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Home My WebLink AboutO-10458J-88-287 6/2/88 ORDINANCE NO. IL0458 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, TO ADD AND REMOVE CERTAIN POSITIONS WHERE PERSONS EMPLOYED IN THOSE POSITIONS ARE CONDITIONALLY ALLOWED TO REJECT MEMBERSHIP IN THE CITY OF MIAMI GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST (RETIREMENT PLAN) OR THE CITY OF MIAMI FIRE FIGHTERS AND POLICE OFFICERS RETIREMENT TRUST (RETIREMENT SYSTEM); FURTHER ADDING CONDITIONS FOR REJECTION OF MEMBERSHIP IN THE RETIREMENT SYSTEM; AUTHORIZING DISTRIBUTION OF CONTRIBU- TIONS MADE BY AND ON BEHALF OF SUCH PERSONS FILLING THOSE POSITIONS AS PROVIDED FOR IN A TRUST AGREEMENT APPROVED BY THE CITY COMMISSION; DELETING OTHERWISE LIMITING RESTRICTIONS UPON SUCH DISTRIBUTION; FURTHER REMOVING AN ADDITIONAL OPTION BY THE CITY MANAGER TO REJECT MEMBERSHIP IN THE RETIREMENT PLAN OR RETIREMENT SYSTEM AND HAVE A SEPARATE RETIREMENT BENEFITS ACCOUNT ESTABLISHED FOR HOLDING CONTRIBUTIONS MADE BY AND ON BEHALF OF THE CITY MANAGER; FURTHER ADDING LANGUAGE SPECIFICALLY SETTING FORTH THE REQUIREMENT OF UNINTERRUPTED MEMBER SERVICE WHICH MUST BE MET BEFORE A VESTED RIGHT TO AN EXECUTIVE BENEFIT MAY BE DEEMED TO HAVE EXISTED ON OR BEFORE MAY 23, 1985; MORE PARTICULARLY AMENDING SECTIONS 40-208(B), 40-214, 40-234 AND 40-241 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sections 40-208(B), 40-214, 40-234 and 40-241 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars: .1/ "Sec. 40-208. Membershipe right of certain persons to releot membership. 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 indicated omitted and unchanged material. P IL0458 Se0. 40-214. Adjustments in benefits. Members who belonged to the Miami City Employees' Retirement System, presently _known as he City of Miami Firra' and Police Officers' Retirement Trust shall continue to be subject to the following adjustments in benefits: (B) Executive benefit. Any member 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 tgnterS' and Poline 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 or or Sec. 40-234. Right of certain persons to reject membership. (A) Those persons employed in the following positions shall have the right to reject membership in the retirement plan 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: city manager, city attorney, city clerk, assistant city manager, chief deputy city attorney, deputy city attorney, assistant city attorney, technical services administrator, executive assistant to the city manAgej assistant city clerk, executive secretary of the civil service board, executive secretary of the planning and zoning board, assistant executive secretary of the Planning board city phystatan, director of a department established by the Charter of the city or by ordinance as authorized by such Charter, assistant director of a department, dtreII-L'or labor relations coorftna tor officer, assistant labor relations courftna officer, cable communications adminia rater, assistant to the city manager ZIT, assistant to the city manager II, legislative administrator. The conditions upon which membership in the retirement plan or the rettrentent sys may be rejected by any person employed in any of the foregoing positions shall be as follows: -3- • I- (1) Submission 'to the commission of a written trust agreement wherein the employee rejects membership in the retirement plan 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 oity's contribution on behalf of the employee to the retirement plan or the r6ttr6IMIlt 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 plan orthe rebtrenienb 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. LQ.1 An employee may. if so provided in the trust . 011 - ol, IM RqMn- •. . . . .. . ; &AM - . .■. . - wasp* MIRMN• • • • -4- -2 n�s�, �nr Lal If an eligible employee fails to oomply with all of the oonditions set forth above, the employee shall not have the right to rejeot membership in the retirement plan or bile reb±Xelttelft SySbeltt. t" .IMV IT�J lL •�6--:----- 5i•lll�•i•}(1111[=} [•IZA%;-iqi■=•r' ranv�=�e�[=�•r�t•�;w�� a��s��■!■�•I�ai•1�[= �J !�-l■}■�tii-)1�[►}��e�•I.��[��■■l■f"� �iKy1■#�l�zY}S%�*�•I.f-�i1 M-M ' =•1•211NP4=iri=i•�4=11��ilsOLO191=i►is nIT%L=�•�.ii:i Sec. 40-241. Adjustments in benefits Members who belonged to the Miami City General Employees' Retirement Plan, press known as the City n¢` Ada —4 P±—,.,.,--1 --A Retirement Trust-. shall continue to be subject to the following adjustments in benefits: (B) Any member who, on or before May 23, 1985, had a vested right to receive an additional retirement allowance under the provisions of the Miami City General Employees' Retirement Plan, presently known as the City of Miami General Employees' and Sanitation Emp3 oyees' Retirement Trust which benefit was previously set forth in 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 75 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 104►56: N Section 2. All ordinanoes-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. PASSED ON FIRST READING BY TITLE ONLY this 9th day of June ' 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of July 19 . XAVIER L. SUARES, MAYOR ATTES MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: A. QUIft JO III DEPUTY CIT TTORNEY t APPROVED AS TO FORM AND CORRECTNESS: 4JOR L. FERNA DE2 CITY ATTORNEY AQJ/pb/bss/M301 I, Ntatty Hirni, Clerk ()f the City of Itilim aio, FI r' , hereby certify that on the��day of A. D. 194TS full, true and correct cope f the above nr:lilnpinl'P. `.'` p.);;t;,d ^ai t110 JJUtil lJit `r Or th, .I;il�Ic i.oliilt. C 1Urt �I�`uac;,t the ,)ia:c� }�rr)l.iu d Ur Notices an(I p ibli uti tm 1)y attaclli,lLi :;.uii cop, w lit:: place provld-„';i WiTNE,SS my hand fil-111 thr., official seal of s:�1< City this Aa day of D. 19 r (• y Cleric -7- N MIAMI REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor of Legal Advertising of the 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 MIAMI ORDINANCE NO. 10458 RE: SANITATION EMPLOYEES RETIREMENT TRUST Inthe ...... X. XN. X.......................... Court, was published in said newspaper in the Issues of July 26, 1988 Affiant further says that the said Miami 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 Gas been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has nejther paid nor promised any person firm or corporation an sco nt, rebate, commission or rej�ind for the purpose ecuring this advertisement for pub c;lipn in the said ne aer. Fi �� ¢ • 'SlvDm•tw�/¢ubscribed before me this day. .. T Ll°jy.......... A.D. 19-8.8. .r..... - ...... ' CheWl H. Marmer `V ..NetaP-gI`1c, :pie of Florida at Large (SEAL),.. NA • . My Corm 9n 'b*plras•Q �n �i992. MR 114 ////I� f0 /IN 1 11,``` 40 R�4 A.ND %`,'REPAIE.A'P eN ri'tarit�e"" OF REVIWINA AND my co rr q Upit" Rp Ma 114 �J,..,dr Ft.o.,Ig 13 I- 0 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: Cesar H . Odio , City. Manager. DATE: May 26, 1988 J-Fk-287 Att: Aurelio Perez -Lug -ones SUBJECT: City Commission Meeting Agenda, June 9, 1988 Jorge L. Fernandez Pension -Ordinance Update FROM: Acting City Attorney REFERENCES: (2) ENCLOSURES: The attached memorandum and proposed 'ordinance, dated March 30, 1988, was withdrawn from the April 14th City Commission Agenda. Modifications have subsequently been made in the attached revised proposed -ordinance, dated May 25, 1988, to reflect the concerns of -all interested parties. JLF:AQJ:bss:P559 I"'A :ITY OF MIAMI• FLORIDA (LATER -OFFICE MEMORANDUM .3 Honorable Mayor and Members of th,, City Commission FROM. •uoia A�ougherty City Attorney .;ATE: FILE: March 30, 1988 .USJE.^.: City Commission Meeting_ Agenda, April 14, 1988 *EFERENCES: • Pension Ordinance Update =NCLOSURES: (1) Upon the recommendation of outside auditors we have removed the additional option enjoyed by a City Manager to reject the City's pension program and to have a separate retirement account established for -contributions by and on his behalf. The attached ordinance addresses changes by way of additions and deletions• in those City positions where individuals holding such positions are entitled to reject membership in the City pension program and join portable pension program administered by the International City Manager's Association (ICMA). Obsolete positions have been deleted and newly -developed positions have been added. - The other change is the addition of language specifically setting forth the requirement of employment -on or before May 23, 1985 plus subsequent uninterrupted member service which must be met before a vested right to an executive benefit can be deemed to' have existed on or before May 23, *1985 (the o-radfathered d:t� -for -the executive benefit) . LAD/RFC/bss/P526 4. co: Cesar H. Odio, City Manager Aurelio Perez-Lugones, Legislative Administrator Natty Hirai, City Clerk 5/31/88 NOTE: ATTACHMENT OMITTED 10458 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To Honorable Mayor and Members DATE June 2, 1988 :E8887 of the City Commission SUBJECT City Commission Meeting June 9, 1988► Agenda Item #54 FROM Jorge L . Fernandez4REFERENCES: Pension Ordinance Acting City Attorne Amendments ENCLOSURES: ( 1 ) The proposed ordinance being distributed for the June 9, 1988 City Commission Meeting has been modified in two particulars: 1) to ref leot, for clarity, propers names for the Retirement System and the Retirement Plan; and 2) to add a designated position of Assistant Executive Secretary to the Planning Hoard as a position inadvertently omitted from positions eligible to reject membership in the City's pension program and to participate in the ICMA Plan. The attached ordinance should be substituted for the draft copy being distributed in the Agenda Packet. JLF/AQJ/bss/P881 oc: Cesar H. Odio, City Manager Matty Hirai, City Clerk Aurelio Perez-Lugones, Legislative Administrator Elena Rodriguez, Pension Administrator l� I MIAMI 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 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 NOTICE OF PROPOSED ORDINANCE RE: SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE in'the .........X ..X.. X...... . ................ Court, was published in said newspaper In the Issues of July 1, 1988 Afllant further says that the said Miami 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 Iication of the attached copy of advertisement; and afflant f h r says that she has neither paid nor promised any person, it or corporation any discount, rebate, commission or ref d or the purpose of securing this advertisement for public I In the said newspaper. � AMA iU4a(I A lll�%crlbed ' fore me this l.... d o13in ..J a ..... 0.1A& 19. 88 . ZI Janet- ol>pz otary Public, Stpte.ptbrld a Large (SEAL) My Commission exp�rby�' lrlilittl MR 114A