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HomeMy WebLinkAboutO-13413City of Miami Legislation Ordinance: 13413 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01064 Final Action Date: 10/24/2013 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 2012-2014 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 2013 AND 2014 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 Years 2012-2013 and 2013-2014; 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 2013 and 2014 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 2012-2013 and 2013-2014 plan years; 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 2013 in the amount of $4,938,318 $3,380,875, and premium tax revenue received in calendar year 2014 in the amount City of Miami Page 1 of 2 File Id: 13-01064 (Version: 1) Printed On: 9/20/2017 File Number: 13-01064 Enactment Number: 13413 of $3,380,875, shall be transferred from the Fund to the City of Miami Firefighters' and Police Officers' Retirement Trust ("FIPO"), to reduce the City's annual required contribution to FIPO for the 2011 12 2012-13 and 2013-14 plan years. Provided, if the actual amount of premium tax revenues received in 2012 calendar year 2013 or 2014 is less than $5,088,318 $3,530,875, then the actual amount received less the administrative cost of the Fund shall be transferred to FIPO for each year that the actual amount of premium tax revenues received is less than $3,530,875, to reduce the City's annual required contribution to FIPO for the 2011 12 2012-2013 and 2013-2014 plan years, respectively. 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 October 31, 2013 for the 2012-2013 plan year and September 30, 2014 for the 2013-2014 plan year. 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 $3,380,875 annually for each year that the transfer of premium tax revenues is not approved, and premium tax revenues equal to $4,938,138 $3,380,875 shall be transferred from the Fund to FIPO and used to reduce the employee contribution back to the current level. *II 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} 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: 13-01064 (Version: 1) Printed On: 9/20/2017