date of first creditable service to
the date of payment.
(f) Contributions made by a member pursuant to
this paragraph may be made either by a single
lump -sum payment or by a series of periodic
payments mutually agreed upon by the member
and the board, including periodic deductions
from the member's compensation. Regardless
of the manner of payment, an amount to be
contributed pursuant to this subsection must
be paid to the retirement system within five
(5) years of notification to the member of
the amount to be contributed. If, however,
any member receives disability retirement
prior to the completion of a payback elected
under this paragraph, the member shall be
credited with the military service claimed
but his or her disability benefit shall be
reduced by the actuarial equivalent of the
unpaid portion of the amount to be paid back.
(D) Credit for maternity leave.
- 34 -
1-13 0
(1) Any member of the retirement system who, prior to
March 8, 1984, took an unpaid leave of absence for
maternity purposes shall be eligible to receive
membership credit for such unpaid leave up to a
maximum of one hundred eighty (180) days. Said
election shall be available until June 24,1985.
Those members electing to claim membership credit
pursuant to this provision shall pay into the
retirement system accumulated contributions at the
current contribution rate times their current
earnable compensation, such payment to be made
either in a lump sum or prorated over a period not
to exceed one (1) year.
(2) On or after May 23,1985, members shall be eligible
to receive membership credit for unpaid leave
taken for maternity purposes up to a maximum of
one hundred eighty (180) days, provided that they
have exhausted all vacation time, sick leave time,
earned overtime, or similar time. Those members
electing to claim membership credit pursuant to
this provision shall pay into the retirement
system accumulated contributions at the current
contribution rate times their current earnable
compensation, such payment to be made either in a
lump sum or prorated over a period not to exceed
one (1) year. Any payback made pursuant to this
paragraph must commence within thirty (30) days of
the member's return from the unpaid maternity
leave.
(E) Credit for disability retirement upon
restoration of beneficiary to service. Any member,
having been restored to membership subsequent to having
been retired as a disability beneficiary, may, upon
application to the board and approval thereof, receive
membership credit for the period of disability
retirement by contributing to the retirement plan the
amount he or she would have contributed during such
period of retirement, which payments shall be made in
such manner as shall be prescribed by the board.
(F) Restoration of service credit for prior
continuous service. Any member who has continuous
service with the City of Miami prior to becoming a
member of the system may elect to claim membership
credit for such prior service provided that such member
pay back for said prior continuous service in the
following manner: (1) if it has been determined that an
error occurred (which resulted in a delay in enrollment
in the system) and such error was through no fault of
the member and there is no evidence that the member had
been offered an opportunity to payback at the time such
- 35 -
11300
error was discovered, then the payback shall be
computed at the rates prevailing at the time the error
occurred, with regular interest thereon to date; (2) if
it has been determined that no error occurred (which
resulted in a delay in enrollment in the system) or
that such error did occur and was the fault of the
member or there is evidence that such error was not the
fault of the member but he/she had been offered an
opportunity to payback at the time such error was
discovered and chose not to elect to payback at that
time, then the payback shall be computed at current
rates without interest.
Such payment is to be made either in a lump
sum or prorated over a period not to exceed five (5)
years from the date such member receives the board's
verification of the amount. If, however, any member
receives a disability retirement prior to the
completion of a payback elected under this paragraph,
the member shall be credited with the time purchased
but his or her disability benefit shall be reduced by
the actuarial equivalent of the unpaid portion of the
amount to be paid back.
(G) Credi tabl e service years purchase from leave
balance. A retiring member who does not participate in
the DROP and retires 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
toward 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 (3) 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 prorata
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.
- 36 -
11300
Sec. 40-212. Benefits.
(A) Service retirement.
(1) Any member in service who has ten (10) or more
years of creditable service may elect to retire
upon the attainment of normal retirement age.
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) Normal retirement age for members shall be (50)
years of age. A member who continues as an
employee after attaining normal retirement age
shall remain a member while an employee and during
such period shall participate in the retirement
system in all respects. Retirement shall be
compulsory at age sixty (60) for members in
service.
(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.
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
- 37 -
i130
member's final average compensation multiplied by
the years of creditable service in excess of
fifteen (15) years which amount shall be paid
yearly in monthly 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 yearly in monthly
installments.
(4) A member eligible for 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(M).
(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
equaling 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
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.
- 38 -
11300,
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 yearly in monthly
installments.
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,
as provided in section 40-212(M).
(C) Rule of 64 retirement.
(1) 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 equaling 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.
(2) Upon rule of 64 retirement, on or after May 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 equal to three (3) percent of the
member's final average compensation multiplied by
the years of creditable service in excess of
fifteen (15) years.
Upon rule of 64 retirement, a fire fighter 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 years of creditable service which
amount shall be paid yearly in monthly
installments.
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).
(D) Early service retirement.
- 39 -
11300
(1) Any member in service who has twenty (20) or more
years of creditable service may elect to retire on
a retirement allowance which shall be the
actuarial equivalent of the service retirement
allowance otherwise available to the member upon
the attainment of normal retirement age. 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) 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(M).
3) A member who has elected to retire on an early
service retirement shall not be eligible to
participate in the DROP.
(E) Vested right to retirement.
(1) If a member who is not entitled to retire ceases
to be a city employee for any reason other than
death or willful misconduct in office, he or she
may elect to continue as a member not in service
and retire upon subsequent attainment of normal
retirement age, provided:
(a) That when the member ceases to be a city
employee, the member has completed at least
ten (10) years of creditable service; and
further provided
(b) That the member does not withdraw his or her
accumulated contributions.
(2) A member electing to become a member not in
service 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 member's average final
compensation multiplied by years of creditable
service which amount shall be paid yearly in
monthly installments, upon attainment of normal
retirement age. A member electing to become a
member not in service 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 the average final compensation
- 40 -
11300
multiplied by the years of creditable service for
the first fifteen 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 attainment of
normal retirement age.
(3) If a member who elects to become a member not in
service subsequently elects to withdraw his or her
accumulated contributions, the member not in
service shall be paid the amount of his or her
accumulated contributions at the time he or she
ceased to be a city employee, excluding all
amounts picked up from the member's earnable
compensation and credited to the COLA fund, plus
only such regular interest as has been accumulated
during the first three (3) years thereafter.
(4) If a member not in service dies prior to
retirement, his or her beneficiary shall be paid
the amount of his or her accumulated contributions
at the time he or she ceased to be a city
employee, excluding all amounts picked up from the
member's earnable compensation and credited to the
COLA fund, plus regular interest thereon to the
date of the member's death.
(5) If a person elects a vested right to retirement
under any retirement system or plan sponsored by
the city and thereafter becomes an employee, he or
she shall become a new member of the retirement
system on the date employment recommences and
shall make regular contributions to the retirement
system at the rate required by section 40-205 (A) .
Such member shall be entitled to receive a
retirement benefit therefor as if he or she were a
new entrant upon the date of subsequent employment
and, in addition, shall be entitled to receive a
retirement benefit for his or her employment in
accordance with paragraph (2) above.
(6Z A member not in service shall not be eligible to
participate in the DROP.
(F) Ordinary disability retirement.
(1) Any member in service who has ten (10) or more
years of creditable service but who is not
eligible for a service retirement allowance may,
upon written application, be retired by the board
on an ordinary disability retirement allowance;
- 41 -
11300
provided, that after medical examination of such
applicants the physician retained by the board
shall certify that the member is mentally or
physically totally incapacitated for the further
performance of duty (not as a result of an
accident in the actual performance of duty as
defined in subsection (G) of this section) that
such incapacity is likely to be permanent, and
that such member should be retired.
(2) (a) Upon retirement for ordinary disability 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 ninety (90)
percent of the member's average final
compensation multiplied by years of
creditable service, which amount shall be
paid yearly in monthly installments, provided
such retirement allowance exceeds thirty (30)
percent of the member's average final
compensation; otherwise, thirty (30) percent
of the member's average final compensation
shall be paid yearly in monthly installments.
(b) Upon retirement for ordinary disability 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 ninety (90) percent of the
member's average final compensation
multiplied by the first fifteen (15) years of
creditable service. Creditable service of
such member in excess of fifteen (15) years
shall be multiplied by three (3) percent of
ninety (90) percent of the member's average
final compensation times years of creditable
service, which amount shall be paid yearly in
monthly installments, provided such
retirement allowance is at least thirty (30)
percent of the member's average final
compensation, otherwise thirty (30) percent
of the member's average final compensation
shall be paid yearly in monthly installments.
(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), ne� for optional allowances
as provided in section 40-212(M), nor for
participation in the DROP.
- 42 -
11300
(4)_ A DROP participant shall not be entitled to
receive an ordinary disability retirement.
(G) Accidental or service -incurred disability
retirement.
(1) Any member in service who, prior to attaining the
age of sixty (60), has been totally and
permanently incapacitated for duty as the natural
and proximate result of an accident occurring
while in the actual performance of duty at some
definite time and place, shall be retired for
accidentally incurred disability; provided that:
(a) Such incapacity for duty has been total,
permanent and continuous from a time prior to
the member attaining the age of sixty (60);
(b) The physician retained by the board, after a
medical examination of such member, shall
certify in writing that the member is
mentally or physically totally incapacitated
in accordance with the definition of
permanent total disability;
(c) The board shall concur with the report of the
physician employed by the board; and
(d) The physical condition of the member shall be
subject to a review by the physician retained
by the board, at the request of the board, as
often as the board shall deem it advisable.
(2) A member may be considered totally and permanently
disabled for further performance of duty for the
purpose of this section when said member is
unable, due to an accident, illness or injury
incurred in the line of duty, to perform within
the member's classification.
(3) Any condition or impairment of health caused by
tuberculosis, heart disease or hypertension, on
the part of a member, which condition results in
total and permanent incapacitation for duty, shall
be presumed to have been accidental and suffered
in the line of duty unless the contrary be shown
by competent evidence; provided, however, that any
such member shall have successfully passed a
physical examination upon entering into service as
a fire fighter or police officer, which
examination failed to reveal any evidence of any
such condition.
- 43 -
11300
(4) When deciding whether to grant an accidental or
service -incurred disability retirement, the board
shall obtain any and all available information,
including, but not limited to, medical reports
which the board deems necessary in order to assist
the board in arriving at its decision.
(5) Upon retirement for accidental disability or
service -incurred disability, a member shall
receive a pension which shall equal to sixty-six
and two-thirds (66 2/3) percent of his average
final compensation or sixty-six and two-thirds (66
2/3) percent his final compensation, whichever is
greater.
(6) A member entitled to receive an accidental or
service -incurred disability retirement allowance
shall not be eligible for a return of
contributions as provided in section 40212(L), fter
for optional allowances as provided in section 40-
212(M), nor for participation in the DROP.
(7) Upon the death of any member who has received an
accidental or service -incurred disability
retirement, the spouse of said member who has
nominated and designated by the member as said
member's beneficiary shall receive the payment of
an amount equal to forty (40) percent of the
member's monthly retirement allowance during the
lifetime of said spouse, in accordance with
section 40-212(N) of this division.
(8Z A DROP participant shall not be entitled to
receive an accidental or service -incurred
disability retirement.
(H) Ordinary death benefit.
(1) Upon receipt by the board of proper proofs of the
death of a member in service who has three (3) or
more years of creditable service, which death is
not the result of an accident in the actual
performance of duty as defined in subsection (I)
of this section, there shall be paid to such
person, if any, as the member shall have nominated
by written designation duly executed and filed
with the board, otherwise to the member's legal
representative, a benefit equal to a lump sum
payment of fifty (50) percent of the earnable
compensation received by the member during the
year immediately preceding the member's death.
- 44 -
11300
(2) Notwithstanding any provision in this division to
the contrary, in the event a member who has become
eligible for service, early service or rule of 70
retirement but has not retired dies, the member
shall be considered to have been retired on the
date of death. In such event, the payment of
forty (40) percent of the member's monthly
retirement allowance shall be paid at the member's
death to the member's spouse during the lifetime
of such spouse or, at the option of such spouse,
the spouse shall receive the sum of the deceased
member's accumulated contributions to the date of
death plus a benefit equal to a lump -sum payment
of fifty (50) percent of the earnable compensation
received by the member during the year immediately
preceding the member's death.
(3) If a retired member dies prior to having received
twelve (12) monthly retirement allowance payments
and prior to any optional allowance elected by the
member having become effective, there shall be
paid to such person, if any, as the member shall
have nominated by written designation duly
executed and filed with the board, otherwise, to
the member's legal representative, a lump -sum
benefit. equal to the sum of the twelve (12)
monthly retirement allowance payments to which the
member would otherwise have become entitled, less
the payments the member received.
( I ) Accidental death benefit.
(1) If the board shall decide that the death of a
member in service was the result of an accident in
the performance of duty and not caused by willful
negligence on the part of the member, then there
shall be paid an amount equal to one-half (1/2) of
the member's average final compensation, which
amount shall be paid yearly in monthly
installments, to the member's spouse, if he or she
leaves a spouse, to continue until the death or
remarriage of such spouse; or if there be no
spouse, or if the spouse dies or remarries before
the youngest child of such deceased member shall
have attained the age of eighteen (18), then to
his or her children under such age, if he or she
leaves children, divided in such manner as the
board in its discretion shall determine, to
continue as a joint and survivorship pension for
the benefit of the children under such age until
every child dies or attains such age; or if there
be no spouse or children under the age of eighteen
(18) years living at the death of such member,
- 45 -
I i 3 0 0
then to his or her dependent father or dependent
mother, as the board in its discretion shall
direct, to continue for life; provided that if
there be no such beneficiary, the amount which
otherwise would have been paid as an ordinary
death benefit shall be paid to the member's legal
representative.
(2) The board shall decide whether the death of a
member in service was the result of an accident in
the performance of duty and not caused by willful
negligence on the part of the member in the
following circumstances:
(a) Upon receipt of proper proofs of the death of
a member in service indicating that such
death was the natural and proximate result of
an accident occurring at some definite time
and place while the member was in the actual
performance of duty; or
(b) Upon receipt of proper proofs of death of a
member in service indicating that such death
resulted from a condition or impairment of
health caused by tuberculosis, hypertension
or heart disease, which condition or
impairment of health shall be presumed by the
board to have been accidentally incurred in
the line of duty unless the contrary be shown
by competent evidence; provided, that the
deceased member shall have successfully
passed a physical examination upon entering
into service as a fire fighter or police
officer, which examination failed to reveal
any evidence of such condition.
(3) Notwithstanding any other provision of this
chapter to the contrary, the surviving spouse of
any member killed in the line of duty shall not
lose survivor retirement benefits if the spouse
remarries. The surviving spouse of such deceased
member whose benefit terminated because of
remarriage shall have the benefit reinstated as of
July 1, 1994, at an amount that would have been
payable had such benefit not been terminated.
(4Z In the case of a DROP participant, there shall be
no accidental death benefit.
(J) Return of contributions. Should a member
cease to be a city employee, the member shall be paid
on demand the sum of his or her accumulated
contributions, with the following exceptions:
- 46 -
11300
(1) Any member who has been granted a retirement
benefit shall not be entitled to a return of any
accumulated contributions unless the member is
eligible for the benefits of option 6(a) as set
forth in section 40212(M) or unless the member is
entitled to a return of excess contributions as a
result of membership in the Miami City Employees'
Retirement System as set forth in section 40-
214 (B) .
(2) In the event of the death of any member, there
shall be no distribution of the member's
accumulated contributions unless the member died
in service. In such event, accumulated
contributions shall be payable to such persons, if
any, as the member shall have nominated by written
designation duly executed and filed with the
board, otherwise to the member's legal
representative. The return of accumulated
contributions pursuant to the provisions of this
paragraph shall not be construed as foreclosing
the right of any person to an ordinary death
benefit or an accidental death benefit as
hereinabove set forth.
(3) (a) This article applies to distributions made on
or after January 1, 1993. Notwithstanding
any provision of the plan to the contrary
that would otherwise limit a distributee's
election under this article, a distributes
may elect, at the time and in the manner
prescribed by the plan administrator, to have
any portion of an eligible rollover
distribution paid directly to an eligible
retirement plan specified by the distributes
in a direct rollover.
(b) Definitions.
(i) Direct rollover
by the plan
retirement plan
distributee.
shall mean a payment
to the eligible
specified by the
(ii) Distributee shall mean an employee or
former employee. In addition, the
employee's or former employee's
surviving spouse is a distributes
with regard to the interest of the
spouse.
- 47 -
1 11400
(iii) Eligible retirement plan shall mean
an individual retirement account
described in section 408(a) of the
Code, an individual retirement
annuity described in section 408(b)
of the Code, an annuity plan
described in section 403(a) of the
Code, or a qualified trust described
in section 401(a) of the Code, that
accepts the distributee's eligible
rollover distribution. However, in
the case of an eligible rollover
distribution to the surviving spouse,
an eligible retirement plan is an
individual retirement account or
individual retirement annuity.
(iv) Eligible rollover distribution shall
mean any distribution of all or any
portion of the balance to the credit
of the distributes, except that an
eligible rollover distribution does
not include: any distribution that
is one of a series of substantially
equal periodic payments (not less
frequently than annually) made for
the life (or life expectancy) of the
distributees or the joint lives (or
joint life expectancies) of the
distributee and the distributee's
designated beneficiary, or for a
specified period of ten (10) years
or more; any distribution to the
extent such distribution is required
under section 401 (a) (9) of the Code;
and the portion of any distribution
that is not included in gross
income.
(K) Limitation of disability benefits;
reexamination of beneficiaries retired on account of
disability.
(1) Any member who is unable to perform within the
member's classification may be assigned to any
other job classification; provided, that the
member consents to such assignment and further
provided, that the member's salary in the new job
class shall be no less than one hundred (100)
percent of the job class from which the member was
transferred.
- 48 -
11300
(2) If a former member who has received an accidental
disability retirement is performing the duties of
a police officer or fire fighter, or is performing
services which are substantially equivalent to
duties that can be assigned within the employment
classification from which the member was retired,
the board shall have the authority to limit the
retirement benefits of such member as hereinafter
provided: If a former member who has received an
accidental disability retirement is engaged in
such gainful occupation, the former member's
salary from said occupation when added to the sum
which he or she is receiving on account of
accidental disability retirement shall not exceed
one hundred (100) percent of the current salary
for the classification from which the member was
retired. If the retirement benefit plus the
salary exceeds one hundred (100) percent of the
current classification salary, the retirement
benefit shall be reduced by the amount in excess
of one hundred (100) percent. The board may
periodically require of former members receiving a
disability pension, on a form approved by the
board for such purpose, a statement of salary and
type of employment.
(3) Any former member who is receiving a disability
retirement allowance shall be subject, prior to
normal retirement age, to examination by a
physician or physicians upon request by the board.
Such examination may be conducted at the member's
place of residence or at a place mutually agreed
upon by the member and the board. Following such
examination, the physician or physicians shall
report to the board as to the continuance of the
former member's total and permanent incapacity for
duty.
(a) In the event the board finds that a
disability beneficiary is no longer
incapacitated for service within his or her
former classification in accordance with
requirements of the civil service rules and
regulations, the board may require that the
beneficiary be returned to the former
classification with all rights and benefits
of such classification or, with the
beneficiary's consent, to other
classifications within the limits of his or
her mental or physical capacities at a rate
of compensation not less than one hundred
(100) percent of the pay which he or she
would be entitled to receive at the time of
- 49 -
return to service for the classification
occupied by the beneficiary prior to his or
her incapacity.
(b) Should any disability beneficiary refuse to
submit to a medical examination upon request
by the board, his or her retirement allowance
may be discontinued until withdrawal of the
refusal, and should the refusal continue for
one (1) year, all right in and to a
retirement benefit may be revoked by the
board. If any beneficiary in receipt of a
disability retirement allowance is found by
the board, prior to normal retirement age, to
be no longer incapacitated but is not
restored to service as a member in the
classification from which he or she was
retired because of his or her own refusal to
accept employment offered to him or her, the
beneficiary's disability retirement allowance
shall be terminated.
(L) Restoration of beneficiaries to membership.
(1) Should a disability beneficiary be restored to or
be in service at a compensation equal to or
greater than his or her average final compensation
at retirement, or should any other beneficiary be
restored to service, the following shall apply:
(a) The retirement allowance of the beneficiary
shall cease, he or she shall again become a
member of the retirement system and regular
contributions shall resume at the rate
required by the retirement system; and
(b) The beneficiary shall be credited with all
service as a member standing to his or her
credit at the time of retirement, providing
he or she returns, in such manner as shall be
prescribed by the board, the amount of any
accumulated contributions of money received
upon retirement.
(2) If a beneficiary is restored to membership on or
after the attainment of age fifty (50), he or she
shall, on subsequent retirement, be credited with
all service as a member subsequent to his or her
last restoration to membership and shall receive a
retirement allowance therefor as if he or she were
a new entrant, and, in addition, the former
beneficiary shall receive the retirement allowance
which he or she was receiving immediately prior to
- 50 -
11300
his or her last restoration, but the total pension
shall not exceed the proportion of average final
compensation he or she would have received as a
retirement allowance had he or she remained during
the period of prior retirement.
(3Z Participation in the DROP shall not be considered
restoration to service under subsection 40-212(L).
(M) 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 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 1: If the member dies before
receiving in payment of the member's
retirement allowance, the value of his or her
accumulated contributions at the time of
retirement, the balance shall be paid to such
person, if any, as the member shall have
nominated by written designation duly
executed and filed with the board, otherwise
to the member's legal representative; or
Option 2: Upon the member's death, his
or her reduced retirement allowance shall be
continued through the life of, and paid to,
such person as the member shall have
nominated by written designation duly
executed and filed with the board at the time
of retirement; or
Option 3: Upon the member's death, one-
half (1/2) of his or her reduced retirement
allowance shall be continued throughout the
life of, and paid to such person as the
member shall have nominated by written
designation duly executed and filed with the
board at the time of retirement; or
Option 4: Upon the member's death, some
other benefit shall be payable; provided,
- 51 -
i1300
that the total value of the allowance during
the member's life and the succeeding benefit
shall be computed to be of equivalent
actuarial value to the allowance which he or
she would receive without optional
modification; and provided, that the benefit
shall be approved by the board; or
Option 5: If, as a result of an
accidental injury incurred m the line of
duty, the member shall have been so seriously
injured that he or she is unable to execute
and file a designation of an optional
allowance, the board may, with the consent of
the principal beneficiary, designate an
option, and if such condition shall have
delayed the application for retirement and
the selection of an option, the board may
waive the requirement as to the member's life
for ten (10) days after retirement date, and
may declare such optional allowance
irrevocably effective immediately upon the
member's retirement; or
Option 6. Any member upon service, early
service or rule of 70 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:
(a) Such member may elect to withdraw the
sum of his or her accumulated
contributions credited as of the
member's date of retirement, excluding
all amounts picked up from the member's
earnable compensation and credited to
the COLA fund, and be paid a monthly
service retirement allowance of one half
(1/2) the amount to which he or she
would otherwise be entitled;
(b) Such member may elect to receive his or
her normal monthly service retirement
allowance plus an additional five (5)
percent of such service retirement
allowance; or
(c) Such member may direct the payment of a
benefit of forty (40) percent of the
member's monthly retirement allowance to
be paid at the member's death to his or
her spouse nominated and designated by
- 52 -
11300
him or her at the time of retirement,
such benefit to be payable during the
lifetime of such spouse.
(2) In the event a member elects to receive a reduced
retirement allowance under option 2, 3 or 4, and
has nominated and designated his or her spouse at
the time of retirement as the person to receive
payment of the benefit upon the member's death,
the total minimum value of the allowance during
the member's life and the succeeding benefit shall
be computed to be of equivalent actuarial value to
the allowance which he or she would have received
had the member chosen to have his or her
retirement allowance paid under the provisions of
option 6 (c) .
(3) In no event shall any language contained herein be
construed as authorizing or allowing any member
the right or privilege to exercise more than one
(1) of options 1 through 6 enumerated at this
subsection.
(N) Changes in beneficiary after retirement. Any
member of the retirement system who retires from
service and thereafter desires to change a designated
beneficiary may do so subject to the following
qualifications:
(1) At the time the change in beneficiary is to be
made, evidence of good health must be supplied for
both the member and the to -be -deleted beneficiary.
(2) To the extent the to -be -substituted beneficiary is
younger (older) than the to -be -deleted
beneficiary, an actuarial adjustment shall be
applied to reflect the expected longer (shorter)
life expectancy of the to -be substituted
beneficiary.
(0) Pension offset by other compensation benefit.
Any periodic or lump -sum amounts which may be paid or
payable under the provisions of any state worker's
compensation or similar law to a member or to the
dependents of a member on account of any disability or
death, shall be offset against and payable in lieu of
any benefits payable from funds provided by the city
under the provisions of the retirement system on
account of the same disability or death.
(P) Deferred retirement option program.
Effective October 1, 1995, there is hereby created the
City of Miami Deferred Retirement Option Program (DROP)
- 53 -
113,00
to be administered by the Board of Trustees. Only fire
fighters who have retired after reaching age 50 with 10
years of creditable service or who have retired after
reaching a combination of age plus years of creditable
service equal to 70, and who elect to defer receipt of
their retirement benefit into a DROP account shall be
eligible to participate in the DROP. The maximum
participation in the DROP is thirty-six (36) full
months.
(1) Election to participate in the DROP shall be made
by using forms and procedures prescribed by the
Board.
(2Z A fire fighter's creditable service, accrued
benefits and compensation calculation shall be
frozen upon retirement. The amount of the monthly
benefit shall be determined based on the
creditable service, average final compensation,
and retirement option selected in accordance with
section 40-212(L) of herein. Average final
compensation shall be based on the single highest
year preceding participation in the DROP.
(3) Upon commencement of participation in the DROP,
the participant's contribution and the City's
contribution to the retirement trust for that
Participant shall cease as the participant will
not earn further creditable service for pension
purposes.
(4)- DROP participants may continue City employment for
up to a maximum of thirty-six (36) full months,
and no payment shall be made to or for the benefit
of a DROP participant beyond that period.
(5Z For each person electing participation in the
DROP, an individual DROP account shall be created.
Payment shall be made by the retirement trust into
the employee's DROP account in an amount equal to
the regular monthly retirement benefit which the
participant would have received had the
participant separated from service and commenced
receipt of pension benefits.
(6Z The Board of Trustees shall establish, by
administrative rule, a series of investment
vehicles which may be chosen by DROP participants.
Any losses, charges, or expenses incurred by the
participant in the participant's DROP account by
virtue of the option selected by the participant
or otherwise, shall not be made up by the City of
- 54 -
11300
Miami or the pension trust, but all of same shall
be borne by the participant.
(7) Upon termination of employment, a member may
receive distribution from the DROP account in the
following manner:
a. Lump sum distribution (which may be used at
the DROP participant's discretion to purchase
an annuity)
b. Periodic payments
C. Roll over of the balance to another qualified
retirement plan, such as an IRA.
A member may defer distribution until the latest
date authorized by Section 401(a)(9) of the
Internal Revenue Code.
_(8) DROP participation shall not affect any other
death or disability benefit provided to a fire
fighter under federal law, state law, Cif
ordinance, or any rights or benefits under any
applicable collective bargaining agreement.
(9Z If a DROP participant dies before the DROP account
balances are paid out in full, the person(s) duly
so designated by such DROP participant shall
receive such DROP account balances in accordance
with the DROP participant election in effect at
the time of death.
Sec. 40-213. Cost -of -living allowance.
(A) A COLA account shall be established for
beneficiaries of the retirement system to be financed
as follows:
(1) The two (2) percent COLA contribution made by a
member prior to January 9, 1994 shall be a picked
up contribution and shall be credited to the COLA
account.
(2) Any contributions to the retirement system which
are credited to the COLA account on behalf of any
member in accordance with section 40-205 (A) (1) ,
and which are subsequently returned pursuant to
any provision of this division which provides for
the return of accumulated contributions, shall be
paid from the COLA account.
11300
(3) All other matters regarding the COLA account shall
be determined by the COLA Committee. The COLA
Committee shall be composed of the following: a) a
representative of IAFF, Local 587; b) a
representative of FOP, Lodge No. 20; c) the city
manager's designee; d) the city's labor relations
officer; and e) a representative of the FIP9
pensiT Board.
(B) Beginning with the 1994 COLA benefit,
distributions shall be in addition to COLA benefits
granted through 1993. The COLA benefit granted through
1993 shall be frozen.
(C) COLA account established as of January 1,
1994:
(1) The COLA shall be funded by a percentage of annual
excess investment return from other than COLA
account assets. The excess return will be
determined as the difference between the actual
return on actuarial asset value, net of investment
expenses, and the lesser of (1) a seven and three-
quarters (7.75) percent time -weighted rate of
return on the actuarial value of assets; or (2)
the current actuarial interest assumption, applied
on a time weighted basis to the actuarial value of
assets. The excess earnings going into the COLA
account shall be used to fund a minimum annual
payment of two million five hundred thousand
dollars ($2,500,000.00), increasing by four (4)
percent compounded per year. To the extent
necessary, the city will fund the portion of the
minimum annual payment not funded by annual excess
earnings no later than January 1st of each year.
(2) The first year's actual return shall be based on
the time weighted rate of return on the actuarial
value of the assets from October 1, 199 1, through
September 30, 1992. Thereafter, the actual rate
of return will be based on the prior fiscal year
to be used in the succeeding fiscal year.
(3) The percentages of such excess return to be
transferred to the COLA account shall be
determined as follows:
- 56 -
11300
Percentage
Excess to be
Return Transferred
First 2.50
75
Next 2.5%
50
Next 2.50
25
Remainder
0
(4) The transfers shall be made by the FIP6 Board as
soon as practicable after the beginning of each
fiscal year, but not later than January 1st, and
shall be transferred only if F!P9 the retirement
system remained in a net positive experience
position, determined on a cumulative basis from
October 1, 1982. The determination of the net
experience position will be based on the
difference between the actual unfunded actuarial
liability and the expected unfunded actuarial
liability, adjusted for any changes in benefits or
assumptions, calculated under the individual entry
age normal cost method.
(5) All FIP9 retirement system pension assets,
including the COLA account, are integrated for
investment purposes, with separate accounting
maintained for administrative purposes. Earnings
of the COLA account will not be considered for
determining excess investment earnings.
(6) All assets in the COLA account at September 30,
1993, will be used for COLA benefits, contribution
refunds and allocated expenses.
(7) The actuarial interest and mortality assumptions
used for FIP9 the retirement, system will be used
for COLA.
(8) COLA benefits will be determined on a defined
benefit basis, based on the minimum city scheduled
contribution.
(9) The active member contributions into the COLA
account will have an effective termination date of
January 1, 1994.
(10) In addition to current inactive and active
employees, funding for the COLA benefits of future
employees hired during the remaining term of the
amended final judgment shall be defined and
allocated through the remaining term of the
amended final judgment.
- 57 -
1 1 3 (), lJ
(11) The monthly COLA benefit distribution beginning
January 1, 1994, is summarized in Table "A" of
amended final judgment, Gates v. City of Miami,
Circuit Court Case No. 77-9491 CA 04. Such table
is subject to modification by the COLA Committee
annually based solely upon available assets and
joint recommendations by the £!P9 retirement
system actuary and the city's actuary, using
generally accepted actuarial principles and
prudent reserves, and subject to the arbitration
provisions of section 40-205(B)(5).
(12) The available assets shall be identified and
distributed in a defined tabular format. The COLA
benefits table shall be based upon full years of
creditable service at time of retirement and full
years of retirement, as of April 1, 1994, and each
April lst thereafter. There shall be increasing
dollar amounts for each additional full year of
creditable service and full year of retirement.
(13) Creditable service with the exception of
accidental death, accident disability, and
service -incurred disability is defined as follows:
Date of Retirement:
- minus; date of membership
- plus; service bought back and military credit
purchased
- plus; time before 1940
- minus; time without pay
(14) Years of retirement for benefits distributed
beginning January lst of a given year shall be
projected forward to April lst of that same year.
(15) The present value of assets available for COLA
benefits as defined within Stanley, Holcombe and
Associates, Inc. Is September 21, 1993, actuarial
impact statement is thirty-two million eight
hundred fifty-four thousand four hundred twenty-
six dollars ($32,854,426.00).
(16) The present value of benefits defined within the
approved allocation table is twenty-nine million
five hundred eighty-one thousand eight hundred
forty-five dollars ($29,581,845.00).
11300
(17) Eligibility for receipt of the COLA benefit shall
be based upon a retiree reaching at least four (4)
full years of retirement after forty-six (46)
years of age. Years of retirement shall be
determined each year. For this paragraph only, in
the case of DROP participants, date of retirement
shall mean date of separation from City
employment.
(18) For accidental death, accidental disability, and
service -incurred disability, years of service
shall be defined as twenty-five (25) years or
actual creditable service if greater. Receipt of
the COLA benefit shall be based on the retiree
reaching at least four (4) full years of
retirement and fifty (50) years of age. In the
case of accidental death, the beneficiary shall be
entitled to the COLA benefit on the April lst
following the fiftieth anniversary of the
employee's birth and the fourth anniversary of the
employee's death.
(19) COLA benefits for vested rights retirees shall be
based upon such retiree reaching at least four (4)
full years of retirement after fifty (50) years of
age.
(20) The COLA benefit shall reflect the defined PIPC
the retirement system benefit options. Existing
beneficiaries' benefits shall be based on the PIP9
retirement system option, e.g., if the original
option was joint and forty (40) percent, then the
beneficiary would receive forty (40) percent of
the benefit amount in the benefit table. In the
case of a retiree's life annuity option, benefits
shall be one hundred five (105) percent of the
table amount.
Sec. 40-213.1. Reserved.
Sec. 40-214. Adjustments in benefits.
Members who belonged to the Miami City Employees'
Retirement System, presently known as the City of Miami
Fire Fighters' and Police Officers' Retirement Trust,
shall continue to be subject to the following
adjustments in benefits:
(A) Election of increased benefit of class A
membership.
- 59 -
11300
(1) Any member who belonged to the Miami City
Employees' Retirement System and who elected an
increased rate of benefit under that system or who
was not a class A member under that system but who
elected to become a class A member, shall
contribute to the City of Miami Fire Fighters' and
Police Officers' Retirement Trust, by a single
payment or by a series of payments, an amount
computed to be sufficient with the member's
prospective regular contributions to make
accumulated contributions at his or her normal
retirement age equal to the amount such
accumulated contributions would have been had the
member been a class A member or contributed at the
increased rate during the entire period of his or
her membership in the Miami City Employees'
Retirement System.
(a) Any member may waive payment of the foregoing
amount, in which case, upon service, early
service, rule of 70 or ordinary disability
retirement, the member's retirement allowance
shall be reduced by the actuarial equivalent
of the amount by which accumulated
contributions fall short of the full amount
which would have been the member's
accumulated contributions had he or she been
a class A member or contributed at the
increased rate during his or her entire
period of membership in the Miami City
Employees' Retirement System.
(b) Any member who elects to pay the foregoing
amount over an extended period and who is
granted disability retirement under the City
of Miami Fire Fighters' and Police Officers'
Retirement Trust shall have his or her
disability retirement allowance reduced by
the actuarial equivalent of the then unpaid
amounts.
(2) If any member of the retirement system elected
class A membership or an increased rate of benefit
under the Miami City Employees' Retirement System,
and his or her contributions pursuant to such
election cause accumulated contributions at the
member's normal retirement age to exceed the
amount such accumulated contributions would have
been had the member maintained a class A
membership or been contributing at an increased
rate for the entire period of membership in the
Miami City Employees' Retirement System, such
member shall be entitled to the return of the
- 60 -
11300
excess contributions upon retirement or shall have
his or her retirement allowance by the actuarial
equivalent of the amount by which his or her
contributions exceed the full amount which would
have been the member's accumulated contributions
had he or she been a class A member or had the
increased rate been in effect during his or her
entire membership in the Miami City Employees'
Retirement System.
(B) Executive benefit. Any members who, on or
before May 23, 1985, had a vested right to receive an
additional retirement allowance equal to one (1)
percent of average final compensation under the
provisions of the Miami City Employees' Retirement
System, presently known as the City of Miami Fire
Fighters' and Police Officers' Retirement Trust, which
benefit was set forth in former section 40-235(A)(3)(a)
of this Code (repealed June 13, 1985), shall be
entitled to such additional benefit upon service
retirement, early service retirement or "rule of 70"
retirement pursuant to this division. A member shall
be deemed to have a vested right if said member, on or
before May 23, 1985, was serving in any of the
capacities enumerated in former section 40-235(A)(3)(a)
and thereafter continued to serve in such capacity
uninterruptedly for a total combined period of not less
than three (3) years. Those members having such vested
right may only continue to earn credit for such
allowance up to a combined period of ten (10) years'
service.
Sec. 40-215. Assignments prohibited.
The present or future right of a person to moneys
in the fund or to a retirement allowance, an optional
allowance, a death benefit, the return of
contributions, or any other right accrued or accruing
to any person under the provisions of this division,
shall be unassignable and shall not be subject to
execution, garnishment, attachment, the operation of
bankruptcy or insolvency law or any other process of
law whatsoever., emeeptto;�t=h respeeb-ta alimany,
Sec. 40-216. Protection against fraud.
Whoever, with intent to deceive, shall make any
statements or reports required under this division
which are untrue or shall falsify or permit to be
- 61 -
.-1300
falsified any record of this retirement system, shall
be punished as provided in section 1-6 of this Code.
Sec. 40-217. Errors.
Should any change or error in retirement system
records be discovered or result in any member or
beneficiary receiving from the retirement system more
or less than he or she would have been entitled to
receive had the records been correct, the board shall
have the power to correct such error and, as far as
possible, adjust the payments in such a manner that the
actuarial equivalent of the benefit to which such
member or beneficiary was correctly entitled shall be
paid.
Sec. 40-218. Bonding; fiduciary insurance.
(A) Prior to exercising custody or control of any
funds or property of the retirement system, every
fiduciary of the retirement system and every person who
handles funds or other property of the retirement
system shall be bonded. Such bond shall provide
protection to the retirement system against loss by
reason of acts of fraud or dishonesty on the part of
the bonded individual, directly or through connivance
with others.
(B) The board shall purchase insurance for the
retirement system and for the members of the board of
trustees to cover liability or losses occurring by
reason of an act or omission of a fiduciary, providing,
however, that such insurance permits recourse by the
insurer against the fiduciary in case of a breach of a
fiduciary obligation by such fiduciary.
Sec. 40-219. General conditions.
(A) It is intended that the City of Miami Fire
Fighters' and Police Officers' Retirement Trust be and
remain tax qualified pursuant to the Internal Revenue
Code of 1954, as amended. The provisions of this
division shall be interpreted in accordance with such
intent.
(B) The City of Miami Fire Fighters' and Police
Officers' Retirement Trust may sue and be sued as an
entity.
(C) The commission shall have continuing power to
amend or supplement this division, but no amendment
- 62 -
11300
shall be adopted which will reduce the then accrued
benefits of members or beneficiaries covered by
accumulated reserves, which reserves shall constitute a
trust fund for the payment of such benefits.
Sec. 40-220. Limitation on compensation.
Compensation in excess of limitations set forth in
section 401(a)(17) of the Internal Revenue Code shall
be disregarded. The limitation on compensation for an
'eligible employee' shall not be less than the amount
which was allowed to be taken into account hereunder as
in effect on July 1, 1993. 'Eligible employee" is an
individual who was a member before the first plan year
beginning on or after January 1, 1996.
Sec. 40-221- 40-224. Reserved.
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 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.
Section S. 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.
- 63 -
11300
PASSED AND ADOPTED BY TITLE ONLY this
September 1 1995.
ATTES :
((AA�4- 4 1 ot�
WALTER J. F CITY CLERK
PREPARED AND APPROVED BY:
oe-
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
14th
day of
': Z ��V' 0. q2i--t
TEPHEN P. CLARK, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
ABS:BSS:bf:W045
- 64 -
11300
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 28
TO: Honorable Mayor and Members
of the City Commission
FROM : Cesa .O
City ger
DATE FILE
SEP - 7 1995
SUBJECT: Emergency Pension Ordinance
Modification -Sections 40-200,
40-212 and 40-213
REFERENCES:
ENCLOSURES:
It is recommended that the City Commission approve the attached
emergency Ordinance amending Sections 40-200, 40-212 and 40-213
of the Miami Code by establishing a Deferred Retirement Option
Program for members of the International Association of
Firefighters (IAFF), Local 587 effective October 1, 1995.
On March 27, 1995, the City Commission ratified a three year
labor agreement, October 1, 1995 - September 30, 1998, with the
IAFF, Local 587 which provided for, in part, a Deferred
Retirement Option Program (DROP).. Under the DROP an employee
may, upon Service or Rule of 70 retirement, elect to continue
working for the City in their same classification and with the
same benefits for up to a maximum of thirty six months. Upon
commencement of participation in the DROP, the employee
contribution and the City contribution to the Retirement System
shall cease as the employee will not earn any further service
credit. The employee's regular monthly retirement benefit shall
be placed into an individual defined contribution account
providing for various investment vehicles established by the
Board of Trustees of the Retirement System. Upon termination of
employment from the City, the employee may receive payment from
the DROP account.
The requested modification of Sections 40-2001 40-212 and 40-213
incorporate the Defined Retirement Option Program provided for in
the 1995-1998 labor agreement between the City of Miami and the
IAFF, Local 587 and previously ratified by the City Commission.
repThis legislation is presented to the City Commission as an
emergency Ordinance in order to effectuate the DROP provisions by
October 1, 1995 as required by the labor agreement.
11300
Cat#Ij uf 'ffltan.
WALTER J. FOEMAN
City Clerk
October 11, 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:
11293 11298 11299 11300
If I can be of any further assistance, please do not hesitate to call.
Very truly yours,
Valerie Puyans J
Deputy Clerk
Enc. a/s
CESAR H. ODIO
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
C�Stt� � �� tan�ct
WALTER J. FOEMAN
City Clerk
October 11, 1995
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
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:
11293 11298 11299 11300
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 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
10.11tv of 'ffltan«
WALTER J. FOEMAN
City Clerk
October 11, 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:
11293 11298 11299 11300
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
n
BY-
DEPUT710ELERK
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
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
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review fWa 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, FLORIDA
ORDINANCE NO. 11296
In the ........... XXXXXXX................. Court,
was published In said newspaper in the Issues of
Oct 3, 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 advertisement; and afflant further says that she has
neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of seWng this advertisement for publication In the said
ns or.
Swom bscribed before me this
3 ctob 95
4datr. .. ,-:. ..,_ ..., A.D. 18......
(SEAL) AGNES E. PENA
NO'1'Ai
PU;iI.IC E,'PATL OF F'i.tJQ17)A
Sookie Williams p al nowCML5g10N NO. CC 1721W
MY MMNSION EXP. JAN. 6,199E
CITY-OFI 19
LROA.L.
All interested persons Will take n060to :that On the 14th day of Sep-
tember, 19%, the City Commission of Miami, Florida, adopted the id -
lowing titled ordinances: .
ORDNANCE NO.11293
AN EMERGENCY. ORDINANCE AMENDING SECTION 2-13.OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, .AS AMENDED,
ENTITLED: 'ORDER OF BUSINESS AND RULES OF PROCEDURE%
TO (1) CHANGE THE PROCEDURE REQUIRING THE READING OF
MINUTES AT A COMMISSION MEETING,. AND (2) CHANGE THE
TIME AT WHICH ITEMS MAY BE SCHEDULED AT A COMMISSION.
MEETING; CONTAINING, A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
ORDNANCE NO.11294
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: 'THE. UNITY COUNCIL OF MIAMI'
(''TUCOM-) AND APPROPRIATING FUNDS., RECEIVED AS SPON-
SORSHIPS AND FINANCIAL SUPPORT FOR THE ORGANIZATION,
DIRECTION, AND OPERATION -OF TUCOM; CONTAINING A FIE-
PEAL.ER PROVISION AND A SEVERABILITY CLAUSE,
ORDINANCE NO.11295
AN: EMERGENCY ORDINANCE, WITH ATTACHMENT, AMEND-
ING ORDINANCE NO. 11167, WHICH ESTABLISHED INITIAL RE-
SOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED:'OPERAT N C.A.R.S.' TO PROVIDE
FOR AN INCREASE IN THE AMOUNT OF S44AW AS THE RESULT
OF A SUCCESSFUL GRANT APPLLICATION FROM THE FLORIDA
MOTOR VEHICLE THEFT PREVENTION AUTHORITY, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID GRANT; CONTAINING A RE-
PEALER PROVISION AND A SEVERA9111LITY CLAUSE.
ORDNANCE N L 11M
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
10034, ADOPTED ON NOVEMBER 14,1901. WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A
SPECIAL REVENUE FUND' ENTITLED- WAJG FREE NEIGHBOR-
HOOD TASK FORCE TO PROVIDE FOR AN INCREASE IN THE
AMOUNT OF $47,M AS A RESULT OF A SUCCESSFUL GRANT
APPLICATION, AUTIiORLZING THE CITY MANAGER TO EXECUTE
ANY DOCUMENTS NECESSARY TO ACCOMPLISH THE ACCEP-
TANCE OF SAID (GRANT; CONTAINING A REPEALER PROVISION,
AND SEVEWIL TY CLAUSE.
ORDNANCE NO:11297
AN EMERGENCY ORDNANCE AMENDING SECTION .1 OF OR-
DINANCE NO. 11205, AS AMENDED, THE CAPITAL IMPROVE-
MENTS APPROPRIATIONS ORDN4ANCE, THEREBY ESTABLISH-
jNG NEW CAPITAL PROJECT 140.311045, ENTITLEEk'MIAMI RIV-
ERSIDE CENTER ACQUISITION' AND APPROPRIAT'INIG FUNDS,
IN THE AMOUNT OF $15,700,QW 00, FOR SAID PROJECT; COW
TAINING A REPEALER PROVISION AND A SEVERABILITY
MIAUICE N¢ 11l99
AN'ORD111ANCE AM SECTIONS 3641, 3"a AND_35-93
OF THE CODE OF THE CITY OF MIW, FLORIDA. AS AMENDED,
BY CHANGING RATES AT CERTAIN ON -STREET PARTING ME-1
TIERS AND CERTAIN OFF-STREET LOTS; CHANGING THE RATES',
AT MUNICIPAL PARKING GARAGES; PROVIDING FOR SAID RATE!
CHANGES TO BECOME EFFECTIVE OCTOBER 1. 1ON. RATTY
ING AND CONFIRMING ALL ACTS OF -THE OFF-STREET PAAKIN i'
BOARD AND ITS EXECUTIVE DIRECTOR AS TO RATES HERETO-
FORE CHARGED; FURTHER AUTHORIZING THE OFF-STREET
PARKING BOARD TO DEVELOP D AENT'Af RATE SMUC
TURES AND TO INITIATE BATES FOR NEW- DURING
THE FISCAL YEAR; CONTAINING A REPEAtEFf PROVISION AND
A SEVERABILITY CLAUSE;
ORDNANCE NO.11299
AN ORDINANCE AMENDING CHAPTER 64.5 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS. AMENDED, ENTITLED:
"SUBDIVISION REGULATIONS', BY AMENDING SECTION 54.5-16
ENTITLED: 'VACATION AND CLOSURE OF RIGHTS -OF -WAY AND
PLATTED EASEMENTS BY PLAT', BY CLARIFYING THE PROCE-
DURE AND ESTABLISHING A THREE .(3) YEAR TIME PERIOD
THAT CITY COMMISSION APPROVAL 'OF A REQUESTED
VACATION AND CLOSURE REMAINS VALID; CONTAINING.A RE-
fEALE -PROVISION AND A SEVERABILITY CLAUSE. AND AN EF-
ORDNANCE'NO. 11309L
AN EMERGENCY ORDINANCE AMEMNRC HE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY AMENDING
ARTICLE IV OF CHAPTER 40, ENTITLED; 'PENSION AND RE-
TIREMENT PLANS, DIVISION 2, CITY OF MIAMI FIRE FIGHTERS'
AND POLICrt'OlFFICEAT RETIREMENT TRiUSr; MORE PARTICU-
LARLY BY ADDING NEW SECTIONS 40-212(D) . (3), 40-212(la (6).;
40,912(F) (4), 4d-212 (G) (t3),_ 40 212 (1) (4), 40=212 (L) (3), 40=212(P)
AND AMENDING SECTIONS 40-200 AND 40-213(C) (17); CONTAIN-
ING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR EFFECTIVE DATES.
ORDNANCE NO.11302
AN EMERGENCY ORDINANCE APPROVING CREATION OF A
SPECIAL TAXING' DISTRICT BY METROPOLITAN DADE COUNTY
FOR THAT AREA OF BRIICKELL AVENUE BETWEEN SOUTHEAST`
32ND ROAD AND SOUTHEAST` 20M ROAD, FOR PURPOSE OF
PROVIDING TWENTY -FOUL HOUR SECURITY GUAF0 SERVICE,
SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI
AND MET, WOLITAN DADE COUNTY REQUIREMENTS; AON-
TABItNg' 74 REPEALER PROVtS10N; SEVERABILITY CLAUSE; AND
VIDING FOR AN EFFECTIVE DATE.
Said advances"may be, inspected bfy the pulft at the Office of the
City C{erk, 3500 Pan Amencan Drive, kamm, Florida, Monday through
Friday,: excluding holidays, between the hours of 8 a.m. and,5 P.M.
WAL.TER J. FOEMAN
() CITY CLERK
1Qr3
95-4-100321M