HomeMy WebLinkAboutExhibitTentative Agreement
IAFF, Local 587
Revised Articles
Article 6
Article 18
Article 23
Article 36
Article 43
Article 47
Article 48
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AGREEMENT
BETWEEN
CITY OF MIAMI, FLORIDA
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
LOCAL 587
OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010 2011
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ARTICLE 5
PREVAILING BENEFITS
5.1. Job benefits heretofore authorized by the City Manager, continuously
enjoyed by all employees covered by this Agreement and not specifically provided
for or abridged by this Agreement, shall continue upon the conditions by which
they had been previously granted.
5.2. This Agreement shall not be construed to deprive any employee of
benefits or protection granted by the laws of the State of Florida, ordinances of the
City of Miami, or resolutions of the City of Miami in effect at the time of execution
of this Agreement.
5.3. The City and the Union will meet at the request of the City to
negotiate any proposed changes in those rights and benefits not specifically
covered by the Agreement, provided however no changes shall be made in the
language or intent of this Agreement except by mutual consent.
ARTICLE 6
MANAGEMENT RIGHTS
6.1. It is understood and agreed that the City possesses the sole right to
operate the Fire Department and that all management rights are expressly
reserved to the City of Miami, but that such rights must be exercised consistent
with the provisions of this Agreement. These rights include, but are not limited to,
the following: discipline or discharge for just cause; direction and supervision of
all personnel; the hiring, the assignment or transfer of employees; determination
of the mission and objectives of the Fire Department; determination of the
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methods, means, and number of personnel needed to carry out the Fire
Department"s missions and objectives; introduction of new or improved methods or
facilities; and scheduling of operation and shifts.
6.2. The parties agree that it is in the interest of all parties to jointly
gather as many prior Memorandums of Understandings (MOUs), grievance
settlements, and other agreements, etc. in order to establish a Book of
Understandings (BOU). The purpose of the BOU is to have an easily referenced
resource manual on agreements, settlements, verdicts, binding decisions, etc.
between the City and/or the Fire Department and the Union. The parties shall
immediately, upon ratification, start the process of gathering the MOUs, etc. in
order to establish the BOU.
6.3. The parties also agree that in no way should this BOU and the
agreement to set up this BOU, limit the rights of the Union and its membership
under Article 5: Prevailing Benefits.
6.4. The parties agree to continually update the BOU when new MOUs
are entered into between the parties, or other binding decisions or agreements are
generated or found.
te=a 6.5.The parties agree that the BOU shall be established by September
30, 2011. Any previously existing MOUs not incorporated into the BOU by
September 30, 2011 shall be null and void.
ARTICLE 7
UNION REPRESENTATIVES
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WAGES
18.1. Effective the first full pay period following the dates indicated below,
bargaining unit employees will receive, subject to the provisions of this Article,
across-the-board wage increases as follows:
October 1, 2007 . 5%
October 1, 2008 5%
• MG. .
18.2. Effective the first full pay period followinFthe date indicated below,
bar fining unit employees' annual salary will receive an across -the board wage
decrease as follows:
October 1, 2009 2%
18.3. Employees hired after October 1, 2009, who are not rehired
firefighters as outlined in this article, shall be hired at ten percent (10%)
below step 1 and shall remain at ten percent (10%) below the step 1 rate
for a period of six (6) months. Upon completion of the 6 month period, the
firefighter probationary employee shall be paid as reflected in step 2 of
Appendix A.
4-9.4. 18.4 Effective October 1, 2006 bargaining unit members will adhere to new
salary schedules, as outlined in Appendix A, including a new step raise plan as
described below.
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Bargaining unit members, holding the rank of Firefighter, shall receive
2.5% pay increases for each step. Step 2 shall begin with six (6) months
employment, and each subsequent step shall be .given every six (6) months
through Step 17. An additional 2.5% for Step 18 pay raise shall be at the
completion of year nine (9) of employment.
The current promotional pay differential between ranks shall continue to
apply, plus bargaining unit members holding the ranks of Lieutenant,
Captain, or Chief Fire Officer shall receive 2.5% pay increases for Steps 2
through 12. The Step 2 pay raise shall begin with six (6) months
employment, and each subsequent step raise shall be given at the
completion of each six (6) months through Step 12. Step pay increases shall
be 3% starting with Step 13, which shall begin at the completion of six (6)
years of employment, and continue to be given at every six (6) month
interval through Step 18. At the completion of year nine (9) of employment
a Step 19 raise of 2.5% shall be given.
All bargaining unit members shall receive longevity raises at the completion of:
10 years of continuous service — 5%
15 years of continuous service — 2.5%
16 years of continuous service — 2.5%
20 years of continuous service — 5%
21 years of continuous service — 2.5%.
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For those bargaining unit members hired after September 30, 2007, city
service time as a part-time or temporary employee shall not be included for
purposes of determining eligibility for longevity increases.
18.4.5 Effective the first full pay period following October 1, 1993, active
bargaining unit members shall receive Fire Prevention pay in the amount of
$76.92 biweekly. Fire Prevention pay shall be subject to pension deductions and
applicable federal taxes and shall be included in calculating an employee's average
earnings for pension purposes.
All hours of leave of absence without pay shall be deducted from the Fire
Prevention payment on the basis of $.96 per hour for forty (40) hour employees,
$.80 per hour for forty-eight (48) hour employees and $.74 per hour for fifty-two
(52) hour employees.
18.5 6 Effective the first full pay period following October 1,2006 any pay
supplements not equivalent to a five percent (5%) pay step shall be paid to the
eligible employees as a separate pay item, unless otherwise specified in this
Collective Bargaining Agreement.
18.E 7 -Effective September 27, 1993, any City of Miami employee, unless a
former fire bargaining unit employee as specified in Section 18.7, that transfers or
is hired as a firefighter into the Fire Department as a uniformed bargaining unit
employee shall be placed at the firefighter wage rate as specified above in Section
18.2.
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18.-7-- 8 Former fire bargaining unit employees who left the employ of the
Fire Department under honorable conditions and who have been approved by the
Fire Chief shall be placed on a reemployment list, provided the former firefighter
is a State certified firefighter. The reemployment list shall be considered separate
from the eligibility list for new hires.
Those on the rehire list may be hired by the Fire Chief as openings occur
without regard to the eligibility list for new hires. In addition, the following shall
apply:
A. In accordance with State certification requirements, eligibility
shall be limited to three (3) years following the effective date of
resignation.
B. Under conditions set forth above, any former permanent fire
bargaining unit employees having one (1) to four (4) years, and
eleven (11) months of previous continuous service as a firefighter
will be placed at Step 1 of Salary Range 24 (48-hour shift) of the
Firefighter classification. Former permanent fire bargaining unit
employees having five (5) or more years of previous continuous
service will be placed at Step 5 of Salary Range 24 (48-hour shift)
of the Firefighter classification.
18.9 All changes in salary because of promotion, demotion, merit step
and/or longevity increase, etc., shall begin to accrue the effective date of the
change, but actual payment for the same shall not be made until the first full pay
period following the effective date of the change.
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18.10 Effective the first full pay period following January 1, 1999,
bargaining unit member's shall receive, in recognition of their efforts in generating
new revenue, a "revenue incentive" wage payment of three and seven tenths (3.7%)
percent.
The revenue incentive wage payment shall be segregated on the employees
paycheck stub so employees realize the pay is based upon their performance. The
revenue incentive wage payment will not be rolled into any pay supplements.
18.4-0. 11 Leaves of absence without pay or suspension of any duration shall
cause the effective date of the longevity and anniversary date to be deferred by the
same number of calendar days embraced by said leave. This break in pay shall not
be considered a break in continuous service.
18.4- 12 Any bargaining unit employee upon normal retirement from City
service, or separating under honorable conditions, who has served for a period of
twenty-five (25) years or more, shall be granted, at the time of his/her normal
retirement or honorable separation, one hundred seventy-three and three tenths
(173.3) hours of pay if on a forty (40) hour work week and two hundred eight (208)
hours of pay if on a forty-eight (48) hour work week.
18.313 Effective October 1, 2006, bargaining unit members shall have
their base salary increased if certified as specified below by the percentages
listed. New employees hired after October 1, 2009 will not be eligible for the EMT
or Paramedic Certification pay as outlined in this article until comiletion of the
first six (6) months of employment.
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State Certified EMT (non Paramedics) - 5%
State Certified Paramedic - 14%
Effective October 1 2009 State Certified EMT's shall have their pay reduced as if
their base pay had not been increased by a five (5%) and shall have the State
Certified EMT five (5%) carried as a supplemental pay item. State Certified
Paramedics shall have their pay reduced as if their base pati had not been
increased by nine (9%) and shall have the State Certified Paramedic fourteen
(14%) carried as a nine (9%) supplemental pay item and a five (5%) base pay
increase. Effective January 1, 2008, any State Certified Paramedic who is
restricted from using their Paramedic License by the Medical Director for failure
of Protocol Testing shall be subject to a reduction in Paramedic pay. The manner
and amount of reduction shall be mutually agreed upon by the Union and the Fire
Chief, but in no case shall the parties agree to an amount less than EMT pay. Any
reduction in pay shall not occur less than six (6) months after the restriction is
first applied. The parties agree to further discuss the Protocol Testing and
remediation procedures.
18.14 Effective October 1, 2006, employees who are State Certified
Paramedics or State Certified EMTs permanently bid into Advanced Life Support
positions on ALS apparatus (Rescue or Paramedic Pumpers), will have their base
pay increased six percent (6%) for Rescue assignment pay. Effective October 1.
2009, employees who meet the criteria for ALS Rescue Assignment Pay shall have
their pay reduced as if their base pay had not been increased by one (1%) percent
and shall have their six (6%) percent ALS Rescue Assignment Pay carried as a one
(1%) supplemental pay item and a five (5%) base pay increase. Lieutenants
assigned to swing or unassigned in the Emergency Response Division (ERD) will
receive the Rescue assignment pay.
18.44--15 Effective October 1, 2006, any person covered by this Agreement
who is required to ride in an ALS position (all positions on Rescues, and ALS
positions on paramedic Fire apparatus) who is not receiving ALS assignment pay
shall be paid six percent (6%) above their current hourly rate for all hours worked,
provided they ride in that capacity for a minimum of four (4) hours. Probationary
Fire Fighters will not be entitled to receive ALS Acting Pay.
18.4416 Effective October 1, 2006, bargaining unit members shall receive
an additional increase for using certifications specified below by the percentages
listed. Any increases or ,decreases in the number of positions that receive any of
the certification increases listed below shall be agreed upon by the Department
and the Union by mutual agreement.
Hazardous Materials Technician assigned to the
Hazardous Materials Team ................................................... 5%
State Certified Fire Service Instructor assigned to
Instructor positions .......................................... .....................5%
State Certified Fire Inspector assigned to the Fire
Prevention Bureau............................................................... 5%
N.A.U.I. or P.A.D.I. Certified divers assigned to
theDive Team..................................................................... 5%
Employees assigned to the SWAT Team .................................. 5%
Members assigned to the Technical Rescue Team completing 120 hours of
department approved training 5%
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18.1917. Upon ratification of this agreement, bargaining unit members who
currently have, or successfully obtain, a college or university degree shall receive
an annual incentive bonus. This incentive shall be prorated and paid on a bi-
weekly basis. Bargaining unit members shall only be credited for the single
highest Educational Degree. The incentive shall be paid as outlined below:
Associate's Degree $1,200
Bachelor's Degree $2,200
Master's Degree $3,200
Juris Doctor, Ph. D, Ed. D, M.D $4,200
18.1718. The City hereby knowingly, intelligently, and unequivocally
waives its right not to fund any year of this Agreement. The only exception to this
waiver is in the case of a "true fiscal emergency," which is unanticipated at this
time.
In order for the City to establish a "true fiscal emergency" so as to lawfully
not fund any year or years of this Agreement, the City must demonstrate that
there is no other reasonable alternative means of appropriating monies to fund the
Agreement for that year or years.
Not with standing any other article of this Collective Bargaining
Agreement, the City hereby specifically agrees that any disputes concerning the
application or interpretation of the funding of the contract will be resolved through
the grievance arbitration, procedure of this Agreement.
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If an arbitrator determines that the City has breached its funding
requirements under this Agreement, the parties jointly confer upon the arbitrator
jurisdiction to order the City to appropriate the necessary monies to fund the
Agreement. This also applies to any enforcement proceeding under Chapter 682,
Florida Statutes.
This article applies to any status quo period following the expiration of this
contract.
ARTICLE 19
VACATION TIME
19.1. Base vacation hours shall be one hundred forty (140) hours (96 hours
for 40 -hour employees). Longevity vacation on the sixth, seventh, eighth, ninth
and tenth year of employment will be granted at the rate of ten (10) hours per year
longevity vacation. From the eleventh year on it will be granted at the rate of five
(5) hours per year. Employees who retire upon normal service retirement (Rule of
64 or Age 50) may, at their sole discretion, make an irrevocable election in the
calendar year prior to the calendar year in which the employee severs service from
the City of Miami to convert any portion of their accumulated vacation time to sick
time at the time of severance of service.*l
19.2 The following will apply to the scheduling of vacation:
A. The vacation time multiplier for scheduling vacations shall be
1.25.
I `Any vacation time balances that are converted to sick time under provisions of Article 19.1.above
shall be added over and above the 1200 hour limitations set forth in Article 44.6
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consideration of receiving overtime pay, the employee shall promptly assign to the
City any witness or deposition fees received, and mileage allowance, if any. This
Article shall not apply in legal disputes where one member of the bargaining unit
sues another member of the bargaining unit covered by this Agreement.
21.3. Attendance in court in response to a legal order or subpoena to
appear and testify in private litigation, not in connection to an employee's official
duty, but as an individual, shall be taken as. vacation, compensatory leave, or leave
of absence without pay.
ARTICLE 22
WORKING OUT OF CLASSIFICATION
22.1. The City agrees that any person covered by this Agreement who is
required to accept the full responsibilities and carry out the duties of a rank above
that which he normally holds shall be paid at the hourly rate of one (1) step above
his current rate in his regular classification while so acting, provided he works in
that capacity for a minimum of four (4) hours.
22.2. The Fire Chief or his designee may at his sole discretion select the
best -qualified employee to serve in a classification higher than the classification in
which he has Civil Service status. The employee will serve in this capacity for
such periods of time as best suits the needs of the Fire Department as determined
by the Fire Chief or his designee.
ARTICLE 23
HOLIDAYS
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23.1. The following days shall be considered holidays:
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Martin Luther King's Birthday
Columbus Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
23.2. Any additional holidays declared by official resolution of the City
Commission shall be added to the above list.
23.3. New Year's Day, Independence Day, Veterans Day, and Christmas
will be on January 1st, July 4th, November 11th, and December 25th, respectively.
However, those bargaining unit employees who work 40 hours per week will
observe the above four (4) holidays on the same dates as do the non -uniformed
employees of the City.
23.4. Any employee covered by this Agreement, in pay status, at the time
the holiday occurs, shall, at his option, if assigned to a twenty-four (24) hour shift
(48 or 52 hour work week), be paid for ten (10) hours at his regular rate of pay or
receive ten (10) hours of compensatory time, or if assigned to a forty (40) hour
work week be paid for eight (8) hours of compensatory time or be paid eight (8)
hours at his regular rate of pay.
23.4: 23.5 For Colombus Day and Veterans Day for years 2009 and
2010, holiday pay shall be reduced by 6.4 hours for each Holiday for
all bargaining unit members. For anv members not earning any
holiday time for these holidays, they must donate the equivalent
number of hours of time banked.
23.,56. It is agreed and understood that premium pay for work performed on
a holiday shall be calculated as one-half of the actual time worked. An employee
who works an eight (8) hour shift on which the holiday occurs, shall receive four
(4) additional hours as premium pay; an employee who works a sixteen (16) hour
shift on a given holiday shall receive eight (8) additional hours as premium pay;
and all employees whether they are off or on duty on the day on which the holiday
occurs shall receive ten (10) hours for the holiday. The ten (10) hours, plus the
premium pay as defined above is payable in cash or earned time at the employee's
option according to the following:
Any additional holiday time declared by the City shall be
considered under the holiday option of cash or earned time for
the actual amount of time so declared as holiday; premium pay
shall be calculated as one-half the actual amount of time
worked for such additional holiday time.
ARTICLE 24
EARNED PERSONAL LEAVE (FLOATING HOLIDAY TIME)
24.1 Effective January 1, 2003, earned personal leave shall no longer be
credited to bargaining unit members and shall cease as available leave
time. (Note: earned personal leave incorporated into vacation
leave).
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or counsel is present, he shall be only an advisor and shall not
have the right of cross-examination.
34.2. The above shall not apply to investigations and review of infractions
of non -criminal City and Departmental Rules and Regulations provided, however,
any employee covered by 'this Agreement who is disciplined as the result of the
alleged violation of City or Departmental Regulations, Rules or Policies shall have
the right to have Union representation present if he or she desires it. If such
meeting occurs between 9:00 a.m. and 5:00 p.m. on normal Monday through
Friday business days the employee shall be allowed two (2) hours to have Union
representative present. If such meeting occurs at times other than, those
described above, the employee shall be allowed four (4) hours to secure Union
representation. The Union representative shall be an advisor to the employee and
shall not have the right to cross-examination.
ARTICLE 35
RESIDENCY
35.1. It is agreed that while residency is not a condition of employment a
candidate that is otherwise qualified may be given, at time of hire, preference for
employment in order of domicile as follows: (1) City of Miami resident, (2) Dade
County resident, (3) resident outside of Dade County.
ARTICLE 36
SHIFT STRENGTH
36.1. Effective upe=r ratifieation of the agreement October 1, 2009, the
department shall maintain a minimum of one hundred forty three (143) uniform
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personnel on duty per shift, which also includes one (1) Air Truck Driver, Car 74,
and FCIO.
ARTICLE 37
STATION COMMANDERS
37.1. All Station Commanders shall receive a one percent (1%) increase in
wages. Openings for Station Commander after this Agreement becomes effective
shall be filled in the following order:
A. The senior in grade Captain assigned to the station requesting
the assignment.
B. If no requests are made, the least senior in grade Captain
assigned to the station shall be the Station Commander.
ARTICLE 38
TOTAL AGREEMENT
38.1. The parties agree that this Collective Bargaining Agreement
represents the total agreement during the life of this contract, and no requests
shall be made to increase the cost of wages, hours, and working conditions through
the Civil Service Board, City Manager, the Mayor, or. the City Commission during
the life of this Collective Bargaining Contract.
ARTICLE 39
REPRESENTATION OF THE CITY
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herein, regardless of their position or association with the Union, shall be deemed
unauthorized and shall have no weight or authority in committing or in any way
obligating the Union.
40.4. It shall be the responsibility of the Union to notify the City Manager
or designee in writing of any changes in the designation of the President of the
Union or of any certified representative of the Union.
ARTICLE 41
AGREEMENT IN THE EVENT OF TRANSFER
41.1. The City agrees that in the event of a transfer of the Fire Department
or its functions to Miami -Dade County, all the rights and benefits of the
transferred employees guaranteed under this Agreement shall be continued for the
term of this Agreement.
ARTICLE 42
SAVINGS PROVISION
42.1. If this Agreement or any provision, section, subsection, sentence,
clause, phrase or word of this Agreement is declared invalid by a court of
competent jurisdiction, the remainder of the Agreement shall remain in full force
and effect. The parties will meet, promptly, to negotiate replacement language in
accordance with Chapter 447, Part II, Florida Statutes.
ARTICLE 43
PENSION
43.1. Employee pension contributions
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A. Effective the first full pay period following October 1, 492009,
employee contributions will be redue^d to ^^�nine (9%) percent
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B. in futuFe years, eEmployee contributions to fund pension benefits
shall be =nine (9%) percent {7P) or equal to the City's
contribution, whichever is less. The Employee Contribution may
increase in accordance with section 43.11 of this article.
43.2. Individual Contribution Accounts (ICA's)
A. Should the employee contribution be less than seven percent (7%), the
difference between the seven percent (7%) and the actual contribution
shall be deducted from the employee's .paycheck and placed into an
individual contribution account, as part of the FIPO Trust.
Individual contribution accounts shall be established as allowed by
the 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 employee's paycheck.
1. 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 FIPO
Board's actuary, but not less than once a year.
2. Disbursements: Employee contributions and earnings in ICA's
shall be deemed one hundred percent (100°/x) vested upon
deposit. Upon the employee's separation, ICA balances shall
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be disbursed as provided under the IRS Code. Disbursement of
ICA funds may only occur upon separation or as mandated
under the IRS Code.
43.3: 43.3El1g1b1l1ty Rule of 64 or Rule of 68- An employee may elect service
retirement on the basis of his or her combined age and creditable service
equaling sixty-four (64) or sixty-eight (68), provided the employee has
reached minimum vesting requirements. The Rule of 64 shall apply to any
firefighter member whose combined age and length of creditable service is equal to
or greater than 64 on or before Seiptember 30, 2009. Rule of 68 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 equaling at least 68. The Rule of 68 shall only
apply to firefighter members whose combined age and length of creditable service
are less than 64 on or after' beptemDer ou, 2009
43:4: 43.4 Employees eligible for service retirement under Section 40-203 of the
Miami City Code shall be entitled to:
A. Retirement Allowance.
1. Effective October 1, 1998, an employee shall be entitled to
receive a retirement allowance equal to three percent (3%),
times years of creditable service of the employee's average final
compensation for the first fifteen (15) years of service and 3.5%
for each year of service in excess of fifteen (15) years of service.
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2. Upon ratification of the labor agreement employee retirement
allowances shall not exceed one hundred percent (100%) of the
employee's final average compensation.
43.5. Deferred Retirement Option Plan (DROP) - The DROP of the Retirement
System shall consist of a Forward DROP and Benefit Actuarially Calculated
DROP (BACDROP).
GENERAL PROVISIONS
A. Eligibility
1. Any firefighter who has reached age fifty (50) with ten (10)
years of creditable service, or who has attained a combination
of age plus years of creditable service equal to sixty-four (64) or
sixty-eight (68), shall be eligible to participate in the DROP.
B. Election to participate
1. Upon election of participation in the DROP, by using forms and
procedures as prescribed by the Board of Trustees, a
firefighter's creditable service, accrued benefits, and
compensation calculation shall be frozen and shall be based on
the single highest year preceding participation in the DROP, as
the basis of calculating the DROP payment. Upon
commencement of participation in the DROP, the employee
contribution and the City contribution to the Retirement
System for that employee shall cease, as the employee will be
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earning no further service credit. The employee shall not
acquire additional pension credit for the purposes of the
pension plan but may continue City employment for up to a
maximum of f rty eight 48)fifty-four (54) months.
Maximum participation
1. The maximum period of participation in the DROP, is &rty-
^i ght (48� fifty-four (54) months. Once the maximum
participation has been achieved, the bargaining unit member
must terminate employment, e-ee�t that these bar -gaining um-it-
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D. Creation of individual account
1. For each person electing participation in the DROP, an
individual account shall be created.
E. Earnings on DROP account
1. The Board of Trustees of the Retirement System shall
establish, by administrative rule, a series of investment
vehicles, which may be chosen by participants in the DROP.
Any losses incurred on account of the option selected by the
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participant shall not be made up by the City of Miami or the
FIPO trust fund, but any such loss shall be borne by the
participant only. Upon participation in the DROP, the member
shall make a selection of the earnings program on forms
provided by the board. All interest shall be credited to the
employee's DROP account.
F. Distribution of DROP benefits
1. Upon conclusion of a period of participation in the DROP not to
exceed the maximum set forth in Section 43.5. C, the member
shall terminate employment. Upon termination of
employment, a member may receive payment from the DROP
account in the following manner:
a) Lump sum distribution;
b) Periodic payments;
c) An annuity;
d) Rollover of the balance to another qualified retirement
plan.
2. A member may defer payment until the latest date authorized
by Section 401(a)(9) of the Internal Revenue Code.
G. Disability or Death during DROP participation
1. Disability - A DROP participant shall not be entitled to receive
an ordinary or service disability retirement.
2. Death - In the case of the death of a DROP participant, there
shall be no accidental death benefit for pension purposes.
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This article shall not affect any other death or disability benefits
provided to a firefighter under federal law, state law, City ordinance,
or this Agreement.
H. COLA participation
1. Eligibility for payments for cost of living adjustment (COLA)
shall not commence until a member has actually separated
from employment with the City. COLA service years shall be
based upon creditable years of service in calculating the
employee's pension. For the purpose of complying with Section
H(3)(m) of the Amended Final Judgment in Gates, the
employee's "Date of Retirement" shall be the date of actual
termination of employment as a firefighter with the City of
Miami and not the date of election to DROP.
I. Any employee who enters into a DROP agreement shall be bound by
the terms and conditions of that said agreement, except as specified
under Section 43.5. C, above.
43.6. FORWARD DROP
A. The date of entry into the FORWARD DROP shall be the beginning of
a pay period. Payment shall be made by the retirement system into
the employee's DROP account in an amount equal to the regular
monthly retirement benefit, which the member would have received
had the member separated from service and commenced the receipt of
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benefits from the system. The amount of the monthly benefit shall be
determined based on the creditable service, average final
compensation, and retirement option selected in accordance with
Section 40-203(m) of the Miami City Code. Upon conclusion of a
period of participation in the DROP not to exceed the maximum set
forth in Section 43.5. C, the member shall terminate employment
with the City of Miami.
Election of a FORWARD Drop Program precludes participation in a
BACDROP Program.
43.7. BACDROP
0
Eligibility: Effective upon ratification of the labor agreement an
employee may elect to BACDROP to a date no further back than the
date of their retirement eligibility date. The BACDROP period must
be in twelve (12) month increments, beginning at the start of a pay
period, not to exceed forty eight (48) months. Participation in the
BACDROP does not preclude participation in the FORWARD Drop
program.
The benefits for purpose of the BACDROP will then be actuarially
calculated to be the equivalent to the benefit earned at the date of
retirement. Said calculation will consist of the present value of
benefits being equal to the actuarially reduced benefit, plus a lump
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sum with interest, as determined by the Pension Board's actuary.
Employee contributions will not be returned for the period of time
covered by the BACDROP Program.
C. Lump Sum. The lump sum as calculated by the Board's actuary will
be based on the assumed investment return of the fund without
discount for mortality and deposited into the newly created DROP
account.
43.8. Investment Expenses: Effective as of the actuarial valuation for October 1,
1998, the investment return assumption shall be net of any investment expense
assumption.
43.9. Leave Balance Payoff Options. Employees electing to retire may select one of
the two following leave balance payoff options:
A. Payment of leave balances upon retirement as currently specified
under the labor agreement and/or leave payoff practices.
B. The City shall fund up to a maximum of three (3) whole creditable
service years for the employee based upon the value of the employee's
available leave balance at time of retirement less required
withholding taxes at present value as actuarially determined for each
individual employee. Employees may also purchase three (3) whole
creditable service years by payment of cash to the Pension Trust or a
tax qualified transfer of funds from a members 457 Deferred
Compensation Plan at present value as actuarially determined for
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each individual employee. In no case shall a member purchase more
than three (3) years of service through any combination of the above
provisions. The hourly rate for calculation of the leave balances shall
be as specified under the labor agreement and or leave payoff
practices. The purchase of service years under this option may not be
utilized for serviced Rule of 64 or 68 retirement eligibility.
C. Effective October 1, 2007, the purchase of creditable service will be
allowed only immediately prior to retirement including those
members electing to participate in either the Forward or BACDROP.
43.10. Balance Transfers.
A. Members may elect to transfer funds from their account in the Miami
Firefighters' Relief & Pension Fund (175) to the FIPO Trust to
purchase the allowed time described in Article 43.9. This provision
shall also be allowed for those members electing to participate in the
DROP plan (both forward and BACDROP). The pension ordinance
shall be modified to reflect this change.
B. The rollover of DROP funds into the Miami Firefighters' Relief &
Pension Fund (175) shall be allowed if rollovers of this type are
approved by the Miami Firefighters' Relief & Pension Fund (175)
trustee board.
43.11. Pension Stabilization.
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A. The Union and the City agree to pursue, the creation and implementation
of a funding plan for the FIPO retirement system. The goal of such
funding plan is the long term stabilization (no less than ten (10) years) of
the City's general fund contribution to thirty seven (37)% or less of
pensionable payroll by September 30th of each year. If the City's
contribution is less than 34%, the excess dollars should go to fund the
pension stabilization fund until such time as the actuaries determine the
Pension Stabilization Fund is considered reasonably actuarially sound to
stabilize the City's contribution for 10 years.
B. In addition, the City shall establish a manner to ensure that the
appropriate dedicated funds are reserved with the intent to stabilize the
City's annual pension contribution. It is agreed that these monies will be
in Trust with the sole purpose of stabilizing the City's annual pension
contributions.
C.. If the City's actuary and the FIPO Board actuary agree that the goal is
met by the deadlines, as outlined below, then sections D, E, F or G below
will not apply. If there is a dispute on whether or not the goal was met in
a timely manner, the dispute shall be resolved by using the same method
as outlined in Article 43.12. However, the timeframes outlined in Article
43.12 shall be as follows:
1. If the City's actuary and the FIPO board's actuary cannot agree
within thirty (30) days they shall select an Independent Actuary.
2. If the parties are unable to select an Independent Actuary within
fifteen (15) days, the American Academy of Actuaries shall appoint
one. If any actuary selected is unacceptable to both parties due to
excessive expense, conflict, or other good cause, the above time
frames shall be extended by fifteen (15) days to accommodate the
selection of another actuary.
3. It is the intent of the parties to resolve this issue within three (3)
months of the first actuarial submission. The parties agree, the
actuary may allow either party for good cause to extend for another
thirty (30) days.
During the dispute resolution the parties agree that the appropriate
Section (D, E or F) shall be implemented as if the goal had not been
achieved in a timely manner. However, if the independent actuary rules
that the goal was met, as outlined in Section A, the members shall be
reimbursed by the City for any increased contributions or wage loss.
D. If this goal is not met by September 30, 2008, the Union agrees that their
Pension contribution shall increase by one (1)% to a total of no more than
eight (8)%.
E. If this goal is not met by September 30, 2009, the Union agrees that their
Pension contribution shall increase by one (1)% to a total of no more than
nine (9)%, and the Rule of 64, as outlined in 43.5(A), shall be changed to a
Rule of 68.
F. If this goal is not met by September 30, 2010, the Union agrees that their
Pension contribution shall increase by one- (1)% to a total of no more than
ten (10)%, and the calculation of average final compensation shall be
changed from one (1) year to two (2) years
G. If the increase in pension contributions is determined to be in violation of
Chapter 175 FS, then the wages of the bargaining unit members shall be
reduced at the same time, manner, and amount as stated above, and no
increase in pension contributions shall be made.
43.12. Funding of Pension.
A. Normal Cost:
1. In regards to Normal Cost calculations, if the City's actuary
and the FIPO board's actuary cannot agree to the Normal
Costs as outlined in Gates within ninety (90) days of the first
submission of actuarial calculations they shall select an
Independent Actuary.
2. If the parties are unable to select an Independent Actuary
within forty five (45) days, either party shall have the right to
have the American Academy of Actuaries appoint one. If any
actuary selected is unacceptable to both parties due to
excessive expense, conflict, or other good cause, the above time
frames shall be extended by forty five (45) days to
accommodate the selection of another actuary.
3. It is the intent of the parties to resolve normal cost issues
within nine (9) months of the first actuarial submission. The
parties agree, the actuary may allow either party for good
cause to extend for another ninety (90) days.
ARTICLE 44
SICK TIME
44.1 Sick time will be granted at the rate of ten (10) hours per month for
48 and 52 hour a week employees and eight (8) hours for 40 hour a week
employees.
44.2 Up to forty-eight (48) hours of Sick Time (40 hours for 40 -hour
employees) may be used for the illness of an employee's qualified family member.
An employee's Sick time maybe used for the illness of a family member in excess
of forty-eight (48) hours (40 hours for 40 hour employees) for a long term serious
health condition with the recommendation of the Fire Chief and approval of the
City Manager or his designee. This is in addition to any benefits afforded under
Article 25 of this agreement.
44.3 After the accumulation of six hundred (600) hours (four hundred
and eighty (480) hours for forty (40) hour week employees) of sick leave, further
accumulation shall at the employees option, be:
Option 1 - Added to the employees sick time bank
ARTICLE 46
BARGAINING UNIT MEMBERS KILLED IN THE LINE OF DUTY
46.1. Any full-time Bargaining Unit Member who is killed while in the
performance of his or her official duties or who subsequently dies from injuries
within twelve (12) months of the incident from his or her wounds shall be given a
promotion to the rank of Battalion Chief. Leave balances will be paid off at the
hourly rate of the newly promoted rank. The beneficiary of the deceased shall
receive a sum of $200,000 from the City upon said bargaining unit member's
death. Application shall be made to the City for payment of such death benefits.
ARTICLE 47
RETIREE HEALTH PLAN
47.1. The parties agree that the union will establish the Miami Association
of Fire Fighters IAFF Local 587 Retiree Health Plan ("RHP") consistent with
current IRS Rules and Regulations.
47.2. Eligibility for membership, taxability, funding, and administration of
the RHP, including Board of Trustees composition and investment policy will be as
outlined in the RHP Plan Document and/or Trust Agreement.
47.3. Effective October 1, 2008, the City shall make an annual contribution
of $325,000 towards the Retiree Health Trust in order to fund post employment
health benefits for current active members. Benefits shall be determined by the
Retiree Health Trust Board in accordance with the IRS Rules and Regulations.
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The Union shall waive the annual contribution discussed in this Paragraph for
fiscal year 2009-2010 and fiscal year 2010-2011.
47.4. It is the intent of the parties that upon severance of service from the
Department all members will have their sick leave balances calculated at their
rate of pay at time of severance and transferred to their Individual Plan accounts.
47.5. The parties agree that any losses, charges or expenses incurred by
the participant in the RHP will be borne by the participant and shall not be made
up by the City of Miami, the IAFF or the RHP.
ARTICLE 48
TERMINATION AND MODIFICATION
48.1 After a majority vote of those bargaining unit members voting on the
question of ratification, and thereafter upon its ratification by an official resolution
of the City Commission ratifying the Agreement and authorizing the City Manager
to sign the Agreement on behalf of the City, then the Agreement, upon being
signed by the appropriate Union representative and the City Manager, shall
become effective October 1, 2007 2007, except where otherwise stipulated. This
Agreement shall continue in force until September 30, 20102011.
48.2. On or before May 1, 29102011, the Union shall notify the City in'
writing of its intention to renegotiate the Agreement in force and attached thereto
shall include. a list of proposals which shall inform the City of the items which they
desire to negotiate, together with specific language describing its proposals. The
changes indicated in the proposals shall be designated with a strike through of
deleted language and new language will be underlined.
48.3. On or before May 1, 20102011,. the City shall present the Union with
a list of proposals it desires to negotiate together with specific language describing
its proposals. The changes indicated in the proposals shall be designated with a
strike through of deleted language and new language will be underlined.
48.4. Initial discussions shall thereafter and no later than June 1,
20102011, be entered into by the City and the Union.
48.5. Such discussions shall be concluded by the signing of a proposed
agreement pursuant to Florida law.
Agreed to this day of , 20072009, by and
between the respective parties through an authorized representative or
representatives of the Union and by the City Manager.
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