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HomeMy WebLinkAboutLegislation-SUB (Version 3)THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. %.,ILy of Miami Legislation Ordinance: 13329 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00715 Final Action Date: 7/12/2012 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 6432, ADOPTED SEPTEMBER 2, 1959, AS SUBSEQUENTLY AMENDED, ENTITLED "THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND ", TO IMPLEMENT THE 2011-2012 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 587; PROVIDING FOR THE TRANSFER OF CHAPTER 175 PREMIUM TAX REVENUES RECEIVED IN 2012 FROM THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND TO THE CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami entered into a collective bargaining agreement with the International Association of Firefighters, AFL-CIO, Local 587 for Fiscal Year 2011-2012; and WHEREAS, under the terms of the collective bargaining agreement, the parties agreed to transfer certain premium tax revenues received by the City of Miami ("City") in 2012 pursuant to Chapter 175, Florida Statutes, from the Miami Fire Fighters' Relief and Pension Fund to the City's Miami Firefighters' and Police Officers' Retirement Trust ("FIPO"), to reduce the City's annual required contribution to the FIPO for the 2011-2012 plan year; and WHEREAS, to implement the transfer of premium tax revenues provided in the collective bargaining agreement, it is necessary to amend the Miami Fire Fighters' Relief and Pension Fund; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION QF 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. Ordinance No. 6432, adopted September 2, 1959, as subsequently amended, entitled "The Miami Fire Fighters' Relief and Pension Fund", is further amended in the following particulars:{1} "Section 3. Funding (a) Contributions. The City shall contribute to the Fund each year an amount equal to the amount it receives under the provisions of Chapter 175, Florida Statutes, as amended. The City shall make its contributions to the Fund as soon as possible but in no event later than five days of its receipt of such amount. The City shall not be required to levy any additional taxes on its residents to make any contributions to the Fund. Notwithstanding anything in this subsection (a) to the contrary, premium tax revenues received in calendar year 2012 in the amount of $4,938,318 shall be transferred from the Fund to the City of Miami Firefighters' and Police Officers' Retirement Trust City of Miami Page 1 of 2 File Id: 12-00715 (Version: 3) Printed On: 9/27/2012 L2,^c*01t5 Legisla+ion-50 (ver.ion ) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS File Number: 12-00715 DOCUMENT. Enactment Number, 13329 ("FIPO"), to reduce the City's annual required contribution to FIPO for the 2011-12 plan year. Provided, if the actual amount of premium tax revenues received in 2012 is less than $5,088,318, then the actual amount received less the administrative cost of the Fund shall be transferred to FIPO to reduce the Citv's annual required contribution to FIPO for the 2011-12 plan year. The transfer of premium tax revenues provided in the preceding sentences shall occur within ten days following the date the premium tax revenues are received by the Fund, and in no event later than September 30, 2012. In the event the transfer of premium tax revenues provided above is not approved by the Florida Division of Retirement, contributions to FIPO shall be increased by a percentage of firefighter payroll that equals $4,938,138, and premium tax revenues equal to $4,938,138 shall be transferred from the Fund to FIPO and used to reduce the employee contribution back to the current level. *11 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. ErRU CITY ATTQRNEY 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 2 of 2 File Id: 12-00715 (Version: 3) Printed On: 9/27/2012 SUBSTITUTED kity .of Miami Legislation Ordinance City Hali 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Numb 12-00715 Final Action Date: AN ORD NCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 6432, ` SOPTED SEPTEMBER.2, 1959, FURTHER AMENDED PURSUANT TO ORDINAL'. E NO. 11462, ADOPTED MARCH 20, 1997, 'ENTITLED "THE MIAMI FIRE FIGHTE .' RELIEFANDP.ENSION FUND "., TO IMPLEMENTTHE.2011- 2012 COLLECT, BARGAINING. AGREEMENT BETWEEN THE CITY OF MIAMI AND THE INTERN IONAL ASSOCIATION OF FIREFIGHTERS LOCAL 587; PROVIDING FOR T TRANSFER OF CHAPTER 175 PREMIUM TAX REVENUES RECEIVED IN 2012 FM THE MIAMI .FIRE FIGHTERS' RELIEF AND PENSION FUND TO THE CITY OF IAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST; CTAINING A SEVERABILITY CLAUSE. AND PROVIDING FOR AN IMMEDIATE EFFE `;VE DATE. WHEREAS, the City of.Miami entered in , a collective 'bargaining agreement with the International Association of. Firefighters, AFL-CIO, Local'5: or:Fiscal Year.2011;201.2; and WHEREAS, under .the terms of the collective gaining agreement, 'the partiesagreed to transfer certain premiumtax revenues received by the City o lami ("City") In '2012 pursuant to Chapter 175, Florida Statutes, from the Miami .Fire Fighters' Relief a Pension Fund .to the City's Miami Firefighters' and Police Officers' Retirement Trust ("FIPO"), to reduc e City's.annual required contribution to the FIPO for the 2011-2012 ,plan year; and WHEREAS, to implement the transfer ofpremium'tax reve es provided in the collective bargaining agreement, it'is necessary to amend the Miami Fire *hters' Relief and Pension Fund; NOW, THEREFORE, .BE IT ORDAINED .BY THE COMMISSIO .FLORIDA: F THE CITY OF MIAMI, Section 1. The recitals and findings contained'in the .Preamble to .this':. inance are adopted by -reference and incorporated as if fully set forth in this Section. Section.2. Ordinance No. 6432, adopted September.2, 1959, further amenpursuant to Ordinance No. 11462, adopted 'March 20, 1997, entitled "The Miami Fire Fighters elief and Pension Fund", is further amended in the following particulars:{1) "Section .3. Funding (a) Contributions. The City shall contribute to the Fund each year .an amount equal .to 'th - mount it receives under the provisions of Chapter 175, Florida Statutes, .as amended. The City s' ;II make its contributions to the Fund as soon as possible .but' in no event later than five days of its re ipt of such .amount. The City shall not be required to levy any additional taxes on its residents to ke any contributions to the Fund. Notwithstanding anything in this -subsection (a) to the contra:' premium tax revenues received in calendar year :2012 in the amount of $4.,938,318 shall b : City of Miami Page 1 of 2 File Id: 12-00715 (Version: 1) Printed On: 6/19/2012 SUBSTITUTED File mbar: '12-00715 tra .ferred from the Fund to the City of Miami Firefighters' and Police Officers' Retirement Trust ("Fl "), to reduce the City's annual required contribution to FIPO for the .2011-12 plan year, Provie. , if the actual amount of premium tax revenues received in 2012 is less than $5,088,318, then the ctual amount received less the administrative cost of the Fund shall be transferred to FIPO r=•uce the City's annual required contribution to FIPO for the 2011-12 plan year. The transfer of • -mium tax revenues provided in the preceding sentences shall occur within ten days following the • -te the premium tax revenues are received by the Fund, and in no event later than September 30,`"012. In the event the transfer of premium tax revenues provided above is not approved by the orida Division of Retirement, the parties agree that employee contributions to FIPO shall .be incre':, ed by.a percentage of firefighter payroll that equals $4,938,138, and premium tax revenues equal t ,$4,938,138 shall be transferred from the Fund to FIPO and used to reduce the employee contribut`; back to the current level. Section 3. If any section, part o }-ction, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisi ; s of this Ordinance shall not be affected. Section 4. This Ordinance shall becoY- effective immediately after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTN `>;S: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Under ° ored words and/or figures shall be added. The remaining provisions are now in effect and unchang . Asterisks indicate omitted and unchanged material. {2} This Ordinance shall .become effective as specified herein unless v 4• ed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor veto'vs this .Ordinance, it shall become effective immediately upon override of the veto by the City Comm - ion or upon the effective date stated herein, whicheveris later. City of Miami Page 2 of 2 File. Id: 12-00715 (Version: 1) Printed On: 6/19/2012