HomeMy WebLinkAboutO-10002AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE
CITY OF MIAMIj FLORIDA, BY REPEALING ARTICLE IV,
ENTITLED "PENSION AND RETIREMENT PLANS," OF CHAPTER
40j ENTITLED "PERSONNEL," OF fiHE CODE OF THE CITY
OF MIAMIj FLLORIDAj AS AMENDED, BY REPEALING ORDt-
NANCE NO. 2230, AS AMENDED, WHICH PROVIDED FOR A
PROGRAM OF RETIREMENT ALLOWANCES AND DEATH BENEFITS
ON BEHALF OF CERTAIN EMPLOYEES OF THE CITY OF
MIAMI, SAID PROGRAM BEING ENTITLED "MIAMI CITY
EMPLOYEES' RETIREMENT SYSTEM"; CREATED A RETIREMENT
BOARD TO MANAGE AND OPERATE THE SYSTEM; PROVIDED
ITS POWERS, DUTIES] AND FUNCTIONS; PROVIDED FOR A
TRUSTEE; AND SET FORTH THE PLAN OF FINANCING THE
SYSTEM; AND BY REPEALING ORDINANCE NO. 5524, AS
AMENDED, WHICH PROVIDED FOR A RETIREMENT PLAN
ENTITLED "MIAMI CITY GENERAL EMPLOYEES' RETIREMENT
PLAN," TO PROVIDE CERTAIN RETIREMENT ALLOWANCES AND
DEATH BENEFITS ON ACCOUNT OF GENERAL EMPLOYEES OF
THE CITY OF MIAMI, FLORIDA, OTHER THAN POLICE OFFI-
CERS AND FIRE FIGHTERS; CREATED A RETIREMENT BOARD
TO MANAGE AND OPERATE THE PLAN; PROVIDED FOR ITS
POWERS, DUTIES AND FUNCTIONS; PROVIDED FOR A
TRUSTEE; AND SET FORTH A PLAN OF FINANCING SAID
PLAN; SUBSTITUTING THEREFOR A NEW ARTICLE IV,
ENTITLED "PENSION AND RETIREMENT PLANS," WHICH
ESTABLISHES THE "CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST" AND THE "CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST"; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
BE IT ORDAINED, BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 40, "Personnel," of the Code of the
City of Miami, Florida, as amended, is hereby further amended by
the repeal of Article IV, entitled "Pension and Retirement
Plans," in its entirety and substituting therefor a new Article
IV, entitled "Pension and Retirement Plans," which establishes
the "City of Miami Fire Fighters' and Police Officers' Retirement
Trust" and the "City of Miami General Employees and Sanitation
Employees' Retirement 'Trust," said new Article reading as
follows;
"ARTICLE IV. PENSION AND RETIRPNT PLANS
DIVISION 1. GENERALLY
{ Saco. 40-176-40-199, Reserved,
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DIVISION 2. CITY OF MIAMi FIRE PlaRTERS' AND
POLICE OFFICERS' RET1RkKENT TRUST
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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:
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 mem-
ber 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 for any member who
becomes an employee on or after March 8, 1984, or for any
employee whose active membership in the retirement system com-
mences or recommences after March 8, 1984, 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.
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.
For any member who became an employee before March 8,
1984, and whose active membership in the retirement system did
not cease :before May 2 , 1985, average final compensation shall
mean the annual earnable compensation of such member curing
either the last one (1) year or the highest one (l) year of mem"
bership service, whichever is greater.
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aehefi,gWy shall mean any person receiving retirement
allowance or other benefit from the retirement systOm-
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aenefit shall dean a retirement allowance or other Pay-
ment provided by the retirement system.
Eoard 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 bene-
fits is determined.
Early service retirement shall mean a member's with-
drawal 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 vaca-
tion 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 non -monetary 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 offi-
cer, whether in the classified or unclassified service of the
city.
Any member of the retirement system who becomes 'employed
by the made County Metropolitan Government by virtue of the.mer-
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ger, transfer or assignment of governmental units or functions
and who toes not elect within six (6) months thereafter to become
a member of the state and county officers and employees' retire-
gent 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 bade County Metro-
politan Government shall be deemed to be included within 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 calcu-
lated 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 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) oonseeutive years after last
becoming a member and who does not withdraw his or her accumu-
lated contributions. In order for a member absent from service
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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 exer-
cises a vested right to retirement pursuant to Section 40-212(b).
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 adminis-
tering the retirement system. Salaries for office staff,
overhead, professional fees for actuaries, accountants, and
attorneys, and other similar costs are examples of noninvestment
expenses.
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 of several choices available to
members with respect to the manner in which a retirement allow-
ance 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, usual-
ly for life, payable in monthly installments,
Pi k,-u2 amounts shall. mean employer contributions
derived from a member's earnable compensation through a reduction
in the member's earnabie compensation,
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to be entitled to receive a benefit during the period bof6tes
membership elapses, the benefit must have vested prior to the
membttlt ceasing to be a city employee.
Member not in service shall mean any member who oxer-
cise8 a vested tight to retirement pursuant to Section 40-212(D).
Membership,_ctedit 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 adminis-
tering the retirement system. Salaries for office staff,
overhead, professional fees for actuaries, accountants, and
attorneys, and other similar costs are examples of noninvestment
expenses.
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 of several choices available to
members with respect to the manner in which a retirement allow-
ance 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, usual-
ly for life, payable in monthly installments.
Pick,_-g. amounts shall mean employer contributions
derived from a member's earnable compensation through a reduction
in the member's earnable compensation.
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Police officer shall mean any person employed by the
city who is Nested with authority to bear arms and make arrestsi
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 deter-
mined by the bcard of trustees pursuant to Section 40-206(13).
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 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 equalling 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 credit-
able service and without special qualifications such as dis-
ability. Service retirement shall be considered normalretire-
ment.
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 retirerftent system over the value of its present assets.
The term "unfunded liability" shall include the fro2en unfunded
liability of the retirement System -
Vested „benefit shall mean any immediate or deferred
benefit to which a member has gained a nonforfeitable right under
the provisions of this division.
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.
(A) Selection.
(1) The board of trustees of the retirement system
shall consist of nine (9) persons selected as follows:
(a) One 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 trustees selected by the fire fight-
ers, which trustees shall belong to the bargaining unit repre-
sented by the IAFF and shall be elected and serve according to
the constitution and bylaws of the IAFF;
(c) Two trustees selected by the police offi-
cers, which trustees shall belong to the bargaining unit repre-
sented by the FOP and shall be elected and serve according to the
constitution and bylaws of the FOP; and
(d) Four independent trustees, which trustees
shall not be city employees, selected by the commission. Two
such trustees shall be selected from a list of six persons
submitted by the FOP according to its constitution and bylawsf
and two such trustees shall be selected from a list of sit
persons submitted by the fAPP according to its constitution and
bylaws. Each of the lists.submitted to the commission shall not
contain any nave which duplicates a name appearing on the other
lists. to 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 years;
(iii) Be able to attend board meetings
if scheduled well enough in advance and agree to resign from the
board if meeting attendance is less than seventy-five (75) per-
cent in a one-year period;
(iv) Have been involved in, within the
last five 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 years, a public employee union representative nor a repre-
sentative 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 skull take an oath of office within
ten (10) days following selection as a member of the board.
(5) Term of office,
(1) The term of office for each trustee shall be
two years except for the initial trustees who shall serve as
foiiows;
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(a) Of the trustees selected by the fire
fighters, one shall Serve for a one-year term and the other for a
two-year term;
(b) Of the trustees selected by the police
officersp one shall serve for a one --year term and the Other for a
two-year term;
(c) Of the two independent trustes appointed
by the commission from the list submitted by the IAFF, one shall
serve for a one-year term and the other for a two-year term;
(d) Of the two independent trustees appointed
by the commission from the list submitted by the FOP, one shall
serve for a one-year term and the other for a two-year term; and
(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 bene-
fits 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,
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(a) of the trustees selected by the fire
fighters, one shall serve for a ore -year term and the other for a
two-year term;
(b) of the trustees selected by the police
officers, one shall serve for a one-year term and the other for a
two-year term;
(c) Of the two independent trustes appointed
by the commission from the list submitted by the IAFF; one shall
serve for a one-year term and the other for a two-year term;
(d) Of the two independent trustees appointed
by the commission from the list submitted by the FOP, one shall
serve for a one-year term and the other for a two-year term; and
(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 bene-
fits 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.
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(a) of the trustees selected by the fire
fighters, one shall serve for a one-year term and the other for a
two-year tettt;
(b) of the trustees selected by the police
officerst one shall serve for a one-year term and the other for a
two-year term;
(c) Of the two independent trustes appointed
by the commission from the list submitted by the IAFF, one shall
serve for a one-year term and the other for a two-year term;
(d) Of the two independent trustees appointed
by the commission from the list submitted by the FOP, one shall
serve for a one-year term and the other for a two-year term; and
(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 bene-
fits 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 ether instruments governing the
retirement :system.
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(D) C't311pet%5tic.
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.
(8) 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 quorum for the purpose of meeting and trans-
acting 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 accord-
ance 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 com-
pletion 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) concur-
ring votes shall be necessary to effect such removal, Proper
cause shall mean a trustee's failure to satisfactorily discharge
hip 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.
See, 2 AiAiy.tem.
(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 exper-
ience of its members and beneficiaries;
(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 federalgovern-
mental units as is necessary for the management of the retirement
system, including preparing, filing, and distributing such re-
ports 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 shah, submit the following informa-
tion annually to the commission no later than July I of each
year; (a) a report showing the fiscal transactionso h retire®
mant 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 datet 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 years) or statement value. The board may approve
other methods of determining the actuarial value of retirement
system assets if such other methods are recor=ended 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.
(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 re-
tirement 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 con-
sidered by the board, sixty (60) days notice shall be given to
the city prior to the first meeting of the board to consider any
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Thereafter, reasonable notice shall be given to the pity of any
and all subsequent meetings at which the issue of a change in
actuarial assumptions or A related Proposal or tocomendatibn Is
to be comaid'ored,
(8) Pension administrator,, boaro_,PhYsi.qian- adviaotg.
(1) The board shall employ a pension administrator
to assist the board in the performance of its administrative
duties. The pension administrator mayt 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 qualificationst.
(i) Have an accounting or pension
administration background;
(ii) Have managerial experience including
hiring, directing and motivating a small staff;
(iii) Have sufficient knowledge or exper-
ience to supervise data processing operations;
(iv) Have experience with filing govern-
ment forms (including those related to federal and state com-
pliance 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 invest-
ment schedule;
(x) Be capable of, maintaining minutes of
meetings of the board of trustees;
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(xi) go capable of preparing correspond-
enee, issuing forms, receiving and processing benefit claim9t and
expressing ideas in writing;
(xii) He able to insist upon, and actively
pursue delivery of, all reports and other documents required for
efficient operation of the retirement system;
(xiii) Have effective oral communications
skills;
(xiv) Have a good employment attendance
record;
(xv) Be efficient, practical and commit-
ted 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 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, discre-
tion 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
taping 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 adminis-
trative duties. The board tray act without independent
investigation upon the professional advice of advisors so re-
tained,
(4) The board shall, consistent with its independ-
ence from the board of trustees of the City of Miami General
Employees` and Sanitation Employees' 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 inspec-
tion 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.
(2) The board shall provide the city manager with
copies of all documents relating to the retirement system con-
temporaneously 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
s
business C(=Plies With the city's requirements or guidelines as
to timeliness and adequacy of information.
(D) Rules...ano'. rLLegqlation_s.
Subject to any limitation contained in this division,
the board may from time to time establish such rules and regula-
tions as are necessary for efficient administration and manage-
ment 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 ordi-
nance. The commission, having retained that right, hereby
appoints a successor trustee 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 Trus.t 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 irre-
vocable trust as set forth in prior city ordinances.
(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 eystem,
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( a ) for the exclusive purpose of providing
bsnefits to members and their beneficiaries and defraying reason-
able expenses of administering the retirement system;
(b) with the care, skill, prudence and dili-
gence under the circumstances then prevailing that a prudent man
acting in a like capacity and familiar with such natters 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 cir=
cumstances 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 advice 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 protection of the board in
the performance of its duties.
(8) 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. aocrual.s thereto.
(2) The board may buy, sells convert, redeeamr
exchange or otherwise dispose of trust property at any public or
private dale without notice or advertisementsfor cash or upon
r�
M
Of any person dealing with the board to see the application of
the prbcess of or inquire into the validity, expedience or pro-
priety of any such disposition, and may fnake, execute, acknowl-
edge 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, associa-
tion 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) Trust funds may be invested without limitation
in:
(a) Bonds, notes or other obligations of the
United States 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; and
(b) Certificates of deposit of any bank
incorporated under the laws of this state or any national bank
organized under the laws of the United States to do business and
situated in this state, to the extent that such savings accounts
are insured with the federal government or an agency thereof, and
if the certificates of deposit are secured by the deposit. of
securities of the United States government,
(2) Not more than ten (io) percent of trust funda
may be invested in any one (1) entity of the categories listed
below:
(a) Common stock, preferred stook and inter-
est -bearing obligations of corporations having an option to Con-
vert 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 that
the aggregate investment of the fund in any one (1) issuing cor-
poration shall not exceed three (3) percent of the outstanding
capital stock of that corporation;
(b) Notes secured by first mortgages on real
property, insured or guaranteed by the Federal Housing Adminis-
tration or the Veterans' Administration; and
(c) Interest -bearing obligations with a fixed
maturity of any corporation within the United States; 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 men-
tioned.
(3) Within the limitations of the foregoing stand-
ards, 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.
(p)
Money_manaser.
(1) pursuant to written agreement, the board shall
retain one or more money managers for the management of property
held in the
Fund, and the 'board shall convey property of the Fund
I Ti
?.r. k
s
to such money manager(s) for investment and reinvestment in
accordance with this section,
(a) The board shall establish written guide-
lines and objectives against which the investment performance of
any money manager retained by the board shall be measured. If a
money manager 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 circum-
stances, the board recommends continuation and such continuation
is approved by the commission.
(b) In the acquisition, investment, reinvest-
ment, 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, con-
sidering 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 benea-
fiCiaries of the retirement system and defraying
reasonable
expenses of administering the retirement system. Any written
0
request to the money managers) from the board shall Constitute a
Certification that the distribution so requested is one that the
board is authorised to direct► and the money managers) shall not
be rewired to investigate the application of such money by the
board or its designee.
(2) The beard 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, exer-
cise 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 inspec-
tion 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.
Sec. 40-205. Contributions.
(A) Member contributions.
(1) Regular contributions of each member of the
retirement system shall be made each pay period at the rate of
ten -and -one-half (10,5) percent of each member's earnable c9m-
pensat Qn, Of that amount, a sum equal to two (2) percent of the
member's earnable compensation shall be credited to the COLA fund
e5tablisbed -by Section 40-213.
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i
(2) The city shall pickup, rather than deduct#
all regular contributions of members, The city shall derive
pick-up amounts from the same source of funds which is used itt
compensating members of the retirement system and shall do so by
reducing the earnable compensation of each member. All pick-up
amounts shall be treated as employer contributions for purposes
of determining tax treatment under the Internal Revenue Code of
1954, as amended.
(3) The board shall certify to the appropriate
city authority or officer responsible for making up the payroll
for members of the retirement system, the proper proportion of
each member's earnable compensation which shall be picked -up each
pay period as well as any additional amounts which shall be
deducted for any member. In determining the amount earnable by a
member in each pay period, the board may consider the rate of
annual compensation payable to such member on the first day of
each period as continuing throughout such period, and the board
may omit pick-up of amounts from earnable compensation for any
period less than a full period. To facilitate pick-up of contri-
butions, the required contributions may be modified by such an
amount as shall not exceed one -tenth (1/10) of one (1) percent of
the annual earnable compensation which is the basis upon which
such pick-up amount is to be made.
(4) The proper authority or officer responsible
for making up the payroll for members of the retirement system
shall certify to the board on each payroll, the amounts to be
deducted or picked -up by the city for each Member. Such amounts
shall be deducted or picked -up by the city, and when deducted or
picked -up, shall be paid to the retirement system and credited to
the membership account for each respective member.
(5) Regular contributions shall be made, notwith-
standing the fact that the minimum compensation provided for by
law for any member shall be reduced thereby. Ever' member shall
be deemed to consent and agree to the pick-up of regular contri-
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bUtiong provided for hereitit and payment of Compensation less
such contributions shall be a full and complete discharge of all
claims and demands whatsoever for service tendered during the
period of employment covered by such payment, except as to bene-
fits otherwise provided by this division,
(8) City contributions.
The city's annual fiscal contribution to the retirement
system shall provide for the following: (1) nonlinvestmeftt
expanses of the retirement system; (2) amortization of the
unfunded liability of the retirement system; and (3) 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 for the unfunded
liability of the retirement system in any given fiscal year shall
be made in accordance with Schedule "A" of Attachment "D" of the
Final Judgment entered on May 23, 1985, in the matter of Gates v.
City of Miami, Case No. 77-9491, in the Circuit Court for the
Eleventh Judicial Circuit in and for Dade County, Florida? and in
accordance with the following additional provisions:
(a) Any increase in the unfunded liability of
the retirement system which arises from lawful increases in bene-
fits, provided by the city unilaterally shall be, amortized in
level annual installments over the shorter of: (1) 30 years from
the beginning of the fiscal year in which the change occurred, or
(2) the period over which such benefit increase is expected to be
paid.
Monts over a period of 80 years from the beginning of the fiscal
year in Which the change occurred.
(3) The city's contribution for normal cost!; Of
the retirement system in any given fiscal year shall be detet-
mined by applying the actuarially calculated entry age normal
cost percentage rate to the valuation payroll, i.e., the covered
payroll of active members. The normal costs contribution shall
be determined as of October 1 of each year (based on the valua-
tion payroll and the retirement system provisions in effect at
that time) for the fiscal year beginning on the subsequent
October lt adjusted for interest for one year. The funding
method to be used shall be the Frozen Entry Age Actuarial Cost
Method as such method is defined as of May 23, 1985, by the
American Academy of Actuaries.
The calculation for normal costs shall be performed
separately by actuaries for the city and for the retirement
system in accordance with the provisions of the foregoing para-
graph. The actuary for the retirement system shall use actuarial
assumptions adopted by the board. The actuary for the city may
use any actuarial assumptions deemed appropriate by that
actuary. If the actuary for the retirement system and the
actuary for the city agree on the normal costs contribution to be
made by the city, that amount shall be contributed by the city,
If the two actuaries cannot agree on the normal costs contribu-
tion, they shall promptly select an independent third actuary.
If they are unable to agree on a third actuary, one shall be
selected by the American Academy of Actuaries. The third actuary
shall, as soon as practicable, submit to the board and to the
commission a funding recommendation utilizing standard acceptable
funding techniques and assumptions. Thereafterr, the commission
shall fund the amount recommended by either the actuary for the
retirement system or for the city, whichever recommendation is
closer to the recommendation of the third actuary,
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(4) 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 and unfunded liability contributions to the
retirement system for the next fiscal year, including the amount
of any benefits payable on account of the former Pension and/or
Retirement Fund for Members of the Police and Fire Departments of
the city of Miami, and
(b) The amount of appropriation required to
pay the noninvestment expenses of the retirement system for the
next fiscal year.
('5) All contributions mane oy the city to zne
retirement system for any given fiscal year shall be made quar-
terly, in equal payments, on the first day of each quarter during
the fiscal year in question. If the amount of the city's contri-
bution for normal costs has not been determined by the initial
payment date in any given fiscal year, the city shall make
quarterly payments based upon the greater of (a) the prior year's
contribution to normal costs, or (b) the amount shown for that
year in Schedule "A" of Attachment "D" of the Final Judgment des-
cribed in paragraph (2) above. Upon determination of the city's
contributions for normal costs, if the amount required to be
contributed differs from the amount previously paid, a
corresponding adjustment shall be made in full on the next
quarterly payment date.
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 mem-
ber or withdrawn by a member absent from service, and accumulated
contributions paid to a legal representative or designated bens
d
ficiary in the event of a member's death while a member, shall be
cnarged 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 trans-
ferred from the membership account to the benefit account.
(t) 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;
(ii) 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 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,
we 2.6 -
(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 I OE 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) per-
cent.
(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 bene-
ficiaries 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.
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 re-
tirement system, a member With a specific disability at the time
w27w
Am
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 retire-
ment 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 notwith=
standing the preemployment disability.
Sec. 40-208. 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.
(B) With the exception of persons eligible to decline
membership in the retirement system pursuant to Section 40-234 of
this Code, 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 permitted by
Section 40-234 is made.
(C) Should any member in any period of five (5) con-
secutive years after last becoming a member be 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
compensations duties, gate 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.
See. 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 retire-
ment system upon such transfer.
(B) Commencing on the effective date of transfer to the
retirement system, a member who has transferred from the retire-
ment 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 trans-
ferred 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 retire-
ment 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 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 sotvice► 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 contribu-
tions 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.
(a) An election permitted by this subsection
must be made on a form provided by the board.
(b) 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,
(8) The board shall fix and determine by appropriate
rules and regulaticns the amount of service in any year which is
"30-
F9
L-A
equivalent to a year of membership service, but in fto case shall
mote than one (1) year of Membership service be creditable for
all service in one (l) calendar year, The board shall not allow
credit 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.
Section 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 reach-
ing normal retirement age, whose membership has not been termi-
nated 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 con-
tributions 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
mem.bersh p credit pursuant to Section 40-211(A)(1), be or she may
apply to the board for membership credit for prior membership
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 dis-
ability 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 com-
plete a payback within the required time (except as otherwise
provided in paragraph (6) above), shall be considered a new mem-
ber 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 cer-
tain laborers, watchmen and. custodial
workers.
(1) Any member who was 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 fQr the membership credit claimed. Such contrib -
i
service up to a maximutt of four (4) Mears, provided separation
from prior etftpl6yment war, 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 rater
excluding interest,
(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 mem-
bership 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, per-
mitted by thhis subsection, and following a period of five (5)
tions shall be computed at the then contribution rate of the
member's group and class times the member's then annual earftable
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 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
W34-
such manner as the board presaribe§l
(2) Any member of the retirement system who With-
drew accumulated contributions due to entrance into military
service during World War'rt, and who qualifies under the provi-
sions of Resolution No. 16366, passed and adopted by the commis-
lion August 28, 1940, as amended by Resolution No. 181IS? passed
and adopted by the commission March 24, 1943, may receive member-
ship credit for prior membership service by redepositing the
accumulated contributions withdrawn, together with regular inter-
est 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
Secticns 40-211(C)(1) or (2), shall receive membership credit up
to a maximum of four (4) years for the time spent on active mili-
tary 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 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 hoard
within thirty (30) days after receipt thereof in order to estab-
lish 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 earnabie compensation ,su<b-
"35-
I a,
Sequent to July 1, 1945, for which creditable service has been
earned under the retirement system, plus four (4) percent inte-
rest thereon, compounded annually froth the date of First credit-
able 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 dis-
ability benefit shall be reduced by the actuarial equivalent of
the unpaid portion of the amount to be paid back.
(D) Credit for maternity leave.
(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 and 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 cur-
rent 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 shah be
eligible to receive membership credit for unpaid leave taken for
maternity purposes up to a maximum of one hundred and 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
-36-
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 Bum 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.
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 attain-
ment 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
fifty (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 compul-
sory at age sixty (60) for members in service,
(3) upon service retirement, a member shall be
entitled to receive a retirement allowance equal to two -nand -one-
half (2,5) percent of the member's average final compensation
multiplied by years of creditable service, which amount shall be
paid yearly in monthly installments.
-37-
(4) A member eligible for
service retirement
may -
choose any one
of the optional allowances
available to him or
her
on the date of
retirement, as provided in
Section 40-212(t),
(a)
Rule of70retirement,
(1) Any member in service
who was employed by
the
city before March 8, 1984r and who did not
withdraw from active
membership in
the retirement system prior to May 23, 1985,
may
elect service
retirement on the basis of
his or her combined.
age =
and creditable service equalling seventy (70) or more. 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, a member shall be
entitled to receive a retirement allowance equal to two -and -one
half (2.5) percent of the member's average final compensation
multiplied by years of creditable service, which amount shall be
paid yearly in monthly installments.
(3) A member eligible for Rule of 70 retirement
may choose any one of the optional allowances available to him or
her on the date of retirement, as provided in Section 40-212(L).
(C) Early service retirement.
(1) Any member in service who has twenty (20) or
more years of creditable service may elect to retire on a retire-
ment 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 sub-
sequent 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 of the optional allowances available to him or
her on the date of retirement, as provided in Section 40-212(L),
�0
(D) nested right, tg- 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 ages provided!
(a) That when the member ceases to be a city
employees 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) Upon attainment of normal retirement ages a
member not in service shall be entitled to receive a retirement
allowance equal to two -and -one-half (2.5) percent of the member's
average final compensation multiplied by years of creditable
service, which amount shall be paid yearly in monthly install-
ments.
(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 retire-
ment under any retirement system or plan sponsored by the city
and thereafter becomes an employee, he or she shall become a new
-39-
member of the retirement system on the date emPloyment to -
commences 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 employ-
meat and, in addition, shall be entitled to receive a retirement
benefit for his or her prior employment in accordance with para-
graph (2) above.
(t) 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; pro-
vided, that after medical examination of such applicant, 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 (F) of this
section), that such incapacity is' likely to be permanent, and
that such member should be retired.
(2) Upon retirement for ordinary disability, a
member shall be entitled to receive a retirement allowance equal
to two -and -one-half (2.5) 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; other-
wise, a retirement allowance equal to two--and-one-half (2.5)
percent of ninety (90) percent of the member's average final
compensation multiplied by the number of years which would be
creditable to the member were the member's service to continue
until the attainment of normal retirement age, provided further
that the resulting retirement allowance shall not exceed thirty
— (30) percent of the member's average final compensation,
(3) A member entitled to receive an ordinary dig -
ability retirement allowance shall not be eligible for a return
of contributions as provided in Section 40-212(1), nor for
optional allowances as provided in Section 40=212(L),
(') Accidental or service -incurred
disability retirement,
(1) Any member in service who, prior to attaining
the age of sixty (60.)o 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 attain-
ing 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 perma-
nently 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 incapacl-
tation for duty, shall be presumed to have been accidental and
s
In
sufferer 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 exari`lina-
tion failed to reveal any evidence of any such condition,
(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 or service -
incurred disability, a member shall be entitled to receive a
retirement allowance equal to sixty-six and two-thirds (66 2/3)
percent of the member's average final compensation or sixty-six
and two-thirds (66 2/3) percent of the earnable compensation
received by the member during the year immediately preceding the
member's death, 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 40-
212(I), nor for optional allowances as provided in Section 40-
212(L).
(7) Upon the death of any member who has received
an accidental or service -incurred disability .retirement, the
spouse of said member who was 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 212(M) of this division,
(G) 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
Qf creditable service, which death is not the result of an accl-
dent in the actual performance of duty a5 defined in subsection ji
1
(H) of this sectibnt 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.
(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 compensa-
tion received by the member during the year immediately preceding
the member's death.
(3) If a retired member dies prior to having re-
ceived 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 exe-
cuted 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 mem-
ber received.
half (1/2) of the member's average final compensation, which
amount shall be paid yearly in rftonthly 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 dis-
cretion 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, 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 the
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
M44-
0.
service as a fire fighter or police officer, which exarAination
failed to reveal any evidence of such condition,
(l) 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 contri=
butions, with the following exceptions:
(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 40-212(L) 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 contribu-
tions unless the member died in service. In such event, accumu-
lated contributions shall be payable to such persons, if any, as
the member shall have nominated by written designation duly exe-
cuted 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.
(_J) 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 classi-
fication; 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 transfered,
(2) if a former member who has received an acci-
dental disability retirement is performing the duties of a police
officer or fire fighter, or is performing services which are
service as a fire fighter or police officer, which eXaMination
failed to reveal any evidence of such condition.
( t ) return of _contributions,
Should a ►ember cease to be a city employee, the member
shall be paid on demand the sum of his or her accumulated contr'
butions, with the following exceptions.
(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 40-212(L) 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 contribu-
tions unless the member died in service. In such event, accumu-
lated contributions shall be payable to such persons, if any, as
the member shall have nominated by written designation duly exe-
cuted 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.
(J) 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 classi-
fication; 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 transfered,
(2) If a former member who has received an abc '
dental disability retirement is performing the duties of a police.
officer or fire fighter, or is performing services which are
-45-
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 bone-
fits of such member as hereinafter provided! it 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 classifica-
tion from which the member was retired. If the retirement bene=
fit 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 pur-
pose, a statement of salary and type of employment.
(3) Any former member who is receiving a dis-
ability 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 phy-
sician or physicians shall report to the board as to the contin-
uance of the former member's total and permanent incapacity for
duty.
(a) In the event the board finds that a dis-
ability 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 oonsent, to other classifications within the limits
of his or her mental or physical capacities at a rate of compen-
sation not less than one hundred (100) percent of the pay which
-46-
he or she would be entitled to receive at the time of return to
service for the classification occupied by the beneficiary prior
to his or her incapacity6
(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) years
all right in and to a retirement benefit may be revolted 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.
(K) 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 mem-
bership on or after the attainment of age € if ty (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 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.
(L) optional allowances.
(1) Any member may elect to receive in lieu of the
retirement allowance otherwise payable to him or her, the actuar-
ial 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 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 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
�1
shall have nominated by written designation duly executed and
filed with the board at the tiftie of retirement; or
option 4,. Upon the member's death, some Other benefit
shall be payable; provided, that the total value of the allowance
during the member's life and the succeeding benefit shall be Com-
puted to be of equivalent actuarial value to the allowance which
he or she would receive without optional modification; and pro-
videdr that the benefit shall be approved by the board; or
Option 5: If, as a result of an accidental injury in-
curred in 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 addi-
tional five (5) percent of such service retirement allowance; or
I (ft Such mamhar ma dirpni- f-ha A Mani- of A
benefit of forty (40) percent of the member -Is monthly retirement
allowance to be paid at the member's death to his or her spouse
nominated and designated by him or her at the tithe 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 com-
puted 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 here-
in 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.
(M) 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 mem-
ber and the to -be -deleted beneficiary.
(2) To the extent the to -be -substituted benefic-
iary. 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 bene-
ficiary,
(N) Pension offset by other compensation benefit.
Any periodic or lump -sum amounts which may be paid, or
payable under the provisions of any state workers' compensation
or Similar law to a member or to the dependents of a member on
account of any disability or deathe 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 sate disability or death.
See. 40-21:3, Con t-0f-.1iy.ing__a,UPWarice .
(A) A COLA fund shall be established for beneficiaries
of the retirement system to be financed as follows:
(1) As set forth in Section 40-205(A)(1), two (2)
percent of the earnable compensation of each Member shall be
picked -up each pay period by the city and credited to the COLA
fund.
(2) The city shall contribute to the COLA fund an
amount equal to one (1) percent of the total payroll of all mem-
bers per fiscal year, to the extent such an amount is available
from excess interest earnings determined on an accumulated basis
from October 1, 1982, to the beginnning of the year of determina-
tion, reduced by any COLA transfer in prior years. The city's
contribution shall be calculated after the close of the fiscal
year, and the transfer of assets from trust funds of the retire-
ment system to the COLA fund shall be made in timely fashion.
City contributions to the COLA fund pursuant to the provisions of
this paragraph shall be mandatory for three and one-half years
only, beginning October 1, 1983.
(B) Any contributions to the retirement system which
are credited to COLA fund 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
fund.
(C) All other matters regarding the COLA, fund shall be
determined by negotiations between the city, the board, and the
bargaining representatives of the IAFF and the FOP; provided that
in determining the disbursement of COLA funds to beneficiaries,
priority shall be given to beneficiaries who currently receive
comparatively smaller monthly benefits due to the length of tine
��l-
they have been retiredr except to the extent their smaller bene-
fits are the result of their prior receipt of lump sum benefits,
See, 40-214. At just tents._ in ._betitf.its.
Members who belonged to the Miami City Employees'
Retirement System shall continue to be subject to the following
adjustments in benefits:
(A) Election of increased benefit of Class A
membership.
(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 or 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 dis-
ability retirement under the City of Miami Fire Fighters' and
Police officers' Retirement Trust, shall have his or her ;disabi-
lity retirement allowance reduced by the actuarial equivalent of
the then unpaid amounts.
(2) if any member of the retirement systetn elected
Class A membership or an increased rate of benefit under the
Miami City EmployeesRetirement System, and his or her
contributions pursuant to such election cause accumulated contri-
butions 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 excess contributions upon retirement or
shall have his or her retirement allowance increased 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 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, 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 Mule
of 70 retirement pursuant to this division.
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 i.nsol-
vency law or any other process of law whatsoever, except with
respect to alimohy, child support, or Medical payments to a -
former spouse. -
Sec. 40-216. protection against fraud,
Whoever, with intent to deceive, shall make any state-
menu or reports required under this division which are untrue or
shall falsify or permit to be 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 pos-
sible, 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
retire-
ment 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 condlti040
(A) It is intended that the City of Miami Fire
Fighters' and police Officers' Retirement Trust be and retrain 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.
(8) 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 shall be adopted
which will reduce the then accrued benefits of members or bene-
ficiaries covered by accumulated reserves, which reserves shall
constitute a trust fund for the payment of such benefits.
Secs. 40-220-40-224. Reserved.
DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST
Sec. 40-225. 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:
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 plan by a member
pursuant to this division, together with regular interest thereon
as provided in Section 40-231(8).
Active membership shall mean membership in the
retirement plan as an employee.
Actuarial equivalent shall mean a benefit having the
same present value as the benefit it replaces.
AFSCME shall mean The American Federation of Mate,
County and Municipal Employees, Local 1907,
Average final compensation shall mealy for any member who
becomes an employee on or after ifay 24, 1984, or for any employee
whose active membership in the retirement plan commences or re-
10 0 xk
(y
commences after May 24, 1984, the average annual earnable compen-
sation of such member during either the last two (2) years of the
highest two (2) years of membership service, whichever is
greater.
For any Member who became an employee before May 241
1984, but whose active membership in the retirement plan ceased
before May 23, 1985, average final compensation shall mean the
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.
For any member who became an employee before May 24,
1984, and whose active membership in the retirement plan did not
cease before May 23, 1985, average final compensation shall mean
the annual earnable compensation of such member during either the
last one (1) year or the highest one year of membership service,
whichever is greater; provided, however, that the highest one
year of annual earnable compensation shall not exceed the second
highest year of annual earnable compensation by more than fifteen
(15) percent, excluding any difference due to longevity,
anniversary and/or negotiated cost -of -living increases.
Beneficiary shall mean any person receiving a retirement
allowance or other benefit From the retirement plan.
Benefit shall mean a retirement allowance or other pay-
ment provided by the retirement plan.
Board or board of trustees shall mean the board of
trustees of the retirement plan.
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 plan is based or upon which the amount of such bene-
fits is determined
e
PLAY- 9ar2ice-;e,tiTO;Peht shall mean a membet'g with-
drawal frost 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 vaca-
tion and sick leave taken, jury duty, and death-in=family leave
taken. tarnable 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 non -monetary
entitlements,, or any other form of remuneration.
Employee shall mean any regular and permanent officer or
employee of the city, other than a fire fighter or police officer
as defined in Section 40-200 of this Code.
Any member of the retirement plan 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' retire-
ment 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 Metro-
politan Government shall be deemed to be included within 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
General Employees' and Sanitation Employees' Retirement Trust
Fund, as calculated in accordance with Chapter 112 of the,Florida
Statutes, loss the assumed return on the actuarial market value
of such assets for active members on the current actuarial
valuation report,
W57-
Fund shall mean the City of Miami General Employees' and
Sanitation EMployees ` Retirement Trust Fund.
Member.or member in service shall dean an employee for
whoa contributions to the retirement plan 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 accumu-
lated 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 exer-
cises a vested right to retirement pursuant to Section 40-239(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 plan are made as
required by this division.
Miami City General Employees' Retirement Plan shall mean
the city penison plan which was established effective, July 1,
1956, pursuant to Ordinance No. 5624, enacted May 2, 1956.
Noninvestment expenses shall mean the costs of adminis-
tering the retirement plan. Salaries for office staff, overhead,
professional fees for actuaries, accountants, and attorneys, and
other similar costs are examples of noninvestment expenses.
Normal costs shall mean the cost of benefits
attributable to the current year under the frozen Entry Age
Actuarial Costs method.
02t�an shall mean one of several. Choices available to
members with respect to the manner in which a retirement allow-
ance may be paid,
"58W
POYI$40 shall mean a member's contribution to the
retiteMOnt plan for membership credit for which other than
regular contributions may be made pursuant to this division.
Contributions permitted for paybacks shall not be picked -up by
the city but may be deducted from a member's compensation.
Pension shall mean a series of periodic payments, usual-
ly for life, payable in monthly installments.
Pick-up amounts shall mean employer contributions
derived from a member's earnable compensation through a reduction
in the member's earnable compensation.
Regular contributions shall mean amounts picked -up by
the city from the earnable compensation of a member. Regular
contributions shall not include payback contributions of any kind
or nature or any other amounts which may be deducted from a
member's compensation pursuant to this division.
Regular interest shall mean interest at the rate deter --
mined by the board of trustees pursuant to Section 40-231(B).
Retirement shall mean a member's withdrawal from service
with a benefit granted to the member pursuant to the provisions
of this division.
Retirement allowance shall mean a pension provided b
the retirement plan.
Retirement plan shall mean the City of Miami Genera
Employees' and Sanitation Employees' Retirement Trust.
Rule of 75 shall mean a computation consisting of th
sum of a member's age and length of creditable service, which sui
shall permit normal service retirement upon the member's combine,
age and creditable service equalling at least seventy-five (75)
SEA shall mean The Sanitation Employees Association.
Service shall mean active service as an employee,
- Service retirement shall mean a member's retirement fro,
service under circumstances permitting payment of a retiremen
allowance without reduction because of age or length o
creditable service and without special qualification$ such a
-59-
1
disability. gervice retirement shall be considered normal re-
t cement.
'trustee shall mean a member of the board of trustees of
the retirement plan.
Unfunded liability shall mean "unfunded actuarial
liability" which is the excess of the actuarial accrued liability
of the retirement plan Over the value of its present assets.
Vested benefit shall mean any immediate or deferred
benefit to which a member has gained a nonforfeitable right under
the provisions of this division.
Sec. 40-226. Retirement plan established;_ purpose;
name; date operative.
A retirement plan 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 provi-
sions of this division. The retirement plan established herein
shall be known as the "City of Miami General Employees' and Sani-
tation Employees' Retirement Trust" and shall be effective as of
June 13, 1985.
Sec. 40-227. Board of trustees.
(A) Selection.
(1) The board of trustees of the retirement plan
shall consist of nine (9) persons selected as follows:
(a) One 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 trustees selected by the general.
employees, which trustees shall be present or retired members of
the bargaining unit represented by the AFSCMf and shall be
elected and serve according to the constitution and bylaws of the
AFSCMS;
(c) Two trustees selected by the sanitation
employees, which trustees shall belong to the bargaining unit
(d) Four independent trustees, which trustees
shall not be city frmployees, selected by the coit►mission. Two
such trustees shall be selected from a list of six persons
submitted by the AFSCMt according to its constitution and bylaws,
and two such trustees shall be selected from a list of six
persons submitted by the StA according to its constitution and
bylaws. each of the lists submitted to the commission shall not
contain any haute which duplicates a name appearing on the other
list. In the event a duplication of naives 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 imme-
diate environs) for the past five years;
(iii) Be able to attend board meetings if
scheduled well enough in advance and agree to resign from the.
board if meeting attendance is less than seventy-five (75) per-
cent in a one-year period;
(iv) Have been involved in, within the
last five years, and be knowledgeable about, employee pension or
similar fringe benefit's;
(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
years, a public employee union representative not•: a representa-
tive of managment for the city;
(viii) Not be actively involved in nor
aspire tQ be actively involved in city, county or state politics.
(2) A trustee shall take an Oath of office within
tern (10 ) days after his ®r hPr sP7 pt-fh, nn _
(a) Term of office
(1) The term of ofelice for each trustee shall be
two years except tot the initial trustees who shall serve as
follows:
(a) Of the trustees selected by the general
employees, one shall serene for a one-year term and the other for
a two-year term;
(b) Of the trustees selected by the sanita-
tion employees, one shall serve for a one-year term and the other
for a two-year term;
(c) Of the two independent trustes appointed
by the commission from the list submitted by the AFSCME, one
shall serve for a one --year term and the other for a two-year
term;
(d) Of the two independent trustees appointed
by the commission from the list submitted by the SEA, one shall
serve for a one-year term and the other for a two-year term; and
(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 plan. As named fiduciaries, the
trustees shall discharge their duties and responsibilities solely
in the interest of members and beneficiaries of the retirement
plan
(1) for the .exclusive purpose of providing bene-
fits to members and their beneficiaries and defraying reasonable
expenses or. administering the retirement plan;
(2) with the care, skill, prudence and diligence
under the circumstances then prevailing that a prudent person
acting in a lice capacity and familiar with such matters would
n
( E ) Tarfft..pf, of f.ice
(1) The term of office for each trustee shall be
two years except for the initial trustees who shall serve as
follows:
(a) Of the trustees selected by the general
employees, one shall serve for a one-year term and the other for
a two-year term;
(b) Of the trustees selected by the sanita-
tion employees, one shall serve for a one-year term and the other
for a two-year term;
(c) Of the two independent trustes appointed
by the commission from the list submitted by the AF5CME, one
shall serve for a one-year term and the other for a two-year
term;
(d) Of the two independent trustees appointed
by the commission from the list submitted by the SEA, one shall
serve for a one-year term and the other for a two-year term; and
(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 plan. As named fiduciaries, the
trustees shall discharge their duties and responsibilities solely
in the interest of members and beneficiaries of the retirement
plan
(1) for the exclusive purpose of providing bene-
fits to members and their beneficiaries and defraying reasonable
expenses of administering the retirement plan;
(2) with the care, skill, prudence and diligence
under the circumstances then prevailin that a d t
pru en_. person
acting in a like capacity and familiar with such matters would
0
0
uae in the conduct of an enterprise of a like character and with
like ants; and
(3) 1'n accordance with ordinances and other
applicable law, documents and other instruments governing the
retirement plan.
(D) Compensation.
'trustees who are employees of the city 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.
(F) 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 plan 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 quorum for the purpose of meeting and trans-
acting 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 of trustees
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 oom-
pleton 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) concur-
W63-
ring votes shall be necessary to effectuate such removal, Proper
cause shall mean a trustee's failure to satisfactorily discharge
his or her fiduciary duties and responsibilities, including, but
not limited tot failure to attend seventy-five (75) percent or
More board meetings in a one-year period.
Sec. 40-228, Administration of retirement plan.
(A) Plan administrator.
The board of trustees shall serve as plan administrator
of the retirement plan.
(1) The general administrative duties of the board
shall bet
(a) To maintain such records as are necessary
for calculating and distributing of retirement plan benefits;
(b) To maintain such records as are necessary
for financial accounting and reporting of retirement plan funds;
(c) To maintain such records as are necessary
for actuarial evaluation of the retirement plan, including inves-
tigation into the mortality, service and compensation experience
of the members and beneficiaries of the retirement plan;
(d) To compile such administrative or invest-
ment information as may be required for the management of the
retirement plan;
(e) To process, certify and/or respond to all
correspondence, bills and statements received by the retirement
plan, as well as all applications submitted to the board for
retirement plan benefits;
(f) To establish and maintain communication
with city departments, and other local, state and federal govern
mental units as may be required for the management of the retire-
ment plan, 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 plan;
L1
(2) The board shall submit the following informa-
tiOn annually to the conniSaion no later than July 1 of each
year: (a) a report showing the fiscal transactions of the
retirement plan for the year ending on the preceding September
thirtieth as well as the amount of accumulated cash, securities
and other property of the retirement plan, and (b) the curtetit
actuarial valuation of the assets and liabilities of the plan.
The actuarial value of assets held by the retirement
plan shall be designated as the lower of moving market value
average (three years) or statement value. The board may approve
other methods of determining the actuarial value of retirement
plan 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 plan assets, the board shall give timely, written
notice to the city of the proposed change.
(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 plan. Taking into account the
result of such investigation, the board shalladoptfor the re-
tirement plan 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 plan shall be made.
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, reasons
100
i
J
able notice shall be given to the city of any and all subsequent
Meetings at Whidh the issue of a change in actuarial assumptions
or a related proposal or recommendation is to be considered,
(8) Pension Adminio_t,rat_otj board phys,i,pa4j_ 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 plan,
(a) The pension administrator selected by the
board shall have at least the following qualifications:
W Have an accounting or pension
administration background;
(ii) Have managerial experience
including hiring, directing and motivating a small staff;
(iii) Have sufficient knowledge or
experience to supervise data processing operations;
(iv) Have experience with filing
government forms (including federal and state compliance require-
ments) and have the initiative to inquire and successfully 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 finan-
cial management and obeying guidelines established by the board;
(vii) Be capable of developing cash
flow projections;
(viii) Be capable of preparing finan-
cial reports reflecting the activity of the trust and financial
trends;
(i) Be capable of maintaining an
investment schedule;
W Be capable of
minutes of meetings of the board;
-66-
maintaining
n
able 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 rec6mmendation is to be considered.
(B) Pens.ibn_�dm�nis_trator;_board hlrsician; 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 plan.
(a) The pension administrator selected by the
board shall have at least the following qualifications:
M Have an accounting or pension
administration background;
Have managerial experience
including hiring, directing and motivating a small staff;
(iii) Have sufficient knowledge or
experience to supervise data processing operations;
(iv) Have experience with filing
government forms (including federal and state compliance require-
ments) and have the initiative to inquire and successfully 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 finan-
cial management and obeying guidelines established by the board;
(vii) Be capable of developing cash
flow projections;
(viii) Be capable of preparing finan-
cial reports reflecting the activity of the trust and financial
trends;
(ix) Be capable of maintaining an
investment schedule;
(x)
minutes of meetings of the board;
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Be capable of maintaining
1:0
(3) The board shall have authority to retain its
own legal counsel, accountants, actuariesi and other professional
advisors to assist the board in the performance of its adminis-
trative duties. The board may act without independent investiga-
tion upon the professional advice of advisors so retained.
(4) The board stealit consistent with its indepen-
deuce from the board of the City of Miami Fire Fighters' and
Police officers' 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 inspec-
tion 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.
(2) The board shall provide the city manager with
copies of all documents relating to the retirement plan contem-
poraneously 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 docu-
ments relating to the retirement plan contemporaneously upon the
making or receipt of such documents by the city or immediately
thereafter. All written communications relating to the retire-
ment plan 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 plan business, such
business shall be placed on the agenda of the comission and heard
at its next regularly scheduled meeting; provided, that the
(b) Rules ,and, ragulationg.
Subject to any limitation contained in this division,
the board may from time to time establish such rules and regula-
tions as are necessary for efficient administration and manage -
meet of the retirement plan.
Sec. 40229. 'gust fund.
(A) Nature„ of trust.
(1) The Miami City General Employees' Retirement
Plan Trust is an irrevocable trust previously established by
ordinance. The commission, having retained that right` hereby
appoints a successor trustee to administer the trust thereby
created. The successor trustee designated by the commission
shall be the board of trustees of the City of Miami General
Employees' and Sanitation Employees' Retirement Trust.
Hereafter, the Miami City General Employees' Retirement Plan
Trust shall be known as the City of Miami General Employees' and
Sanitation Employees' Retirement Trust Fund .but it shall remain
and continue as the same irrevocable trust as set forth in prior
city ordinances.
(2) The board shall be vested with full legal
title to the City of Miami General Employees' and Sanitation
Employees' 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 plan, and all assets what-
soever 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 sole-
ly in the interest of members and beneficiaries of the retirement
plan
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1 0a
(a) for the exclusive purpose of providing
benefits to fltembers and their beneficiaries and defraying reason-
able expenses of administering the retirement plan;
(b) with the care, skill, prudence and dili-
gence 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 cir-
cumstances it is clearly prudent not to do so; and
(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 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 advice 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 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 General Employees' Retirement Plan Trust, together
with such other cash, securities and other property as the board
of trustees may at any time hold or acquire from or on behalf of
the city or members of the retirement plan pursuant to this diva,-
lion, and the accruals thereto,
(2) The board may buy, self, convert, redeems
exchange or otherwise dispose of any property held by it or them
at any public or private sale without notice or advertisement,
for cash or upon credit with or without security, without obli-
gation 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 dispositions 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, associa-
tion 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 to the best interest of the Fund to
exercise.
(C) Investments.
(1) Trust funds may be invested without limitation
in:
(a) Bonds, notes or other obligations of the
United States 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.
(i) Certificates of deposit of any bank
incorporated under the laws of this state or any national bank
organized under the laws of the United States to do business and
situated in this state, to the extent that such savings accounts
are insured with the federal government or an agency thereof, and
if the certiffoate of deposit are secured by the deposit of
securities of the United States government
(b) Not more than ten (10) percent of the Fund may
be invested in any one (1) entity of the categories listed belowt
(i) Common stock, preferred stock and
interest -bearing obligations of 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 that the aggregate investment of the fund in any one (1)
issuing corporation shall not exceed three (3) percent of the
outstanding capital stock of that corporation.
(ii) Notes secured by first mortgages on
real property, insured or guaranteed by the Federal Housing
Administration or the Veterans' Administration.
(iii) Interest -bearing obligations with a
fixed maturity of any corporation within the United States;
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 hereto-
fore mentioned.
(3) Within the limitations of the foregoing_ stand-
ards, 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 shad
retain one or more money managers for the management of property
held in the City of Miami General 4mpl.oyees' and Sanitation
Employees Retirement Trust, and the board shall convey property
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(b) Not more than ten (10) percent of the Fund may
be invested in any one (1) entity of the categories listed below:
( i ) COttMon stock, preferred stock and
intereet-bearing obligations of 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 that the aggregate investment of the fund in any one (1)
issuing corporation shall not exceed three (3) percent of the
outstanding capital stock of that corporation.
(ii) dotes secured by first mortgages on
real property, insured or guaranteed by the Federal Housing
Administration or the Veterans' Administration.
(iii) Interest -bearing obligations with a
fixed maturity of any corporation within the United States;
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 hereto-
fore mentioned.
(3) Within the limitations of the foregoing stand-
ards, 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.
(A) Money manager,
(1) Pursuant to written agreement, the board shall
retain one or more money managers for the 'Management of property
held in the City of Miami General. 9mplQyees' and Sanitation
Employees! Retirement Trust, and the board shall convey property
..72w
100
of the Fund to such honeys fot investment and reinvestment its
accordance with this section,
(a) The board shall establish written guide-
lines and objectives against which the investment performance of
any money manager retained by the board shall be measured. If a
money manager fails to Meet the guidelines and objectives, or
fails to meet its contractual agreement with the board, the money
manager may be terminated by the board, The performance of the
investment portfolio for the retirement plan 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, reinvest-
ment, 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
men 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, con-
sidering 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
mare 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 benefi-
claries of the retirement plan and defraying reasonable expenses
of administering the retirement plan. Any written reqUest to the
money manager(a) from the board shall constitute a certification
W73-
that the distribution so requested is one that the board is
authori2ed to direct► and the Money manager(s) shall not be re-
quired to investigate the application of such money by the board
of 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 pre-
valing 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
shall keep accurate and detailed accounts of all investments,
receipts, disbursements and other transactions hereunder, and all
accounts, books and records relating thereto shall be open to
inspection and audit at all reasonable times by the city, the
retirement board or their designees.
(2) The board shall also keep accurate and
detailed accounts of all investments, receipts, disbursements and
other transactions hereunder, 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.
Sec. 40-230. Contributions.
(A) Member contributions.
(1) Regular contributions of each member of the
retirement plan shall be made each pay period at the rate of ten
(10) percent of each member's earnable compensation. Of that
amount, a sum equal to two ( 2 ) percent of the member s earnable
compensation shall be credited to the COLA fund established by
Section 40.240.
(2) The city shall p.ck=up, rather than deduct
all regular contributions of members, The city shall derive
-74w
2
pick-up amounts from the same source of funds which is used in
compensating members of the retirement plan and shall do so by
reducing the earnable compensation of each member. All pick-up
amounts shall be treated as employer contributions for purposes
of determining tax treatment under the internal Revenue Code of
1954, as amended.
(3) The board shall certify to the appropriate
city authority or officer responsible for making up the payroll
for members of the retirement plan, the proper proportion of each
member's earnable compensation which shall be picked -up each pay
period as well as any additional amounts which shall be deducted
for any member. in determining the amount earnable by a member
in each pay period, the board may consider the rate of annual
compensation payable to such member on the first day of each
period as continuing throughout such period, and the board may
omit pick-up of amounts from earnable compensation for any period
less than a full period. To facilitate pick-up of contributions,
the required contributions may be modified by such an amount as
shall not exceed one -tenth (1/10) of one (1) percent of the
annual earnable compensation which is the basis upon which such
pick-up amount is to be made.
(4) The proper authority or officer responsible
for making up the payroll for members of the retirement plan
shall certify to the board on each payroll, the amounts to be
deducted or picked -up by the City for each member. Such amounts
shall be deducted or picked -up by the city, and when deducted or
picked -up, shall be paid to the retirement plan and credited to
the active membership account for each respective member.
(5) Regular contributions shall be made, notwith-
standing the fact that the minimum compensation provided for by
law for any member shall be reduced thereby. Every member' shall.
be deemed to consent and agree to the pick --up of regular contra.-
butions provided for herein, and payment of compensation less
such contributions shall be a full and complete discharge of all
=75-
claims and demands whatsoever for service rendered during the
period of employment covered by such payment, except as to bene-
fits otherwise provided by this division,
(a) City,contribut,ions.
The city's annual fiscal contribution to the retirement
plan shall provide for the following: (1) noninvestment expenses
of the retirement plan; (2) amortization of the unfunded liabil-
ity of the retirement plan; and ( 3 ) normal costs of the retire --
meat plan.
(1) The city's contribution for noninvestment
expenses of the retirement plan 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 for the unfunded
liability of the retirement plan shall be made in accordance with
Schedule "B" of Attachment "E" of the Final Judgment entered on
May 23, 1985, in the matter of Gates v. City of Miami, Case No.
77-9491, in the Circuit Court for the Eleventh Judicial Circuit
in and for Dade County, Florida, and in accordance with the
following additional provisions:
(a) Any increase in the unfunded liability of
the retirement plan which arises from lawful increases in bene-
fits provided by the city unilaterally shall be amortized in
level annual installments over the shorter of: (1) 30 years from
the beginning of the fiscal year in which the change occurred, or
(2) the period over which such benefit increase is expected to be
paid.
(b) Any increase or decrease in the unfunded
liability of the retirement plan which arises from changes in
actuarial assumptions or changes in benefits resulting from col-
lective bargaining shall be amortized in level annual install-^
ments over a period of 30 years from the beginning of the fiscal
year in which the change occurred,
wy6-
(3) The cityis contribution for normal costs of
the retirment plan in any given fiscal year shall be determined
by applying the actuarially calculated entry age normal cost
percentage rate to the valuation payroll , i.e,, the covered pay -
toll of active members. The normal costs contribution shall be
determined as of October 1 of each year (based on the valuation
payroll and the retirement plan provisions in effect at that
time) for the fiscal year beginning on the subsequent October it
adjusted for interest for one year. The funding method to be
used shall be the Frozen Entry Age Actuarial Cost Method as such
method is defined as of May 23, 1585, by the American Academy of
Actuaries.
The calculation for normal costs shall be performed
separately by actuaries for the city and for the retirement plan
in accordance with the provisions of the foregoing paragraph.
The actuary for the retirement plan shall use actuarial assump-
tions adopted by the board. The actuary for the city may use anv
actuarial assumptions deemed appropriate by that actuary. If the
actuary for the retirement plan and the actuary for the city
agree on the normal costs contribution to be made by the city,
that amount shall be contributed by the city. If the two
actuaries cannot agree on the normal costs contribution, they
shall promptly select an independent third actuary. If they are
unable to agree on a third actuary, one shall be selected by the
American Academy of Actuaries. The third actuary shall, as soon
as practicable, submit to the board and the commission a funding
recommendation utilizing standard acceptable funding techniques
and assumptions. Thereafter, the commission shall fund the
amount recommended by either the actuary for the retirement plan
or for the city, whichever recommendation is closer to the recom-
mendation of the third actuary.
(4) On or before May 15 of each year, the board
shall certify to the city manager:
77
(a) the amount of apptoptiatioh necessary to
pay the normal costs and unfunded liability contributions to the
retirement plan for the next fiscal year, including the amount Of
any benefits payable on account of any predecessor pension or
retirement fundt, and
(b) The amount of appropriation required to
pay the noninvestmeftt expenses of the retirement plan for the
next fiscal year.
(5) on or before May 15 of each year; the director
of finance shall certify to the appropriate fiscal officer of the
Dade County Metropolitan Government, the amount payable by such
Metropolitan Government under the provisions of Act 59203 of the
General Laws of Florida. Such amount shall consist of that
proportion of the appropriation certified by the board pursuant
to paragraph (4) of this subsection as the total earnable
compensation of members who are employees of such Metropolitan
Government bears to the total earnable compensation of all
members. upon receipt of such amount from the Dade County
Metropolitan Government, the director of finance shall cause the
amount received, less that proportion included for noninvestment
expenses, to be paid into the benefit account, and such amount
shall be included in the total appropriation payable by the city
to the retirement plan as required by this section.
(6) All contributions made by the city to the
retirement plan for any given fiscal year shall be made quar-
terly, in equal payments, on the first day of each quarter during.
the fiscal year in question. If the amount of the city's contri-
bution for normal costs has not been determined by the initial
payment date in any given fiscal year, the city shall make
quarterly payments based upon the greater of (a) the prior year's
contribution to normal costs, or (b) the amount shown for that
year in Schedule "B" of Attachment 11911 of the Final Judgment
M
be contributed differs from the amount previously paid, a
cotresponding adjustment shall be made in full on the next
quarterly payment date
See. 40-231, Accounta.
(A) Membership_ account.
(1) The membership account shall be credited with
the accumulated contributions of each member of the retirement
plan and the accumulated contributions of each member absent from
service.
(2) Accumulated contributions withdrawn by a mem-
ber 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 trans -
(erred 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 plan, all
interest and dividends earned on the funds of the retirement plan
(except as provided in paragraph (2) of this subsection), and all
reserves for payment of retirement plan benefits.
(2) On January 1 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 inter-
est" 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 plan
for the preceding years and the probable earnings of the plan in
the future, Such rate shall be limited to a minimum of three (3)
petceftt and a MaXII MUM of four ( 4 ) percent
(3) All expenses of the retirement plan shall be
chargeable to the benefit account. such expenses include► but
are not limited tot the following:
(a) All retirement benefits paid to benefic-
iaries of the Miami City General Employees' Retirement plan and
to beneficiaries of the City of Miami General Employees' and
Sanitation Employees' Retirement Trust; and
(b) All retirement allowances paid to persons
who did not become members of the Miami City General Employees'
Retirement plan but who retired under the provisions of a
predecessor pension or retirement fund.
Sec. 40-232. Physical examination required;
effect of preemployment disability.
(A) An employee must submit to an employment physical
examination by the city physician or some other physician author-
ized by the board before such employee may be accepted as a
member of the retirement plan.
(B) Upon commencement of active membership in the re-
tirement plan, 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 retire-
ment 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 notwithstand-
ing the preemployment disability,
Sec. 40-233. Membership.
(A) The membership of the retirement plan shall include
all employees, and any member who is absent from service less
than (2) years in a period of rive (5) consecutive years after
W004W
i
last becoming a member and who has not withdrawn his or her
accumulated contributions. The active membership of the retire
anent plan shall include all employees but shall not include any
member absent from service.
(t) With the exception of persons eligible to decline
membership in the retirement plan pursuant to Section 40-234 of
this Code, participation in the retirement plan 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 permitted by
Section 40-234 is made.
(C) Should any member in any period of five (5) conse-
cutive years after last becoming a member be absent from service
more than three (3) years, or should any member withdraw accu-
mulated 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 plan. When membership
ceases, any service previously creditable to an employee shall
become void, and should the employee again become a member, he or
she shall enter the retirement plan as a new member without
credit for previous service.
(D) Upon request by the board, the city manager shall
submit to the board a statement showing the name, title, compen-
sation, 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 plan.
Section 40-23+4. Right of certain persons to reject membership.
(A) Those persons employed in the following position,$
shQ i have the r,cht to reject membership in the retirement plan
or in the City of Miami Fire Fighters' and Police officers'
Retirement Trust ("retirement system") within one (1) year from
■
their respective coWnencements 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#
deputy city attorney, assistant city clerk, executive secretary
of the civil service board, executive secretary of the planning
and zoning board, city physicians director of a department estab-
lished by the charter of the city or by ordinance as authorized
by such charter, assistant director of a department, community
affairs director, assistant community affairs director, labor
relations coordinator, assistant labor relations coordinator,
assistant to the city manager III, assistant to the city manager
II.
The conditions upon which membership in the retirement
plan or 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 plan or the retirement system and wherein provision is
made for the city to contribute monies 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
plan or 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 plan or the retirement system, and such contri-
buticn 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.
n
(2) Subitission to the commmmissioh of any additional
written trust agreement executed by the trustees of the public
trust fund designated in paragraph (l) above, which agreement
Must also be approved by the commission, wherein the city is
authori2ed to transfer the contributions both of the employee and
the city to such public trust fund and wherein provision is made
that at no time shall any employee hereunder enjoy actual or
constructive receipt of his or her contribution, or those contri-
butions made by the city on his or her behalf prior to reaching
age fifty-five (55) or becoming disabled:
(a) Such additional agreement shall provide
that all contributions deposited in the public trust fund at any
time with any earnings thereon remain assets of the city at all
times, subject to its absolute dominion, control and right of
withdrawal.
(b) Neither the employee nor his or her
beneficiary shall have any interest or claim, by way of trust,
escrow, annuity or otherwise in and to the specific monies and
assets deposited in the public trust fund; neither shall they be
entitled to commute, encumber, sell or otherwise dispose of the
employee's right to receive benefits provided by the agreement.
(3) 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 plan or the
retirement system.
(B) In addition to the election provided in Section 40- I
234(A), the person employed as city manager shall also be
entitled to reject membership in the retirement plan pursuant to ,
the following provisions;
4
s
(1) Within thirty (30) days from commencement of
employment as city manager, the person employed as city manager
may reject membership in the retirement plan.
(2) If plan membership is rejected in writing by
the citymanager within the time the
� period .set forth above.
following shall be done:
IM83-
s
(a) A separate account entitled "city
Manager's Retirement Benefits Account" shall be established by
the finance department. Such account shall contain deposits
separately identified as the city's contributions and the city
manager's contributions.
(b) The regular contributions of the city
manager to the City Manager's Retirement Benefits Account shall
be picked -up by the city from the earnable compensation of the
city manager at the same rate as regular contributions are
picked --up from the earnable compensation of members of the
retirement plan.
(c) The contributions of the city to the City
Manager's Retirement Benefits Account shall be that amount which
would have been contributed by the city if the city manager were
a member of the retirement plan.
(d) All monies held in the City Manager's
Retirement Benefits Account shall bear interest at the rate of
four ( 4 ) percent per annum, compounded in a manner identical to
the method employed under the retirement plan.
(3) If plan membership is rejected in writing by
the city manager and the city manager terminates employment with
the city prior to completion of five (5) years' employment, all
monies contributed by the city manager to the City Manager's
Retirement Benefits Account, plus accrued interest thereon, shall
be returned to him or her.
(4) If plan membership is rejected in writing by
the city manager within the time period set forth above, and the
city manager terminates employment with the city after a minimum
of five (5) but less than ten (10) years of employment, he or she
may designate a public trust fund to which all monies in the City
Manager's Retirement Benefits Account, plus accrued interest
thereon, shall be transferred within twenty (20) days .from such
designation.
1
S
(5) After having completed ten (10) consecutive
years of employment in the position of city manager, the City
manager shall have the right to become a member of the retirement
plan, notwithstanding rejection of membership as may have
occurred at the commencement of his or her employment.
(a) in the event the city manager eXercises
the right to become a member of the retirement plan, the director
of finance shall transfer all monies in the City Manager's
Retirement Benefits Account to the appropriate retirement plan
accounts.
(b) Upon commencement of membership in the
retirement plan, the city manager shall enjoy all rights,
privileges and benefits enjoyed by members of the retirement
plan.
(6) If the city manager, after having become a
member of the retirement plan upon completion of ten (10) years'
employment as city manager, thereafter ceases to be an employee
for any reason other than death or willful misconduct in office,
he or she may, any provision in this plan to the contrary not-
withstanding, elect to continue as a member not in service and
retire upon attainment of normal retirement age.
(a) Upon attainment of normal retirement age,
the city 'manager shall be entitled to receive a retirement
allowance equal to two (2) percent of the city manager's final
earnable compensation multiplied by years of creditable service,
which amount shall be paid yearly in monthly installments.
(b) Creditable service for the city manager
shall be calculated from his or her commencement of employment as
city manager until termination as an employee.
Sec. 40-235. Transfer of city employees to
retirement plan.
(A) Any person employed by the city as a dire fighter
or police officer, who is reclassified And appQ need to a pQs .-
tiQn other than fire fighter or police officer and who., prior to
1 00, 0
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such appointment, was a member of the City of Miami Fire Fight -
Ors' and Police Officers' Retirement gust ("retirement systefn11),
shall have membership transferred to the retirement plan, effec-
tive the date of such appointment, Creditable service earned as
a member of the retirement system shall be deemed creditable
service in the retirement plan upon such transfer.
(B) Commencing on the effective date of transfer to the
retirement plan, a member who has transferred from the retirement
system shall make regular contributions at the rate required by
the retirement plan. Accumulated contributions credited in the
retirement system to the account of such member shall be trans-
ferred to the membership account of the retirement plan and
credited to the member thereunder. There shall also be
transferred from the benefit account of the retirement system to
the benefit account of the retirement plan, the amount of assets,
as. determined by actuarial valuation, held by the retirement
system for any system member who transfers membership to the
retirement plan.
(C) If any member of the retirement plan has trans-
ferred from the retirement system and his or her contributions
pursuant to membership in the retirement system cause accumulated
contributions at the member's normal retirement age to exceed the
amount such accumulated contributions would have been had the
member been a member of the retirement plan during his or her
entire period of service with the city, such member shall be !'
entitled to the return of the excess contributions upon retire-
ment or shall have his or her retirement allowance increased by
the actuarial equivalent of the amount by which his or her con-
tributions exceed the full amount which would have been the
member's accumulated contributions had he or she been a member of
the retirement plan during his or her entire period of service
with the city,
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Sec. 40-236. Creditable service.
(A) Pot any member of the retitement plan, 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 Ceneral employees' Retirement plan or as a Member
of the Miami City Employees' Retirement System shall be deemed
creditable service under the City of Miami General employees' and
Sanitation Employees' Retirement Trust to the extent such service
remained credited to a member on May 23, 1985.
(8) The accrual of continuous creditable service shall
be tolled but not broken by any period of time during which a
member is in non -pay status, or during any period in which a
member is on involuntary layoff not to exceed eighteen (18)
months.
(C) 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 for membership service for any period of more than one (1)
month duration 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.
Section 40-237. Dismissal for willful.misconduct.
(A) Notwithstanding any provision in this division to
the contrary, upon a member's dismissal from employment for
willful misconduct associated with the duties or responsibilities
of his or her employment with the city, the following skull
apply;
(1) All ownership rights, titles and interests in
such member's accumulated contributions skull immediately vest in
the employee; and
(2) The dismissed member shall no longer be
entitled to receive any benefit whatsoever under the retirement
plan,
(8) Should dismissal of an employee for willful
misconduct associated with the duties and responsibilities of his
or her employment with the city be reversed by the city manager
or by a court of final jurisdiction, the former employee, if he
or she again becomes a member, may elect to reconvey all
ownership rights, titles, and interests in his or her accumulated
contributions to the retirement plan and may elect to pay back
for time during which the member Was dismissed. Payments made to
the retirement plan pursuant to this paragraph shall be made in
such manner as the board shall prescribe.
Section 40-238. Paybacks for membership credit.
Members shall have the right to receive membership
credit in the retirement plan 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 plan .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 credit-
able 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 contribu-
tions 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 ap-
proval of the board, pay back an amount equal to the total amount
of accumulated contributions previously withdrawn, together with
regular interest thereon.
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(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 Section 40=228(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 shall be based upon the member's current
earnable compensation and the current contribution rate, exclud-
ing interest.
(3) If a former member of the retirement plan 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 with-
drawn accumulated contributions to the retirement plan 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) An 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 this subsection must be
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10.
Completed within five (5) years of notification to the McMber of
the amount to be paid back,
( 6 ) Upon timely payment in full of a payback per-
mitted by this subsections and following a period of five (5)
Years of active membership subsequent to a member's date of res-
torations 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 nets a member
Shall receive credit for previous service but his or her disa-
bility benefit 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 com-
plete a payback within the required time (except as otherwise
provided in paragraph (6) above), shall be considered a new
member for all purposes of the retirement plan 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 continuous service as a non-member.
(1) Any probationary, temporary or permanent
employee who is now a member of this plan and who has been in
continuous service since becoming a city employee may elect to
pay back for prior continuous service as a non-member up to a
maximum of four (4) years. If such election is made, membership
credit received for such prior continuous service shall not be
applied toward the creditable service requirement for ordinary F
disability retirement, Further, any in -line -of -duty injury such
as would be required to receive accidental disability benefits
must occur after the completion of said payback. Should any
probationary, temporary or permanent employee 'elect to pay back
under- this subsection, said payback sham be based upon the
member's current earnable compensation and the current con-
tribution rater excluding interest.
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(2) An election permitted by this subsection must
be rude 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.
(3) Contributions made by a member pursuant to
this subsection may be made either by a single lump -suits payment
or by a series of periodic payments mutually agreed upon by the
member and the board, including periodic deductions from the
nember's compensation. Regardless of the manner of payments any
payback of contributions pursuant to this subsection must be
completed within five (5) years of notification to the member of
the amount to be paid back.
(C) Credit for previous employment for cer-
tain laborers, watchmen or custodial
workers.
(1) Any member who was employed by the city as a
laborer, watchman or custodial worker between April 1, 1955, and
September 1, 1962, 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 in writ-
ing with the board on or before May 31, 1977, which claim shall
state all employment with the city between April 1, 1955, and
September 1, 1962, as well as such other facts as the board may
require for the proper determination of membership credit claimed
pursuant to this paragraph; and
(b) The member, prior to retirement or depar-
ture from city employment, pays the retirement plan contributions
for the membershipcredit 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,
Contributions made by a member 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
3
AIL
deductions from the Member's compensation, Regardless of the
manner of paymentp an amount to be contributed pursuant to this
subsection rust be paid to the retirement system within five (5)
years of notification to the member of the amount to be contrib-
uted.
(2) All members eligible to claim membership
dredit for employment with the city as a laborer, watchman or
custodial worker between April 1, 1955, and September 1, 1962,
shall receive written notice of such eligibility, and any member
not electing to claim such credit shall execute, on the face of
the eligibility notice, a waiver thereof with such execution
being witnessed by the member's supervisor. All such executed
waivers shall' be filed with the board. After May 31, 1977, such
executed waivers will be final and irrevocable.
(3) Any member who was employed by the city prior
to April 1, 1955, as a laborer, watchman or custodial worker and
who did not participate in the Miami City General Employees'
Retirement Plan prior to that date, may elect to receive
membership credit for such service. Any member who was employed
by the city as a laborer, watchman or custodial worker, who
became eligible to join the Miami City General Employees'
Retirement Plan on September 1, 1962, and whose membership in
that plan was delayed due to the administrative processes of the
city, may elect to receive membership credit for service from
September 1, 1962, until such application was processed and
membership commenced, If either of the foregoing elections is
made, membership credit received for such prior service shall not
be applied toward the creditable service requirement for ordinary
disability retirement. Further, any in -line -of -duty injury such
as would be required to receive accidental disability benefits
must occur after the completion of said payback.
(a) Should any member elect to receive
membership credit pursuant to this paragraph, said payback, shall
be based upon the member's then earnable compensation and the
Mq2-
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than contribution rate of the member's group and class, together
with accumulated interest at the rate of four (4) percent.
(b) Notice of intent to pay back pursuant to
this paragraph shall be filed in writing with the board on or
before November 12, 1993.
(0) Credit for military service,
(1) Notwithstanding any provision in this division
to the contrary, any employee who was a member of the Miami City
Employees' Retirement System or the Miami General Employees'
Retirement Plan 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 his or her membership in the retirement plan regardless of
the length of the period of absence. Any member of the retire-
ment plan who qualifies as hereinabove set forth may, by contri-
buting the amount he or she would have contributed had he or she
remained in service for the period of time absent, receive mem-
bership credit for the time spent in military service. Payments
made to the retirement plan pursuant to this paragraph shall be
made in such manner as the board shall prescribe.
(2) Any member who has served on active military
duty but is ineligible to claim credit for such service under
Section 40-238(D)(1) 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 the board such proof of wartime service as
the boardr in its sole discretionr shall determine to be suffi-
cient;
theta contribution rate of the member's group and class, togother
With accumulated intetest at the rate of four (4) percent,
(b) Notice of intent to pay back pursuant to
this paragraph shall be filed in writing with the board on or
before November 12, 1993.
(b) Credit_ for military -service.
(1) Notwithstanding any provision in this division
to the contrary, any employee who was a member of the Miami city
Employees' Retirement system or the Miami General Employees'
Retirement Plan 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 his or her membership in the retirement plan regardless of
the length of the period of absence. Any member of the retire-
ment plan who qualifies as hereinabove set forth may, by contri-
buting the amount he or she would have contributed had he or she
remained in service for the period of time absent, receive mem-
bership credit for the time spent in military service. Payments
made to the retirement plan pursuant to this paragraph shall be
made in such manner as the board shall prescribe.
(2) Any member who has served on active military
duty but is ineligible to claim credit for such service under
Section 40-238(D)(1) 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 the board such proof of wartime service as
the board, in its sole discretion, shall determine to be suffi-
-
(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 by filing the prescribed election form with 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 plan contributions for such military service.
Such contributions shall be computed at the present contribution
rate times the member's first year of earnable compensation sub-
sequent to July 1, 1945, for which creditable service has been
earned under the retirement plan, 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 theboard, 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 disa-
bility benefit shall be reduced by the actuarial equivalent of
the unpaid portion of the amount to be paid back,
(9) Credit for maternity leave.
(1) Any member who take an unpaid leave of
absence for maternity or medical purposes may apply to the board
a94-
for membership credit for the time the Member was on such unpaid
leave of absehce up to a Maximum of one hundred and eighty (180)
days; provided# that if the city, at its sole discretion, does
not provide light duty etiployment to the member, the period of
absence for which membership credit is available may be extended
to two hundred and forty (240) days or a proportion thereof if
some light duty work is offered by the city.
(2) An election to pay back for membership credit
pursuant to this subsection shall be available for thirty (30)
days after notification to the member by the board that such
payback is available. The pension administrator shall ensure
that such notification is made within fifteen (15) days of a
member's return to work.
(3) A payback pursuant to this subsection must
commence within thirty (30) days of the member's notification to
the board of his or her decision to pay back for unpaid leave
time for maternity or medical purposes. Contributions made by a
member for such membership credit may be made either by a single
lump -sum payment or by a series of equal installment payments
which may be deducted from the member's compensation. Regardless
of the manner of payment, any payback of contributions pursuant
to this subsection must be. completed within one (1) year.
Failure to meet the foregoing qualifications waives any and all
future claims by the member for membership credit for unpaid
leave time for maternity or medical purposes.
(F) Credit for disability retirement upon
restoration of beneficiary to service.
Any member, having been restored to membership subse-
quent 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 as a member during such period of retirement,
-"95-
which payments shall be made in such manner as shall be pre-
scribed by the board.
See. 40-239. Benefits.
(A) Service._ retirement.
(1) Any member in service who has ten (10) or more
years of continuous creditable service may elect to retire upon
the attainment of normal retirement age. Any member in service
who belonged to the Miami City General. Employees` Retirement Plan
and who had three (3) or more years of creditable service and was
at least fifty-five (55) years of age on May 23, 1985 may elect
to retire at any time. An election to retire pursuant to this
subsection 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
fifty-five (55) 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 plan in all respects. Retirement shall be com-
pulsory at age seventy (70) for members in service; provided,
that on recommendation of a member's department head and approval
by the civil service board after review of the member's record,
physical condition and ability to perform his or her duties, the
commission may permit a member who has attained age seventy (70)
to continue in service for periods not in excess of two (2) years
at a time.
(3) Upon service retirement, a member shall be
entitled to receive a retirement allowance equal to two (2) per-
cent of the member's average final compensation multiplied by
years of creditable service, which amount shall be paid yearly in
monthly installments,
(4) A mttnber in service who is entitled to receive
the retirement allowance set forth in paragraph (3) of this
subsection, shall also be entitled to elect one of the following
three longevity supplements provided he Or she qualifies as set
forth below:
(a) Any eligible member in service who was a
member of the retirement plan prior to October 1, 1514, may elect
to receive a longevity supplement equal to an additional ten (10)
percent of average final compensation if the member shall have
completed, since last becoming a member, fifteen (15) years of
continuous credited service at the time of his or her retirement,
(b) Any eligible member in service who was a
member of the retirement plan prior to October 1, 1974, and who
qualifies for a longevity supplement pursuant to Section 40--
239(A)(4)(a), may elect to receive his or her retirement
. allowance at a rate of two and one-half (2-1/2) percent of the
member's average final compensation multiplied by years of
creditable service.
(c) Any eligible member in service may elect
to receive an additional one -tenth (1/10) of one (1) percent of
the member's average final compensation for each full calendar
year after the sum of the member's age and service exceeds
seventy-five (75), up to a maximum credit of three (3) percent
per year of service. In calculating the member's age and service
for the additional one -tenth (1/10) of one (1) percent, the
amount of service shall not exceed twenty (20) years in the
computation. However, if the number of years of service needed
to total seventy-five (75) when added to the member's age is less
than twenty (20), that number of years of service shall be the
maximum years -of -service number used in the formula to provide
the one -tenth (1/10) of one (1) percent per year benefit.
(S) A member eligible for service retirement may
choose any one of the optional allowances available to him or her
on the date of retirement{ as provided in Section 40-239 (L) .
W97-
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(S) i qA g, of 75 retirement.
(1) Any tmtmber in service who was employed active
by the city before May 16, 1584, and who did not withdraw from
active membership in the retirement plan prior to May 21, 1085,
may elect service retirement on the basis of his or her combined
age and creditable service equalling seventy-five (75). Such
election shall be made upon written application to the board,
setting forth not less than ten (10) days nor more than ninety
(50) days subsequent to the execution and filing thereof, the
date the member desires to be retired.
(2) upon Rule of 75 retirement, a member shall be
entitled to receive a retirement allowance equal to two (2) per-
cent of the member's average final compensation multiplied by
years of creditable service, which amount shall be paid yearly in
equal monthly installments. A member eligible for Rule of 75
retirement shall also be entitled to receive longevity supple-
ments pursuant to the provisions of Section 40-239(A)(4).
(3) A member eligible for Rule of 75 retirement
may choose any of the optional allowances available to him or her
on the date of retirement, as provided in Section 40-239(L).
(C) Early service retirement.
(1) Any member in service who has twenty (20) or
more years of creditable service may elect to retire on a retire-
ment 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) days 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 of the optional allowances available to him or
hWr on the date of retirement, as vrov.ided in Section 4o-m ou;).
(A) Vested ,right to retirement,
-98-
01
(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 the subsequent attainment
of normal retirement age, provided!
( a ) That when -the member ceases to be a city
employee, the member has completed ten (io) years of creditable
service; and further provided
(b) That the member does not withdraw his or
her accumulated contributions.
(2) Upon attainment of normal retirement age, a
member not in service shall be entitled to receive a retirement
allowance equal to two (2) 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 not in service who has attained normal
retirement age shall also be entitled to elect the longevity
supplement set forth in Section 40-239(A)(4)(a), provided that
the membership service of such member was continuous and for a
period of twenty-five (25) years or more, and further provided
that the member was a member of the retirement plan prior to
October 1, 1974.
(3) If a member who elects a to become a member
not in service subsequently elects to withdraw his or her accumu-
lated 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 re-
tirement, his or her beneficiary shall be paid the, amount of his
or her accumulated contributions at the time he or she ceased is
be an employee, excluding all amounts picked -pup from the member's
149
ski
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 retire-
ment 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 plan on the date employment recommences
and shall snake regular contributions to the retirement plan at
the rate required by Section 40-230(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 susequent employment and, in
addition, shall be entitled to receive a retirement benefit for
his or her prior employment in accordance with paragraph (2)
above.
(E) 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; pro-
vided, that the physician retained by the board after a medical
examination of such member, shall certify that such a 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 (F) of this section,
that such incapacity is likely to be permanent, and that such
member should be retired.
(2) Upon retirement for ordinary disability, a
member shall be entitled to receive a retirement allowance equal
to two (2) 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, pro-
vided such retirement allowance exceeds thirty (30) percent of
the member's average final compensation; otherwise, a retirement
allowance equal to two (2) percent of ninety (90) percent of the
member's average final compensation, multiplied by the number of
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Years which would be creditable to the member were the member's
service to continue until the attainment of the member's normal
retirement age, provided further that the resulting retirement
allowance shall not exceed thirty (30) percent of the member's
average final compensation,
(3) A member entitled to receive an ordinary dig -
ability retirement allowance shall not be eligible for a return
of contributions as provided in Section 40-239(1), nor for
optional allowances as provided in Section 40-239(L).
(F) Accidental or service -incurred
disability retirement.
(1) Any member in service who, prior to attaining
the age of fifty-five (55), had 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, may be retired by the board for
accidental disability; provided that:
(a) Such incapacity for duty has been total,
permanent and continuous from a time prior to the member
attaining normal retirement age;
(b) The physician retained by the board,
after a medical examination of such member, shall certify in
writing that such member is mentally or physically totally and
permanently incapacitated for further performance of duty in the
service of the city in accordance with the definition of total
incapacity for duty;
(c) The board shall concur with the report of
the physician retained 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 until the member reaches normal retirement age,
(2) Upon retirement for accidental disability, a
member shall be entitled to receive a Pension which shall be
1
member's average final Compensation or sixty-six and two-thirds
(66 2/3) percent of the earnable compensation received by the
member during the year immediately preceding the member's death,
whichever is greater.
(3) A member entitled to receive an accidental
retirement allowance shall not be eligible for a return of
contributions as provided in Section 40-239(I), nor for optional
allowances as provided in Section 40-239(L).
(4) Upon the death of any member who has received
an accidental disability retirement, the spouse of said member
who was nominated and designated by the member on the date of
retirement as said member's spouse 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.
(5) Any member in service who is not eligible for
a service retirement allowance and who becomes totally and perma-
nently incapacitated for duty as the result of a condition or
impairment of health caused by tuberculosis, hypertension or
heart disease, which condition is not shown to be the result of
any accident or condition of employment so as to qualify under
paragraph (1) of this subsection, which shall be presumed to have
been incurred in the line of duty, unless a physical examination
upon entering service revealed that such condition existed at
that time, may be retired by the board for service -incurred
disability; provided, that the physician retained by the board,
after a medical examination of such member, shall certify that
such member is totally incapacitated for further performance of
duty in accordance with the definition of "total incapacity for
duty" as defined in this subsection.
(a) Upon retirement for service -incurred
disability, a member shall be entitled to receive a retirement
allowance equal to two (2) percent of ninety (90) percent of the
member's average final compensation, multiplied by years of
creditable service, provided such retirement allowance exceeds
forty (40) percent of the member's average final compensation;
otherwise, a retirement allowance equal to two (2) percent of
ninety (90) percent of the member's average final compensationk
multiplied by the number of years which would be creditable to
the member were the member's service to continue until the
attainment of normal retirement age, provided further that the
resulting retirement allowance shall not exceed forty (40)
percent of the member's average final compensation.
(b) A member entitled to receive a service -
incurred retirement allowance shall not be eligible for a return
of contributions as provided in Section 40--239(1), nor for
optional allowances as provided in Section 40-239(L).
(6) A member may be considered to be totally
incapacitated for duty, for purposes of this section, when he or
she is totally unable to engage in any useful or valuable service
within the city due to a physical or mental impairment which is
the natural and proximate result of an accident which occurred
while in the actual performance of duty; provided, however, that
said accident was without gross negligence on the part of the
member. Any employee who engages in useful service with the
city, by virtue of this section, shall be compensated at the
present rate paid at the classification held at the time of
injury, provided the new classification pays at a lesser scale.
(7) 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.
(G) 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 acci-
dent in the actual performance of duty as defined in subsection
(H) of this section, there shall be paid to such person, if any,
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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 earhable compensation received by the
member during the year immediately preceding the member's death.
(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 75 retirement benefits but
has not retired dies, the member shall be considered to have been
retired on the date of death, In such event, the member's spouse
shall have the option of receiving the sum of the member's accu-
mulated contributions together with interest from the date of the
member's death to the date of payment or, if not exercising such
option, the spouse shall receive:
(a) Payment of forty (40) percent of the
member's monthly retirement allowance which would have been pay-
able to the member if he or she had attained normal retirement
age, said allowance being payable without actuarial reduction for
the difference in age, should such difference exist;
(b) Payment of a retirement allowance equal
to one (1) percent of average final compensation for each year of
service or fraction thereof that such member served as city mana-
ger, assistant city manager, city clerk, assistant city clerk,
executive secretary of the civil service board, city physician,
city attorney, assistant director of the department of law or as
director or assistant director of a department established by the
charter of the city or by ordinance as authorized by such.char-
ter, provided that the member shall have served in any of such
capacities for a total combined period of not less than three (3)
years prior to May 23, 1985; subject, however, for purposes of
this paragraph► to a maximum of ten (10) years' service;
(c) Payment of a retirement allowance equal
to an additional ten (10) percent of the member's average final
compensation if such member shall have qualified for such adds.-
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rim
tional benefit as set forth in Section 40, M (A)(4)(a)►
the payments under (a)► (b)o and (c) to continue only for to long
as the surviving spouse remains unmarried►
(3) if a retired member dies prior to having re-
ceived 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.
(H) Accidental death benefit.
If, upon receipt by the board of proper proofs of
the death of any 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, the board shall decide that the death 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 child-
ren under such age, if he or she leaves children, divided in such
manner as the board in its discretion shall determine, to con-
tinue as a joint and survivorship pension for the benefit of the
children under such ache until every child dies or attains such
age; or if there be no .spouse or children under the age of eigh-
0(
,y
teen (18) years living at the death of such mettber, than to hla
or her dependent father or dependent mother, as the board in its
diacretibn shall directr 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.
(1) 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 contri-
butions, with the following exceptions:
(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 40-239(L) or is entitled to a
return of excess contributions as a result of membership in the
Miami General Employees' Retirement Plan as set forth in Section
40-241(A).
(2) In the event of the death of any member, there
shall be no return of the member's accumulated contributions
unless a member died in service. In such event, the 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 repre-
sentative. The return of accumulated contributions pursuant to
the provisions of this paragraph shall not be construed as fore-
closing the right of any person to an ordinary death benefit or
an accidental death benefit as hereinabove set forth.
(J) Limitation of disability benefits, -
reexamination of beneficiaries retired on
account of disability.
(1.) During the period of retirement on a disabil-
ity retirement allowance prior to mandatory retirement age, a
disability beneficiary's annual earnings from employment shall
not exceed an amount which, when added to the disability retiree
ment allowance received, would result in a combined income of one
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0
teen (18) years livih9 at the death of such member, 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,
(1) 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 contri-
butions, with the following exceptions!
(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 40-239(L) or is entitled to a
return of excess contributions as a result of membership in the
Miami General Employees' Retirement Plan as set forth in Section
40-241(A).
(2) In the event of the death bf any member, there
shall be no return of the member's accumulated contributions
unless a member died in service. In such event, the 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 repre-
sentative. The return of accumulated contributions pursuant to
the provisions of this paragraph shall not be construed as fore-
closing the right of any person to an ordinary death benefit or
an accidental death benefit as hereinabove set forth.
(J)Limitation of disability benefits;
reexamination of beneficiaries retired on
account of disability.
(1) During the period of retirement on a disabil-
ity retirement allowance prior to mandator retiremant a e
disability beneficiary's annual earnings from employment shall
not exceed an amount which, when added to the disability retire-
ment allowance received, would result in s combined income of one
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1
hundred (100) percent of the maximum current salary for the
classification from which the beneficiary was retired. if the
beneficiary's annual earnings are in emcess of one hundred (100)
percent► as computed above, payments of the disability retirement
allowance shall be reduced by an amount by which the combined
income exceeds the maximum permissible amount. The beneficiary
shall, at the time of disability retirement, before any benefits
are paid to him or her, and annually before May 1 of each year,
furnish to the board a copy of his or her federal income tax
return for the prior year and any other information which the
board may require. When the disability beneficiary's combined
income exceeds the maximum permissible amount determined on the
basis of the maximum salary as of January 1 of the prior year for
the classification from which he or she was retired, future disa-
bility retirement allowance payments shall be withheld until the
total sum withheld equals the amount by which the beneficiary's
combined income for the prior year exceeded the maximum permis-
sible amount. There shall be no restrictions on the amount of
earnings a beneficiary may receive once he or she has reached
mandatory retirement age.
(2) Any disability beneficiary who is receiving a
disability retirement allowance shall be subject, prior to manda-
tory retirement age, to examination by a physician or physicians
upon request by the board; provided, that any such beneficiary
shall be evaluated by the physician employed by the city at least
once every five (5) years. Following such examination, the
physician or physicians shall report to the board as to the con-
tinuance of the former member's total and permanent incapacity
for duty, In the event that such disability shall not continue
to incapacitate the disability beneficiary for service acceptable
to the city, in accordance with requirements of the civil service
rules and regulations, the city manager may require that that
such -disability beneficiary be returned to employment with the
city at a classification in accordance with his or her abilities
00
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and impairment; provided, that if the disability beneficiary
returns to a classification with a lesser pay scale than the one
held at the time of injury, he or she shall be compensated at the
present rate paid at the classification held at the time of
injury.
(3) if any beneficiary in receipt of a disability
retirement allowance is found by the board, prior to mandatory
retirement age, to be no longer incapacitated but is not restored
to service as a member because of his or her own refusal to
accept employment offered in accordance with the foregoing
paragraph, his or her disability retirement allowance shall be
terminated, and he or she shall have the right to elect whatever
retirement benefits he or she may be entitled to receive.
(K) 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 benefi-
ciary shall cease, he or she shall again become a member of the
retirement plan and regular contributions shall resume at the
rate required by the retirement plan; 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 received upon retirement.
(2) If a beneficiary is restored to member-
ship 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
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and impairment; provided, that if the disability beneficiary
returns to a classification with a lesser pay scale than the one
held at the tine of injury, he or she shall be compensated at the
present rate paid at the classification held at the time of
injury.
(1) if any beneficiary in receipt of a disability
retirement allowance is found by the board, prior to mandatary
retirement age, to be no longer incapacitated but is not restored
to service as a member because of his or her own refusal to
accept employment offered in accordance with the foregoing
paragraph, his or her disability retirement allowance shall be
terminated, and he or she shall have the right to elect whatever
retirement benefits he or she may be entitled to receive.
(K) 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 benefi-
ciary shall cease, he or she shall again become a member of the
retirement plan and regular contributions shall resume at the
rate required by the retirement plan; 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 received upon retirement.
(2) if a beneficiary is restored to member-
ship 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 additaon► the former beneficiary
,,108W
Ock
shall receive the retirement allowance which he or she was
receiving iM.Mediately prior to 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.
(W Optional allowances.
(1) Any member may elect to receive in lieu of the
retirement allowance otherwise payable to him or her, the actu-
arial 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 ser-
vice 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 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 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 personas the member
shall have nominated by written designation duly executed and
filed With the board at the time of retirement; or
Opt o A Upon the member's death, Some other benefit
shall be payable; provided that the total value of the allowance
during the member's life and the succeeding benefit shall be com-
puted to be Of equivalent actuarial value to the allowance which
he or she would receive without optional modification; and pro-
videdt that the benefit shall be approved by the board,, or
Option 5: If, as a result of an accidental injury
incurred in 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 require-
ment 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 75 retirement may elect to receive benefits in one (1) of
the following three (3) forms, in lieu of the retirement allow-
ance otherwise payable to the member:
(a) Such member may elect to withdraw the sum
of his or her accumulated contributions credited as of the mem-
ber'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 addi-
tional 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
1,0 0,
Ook
nominated and designated by hill or her at the time of retiteflent,
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 his or
her 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 com-
puted 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 here-
in 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.
(M) Changes in beneficiary after retirement.
Any member who elects option 6(c)'pursuant to Section
40-239(L), may designate a new spousal beneficiary in accordance
with procedures established by the -board; provided, that an
actuarial valuation will be made following such election, and the
benefit for the retiree will be recalculated so that it is the
actuarial equivalent of the benefit payable to the original
spouse; provided, further, that the original spouse must be alive
at the time of the change in designated beneficiary, and he or
she must not be entitled to any survivor benefit under the
retirement plan by operation of law. -It is intended that the
city will pay only one survivor benefit for any member of the
retirement plan and will not incur an increase in benefit costs
by reason of a change in designated beneficiary.
(N) Pension offset by compensation benefit.
Any periodic or lump sum amounts which may be paid or
payable under the provisions of any state workers' compensation
or similar law to a member or to the dependents of a member can
I
account of any disability or death shall be offset against and
payable in lieu Of any benefits payable out of funds provided by
the city under the provisions of the retirement plan on account
of the saute disability or heath.
Sec. 40-240. Chat-of_-liying llowarnce.
(A) A COLA Fund shall be established for beneficiaries
of the retirement plan to be financed as follows!
(1) As set forth in Section 40=230(A)(1) two (2)
percent of the earnable compensation of each member shall be
picked -up each pay period by the city and credited to the COLA
fund.
(2) The city shall contribute to the COLA fund an
amount equal to one (1) percent of the total payroll of all
members per fiscal year, to the extent such an amount is avail-
able from excess interest earnings determined on an accumulated
basis from October 1, 1982, to the beginnning of the year of
determination, reduced by any COLA transfer in prior years. The
city's contribution shall be calculated after the close of the
fiscal year, and the transfer of assets from trust funds of the
retirement plan to the COLA fund shall be made in timely
fashion. City contributions to the COLA fund pursuant to the
provisions of this paragraph shall be mandatory for three and
one-half years only, beginning October 1, 1983.
(B) Any contributions to the retirement plan which
are credited to COLA fund on behalf of any member in accordance
with Section 40-230(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
fund.
(C) All other matters regarding the COLA fund
shall be determined by negotiations between the city, the board,
and the bargaining representatives of AFSCMZ and the SEA,
provided that in determining the disbursement of. COLA funds to
beneficiaries, pricrity shall be given to beneficiariee who
�112�
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currently teoeive comparatively smaller monthly benefits due to
the length of time they have been retired, except to the extent
their smaller benefits are the result of their prior receipt of
luMp SUM benefit(s).
Sec. 40-241. MJ4 tMents,in.benefits.
Members who belonged to the Miami City General Employ=
ees' Retirement Plan shall continue to be subject to the follow-
ing adjustments in benefits:
(A) To the extent any member who belonged to the Miami
City General Employees' Retirement Plan made contributions to
that plan above or below those required by the member's group and
classification, e.g., on account of an election to transfer to a
designated benefit schedule or on account of provisions regarding
social security benefits paid or payable to any such member, his
or her retirement allowance shall be adjusted, by actuarial valu-
ation, to reflect such increase or reduction in contributions;
provided, that if a member made contributions above those
required by his or her group and classification, the member shall
be entitled to the return of such excess contributions upon
retirement.
(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, 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.
Sec. 40-242. 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,
-113-
shall be unassignable and shall not be subject to execution,
garnishment, attachment, the operation of bankruptcy or insol=
venby Yaw or any other process of law whatsoever, except with
respect to alimony, child support, or medical payments to a
fortner spouse.
Sec. 40.243. Protection _against fraud.
Whoever, with intent to deceive, shall make any state-
ments or reports required under this division which are untrue or
shall falsify or permit to be falsified any record of this re-
tirement plan, shall be punished as provided in Section 1-6 of
this Code.
Sec. 40-244. Errors.
Should any change or error in retirement plan records be
discovered or result in any member or beneficiary receiving from
the retirement plan 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 equiva-
lent of the benefit to which such member or beneficiary was cor-
rectly entitled shall be paid.
Sec. 40-245. Bonding; fiduciary insurance.
(A) Prior to exercising custody or control of any funds
of property of the retirement plan, every fiduciary of the
retirement plan and every person who handles funds or other
property of the retirement plan shall be bonded. Such bond shall
provide protection to the retirement plan against loss by reason
of acts of fraud or dishonesty on the part of the bonded individ-
ual, directly or through connivance with others.
(a) The board shall purchase insurance for the retire-
ment plan and for the members of the board of trustees to cover
liability or Losses occurring by reason of an act or.omisaicn of
a fiduciary, providing, however, that such insurance permits
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1
recourse by the insurer against the fiduciary in cage of a breach
Of a fiduciary obligation by such fiduciary.
See. 40-246• General conditions.
(A) It is intended that the City of Miami General
Employees' and Sanitation Employees, Retirement Trutt be and
remain tax qualified pursuant 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 General Employees' and Sanitation
Employees' 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 shall be adopted
which will reduce the then accrued benefits of members or bene-
ficiaries covered by accumulated reserves, which reserves shall
constitute a trust fund for the payment of such benefits."
Section 2. All Ordinances or parts of Ordinances in
conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of the Ordinance is declared invalid, the
renmaining provisions of this Ordinance shall not be affected.
Section 4, This Ordinance is hereby declared an
emergency measure on the grounds of urgent public need for the
preservatkon of peace, health, safety, and property of the City
of Miami.
"115-
section S. The herein Ordinance hereby repeals, it't its
entirety Ordinance 2230, as amended, which provided for a program
Of retirement allowances and death benefits on behalf of certain
employees Of the City of Miami, said program being entitled
"Miami City employees' Retirement Syttemll; created a retirement
board to manage and Operate the system,- provided its powers,
duties and functions; provided for a trustee; and sot forth the
plan of financing the system.
The herein Ordinance also repeals, in its entirety
Ordinance No. 56240 as amendedt which provided for a retirement
plan entitled "Miami City General Employees' Retirement Plan," to
provide certain retirement allowances and death benefits on
account of general employees of the City of Miami, Florida, other
than police officers and fire fighters; created a retirement
board to manage and operate the plan; provided for its powers,
duties and functions; provided for a trustee; and set forth a
plan of financing said plan.
Section 6. 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.
PASSED AND ADOPTED this 13thday of June ,1985.
ATTEST:
Maurice A. Ferre
MAURICE A. FERRE, Mayor
erk of the tatty of Mt Mi,
heiry cc; (liv that oil the
RALPH G. ONGIE day of— ... . ....... . ... ...
City Clerk
A. D. 19 a full, I'mc an-.1 correct Co of the n1h.
an.l ordinance was po�,,.vd at tile South Door
-1mis cc. providk:d
PREPARED AND APPROVED BY: of the Wt,!,- Counly C,)L;rt I c at the pla
lo;- iiotic,s ant) pub1ca:41iis by attaching said coi-.� it-
mi, Florida,Flori of
tile
ihorefor.
Wl'i"NESS my Ilun d k I the official scat of said
A
ROBERT F. CLARK City Illib-41 day or—-.— .. .... . "Aw.
Deputy City Attorney
...........
City Clerk
APPROVED A O FORM AND CORRECTNESS:
LUCIA W.
City Attorney
'1 0 0
Section S. The herein Ordinance hereby repeals, in its
entirety ordinance 22jb, as amended, which provided for a program
of retirement allowances and death benefits on behalf of certain.
tltiloyees of the City of Miami, said program being entitled
"Miamil City Employees' Retirement Systamll; created a retirefilent
board to Manage and operate the system. provided its powers,
duties and functions; provided for a trustee; and set forth the
plan of financing the system.
The herein ordinance also repeals, it its entirety
ordinance No. 5624, as amended, which provided for a retirement
plan entitled "Miami City General Employees' Retirement Plan," to
provide certain retirement allowances and death benefits on
account of general employees of the City of Miami, Florida, other
than police officers and fire fighters; created a retirement
board to manage and operate the plan; provided for its powers,
duties and functions; provided for a trustee; and set forth a
plan of financing said plan.
Section 6. 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.
PASSED AND ADOPTED this 13th day of June ,1985.
r
ATTEST:
RALPH G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
e 2
ROBERT Fe CLARK
Deputy City Attorney
Maurice A. Ferre
MAURICE A. FERRE, Mayor
herri3�� rc;tifv trylsat on Che,,.. ., day
�3f... Mi mt, Florida, -
e.rk of the C'ity Of
awl _..
;i. U. 19 d 4 a full, true an ! correct co of the
an.! ior,:V >ing ordinance was 11,osted ttt, the South Door
Of the County Colt ri 1-1011se ;tt the place provi '.xi
to; matic.s and 13ub'ica.ions by uttaching said coo: t:
file ,�lu� pr.wiued 11wr0for.
1VJ l N :SS my. itanta d the Official seal of s;t//id
City thia... 41.... day of.. .. A. D. 19.,?o..
Y rwwtlW..11 •.• • ....r...:..............M.111M
!City, Clerk
"PROVED A _Q FORM AND CORRECTNESS:
T ;rrii//��1+�
�81#e♦C-1A , /T�..DOQMle7b3 RTY
city Attorney.
-1 1 6-
0
d "Y OP MIAM1, #L 014115A
1NTE4,0PPICE MCMOAANOUM 22
to; Ronorable Mayor and Members DALE• JUN ALM
Of the City Commission
subjEct: Emergency City Ordinance
Adopting New Pension Programs
FROM: Sergio Pereir REs-ERErvDES:
City Manager
ENCLOSURES: Two
i
It is requested that in order to
implement the settlement of the Gates
matter and other pension related
litigation, the City Commission adopt the
herein Ordinance which provides for a
new Police/Eire pension program as well
as a new General Employees/Sanitation
Employees pension program.
This Ordinance will result in the repeal of Ordinance Nos. 2230
(Miami City Employees' Retirement System) and 5624 (Miami City
General Employees' Retirement Plan). You may recall that these
improvements to the Pension System and Pension Plan were
developed in labor contract negotiations in 1983 and 1984. Said
contracts were subsequently approved and ratified by the
Commission. Most importantly, these negotiations have resulted
in the settlement of the Gates lawsuit which was filed on March
25, 1977 and the subsequent lawsuits of underfunding/variable
annuity. It has taken years to resolve this litigation and the
new Pension Ordinance implements the agreed upon new pension
benefits and as well cleans up the ambiguous patchwork of
previous revisions. Attached is a summary of the pertinent
provisions of the new pension improvements as provided by
resolution of the pension lawsuits (Gates case).
It is highly appropriate and my recommendation to you is that
this Ordinance be passed on an emergency reading so as to
expedite the final settlement of all this litigation in
accordance with the Court's Order.
W
1
0
SUMMARY OF AGREEMENT FOR RESOLUTION OF PENSION LAWSUITS
Shown below is a brief summary of the pertinent provisions of the
Agreement for Resolution of pension Lawsuits (Gates Cases):
I. Organization and Administration
A. Each Board shall consist of nine members serving
two year terms; one member appointed by the City
Manager, two members appointed by each of the two
Unionso and four "independent" members appointed
by the City Commission from a list submitted by
the Unions.
B. Each Board may employ its own pension
administrator and staff.
C. Each Board may have its own separate office, to be
provided by the City of Miami.
II. Funding
A. The annual contribution by the City is divided
into three parts:
1. Normal operational expenses will be funded by
the City in much the same as they are
presently funded;
2. Contribution to fund the unfunded actuarial
accrued liability. This is the amount of
money which must be contributed by the City
in order to pay for the cost of past benefits
provided. All alleged underfunding or
r unfunded liability has been consolidated into
a defined amount according to a prescribed
schedule and will be amortized over the next
thirty years. The annual payments will
increase at 5% per year, and will be paid by
the City without dispute;
3. Contributions for normal annual costs. This
is the contribution required to provide
benefits for current employees. If the
amount request'eB by the actuary for the
System or the Plan differs from current
projections, a procedure has been established
to resolve the dispute.
8 •
The liability) if any, of the Retirement Trust to
pay a variable. annuity benefit to any past,
Trent or future retirees is hereby extinguished.
1. A cost of living adjustment fund (COLA) has
been established which will be funded by a 2%
contribution from the employee and an amount
equal to 1%'of payroll from excess interest
earnin s only if th a earnings are
available6 No General Fund money will be
used to fund this COLA.
2. The contribution from excess interest
earnings will continue for only three and one
half years. After that time, the issue will
be a matter for collective bargaining.
3• The present annual supplement provided to
retirees directly from the General Fund by
the City Commission will be discontinued at
the end of FY184/85.
4. The creation of the COLA fund is contingent
upon the Pension Trust funds becoming
approved by the IRS for "employer pick—up."
In order to secure the approval of the
unions, the Administration agreed to have the
System and Plan modified to permit the
contribution by the employee to be considered
as deferred income and thus not subject to
federal income tax until the employee
retires.
WCfK 1NG 9X
99W RETIRSMINANCE
DIVISION 2, CITY OF MIAMi VIR8 PIaEt RS' AND
9qL 9__ t P PT -CS tS'1 RETIREMENT _ TRUST
Sec. 40-200. t ef.onS
Sec. 40-201. Retirement stun, st bifished u ose
Sec. 40-202. Board of trustees.
(A) Selection
(S) Term of office
(C) Fiduciary responsibility
(D) Compensation
(E) Meetings; voting; quorum;
officers
(P) Vacancies; removal
Sec. 40-203. Administration of retirement system
(A) Plan administrator
(B) Pension administrator; board
physician; advisors
(C) Public records; board documents;
written communication to and
and from city; commission agenda
(D) Rules and regulations
Sec. 40-204. Trust fund
(A) Nature of trust
(B) Trust property
(C) Investments
(D) Money Manager
(E) Records to be maintained
Sec. 40-205. Contributions
(A) Member contribution
(B) City contributions
Sec. 40-206. Accounts
(A) Membership account
(B) Benefit account
Sec. 40-207. Physical examination required; effect
of preemployment disability
Sec. 40-208. Membership
Sec. 40-209. Transfer of city employees to
retirement system
Sec. 40-210. Creditable service
Sec. 40-211. Pa backs for membership credit
A) Credit for pev ous mem e�rshi+
service for certain reemployed
former members.
(S) Credit for previous employment
for certain laborers; watchmen
and custodial workers
(C) Credit for military service
(D) Credit for maternity leave
(9) Credit for disability retirement
upon restoration of beneficiary
to service
PAO Na.
..... 2
♦ .. i i 2
. ♦ 6 .. 7
♦. 10
..... 10
.♦ ♦.. 11
..... 11
4966* 13
..... 15
16
. . . . . 21
21
.....
.....
23
25
.....
25
.....
.....
26
.....
27
28
. . ....
.....
29
.....
30
•1..,
31
31
,....
33
....!
.!•.�
34
R f ! ! I
36
0
Sec. 40-212• Sere t
(A) Service retirement
(S) Rule of 70 retirement
(C) Early service retirement
(L) Nested right to retirement
(E) Ordinary disability retirement
(P) Accidental or service -incurred
disability retirement
(0) Ordinary death benefit
(14) Accidental death benefit
(t) Return of contributions
(J) Limitation of disability benefits;
reexamination of beneficiaries
retired on account of disability
(fit) Restoration of beneficiaries to
membership
(L) Optional allowances
(M) Changes in beneficiary after
retirement
(N) Pension offset by other compen-
sation benefit
Sec. 40-213 Cost -of -living allowance
Sec. 40-214 Adjustments in benefits
(A) Election of increased benefit of
Class A membership
(B) Executive benefit
Sec. 40-215 Assignments prohibited
Sec. 40-216 Protection against fraud
Sec. 40-217 Errors
Sec. 40-218 Bonding; fiduciary insurance
Sec. 40-219 General conditions
Secs. 40-220 - 40-224 Reserved.
DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST
Sec. 40-225
Definitions
Sec. 40-226
Retirement plan established; purpose;
name;
date operative
Sec. 40-227
Board
of trustees
(A)
Selection
(B)
Term of office
(C)
Fiduciary responsibility
(D)
Compensation
(E)
Meetings; voting; quorum; officers
(F)
Vacancies; removal
Sec. 40-228
Administration of retirement 21an
(A)-
Flan a ml-n1stratox
(B)
Pension administrator;board physician;
advisors
(C)
Public records; board documents;
written communication to and from
city; commission agenda
(U)
Rules and regulations
Ua a N6•
••i•o 3�
••.•. 38
••••• 38
i ♦ • • i 3 ✓
ii.•• 40
41
42
• . 43
i . . • . 4 5
..... 45
.i... 47
i . . . 48
50
50
51
52
..... 52
..... 53
..... 53
..... 54
..... 54
..... 54
..... 55
..... 55
..... 55
..... 55
..... 60
..... 60
60
..... 62
. . . . . 62
..... 63
63
.... , 63
64
. ... 64
...., 66
. s .. . 60
. . . ! 69
90 —LIN
Sto, 40-229
Trust fund
6666669
(A) Nature of trust
6666669
(a) Trust property
6666670
(C) InV6AtMdntA
6666671
(D) money Managtr
6666672
(9) Records to be maintained
&666674
Sea, 40-230
Contributions
6606674
(A) Member contributions
6466674
(B) City contributions
66*6&76
Sec. 40-231
Accounts
o6io.79
(A) Membership accounts
6606679
(a) Benefit account
0606670
See, 40-232
Physical examination.required;
effect of preemployment disability
96*o*80
Sec. 40-233
Membership
*666680
Sec. 40-234
Right of certain persons to reject
membership
Sec. 40-235
Transfer of city employees to
retirement plan
*.***85
Sec. 40-236
Creditable service
qe.e*87
Sec. 40-237
Dismissal for willful misconduct
esee*87
Sec. 40-238
Paybacks for ' membership credit
jose*88
(A) Credit for previous membership service
for certain reemployed former members
****.88
(B) Credit for continuous service as a
non-member
00.0.90
(C) Credit for previous employment for
certain laborers, watchmen or
custodial workers
****91
(D) Credit for military service
00e.93
:
(E) Credit for maternity leave
*.***94
(F) Credit for disability retirement upon
restoration of beneficiary to service
***e*95
Sec. 40-239
Benefits
*..**96
(A) Service retirement
.*.o*96
(B) Rule of 75 retirement
0000098
(C) Early service retirement
*qqoo98
(D) Vested right to retirement
66**698
(E) Ordinary disability retirement
0000100
(F) Accidental or service -incurred
disability retirement
0000101
(G) Ordinary death benefit
qqqo103
(H) Accidental death benefit
9*00105
(1) Return of contributions
999*106
M Limitation of disability benefits;
reexamination of beneficiaries
retired on account of disability
q,9*9106
(K) Restoration of beneficiaries to
membership
0009108
(L) Optional allowances
9990109
(M) Changes in beneficiary after
retirement
9*00111
(N) Pension offset by compensation
benefit
9#119111
See,
40-240
Sec.,
40-241
Adjugttte,nta in befte.-
See.
40-242
Aq a ig nma qks_ prgj hib,jtgcl ---
See.
40-248
dprotect
6 66114
Sec.
40-244
Errorg
Sec.
40-245
Sofia insurance
6 6 6 6 114
Sec.
40-246
General conditiofts
-4m
See, 40-240 C o at - o f - I vin Aw- —An c!k
See, 40-241 in beftoktLtL
See, 40-242 Aa a iqn",nts _pqhtb i t -ed ,
Sec. 40-243 protection_against. fraud
Sec, 40-244 4rrora
Sec. 40-245 ]3ondihg- iduciary, _insurance
Sec. 40-246 General conditions
t4gg-NCB.
113
.iii114
114
....114
...6115
7'
CI` Y OP MIAMI, PL61§115A
iNfER-OPPICE MEM014ANOuM
donor ayor and Mmbeta June 11# 1985
of a Ci y commisaion DAtE
Pmergeney Ordinance adopting
New Ptrigion Program
R OYI Lucia A. 4aUgherty
City Attorney
RLFERENCESIteM #22# City Commission
Agendas June 13# 198S
F:NCLOSUP5F5 ( I )
To assist the Commission in its review and consideration of
the above referenced 116 page ordinance, we have prepared and are
attaching a Working index to the proposed ordinance.
LAD/RPC/fl/011
ENCL.
CC6. y Manager
City Clerk
Labor Relations Coordinator
f
m
4-;, T I
r
C3
10002..
e
MIAMI REVIEW
AND DAILY RECORD
Published baily 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 and Daily Record, 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
Re: ORDINANCE NO.
Inthe ......... X. X. X........................ Court,
was published in said newspaper in the Issues of
June 14, 1985
Alflant further says that the said Miami Review and Daily
Record 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 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 afliant further says that she has neither
paid mixed any person, firm or corporation any discount.
rebel c mmission or refund for the purpose of securing this
adre a ment for publication in the said, newspaper.
f
��`.Srdrmto and•autlaorg5dftore me this
LQt day of •� +If �• , A D18. .85
dry t�c�,S1a . 01rr,-- o Da at Large
Q
(SEAL)•-, • p ��
My Commission ex0o f e t,
i
a
im
11
MIAMI REVIEW
AND DAILY RECORD
Published Oaiiv_ except Saturday. Sunday and
Lega; 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 and Daily Record, 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
Re: ORDINANCE NO. 10002
In the ......... X.. XC . -X ........................ Court,
was published in said newspaper in the issues of
June 19, 1985
Affiant further says that the said Miami Review and Daily
Record 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 ciass 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 nas neither
paid promised any person, fine or corporation any discount,
tabs ommission or refund for the purpose of securing this
adv ement for publication in th said newspaper.
ttlt'` ,;,'rtfa�'"
`tiy
Swdrn to art subscribed before me this
1 9.tb..Vday of .�. *. �.: S. . Jun`e:': A n. te...... 5
It J Bfooka
y��' ry Public, Stattl °of Figiida at Large
(SEAL) � FQ • ' • " ' i•!\' *.
My Commission axpir/er
it Ifli:t
Cliff OP N 1AMI,
BADS 66UN", PL16NIBA
a LRAAL 96TI611
All Interested persons Will 1161<6 hotl6d that tih the13th day of Julie,
f J65, the City CoMMISeioh of Miami, Florida Adopted the foildWlAg
titled ordindhde(g):
OHbtNANCE NO. ltibb
AN EMERGENCY bRbINANCE AMEN61NG THE COt)e OF
THE CITY OF MIAMI, FLOWDA, BY REPEALING ARTICLE
IV, ENTITLED "PENSION AND RETIREMENT PLANS," OP
CHAPTER 40, ENTITLEb "PERSONNEL," OF THE�t;ODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING'
ORDINANCE NO. 2236, AS AMENOEb, WHICH PROVlb€b
FOR A PROGRAM OF RETIREMENT ALLOWANCES ANb .
DEATH BENEFITS ON BEHALF OF CERTAIN EMPLOYEES ,
OF THE CITY OF MIAMI, SAID PROGRAM BEING ENTITLED
"MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM'; CAE'
ATED A RETIREMENT BOARD TO MANAGE AND OPERATE
THE SYSTEM; PRoVIbtlJ ITS POWERS, DUTIES; AND FUNC� '
TIONS; PROVIDED FOR A TRUSTEE; AND SET t=ORfiH tHE
PLAN OF FINANCING THE SYSTEM; AND BY REPEALING
ORDINANCE NO. 5624, AS AMENDED, WHICH PROVIDED
FOR A RETIREMENT PLAN ENTITLED "MIAMI CITY GEN,
ERAL EMPLOYEES' RETIREMENT PLAN," TO PROVIDE CER-
TAIN RETIREMENT ALLOWANCES AND DEATH BENEFITS
ON ACCOUNT OF GENERAL EMPLOYEES OF THE CITY OF
MIAMI, FLORIDA, OTHER THAN POLICE OFFICERS AND
FIRE FIGHTERS; CREATED A RETIREMENT BOARD TO MAN.-
AGE AND OPERATE THE PLAN; PROVIDED FOR ITS POW-
ERS, DUTIES AND FUNCTIONS; PROVIDED FOR A TRUS&
TEE; AND SET FORTH A PLAN OF FINANCING SAID PLAN;
SUBSTITUTING THEREFOR A NEW ARTICLE lV, ENTITLED
"PENSION AND RETIREMENT PLANS;" WHICH ESTABLISHES
THE "CITY OF MIAMI FIRE FIGHTERS' ANO POLICE OFFI-
CERS' RETIREMENT TRUST" AND THE "CITY OF MIAMI
GENERAL EMPLOYEES'- AND SANITATION EMPLOYEES'.
RETIREMENT TRUST";'CONTAINING A REPEALER PROVI•
SION AND A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE.
ORDINANCE NO. 10003
AN ORDINANCE SETTING FORTH APROPOSED CHARTER
AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. .
1"; TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL
MUNICIPAL ELECTION ON AUGUST 13, 1985, SAID AMEND-
MENT OFTHE CITY CHARTER TO PROVIDE FOR THE CREA-
TION OF AN EXECUTIVE MAYOR FORM OF GOVERNMENT
FOR THE.CITY OF MIAMI AND DEFINING QUALIFICATIONS,
FUNCTIONS AND COMPENSATION OF THE MAYOR, COM-
MISSION, CHAIRMAN OF THE COMMISSION, DIRECTOR
OF ADMINISTRATION, DIRECTOR OF FINANCE AND BUDG
ET, AND CITY ATTORNEY; PROVIDING FOR THE TERMS OF '.+
OFFICE AND ELECTION DATES FOR FIVE COMMISSION-
ERS AND.THE MAYOR; DEFINING THE CLASSIFIED"AND
UNCLASSIFIED CIVIL' SERVICE; SETTING TERMS AND CON.
DITIONS OF OFFICE FOR THE CITY ATTORNEY AND"CITY
CLERK; REPEALING ALL CHARTER SECTIONS OR PARTS
THEREOF IN CONFLICT, PROVIDING FOR SUCH'CHAR-
TER 'AMENDMENT TO TAKE EFFECT UPON PASSAGE_BY
THE ELECTORATE; CONTAINING A REPEALER AND A SEV•.
ERABILITY CLAUSE.
ORDINANCE NO. 10004
AN ORDINANCE SETTING FORTH A PROPOSED CHARTER;
AMENDMENT, KNOWN AS."CHAPTER AMENDMENT NO
2,".TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL
MUNICIPAL ELECTION ON AUGUST 13, 1985, SAID AMEND-
MENT OF -THE CITY CHARTER TO PROVIDE FOR THE H..Q' 0-
ING AF PARTISAN ELECTIONS FOR THE OFFICE OF.MAYOR
IF THE PROPOSED EXECUTIVE MAYOR CHARTEWAMFND
MENT KNOWN AS CHARTER AMENDMENT NO 1, SCHE:D
ULED FOR REFERENDUM ON AUGUST.13,119185 SECOMES
ING FOR THE NAMES OF AUALIFIEP INDE
DID ATE S TO EtE PI-ACti �iN,TMi`r+�LLO
< nr7,
EY HE ,=TQRATE,ANP PN Aft, iN A�
QRPINANG�►��. ��� t _t„��.� x � ,�
A1>f EMERFNCX t�RPIfdAAICETALtIN AIAfP- ~ .
CIA�1.11,VUNQgFVN[� i+I71 1•EPi1' ITRa�►�I A I T19�11
PFi(�PfiAM ► 4838196'aAN APfjR0 If�TJNQ,F� OFIRN
T# E >;iP iTlPN QF "ME:1N Ifs ,MQI�ItIT 0I :I
FROMTH91I 1104TATF495P�i3 � 1 QF F 1�#"� NQ
hl�M�N -1aIrRV1I' �►i,l�tiDf'IIT�N� 9hi
VYtAANAi3111
T04009PTAGRANT ►YdAIF#�f RI?#►�T 4TAT90F,.4�t
11iAR�V�tR
IDES T>NTIRANTEt AND RFFUGtEF. igTN
PF ►l t f"qv AN3 A
MR 11Q
e
bRbINAN
6AN EMERGENCY 60INANa WAIILIVINd _SN tW
SPECIAL AtVENUE FUNDS ENtITLEb: 1-01 :t OF
+► INttAbOVERNMENtAL LIAMON Vi" ANTS ' MIAMI
Jb8 btVELOPMtNt PI bh) t 1 A€PA61PAIAt•
ING FUNDS P6A tHEIA OPERATION IN THE AMOUNTS OF
WOO AND 00.?60 RESPECtIVELY PRbM tHE UNITED
STATES bEPARTMENt OF LABOR, AND AUTHORIZING THE
CITY MANAbtA tO AOCEPfi THE ORANT AWARDS PROM
THE UNITED STATES bVAAfMENt OF LAbbk AND TO
ENttA INTO THE NECESSARY OONtMACT(S) ANbIOR
AGREEMENTS) WITH THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM TO ACCEPT THE GRANTS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE,
ORDINANCE NO, 10001
AN EMERGENCY ORDINANCE AMENDING SECTION 2 AND
6 OF ORDINANCE NUMBER 9001, ADOPTED SEPTEMBER
21,1984, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
FISCAL YEAR ENDING SEPTEMBER 30,1985, AS AMENDED
BY INCREASING THE APPROPRIATIONS IN THE SPECIAL
REVENUE FUND, SOUTHEAST OVERTOWN►PARK WEST
REDEVELOPMENT PROJECT OFFICE IN THE AMOUNT OF
$53,600 FOR THE PURPOSE OF OPERATIONAL EXPENSES,
REVENUE IN A LIKE AMOUNT IS AVAILABLE FROM THE
MIAMI SPORTS AND EXHIBITION AUTHORITY IN THE
AMOUNT OF $8,500 AND FROM DEVELOPER'S BID DEPOSIT
IN THE AMOUNT OF $45,000, CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10008
AN ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDI-
NANCE NO. 9901 ADOPTED SEPTEMBER 21, 1984, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
ENDING SEPTEMBER 30, 1985, BY APPROPRIATING A TOTAL
AMOUNT OF $784,952 FROM THE 1984 RETAINED EARN-
INGS OF THE BUILDING AND VEHICLE MAINTENANCE
DEPARTMENT, $653,000 COMING FROM THE HEAVY EQUIP-
MENT MAINTENANCE DIVISION AND $131,952 COMING
FROM THE COMMUNICATION SERVICES DIVISION; INCREAS-
ING REVENUES IN ALIKE AMOUNT TO FUND OUTSTAND.
ING PURCHASE ORDERS FOR THE DIRECTOR'S OFFICE,
$39,150, HEAVY EQUIPMENT MAINTENANCE DIVISION,
$595,452, PRINT SHOP DIVISION, $25,398 AND COMMUNI.
CATIONS SERVICES DIVISION, $131,952 REMAINING AT
THE CLOSE OF FISCAL YEAR 1984; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10009
AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT
TO THE ELECTION HEREIN PROVIDED FOR, OF $7,000.000
GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI,
FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF
DESIGNING, CONSTRUCTING, DEVELOPING, EXTENDING,
ENLARGING AND IMPROVING THE BAYFRONT PARK OF
THE AMERICAS IN THE CITY OF MIAMI, INCLUDING FACILI.
TIES PROPERLY APPURTENANT THERETO, AND THE
IMPROVEMENT OF LAND FOR SUCH PURPOSES AND THE
ACQUISITION OF EQUIPMENT THEREFOR, ALL SUCH ACTIV-
ITY CONSTITUTING THE BAYFRONT PARK REDEVELOPMENT
PROJECT; PROVIDING FOR THE LEVY AND COLLECTION
OF AD VALOREM TAXES TO PAY SUCH BONDS.
ORDINANCE NO. 10010
AN ORDINANCE PROVIDING FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI,
FLORIDA, ON TUESDAY, AUGUST,13, 1985,,WITH RESPECT
TO THE ISSUANCE OF $7,000,000,GENERAL OBLIGATION
BONDS FOR THE BAYFRONT PARK REDEVELOPMENT
PROJECT. -
ORDINANCE NO. 10011
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI-
NANCE NO.9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLAS,
SIFICATION OF APPROXIMATELY 3151-3199 SOUTHWEST
27TH AVENUE, 2660 LINCOLN AVENUE and 2699 TIGERTAIL
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG•215 GENERAL RESIDEW
TIAL (WITH SPI.3 OVERLAY) TO REG,2/6 GENERAL RESI-
DENTIAL (WITHOUT SPI.3 OVERLAY) MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 45 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO, 95DO BY REFERENCE AND DESCRIPTION
1N ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO, 10012
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI.
NANCE NO.9500, THE, ZONING; ORDINANCE OF THE.CITY
OF MIAMI, FLORIDA, BY CHANGING TH920NING GLA$-
$IFICATION OF APPROXIMATELY 31€1189 SOUlHW€ST
27TH AYENGE, 660 LINCOLN AYENUF.00 2659 TIGERTAIL
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY
PESCRIDED HEREIN) FROM R006 GENERAL REMPEN,
TIAL PD•MU PLANNED D€VELQPMENT:,MIX9P PSE; SL18
J€CT TO THE APPLICANT Q($TAININQi NEC€€SARY YARI*
ANC€S; MAKINQ FINDINGGS;" ANP BY, MAKING ALL TH€
NECESSARY CHANGES ON PAQiE N Q.,. 4�F SAID ZONINCa
ATLAS MAPS APART OF PRAINANG€ NO, 8000 5Y ,REF-
€R€NC€ ANR D€SCRIPTIQN •IN ARTICLE % S€+CT19N 300
THEREOF, CONTAINING A R€PgALER PROVISION A /*,.,
15€11ERASIMTY C AVPF,.
i�9A2i} RA�;RH G' G�NQI� .
CITY CI�FtK::. .
PT !QF MIAMI, FWRIQA