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*'Ir Legislation
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Ordinance: 13111
File Number: 09-01065
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40,
ARTICLE IV, DIVISION 4 ENTITLED "CITY OF MIAMI ELECTED OFFICERS'
RETIREMENT TRUST" BY LIMITING THE ELIGIBILITY OF FUTURE ELECTED
OFFICERS AND INCLUDING A TERMINATION PROVISION FOR THE EXISTING
TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 11137 on April 14, 1994, and Ordinance
No. 11194 on September 8, 1994, establishing the City of Miami Elected Officers' Retirement Trust;
and
WHEREAS, at the time of adoption, members of the City Commission were provided nominal
salaries as compensation for their service; and
WHEREAS, in 2003, the residents of the City of Miami ("City") approved a City Charter
Amendment via referendum fixing the salary compensation of members of the City Commission at
$58,000 annually; and
WHEREAS, the current salary will greatly increase the value of the elected officers' benefits
provided by the Trust, thereby creating a substantial, recurring financial liability for the City and its
residents;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in 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 4, entitled, "City of Miami Elected Officers' Retirement
Trust" is amended in the following particulars:{1}
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
DIVISION 4. CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST
City of Miand Page 1 of 3 File Id. 09-01065 (Version: 3) Printed On: 7/3/2017
File Number: 09-01065 Enachnent Number: 13111
Sec. 40-296. Applicable Benefits.
(a) Any Certain elected officers, who has been an were elected officers for a period of ten years
or more and who no longer serves as an elected officers shall be entitled during the remainder
of hos/he r their natural We lives to a sum equal to one-half of hos/her their W-2 wages for the
highest of the last three years of service of his/her their term of office and a single sum death
benefit fully vested at date of death. Upon vesting and each year thereafter of service as an
elected officer, the retirement allowance shall On^rrrcrease be five percent for each year of service
to a maximum of 100 percent of the highest W-2 wages.
Any eElected officers in office or elected asp# from October 1, 2001, er anytime thereafter
until the effective date of this Ordinance , who has been were an elected officers for a period
of seven years or more and who no longer serves as an elected officers of the City of Miami
shall be entitled, upon reaching age 551 during the remainder of his/he r their natural We -lives
to a sum equal to one-half of his/he r their W-2 wages for the highest of the last three years of
service of hos/her their term of office and a single sum death benefit fully vested at date of
death. Upon vesting and each year thereafter of service as an elected officer, the retirement
allowance shall increase by five percent for each year of service to a maximum of 100 percent
of the highest W-2 wages.
(c) Any person elected to the office of mayor or commissioner after the effective date of this
Ordinance shall not be eligible to receive the benefits outlined herein; except those elected
officers currently holding office who have not vested, but who serve for seven years or more in
the office thev currently hold. irrespective of whether thev served successive terms.
Sec. 40-300. Trust Termination.
The Trustee shall terminate the Trust upon death of the final. eliaible elected officer or aavment of
single -sum death benefit to the elected officer's beneficiary. Any remaining trust property consisting
of either cash, securities, and other property, together with such other cash, securities and other
Property as the trustee may at any time hold or acquire from or on behalf of the city pursuant to this
division. and the accruals thereto. shall be returned to the city uaon termination of the Trust.
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 after final reading and adoption
thereof.{2}
Footnotes:
City of Miami Page 2 of 3 File Id. 09-01065 (Version: 3) Printed On: 7/3/2017
File Number: 09-01065
Enactment Nnmber: 13111
{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 unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor
within ten (10) 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 or upon the effective date stated herein, whichever is later.
City of Miand Page 3 of 3 File Id. 09-01065 (Version: 3) Printed On: 7/3/2017