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Ordinance: 13072
File Number: 09-00458
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/11/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT
PLAN/CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS' RETIREMENT
TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-196, ENTITLED
"CONTRIBUTIONS," TO INCREASE FIREFIGHTERS' MEMBER CONTRIBUTIONS
FROM SEVEN PERCENT TO EIGHT PERCENT; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 43.11 (Pension Stabilization) of the 2007-2010 Collective Bargaining
Agreement ("CBA") between the City of Miami ("City") and International Association of Firefighters,
Local 587 ("IAFF") provides for a long term stabilization goal for the City's general fund contribution;
and
WHEREAS, said goal is to maintain the City's contribution at 37 percent or less of pensionable
payroll by September 30th of each year; and
WHEREAS, Article 43.11 of the above -referenced CBA provides for a one percent increase in
firefighters' member contributions, from seven percent to eight percent, should the long term
stabilization goal not be met; and
WHEREAS, the firefighter member contribution rate of eight percent is less than the
contribution rate in effect on March 12, 1999; and
WHEREAS, the actuaries for the City and FIPO Board determined that stabilization of the City
of Miami Firefighters' and Police Officers' Retirement Trust ("FIPO") is not attainable as it relates to
firefighters;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained i the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 40/Article IV/Division 2 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:{1}
"Chapter 40
PERSONNEL
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File Number: 09-00458
ARTICLE IV. PENSION AND RETIREMENT PLAN
Enactment Number: 13072
DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST
Sec. 40-196. Contributions.
(a) Member Contributions.
Effective January 9, 1994, and thereafter, regular contributions of each member of
the retirement system shall be made each pay period at the rate of ten percent of each
member's earnable compensation. Effective the first full pay period following October
1, 1999, regular contributions of each member of the retirement system shall be made
each pay period at the rate of seven percent of each member's earnable
compensation.
(2)(4- A) Effective the first full pay period following October 1, 2000, and thereafter,
regular contributions of each member of the retirement system shall be made each pay
period at the rate of seven percent or equal to the city's contribution, whichever is less._
(2- B) Effective the first full pay period following October 1, 2000, should the member
contribution be less than seven percent, the difference between the seven percent and
the actual contribution shall be deducted from the member's paycheck and placed into
an individual contribution account (ICA), as part of the retirement system. ICA's shall
be established as allowed by IRS Code. Only if it is found that the IRS Code does not
allow for an individual account, the reduction in contribution shall be reflected in the
member's paycheck.
(3)(A) Effective the first full pay period following (the effective date of this ordinance),
and thereafter, regular contributions of each firefighter member of the retirement
system shall be made at the rate of eight percent of each firefighter member's earnable
compensation.
Effective the first full Dav Deriod followina (the effective date of this ordinance
should the firefighter member's contribution be less than eight percent, the difference
between the eight percent and the actual contribution shall be deducted from the
firefighter member's paycheck and placed into an individual contribution account (ICA),
as part of the retirement system. ICA's shall be established as allowed by IRS Code. If
it is found that the IRS Code does not allow for an individual account. the reduction in
contribution shall be reflected in the member's paycheck.
Individual Contribution Accounts.
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File Number: 09-00458
Enactment Number: 13072
(aA) Earnings. Interest on ICA's shall be determined in the same manner as the
COLA transfer methodology. Interest shall be credited periodically to the ICA's as
determined by the retirement system board's actuary, but not less than once a year.
(bB) Disbursements. Member contributions and earnings in ICA's shall be deemed
100 percent vested upon deposit. Upon the member's separation, ICA balances shall
be disbursed as provided under the IRS Code. Disbursement of ICA funds may only
occur upon separation or as mandated under the IRS Code.
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor. {2}
Footnotes:
{1) Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
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