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Home My WebLink AboutLegislation FR/SR 10-8-09File Number: 09-01066 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 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. 40-249. Membership; members absent from service. (a) The membership of the Plan shall include all employees as defined in this Plan, except police officers and firefighters. 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service for less than three years in a period of five consecutive years after last becoming a member and who has not withdrawn his or her accumulated contributions. The active membership of this Plan shall *null de all empleyees, b6 i+ shall not include any member absent from service. (b) Participation in the Plan is a mandatory condition for all employees except for those employees who are precluded from participation in the Plan pursuant to fnew division_}_ cvnen+ as permitted by cen+ien 49_259. Acceptance of employment shall constitute authorization for the city to pick up contributions from the compensation of the employee. City ofMianzi Page I of 5 Printed On: 9/3012009 File Number: 09-01066 G— AR empleyee FRay, if se pFevided OR the tFust agFeemeRt, Of benefits as nreyided in Oho tri ust ;agreement ie W_- - 101 R-1—M—NIN—W G— AR empleyee FRay, if se pFevided OR the tFust agFeemeRt, Of benefits as nreyided in Oho tri ust ;agreement City of Miami Page 2 of 5 Printed On: 9/30/2009 ie W_- - City of Miami Page 2 of 5 Printed On: 9/30/2009 File Number: 09-01066 .- 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 those positions that are ineligible to participate in the Plan pursuant to fnew division } other than firefighter, of 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. (b) Any current employee employed prior to April 1, 1996, by the city in a position defined in section 40-250 who has previously rejected membership in the Plan and elects membership in the Plan by June 30, 1996, shall have membership transferred to the Plan, effective July 1, 1996. Creditable service as a member of the public trust fund defined in section 40-250 shall be deemed creditable service in the Plan upon such transfer. Division Trust Fund for appointed officers and employees in executive service. Sec. Trust Fund for appointed officers and employees in executive service. Those persons hired in or promoted to, the following positions -after enactment of this ordinance, shall not be eligible for the Plan : city manager, city attorney, city clerk, chief deputy city attorney, City of Miami Page 3 of 5 Printed On: 9/30/2009 File Number: 09-01066 deputy city attorney, assistant city attorney, assistant city clerk, department directors, deputy directors, and assistant directors, and those employees identified by the city administration as employed in the executive service of the city. Individuals hired or promoted into the positions set forth in this section shall participate in a trust plan as follows: (1) As established and approved by the commission of a written trust agreement wherein provision is made for the city to contribute moneys on behalf of such employee to a public trust fund designated by the employee and approved by the commission, such contribution to be made in lieu of the city's contribution on behalf of the employee to the Plan. a. The contribution to be made by the city under the terms of the above agreement shall be calculated at the rate of eight percent of the individual's annual compensation. b. A contribution to the designated public trust fund must be made by the employee resecting membership in the Plan, and such contribution by the employee shall be picked up by the city at a rate of not less than five percent of the employee's annual compensation. C. An employee may, if so provided in the trust agreement, take actual or constructive receipt of his or her contribution, and those contributions made by the city on his or her behalf prior to reaching age 55 or upon becoming permanently and totally disabled by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. d. 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. Contributions, if any, by the city manager shall be picked up by the city as provided by the provisions of a resolution approved by the city commission. The city manager may, if so provided in the trust agreement, take actual or constructive receipt of his or her contributions, and those contributions made by the city on his or her behalf prior to reaching age 55 or upon becoming permanently and totally disabled, by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. e. The city attorney, assistant city managers, 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 of 20 percent of the city attorney's annual base salary, and eight percent of the annual base salary for each of the assistant city managers and assistants to the city manager. The city attorney, assistant city managers, and assistants to the city manager may, if so provided in the trust agreement, take actual or constructive receipt of his or her contributions, and those contributions made by the city on his or her behalf prior to reaching age 55 or disabled, by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. Employees in the foregoing positions as defined in this subsection e., above, may not elect to transfer membership to the Plan, unless the election is the result of the loss of one of these positions. City of Miami Page 4 of 5 Printed On. 9/30/2009 File Number: 09-01066 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 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: 9/30/2009