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Home My WebLink AboutLegislation 9-24-09<< Of City of Miami FR.6 ,> %;. WItLegislation rGf..r `i'v�C Ordinance File Number: 09-01066 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST" BY FURTHER LIMITING EMPLOYEE ELIGIBILITY AND ELIMINATING THE RIGHT OF CERTAIN PERSONS TO REJECT MEMBERSHIP; CONTAINING A REPEALER AND SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, appointed officers and employees of the city employed in the executive service are currently afforded the option of electing between participation in the General Employees' and Sanitation Employees' Retirement Trust and a public trust fund selected by the appointed officer or employee; and WHEREAS, the current option creates real or perceived potential conflicts of interest for appointed officers and/or executive employees that may participate in future collective bargaining sessions or that may, by virtue of their position, establish job benefits that inure to their own personal benefit; and WHEREAS, the City of Miami desires to avoid the existence and/or perception of such potential conflicts; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "CHAPTER 40. PERSONNEL Article IV. Pension and Retirement Plan Division. 3.City of Miami General Employees' and Sanitation Employees' Retirement Trust Sec. 40-241. Definitions. The following words and phrases as used in this division shall have the following meanings: Employee shall mean any regular, permanent, and full-time appointed qffiGeF 0 employee of the city, other than a police officer or firefighter as defined in section 40-191 of the City Code and city manager, citv attornev. citv clerk. auditor oeneral. chief deauty citv attorney. deauty citv attornev. assistant citv attornev. assistant citv clerk. and those emDlovees identified as emDloved in the executive service of the city. Sec. 40-249. Membership; members absent from service. (a) The membership of the Plan shall include all employees as defined in this-IlaR Sec. 40-241 of this Division eXGept PGIiGe GffiGeFs and firefightem. Membership shall also include an employee who has been absent from service for less than three years in a period of five consecutive years after last becoming a member and who has not withdrawn his or her City of Miami Page 1 of 5 Printed On: 9/16/2009 File Number.' 09-01066 accumulated contributions. The active membership of this Plan shall include all employees, but shall not include any member absent from service. (b) Participation in the Plan is a mandatory condition for all employees exGept as peFmotted by %Gtien 40 25A as defined in Sec. 40-241 of this Division. Acceptance of employment shall constitute authorization for the city to Pick up deduct contributions from the compensation of the employee. Sec. 40-250. Right Of Gertain persons tG FejeGt membership Election by appointed officers & employees in executive service. 1 SM-EVEM.H.T. ME 01.0-10 MINIM. 11101 Iffill ... P96itiORS shall be as feflews: behalf of GUGh employee to a p t -R -16t. f.l-'Rd desigRated by the employee and appFGved by - employee to the 121 -AR. a. The GGRtFibUtiE)R to be R;ade by the Gity URdeF the teFFns of the above agpeemeRt shall -- - - -_ - - - nogg+ - -aRRual GGFnpeRsati s— AR employee Fnay, of , take ;ar--fiwal gr GORMFUGtive of benefits ne pFevided in the trust enreen;ent City of Miami Page 2 of 5 Printed On: 9/16/2009 File Number.' 09-01066 tFust agreement Individuals appointed to the followina positions after October 31. 2009 shall be limited to the following election option(s): (1) The city manager may elect to participate in a public trust fund designated by the employee and approved by the city commission. Contributions made to the designated public trust fund by the city shall be in accordance with the provisions of a resolution designating benefits for the city manager and approved by the city commission. The city manager may take actual or constructive receipt of his or her contributions, and those contributions made by the city on his or her behalf pursuant to the rules governing the public trust fund designated by the employee. (2) The city attorney, city clerk, assistant city manager, and assistants to the city manager may elect to participate in a public trust fund designated by the employee and approved by the city commission. Contributions shall be made to the designated public trust fund by the city at a rate to be negotiated between the employee and city manager. Sec. 40-251. Transfer of city employees to Plan. (a) In the event that a firefighter or police officer of the city who is a member of the City of Miami Firefighters' and Police Officers' Retirement Trust ("retirement system") is reclassified to a position other than firefighter or police officer, the employee shall be automatically transferred to membership in this Plan. Creditable service earned as a member of the retirement system shall be deemed creditable service in this Plan. City of Miami Page 3 of 5 Printed On: 9/16/2009 Or.111 IN Individuals appointed to the followina positions after October 31. 2009 shall be limited to the following election option(s): (1) The city manager may elect to participate in a public trust fund designated by the employee and approved by the city commission. Contributions made to the designated public trust fund by the city shall be in accordance with the provisions of a resolution designating benefits for the city manager and approved by the city commission. The city manager may take actual or constructive receipt of his or her contributions, and those contributions made by the city on his or her behalf pursuant to the rules governing the public trust fund designated by the employee. (2) The city attorney, city clerk, assistant city manager, and assistants to the city manager may elect to participate in a public trust fund designated by the employee and approved by the city commission. Contributions shall be made to the designated public trust fund by the city at a rate to be negotiated between the employee and city manager. Sec. 40-251. Transfer of city employees to Plan. (a) In the event that a firefighter or police officer of the city who is a member of the City of Miami Firefighters' and Police Officers' Retirement Trust ("retirement system") is reclassified to a position other than firefighter or police officer, the employee shall be automatically transferred to membership in this Plan. Creditable service earned as a member of the retirement system shall be deemed creditable service in this Plan. City of Miami Page 3 of 5 Printed On: 9/16/2009 File Number 09-01066 - -- - - - .._ •._2MICWT.M... .. 1i . -3 -.1.- W 00-01 .. /, A - ■ a--'- 44 If any member of the Plan has transferred from the retirement system d and his or her contributions pursuant to membership in the retirement system cause accumulated contributions at the member's normal retirement age to exceed the amount such accumulated contributions would have been had the member been a member of the Plan during his or her entire period of service with the city, such member shall be entitled to the return of the excess contributions upon retirement or shall have his or her retirement allowance increased by the actuarial equivalent of the amount by which his or her contributions exceed the full amount which would have been the member's accumulated contributions had he or she been a member of the Plan during his or her entire period of service with the city. 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} City of Miami Page 4 of 5 Printed On: 9/16/2009 File Number 09-01066 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY 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 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 Miami Page 5 of 5 Printed On: 9/16/2009