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HomeMy WebLinkAboutO-14299City of Miami Ordinance 14299 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16092 Final Action Date: 7/25/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO RESOLUTION NO. R-24-0148, ADOPTED ON APRIL 25, 2024, AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-191, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF EARNABLE COMPENSATION TO CLARIFY CHANGES FOR POLICE OFFICERS BASED ON THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20. COLLECTIVE BARGAINING AGREEMENT FOR OCTOBER 1,2023, THROUGH SEPTEMBER 30, 2026; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-24-0148, adopted on April 25, 2024, the City of Miami ("City") ratified an amendment to the Collective Bargaining Agreement between the City and the Fraternal Order of Police, Walter E. Headley, Jr., Miami Lodge No. 20, in effect for the period of October 1, 2023 through September 30, 2026; and WHEREAS, as a result of the amendment to the Collective Bargaining Agreement, certain changes must be made to the pension ordinance; and WHEREAS, it is necessary to amend Chapter 40/Article IV/Division 2 of the Code of the City of Miami, Florida, as amended ("City Code"), to reflect said changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of 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 in the following particulars:1 "CHAPTER 40 PERSONNEL 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. City of Miami Page 1 of 3 File ID: 16092 (Revision:) Printed On: 7/31/2024 File ID: 16092 Enactment Number: 14299 ARTICLE IV. PENSION AND RETIREMENT PLAN DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT PLAN 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: 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: Earnable compensation for police officers shall mean an employee's base salary, including pickup contributions, for all straight time hours worked, plus assignment pay and payments received for vacation and sick leave taken, jury duty, and death -in -family leave taken, and any other items, if any, currently included in the calculation of average final compensation. Earnable compensation shall not include overtime pay except as indicated at the end of this paragraph; payments for accrued sick leave, or accrued vacation leave, or accrued compensatory leave; holiday pay; premium pay for holidays worked; the value of any employment benefits or nonmonetary entitlements; or any other form of remuneration. As of August 1, 2024, a member may elect a maximum of two hundred (200) total overtime hours to be used in calculating the average earning for pension benefits. Earnable compensation for firefighters shall mean an employee's base salary, including pickup contributions, for all straight time hours worked, plus assignment pay and payments received for vacation and sick leave taken, jury duty, and death -in -family leave taken, and any other items, if any, currently included in the calculation of average final compensation. Earnable compensation shall not include overtime pay; payments for accrued sick leave, accrued vacation leave, or accrued compensatory leave; holiday pay; premium pay for holidays worked; the value of any employment benefits or nonmonetary entitlements; or any other form of remuneration. *„ 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 shall become effective immediately upon its adoption and signature of the Mayor.2 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 2 of 3 File ID: 16092 (Revision:) Printed on: 7/31/2024 File ID: 16092 Enactment Number: 14299 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty -ttor -y 7/1/2024 City of Miami Page 3 of 3 File ID: 16092 (Revision:) Printed on: 7/31/2024