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ORDINANCE NO, 11
AN ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES/ RETIREMENT SYSTEM
(ORDINANCE 2210, JANUARY 1, 1040, AS MENDED), AS APPEARINa /N
COMPIED FORM AS PART OP CHAPTER 2 OV THE CODE OP THE CITY OP
MIAMI, PURIM, 1057, AS ARENDtD, MORS PARTICULARLY WENDING SgCTION
90, AS AMENDED, OP SAID CHAPTER 21 PROVIDING FOR THE ADMINISTRATION
OF THE RETIREMENT SYSTEM; PROVIDING TRAT THE EMPLOYEES b1 THE
RETIREMENT SYSTEM SHALL BE EMPLOYEES OP THE BOARD; PROVIDING FOR
THE EMPLOYMENT AND EVALUATION OP SAID EMPLOYEES; PROVIDING FOR THE
OPTION OP A JOINT SYSTEM PLAN COMMITTEE POR THE MANAGEMENT OP SAID
EMPLOYEgS; PRoVIDING, SU8JECT TO COMMISSION APPROVAL POR THE TRANSPER
OP SAID ADMINISTRATION FUNCTIONS TO A PROFESSIONAL PENSION ADMINISTRATION;
PROVIDING FOR A UNIFORM METHOD oP ACCOUNTING AND ACCOUNTING REVIEW
8Y THE DIRECTOR OP FINANCE; CONTAINING A REPEALER eum, A SEVERABIUTY
PROVISION AND AN EFFECTIVE DATE,
WHEREAS, the City Commission retains continuing Power to amend the _
ordinance governing the Retirement System; and
'WHEREAS, the Retirement Board is desirous of maintaining the highest
level of services to membeis and retirees of the Retirement System; and
WHEREAS, the Retirement Board is charged with the duty,of admin—
istering the affairs of the Retirement System; and
WHEREAS, the Director of Finance is charged with the duty of managing
the financial affairs of the City of Miami, and
WHEREAS, the Director of Finance is mandated by State Statute to
employ uniform accounting procedures, and
WHEREAS, the administration of the Retirement System is intertwined
with the management of the financial affairs of the City; and
WHEREAS, there appears to be a conflict between the duties and
obligations of the Retirement Board and the Director of Finance; And
WHEREAS, the Miami City Employees''Retirement SYstel“Ordinance N9+
2230, January 1, 1940, as amended) was not included as a portion of the
new Code of the City of MAO., Florida, effective September 1, 1967, as
adopted by Ordinance No, 7585 (July 25, 1967), and
WHEREAS, said System npw exists in codified form as it appears in
Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended,
in addition to basic ordinance form; and
WHEREAS, any addition or amendment to said System can thus be,made
by reference to the section dOSign4tiOn$ AS they appear in chaP Ar 2 Of
the Code of the City of Mi4Mi, Florida, 1957, as amended:.
Nowl TatRtPORt, At IT Atfltl AY Tilt &MIAMI tI tat CITY 10
MIAMI, rt0AtDA;
Aeetion 1., The Mimi City EmployeeS Retirement RyStem tOrdinAtee
22100 jatuary 1, 1040, Ag Amended), as appears it codified form AS A
part Of Chapter 2 of the Ude of the City of Mimi, Plorida, 1957, As
Amended, ia hereby further amended it tholtowing partiaularal I/
SdttiOft 2.90 Admitistration
* * * * *• * * * * * *
"(1) The general administration and responsibility for the operation
of the tetirement system shall be vested in A board consisting of
nine persons as follows; tWo fire fightera, two pOlice officers,
meM
four bers setedted by the City Manager to represent the City
Administration and one City Commissioner appointed by, the City
CommisioU by a minimum four -fifths vote. The City Manger and
Director of Finance shell not be eligible to serve as members of
the board. The city Commissioner appointed it accordance with the
provisions herein contained may be removed by a majority vote of
the City Commission and shall serve only for such time as he remains
a city Commissioner. The, City Commissioner so appointed shall
serve as chairman of the board and shall vote only in the event of
a tie vote.
(2) The general administration duties of the Board shall include:
EE
(a) The maintenance of such records and logs.as are necessary
for the calculation and distribution of retirement benefits;
(b) The maintenance of such records as arenecessary for financial
accOunting:and report of pension funds;
(c) Answering Of all'correspondence.bearing upon the retirement system;
(d), Certifying and processina_bills, statements, and application's
for retirement benefits;
(e) Compiling such administrativeor investment information as
maybe required for the managementof the RetirementSystem;
(f) Establishing and maintaining communication:with_other City
deOrtments, Private organization, and other governmental. units;
(g) Such other functions and responsibilities asare necessary
toaccomplish the day-to-day 'Management cif the Retirement -System
_.... ..__
or as otherwise required by law.
_. . k..__. . ,.
(3) To accomplish the above responsibilities the Retirement'Boardr
is authorized to employ:
(a) Such Cty em lo ees asare re uired to accomlisb the-adminis.
trative rea2o4Isibilittes of the Boardi
(b) Said personnel shall be selectecrin the same manner as all
4ad211,4144
2,-
Words stricken tbrougb shall be deleted. Vnderscorod words con-
aute the amendment proposed. RPM4illiAg provisions of 'Section
2-90 are now in effect nn4 maim uncbanged.
t4) 3ub. eet„ ti thq_Amslyal,of,thn C t 2rtmmitiss
tho tnnctions de `t rihdd in s'u sedtlO t, (2) may he
cOntracted- td Atl dteidts professional pension Atiministrs€or
(5) An atlministrativpAreetnent nta+ 1teDtdrtdint
between the guard . acid_ a _Cif. de, artment tAl_1101DIJAA111
tlutits described in sobseetian (,2, j if -ate dtspnlh_with
refete_nc ttf ur;h a eee tent, the Ci't Commission shall aet
itt .ettir g said pdifatite.
(6) in Lthe nt tt kt ton 13etilmnt SyAto to i3tsard and the
ketireinent plate oard decide_ to have common employees, A
jnint its ttntttt t; shali be forttled ti'f eau iTIgnes_etit „tiOn
franc .eaeh board for nthe s ie tion and examination -of said
Apilloqgs
(1) Ali .. q +A4t, rig_.methods _nnd_ . c unting_,_r enrd: , LLmatilt hied
by thti Tuard shalt be kert ivtl the ;mantic bar. th0
Ure_otnt,. oE,.ai'inance for.:tll. City depOttments .atd_e:ll.,_accountittg
WOrk .: tuduct.._shall be. reV eat d..,hyhe t_btrecter ,of 1 t ttee to
ensure oniianee 1th0nse_,methcPd5,..._ _UPati_ d,etermi.nattoi b..Y
t t Director _of rite tnce__that there .jq __ilgt compI atnceha11
_ ......ram-_ . .
riot ify.,..the .10,4rcl __ ri tenting , ot.^_the,._at i .o.E__non-compl, an,ce
and.- a ,recommended__ remedy.
(8) The first meeting of the hoard created herein shall take •
place within thirty days from the:datt providing for the elec-
tion of members to said hoard as hereinafter provided,
(9) Employee representatives shall be elected for a term of
two years by employees of their respective departments, The
first election shall be held within forty-five days from the
effective date of the ordinance creating the Retirement Board of
the Miami City Employees' Retirement System wherein one police
representative and one fire representative shall be elected
for a term ending on December 21, 1976. The police and fire
representatives currently serving on the retirement .board of
the retirement system and plan shall be members of the board
herein created until December 31, 1975. Elections shall take
place between December first and December, fifteenth of each year
wherein one police representative and one fire representative
shall he elected for a term of two, years commencing_Jenuary firs
and terminating two years thereafter on December thirty-first,
(10) Qualifications for candidates and arrangements for secret
ballot elections shall be proinulga'ted by the representative
police and fire.organizations,
(11) If a vacancy occurs in the office of an elected member,
the vacancy shall be filled for the unexpired term in the same
manner and in accordance with the same provisions for election
of members to the board,
(12) The board members shall serve without compensation.
,(13) Each member shall take an oath of office within ten days
after his appointment or election.
(14) Eatrh member of the board shall he entitled to one vote,
Five concurring votes shall. be necessary for a decision by the
members of the board .and five members shall ; onstitute .a
quorum of the hoard,
Words - ichitai through shall be de
constitute the amendment proposed,
*Action 2.90 are pow in affect aid
eted. Underscored wprds
Remaining provisions of
rsma is onehaepti.
t
(1) :gub3eut to the limitations herein °t* ttt,aihedg the board
my from tuns to time establish such 'toles and 'regntatit is a§
may be hen awry for the efficient admintatratinn of the systems
tlb) the board shell teat a vide chairman from its mtaber.
ship sand shall appoint a secretary who may or may not be a
member of the board.
(17) the board OW 'keep in et5nvenitent form such date ad
shalt be necessary ftir aetuariat evaluation of the vatriousfunds
of the retirement system and for checking the experience of
the retirement eystttn.
(18) The hoard shall keep a record of x1i of ith proceedings
which :shall be open to public inspection. The minute§ of the
retirement boned shall reflect a eompiete and comprehensive
account of the discussions and actions taken by the retirement
board.
(19) The hoard shalt submit to the city commission annually -
a teport shooing the fiscal transactions of the retirement system
for the year ending on the preceding December' 21st, the amrnunt ref
the accumulated cash and securities of the system and the last
balance sheet showing the financial condition of the system by
tneans.of actuarial valuation of the assets and liabilities of
the system. Said information and reports shalt be submitted
to the: city commission no later than July first -of -each year,
Commencing in 1975.
(20) The hoard shalt designate and select an actuary who
shall be the technical advisor. to the board in matters re—
garding the operation of the funds created by the provisions
of this ordinance, and shall perform such other duties as are
required in connection therewith. The actuary shall be directly
responsible to' the board. The contract providing for employment
of the .actu;a ry shall he suh ject to the approval of the city
commission and shall provide that the actuary may be removed,
by_a majority vote of the retirement board,-
(21) The retirement board shall designate one physician who
shall assist the board in the performance of it:s .duties. tech'
applicant for disability retirement shall be referred to said
physician for examination,.evaluation and report. Such.
physician shall he authorized to refer the applicant to a special—
ist or specialists,.at-his discretion:fr.om a list approved. by
the board. Said specialist or specialists shall report their
'.findings and conclusions to the physician in writing. Said
physician shall arrange for and pass upon all medical exam-
inations required under the provisions of this section and,
after taking into consideration the reports of the special—
ists, if any, shall. report'his conclusions' and recommendations,
to the board in writing.
(22) On the basis of such gables -the actuary shall make
.annual.aetuarial valuation of the assets :and liabilities of the
funds of the retirement' system.H (Code 1957, Sec. 2-90; Ord.
No, 7288, See* 14 card, No, 7292, Sec, 2; Ord. Na. 7679, Sec.
1; Ord. No. 8008, Seca 1; Ord,No, 8364, Sec. 1),
Section 2, If aiay section, sentence, clause, phrase or work of
this Ordinance is for.any reason held or decLared'to be.uncenstitutional.
inoperative or voi4, such polling or invalidity shall not affect the
remaining portions of this Ordinance, and it shail not he construed
to have been the intent of the Cemtnission of the City of Miami to
pass this Ordinance without such unconstitutional, .invalid or
4.
in pdrntive pert therein; And the remainder f thig tirdirtgne ntter
the exelegion et Ruch part ur pate §hn t be deemed Anti held to be
vAlid ng it Ruch parts had not been included therein.
PASSED ON PIIST READING AY TITLE ONLY THIS 22 day et
b__ + .197p,
PASSED AND AboPTSb ON SECOND AND FINAL MONO BY T.'ILE ONLY
Tits 8 day et MARCH
/ / MAURICE A, FERRE
MAY 0
CITY CLERK
PREPARED AID APPROVED BY:
MICHAEL HAYG000 ,,
ASSISTANT CITY ATTORNEY
0 AS TO FORM CORRECTNESS:
E F. KNOX, JR.
ATTORNEY
MOM ntivinv
OD ittee*
7.
PAOShed Dalt* 'eXcerit 'sefarday. Sunday /
• Legal Holidays
Miarrn, bade 'enmity. -Plerida.
•StAft Of f LORI tiA
tout'OP bAbt
before friti undersigned atiffidt14 pereSangilf elp•
bred Sarah Wifllarns, Who on oath says that she is Me
Decor of Legal Advertising of flte'MiarhiRevieW geld
'Daily Recoil& A daily (except Sturdy. StInday and
Legal Holidayst newspapte, Publithed at Miartii in
Dade 'Comity, Florida; that the attached thy Of adiree-
tiltieheht. being a Legal AdyeefiSerharit oe Notice in The
rhattet• of
-MY bY MIAMt
Rel OrOthanct Nos 8911
In the k. .3( It Couft
was published in said newspaper ih the issues of
March .1.5 .1979
.Affiaht further Says that the Said Miami Review
and (Daily Retried it a newspaper published at Miarnl, In
- Said bade Couhty..Plorida. arid that the said hewspaper
has heretofore been continuously published ih said
bade CodnfYi Florida, each day (except Saturday, Sun-
- day and -Legal Holidays) and has, been ehtered as
second clasS mail Matter at the post office in Miami, in
said bade County, Florida, for a period of one year next
pi-ace/find -e nest publication of the attached copy of
' adyeetis rit; and a1Hant Wither says that she has
neither nor ProMited any person, firen or coepora-
tion a • scounr rebate, commission or refund for the
putp .t seturirig.t rilsement for Publication
in th aid hawse
re me this
19 79
e
a al Large
[SEAL
My 'Comenission
MR-69
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bAlgt trAINMPLORMA : 'r
116AL tilgtiet
'Al) ittialtattail talit'falta:11611eiiheiliti Math -gait tit Meth, 1029 .•
eliy- tdmffitsatdd 61 Mmi,tiatida fiatted btid atiopfoti tit§
lined dtditiattee:
oRbINANCE NO:101I •
.-- AN CHNANCE rAMEN'151 ?Ht.-MIAMI
EMPLOYEtt' 'RETIREMENT tYttEM‘teila/INANCE:2230,
JANUARY 1, )040, AS. AMNbb) A APPEARINGtN
Cobtfltb FORM AS PART OP tHA'PTER '2 Of 'THE -tObt r.
Oft .THE .CITY.CiP MIAMI; f LORIN, rig,gt AS LAM N OE°,
MR E PARTICULARLY- .'AMENDIN6 -.SECTION ,46.. AS •
- AMENbEtVbf SAib.CHAPTER•2; `PROVIOIN6 '0012 tl-tt
AbMi NW -RATION RETIREMENT SYSTEM;-PROVbN
• • THAT THELEMOLOYt ES Of.tHE REtiREMENt SYSTEM.
SHALL BE EMPLOYEES:OP-1'HE ,tIOARb; 'PROVIttiNd •
OR; THE :EMPLOYMENT, ANF5'. EVALUATION:OP: SA.Iti„
EMPLOYEES; PROVIbING POR THE•OPTION'Of A
SYSTEMPLAN.COMMITTEEPOR THE MANA6EMENT
'SAlb EMPLOYEES; -PROVIbi WI/ •SUBJECt•TO COMMIS
SION APPROVAL:P-0R ,,THE , TRAMPER .-OP SAIbrfAb-',
MINISTRATION f UNCTIONS TO A PROPESSIONAL ,' •
SION -AbMINISTRATION:r-PROVIbIN f OR A •UN'tfORM
METHOta Of ACCOUNTING. ANb ACCOUNTING PVIW
.- BY .THE bIRECTOR- PINANCEJ tONTAIN'IN6
REPEALER CLAUSE, A SEVERAEHLITY PROVISION Atsib
AN EfFtetive bATE, • • •
•
RALHG.Nt
CITY CLERK
publication ,of this Notice on the 15 day of March, 1979.
3/15 M/9-031505
•
1.10AI. NOT tCt
All interested will take notite that on the tith day of March, 1979
the City Commission of Miami, 'lMida passed and adopted the follvoing
titled ardinantet
ORDINANCE NO,
AN ORDINANCE AMENDING THE MIA!/CI RET/REMENT SYSTEM
(ORDINANCE 2230, JANUARY 1, 1040, AS AMENDED)', AS APPEARING IN
COD/PIED FORM AS PART OP CHAPTER 2 OP THE CODE_OP THE CITY OP
MIAMI4'PLORIDA, 1951A AS AMENDED, MORE PARTICULARLY AMEND/NO SECTION
90, At AMENVEN.OP SAID:CHAPTER-2, PROVID/NG POR THE ADM/NISTRATION -
OP THE RETIREMENT SYSTEM; PROVIDING THAT THE EMPLOYEES OP THE
RETIREMENT SYSTEM SHALL BE EMPLOYEES OP:THE BOARD; PROVIDING POR
THE EMPLOYMENT AND EVALUATION OP SAID EMPLOYEES; PROVIIANC FOR THE
OPT/ON OP A JOINT SYSTEM PLAN COMMITTEE POR. THE'MANAGEMENT OP SA/D
EMPLOYEES; PROV/DING, SUBJECT TO COMM/SSION APPROVAL POR THE TRANSFER
OP SAID ADMINISTRATION FUNCTIONS TO A PROFESSIONAL PENSION ADMINISTRAT/ON;
PROVIDING FOR A UN/PORN:METHOD or ACCOUNTING AND ACCOUNTING REVIEW
BY THE DIRECTOR OF FINANCE; CONTAINING A REPEALER. CLAUSE, A,SEVERAB/LITY
PROVISION AND AN EFFECTIVE DATE1,
RALPH G: ONGIE
CITY CLERK
LOGO
- ,
=
CITY OF MMlr,f41• rLL i'.If)A
!NT ER•OFrT'C'�
TO: Joseph R. Grassie
City Manager
nines E. Gunderson
%,b irector of Finance
February 27, 1979
1.1Proposed Pension Ordinances
for Administrative Responsibility
".: FE:: C L:i
The pension ordinances designed to provide administrative control in
their respective Boards are management mine fields, to wit:
(a) Section 2-90 (3) permits the Retirement Board to employ City
personnel without being designated a department as required
under the charter.
(b) Section 2-90 (4) permits contracting to an outside professional
pension administrator. What happens to the present city em-
ployees? How can the Finance Department monitor the accounting
requirements?
(c) Section 2-90 (5) permits boards to contract for administrative
services with any department, but under section 2-90 (3) it
permits the boards to select the employees and be responsible
to the Retirement Board or Boards. This is an unconscionable
intrusion into an operating department and is not practiced in
hiring outside firms.
(d) Section 2-90 (6) permits each board to have separate employees.
This will immeasurably increase the costs.
(3) The Finance Department is required to monitor accounting methods
without the benefit of having employees to perform such a func-
tion. Unless the function is supervised daily, the accounting
function can be badly administered without the knowledge of the
Finance Department. To assure accounting compliance it is neces-
sary that the Finance Department have control, supervision and
direction.
My recommendation would be to defer action on these ordinances until further
study produces a viable alternative.
ce_P-1,7;a