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HomeMy WebLinkAboutO-11074J-93-274 4/23/93 ORDINANCE NO. 11074 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV OF CHAPTER 40, ENTITLED "PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", THEREBY PROVIDING FOR COMPLIANCE WITH THE INTERNAL REVENUE WITHHOLDING GUIDELINES, AS ENACTED BY THE CONGRESS OF THE UNITED STATES OF AMERICA PURSUANT TO UNEMPLOYMENT COMPENSATION AMENDMENTS OF 1992; MORE PARTICULARLY BY AMENDING SECTION 40--212(I); CONTAINING A REPEALER PROVISION, A. SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Congress of the United States of America has enacted legislation which requires certain qualified pension plans, such as the City of Miami Fire Fighters' and Police Officers' Retirement Trust, to provide recipients of certain distribution to elect a direct transfer to another qualified plan or IRA Account as an alternative to the withholding and current taxation; and WHEREAS, the City of Miami Fire Fighters' and Police Officers' Retirement Trust is desirous of complying with Internal Revenue Service's requirement; and WHEREAS, the City Commission has an obligation to the citizens of Miami and its employees to ensure that the Board of Trustees act in accordance with a-. plicable laws and the Ordinance creating the Trust; 11074 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 40-212(I) of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ "Sec. 40-212. Benefits. (I) 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: (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 distributee 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 distributee in a direct rollover. (b) Definitions. Direct rollover shall mean a payment by the plan to the eligible retirement plan specified by the distributee. l/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 11074 (2) Distributee shall mean an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. (3Z 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 annuitv. Eligible rollover distribution shall mean any distribution of all or any portion of the balance to the credit of the distributee, 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 distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten 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. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. -3- 11074 Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 13th day of May , 1993. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of July / XAVIER LfjSUARE7/, MAYOR A, TT (jj MATTY HIRAI, CITY CLERK PARED AND APPROVF.A BY: PIA RAMON I R I Z A IY ASSISTANT TY ATTO EY APPROVED AS TO FORM AND CORRECTNESS: A. QV19N JOWS, III CITY ATT Y RI:bf:M1005 110'74 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission C� Cesar H. Odio City Manager DATE April 26, 1993 FILE SUBJECT Pension Ordinance Amendments REFERENCES: ENCLOSURES. It is respectfully recommended that the City Commission adopt the attached ordinance amending sections of the City's Pension Ordinance concerning the Fire Fighters' and Police Officers' Retirement Trust. The subject of ordinance is the inclusion of the Internal Revenue Service's (IRS) provisions for eligible rollover distributions from certain retirement plans. The United States Congress has recently passed legislation which requires certain qualified pension plans such as the Fire Fighters' and Police Officers' Retirement Trust to provide recipients of certain distributions to elect a direct transfer to another qualified plan or Individual Retirement Account (IRA) as an alternative to the withholding and current taxation. The legislation applies to distributions made on or after January 1, 1993. 11 11074 CIRV of tttz�rt Ot MATTY HIRAI 1 �i City Clerk II• E� ' August 30, 1993 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: 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: 11068 11071 11072 11073 11074 11076 11077 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: V� --------s% RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 3323340700/(305) 2WS360 Cat#v of �t�tmi Ajl, Of f, MATTY HIRAI s 97 City Clerk c ��••.. August 30, 1993 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 If I can be of any further assistance, please do not hesitate to call. Very truly y rs, �f Valerie Greenwood Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360 01.1-itij of �iami . 01, MATTY HIRAI ? y3 CESAR H. ODIO City Clerk ` 1..1.1 ...11 • City Manager 11 11 August 30, 1993 Katherine Fernandez Rundle, Esq. State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Rundle: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY • &k4 A-k _ • DTFUTV7TTY Z` E K -----3 - RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 33VWMiami, Florida 33233-0700✓(305) 250-5360 AND DEFINING CERTAIN REQUIRED FEES FOR APPFd-, rrA FLORIDA FOR WAIVERS'AND VARIANCES FROM THTJOE PROVISIONS PROVISIONS OF SAID FLOOD DAMAGE PREV_N s ORDINANCE; CONTAINING A REPEALER PROVISION,, AND A SEVERASILITYCLAUSE; PROVIDING FOR AN Ail Interested persons will take notice that on the a2nd day of EFFECTIVE DATE; AND PROVIDING FOR INCLUSION 4N THE CITY CODE. ytowing 1993of Miami, Florida, adopted the - folJul titled orthe b sirIssion 0E N0.110T8 1�� OIION"In E Nam. 11Q7 S .-. ,, .- ,- , r • e ._ y Y,"f T' 4 A AN � ING S��CTIOhI 5 OF Q9, AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, I t ORIDA, AS AMENDED, BY AMENDING, NO: iB. 1965, AS AIII ; WHICH ESTABLISHED FEES FOR �, PLI INN(li, ARTICLE IV OF CHINPTER . ENTITLED "PENSION AND ELECTRICAL, MIK*W4IGAL #*LUOIIib BOILER AND ELEVATOR) INSPECTION, I'~ AND CEfTf1I4CA'fE RETIREMENT, PLAINS, DIVISION 0. CRY OF MIAMI GEN- ERAL EMPLOYEES' AND SANITATION EMPLOYEES' FEES, BY ADDING, "*CREA* AND 11Et�Ef} MIAMI DA RETIREMENT TRUBj" , THEREBY- (t) PROVIDING FOR R PEES TO COVER THE Ct T f0�h Published COMPLIA"CE WITH THE INTERNAL REVENUE THE" EBRORCR'IriLpIT OF TIE SOUTH H ING' CODE; PROVIDING A FOB t0 "t Mi WIT"NO ,DNNQ GU)bELNNES,;AS ENACTED BY THE CON. tiREM OF THE UNITED STATES OF AMERICA PURSU- .FU 1114CREAM OF, SAID FEM CONTAIMNNO'A STATE OF FLORIEI ANT TO- UNEMPLOYMENT COMPENSATION END- ItT60F.Iq PROVIDING N' A SE SILITY CLAUSE AND 4SING FOR AN EFFECTIVE LATE. COUNTY OF DADI FOR COST OF�LIV anti i5:,t;CMMAiif EJt40MAr, -MORE PARTICULARLY BY 0l E NO. I W O Before the ur AMENpRFQ IONS 40.239(I) AND 40446(A); Sookle Williams, CONNTANMAREPELirROVI$ION,ASEVIRABNLITY AN ORDINANCE A4(IBNti1j� ONF>MIANE:E 1 AS President of Legal MAUSE; AiND PAOV*NM FOR AN EfFECTWE DATE. AMENDED, THE ZONING ORDWA#4dt001TW ESF'W" Review flk/a Miam 11 MIAMI, FLORIDA, BY AM&NORAM ARTICLE 4, SECTION "SCHEDULE and Legal Holiday ' 401 OF DISTRICT REGULATIONS",TO ADO County, Florida; t AN OF"N / NI INQ THE CODE OF THE CITY AND CLARIFY CERTAIN USES IN THE GIFQ0VERNM9NT1 being a Legal Adw OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV OF CHARTER 40, ENTITLED "PENSION AND INSTITUTIONAL, C-1 RESTRICTED COMMERCIAL, C•2 LIBERAL COMMERCIAL, C$D CENTRAL BUSINESS BIG-, CITY OF N RETIREMENT PLANS, DIVISION 2. C1TV OF MIAMI FIRE TRICT,.AND I INDUSTRIAL ZONING DISTRICTS, Am -To: ADD AND CLARIFY PARKING REQUIREMENTSA*060 N OrdinancE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST"" ilk OMFORCOMPLIANCEWITH' REGULATIONS INCERTAINZOW0.11116TRIM !- THE. IN ERNAI.. FIE WITHHOLDING BUIDEUNES, AS ENA0*11 BY THE CONGRESS OF.THE UNITED CLE SECTION St18, TO /1DI1 Hl.78HT LIIIT R•1 �®� REBDENTIAL �tEVE#:O FI ` COL'ONUT GROV L At1I,lOR C AM�IOF PURSUANT TO 4itREMRLQY1fAENT AMENDMENTS.OF 1W2;. MORE PAR• Y BY 81iREEKl SECTION,. TWAMA' TO THE_SD`8 DESIAD!`-'PLAZA Y. TICULA LF AMENDING SEC710N 40-2,12 (I); TIAL DISTRICT-, ARflCl2 9,10Ef/ERAL A In the ......... was in a CONTAINING A"REPEALER PROVISION, A SEVERABILITY CLAUSE. AND PROVIDING FOR AN EFFECTIVE DATE. TARY REGULATIONS TO DELETE SECTpN$��TO Ai1D published NEW ANIN D CLARIFYING L INO IAGE10 ORDINANCE NO.11075 "YARD, GENERAL LIMRATIONS C�x�; Sf�1lON August 2 AN ORDINANCE ESTABLISHNNO A NEW SPECIAL REV- 918 "OFFSITE PARKING", AND SECTION 225 -%Me, GENERALLY"; ARTIQM- 13, SECTION 1304A TO CZAR- ENUE FUND-ENNTI# ft "HOU1I1Ki OPPORTUNITIES FOR IFY LANGUAGE, RE$#JlDING OWNERS V STATEM19T PERSONS WITWAfDB'(HOPWAI GRANT PROGRAM (FY 198C6; AND AP�PRIATOWFUNDS,FOR THE SAME IN REOUIREMEINT&,FOR IAL PERMITS; ARTICLE 17, . MA,IQ�t. USE SP tl1I.�MITS, DE ED REIIikTIRE- Afflant furthe Review Is a nevi THE AMOUNT dfF �(Ip FROM 'THE U.B. CfEPART MENT'OF +#DU "-AND,U1gtM DEVELOPMENT, FOR Mgki* TO A2�?: DEE *t' AND CLARNrY BIN QI�RTOCXN�IANDCIARWY ESAL,P,1 8 County, Florida, ai been MiIIPt:EMEilTA 1!l ANd ADMNMISTRMtT10N OF THE tgg3 NONdSINQ OPEKiRTUNtItES FOR PERSONS 7VITH AMV MI VARIANCES A$ A PART -OF, TklEr;tytAJOR t78E SPECIAL PERMIT REVIEW PROCESS; ARTICLE 1k SI°� . day each day (except „ has been entered � N'CONTARUM A REPEALER'PROVISION TI N' 1 •TO ABD office in Miami In AND A SEVERAORM. CLAUSE. MENA'B fE1R vARkAftilk APPLIICATIQ one year next preo ORD11 ANC1£-11p.11075 SECTION 2202.3, TO' CLARIFY LAMIUME IIEGARDING OWNERSHIP STATEMENT REOINREMEI+{78 FOR cop erties . ne er pal nor F AIN fMERGE(MCY ORDINANCE AMENDING CHAPTERART�I.E AMENOMENT.REQUESTS; AND -, 25, SECTION a disco t, reba ENTERED "STOBMWATER", OF THE CODE OF THE 250Z "SPECIFICD6PWrIONS' , To ADDrA DEPINI'I M of seta g this t CITY OF MIAMI, FLORIDA, AS AMENDED, BY CLARIFY-, FOR "RESIDENTIAL 410DR AREA", AND- TO CLARIFY ne p er. ING THE STANDARDS AND REVIEW CRITERIA FOR DEFWtTIONS FOR "FVM AREA, NONRESIDEII!11AL", ADJUSTMENT OF FEES IN SECTION 53 5-28(b); AND "FLDORiAREA, RESIDEI�NTfAL", "NOINREStDENTIAI CONTAINING A, REPEALER PROVISION AND A BEV- FLOOR AAEW , AND "YARD, REAR'; AND BY MAENbING , ERABILITYCLAUSE. THE "TEXT INDE)t" TOCORRECT A C MSS REFERENCF_ CONTAINING A REPEALER PROVI810N, SVJMBKM ORDINANCE N0.11077 CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE AMENDING SECTIONS 2-75 AND 2.76 Said ordinances may be inspected by the public at the Office of 2 rid OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED SECTIONS SET THE FEES FOR the City Clerk, 3500 Pan American Drive, Miami,: Florida, Monday Friday, day of .. —WHICH, ZONING CERTIFICATES OF USE AND FOR INSPECTIONS through excluding holidays, between the hours of 8:60 a.m. and 5-00 p.m. AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH • • • • • • • • • • • • . • • • THE PROV14IONS,OF ORDINANCE NO. 11000, THE MATTY HIRAI ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, t! p� CITY CLERK (SEAL) AS AMENDED, BY ADDING AND DEFINING CERTAIN CITY OF MIAMI, FLORIDA Sookle Williams pi REQUIRED FEES, TO COVER THE COST OF ENFORCE- MENT OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AND OF THE SOUTH FLORIDA BUILD. ING CODE; FU tTHRR, AMENDING ORDINANCE NO. 0 11028, THE FLOOD DAMAGE PREVENTION ORDINANCE OF THE CITY OFMIAMI, FLORIDA, BY ADDING A NEW SECTION 18 TO SAID, ORDINANCE, (#hOTN ' THEREBY ADDING 8/2 93.4.080218M - RECEIVE .93 1,{ C1 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 Sookle VAIllams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI Ordinance No. 11074 X X X X Inthe ......................................... Court, was published In said newspaper in the Issues of August 2, 1993 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 cop ertiseMont; and affiant further says that she has na er pa nor promised any person, firm or corporation a disco t, rebate, commission or refund for the purpose of secu g this adv Isement for publication in the said n p or. Z4)0 Swam to and subscribed before me this 2nd day of ..E..,A ust �. ...,••�;,At.�s.. 93 3 .................. . (SEAL) t Sookle VAIllams personally known to �tpb►9. f OF fL—:•O� • e..e OFllCiAL NOTARY SEAL CRISTINA INGELMO COMMISSION NO. CC101481 MY COMML%jaN EXP. APR 5,19114 altar risants in llaluadt 1.1i4 1 9T4 1 ;41' YJL%Ik1 lkrl d 1E13 7. G� 4ii,ls ANT6it'ie Tkesands 24tGA?4, y Y) kt �04 { 1^ n r — ate" urt6rtta,-O% tM Clan of h1111 published in ►as1 - to tall mob by i. FOR APPId I FROM THE PREVENTON stet sacwt of awrses d Liabilities t PROVISION, ............................................ FOR AN NCLIf&1E1N=Ittl _ . ;i Cook snd Ulfneoc dub fees dspesitery lestito MenfntorMe-hearinO,Ysf.arnen and PLUMNIft lntseest•bosriry Ml$trees w�.,. ANI1 socritles"Yr+sTE fiderat fwda *Ad and ssavitles prrah000Tl the lark tnd of its NO nd AW"mont Waal ^yysfy- •. fedVesI funds nld our._A tsitios ptrakadd taidr monoun" to FO#i FUTLit" Loons end fins ffnatnofne rwsfvdA*et Loons 04 Some". not of unaaentd itaaMe A' LENt At low" for toots low lssess� Lin: A,ttolow twofer risk reeorw— LeM sAil fdso, not of weernod Incaos,, Assets held is treate sawwts,�,•_„ •. . otherest r $slog awd iiAeltMlre oapitAir'f, - " .. investenunconsolidatedrae ts, in unconsolidated sidiries.eA 4 *}' Crrtessrs' liability to this bdre an oceept «� . To Aft '�aNs.:yvi;.tm.tf war eseta EMALI C'2:, coots "Umtotal "M OWLI11HIpITi>RB .� Amp TO NM AJN* ETRIC71iC �- Ospsei to: in domestic atlas Monthtft~"•baorI N. Interest-heri In }oreip% offices• ales and AVsoom - - NmfMer -barlryr "� ... . -` "- .. 4 _994 fedsrsI funds rxrehomd lest securities .Me.0 id' 4-1-7t..�.. the bank and of its Asps end Asrgsont etde. f$daralifunds rVdseei .: „SKii4f;r - securities d undo a et to X 2, TO CLAR- _ OrA u.s. ears tatM Iswrodts the tl.t. Trerrrl�P.�TAT�'fT Other brrowd NW mwt~ lndebltitanese and chit Af�fICLE 17 . tattoo arise r r 1 fivF esak's tiabitfly an neeptances•nwaed � liE1�J1R� T96 271)_ $OerdisstM netso,and ddw*wes ' Other if bilities *seat liabilities Lhsited•life prefrrod,stokk led related sufil(r �r ••'.�•-' 2 � 2. SQOITY CA?ITy►I. �t. ARTICtcE 22, 11E ft:"RO NG Perpetual preferred stock and relatsd Owl itS.FOR ���,itN�1G-e� Canon atoeR s: �. Undivided profits fad eapttauwnr.ea C TO CLARFFY lyig,tttt Lett tobiJ -Met Urattluii fees .nsarket i't• put Lrr DEI�.'TI he eel ¢; t •tuwAstlw }oralen Currency translation hill RfStpENT1Al fotel 9wity Capitol ._:. .. total habit it fee, Liai led•l1 is preferred s .B SWISRASILTTY ,lk, Me sisrred directors, attest to e'CTIHE DATE.'' statesent ounces and liabilities bI1C at the Office OIL _ It* Ms been exesined;6y us, and to the Des it " in and` belief has been prepared. ceMt!n to hours Of afn. .. iretructiors and Is true- swrect.. itL All MI, FLORIDA 934=124" q xAa� nurura ' 1 loll loners for O 6 tifas* loners as ALEJAMba fo I punctuation. e/2 93.4.091VIISM