Loading...
HomeMy WebLinkAboutO-12993City of Miami Legislation Ordinance: 12993 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00383a Final Action Date: 5/8/2008 (4/STHS 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, ENTITLED "BENEFITS," TO AMEND THE MAXIMUM PARTICIPATION ALLOWABLE IN THE FORWARD DEFERRED RETIREMENT OPTION PROGRAM FROM FORTY-EIGHT (48) TO EIGHTY-FOUR (84) MONTHS FOR POLICE OFFICERS; CORRECTING A SCRIVENER'S ERROR TO PROPERLY REPORT THE SERVICE POINTS NEEDED BY FIREFIGHTERS FOR RETIREMENT FROM 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 scrivener's error to reflect the service points needed by firefighters for retirement from seventy (70) to sixty-four (64); 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} "CHAPTER 40 PERSONNEL ARTICLE IV. PENSION AND RETIREMENT PLAN DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST City of Miami Page 1 of 4 File Id: 08-00383a (Version: 21 Printed On: 5/2/2017 File Number: 08-00383a Enactment Number: 12993 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 70 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 approval by the city commission of the FOP labor agreement for October 1, 2001 through September 30, 200/1 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 on October 1, 2003, or thereafter, shall be 48 84 full months. (4) DROP participa-nts may continue city employment for up to a maximum of 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 the ratification of the Memorandum of Understanding of May 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, 2004, 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 months as established in this Article. Effective upon approval by the city commission of the IAFF labor agreement for October City of Miami Page 2 of 4 File Id: 08-00383a (Version: 21 Printed On: 5/2/2017 File Number: 08-00383a Enactment Number: 12993 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, approval by the city commission of the FOP labor agreement for October 1, 2001 through September 30, 2004, 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. (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, approval by the city commission of 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 bargaining agreement 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, approval by the city commission of the FOP labor agreement for October 1, 2001 through September 30, 2004, 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 City of Miami Page 3 of 4 File Id: 08-00383a (Version: 21 Printed On: 5/2/2017 File Number: 08-00383a Enactment Number: 12993 program. 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} 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. City of Miami Page 4 of 4 File Id: 08-00383a (Version: 21 Printed On: 5/2/2017