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HomeMy WebLinkAboutLegislation-SUB• • City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ups p File Number: 08-00383a Final Action Date: (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-203, W ENTITLED "BENEFITS," TO AMEND THE MAXIMUM PARTICIPATION = O bo ALLOWABLE IN THE FORWARD DEFERRED RETIREMENT OPTION PROGRAM u__ FROM FORTY-EIGHT (48) TO EIGHTY-FOUR (84) MONTHS FOR POLICE OFFICERS; CORRECTING A SCRIVENER'S ERROR TO PROPERLY REPORT �.1 THE SERVICE POINTS NEEDED BY FIREFIGHTERS FOR RETIREMENT FROM F '"" (� ,f) SEVENTY (70) TO SIXTY-FOUR (64); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current Deferred Retirement Option Program ("DROP") provision only allows police officers to remain in the Forward DROP for forty-eight (48) months; and WHEREAS, the Ordinance also needed a correction for a scriveners error to reflect the service co ea M points needed by firefighters for retirement from seventy (70) to sixty-four (64); LJJ cL 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 40 of the Code of the City of Miami, as amended, entitled "Personnel," is amended in the following particulars: {1} City * "CHAPTER 40 PERSONNEL * ARTICLE IV. PENSION AND RETIREMENT PLAN * DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST THIS DOCUMENT I. �S A SUBSTITUTION TO SEEN AT A ° Phge 1 o HIS DOCUMENT Printed On: J6/1008 File Number: 08-00383a • Section 40-203. Benefits • • * * (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 78 64• and who elect to defer receipt of their retirement benefit into a DROP account shall be eligible to participate in the DROP. The maximum participation in the DROP is 36 full months. Effective upon approval by the City Commission of the IAFF labor agreement for October 1, 2001 through September 30, 2004, the maximum participation in the DROP for firefighters shall be 48 full months. Effective upon appfevai-by- the ratification of the Memorandum of Understanding of Mav 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 on October 1, 2003, or thereafter, shall be 48 84 full months. * * (4) Effective upon approval by the city commission of the IAFF labor agreement for October 1, 2001 through September 30, 2004, the maximum participation in the DROP for firefighters shall be 48 full months. Effective upon the ratification of the Memorandum of Understanding of Mav 8, 2008 amending Article 39 of the 2007-2010 collective bargaining agreement with the FOP, approval by the city commission of the FOP labor agreement for October 1, 2001 through September 30, 2001, the maximum participation in the Forward DROP for police officers who elect Forward DROP or are currently in Forward DROP on October 1, 2003, or thereafter, shall be 48 84 full months. No payment shall be made to or for the benefit of a DROP participant beyond these periods. * * * (q) Modified deferred retirement option program. Effective upon approval by the city 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 64, 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 of-36-reanths as established in this Article. Effective upon approval by the city commission of the IAFF labor agreement for October 1, 2001 through September 30, 2004, the maximum participation in the DROP for firefighters shall be 48 full months. THIS DOCUMENT IS A SUBSTITUTION TO a ORIGINAL CAN BE LftilrE N H k 1 DOCUMENT Printed n: 5/6/2008 • • • File Number: 08-00383a 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 48 84 full months. (2) Maximum participation. The maximum period of participation in the DROP is 36 months. Effective upon approval by the city commission of the IAFF labor agreement for October 1, 2001 through September 30, 2004, the maximum participation in the DROP for firefighters shall be 48 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 FOP labor agreement for October 1, 2001 through September 30, 2004, the maximum participation in the Forward DROP for police officers who elect a Forward DROP or are currently in Forward DROP on October 1, 2003, or thereafter, shall be 48 84 full months. Once the maximum participation has been achieved, the participant must terminate employment. * (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 36-month DROP as of the date of the ratification of the IAFF labor agreement effective October 1, 2001 through September 30, 2004 may extend their existing DROP agreements to a maximum of 48 months. Any employee who enters into a DROP agreement shall be bound by the terms and conditions of said agreement, except that police officers who are members of the 48-month DROP as of the date of the ratification of the Memorandum of Understanding of May 8, 2008 amending Article 39 of the 2007-2010 collective bargainingagreement with the FOP may extend their existing DROP agreement to a maximum of 84 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. * (13) BACDROP. An I.A.F.F. 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. The BACDROP period must be in 12-month increments, beginning at the start of a pay period, not to exceed 36 months. Effective upon approval by the city commission of the IAFF labor agreement for October 1, 2001 through September 30, 2004, the maximum participation in the DROP for firefighters shall be 48 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 -elected DROP on October 1, 2003 or thereafter, shall be 84 48 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. " UOC:T,tS A SUBSTITUTION TO ORICMAL CAN BE DOCUMENT q''t 9 r,� g SEE City of Miami Page 3 of 4 Printed On: 5/6/2008 File Number: 08-00383a Section 3. If any section, part of a 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 is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 5. The requirements of reading this Ordinance on two separate days is dispensed with an affirmative vote of not less than four -fifths (4/5ths) of the members of the Commission. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{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 remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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. A R�� SUBSTITUTION TO .. :).. Gs AL CAN BE CUMENT City of Miami Page 4 of 4 Printed On: 5/6/2009 City of Miami Legislation Ordinance City Hall 3500 Pan Ameri Drive Miami, FL 3313 www.miamigov.co File Nu ber: 08-00383a Final Action Date: (4/5T . VOTE) AN EM GENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ' AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMEN ' LAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT ' UST," MORE PARTICULARLY BY AMENDING SECTION 40-203, ENTITLED "BEN ITS," TO AMEND THE MAXIMUM PARTICIPATION ALLOWABLE IN T FORWARD DEFERRED RETIREMENT OPTION PROGRAM FROM FORTY-EIGH 48) TO EIGHTY-FOUR (84) MONTHS FOR POLICE OFFICERS; CORRECT A SCRIVENER'S ERROR TO PROPERLY REPORT THE SERVICE POINTS EDED BY FIREFIGHTERS FOR RETIREMENT FROM SEVENTY (70) TO SIXTY- • LIR (64); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN E ECTIVE DATE. WHEREAS, the current Deferred Retirem-nt Option Program ("DROP") provision only allows police officers to remain in the Forward DROP •r forty-eight (48) months; and WHEREAS, the Ordinance also needed a corre ion for a scrivener's error to reflect the service points needed by firefighters for retirement from seve,ty (70) to sixty-four (64); NOW, THEREFORE, BE IT ORDAINED BY THE CO MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Prea ' le to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 40 of the Code of the City of Miami, as amen -d, entitled "Personnel," is amended in the following particulars: {1} "CHAPTER 40 PERSONNEL ARTICLE IV. PENSION AND RETIREMENT PLAN DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT UST City ofMiatni Page 1 of 3 Printed On: 4/30/1008 File Number: 08-00383a Sect , n 40-203. Benefits (p) Deferr Deferred Re firefighters wh retired after rea elect to defer rece the DROP. City Commission of t maximum participation retirement option program. Effective October 1, 1995, there is hereby created the City ement Option Program (DROP) to be administered by the board of trustees. Only have retired after reaching age 50 within ten years of creditable service or who have ing a combination of age plus years of creditable service equal to 70 64 and who t of their retirement benefit into a DROP account shall be eligible to participate in Effective upon approval by the IAFF labor agreement for October 1, 2001 through September 30, 2004, the the DROP for firefighters shall be 48 full months. Effective upon approval -by - the ratification of the Memoran • m of Understanding of May 8, 2008 amending Article 39 of the 2007- 2010 collective bargaining ag -ement with the FOP, the maximum participation in the Forward DROP for police officers who elect Fo and DROP or are currently in Forward DROP , thereafter; shall be 48 84 full mo s. (4) ` - - - - - - - - = Effective upon approval by the city commission of t . IAFF labor agreement for October 1, 2001 through September 30, 2004, the maximum participa on in the DROP for firefighters shall be 48 full months. Effective upon the ratification of the Memoran • m of Understanding of May 8, 2008 amending Article 39 of the 2007-2010 collective bargaining agree ' ent with the FOP, , the maximum participation in the Forward DROP for police officers ho elect Forward DROP or are currently in Forward DROP , sha be 48 84 full months. No payment shall be made to or for the benefit of a DROP participant beyon• hese periods. (q) Modified deferred retirement option program. Effective upo approval by the city commission of the F.O.P. and I.A.F.F. labor agreements for October 1, 1998, th 'ugh September 30, 2001, the DROP of the retirement system shall consist of a Forward DROP a d a BACDROP. Any member who has reached age 50 with ten years of creditable service, or who has - ained a combination of age plus years of creditable service equal to 64, shall be eligible to participate i he DROP. (1) Election to participate. Upon election of participation in the DROP, b sing forms and procedures as prescribed by the board of trustees, a member's creditable s ice, accrued benefits, and compensation calculation shall be frozen and shall be based on the single ighest year preceding participation in the DROP, as the basis of calculating the DROP payment. Upon ommencement of participation in the DROP, the participant's contribution and the city contribution to he retirement system for that participant shall cease as the participant will be earning no further s ice credit. The participant shall not acquire additional pension credit for the purposes of the pension • an but may continue city employment for up to a maximum of36-months as established in this Artic . Effective upon approval by the city commission of the IAFF labor agreement for October 1, 2001 t ough September 30, 2004, the maximum participation in the DROP for firefighters shall be 48 ful onths. City of Miami Page 2 of 3 Printed On: 4/30/200$6- File Number: 08-00383a ective upon the ratification of the Memorandum of Understanding of May 8, 2008 amending Article 39 •f the 2007-2010 collective bargaininq agreement with the FOP, , the maximum particip-tion in the Forward DROP for police officers who elect Forward DROP or are currently in Forward CROP , shall be 48 84 full months. (2) Maximu ' participation. Effective upon approval .y the city commission of the IAFF labor agreement for October 1, 2001 through September 30, 404, the maximum participation in the DROP for firefighters shall be 48 full months. Effective upon the atification of the Memorandum of Understanding of May 8, 2008 amending Article 39 of the 2007-201 ' ollective bargaining agreement with the FOP, , the maximum participation in the Forw- d DROP for police officers who elect a Forward DROP or are currently in Forward DROP : - - : = - , ! ! -, : • = - - • - , shall be 48 84 full months. Once the maximum participation has been achie ed, the participant must terminate employment. * Section 3. If any section, part o - section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provis 'ns of this Ordinance shall not be affected. Section 4. This Ordinance is declare • o be an emergency measure on the grounds of urgent public need for the preservation of peace, - alth, safety, and property of the City of Miami, and upon the further grounds of the necessity to make e required and necessary payments to its employees and officers, payment of its debts, necessary a 'd required purchases of goods and supplies, and to generally carry on the functions and duties of mu ' icipal affairs. Section 5. The requirements of reading this Ordi nce on two separate days is dispensed with an affirmative vote of not Tess than four -fifths (4/5ths) of t' - members of the Commission. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{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/o figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisk •ndicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor hin ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall be..me effective immediately upon override of the veto by the City Commission or upon the effective da stated herein, whichever is City of Miami Page 3 of 3 Printed On: 4/30/200