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HomeMy WebLinkAboutO-089132/151/90) ORDINANCE NU 8g13., AN ORDINANCt AMEND/NO THE MIAMI 10tTY EMPLOYERS' RETIREMENT PLAN (ORDINANCE 5624 MAY 2) Ig56, AS AMEND14 AS APPEARINO IN CODIFIED VORM A8 PART OP CHAPTER 2 CI THE cant OP THt CITY OF MIAMI) FLORIDA4 1V571 AS AMENDED, MOkt PARTICULARLY •AMENDINO SMCTION 108 AS AMENDED) OF SAID CHAPTER 2) PROVIDING POR tHE ADMINISTRATION OF THt RtTIREMtNt PLAN; PROVIDINO THAT THE EMPLOYEES OP Tilt RETIREMENT PLAN SHALL St EMPLOYEES OP THE BOARD; PROVIDING POR THE EMPLOYMENT AND EVALUAT/ON OP SAID EMPLOYEES; PROVIDINO POR THE OPTION OP A JOINT SYSTEM/PLAN COMMITTEE POR THE MANACEMENT OP SAID EMPLOYEtS; PROVIDING) SUBJtCT TO COMMISSION APPROVAL FOR THR TRANSPtR OP SAID ADMINISTRAtION PONCTIONS TO A PROPtSSIONAL MNSION ADMINISTRATION; PROVIDING POR A UNIFORM MtTHOO OP ACCOUNTINO AND ACCOUNTINC REVIEW THR DIR8CTOR OP VINANCt; CONTAINING A REPEALER CLAUSE, A SEVERASILITY PROVISION AND AN EPPECTIVE DAM WHtREAS, the City Commission retains continuing power to amend the ordinance governing the Retirement Plan; and WHEREAS, the Retirement 'Soar,/ is deOtOUS of maintaining the highest leVel of services to members and retirees of the Retirement Plan; and WHEREAS, the Retirement Board is charged with the duty of admin- istering the affairs of the Retirement Plan; and WHEREAS, the Director of Pinance is Charged with the duty of:managing the financial affairs of the City of Miami; and WHEREAS, the Director of anance is mandated by State Statute to employ uniform accounting procedures; and WHEREAS, the administration of the .Retirement Plan 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 Plan (Ordinance No. 5624, May 2, 1956, as amended) Was not included as a portion of the new Code of the City of Miami, Florida, effective September 1, 1967, as adopted by Ordinance No. 7585 (July 25, 1967), and WEREAS. said Plan now 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 MUMS, any Addition or Amendment to said Plan an thus be made . by reference to the section designations as they appear in Chapter 2 of the Code of the City of Miami. Florida. 1957, as Amended; MCW, n, T At#E11 BY TIM CCMMtAgtON OP CM Cr MtAMt, MAIM! 8edtion 1. The Miami City Vmployeen Retirement Plan Ordinnnde. 5624, May 2, 1956, dg amended), dg appear§ in toditied 'form dg n part at Chapter 2 of the Code ot the City of Miami, PieridA4 105/4 AS aMendedg ig hereby further amended in the following particolarg! 1/ Section 2.00 Administration * * * * * * * (1) The general administration and responsibility for the operation of the retirement plan shall be vested in a board consisting of nine persons, as follows: four persofts elected by the membership of the retirement plan; one city manager; one director of tinatce; two members of the city administration, appointed by the city manager and one city commissioner appointed by the city commission4 The city commissioner so appointed shall serve only for such time as he remains a city cOmMissiOner, (2) The general administration duties ofthe Hoard shall itcludet (a) The maintenance of such records_and logs as are tecessarY for the calculation and distribution of retirement benefits; (b) The maintenance of such records as ate necessary for financial accounting and report of pension funds; (c) Answering of all correspondence bearing upon the retirement system; (d) Certifying and processing bills, statements, and applications for retirement benefits; (e) Compiling such administrative or investment information as may be required for the management of the Retirement Plan; (f) Establishing and maintaining communication with other City departments, private organization, and -other governmental units; (g) Such other functions and responsibilities as are necessary to accomplish the day-to-day management of the Retirement Plan or as otherwise required by law. (3) To accomplish the above responsibilities the Retirement Board is authorized to employ: (a) Such city employees as are required to accomplish the administrative responsibilities of the Board.- (b) .Said personnel shall be selected in the same manner as all etliat: city ;' -- 2- 1/ Words stricken through shall bp deleted. Underscored words con- stitute the amendment proposed., Remaining provisions of Section - 2.-90 are now in effect and remain unchanged, (e) Said t Eire nrt-e1 !she I _Je r .nertdibt ._t thAetireffient re tt nee r nd (4) ahitet ieddntiraVal: e t-he_d; described i subSa tl:iin..._t.2 . be ssi ned tii a t5rof es iiitiAl teen tan d nini tratan (5) r. admttt .tatitte agrjdrent m htittoeen the hod d and ACit ► thit artMent duttes des ibed in tutsteet ion _ L2, �, f an di! .fi ute..wi he entered into form _the ttl. e refetende to such d i'ee'ttienti the Cit Commission `shad let as dr-itrator tt s'et itnsdi is utel (6) to the event that the 4tetitetient S sten► hidard and the Retirement plan Board decide to have cospon eM .leyeess- „joitit coffitiiittee tthtll be foriited of equal t iY� etentation from -each board for the selection and examination of said (7) Ali accounting methods and `ecotds_;:maintained hvthe,hoard shal'1 be. key iii tile, mender .lireeeribed uby the Piterct ii,df Fine,nce_for_ a11._YCi,ty_de_d al partments anl at edunttng.woik_produet she1_1 be_ teviei1ed .by _the„Director- of Fittatice to ensure, compliance t4th..those methods. ' (8) The first meeting of the board created herein shah take place within thirty days from the date providing for the election of members to said board 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 fortyfive 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 shall be elected for a term of two years commencing January first and terminating two years thereafter on December thirty,first. (10) Qualifications for candidates and.arrangementsfor secret ballot elections shall be promulgated 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) Each member of the board shall be entitled to one vote. Five concurring votes shall.' be necessary for a :decision.by the members of the board and five members shall: constitute a quorun of the board. rd ten hrulliiall bt! deleted. Underscored words constitute the Amendment proposed. Remaining provisions,of Section 2-90 are now in effect and remain unchanged. 0 5) ° ubJt+`t tt t herein Ccntdintd1 t1ttbtidrd may from time tit time ettdbligh such tales dnd regulations .ds mdy be ne essary f'or tht tfficitnt tdntiflistratidon of tht Platt. (16) The board -shall seletrt a vievithairmdrt from its etemberai ship and shall Appoint A sttretdry Who May dr tray net bd A member of the board, al) the board shall ker p iti convenient form such date as Shall be needssary for actuarial evalrtatian'of thrr various'funds o€ the retirement system and for checking the experience of th`e retirement system. (1$) the board shall keep a rocerd of all of its proceedings; whi h shall be open to public itjspection. The minutes of the retirement board shall reflect a complete and comprehensive account of the discussions and actions 'taken by the retirement board. (19) The board shall :submit to the city comtnissiort annually a report showing the fiscal transactions bf the retirement plan for the year ending on the preceding December 21st, the amount of the accumulated cash and' securities of the system and the -last baiatte'sheet showing the financial condition'of,the plan by means of actuarial valuation of'the assets and liabilities of the plan. Said,informattbnand-reports shall be submitted to the city commission no later than July first of each year, commencing in 1975, (20) The board'shail' 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 he -directly responsible to the board. The contract providing for employment of the actuary shall be subject 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 its duties. Each applicant for disability retirement shall be. referred to said physician for examination, evaluation and report. Such physician shall be authorized to refer the applicant to.a special- ist or specialists, at his discretion from a list approved by the board.. Said specialist.or specialists shall report their findings and conclusions to the physician inHwriting. 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 tables the: actuary shall make annual actuarial valuation of the assets and liabilities of the funds of the retirement plan. (Code 1957, Sec, 2-108; Ord, No. 7288, Sec. 1; Ord. No. 7292, Sec, 2; Ord, No, 7679, Sec, 1; Ord. No, 8008, Sec. i; Ord, No, 8364', Sec, 1), Section 2. if any section, sentence, clause, phrase or work of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such hording or invalidity shall not affect the remaining ,portions of this Ordinance, and it ;shall not he ,construed to have begin tho intent of the Commission of the City of Miari to pass this Ordinance without such unconstitutional, invalid or 4= indpurctivd part thrdin; and thd remainder a t'hi rd .nnnec 4ttdP the exclusion of au&h part or parts nhaii hd ddemed and held to he valid de if midi parte had ntlt bdcn inciuddd therein, PASSED ON f'tEET REAM NO EY TITLE 'WILY TR February 1979. 2 day of PASSEb ANb A;OPTED ON SECOND ANb FINAt, EEA1ltNd SY TITLE ONLY tests 8 by of MARCH 1979. /s/ MAURICE A,,FERRE MAYOR CITY PREPARED, AND APP OVED BY! MICHAEL HAYGOOD 4 ASSISTANT CITY ATTORNEY APS TO FORM AN ORRECTNESSJ GE+RG . '. KNOX, JR. CITY ORNEY t ROAll NOTICE Ltl interested will take notice that en the Rth day of Mardi WM the 'City Consission of Miami. Florida paased and adopted the hawing titled ordinance: ORDINANCE N(L -8913 AN ORDINANCE AMEND/NO THE MIAMI CITY EMPLOYEES' REMEMENT PLAN (ORDINANCE 5624 MAY 2, 1956, AS AMENDED), AS APPEARING IN CONFIED'PORM AS PART or CHAPTER 2 OP THE CODE OP THE CITY OP MIAMIt FLORMA, 1057, AS AMENDE0,MORE PARTICULARLY AMEND/NO SECTION 108 AS AMENDEDy OP SAID CHAPTER 21 PROVID/NG POR THE ADMINISTRATION OP THE RETIREMENT PLAN; PROV/D/NG THAT THE EMPLOYEES 0. THE RETIREMENT PLAN SHALL SE EMPLOYEES OP THE BOARD; PROVIDING FOR THE EMPLOYMENT AND EVALUATION OF SAID EMPLOYEES; PROVIDING ?OR THE OPTION OP A JOINT SYSTEM/PLAN COMMITTEE VOR THt MANAGEMENT OP SAID EMPLOYEES; PROVIDING, SUBJECT TO COMMISSION APPROVAL. FOR THE TRANSFER OF SAID ADMINISTRATION FUNCTIONS TO A PROFESSIONAL PENSION ADM/NISTRAT/ON; 'PROVIDING POR A UNIFORM METHOD OFACCOUNTING AND ACCOUtitING REV! BY THE DIRECTOR OP FINANCE; CONTAINING A REPEALER CLAUSE A SEVERABILITY PROVISION AND AN EFFECTIVE DATE.' RALPH G. ONGIE CITY CLERX LOGO =:= MIMt IVVgW OD DA otterre Daily 'ettcont tatu?day,Sunday t Legal Ablidavt -Oafish bade cout6. Ioid rstAt.c LOPibA, COUNTY lit bAbt iletare 'the Lindertigned -aufhOtity -pertonally Oared itt..,,tot who ii OtiffitayS that she it the Ditortot 0 Leval A dverilSing o MIAMI PeyieW and 'Deng. 'Record, a daily (extent Sgturday, Sunday and Leg& 'HolidayS) hOWSPatier: Ptiblithed eff Miatht Dade teunty, Plbride; thatihe atteChed copy oadver• likerhent beind a Legal AdyerfiseMent or Notice ifi the Of Or IttAMt Re: Otdinance Nds 8911 ifi the ,. Court. vvas Published in said riewspaper'in the issuet of • Match 15 1979 • Attiaht f firth& says that the Said .Miarni keyless. and baity Record is a newspaper published at Miarni, Said bade CoUnty, Plot Ida, and that the said newspaper has hetelotere been continuously Published in said bade County. Florida. each day textePt Saturday, Sun- day and Legal Holidays) and baS been entered as • • second ClaSs•mall Matter at The post ()Hite in Miami, Said Dade County, lotida, for a period of one year next preceding the first publication of the attached coy ot advertisernent; and afflatit further says that she has neither nor ptorniSed any person, firm or corpora- tion an dis ount, rebate. cometiltSion or refund for the ourpo of ecuring this a SeMent for publication the newspaper, ISAL.)• My Commission ex MR•69 et MIA ithbt Oust*, t tittAt, tliittet - - Att itteitfid itilliat4 halite that an.the im 6iNtirtii,jiii4 the COY COMMIS:Win it MIAMI, PlOttde -Patted Mid laddled the :101i61v(tld . titled PI`Ofitei. 1 - ,' :".• ..-., .. .. . . . . . . „. .... .. _ . ...,...: . , . ., • 1 r '' ' . ' ' OtOtNANCt NO. ti,ii _ .... .. : ,:','• '.:..:. ; AN ,CillbiNANA:Mt NDiNd ..4i4i-:MIAMrtit4:.' tMPLOYttt, OttlittMtNt 'PLAN 160,b1NA'Ntt:St2.4 , MAY 2, OM, A AMENDEb),_':At-APPtAkiNt. IN tOtiiPitb -- , • ' . PORM At •PARt.bP..ei4APIIP, 2 tHt tbbt tA .;_tity,of.JDAMI...._...PLOPitSki§s1,-.At,-AMtNbtb,,,MORt ' 7 ' PAitiloCiLariaRigNt51111tetleitietArA, tsittittle97-----. - • OP.SAIDC1-4APItta_PROvit)1146-POR,fiNtAbMINISIOA: lit* OP 1.14E- stettlitMtNt.,PLANt.ObtiesVibit46.114At tNt•t-MPLOYttgrOP 'Olt kttilitMBNfir PLAN HALL ' BE tmoovets.0,31-le rsomthOmovib4o:e•RAHE: . . moLov.tiikeNt ANO E:VAL-11AtION—OP-...tAtb .'." eMPLOYEEtt PlIOVIOINO POO THE:60116N ''C, -A JOINt ., • . SYSTEMIPLAN cOMMITttB.•POR, tHt .MANA6tMtNt oP sAib EMPLOYtes; PROsmOiNai•sUttitct Tb-COM, MISSION APPROVAL POR'tHEtkANtPtfk 00.-sAib..AD=.• • - WilNISTRATION FUNCTIONS TO:A PROPtSSIONAL.PtN-L SION .Abmit410•R4tiON;HPROVibitvo FOR A UNIP,ORM, •. . MB11400 OF ACCOUNTiNO ANO_AtcouNtNO RvieW,' ,. BY THE btkBctOR OP• PiNANCE; CON-1-AININA ROLER.-ct.AuSE, A-stveRABILITy PROVISION ANts- AN EFFECTIVE OATE, - -, , - .. - .•. - . , , , . _ - " . . . . . • , RALPH 0oNOI't ' ,.. • - :: • . . • • CITY CLERK . - . . . Publication ot.this'Notice on the 15 day ot Marth, 1479,-,.,," - .- v s - . , • .• - M903ISO7