HomeMy WebLinkAboutLegislation-SUB (Version 3)THIS DOCUMENT IS A SUBSTITUTION
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%.,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