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File ID: #16177
Ordinance
ored by: Miguel Gabela, Commissioner, Christine King, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF
MIAMI ELECTED OFFICERS RETIREMENT TRUST"; MORE PARTICULARLY BY
AMENDING SECTION 40-296, TITLED "APPLICABLE BENEFITS"; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 16177 (Revision: A) Printed On: 11/5/2024
City of Miami
Legislation
Ordinance
Enactment Number: 14321
File Number: 16177 Final Action Date: 10/24/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF
MIAMI ELECTED OFFICERS RETIREMENT TRUST"; MORE PARTICULARLY BY
AMENDING SECTION 40-296, TITLED "APPLICABLE BENEFITS"; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 40, Article IV, Division 4 of the Code of the City of Miami, Florida, as
amended, is further amended in the following particulars:
1
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
* * *
DIVISION 4. CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST
Sec. 40-296. Applicable Benefits.
(a) Certain eElected officers, who were elected officers for a period of ten (10) years or
more and who no longer serves as elected officers, shall be entitled during the
remainder of their natural lives to a sum equal to one-half of their W-2 wages or
Compensation, whichever is higher, for the highest of the last three (3) years of
service of any of their term of office and a single sum death benefit fully vested at date
of death. Any term of office shall mean the years when an elected officer originally
vested and collected a benefit or when an elected officer returns to service at a later
time, whichever W-2 wages are higher. Upon vesting and each year thereafter of
service as an elected officer, the retirement allowance shall be five percent (5%) for
each year of service to a maximum of 100 one hundred percent (100%) of the highest
W-2 wage or Compensation, whichever is higher.
(b) Elected officers in office on or after October 1, 2021, shall be eligible for a retirement
benefit as follows:
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 File ID: 16177 (Revision: A) Printed On: 11/5/2024
1. Elected officers elected from October 1, 2001, until October 22, 2009, who were
elected officers for a period of seven years or more and who no longer serve as
elected officers of the City of Miami shall be entitled, upon reaching age 55, during the
remainder of their natural lives to a sum equal to one-half of their W-2 wages or
Compensation, whichever is higher, for the highest of the last three years of service of
their term of office and a single sum death benefit fully vested at date of death. Upon
vesting and each year thereafter of service as an elected officer, the retirement
allowance shall increase by five percent for each year of service to a maximum of 100
percent of the highest W-2 wages or Compensation, whichever is higher.
2. Elected officers who were elected to office after October 1, 2021, shall be entitled to
a benefit upon separation with the following conditions: (1) the Elected Officer has 10
years of service and has reached the age of 60 or (2) the Elected Officer has
separated after beginning their seventh (7t") year of service and has reached the age
of 62. Upon separation, the Elected Officer is entitled to a sum equal to one-half of
their W-2 wages or Compensation, whichever is higher, for the highest of the three (3)
years of service of any term of office and a single sum death benefit fully vested at
date of death. Upon vesting and each year of service as an elected officer thereafter,
the retirement allowance shall increase by five percent (5%) for each year of service to
a maximum of one hundred percent (100%) of the highest W-2 wages or
Compensation, whichever is higher. An elected officer who does not elect to receive the
benefits under this paragraph within 10 calendar days of the effective date of this
resolution or upon re-election after a break in service from office waives their right to
obtain a benefit under this paragraph with prejudice. If the elected officer elects to
participate in the Elected Officers Retirement Trust, that election shall be irrevocable.
(c) °ny person elected to the—of#eef er—Grce ccioner after tober 222, 2S
officers currently holding office who have not vested, but who serve for seven years or
more in the office they currently hold, irrespective of whether they served successive
terms.
Any elected officer who is currently serving a term at the time of adoption of the
ordinance providing this benefit and any future elected officer is entitled to a three -
percent (3%) cost of living increase on the January 1st of each year after the elected
officer begins collecting their benefit; the three -percent (3%) cost of living increase
shall begin on the January after an elected officer begins collecting their benefit and
will not apply to any elected officer who is no longer serving a term at the time of the
adoption of the ordinance providing this benefit.
(f) An elected officer's retirement benefits shall not be changed once the elected officer
has vested and begins collecting retirement benefits. The only exception is when an
elected officer returns to elected service and the additional yearly retirement allowance
increases during their additional years of service. This subsection shall apply to all
elected officers from the inception of the City of Miami Elected Officers' Retirement
Trust.
(q) This subsection shall not apply to a Strong Mayor should the Charter change to
incorporate a Strong Mayor form of government.
*„
Section 2. 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.
City of Miami File ID: 16177 (Revision: A) Printed On: 11/5/2024
Section 3. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ge . Wyk, ng III, C y
6/17/2024 e% ge Wyng III, C y
8/1/2024
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 File ID: 16177 (Revision: A) Printed On: 11/5/2024