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HomeMy WebLinkAboutSubmittal-District 3 Draft Ordinance FR 9-24-09.,Title 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 SUBMITTED11"N'TO TH PERSONNEL PUKIC RECORD F ITS Fg!6 ON ?4q-09 09 oio�S- Subm�ffa,I - ',�iStri ��" 3 '[�ra f ord d.,��-►�e ARTICLE IV. PENSION AND RE-1-IREM ENT PLAN DIVISION 4. CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST Sec. 40-296. Applicable Benefits. (a) A;4y Certain elected officers, who has bee aR were elected officers for a period of ten years or more and who no longer serves as a -n elected officers shall be entitled during the remainder of hmsS he their natural life lives to a sum equal to one-half of hislheF their W-2 wages for the highest of the last three years of service of. hisiher 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 'RGrease be five percent for each year of service to a maximum of 100 percent of the highest W-2 wages. Apy eElected officers in office or elected a&4 from October 1, 2001, o aRytime theFea <eF until the effective date of this Ordinance , who #as been were aA elected officers for a period of seven years or more and who no longer serves as as elected officers of the City of Miami shall be entitled, upon reaching age 55, during the remainder of #isiheF their natural life -lives to a sum equal to one-half of hi6iheF 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 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 consecutively serve for seven years or more in their current office. Sec. 40-300. Trust Termination. The Trustee shall terminate the Trust upon death of the final, eligible elected officer or payment 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 upon termination of the Trust. *11 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {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.