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File Number: 10-01091
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 2 ENTITLED "PERSONNEL/PENSION AND RETIREMENT
PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT
TRUST", MORE PARTICULARLY BY AMENDING SECTIONS 40-191 AND 40-203,
h?AKING CHANGES TO THE NORMAL RETIREMENT DATE, BENEFIT
FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND AVERAGE
FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Section 447.4095, the Miami City Commission, on August 31, 2010, made
changes to certain wages, healthcare and pension benefits effective September 30, 2010, in the
collective bargaining agreement between the City of Miami and the International Association of
Firefighters, AFL-CIO, Local 587 and the Fraternal Order of Police, Walter E. Headley, Jr., Miami,
Miami Lodge No. 20;
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 2 of the Code of the City of Miami, Florida, as amended,
is amended in the following particulars:{1}
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
;VISION 2. CITY OF MIAMI FIREFIGHTERS' ANCA F�LICE OFFICERS'
RETIREMENT TRUST
Sec. 40-191. Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases
as used in this division shall have the following meanings:
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Average final compensation shall mean for members who retire or terminate
employment with ten or more years of creditable service prior to October 1, 2010, the annual
earnable compensation of a member during either the last one year or the highest year of
membership service, whichever is greater. Effective September 30, 2010, for members who
retire on or after October 1, 2010, average final compensation shall mean the average of the
highest 5 years of service, to be phased in over the next 4 years as follows: for members who
retire on or after October 1, 2010 and on or before September 30, 2011, the average of the
highest 2 years of membership service; for members who retire on or after October 1, 2011
and on or before September 30, 2012, the average of the highest 3 years of membership
service; for members who retire on or after October 1, 2012 and on or before September 30,
2013, the average of the highest 4 years of membership service; and for members who retire
on or after October 1, 2013, the average of the highest 5 years of membership service.
Provided, in no event shall the average final compensation of any member who is employed
as a police officer or firefighter on September 30, 2010 and retires on or after October 1, 2010,
be less than the highest year of membership service prior to September 30, 2010. F-ar-
Sec. 40-203. Benefits.
(a)Service retirement.
(1) Any member in service who has ten or more years of creditable service may elect to
retire upon the attainment of normal retirement age. Such election shall be made
upon written application to the board, setting forth not less than ten nor more than
90 days subsequent to the execution and filing thereof, the date the member
desires to be retired.
(2) Normal retirement age for members employed on September 30, 2010, who as of
that date have attained age 50 with ten or more years of creditable service, or
eligibility for rule of 64 retirement for firefighter members, or eligibility for rule of 68
retirement for police officer members, shall be 50 years of age with ten or more
years of creditable service, or rule of 64 retirement for firefighter members, or rule of
68 retirement for police officer members. A member who continues as an employee
after attaining normal retirement age shall remain a member while an employee and
during such period shall participat= in the retirement system in all respects.
Retirement shall be compulsory at aye 60 for members in service.
(3) The normal retirement age for members employed on September 30, 2010, who as
of that date have not attained age 50 with ten or more years of creditable service, or
rule of 64 retirement for firefighter members, or rule of 68 retirement for police
officer mernber,,and members hired on or after October 1, 2010, shol be rule of 70
retiren ent witn a_minimum age of 50 and ten or more years of creditaols service.
(4) Notwithstanding any other provision of this ketirement System, any participant who
is employed and not participating in the DROP on September 30, 2010, may elect to
receive his/her accrued benefit as of that date determined in accordance with the
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provisions of the System in effect on September 29, 2010, and payable on the date
and in the manner provided by the provisions of the System in effect on September
29 2010. Such participants who elect to receive their accrued benefit as of
September 30, 2010, at a date prior to the normal retirement age provided in
subsection (3) above, shall be eligible to receive that portion of their retirement
allowance based on creditable service on or after October 1 2010 on the date and
in the manner provided by the provisions of the System in effect on the earlier of
retirement or separation from service.
(5-3)A member exercising service retirement on or after October 4, 1991, and before
January 9, 1994, shall be entitled to receive a retirement allowance equal to 2.75
percent of the member's average final compensation multiplied by years of
creditable service, which amount shall be paid yearly in monthly installments. A
member exercising service retirement on or after January 9, 1994 shall be entitled
to receive a retirement allowance equal to 2.75 percent of the member's average
final compensation multiplied by years of creditable service for the first 15 years of
such creditable service. Such member shall also be entitled to receive a retirement
allowance equal to three percent of member's final average compensation multiplied
by the years of creditable service in excess of 15 years.
A police officer member exercising service retirement on or after May 28, 1995,
shall be entitled to receive a retirement allowance equal to 2.75 percent of the
member's average final compensation multiplied by years of creditable service for
the first 15 years of such creditable service. Such member shall also be entitled to
receive a retirement allowance equal to three percent of member's final average
compensation multiplied by the years of creditable service in the excess of 15 years,
which amount shall be paid yearly in monthly installments.
A firefighter member exercising service retirement on or after May 28, 1995, shall be
entitled to receive a retirement allowance equal to three percent of the member's
average final compensation multiplied by years of creditable service, which amount
shall be paid yearly in monthly installments.
(6-4) Effective October 1, 1998, a member exercising service retirement on or after
October 1, 1998 and before October 1, 2010, shall be entitled to receive a
retirement allowance equal to three percent of the member's average final
compensation multiplied by years of creditable service for the first 15 years of such
c -editable service. Such member shall also be entitl,— ! to receive a retirement
u;iowance equal to 3'/z percent of member's final ave:,aye compensation multiplied
by the years of creditable service in excess of 15 years, which amount shall be paid
yearly in monthly installments.
(7) Notwithstanding any other provision of this subsection (a), effective September 30,
2010, a member exercising 3erV..a retirement on or after October 1, 2010 shall bE
entitled to receive a ritiremi.;.; ailowance equal to the percentage providFd in
paragraph (5) above for creditable service prior to October 1, 2010, and three
percent of the member's average final compensation mi iltiplied by years of
creditabl- service for creditable service on and after October 1 ''C 10, which amount
shall be paid yearly in monthly installments.
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(85) A member eligible for service retirement may choose any one of the optional
allowances available to him or her on the date of retirement, as provided in
subsection (m).
(b) Rule of 641 rule of 68, and rule of 70 retirement.
(1)Any member in service who did not withdraw from active membership in the
retirement system and retiring effective May 28, 1995, may elect service
retirement on the basis of his or her combined age and creditable service equaling
64 or more provided that the member has reached minimum vesting
requirements. Such election shall be made upon written application to the board
no less than ten days nor more than 45 days from May 28, 1995.
(2)Upon rule of 64 retirement, on or after May 28, 1995, a police officer member shall
be entitled to receive a retirement allowance equal to 2.75 percent of the
member's average final compensation multiplied by the years of creditable service
for the first 15 years of such creditable service. Such member shall also be
entitled to receive a retirement allowance equal to three percent of the member's
final average compensation multiplied by the years of creditable service in excess
of 15 years.
Upon rule of 64 retirement, a firefighter member retiring on May 28, 1995, shall be
entitled to receive a retirement allowance equal to three percent of the member's
average final compensation multiplied by years of creditable service which amount
shall be paid yearly in monthly installments.
A member eligible for rule of 64 or rule of 68 retirement may choose one of the
optional allowances available to him or her on the date of retirement, as provided
in subsection (m).
(3) Upon rule of 64 retirement, on or after October 1, 1998, or upon the Rule of 68
retirement on or after October 1, 2009, a member shall be entitled to receive a
retirement allowance equal to three percent of the member's average final
compensation multiplied by years of creditable service for the first 15 years of such
creditable service. Such member shall also be entitled to receive a retirement
allowance equal to three and one-half percent of member's final average
compensation m_,":alied by the years of creditable service in excess Cf 15 years,
which amount s, ia,l be paid yearly in monthly installments. A member eligible for
rule of 64 or rule of 68 retirement may choose one of the optional allowances
available to him or her on the date of retirement, as provided in subsection (m).
(4) Effective September 30, 2010, upon rule of 70 retirement on or after October 1,
2010, a member shall be entitled to receive a rE _irement allowance equal to the
percentage provided in paragraph (a)('.,) above for creditable service prior to
October 1, 2010, and three percent of the member's average final compensation
multiplied by years of craditible service for creditable service on and after October
1, 2010, which amount 0all be paid yearly in monthly installments. A member
eligible for rule of 70 retirement may choose one of the optional allowances
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available to him or her on the date of retirement, as provided in subsection (m).
(c) Limitation on benefits.
(1)Effective October 1, 1998, member retirement allowances shall not exceed 100
percent of the member's final average compensation for members retiring under
service retirement or rule of 64 retirement, and effective October 1, 2009 for rule
of 68 retirement with the following exceptions:
a. Members whose retirement allowances, prior to October 1, 1998, who had
already earned 100 percent or greater of the member's average final
compensation shall continue to accrue pension benefits as outlined under
section 40-203.
b. Members whose retirement allowance exceeds 100 percent of their average
final compensation as of October 1, 1998, due to the multiplier change, shall
be capped at the new percentage.
(2)Effective June 12, 2007, firefighter member, including, but not limited to, I.A.F.F.
bargaining unit member, retirement allowances shall not exceed 100 percent of
the member's final average compensation for firefighter members and I.A.F.F.
bargaining unit members retiring under service retirement, rule of 64 retirement or
rule of 68 retirement.
Effective September 30, 2010, for members who retire or terminate employment
with ten or more years of creditable service on or after October 1, 2010, member
retirement allowances shall not exceed the lesser of 100 percent of the member's
final average compensation or an annual retirement allowance of $100,000.00
based on the standard form of benefit in effect on the date of retirement; provided,
in no event shall the benefit limitation provided in this paragraph (3) be less than
the lesser of 100 percent of the member's final average compensation or the
member's accrued benefit on September 30, 2010 based on the standard form of
benefit in effect on that date.
(d) Early service retirement.
(1)Any member in service who has 20 or more years of creditable service may elect to
retire on a retirement allowance —ich shall be the actuarial equivalent of the
service retirement allowance uu.arwise available to the member upon the
attainment of normal retirement age. Such election shall be made upon. written
application to the board, setting forth not less than ten nor more than 90 days
subsequent to the execution and filing thereof, the date the member desires to be
retired.
(2)A ml.:mber ,;;-Rule for early service retirement may choose any ol..: it the optional
allowances available to him or her on the date of retirement, as provided in
subsection (m).
(3)A member who has elected to retire on an early service retirement shall not be
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eligible to participate in the DROP.
(e) Vested right to retirement.
(1)lf a member who is not entitled to retire ceases to be a city employee for any reason
other than death or willful misconduct in office, he or she may elect to continue as
a member not in service and retire upon subsequent attainment of normal
retirement age, provided:
a. That when the member ceases to be a city employee, the member has
completed at least ten years of creditable service; and further provided
b. That the member does not withdraw his or her accumulated contributions.
(2) A member electing to become a member not in service on or after October 4,
1991, and before January 9, 1994, shall be entitled to receive a retirement
allowance equal to 2.75 percent of member's average final compensation
multiplied by years of creditable service which amount shall be paid yearly in
monthly installments, upon attainment of normal retirement age. A member
electing to become a member not in service on or after January 9, 1994, shall be
entitled to receive a retirement allowance equal to 2.75 percent of the member's
average final compensation multiplied by the average final compensation
multiplied by the years of creditable service for the first 15 years of such creditable
service. Such member shall also be entitled to receive a retirement allowance
equal to three percent of member's final average compensation multiplied by the
years of creditable service in excess of 15 years, upon attainment of normal
retirement age.
A member electing to become a member not in service on or after October 1,
1998, shall be entitled to receive a retirement allowance equal to three percent of
the member's average final compensation multiplied by years of creditable service
for the first 15 years of such creditable service. Such member shall also be
entitled to receive a retirement allowance equal to 3'/2 percent of member's final
average compensation multiplied by the years of creditable service in excess of 15
years, upon attainment of normal retirement age.
(3) If a member who elects to become a member not in service subsequently elects
to withdraw his or her accumulated contributions, th-: member not in service shall
be paid the amount of his or her accumulated coy ,,, ;outions at the time he or she
ceased to be a city employee, excluding all amounts picked up from the member's
earnable compensation and credited to the COLA fund, plus only such regular
interest as has been accumulated during the first three years thereafter.
(4) If a member not in service .�:es prior to retirement, his or her beneficiary shall toe
paid the amount of his of ,,�;r accumulated contributions at the time he .)r site
teas: -d to be a city employee, excluding all amounts picked :gyp from the member's
earnable compensation and credited to the COLA fund, plus regular interest
therczm to the date of the member's death.
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(5)lf a person elects a vested right to retirement under any retirement system or plan
sponsored by the city and thereafter becomes an employee, he or she shall
become a new member of the retirement system on the date employment
recommences and shall make regular contributions to the retirement system at the
rate required by section 40-196(a). Such member shall be entitled to receive a
retirement benefit therefor as if he or she were a new entrant upon the date of
subsequent employment and, in addition, shall be entitled to receive a retirement
benefit for his or her employment in accordance with paragraph (d)(2) above.
(6) A member not in service shall not be eligible to participate in the DROP.
(f) Ordinary disability retirement.
(1)Any member in service who has ten or more years of creditable service but who is
not eligible for a service retirement allowance may, upon written application, be retired
by the board on an ordinary disability retirement allowance; provided, that after medical
examination of such applicant, the physician retained by the board shall certify that the
member is mentally or physically totally incapacitated for the further performance of
duty (not as a result of an accident in the actual performance of duty as defined in
subsection (f) of this section), that such incapacity is likely to be permanent, and that
such member should be retired.
(2)a. Upon retirement for ordinary disability on or after October 4, 1991 and before
January 9, 1994, a member shall be entitled to receive a retirement allowance
equal to 2.75 percent of 90 percent of the member's average final compensation
multiplied by years of creditable service, which amount shall be paid yearly in
monthly installments, provided such retirement allowance exceeds 30 percent of
the member's average final compensation; otherwise, 30 percent of the
member's . average final compensation shall be paid yearly in monthly
installments.
b. Upon retirement for ordinary disability on or after January 9, 1994, a member
shall be entitled to receive a retirement allowance equal to 2.75 percent of 90
percent of the member's average final compensation multiplied by the first 15
years of creditable service. Creditable service of such member in excess of 15
years shall be multiplied by three percent of 90 percent of the member's
average final compensation times years of creditable service, which amount
shall be pair' yearly in monthly installments, provided such retiremc—t allowance
is at leas; J percent of the member's average final compensa,:u, otherwise
30 percent of the member's average final compensation shall be paid yearly in
monthly installments.
c. Upon retirement for ordinary disability on or after October 1, 1998, a member
shall be entitled to receive a retirement alto. ance equal to three percent of 90
percent of the member's average °'nal ou ,,,sensation multiplied by the first 15
years of creditable-ervice. Creditable service of such member in excess d 15
years shall be multiplied by 3'/ percent of 90 percent of the member's average
final compensation tines years of creditable service which amount shall be paid
yearly in monthly installments, provided such retirement allowance is at least 30
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percent of the member's average final compensation, otherwise 30 percent of
the member's average final compensation shall be paid yearly in monthly
installments.
d. For those members who retire effective on or after December 31, 1999, the
retirement allowance shall be payable for life, except that in the event the
member dies before such allowance has been received for a period of ten
years, the member's beneficiary or beneficiaries shall be paid the same
allowance for the remainder of the ten-year period.
(3)A member entitled to receiv-- an ordinary disability retirement allowance shall not be
eligible for a return of contributions as provided in section 40-212(j) for optional
allowances as provided in section 40-212(m), nor for participation in the DROP.
(4)A DROP participant shall not be entitled to receive an ordinary disability retirement.
(g)Accidental or service -incurred disability retirement.
(1) Any member in service who, prior to attaining the age of 60, has been totally and
permanently incapacitated for duty as the natural and proximate result of an
accident occurring while in the actual performance of duty at some definite time
and place, shall be retired for accidentally incurred disability; provided that:
a. Such incapacity for duty has been total, permanent and continuous from a
time prior to the member attaining the age of 60;
b. The physician retained by the board, after a medical examination of such
member, shall certify in writing that the member is mentally or physically totally
incapacitated in accordance with the definition of permanent total disability;
c. The board shall concur with the report of the physician employed by the
board; and
d. The physical condition of the member shall be subject to a review by the
physician retained by the board, at the request of the board, as often as the
board shall deem it advisable.
(2) A member may be considered totally and permanently disabled for further
performance of duty for the pw Nose of this section when said member is unable,
due to an accident, illness or injury incurred in the line of duty, to perform within
the member's classification.
(3) a. Any condition or impairment of health caused by tuberculosis, heart disease or
hyperte, pion, on the part of a member, which condit+or, res .Its in total and
penna, ,;;,it incapacitation for duty, shall be presumed to ha._:, been accidental
and suffered in the line of duty unless the contrary be shown by competent
evidence; provided, however, that any such member shall have successfully
passed a physical examination upon a: itering into service as a firefighter or
police officer, which examination failed to reveal any evidence of any such
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condition.
b. Nothing herein shall be construed to extend or otherwise affect the
provisions of F.S. ch. 440 pertaining to workers' compensation.
(4) When deciding whether to grant an accidental or service -incurred disability
retirement, the board shall obtain any and all available information, including, but
not limited to, medical reports which the board deems necessary in order to
assist the board in arriving at its decision.
(5)a. Upon retirement for accidental disability or se, vice -incurred disability, a member
shall receive a pension which shall be equal to 662/3 percent of his average final
compensation or 662/3 percent of his final compensation, whichever is greater.
b. For those members who retire effective on or after December 31, 1999,
upon retirement for accidental disability or service -incurred disability, a member
shall receive a retirement allowance payable for life which shall be equal to
662/3 percent of the member's average final compensation or 662/3 percent of
the member's final compensation, whichever is greater, except that in the event
a member dies before such allowance has been received for a period of ten
years, the member's beneficiary or beneficiaries shall be paid the same
allowance for the remainder of the ten-year period.
(6) A member entitled to receive an accidental or service -incurred disability retirement
allowance shall not be eligible for a return of contributions as provided in
subsection Q), for optional allowances as provided in subsection (m), nor for
participation in the DROP.
(7) In lieu of the benefits set forth in subsection (5) above, upon the death of any
member who has received an accidental or service -incurred disability retirement,
the spouse of said member who has been nominated and designated by the
member as said member's beneficiary if eligible shall receive the payment of an
amount equal to 40 percent of the member's monthly retirement allowance
during the lifetime of said spouse, in accordance with subsection (n) of this
division.
(8) A DROP participant shall not be entitled to receive an accidental or service -incurred
disability retirement.
(h)Ordinary death benefit.
(1) Upon receipt by the board of proper proofs of the death of a member in service who
has three or more years of creditable service, which death is not the result of an
accident in the actual per--)rmance of duty as defined in subsection (i) cf this
section, there shell be pdi(a to such person, if any. as the member sh&il have
nominated by written designation duly executed and tiled with the board,
otherwise to the member's legal representative, a benefit equal to a lump -sum
pd,iinent of 50 percent of the earnable compensation received by the member
during the year immediately preceding the member's death.
(2) For those members who retire effective on or after December 31, 1999, the
member's beneficiary or beneficiaries shall be entitled to the benefits otherwisq
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payable to the member at early or normal retirement age for a period of ten
years, should a member having at least ten years of creditable service die prior
to retirement. Anything herein to the contrary, notwithstanding this provision,
shall not be implemented as to police officer members unless and until there are
"additional premium tax revenues" as defined in Section 185.35(1)(b), Fla. Stat.,
to the extent necessary to fund such benefit.
(3) a. Notwithstanding any provision in this division to the contrary, in the event a
member who has become eligible for service, early service or rule of 64
retirement but has not retired dies, the member shall be considered to have
been retired on the date of death. Ifs such event occurs prior to October 1,
2010, the payment of 40 percent of the member's monthly retirement allowance
shall be paid at the member's death to the member's spouse during the lifetime
of such spouse or, at the option of such spouse, the spouse shall receive the
sum of the deceased member's accumulated contributions to the date of death
plus a benefit equal to a lump -sum payment of 50 percent of the earnable
compensation received by the member during the year immediately preceding
the member's death. If such event occurs on or after October 1, 2010, and the
member has not elected an optional allowance in accordance with subsection
(m), below, the member will be presumed to have elected Option 6(c) providing
for payment of 40 percent of the member's monthly retirement allowance to the
member's spouse during the lifetime of such spouse.
b. In lieu of the benefits set forth in subsection (2) above, for those members who
retire effective on or after December 31, 1999, in the event a member who has
become eligible for service, or early service retirement but has no retired dies,
the member shall be considered to have been retired on the date of death. Ifs
such event occurs prior to October 1, 2010, the payment of 40 percent of the
member's monthly retirement allowance shall be paid at the member's death to
the member's spouse during the lifetime of such spouse or, at the option of such
spouse the spouse shall receive the sum of the deceased member's
accumulated contributions to the date of death plus a benefit equal to a
lump -sum payment of 50 percent of the earnable compensation received b the
member during the year immediately preceding the member's death. If such ev
occurs on or after October 1, 2010, and the member has not elected an optional
allowance in accordance with subsection (m), below, the member will be
presumed to have elected Option 6(c) providing for payment of 40 percent of the
member's rr-:-ithly retirement allowance to the member's spous< during the
lifetime of -.,.h spouse,
(4) If a retired member dies prior to having received 12 monthly retirement allowance
payments and prior to any optional allowance elected by the member having
become effective, there shall be paid to such person, if any, as the member
shall have nominated by written desigr,atio, duly executed and filed with the
board, otherwise, to the member'f legal , ,presentative, a lump -sum benefit
equal to the sum of the 12 monthly retirement allowance payments to which the
member would otheNvise have become entitled, less the payments the morriber
received.
(i) Accidental death benefit.
(1) If the board shall decide that the death of a me,,iber in service was the result of an
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accident in the performance of duty and not caused by willful negligence on the
part of the member, then there shall be paid an amount equal to one-half of the
member's average final compensation, which amount shall be paid yearly in
monthly installments, to the member's spouse, if he or she leaves a spouse, to
continue until the death or remarriage of such spouse; or if there be no spouse,
or if the spouse dies or remarries before the youngest child of such deceased
member shall have attained the age of 18, then to his or her children under such
age, if he or she leaves children, divided in such manner as the board in its
discretion shall determine, to continue as a joint and survivorship pension for the
benefit of the children under such age until every child dies or attains such age;
or if there be no spouse or children under the age of 18 years living at the death
of such member, then to his or her dependent father or dependent mother, as
the board in its discretion shall direct, to continue for life; provided that if there
be no such beneficiary, the amount which otherwise would have been paid as an
ordinary death benefit shall be paid to the member's legal representative.
Provided, however, in the event a member who retires effective on or after
December 31, 1999, has at least ten years of creditable service dies prior to
retirement, the member's beneficiary or beneficiaries shall be entitled to the
benefits otherwise payable to the member at early or normal retirement age for
a period of ten years. Anything herein to the contrary notwithstanding, this
provision shall not be implemented as to police officer members unless and until
there are "additional premium tax revenues" as defined in Section 185.35(1)(b),
Fla. Stat., to the extent necessary to fund such benefit.
(2) The board shall decide whether the death of a member in service was the result of
an accident in the performance of duty and not caused by willful negligence on
the part of the member in the following circumstances:
a. Upon receipt of proper proofs of the death of a member in service indicating
that such death was the natural and proximate result of an accident occurring at
some definite time and place while the member was in the actual performance of
duty; or
b. Upon receipt of proper proofs of death of a member in service indicating that
such death resulted from a condition or impairment of health caused by
tuberculosis, hypertension or heart disease, which condition or impairment of
health shall be presumed by the board to have been accidentally incurred in the
line of duty unless the contrar • be shown by competent evidence; provided, that
the deceased member sha -.ave successfully passed a physical examination
upon entering into service as a firefighter or police officer, which examination
failed to reveal any evidence of such condition.
(3) Notwithstanding any other provision of this chapter to the contrary, the surviving
spouse of any member killed in the line of duty shall not lose irvivor retirement
he,nc-"L if the spouse remarries. The surviving spouse such deceased
member whose benefit terminated because of remarriage shall have the benefit
reinstated as of July 1, 1994, at an amount that would have been payable had
such benefit not been terminated.
(4) In the case of a DROP participant, there shall be no accidental death benefit.
(j) Return of co,.tributions. Should a member cease to be a city einp.iyee, the member
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shall be paid on demand the sum of his or her accumulated contributions, with
the following exceptions:
(1) Any member who has been granted a retirement benefit shall not be entitled to a
return of any accumulated contributions unless the member is eligible for the
benefits of option 6.a as set forth in subsection (m) or unless the member is
entitled to a return of excess contributions as a result of membership in the
Miami city employees' retirement system as set forth in section 40-205(2).
(2) In the event of the death of any member, there shall be no distribution of the
member's accumulated contributions unless the member died in service. In such
event, accumulated contributions shall be payable to such persons, if any, as
the member shah have nominated by written designation duly executed and filed
with the board, otherwise to the member's legal representative. The return of
accumulated contributions pursuant to the provisions of this paragraph shall not
be construed as foreclosing the right of any person to an ordinary death benefit
or an accidental death benefit as hereinabove set forth.
(3) a. This article applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this article, a distributee may elect, at the time
and in the manner prescribed by the plan administrator, to have any portion of
an eligible rollover distribution paid directly to an eligible retirement plan
specified by the distributee in a direct rollover.
b. Definitions.
1. Direct rollover shall mean a payment by the plan to the eligible retirement
plan specified by the distributee.
2. Distributee shall mean an employee or former employee. In addition, the
employee's or former employee's surviving spouse is a distributee with regard to
the interest of the spouse.
3. Eligible retirement plan shall mean an individual retirement account
described in section 408(a) of the Internal Revenue Code, an individual
retirement annuity described in section 408(b) of the Code, an annuity plan
described in section 403(a) of the Internal Re, -nue Code, or a qualified trust
described in section 401(a) of the Internal %c\/enue Code, that accepts the
distributee's eligible rollover distribution. However, in the case of an eligible
rollover distribution to the surviving spouse, an eligible retirement plan is an
individual retirement account or individual retirement annuity.
4. Eligible rollover Ostri. ition shall mean any distribution of all or any pertiun ni
the balance to the c+z;clt of the distributee, except that an eligiblE rollover
distribution does not include: any distribution that ;s one of a series of
suhstantially equal periodic payments (not less frequon-Ll;, than annually) made
f:n the life (or life expectancy) of the distributee or the ;Dint lives (or joint life
expectancies) of the distributee and the distributee's designated beneficiary, or
for a specified period of ten years or more; any distribution to the extent such
distribution is required under section 401(a)(9) of the Internal Revenue Code;
and the portion of any di6tribution that is not included in gross income.
City of Miand Page ]z of 21 File Id. 10-01091(Version: 1) Printed On: 9110/2010
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(k) Limitation of disability benefits; reexamination of beneficiaries retired on account of
disability.
(1) Any member who is unable to perform within the member's classification may be
assigned to any other job classification; provided, that the member consents to
such assignment and further provided, that the member's salary in the new job
class shall be no less than 100 percent of the job class from which the member
was transferred.
(2) If a former member who has received an accidental disability retirement is
performing the duties of a police officer or firefighter, or is performing services
which are substantially equivalent to duties that can be assigned within the
employment classification from which the member was retired, the board shall
have the authority to limit the retirement benefits of such member as hereinafter
provided: If a former member who has received an accidental disability
retirement is engaged in such gainful occupation, the former member's salary
from said occupation when added to the sum which he or she is receiving on
account of accidental disability retirement shall not exceed 100 percent of the
current salary for the classification from which the member was retired. If the
retirement benefit plus the salary exceeds 100 percent of the current
classification salary, the retirement benefit shall be reduced by the amount in
excess of 100 percent. The board may periodically require of former members
receiving a disability pension, on a form approved by the board for such
purpose, a statement of salary and type of employment.
(3) Any former member who is receiving a disability retirement allowance shall be
subject, prior to normal retirement age, to examination by a physician or
physicians upon request by the board. Such examination may be conducted at
the member's place of residence or at a place mutually agreed upon by the
member and the board. Following such examination, the physician or physicians
shall report to the board as to the continuance of the former member's total and
permanent incapacity for duty.
a. In the event the board finds that a disability beneficiary is no longer
incapacitated for service within his or her former classification in accordance
with requirements of the civil service rules and regulations, the board may
require thC' the beneficiary be returned to the former classificaticr with all rights
and ben6iiLs of such classification or, with the beneficiary's cui,6ent, to other
classifications within the limits of his or her mental or physical capacities at a
rate of compensation not less than 100 percent of the pay which he or she
would be entitled to receive at the time of return to service for the classification
occupied by the beneficiary prior to his or her incapacity.
b. Should any disability bE.neficiaq refuse to submit to a medical
examination upon ;,equest by the board, his or her retirement allowance may be
discontinued unV1 wi+hdrawal of the refusal, and should the refusal con`.inug for
one year, all right and to a retirement benefit may be revoked by the bc.a,d. If
any beneficiary in receipt of a disability retirement allowance is found by the
board, prior to normal retirement age, to be no longer incapacitated but is not
restored to service as a member in the classification from which he or she was
retired because of his or her own refusal to accept employment offered to him or
City of Miami Page 13 of 21 Fne k 10-01091 (Version: 1) Printed On: 9110/2010
File Number: 10-01091
her, the beneficiary's disability retirement allowance shall be terminated.
(1) Restoration of beneficiaries to membership.
(1) Should a disability beneficiary be restored to or be in service at a compensation
equal to or greater than his or her average final compensation at retirement, or
should any other beneficiary be restored to service, the following shall apply:
a. The retirement allowance of the beneficiary shall cease, he or she shall
again become a member of the retirement system and regular contributions
shall resume at the rate required by the retirement system; a, d
b. The beneficiary shall be credited with all service as a member standing to his
or her credit at the time of retirement, providing he or she returns, in such
manner as shall be prescribed by the board, the amount of any accumulated
contributions of money received upon retirement.
(2) If a beneficiary is restored to membership on or after the attainment of age 50, he or
she shall, on subsequent retirement, be credited with all service as a member
subsequent to his or her last restoration to membership and shall receive a
retirement allowance therefor as if he or she were a new entrant, and, in
addition, the former beneficiary shall receive the retirement allowance which he
or she was receiving immediately prior to his or her last restoration, but the total
pension shall not exceed the proportion of average final compensation he or she
would have received as a retirement allowance had he or she remained during
the period of prior retirement.
(3) Participation in the DROP shall not be considered restoration to service under
subsection (1).
(m)Optional allowances.
City of Miami
(1) Effective October 1, 2010, for members who retire or terminate employment with ten
or more years of creditable service on or after that date, the normal form of
benefit shall be a benefit payable for the lifetime of the member, and in the event
the member dies within ten years following retirement, the same monthly benefit
shall be paid to the member's designated beneficiary or beneficiaries for the
remaining balance of such year period. Any member may elect to receive in
lieu of the retirement allo�,aoce otherwise payable to him or her, the actuarial
equivalent at that time of his or her retirement allowance in a reduced retirement
allowance payable as follows; provided, that no election of an optional allowance
shall be effective in case a beneficiary dies within ten days after the election of
an option as provided in this section, and further provided that such a
bene.'ciary shall be considered as a member in service at tht time of death, until
t;ie ,iiot payment on account of any benefit become,, norniwiy due:
Option 1: If the member dies beforQ receiving in payment of the member's
retirement allowance, the value of N6 or her accumulated contributions at the
time of retirement, the balance shall be paid to such person, if any, as the
member shall have nominated by written designation duly executed and filed
with the board, otherwise to the member's legal representative; or
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File Number., 10-01099
Option 2: Upon the member's death, his or her reduced retirement allowance
shall be continued through the life of, and paid to, such person as the member
shall have nominated by written designation duly executed and filed with the
board at the time of retirement; or
Option 3: Upon the member's death, one-half of his or her reduced retirement
allowance shall be continued throughout the life of, and paid to such person as
the member shall have nominated by written designation duly executed and
filed with the board at the time of retirement; or
Option 4: Upon the member's death, some other benefit shall be payable;
provided, that the total value of the allowance during the member's life and the
succeeding benefit shall be computed to be of equivalent actuarial value to the
allowance which he or she would receive without optional modification; and
provided, that the benefit shall be approved by the board; or
Option 5: If, as a result of an accidental injury incurred in the line of duty, the
member shall have been so seriously injured that he or she is unable to
execute and file a designation of an optional allowance, the board may, with the
consent of the principal beneficiary, designate an option, and if such condition
shall have delayed the application for retirement and the selection of an option,
the board may waive the requirement as to the member's life for ten days after
retirement date, and may declare such optional allowance irrevocably effective
immediately upon the member's retirement; or
Option 6: Any member upon service, early service, rule of 64 or rule of 68
retirement may elect to receive benefits in one of the following three forms, in
lieu of the retirement allowance otherwise payable to the member:
a. Such member may elect to withdraw the sum of his or her accumulated
contributions credited as of the member's date of retirement, excluding all
amounts picked up from the member's earnable compensation and credited to
the COLA fund, and be paid a monthly service retirement allowance of one-half
the amount to which he or she would otherwise be entitled;
b. Such member may elect to receive his or her normal monthly service
retirement allowance plus an additional five percent of such service retirement
allowance; or
c. Such member may direct the payment of a benefit of 40 percent of the
member's monthly retirement allowance to be paid at the member's death to his
or her spouse nominated and designated by him or her at the time of
retirement, such benefit to be payable during the lifetime of such spouse; or
d. For those membc. ,who retire effective on or after December 31 1999 u, ,J
before October 1, 2010, such member[s) may elect to receive his or her normal
monthly service retirement allowance payable for life; except that in the event
the member dies before he or she has received such u:lowance for a period of
ten years, the member's beneficiary or beneficiaries shall be paid the same
allowance for the remainder of the ten-year period.
(2) In the event a member v.lio retires prior to October 1, 2010 elects to receive a
City of Miami Page 15 (f 21 File Id. 10-01091 (Version: 1) Printed On: 9110101C
File Number: 10-01091
reduced retirement allowance under option 2, 3 or 4, and has nominated and
designated his or her spouse at the time of retirement as the person to receive
payment of the benefit upon the member's death, the total minimum value of the
allowance during the member's life and the succeeding benefit shall be
computed to be of equivalent actuarial value to the allowance which he or she
would have received had the member chosen to have his or her retirement
allowance paid under the provisions of option 6.c.
(3) In no event shall any language contained herein be construed as authorizing or
allowing any member the right or privilege to exercise more than one of options
1 through 6 enumerated at this subsection.
(n) Changes in beneficiary after retirement. Any member of the retirement system who retires
from service and thereafter desires to change a designated beneficiary may do so subject to
the following qualifications:
(1) At the time the change in beneficiary is to be made, evidence of good health must
be supplied for both the member and the to -be -deleted beneficiary.
(2) To the extent the to -be -substituted beneficiary is younger (older) than the
to -be -deleted beneficiary, an actuarial adjustment shall be applied to reflect the
expected longer (shorter) life expectancy of the to -be -substituted beneficiary.
(o) Pension offset by other compensation benefit. Any periodic or lump -sum amounts which
may be paid or payable under the provisions of any state worker's compensation or similar law
to a member or to the dependents of a member on account of any disability or death, shall be
offset against and payable in lieu of any benefits payable from funds provided by the city under
the provisions of the retirement system on account of the same disability or death.
(p) Deferred retirement option program. Effective October 1, 1995, there is hereby created
the City Deferred Retirement Option Program (DROP) to be administered by the board of
trustees. Only firefighters who have retired after reaching age 50 within ten years of creditable
service or who have retired after reaching a combination of age plus years of creditable service
equal to either 64 or 68 as applicable, and who elect to defer receipt of their retirement benefit
into a DROP account shall be eligible to participate in the DROP. Effective upon the ratification
of the Memorandum of Understanding of July 11, 2008 amending Article 43 of the 2007-2010
collective bargaining agreement with the IAFF, the maximum participation in the Forward
DROP for firefighters shall be 54 full months. Effective upon the ratiF°cation of the
Memorandum of Un� ,-standing of May 8, 2008 amending Article 39 c' 'ne 2007-2010
collective bargaining agreement with the FOP, the maximum participation in the Forward
DROP for police officers who elect Forward DROP or are currently in Forward DROP shall be
84 full months.
(1) Election to participate in the DROP shall be -.lade by using forms and procedures
prescribed by the board.
(2) A firefighter's creditable service, accrued benefits and compensation calcLilation
shall be frozen L -p -)n retirement. The amount of the monthly benefit ch -All be
determined based on the creditable service, average final compensation, and
retirement option selected in accordance with section (m) herein. Average final
compensation shall be based on the single highest year preceding participation
in the DROP.
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File Number. 90-09099
(3) Upon commencement of participation ' in the DROP, the participant's contribution
and the city's contribution to the retirement trust for that participant shall cease
as the participant will not earn further creditable service for pension purposes.
(4) Effective upon the ratification of the Memorandum of Understanding of July 11,
2008 amending Article 43 of the 2007-2010 collective bargaining agreement with
the IAFF, the maximum participation in the Forward DROP for firefighters shall
be 54 full months. Effective upon the ratification of the Memorandum of
Understanding of May 8, 2008 amending Article 39 of the 2007-2010 collective
barclaining agreement with the FOP, the maximum participation in the Forward
DROP for police officers who elect Forward DROP or are currently in Forward
DROP, shall be 84 full months. No payment shall be made to or for the benefit
of a DROP participant beyond these periods.
(5) For each person electing participation in the DROP, and individual DROP account
shall be created. Payment shall be made by the retirement trust into the
employee's DROP account in an amount equal to the regular monthly retirement
benefit which the participant would have received had the participant separated
from service and commenced receipt of pension benefits.
(6) The board of trustees shall establish, by administrative rule, a series of investment
vehicles which may be chosen by DROP participants. Any losses, charges, or
expenses incurred by the participant in the participant's DROP account by virtue
of the option selected by the participant or otherwise, shall not be made up by
the City of Miami or the pension trust, but all of same shall be borne by the
participant.
(7) Upon termination of employment, a member may receive distribution from the
DROP account in the following manner:
a. Lump sum distribution (which may be used at the DROP participant's
discretion to purchase an annuity).
b. Periodic payments.
C. Roll over of the balance to another qualified retirement plan, such as an
I RA.
A member may defer distribution until the latest date authorized by section
401(a)(9) of the Internal Revenue Code.
(8) DROP participation shall not affect any other death or disability benefit provided to a
firE`.ghter under federal law, state law, city ordinance, or .ny rights or benefits
L; : ar any applicable collective bargaining agreerr ant.
(9) If a DROP participant dies before the (TROP account balances are paid out in full,
the person(s) duly so designated by such DROP participant shall receive such
DROP account balances in accordance with the DROP participant election in
effect at the time of death.
(q) Modifvd Jeferred retirement option program. Effective upon approval by the city
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File Number 10-01091
commission of the F.O.P. and I.A.F.F. labor agreements for October 1, 1998, through
September 30, 2001, the DROP of the retirement system shall consist of a Forward DROP and
a BACDROP. Any member who has reached age 50 with ten years of creditable service, or
who has attained a combination of age plus years of creditable service equal to either 64 or 68
as applicable, shall be eligible to participate in the DROP.
(1) Election to participate. Upon election of participation in the DROP, by using forms
and procedures as prescribed by the board of trustees, a member's creditable
service, accrued benefits, and compensation calculation shall be frozen and
shall be based on the single highest year preceding participation in the DROP,
as the basis of calculating the DROP payment. Upon commencement of
participation in the DROP, the participant's contribution and the city contribution
to the retirement system for that participant shall cease as the participant will be
earning no further service credit. The participant shall not acquire additional
pension credit for the purposes of the pension plan but may continue city
employment for up to a maximum as established in this Article. Effective upon
the ratification of the Memorandum of Understanding of July 11, 2008 amending
Article 43 of the 2007-2010 collective bargaining agreement with the IAFF, the
maximum participation in the Forward DROP for firefighters shall be 54 full
months. Effective upon the ratification of the Memorandum of Understanding of
May 8, 2008 amending Article 39 of the 2007-2010 collective bargaining
agreement with the FOP, the maximum participation in the Forward DROP for
police officers who elect Forward DROP or are currently in Forward DROP shall
be 84 full months.
(2) Maximum participation. Effective upon the ratification of the Memorandum of
Understanding of July 11, 2008 amending Article 43 of the 2007-2010 collective
bargaining agreement with the IAFF, the maximum participation in the Forward
DROP for firefighters shall be 54 full months. Effective upon the ratification of
the Memorandum of Understanding of May 8, 2008 amending Article 39 of the
2007-2010 collective bargaining agreement with the FOP, the maximum
participation in the Forward DROP for police officers who elect Forward DROP
or are currently in Forward DROP shall be 84 full months. Once the maximum
participation has been achieved, the participant must terminate employment.
(3) Creation of individual account. For each person electing participation in the DROP,
an individual account shall be created.
(4) Earnings on DROP account. The board of truoLves of the retirement system shall
establish, by administrative rule, a series of investment vehicles which may be
chosen by participants in the DROP. Any losses incurred on account of the
option selected by the participant shall not be made up by the City of Miami or
the FIPO trust fund, but any such loss shall be borne by the participant only.
Upon participatio,i in -'ie DROP, the participant shall make a selection of - le
earnings program o,, ,irms provided by the board. All interest shall be GreujLed
to the participant's DROP account.
(5) C`s:ribution of DROP benefits. Upon conclusion of a pc-iod of participation in the
DROP not to exceed the maximum set forth in subsection (2), the participant
shall terminate employment. Upon termination of employment, a participant may
receive payment from the DROP account in the following manner:
City of Miami Page Il of 21 File Id: 10-01091 (Version: 1) Printed On: 9110126.10
File Number: 10-01091
a. Lump sum distribution;
b. Periodic payments;
C. Rollover of the balance to another qualified retirement plan.
A participant may defer payment until the latest date authorized by Section
401(a)(9) of the Internal Revenue Code.
(6) Disability. A DROP participant shall not be entitled to receive an ordinary or service
disability retirement.
(7) Death. In the case of the death of a DROP participant, there shall be no accidental
death benefit for pension purposes.
(8) Participation does not affect other disability benefit. DROP participation shall not
affect any other death or disability benefit provided to a member under federal
law, state law, city ordinance, or any rights or benefits under any applicable
collective bargaining agreement.
(9) Death of participant before account balances paid out in full. If a DROP participant
dies before the DROP account balances are paid out in full, the person(s) duly
so designated by such DROP participant shall receive such DROP account
balances in accordance with the DROP participant election in effect at the time
of death.
(10) COLA participation. Eligibility for payments for cost of living adjustment (COLA)
shall not commence until a member has actually separated from employment
with the city. COLA service years shall be based upon creditable years of
service in calculating the employee's pension. For the purpose of complying with
Section H(3)(m) of the Amended Final Judgment in Gates, the employee's "date
of retirement" shall be the date of actual termination of employment as an
employee with the city and not the date of election to DROP.
(11) Agreement binding. Any employee who enters into a DROP agreement shall be
bound by the terms and conditions of that said agreement, except that
firefighters who are members of the 48 -month DROP as of the date of the
ratification of the Memorandum of Understanding of July 11, 2008 amending
Article 4? of the 2007-2010 collective bargaining agreement with the IAFF, may
extend :,-..3ir existing DROP agreements to a maximum of �, , months. Any
member who elects to be a DROP participant in the future shall be bound by the
specific terms of the participant's DROP agreement entered into at that time.
(12) Forward DROP. Thedate of entry into the Forward DROP shall be the beginning
of a pay period. Payment shall be ma -'3 by the retirement system into the
participant's DROP account it an a.-,.:)unt equal to the regular monthly
retirement benefit which the participant would have received had the parkipant
separated from service and commenced the receipt of benefits from the system.
The amount of the monthly benefit shall be determined based on the creditable
service, average final compensation, and retirement option selected in
accordance with subsection 40-203(m) of this Code. Upon conclusion of a
period of participation in the DROP not to exceed the maximum set forth in
subsection (2), the participant shall tee mi.,ate employment with the city.
City ofh"am; Page 19 of 21 We Id: 10-01091 (Version.: 1) Printed On: 9110/2010
File Number: 10-01091
Election of a Forward Drop program precludes participation in a BACDROP
program.
(13) . An I.A.F.F. bargaining unit member may elect to BACDROP to ae (retirement
date) no further back than the date of the member's retirement eligibility date.
The BACDROP period must be in 12 -month increments, beginning at the start of
a pay period, not to exceed 36 months. Effective upon the ratification of the
Memorandum of Understanding of July 11, 2008 amending Article 43 of the
2007-2010 collective bargaining agreement with the IAFF the maximum
participation in the Forward DROP for firefighters shall be 54 full months.
Effective upon the ratification of the Memorandum of Understanding of May 8,
2008 amending Article 39 of the 2007-2010 collective bargaining agreement with
the FOP, the maximum participation in the Forward DROP for police officers
shall be 84 full months. Upon ratification of the 2004-2005 F.O.P. labor
agreement, an F.O.P. bargaining unit member may elect to BACDROP to a date
(retirement date) no further back than the date of the member's retirement
eligibility date, provided that the BACDROP period must be in 12 -month
increments, beginning at the start of a pay period, not to exceed a total of 12
months. Participation in the BACDROP does not preclude participation in the
Forward Drop program.
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 F RM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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File Number: 10-01091
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;; of 21 File Id. 10-01091 (Version: 1) Printed On: 9/10/2610