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Home My WebLink AboutO-13112Vop City of Miami W F .. * 15611is,F 1:A111 *'Ir Legislation i 0 R �O Ordinance: 13112 File Number: 09-01066 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 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 City of Miand Page 1 of 5 File Id. 09-01066 (Version: 3) Printed On: 7/3/2017 File Number: 09-01066 Enactment Number: 13112 a member and who has not withdrawn his or her accumulated contributions. The active membership of this Plan shall incl, ,do all employees b, ,+ 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_}_ eXGep+ as permitted by seGtinn 40 250. Acceptance of employment shall constitute authorization for the city to pick up contributions from the compensation of the employee. Submission to the GC)Fnrnissien of a written trust agreement wherein membership On the Plan and wherein provision is made for the the employee rejeGtS Gity tG Gentribute moneys E)n- behalf Of SUGh employee to a publiG tFUSt fund designated by the cmnln�ioo +n +ho Plan employee and approved b)�,- a. The Gentribution to be made by the Gity under the terms be GaIGUlated at the rate of eight peFGent of the individual's of the above agreement sh annual GE)Fnpensation. G. An empleyee may, Of so provided On the trust agreement, take aGtual OF GenStruGtiVe- behalf prier to reaGhing age 55 er upen beGGFning permanently and totally dos bled b.Y making a reVE)Gable eleGtien of distribution of aGGE)unts pursuant to the rnede of distribution of benefits as provided in the trust anroomon+ City of Miami Page 2 of 5 File Id. 09-01066 (Version: 3) Printed On: 7/3/2017 File Number: 09-01066 Enactment Number: 13112 ,'2-) Upen rejeGting membership On the this subseGtien e., above, may not the is the Plan, employees On the foregoing positions as defined On e!eGt at a later date to transfer membership to the Plan, the less these Should unless eleGtien result of 0 nclovoclual e!eGt tG rejeGt membership shall be deerned lest upen disbursement frern the Plan. RejeGtien of mernbership publiG trust fund at a later date. of ene of positions. an eligible On the Plan, all previous membership seFViGe on the Plan - er transfer of the employee's member Gentributions- On the publiG trust fund, On faver of membership the- 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, er 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. ►�:� .. . rt�r�_r..r�rear_r.■:�a►.Tsr.�.�rn"[:i:T�a:e�. _ aiffi. .�S—o. City of Miand Page 3 of 5 File Id. 09-01066 (Version: 3) Printed On: 7/3/2017 File Number: 09-01066 Enactment Number: 13112 member of the ni blin 4n St fund defined in SeGtion 40 250 above Division Trust Fund for appointed officers and employees in executive service. Sec. Trust Fund for aaaointed officers and emolovees in executive service. Those Dersons hired in or promoted to. the followina positions -after enactment of this ordinance shall not be eligible for the Plan : city manager, city attorney, city clerk, chief deputy city attorney, 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 (executive employees) set forth in this section shall participate in a trust plan as follows: 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 employees to a public trust fund designated by the executive employee and approved by the commission, such contribution to be made in lieu of the city's contribution on behalf of employees in 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 executive employee's annual compensation. b. A contribution to the designated public trust fund must be made by the executive employee and such contribution by the employee shall be picked up by the city at a rate of not less than five percent of the executive employee's annual compensation. C. An executive emDlovee may. if so Drovided in the trust aareement. 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 Drovided in the trust aareement. Additionally, the city manager may elect to participate in a public trust fund he or she designates 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 their contributions, and those contributions made by the city on their 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 City of Miand Page 4 of 5 File Id. 09-01066 (Version: 3) Printed On: 7/3/2017 File Number: 09-01066 Enactment Number: 13112 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 their contributions, and those contributions made by the city on their 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 arovided in the trust aareement. Employees in the foregoing positions as defined in this subsection e., above, may not participate in the Plan, so long as, and during which, such employees hold those positions. Notwithstanding the exclusions in {new section 1, those employees who are members of the Plan prior to the enactment of this ordinance shall continue to be eliaible to aarticiaate in the Plan regardless of position title of those employees. 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: {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 File Id. 09-01066 (Version: 3) Printed On: 7/3/2017