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Home My WebLink AboutSubmittal-Draft Ordinance9-24-09r—g ib ..Title AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "CITY OF NIIANII 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. ..Body 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 ao 04 WHEREAS, the City of Miami desires to avoid the existence and/or Cj perception of such potential conflicts; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE ® G CITY OF MIAMI, FLORIDA: ryo "CHAPTER 40. PERSONNEL C.) ARTICLE IV. PENSION AND RETIREMENT PLAN Division. 3. City of Miami General Employees' and Sanitation Employees' UZ Retirement Trust lid co =:) =:) Sec. 40-249. Membership; members absent from service. U3 C)— (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service for less than three years in a period of five consecutive years after last becoming a member and who has not withdrawn his or her accumulated contributions.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 inGlude all employees but 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. mvt:Document w4-GESE-Eligibility-FinalDraft 090923CAO.doc 09.0/0(06 - Submi fta(- ,-aft Ord, V16.nce evnept as permitted by seGtipp 40 250. Acceptance of employment shall constitute authorization for the city to pick up contributions from the compensation of the employee. Sec. 40-250. Right of pertain persons to reien+ membership Trust Fund for appointed officers & employees in executive service. Those persons employed hired in or promoted to, in the following positions after enactment of this ordinance, shall not be eligible for the Plan have the right teTejeGt membership in the Plan within the laterer g��earTTg Re 11(l�07 within iithin gpe year from their respentiVe ngmmepnemepts of emp!Gyrnent nr paragraphs (1) and (2) belew, within the aforesaid time period; 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 set forth in this section shall participate in a trust plan as follows: (1)Submission-ts As established and approved by the commission of a written trust agreement "`herein the empleyee reients membership in the RaR 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. mvtDocument w4-GESE-Eligibility-Final Draft 090923CAO.doc 2 = = 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 G MM the employee rejecting membership in the Plan, and such contribution ® C—) 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 erriployee may, if so provided in the trust agreement, take actual ®0 or constructive receipt of his or her contribution, and those contributions made by the city on his or her behalf prior to reaching d CO 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. mvtDocument w4-GESE-Eligibility-Final Draft 090923CAO.doc 2 (2) ► ►pon r jean g members hip in the 21an _Eemployees in the foregoing positions as defined in this subsection e., above, may not elect at a later date to transfer membership to the Plan, unless the election is the result of the loss of one of these positions. Should an eligible individual elect to reject membership in the Plan, all previous membership service in the Plan shall be deemed lost upon disbursement or transfer of the employee's member contributions from the Plan. Rejection of membership in the public trust fund, in favor of membership in the Plan, shall preclude employees in the foregoing positions from transferring membership to the public trust fund at a later date. re�r� . Sec. 40-251. Transfer of city employees to Plan. mvt:Document w4-GESE-Eligibility-FinalDraft 090923CAO.doc d. The city manager may elect to participate in a aq-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. CO 00 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 G` M shall be made to the designated public trust fund by the city at a rate of M 20 percent of the city attorney's annual base salary, and eight percent ® n 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. (2) ► ►pon r jean g members hip in the 21an _Eemployees in the foregoing positions as defined in this subsection e., above, may not elect at a later date to transfer membership to the Plan, unless the election is the result of the loss of one of these positions. Should an eligible individual elect to reject membership in the Plan, all previous membership service in the Plan shall be deemed lost upon disbursement or transfer of the employee's member contributions from the Plan. Rejection of membership in the public trust fund, in favor of membership in the Plan, shall preclude employees in the foregoing positions from transferring membership to the public trust fund at a later date. re�r� . Sec. 40-251. Transfer of city employees to Plan. mvt:Document w4-GESE-Eligibility-FinalDraft 090923CAO.doc (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, er police officer, or a position identified in section 40-250, 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. {f; (b) If any member of the Plan has transferred from the retirement system and his or her contributions pursuant to membership in the retirement system E)F publ+sfrUSt fURd cause mvtDocument w4-GESE-Eligibility-FinalDraft 090923CAO.doc 4 .._ - • _ - r i 102 _ _ Mr. Ihm.ml - .. .. {f; (b) If any member of the Plan has transferred from the retirement system and his or her contributions pursuant to membership in the retirement system E)F publ+sfrUSt fURd cause mvtDocument w4-GESE-Eligibility-FinalDraft 090923CAO.doc 4 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 entir&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. *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. mvt:Document w4-GESE-Eligibility-FinalDraR 090923CAO.doc 1TEM_E,.6 O ® 5