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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 OF 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
City of Miami
Page 1 of 2 File Id: 12-00715 (Version: 31 Printed On: 11/21/2017
File Number: 12-00715 Enactment Number: 13329
Trust ("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 City'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.
*If
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:
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: 31 Printed On: 11/21/2017