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
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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
._:.
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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
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