HomeMy WebLinkAboutBack-Up from Law Dept8/13/2015 Miami, FL Code of Ordinances
DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST
FOOTNOTE(S):
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Editor's note -Ord, No. 12111, § 1, adopted September 25, 2001, amended div. 3, §§ 40-241-40-263 in
its entirety to read as herein set out. Formerly, div. 3 pertained to similar subject matter and derived from
Code 1980, §§ 40-225-40-247; Ord. No. 10002, § 1, adopted June 13, 1985; Ord. No. 10458, § 1, adopted
July 14, 1988; Ord. No. 10911, § 1, adopted September 5, 1991; Ord. No. 11021, § 1, adopted November 12,
1992; Ord. No. 11073, §§ 2, 3, adopted July 22, 1993; Ord. No. 11192, § 2, adopted October 27, 1994; Ord.
No, 11199, § 1, adopted November 17, 1994; Ord. No. 11232, § 2, adopted March 9, 1995; Ord. No. 11234,
§ 1, adopted March 27, 1995; Ord. No. 11340, § 1, adopted February 29, 1996; Ord. No. 11392, § 1,
adopted September 12, 1996; Ord, No. 11546, § 1, adopted September 23, 1997; Ord, No. 11564, § 15,
adopted October 28, 1997; Ord. No. 11589, § 1, adopted January 13, 1998; Ord. No. 11608, § 1, adopted
February 10, 1998; Ord. No. 11717, § 1, adopted October 27, 1998; Ord. No. 11729, § 1, adopted
November 17, 1998; Ord. No. 11743, § 2, adopted January 12, 1999; Ord. No. 11879, § 2, adopted January
13, 2000; Ord. No. 11927, § 2, adopted May 11, 2000.
Note -Section 2 of Ord. No. 12111, adopted September 25, 2001, is as follows: "This Ordinance shall be
applied on a prospective basis only. No person who is a separated vested member; a member not in
service or currently a beneficiary under the plan shall be entitled to the benefits provided for in this
Ordinance, except as otherwise specifically provided. Benefits available to those persons shall be the
benefits in effect on the date of separation from service. The deletion of obsolete language shall not
impair or diminish the rights of any person to whom those benefits are applicable."
Sec. 40-241. - Definitions.
The following words and phrases as used in this division shall have the following meanings:
Accumulated employee contributions shall mean the sum of all amounts deducted from a member's
compensation or picked up on behalf of a member, together with regular interest as provided in this
division. Accumulated employee contributions shall also mean any amounts paid by a member for the
purchase of military service credits or other paybacks permitted in this Plan.
Active membership shall mean membership in the Plan as an employee.
Actuarial equivalent shall mean a benefit having the same present value as the benefit it replaces
based upon the actuarial table adopted by the board of trustees.
And shall have a conjunctive meaning.
Average final compensation shall have a meaning dependent upon the date of hire and the date of
termination of service of the member. The periods of time for which average final compensation is
determined are:
(a)
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For members who became employed before May 24, 1984, and whose active membership in the
Plan did not cease before May 23, 1985. In the case of such members, average final
compensation shall mean the highest compensation of that member during any one year of
membership service. The highest one year of compensation shall not exceed the second highest
year of compensation by more than 15 percent excluding any difference due to longevity,
anniversary and negotiated cost of living increases. The term "year" shall be calculated using the
highest 12 months of compensation, but the months need not be consecutive.
(b) In the case of a member who becomes an employee on or after May 24, 1984 and who retires or
terminates employment with ten or more years of creditable service prior to October 1, 2010, or
for an employee whose service has previously ended or who is not a member absent from
service, but recommences on or after May 24, 1984 who retires or terminates employment with
ten or more years of creditable service prior to October 1, 2010, average final compensation shall
mean the average annual compensation of the member during the last two years of membership
service, or the highest two years of membership service, whichever is greater. In the case of the
highest two years of membership service, the years need not be consecutive. The term "year"
shall be calculated using the highest 12 months of compensation, but the months need not be
consecutive.
(c) Effective September 30, 2010, for members employed on that date who retire on or after October
1, 2010, average final compensation shall mean: average of highest five years of the last ten years
of service, to be phased in over the next three years as follows: average final compensation for
members who retire on or after October 1, 2010 and on or before September 30, 2011 will be
based on the average of the highest three years of membership service; for members who retire
on or after October 1, 2011 and on or before September 30, 2012, it will be based on the average
of the highest four years of membership service; and for members who retire on or after October
1, 2012, the average of the highest five years of the last ten years of membership service.
Provided, in no event shall the average final compensation of any member who is employed on
September 30, 2010 and retires on or after October 1, 2010, be less than the member's average
final compensation as of the date of the plan change.
BACDROP shall mean Benefit Actuarially Calculated Deferred Retirement Option Program.
Beneficiary shall mean any person receiving a retirement allowance or other benefit from the Plan.
Benefit shall mean a retirement allowance or other payment provided by the Plan and made to a
member, retiree or beneficiary.
Board or board of trustees shall mean the board of trustees of the Plan.
Child shall mean the natural or adopted child of a member, but shall not include foster children or
step -children.
City shall mean the City of Miami, Florida.
City commission or commission shall mean the Miami City Commission.
COLA shall mean the cost of living adjustment provided under the terms of the Plan.
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Compensation shall mean a member's base salary, including pick-up contributions for all straight time
hours worked, assignment pay, pay supplements, vacation, and sick leave used while an active member,
jury duty, and death in family leave taken or any other administrative leave approved pursuant to
ordinance, labor agreement, or city personnel policy which is used as part of the member's base salary.
Compensation shall not include overtime pay, payments for accumulated sick leave, accumulated vacation
leave, or accumulated compensatory leave, premium pay for holidays worked, call back pay, uniform
allowances, tool allowances, the value of any other employment benefit or non -monetary entitlement, or
any other form of remuneration.
Creditable service shall mean credit upon which a member's eligibility to receive benefits under the
Plan is based, or upon which the amount of such benefits is to be determined.
Disability shall mean the permanent and total incapacity to perform useful and efficient service as an
employee of the city as determined by the board pursuant to the terms of the Plan.
DROP shall mean Deferred Retirement Option Program and shall include a Forward DROP and a
BACDROP.
Early service retirement shall mean a member's withdrawal from service under circumstances
permitting the payment of a retirement benefit before such member is eligible for normal service
retirement.
Employee shall mean any regular, permanent, and full-time appointed officer or employee of the city,
other than a police officer or firefighter as defined in section 40-191 of the city Code. The term "employee"
shall include both classified and unclassified employees, provided they are appointed on a full-time basis
as defined by the Civil Service Rules, collective bargaining agreement, or other applicable city personnel
policy. The term "employee" shall also include members of this Plan who become employees of Miami -
Dade County by virtue of the merger, transfer, or assignment of governmental units or functions from the
city to Miami -Dade County. Any such employee shall continue as a member of this Plan unless they elect
within six months after the date of the transfer to become a member of the Florida Retirement System.
For the purpose of any such employee, Miami -Dade County shall be deemed included within the term
"city" as used in this Code. Temporary, part-time or casual employees shall not be deemed "employees."
Forward DROP shall mean a Deferred Retirement Option Program where benefit is equal to the
regular retirement benefit the member would have received had the member separated from service and
commenced the receipt of benefits from the plan.
Full time shall mean an employee who is compensated on a 40 hour per week basis.
Fund shall mean the City of Miami General Employees' and Sanitation Employees' Retirement Trust
Fund.
General Employees' Union shall mean the certified collective bargaining agent for all general employees
of the city, except sanitation employees, managerial employees and confidential employees.
May shall mean a permissive term.
Member shall mean an employee for whom contributions to the Plan are picked up as required by this
Plan.
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Member absent from service shall mean any member who has ceased to be an employee for Tess than
three years in a period of five consecutive years after last becoming a member, and who has not
withdrawn the accumulated employee contributions,
Member not in service shall mean any member who has a vested right to retirement pursuant to the
provisions of this Plan. A member not in service shall also be known as a vested separated member. This
term shall not include retired members who have been rehired by the city in positions not eligible for
participation in this Plan.
Membership service shall mean service as an employee for which contributions to the Plan were made
as required by this Plan.
Miami City General Employees' Retirement Plan shall mean the city pension plan which was established
effective July 1, 1956, pursuant to Ordinance No. 5624, enacted May 2, 1956, as amended.
Noninvestment expenses shall exclude fees paid to money managers whose duty it is to invest and
manage the assets of the Plan and to report on the performance of those investments. Salaries for office
staff, overhead, professional fees for actuaries, accountants, financial consultants, performance monitors
and attorneys, and other similar nonbenefit costs are examples of non -investment expenses.
Normal costs shall mean the cost of benefits attributable to the current year under the modified
aggregate entry age normal cost method.
Normal retirement age shall mean age 55 for members employed on September 30, 2010 who have
attained age 55 by that date and members who retire or terminate employment with ten or more years of
creditable service prior to October 1, 2010. Normal retirement age shall mean the earlier of age 60 with
ten years of creditable service or age 55 with 30 years of creditable service for members who have not
attained age 55 as of September 30, 2010 and all other members who retire on or after October 1, 2010.
Option shall mean one of several choices available to members with respect to the manner in which a
retirement benefit may be paid.
Payback shall mean a member's contribution to the Plan for creditable service for which other than
regular contributions have been made. Contributions required for paybacks shall not be picked up by the
city, but may be deducted from a member's compensation.
Pick-up amounts shall mean employer contributions derived from a member's compensation through
a reduction in the member's compensation. For the purposes of this Plan, amounts picked -up shall be
considered for state law purposes as employee contributions.
Plan shall mean the City of Miami General Employees' and Sanitation Employees' Retirement Trust.
Plan year shall mean the period from October 1 through September 30 of the following year.
Pre-existing condition shall mean a condition of health which pre -dated any period of Plan
membership.
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Regular contributions shall mean amounts picked -up by the city from the compensation of a member.
Regular contributions shall not include payback contributions or any other amounts which may be
deducted from a member's compensation pursuant to this division.
Regular interest shall mean interest at the rate prescribed by the board of trustees which shall be not
less than one percent per quarter of the contribution balance as of the end of the previous calendar year,
including interest.
Retiree shall mean a former member who is in receipt of benefits from the Plan.
Retirement shall mean a member's withdrawal from service with a benefit granted to the member
pursuant to the provisions of this Plan.
Rule of 70 shall mean a computation permitting normal retirement where the sum of the member's
age and length of creditable service is equal to at least 70, provided that the member has completed ten
years of creditable service.
Sanitation Employees' Union shall mean the certified collective bargaining agent for all sanitation
employees of the city, except for managerial employees, confidential employees and employees covered
by another collective bargaining unit.
Service shall mean active employment as an employee of the city.
Service retirement shall mean a member's retirement from service under circumstances permitting
payment of a retirement benefit without reduction because of age, length of service, or both and without
special qualifications such as disability.
Spouse shall mean the lawful husband or wife of a member or retiree at the time benefits commence,
unless a new designation has been made in writing to the board in accordance with the provisions of this
Plan. This section shall be interpreted under Florida choice of law rules.
Surviving spouse means the spouse of the member at the time benefits commence unless a new
designation has been made in accordance with the provisions of this Plan.
Trustee shall mean a member of the board of trustees of the Plan.
Useful and efficient service shall mean the performance of the regular duties of the position to which
the employee is assigned by the city. The board shall determine from the facts of each disability
application whether the member is performing in accordance with this definition.
Unfunded liability shall mean the excess of the actuarial accrued liability of the Plan over (the) present
asset value used to determine the city's funding obligation.
Vested benefit shall mean an immediate or deferred benefit to which a member has gained a non -
forfeitable right under the provisions of this Plan, without the need for additional creditable service.
Vesting shall mean ten years of creditable service before the member is entitled to service retirement
benefits and non -service disability.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 12202, § 2, 3-27-02; Ord. No. 13203, § 2, 9-27-10)
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Sec. 40-242. - Plan established; purpose; name; operative date.
A Plan is established and placed under the exclusive administration and management of a board of
trustees for the purpose of providing retirement benefits pursuant to the provisions of this Code and for
payment of the reasonable expenses of the Plan. This Plan shall be known as the "City of Miami General
Employees' and Sanitation Employees' Retirement Trust."
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-243. - Board of trustees.
(a) Composition and selection.
(1) The sole and exclusive administration of and responsibility for the proper and effective operation
of this Plan is vested in a nine member board of trustees.
(2) The board of trustees shall be selected as follows:
a. One trustee shall be selected by the city manager, which trustee shall not be the mayor, a city
commissioner, the city manager, the city finance director, or an assistant finance director.
b. Two trustees shall be selected by the general employees and their names submitted to the
city clerk. The trustee may be a present or retired member of the bargaining unit
represented by the General Employees' Union and shall be selected and serve according to
the constitution and bylaws of the General Employees' Union.
c. Two trustees shall be selected by the sanitation employees and their names submitted to the
city clerk. The trustees shall be present members of the bargaining unit represented by
Sanitation Employees' Union and shall be selected and serve according to the constitution
and bylaws of the Sanitation Employees' Union.
d. The remaining four trustees shall be selected by the city commission and may not be
employees of the city. Two of the trustees shall be selected from a list of six persons
submitted by the General Employees' Union according to its constitution and bylaws and the
other two trustees shall be selected from a list of six persons submitted by the Sanitation
Employees' Union according to its constitution and bylaws. The city commission may, at the
request of the General Employees' Union or the Sanitation Employees' Union, accept a list
consisting of one name for each position to be filled. The lists submitted to the city
commission shall not contain duplications. If a duplication occurs, the city commission shall
return both lists for resubmission.
e. The trustees appointed by the city shall have, at the minimum, the following qualifications:
1. Be presently employed or self-employed on a full-time basis, or be retired from such;
2. Have resided in Miami (or its immediate environs) for the past five years;
3. Be able to attend board meetings if scheduled well enough in advance and agree to
resign from the board if meeting attendance is less than 75 percent in a one-year period;
however, the provisions of this subsection shall not apply to those individuals who are
members of city boards and who are (1) reservists in the United States Armed Forces or
members of the Florida National Guard, and have been ordered to active military duty
for national, state, or homeland defense and due to such duty cannot attend board
meetings, or (2) employees of agencies whose services are considered essential for
national, state, or homeland defense and due to such services cannot attend board
meetings.
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4. Have been involved in, within the last five years, and be knowledgeable about employee
pension or similar fringe benefits;
5. Have knowledge of, be familiar with, and have had exposure to labor/management
relations;
6. Have knowledge of and be familiar with business principles;
7. Have not been, within the past five years, a public employee union representative, nor a
representative of management for the city;
8. Not be actively involved in nor aspire to be actively involved in city, county, or state
politics.
(b) Term of office.
(1) The term of office for each trustee shall be two years.
(2) There shall be no limit to the number of terms a trustee may serve.
(3) A trustee shall take an oath of office administered by the city clerk within ten days after selection.
(4) A trustee shall serve until a successor trustee is appointed and administered the oath of office.
(c) Fiduciary responsibility. The board of trustees shall be deemed the named fiduciary of the Plan and
shall discharge its responsibilities solely in the interest of the members and beneficiaries of the Plan
for the exclusive purpose of providing benefits to the members and their beneficiaries and to defray
the reasonable expenses of the Plan. The trustees shall exercise those fiduciary responsibilities with
the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person
acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a
similar character and with similar aims.
(d) Compensation. Trustees who are employees of the city shall be granted leave with full pay and
benefits while functioning as a trustee during their normal working hours. Service on the board shall
not be considered as "time worked" for the purposes of overtime liability under the Fair Labor
Standards Act. This shall include attendance at board meetings, workshops, board approved
educational conferences and board approved travel. Employee trustees shall not otherwise be paid
for their services as trustees. The nonemployee trustees shall be compensated at any given time in
the same manner as are members of the city's civil service board.
(e) Meetings; voting; quorum; officers.
(1) The board shall meet at least once every two months following appropriate public notice and
shall meet and conduct the business of the Plan in accordance with Chapter 286, Florida Statutes.
(2) Each trustee shall be entitled to one vote. Five concurring votes shall be necessary for a decision
by the board. Five trustees shall constitute a quorum for the purpose of meeting and transacting
business. A lesser number of trustees may be appointed as a committee to perform tasks on
behalf of the board. All committee meetings shall be subject to the notice and meeting
requirements of Chapter 286, Florida Statutes.
(3) The board shall elect, every two years, a trustee as chairperson and a trustee as vice chairperson
of the board.
(f) Vacancies; removal.
(1) If a vacancy occurs due to resignation, death, or removal, the vacancy shall be filled for the
unexpired term of the departing trustee in accordance with the provisions of this section for
selection of the trustee who has vacated the office.
(2)
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The board may remove a trustee prior to completion of his or her designated term of office for
proper cause only, which cause shall be stated in writing. No trustee shall be removed pursuant
to this section except upon proper notice and hearing. The board shall prescribe uniform rules
for the conduct of such hearings. Proper cause shall mean a trustee's failure to satisfactorily
discharge his or her fiduciary responsibility, including, but not limited to, failure to attend 75
percent of the meetings of the board in a one-year period. For the purposes of removal only, six
concurring votes shall be necessary.
(Ord. No. 12111, § 1, 9-25-01; Ord, No. 12201, § 1, 3-14-02)
Sec. 40-244. - Administration of the Plan; liability; misconduct of a co -trustee.
(a) Administrative duties of the board.
(1) To maintain such records as are necessary for calculating and distributing Plan benefits;
(2) To maintain such records as are necessary for financial accounting and reporting of Plan funds;
(3) To maintain such records as are necessary for actuarial evaluation of the Plan, including
investigations into the mortality, service and compensation experience of its members and
beneficiaries;
(4) To compile such other administrative or investment information as is necessary for the
management of the Plan;
(5) To process, certify and respond to all correspondence, bills and statements received by the Plan,
as well as all applications submitted to the board for Plan benefits;
(6) To establish and maintain communication with city departments, and other agencies of
government as is necessary for the management of the Plan, including preparing, filing and
distributing such reports and information as are required by law to be prepared, filed or
distributed on behalf of the Plan;
(7) To determine all questions relating to, and process all applications for eligibility, participation and
benefits;
(8) To distribute at regular intervals a comprehensive summary Plan description and periodic
reports to employees, not less than biennially, regarding the financial and actuarial status of the
Plan;
(9) To retain and compensate such professional and technical expertise as is necessary to fulfill its
fiduciary responsibilities;
(10) To make recommendations regarding changes in the provisions of the Plan;
(11) To assure the prompt deposit of all member contributions, city contributions, and investment
earnings;
(12) To establish a uniform set of rules and regulations for the management of the trust;
(13) To take such other action as the trustees shall deem, in their sole and exclusive discretion, as
being necessary for the efficient management of the Plan.
(b) Pension administrator.
(1) The board shall employ a pension administrator to assist the board in the performance of its
administrative duties. The pension administrator, subject to the approval of the board, may
employ such staff as is necessary for the proper administration of the Plan.
(2) The pension administrator selected by the board shall have, at the minimum, the following
qualifications:
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a. Accounting or pension administration background;
b. Managerial experience, including hiring, directing and motivating a small staff;
c. Sufficient knowledge or experience to supervise data processing operations;
d. Experience with filing government forms (including federal and state compliance
requirements) and have the initiative to inquire and successfully obtain resource data when
specific information is not readily available;
e. Be capable of using benefit formulas to calculate and pay benefits;
f. Be capable of prudent financial management and obeying guidelines established by the
board;
g. Be capable of developing cash flow projection;
h. Be capable of preparing financial reports reflecting the activity of the trust and financial
trends;
i. Be capable of maintaining an investment schedule;
j. Be capable of maintaining minutes of the meetings of the board;
k. Be capable of preparing correspondence, issuing forms, receiving and processing benefit
claims, and expressing ideas in writing;
I. Be able to insist upon, and actively pursue delivery of, all reports and other documents
required for the efficient operation of the Plan;
m. Effective oral communication skills;
n. A good employment attendance record;
o. Be efficient, practical and committed to responsible and effective operation of the Plan, its
finances and expenses;
p. Be able to remain neutral on decisions to be made by the board and serve all board
members in an impartial and arm's length fashion, giving due recognition to the ultimate
fiduciary obligation to participants and beneficiaries of the Plan.
(3) The board shall have a continuing duty to observe and evaluate the performance of the pension
administrator. The board shall, in selecting a pension administrator, exercise all judgment and
care under the circumstances then prevailing which persons of prudence, discretion, and
intelligence, exercise in the management of their own affairs.
(4) The pension administrator shall have a written contract of employment with the board, which
shall include any tenure rights which the board, in its discretion, may grant.
(5) The pension administrator shall not be an employee of the city.
(6) The pension administrator shall be a fiduciary of the Plan.
(c) Annual report to the city commission. The board shall submit the following information annually to the
city commission not later than July 1st of each year:
(1) A report showing the fiscal transactions of the Plan for the year ending on the preceding
September 30th, as well as the amount of accumulated cash, securities and other property of the
Plan
(2) The current actuarial valuation of the assets and liabilities of the Plan.
(d) Actuarial valuation; actuarial standards.
(1)
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At least once in each three-year period, the board shall cause an actuarial investigation to be
made into the mortality, service and compensation experience of the members of the Plan.
Taking into account the result of such investigation, the board shall adopt for the Plan, such
mortality, service and other tables as are necessary and proper. On the basis of these tables, an
annual actuarial valuation of the assets and liabilities of the Plan shall be made.
(2) Actuarial assumptions based on the three-year experience analysis may be modified by the
board at such times as it deems appropriate. No change in actuarial assumptions shall be made
by the board without 60 days' prior notice to the city of the first meeting at which any change or
proposal or recommendation related to such change is made. After the initial meeting where
such changes or proposals are considered, the city shall be given reasonable notice of any
subsequent meeting on the same or related proposal.
(3) The actuarial value of the assets of the Plan shall be the five-year moving market value average.
Each year, starting with the market value as of October 1, 2007, the expected return will be
determined based on the beginning of year market value and the actual contribution and benefit
payments at the assumed interest assumption. One -fifth of the difference between the expected
market value return and the actual market value return is included in the actuarial asset value at
the valuation date. Four -fifths of the difference between the expected market value return and
the actual market value return is deferred in even increments of 20 percent per year to each of
the next four years as future adjustments to the actuarial asset value. The preliminary actuarial
asset value will be the sum of the actuarial asset value as of the previous valuation date plus the
actual contributions and benefits payments in the year ending on the current valuation date plus
the expected return on market value return plus one -fifth of the cumulative differences between
the expected and actual market value returns over the five years up to the valuation date. The
result cannot be greater than 120 percent of market value or less than 80 percent of market
value. The board may approve other methods of determining the actuarial value of the Plan
assets if such other methods are recommended by the actuary retained by the board and found
by the Florida Bureau of Local Retirement Systems, Division of Retirement, Department of
Administration, or its successor, to be in compliance with state law. Prior to the first meeting of
the board to consider any change in the method of determining the actuarial value of Plan assets,
the city shall be given timely written notice of the proposed change.
(e) Authority to hire consultants.
(1) The board shall have the authority to retain its own legal consultants, accountants, actuaries, and
other professional advisors to assist the board in the performance of its duties. The board may
act without independent investigation upon the professional advise of the advisors so retained.
(2) The board shall retain a physician to assist it in the performance of its administrative duties with
regard to the consideration of medical questions arising under the Plan. The physician shall
conduct any required medical examinations or refer the examinee to a specialist or specialists.
(f) Defense of actions; trustee liability.
(1) The board is authorized to prosecute or defend actions, claims or proceedings of any nature or
kind for the protection of the fund assets or for the protection of the board in the performance
of its duties.
(2) Neither the board nor any of its individual members shall have any personal liability for any
action taken in good faith. The trustees individually and the board as a whole shall be entitled to
the protections contained in § 768.28, Florida Statutes. The trustees shall also be authorized to
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purchase from the assets of the fund, errors and omission insurance to protect the trustees and
staff in the performance of their duties. Such insurance shall not provide an individual with
protection against a fiduciary's fraud, intentional misrepresentation, willful misconduct or gross
negligence.
(g) Public records; board documents; written communications to and from city; commission agenda.
(1) The board shall keep a record of all of its proceedings which shall be maintained and open to
public inspection in accordance with Chapters 119 and 286, Florida Statutes. Such records shall
reflect a complete and comprehensive account of the discussions and actions taken by the board.
(2) The board and the city manager shall each provide the other with copies of all documents
relating to the Plan contemporaneously upon the making or receipt of such documents. All
written communications relating to the Plan from the board to the city shall be made directly to
the city manager. All written communications to the board from the city shall be made directly to
the board, with copies to the pension.
(3) The board shall establish uniform procedures for maintaining confidentiality of medical
information as required by state and federal law.
(4) When consideration by the city commission is required for Plan business, such business shall be
placed on the agenda of the commission and heard at the next scheduled meeting, consistent
with the agenda rules of the commission,
(h) Rules and regulations. The board may, from time to time, establish rules and regulations which it
deems necessary for the efficient administration and management of the Plan. No administrative rule
may conflict with the provisions of the City Charter or Code, state or federal law. No administrative
rule of the fund may conflict with the provisions of any collective bargaining agreements affecting
members of the Plan.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 13090, § 1, 9-24-09)
Sec. 40-245. - Asset management and investments.
(a) Nature of trust. The Plan is an irrevocable trust fund into which is deposited all of the assets of the
Plan of every kind and description. The Plan is a defined benefit retirement fund. Members have an
ownership right in benefits accrued as provided for in this Plan. No member has an ownership right in
the assets of the Plan.
(b) Custody; records. The custody and supervision of the fund shall be vested in the board. All assets of
the Plan may be pooled, provided that accurate records are maintained at all times reflecting the
financial composition of the fund, including accurate accounts regarding the following:
(1) Current amounts of accumulated contributions of members, both on an individual and aggregate
basis;
(2) Receipts and disbursements;
(3) Benefits payments;
(4) All contributions from the city;
(5) All interest, dividends, gains and losses from investment;
(6) Such other entries as may be required for a clear, complete financial report of the status of the
fund.
(c) Investment policy. The board shall maintain a written investment policy, with the advice and counsel of
f
such advisors as the board deems necessary, and said investment policy shall set forth the types of
securities and other types of investments into which shall be placed the assets of the fund. The policy
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shall further set forth appropriate limitations on those investments, including, but not limited to,
anticipated rate of return, quality of investment, class of investment, acceptable risk and any other
factor as required by law.
(d) Permissible investments.
(1) Trust funds may be invested without limitation in the following asset classes:
a. Bonds, notes, mortgage -backed securities, or other obligations of the United States or those
guaranteed by the United States or any agency of the United States Government or
instrumentality of the United States Government or for which the credit of the United States
Government, government agency or instrumentality is pledged for the payment of the
principal and interest or dividends thereof.
b. Certificates of deposit of any bank incorporated under the laws of the State of Florida, or any
national bank organized under the laws of the United States, to do business and situated in
this state, to the extent that such savings accounts are fully insured with the federal
government or an agency thereof, and that the certificates of deposit are secured by the
Deposit of Securities of the United States Government.
c. Repurchase agreements with United States Treasury Securities, and agencies of the United
States Government as collateral, said collateral to be held by trustees.
(2) No more than seven percent of the fund at market value may be invested in any one entity of the
categories listed below:
a. Common stock, preferred stock and interest -bearing obligations of corporations having an
option to convert into common stock, domestic or foreign, when recognized on a major
United States stock exchange; provided that the aggregate investment of the fund in any one
issuing corporation shall not exceed three percent of the outstanding capital stock of that
corporation.
b. Notes secured by first mortgages on real property, insured or guaranteed by the Federal
Housing Administration or the Veteran's Administration.
c. Interest -bearing obligations with a fixed maturity of any corporation within the United States;
provided that such obligations are rated by at least two nationally recognized rating services
in any one of the four highest classifications approved by the comptroller of the currency for
the investment of funds of national banks, or if only one nationally recognized rating service
shall rate such obligations, such rating service must have rated such obligations in any one of
the three highest classifications mentioned in this section. Any security downgraded
subsequent to purchase which results in the security falling below the recommended
guidelines may be held at the investment manager's discretion.
d. Mortgages, excluding those backed by the United States Government or Government
agencies and instrumentalities, which are a commercial property secured by a first lien
mortgage note for up to, but not in excess of, 80 percent of the appraised value of the
property.
e. Common stock and preferred stock of foreign corporations; provided that the overall
investment under this paragraph shall not exceed fifteen percent of the market value of the
total trust fund.
(e) Limitations on investment.
(1) Trust funds may not specifically be invested in private placements or debt to equity exchanges.
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(2) Within the limitations in this section, the board shall have the authority to acquire every kind of
property and investment which persons of prudence, discretion and intelligence acquire for their
own accounts. The board may retain property properly acquired without limitation as to time and
without regard to its suitability for its original purchase.
(f) Money managers.
(1) The board of trustees shall retain one or more money managers for management of the assets
held by the Plan, and the board shall convey property of the trust to such managers for
investment and reinvestment in accordance with the provisions of this section.
(2) All money managers shall have a written contract with the board specifying the assets to be
invested; the asset classes appropriate for utilization; expected performance; standard of care
and resolution of disputes. All such contracts shall be governed in accordance with the laws of the
State of Florida and shall have venue for resolution of disputes in Miami -Dade County, Florida. In
the event that any money manager shall invest assets of the Plan in a prohibited category of
investment or shall otherwise breach the terms of the investment management agreement, if
such breach causes a loss to the trust, the contract shall require the money manager to make the
trust whole for any losses incurred. Each money manager shall be a fiduciary of the Plan.
(3) The board shall establish written guidelines and objectives against which the investment
performance of any money manager retained by the board shall be measured. If a money
manager fails to meet the guidelines and objectives, or fails to meet its contractual agreement
with the board, the money manager may be terminated by the board. The performance of the
investment portfolio for the Plan shall be not less than 90 percent of the median performance of
comparable portfolios as determined jointly by the board and the city manager. If performance
falls below that minimum standard, the money managers shall automatically be removed, unless,
based on extenuating circumstances, the board recommends continuation and such continuation
is approved by the city commission. The board retains the right, at all times, to terminate any
money manager agreement, with or without cause.
(4) In the conduct of their affairs, all money managers shall exercise the judgment and care under
the circumstances then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not in regard to speculation, but in regard to the
permanent disposition of their funds, considering the probable income, as well as the probable
safety of their capital. Money managers shall disburse cash or property from the fund to the
board upon written request. Such written request shall constitute a certification that the
distribution so requested is one that the board is authorized to direct and the money manager
should not be required to investigate the application of such money by the board or its designee.
No distribution under this section may cause any part of the fund to be used for, or diverted for, a
purpose other than providing benefits to members and beneficiaries of the Plan and defraying
the reasonable expenses of administering the Plan.
(5) The board shall have a continuing duty to observe and evaluate the performance of any money
manager or other investment advisor retained by the board. The board may, as part of its
continuing duty to evaluate the performance of its money managers, retain the services of a
performance monitor who shall be responsible for determining the appropriate performance
benchmarks and for advising the board of needed changes in its investment policy or asset
allocation. Any such advisor shall constitute a fiduciary of the Plan.
(g) Records to be maintained.
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(1) Any money manager or investment advisor who has custody or control of any trust property or
who is otherwise employed, directly or indirectly, in the management of Plan assets shall keep
accurate and detailed accounts of all such activities, which records shall be open to inspection
and audit at all reasonable times by the city, the retirement board, or their designees.
(2) The board shall keep accurate and detailed accounts of its assets and investments and all such
records shall be open for inspection and audit at all reasonable times by the city, or its designees.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 13154, § 1, 4-22-10)
Sec. 40-246. - Contributions.
(a) Member contributions.
(1) Effective October 1, 2010, regular contributions of each member of the Plan shall be made each
pay period at the rate of 13 percent of each member's earnable compensation. Effective the first
full pay period following October 1, 2012, regular contributions of each member of the Plan shall
be made each pay period at the rate of ten percent of each member's earnable compensation.
(2) The city shall pick up, rather than deduct, all regular contributions of members. The city shall
derive pickup amounts from the same source of funds which is used in compensating members
of the Plan and shall do so by reducing the earnable compensation of each member. All pick up
amounts shall be treated as employer contributions for the purposes of determining tax
treatment under the Internal Revenue Code of 1954, as amended.
(3) The board shall certify to the appropriate city authority or officer responsible for making up the
payroll for members of the Plan, the proper proportion of each member's earnable
compensation which shall be picked up each pay period as well as any additional amounts which
shall be deducted for any member. In determining the amount earnable by a member in each
pay period, the board may consider the rate of annual compensation payable to such member on
the first day of each period as continuing throughout such period, and the board may omit pickup
of amounts from earnable compensation for any period less than a full period. To facilitate
pickup of contributions, the required contributions may be modified by such an amount as shall
not exceed one -tenth of one percent of the annual earnable compensation which is the basis
upon which such pick up amount is to be made.
(4) The proper authority or officer responsible for making up the payroll for members of the Plan
shall certify to the board, on each payroll, the amounts to be deducted or picked up by the city
for each member. Such amounts shall be deducted or picked up by the city, and when deducted
or picked up, shall be paid to the Plan and credited to the active membership account for each
respective member.
(5) Regular contributions shall be made, notwithstanding the fact that the minimum compensation
provided for by Law for any member shall be reduced thereby. Every member shall be deemed to
consent and agree to the pick up of regular contributions provided for herein, and payment of
compensation less such contributions shall be a full and complete discharge of all claims and
demands whatsoever for service rendered during the period of employment covered by such
payment, except as to benefits otherwise provided by this division.
(b) City contributions. The city's annual fiscal contribution to the Plan shall provide for the following: (1)
noninvestment expenses of the Plan; (2) amortization of the unfunded liability of the Plan; and (3)
normal costs of the Plan.
(1)
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The city's contribution for noninvestment expenses of the Plan in any given fiscal year shall be
determined by the same process the city uses for that fiscal year in determining the budget of the
downtown development authority and the department of offstreet parking.
(2) The city's contribution for the unfunded liability of the Plan shall be made in accordance with the
final judgment, as amended, in the matter of Gates v. City of Miami, Case No. 77-9491, in the
circuit court for the eleventh judicial circuit in and for Miami -Dade County, Florida, and in
accordance with the following additional provisions:
a. As of October 1, 2011, the unfunded actuarial accrued liability shall be amortized as a level
percentage of the projected payroll of active plan members. The unfunded actuarial accrued
liability as of October 1, 2011 shall be amortized by adding five years to the remaining years
of each unfunded actuarial accrued liability base. As of October 1, 2011, benefit
improvements for actives shall be amortized over 20 years. Benefit improvements for
retirees shall be amortized over 15 years. Actuarial gains and losses shall be amortized over
20 years. Changes in actuarial assumptions and methods shall be amortized over 20 years.
b. To the extent the actuarial liability plus normal cost is less than the actuarial asset value, all
prior amortization bases are considered fully funded.
(3) The actuarial method for evaluating assets shall be changed to a moving market value average
over five years beginning September 30, 2008. As of October 1, 2008, one-year moving average
shall be used; as of October 1, 2009, a two-year moving average shall be used; as of October 1,
2010, a three-year moving average shall be used, as of October 1, 2011, a four-year moving
average shall be used, and thereafter, a five-year moving average shall be used. Each year,
starting with the market value as of October 1, 2007, the expected return will be determined
based on the beginning of year market value and actual contributions and benefit payments at
the assumed interest assumption. One -fifth of the difference between the expected market value
return and the actual market value return is included in the actuarial asset value at the valuation
date. Four -fifths of the difference between the expected market value return and the actual
market value return is deferred in even increments of 20 percent per year to each of the next
four years as future adjustments to the actuarial asset value. The preliminary actuarial asset
value will be the sum of the actuarial asset value as of the previous valuation date plus the actual
contributions and benefit payments in the year ending on the current valuation date plus the
expected return on market value return plus one -fifth of the cumulative differences between the
expected and actual market value returns over the five years up to the valuation date. The result
cannot be greater than 120 percent of market value or less than 80 percent of market value.
(4) The individual entry age normal cost method will be applied for costs as of October 1, 2008, and
each October 1st thereafter, based on demographic and asset data as of the previous October
1st adjusted for interest from that date to reflect payment timing. The annual normal cost will be
determined on the individual entry age normal method. If the actuarial asset value exceeds the
individual entry age accrued liability, such excess shall be held as a reserve to offset any future
unfunded actuarial accrued liability. Under no circumstances will the total cost be determined to
be less than zero.
The calculation for normal costs shall be performed separately by actuaries for the city and for
the Plan in accordance with the provisions of the foregoing paragraph. The actuary for the Plan
shall use the actuarial assumptions adopted by the board. The actuary for the city may use any
actuarial assumptions deemed appropriate by that actuary. If the actuary for the Plan and the
actuary for the city agree on the normal costs contribution to be made by the city, that amount
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shall be contributed by the city. If the two actuaries cannot agree on the normal costs
contribution, they shall promptly select an independent third actuary. If they are unable to agree
on a third actuary, one shall be selected by the American Academy of Actuaries or Conference of
Consulting Actuaries. The third actuary shall, as soon as practicable, submit to the board and the
commission a funding recommendation utilizing standard acceptable funding techniques and
assumptions. Thereafter, the commission shall fund the amount recommended by either the
actuary for the Plan or for the city, whichever recommendation is closer to the recommendation
of the third actuary.
(5) On or before May 15 of each year, the board shall certify to the city manager:
a. The amount of appropriation necessary to pay the normal costs and unfunded liability
contributions to the Plan for the next fiscal year, including the amount of any benefits
payable on account of any predecessor pension or retirement fund; and
b. The amount of appropriation required to pay the noninvestment expenses of the Plan for the
next fiscal year.
(6) On or before May 15 of each year, the director of finance shall certify to the appropriate fiscal
officer of the Miami -Dade County Government, the amount payable by such metropolitan
government under the provisions of Act 59-203 of the General Laws of Florida. Such amount shall
consist of that proportion of the appropriation certified by the board pursuant to paragraph (4) of
this subsection as the total earnable compensation of members who are employees of such
metropolitan government bears to the total earnable compensation of all members. Upon receipt
of such amount from the Miami -Dade County Government, the, director of finance shall cause the
amount received, less that proportion included for noninvestment expenses, to be paid into the
benefit account, and such amount shall be included in the total appropriation payable by the city
to the Plan as required by this section.
(7) All contributions made by the city to the Plan for any given fiscal year shall be made quarterly, in
equal payments, on the first day of each quarter during the fiscal year in question. If the amount
of the city's contribution for normal costs has not been determined by the initial payment date in
any given fiscal year, the city shall make quarterly payments based upon the greater of (a) the
prior year's contribution to normal costs, or (b) the amount calculated pursuant to the final
judgment in Gates v. City of Miami, as amended.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 13090, § 2, 9-24-09; Ord. No. 13101, § 1, 9-29-09; Ord. No. 13203, §
2, 9-27-10; Ord. No. 13343, § 1, 9-27-12)
Sec. 40-247. - Accounts.
(a) Generally. There shall be two accounts within the Plan; the membership account and the benefits
account. Each account shall be operated in accordance with the provisions of this section.
(b) Membership account.
(1) The membership account shall consist of the accumulated contributions of the members of the
Plan and the accumulated contributions of each member absent from service. The membership
account shall also include regular interest paid on member contributions in accordance with the
provisions of this section.
(2) All withdrawals of accumulated contributions, whether made at the request of a member or paid
to a legal representative or designated beneficiary of a deceased member, shall be charged to
the membership account.
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(3) Upon the retirement of a member, or upon a member's election of a vested right to retirement,
an amount equal to the member's accumulated contributions shall be transferred from the
membership account to the benefit account.
(c) Benefit account.
(1) The benefit account shall consist of all accumulated contributions transferred from the
membership account, all city contributions, all interest and dividends earned on fund assets, all
reserves for payment of Plan benefits and all other assets of the fund.
(2) On January 1 of each year, the board shall transfer from the benefit account to the membership
account, an amount sufficient to allow regular interest on the individual balances in the
membership account.
(3) All expenses of the Plan shall be chargeable to the benefit account. Such expenses shall include,
but are not limited to, payment of all retirement benefits to beneficiaries of the Miami City
General Employees' Retirement Plan, beneficiaries of the City of Miami General Employees' and
Sanitation Employees' Retirement Trust and retirement allowances to any other persons who
retired under the provisions of any predecessor pension or retirement fund.
(d) The board, by uniform rule, may adopt alternate bookkeeping methodology for the maintenance of
accounts.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-248. - Physical examination; effect of pre -employment conditions.
(a) All employees, as a condition of entry into the Plan, shall agree to submit to a uniform medical
examination, as may be required by the board, for the purpose of determining the existence of pre-
existing medical conditions. In lieu of a board physical, an employee consents to the board's access
for the purposes of this section to any physical performed by the city. No persons shall be denied
entry into the Plan on the basis of any pre-existing medical condition.
(b) In the event that the physical examination described in this section shall determine the presence of a
pre-existing medical condition, said condition shall be reported to the employee and recorded in the
records of the board. Each employee shall acknowledge the receipt of the medical report and execute
a form, as prescribed by the board, indicating knowledge of the pre-existing condition and an
agreement that said condition cannot form the basis of a service -incurred disability retirement unless
it can be shown that the member would have been entitled to a service -incurred disability retirement
allowance on the basis of aggravation of the pre-existing condition.
(c) In the event that a member believes the medical report is in error, the member may request a review
by the administrator within 30 days of receipt of notice of the physical examination results. If the
administrator's review does not satisfactorily resolve the question of the pre-existing condition, the
member may request a hearing before the board. Failure to request such a review will not preclude a
later challenge on this issue. The board shall prescribe uniform rules for the conduct of such hearings.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-249. - Membership; members absent from service.
(a) The membership of the Plan shall include all employees as defined in this Plan, except police officers
and firefighters. Membership shall also include an employee who has been absent from service for
less than three years in a period of five consecutive years after last becoming a member and who has
not withdrawn his or her accumulated contributions. The active membership of this Plan shall not
include any member absent from service.
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(b) Participation in the Plan is a mandatory condition for all employees except for those employees who
are precluded from participation in the Plan pursuant to section 40-351. Acceptance of employment
shall constitute authorization for the city to pick up contributions from the compensation of the
employee.
(c) Membership in the Plan shall end under the following conditions:
(1) Absence from service due to resignation, termination, budgetary reduction or layoff for more
than three years in any period of five consecutive years after last becoming a member;
(2) Becoming a member of any other city sponsored Plan;
(3) End of appointment;
(4) Expiration of office;
(5) Death.
When membership ends, all creditable service previously earned becomes void. If the member again
becomes an employee of the city, the employee shall enter the Plan as a new member with no credit for
previous service, unless time is repurchased as provided in the Plan. Upon becoming a retiree, a member
shall be entitled to those rights earned as of the date of retirement or such benefits as are specifically
made applicable to retirees.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 13112, 10-22-09)
Sec. 40-250. - Reserved.
Editor's note— Ord. No. 13112, adopted Oct. 22, 2009, repealed § 40-250 which pertained to right of
certain persons to reject membership and derived from Ord. No. 12111, § 1, adopted Sept. 25, 2001.
Sec. 40-251. - Transfer of city employees to Plan.
(a) In the event that a firefighter or police officer of the city who is a member of the City of Miami
Firefighters' and Police Officers' Retirement Trust ("retirement system'") is reclassified to a position
other than those positions that are ineligible to participate in the Plan pursuant to section 40-351
other than firefighter, police officer, the employee shall be automatically transferred to membership
in this Plan. Creditable service earned as a member of the retirement system shall be deemed
creditable service in this Plan.
(b) Outstanding loan balance. Any member of the public trust fund who has an outstanding loan against
his or her public trust fund account balance and who elects to transfer to the Plan must repay said
loan in full prior to transfer to the Plan.
(c) Commencing on the effective date of transfer to the Plan, a member who has transferred from the
retirement system or public trust fund as defined in section 40-250 shall make regular contributions
at the rate required by the Plan. Accumulated contributions credited in the retirement system or
public trust fund as defined in section 40-250 to the account of such member shall be transferred to
the membership account of the Plan and credited to the member thereunder. There shall be
transferred:
The employee/employer contribution account balance held in a public trust fund on behalf of any
section 40-250 defined employee who transfers membership to the Plan.
(d) If any member of the Plan has transferred from the retirement system or a section 40-250 public
trust fund and his or her contributions pursuant to membership in the retirement system or public
trust fund cause accumulated contributions at the member's normal retirement age to exceed the
amount such accumulated contributions would have been had the member been a member of the
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Plan during his or her entire period of service with the city, such member shall be entitled to the
return of the excess contributions upon retirement or shall have his or her retirement allowance
increased by the actuarial equivalent of the amount by which his or her contributions exceed the full
amount which would have been the member's accumulated contributions had he or she been a
member of the Plan during his or her entire period of service with the city.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 13112, 10-22-09)
Sec. 40-252. - Creditable service.
(a) Creditable service shall consist of all time spent in service since last becoming a member, plus any
other time for which creditable service is received pursuant to the provisions of this division.
(b) The board shall determine by administrative rule the amount of service in any year which is
equivalent to a year of membership service. The board may not grant more than one year of
membership service for all service in any calendar year.
(c) The board may adopt rules and regulations to verify membership credit claimed by any member.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-253. - Dismissal for willful misconduct.
(a) Upon a member's dismissal from employment for willful misconduct associated with the duties or
responsibilities of his or her employment or office with the city, the following shall apply:
(1) All ownership rights, title, and property interest in such member's accumulated contributions
shall immediately vest in the member; and
(2) The dismissed member shall no longer be entitled to receive any benefit whatsoever under the
Plan.
The term "willful misconduct" as used in this section shall mean the commission of any act which
would constitute a forfeitable offense under Section 112.3173, Florida Statutes.
(b) Should dismissal of an employee for willful misconduct city as defined in this section be reversed by
the city manager or by a court of final jurisdiction, the former employee, if he or she again becomes a
member, may elect to reconvey all ownership rights, titles and interest in his or her accumulated
contributions to the Plan and may elect to payback for time during which the member was dismissed.
Payments made to the Plan pursuant to this paragraph shall be made in such manner as the board
shall, by rule, prescribe.
(c) The board shall, by administrative rule, adopt a due process procedure to implement this section.
(Ord. No. 12111, § 1, 9-25-01)
Sec, 40-254. - Paybacks for membership credit.
Members shall have the right to receive membership credit in the Plan in accordance with the
provisions of this section. Each payback provided for in this section shall be independent of any other
payback and may, where appropriate, result in cumulative credits. If a member revokes the payback
election, is terminated, resigns or is otherwise separated from the city before the payback is completed,
the member shall only receive that portion of credited service purchased as of the date of separation.
(1) Restoration of prior service credit for reemployed members.
a. Reemployed former member may restore previous membership service by repaying the
accumulated contributions withdrawn together with a uniform rate of interest as determined
by the board. This benefit is only available to persons who separated from prior employment
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with the city other than by involuntary dismissal,
b. The board shall, by uniform rule, promulgate an election form to be filled out by employees
wishing to exercise this option. The election form shall specify the form of repayment. All
repayments must be completed within five years of the completion of the election form.
c. To receive full credit for the membership service permitted under this section, the member
must have completed the repayment of all contributions and interest.
d. If the member is separated for more than three years the member shall be eligible to
combine prior and new service for the purpose of Rule of Seventy (70) retirement, but prior
service shall be paid at the benefit rate in effect at the time of the first separation. If the
member is separated less than three years, all service will be combined for benefit
calculation purposes. The member shall again be an active member of the Plan on the date
employment recommences and the member shall make regular contributions to the Plan at
the rate prescribed by ordinance.
e. All rights under this section must be exercised in accordance with uniform rules adopted by
the board.
(2) Credit for continuous service as a nonmember.
a. Any person who is now a member of the Plan who had prior service with the city as a
probationary, full-time temporary, or permanent employee, classified or unclassified, but
who at the time of that service was not a member of the Plan, may purchase up to four years
of that prior nonmembership service. Contributions will be based on the member's current
rate of earnable compensation and the current contribution rate. Interest shall be charged at
a uniform rate as determined by the board.
b. The board shall promulgate a uniform policy for the election and purchase of this benefit. All
purchases of credit under this section must be completed within five years of the date of
election.
c. In the event that a member becomes disabled in the line of duty, contributions paid under
this section shall be refunded with regular interest, at a uniform rate as determined by the
board. Benefits purchased under this section may not be used for calculating the minimum
service necessary to receive an ordinary disability retirement.
(3) Credit for military service.
a. Any member of the Plan whose service with the city is interrupted by military service shall
have all pension rights accorded veterans as provided by state or federal law.
b. Any member who has served active military duty, but whose service is not interrupted by that
military duty, may purchase up to a maximum of four years for the time spent in military
service under the conditions set forth in this section.
c. To be eligible for the four-year service credit set forth in subsection b., the member must:
1. Have engaged in wartime service as declared by state or federal statute or executive
order of the President;
2. Military service under honorable conditions;
3. Be vested in this Plan;
4. Complete the election form promulgated by the board within the time limits set forth by
the board within the time limits set forth by uniform rule of the board;
5.
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Make a contribution to the Plan equal to the member's rate of earnable compensation at
the date membership service first commenced and that the contribution rate then in
effect, together with four percent interest, be compounded annually.
All such payments must be completed within five years of election to participate in the benefits of
this subsection.
d. If a member becomes disabled in the line of duty, the member shall have the option of
receiving a return of contributions and no military service credit or accepting a service
retirement and completing the purchase of the military service credits by the payment of the
remaining contributions.
e. If a member becomes disabled from causes other than service with the city, the member
shall have the option of receiving a return of contributions and no military service credit or
completing the purchase of the military service credits by payment of the remaining
contributions.
(4) Credit for maternity/medical leave.
a. No member who takes an unpaid leave of absence for maternity or medical purposes under
the Family Medical Leave Act (FMLA), shall suffer a break in membership. All unpaid leaves of
absence taken pursuant to FMLA shall be treated as continuous service, regardless of any
other limitation on service within this Plan.
b. A member who takes an unpaid leave of absence for maternity or medical leave may
purchase membership credit not to exceed 180 days. If the member requests light duty
employment from the city but is denied such employment, the amount of membership credit
which may be purchased shall increase to 240 days.
c. Election to buyback for membership credit under this subsection shall be available for 30
days after notification to the member by the board that such buyback is available. The board
shall, by uniform rule, establish procedures for notification of members.
d. Contributions for this benefit shall be made in accordance with uniform rules established by
the board, but payback of all contributions must be completed within one year. Interest shall
be charged at a uniform rate as determined by the board. Contributions shall be at the
member's current rate of compensation and the current rate of contribution. If a member
fails to meet the qualifications of this subsection, all contributions shall be returned and the
member waives the right to membership credit for this period.
(5) Restoration of service credit for prior continuous service. Any member with prior service with the city
whose membership in the Plan was delayed due to administrative error, either by the board or
the member which resulted in a delay in the commencement of membership shall purchase said
prior continuous service, without limitation. Contributions shall be based on the rate of
compensation and at the contribution rate in effect on the date of the error. No interest shall be
charged if the error was caused by the city or the board. If the error is caused by the member, a
uniform rate of interest shall be charged, as determined by the board. The payback shall be made
in accordance with uniform rules established by the board and payment must be completed
within five years. In the event of a service -connected disability, prior to the completion of the
buyback, the member shall be offered the opportunity of receiving either a return of
contributions paid or the opportunity to complete the buyback through the payment of the
additional contributions. In the event of a refund, contributions shall be refunded without
interest. In the case of a nonservice-connected disability prior to the completion of the buyback,
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the member shall be offered the opportunity of receiving either a return of the contributions paid
or the opportunity to complete the payback through the payment of the additional contributions
or reduction of the disability benefit until the contributions are fully paid. In the case of a return
of accumulated contributions, said contributions shall be returned with interest, at a uniform rate
as determined by the board.
(6) Purchase of additional service upon retirement. A member in service who has continuous service
may, at time of retirement, purchase up to a maximum of three whole creditable years of service
based upon the present value as determined by the actuary for the Plan. The purchase of the
service years will be made by utilizing the employee's available leave balance at time of
retirement reduced by any required federal withholding taxes. If the amount of the leave balance
is insufficient to pay the full cost of the three years, the member may make a lump sum purchase
in cash for the difference. The purchase of these years of creditable service shall be based upon
the average final compensation of the member as defined in section 40-241. The hourly rate
applicable to the calculation of the leave balances shall be as specified under the labor
agreement applicable to the employee or, in the case of exempt employees, the appropriate
administrative policy of the city.
(7) Re-employment after an early retirement window. Should any member be reemployed after leaving
on an early retirement window, no enhancement shall apply to benefits earned during the period
of re-employment. All service retirement benefits earned during the period of re-employment
shall not apply to prior service and shall only apply prospectively.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 13154, § 1, 4-22-10)
Sec. 40-255. - Benefits.
(a) Service retirement.
(1) A member in service may elect to retire on a service retirement upon the attainment of
retirement eligibility as defined in this section. An election to retire shall be made upon a written
application, prescribed by the board. Benefits shall be effective on the date the application is
approved in accordance with the administrative rules adopted by the board.
(2) A member who retires or separates from employment with ten or more years of service or who
has attained eligibility for service retirement, before October 1, 2010 shall be considered eligible
for a service retirement upon attaining the earliest of the following:
a. The completion of ten years of credited service and the attainment of age 55; or
b. Rule of 70 retirement. The completion of a combination of years of creditable service plus
attained age equaling 70 points. To be eligible for this benefit, the member must have
completed not less than ten years of creditable service.
c. Effective September 1, 2010, and for a period of 30 days thereafter, an early retirement
program shall be implemented in accordance with this section. Any member with ten or
more years of credited service whose age plus years of credited service equal 64 or more as
of September 30, 2010, is eligible to elect to retire and receive benefits under the service
retirement provisions of subsection (a). Any eligible member who retires under this early
retirement program must submit a request in writing, no later than September 29, 2010, and
retire and separate from City employment no later than September 30, 2010. Members who
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retire under this early retirement program may not participate in the Deferred Retirement
Option Plan (DROP) as provided in subsection (I). This section shall have no further
application or effect on and after October 1, 2010.
(3) The service retirement benefit for persons retiring after October 1, 1998, shall be equal to three
percent of the member's average final compensation multiplied by the number of years of
creditable service through September 30, 2010. Effective October 1, 2010, the service retirement
benefit for creditable service on and after that date shall be equal to: for the first 15 years of
creditable service, two and one-fourth percent of the member's average final compensation
multiplied by the number of years of creditable service; for creditable service in excess of 15
years but less than 20 years, two and one-half percent of the member's average final
compensation multiplied by the number of years of creditable service; and for creditable service
in excess of 20 years, two and three -fourths percent of the member's average final compensation
multiplied by the number of years of creditable service. The service retirement benefit shall be
based on a member's total creditable service and the benefit multiplier in effect at the time the
service is earned, multiplied by average final compensation in effect at the time of retirement or
separation from employment.
(4) A member, other than a member who is eligible for service retirement pursuant to subsection (2),
who retires on or after October 1, 2010 shall be considered eligible for a service retirement upon
attaining the earlier of the following:
a. Completion of ten years of creditable service and the attainment of age 60; or
b. Completion of thirty years of creditable service and the attainment of age 55.
c. Rule of 80 retirement. The completion of a combination of years of creditable service plus
attained age equaling 80 points. To be eligible for this benefit, the member must have
completed not Tess than 10 years of creditable service.
(5) Any member eligible for a service retirement may choose any of the optional allowances
provided in subsection (j).
(6) Notwithstanding any other provision of this Plan, any member who is employed and not
participating in the DROP on September 29, 2010.may elect to receive his/her accrued benefit as
of that date, in accordance with the provisions of the Plan in effect on that date. Such members
who elect to receive their accrued benefit as of September 30, 2010, at a date prior to the normal
retirement age provided in subsection (4), shall be eligible to receive that portion of their
retirement allowance based on creditable service on or after October 1, 2010, on the date and in
the manner provided by the provisions of the system in effect on the earlier of retirement or
separation from service.
(b) Early service retirement.
(1) Any member who has 20 or more years of creditable service may elect to retire on a retirement
allowance which shall be the actuarial equivalent of the service retirement allowance otherwise
available to the member upon the attainment of the date the member is eligible for service
retirement in accordance with subsections (a)(2) or (a)(4), as applicable at the date of early service
retirement. Such election shall be made upon a written application prescribed by the board.
Benefits shall be effective on the date the application is approved in accordance with the
administrative rules adopted by the board.
(2) A member eligible for early service retirement may choose any of the optional allowances
provided for in subsection (i) of this Plan.
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(3) A member who has elected to retire on an early service retirement shall not be eligible to
participate in DROP.
(c) Vested right to retirement.
(1) If a member who is not entitled to retire on either a service retirement or early service
retirement, ceases to be an employee for any reason other than death or willful misconduct prior
to October 1, 2010, the member may elect to continue as a member not in service and retire
upon the subsequent attainment of age 55, or if a member who is not entitled to retire on either
a service retirement or early service retirement, ceases to be an employee for any reason other
than death or willful misconduct on or after October 1, 2010, the member may elect to continue
as a member not in service and retire upon attainment of age 60; provided:
a. That at the time the member ceased to be an employee, the member had completed ten
years of creditable service; and
b. That the member had not withdrawn his or her accumulated contributions.
c. The retirement benefit shall be the same as a service retirement benefit.
(2) If a member who elects to become a member not in service subsequently elects to withdraw his
or her accumulated contributions, the member not in service shall be paid the amount of his or
her accumulated contributions at the time he or she ceased to be an employee, plus regular
interest.
(3) If a member not in service dies prior to retirement, his or her designated beneficiary shall be paid
the amount of his or her accumulated contributions at the time the member ceased to be an
employee, plus regular interest to the date of the member's death.
(4) If a member elects a vested right to retirement under any city retirement program and thereafter
again becomes an employee more than three years after separation, the member shall be
eligible, before October 1, 2010, to combine prior and new service for the purpose of Rule of
Seventy (70) retirement, but prior service shall be paid at the benefit rate in effect when vested
rights were elected. If the member is separated for less than three years, all service will be
combined for benefit calculation purposes. The member shall again be an active member of the
Plan on the date employment re -commences and the member shall make regular contributions
to the Plan at the rate prescribed by ordinance. Such member shall be entitled to accrue
retirement benefits as if the member were a new entrant upon the date of subsequent
employment, except as the right to combine service as set forth in this paragraph and, in
addition, shall be entitled to receive a retirement benefit for his or her prior employment as
provided in this paragraph A second period of vesting shall not be required and the member shall
be eligible for all rights available to vested employees. This provision shall also be applied to
reemployed retired members, who have been retired for more than three years.
(5) A member may choose any of the optional allowances provided for in subsection (j) of this Plan
at the time the vested retirement allowance commences.
(6) A member not in service shall not be eligible to participate in DROP.
(d) Ordinary disability retirement.
(1) Any vested member of the Plan who becomes permanently and totally incapacitated for further
performance of duty with the city from a cause other than the performance of duty shall be
eligible for an ordinary disability retirement.
(2)
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A member shall be deemed disabled for the purposes of this section if they are permanently and
totally unable to engage in any useful and efficient service within the city workforce due to a
physical or mental impairment.
(3) No member may receive an ordinary disability retirement on the basis of a pre-existing medical
condition, unless the disability would have occurred regardless of that pre-existing condition. The
board, as part of the disability review process, shall determine whether a vacant position exists
within the city's workforce, consistent with the member's training, skill and medical limitations. If
the member is capable of performing any such vacant position and the member refuses the
assignment, that refusal shall be grounds for denial of an ordinary disability retirement. Nothing
in this section shall require the city to create a job where none presently exists or to accept an
employee who lacks the training or skills necessary to perform any such vacant position.
(4) Benefits under this section shall commence on the date disability is determined to exist by the
board and shall continue for the life of the member. Benefits shall be paid monthly and the
member shall not be eligible for a return of accumulated contributions or for any survivorship or
other payment option provided under this Plan.
(5) The procedure for determining disability shall be as set forth in this Plan for the determination of
service -incurred disability.
(6) The board of trustees shall have the continuing right to require disabled members to submit to a
medical examination when the board has reason to believe that the disabled member is
committing a fraud on the fund.
(7) Benefits payable under this section shall be the greater of 90 percent of the product of the
benefit multiplier in effect at the time the service is earned multiplied by the number of years of
credited service; or 30 percent of the member's average final compensation.
(8) Upon finding that a member is no longer disabled as defined in this Plan, ordinary disability
benefits shall cease, and the member shall be eligible for a regular service retirement as if he had
retired on the date his disability retirement benefits commenced.
(9) A DROP member shall not be entitled to receive an ordinary disability retirement.
(e) Accidental disability retirement Job injury.
(1) A member shall be disabled under the terms of this section if the member has suffered an injury
or illness arising out of performance of service for the city and which renders the member
permanently and totally disabled for useful and efficient service with the city.
(2) A member shall be deemed permanently and totally disabled when he or she is totally unable to
engage in any useful and efficient service within the city due to a physical or mental impairment
which is the natural and proximate result of an accident, injury or illness which occurred while in
the actual performance of duty; provided, however, that said accident was without gross
negligence on the part of the member.
(3) A member shall be eligible for an accidental disability retirement from the date of entry into the
Plan. Application for disability retirement shall be made on a form prescribed by the board of
trustees. The member shall execute such medical releases as are necessary to permit the board
to review the medical records needed to determine the question of disability and to discuss said
records at a public meeting. Upon receipt of an application for a disability, the board shall refer
the application to its physician for review. The applicant for a disability shall be required to
submit to such medical examinations as the board appointed physician shall deem necessary.
The board appointed physician, and any referring specialists, shall report their findings to the
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board. The report shall include a determination, to the extent reasonably possible, of the origin of
the disability, whether the disability is permanent and whether the disability is total. In making
those determinations, the physician(s) shall be bound by the definition of disability set forth in
this Plan.
(4) Upon receipt of the report of the board's physician(s), the board of trustees shall schedule a
public hearing at which time the board shall review all medical reports, together with such
documentary evidence as the applicant may wish to submit. The board shall conduct a
preliminary determination as to whether the member is permanently and totally disabled based
upon the written documentation presented. If the board does not grant the application based on
the written documentation, it shall inform the applicant in writing of the reasons for the denial of
the application. The member may, within 30 days of receipt of the board's preliminary denial,
request a full evidentiary hearing before the board. Said hearing will be conducted consistent
with the principles of due process and the rules of evidence generally applicable to administrative
proceedings shall apply. The board shall have the power to issue subpoenas compelling the
attendance of witnesses. At said hearing, the applicant may present such oral and written
evidence as the applicant deems necessary to establish its burden of proof. The board may
appoint special counsel as an advocate to cross-examine witnesses and to offer argument in
opposition to the application. The attorney for the board shall not serve both as advocate and as
advisor to the board in the same proceeding. The applicant and the board shall have the right to
examine and cross-examine all witnesses. The decision of the board shall be based solely upon
the evidence presented and the law applicable to this Plan. Following the conclusion of the
hearing, the board shall render an opinion in writing setting forth the reasons for the grant or
denial of the benefit.
(5) The board may prescribe rules of procedure to implement the provisions of this Plan relating to
the conduct of disability hearings.
(6) No applicant for an accidental disability retirement may receive benefits under this section if the
accident, injury or illness is shown to have occurred due to the gross negligence on the part of
the member. The term "gross negligence" shall be defined as willful, wanton or malicious conduct
on the part of the member demonstrating a total disregard for human life, safety and property.
(7) Except for disabilities arising from the causes outlined in subsection (f), a member who is granted
accidental disability retirement shall receive a benefit equal to 662/3 percent of the member's
average final compensation or 662/3 of the member's compensation in the year immediately
preceding the member's disability, whichever is greater. The benefit shall be paid yearly, in
monthly installments, for life of the member. Members receiving a benefit under this section shall
not be eligible for a return of contribution nor for optional allowances provided in this Plan under
subsections (h) and (i).
(8) Upon the death of a member who has received an accidental disability the spouse of the
member who was designated by the member on the date of retirement as said member's spouse
shall receive payment of an amount equal to 40 percent of the member's monthly retirement
allowance during the lifetime of the spouse.
(9) The board of trustees shall have the continuing right to require disabled members to submit to a
medical examination when the board has reason to believe that the disabled member is no
longer entitled to receive benefits from the fund. If the examination reveals the member is no
longer entitled to receive disability benefits, the benefits shall cease and, if vested, the member
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will be eligible for a regular service retirement as if he had retired on the date his disability
retirement benefits commenced. The board has discretion to exercise this power as the
circumstances warrant.
(10) Any benefits received from this Plan shall be reduced by the amount of workers' compensation
indemnity benefits received by the member to the extent that the sum of the worker's
compensation benefits and the benefits received under this Plan exceeds the average monthly
compensation of the member at the time of disability. The board shall, by uniform rule, prescribe
a procedure for treatment of lump sum workers' compensation indemnity payments as if they
had been received on a monthly basis.
(f) Service -incurred disability retirement —Heart disease, hypertension, tuberculosis.
(1) Any member who becomes totally and permanently incapacitated for duty as a result of heart
disease, hypertension or tuberculosis, shall be presumed to have a service -incurred disability in
the line of duty, unless a physical examination upon entering the plan revealed that such
condition existed at that time or competent substantial evidence determines that the injury is not
the result of a workplace injury. Such person may be eligible for a service -incurred disability
provided that a physician retained by the board, after a medical examination of such member,
certifies that such member is totally incapacitated for duty. Such person shall receive benefits
equal to those paid for an ordinary disability, with a minimum benefit of 40 percent of average
final compensation. Upon the death of a member who has received a service -incurred disability
retirement no future pension benefits will be due to any beneficiary.
(2) A DROP participant shall not be entitled to receive a service incurred disability retirement.
(g) Ordinary death benefit; post -retirement death benefits.
(1) If a member in service who has completed three or more years of creditable service, whether or
not the member is eligible for normal or early retirement, dies from a nonduty related cause, a
lump sum benefit equal to 50 percent of the member's earnable compensation for the year
immediately preceding death shall be paid, together with the return of the member's.
accumulated contributions plus interest. If the member has completed less than three years of
credited service at the time of death, there shall be a return of contributions with interest only.
The benefit shall be paid to any person nominated in writing by the member. In the absence of a
written nomination, or if the person nominated is deceased or cannot otherwise be Located, the
member's estate shall be deemed the nominated beneficiary.
(2) A member in service on October 1, 2010 who is eligible for any form of early or normal
retirement under the terms of this Plan dies prior to retirement from a nonduty related cause,
the member shall be treated as if he or she had retired on the date preceding death. The
member's spouse shall have the option to receive:
a. Forty percent of the member's monthly retirement allowance which would have been
payable at normal retirement date, without actuarial reduction together with 50 percent of
the member's compensation in the year immediately preceding the member's death; and
b. In the event the monthly retirement allowance provided for in subsection a. is chosen, and
the member has served as city manager, assistant city manager, city clerk, assistant city clerk,
executive secretary of the civil service board, city physician, city attorney, assistant director of
the law department, or as director or assistant director of any department or office
established by the City Charter, or by ordinance established by the City Charter, for
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combined period of at least three years prior to May 23, 1985, an additional one percent of
the member's final average final compensation multiplied by the number of years of service
in that position, up to a maximum of ten years shall be paid to the surviving spouse.
c. A return of the member's accumulated contributions, with accumulated interest together
with 50 percent of the member's compensation in the year immediately preceding the
member's death. This benefit is payable on behalf of any member, whether or not there is a
surviving spouse. In the absence of a surviving spouse, the benefit will be paid to the person
designated in writing to the board by the member, or if no such designation exists or the
designated beneficiary has predeceased the member, then the benefit will be payable to the
member's estate; or, in the case of a surviving spouse.
(3) The payments under subsections a. and b. shall be paid yearly in monthly installments.
(4) If a retired member dies prior to receiving 12 monthly retirement payments and prior to the
effective date of any optional allowance permitted by this Plan, there shall be a benefit payable in
a lump sum equal to the unpaid difference of 12 monthly payments. This benefit may be paid to
any person nominated in writing by the member. In the absence of a nomination, or if the person
nominated has died or is otherwise unavailable, the member's estate shall be deemed the
nominated beneficiary.
(5) A member in service who is eligible for any form of early or normal retirement under the terms
of this Plan dies prior to retirement and on or after October 1, 2010 from a nonduty related
cause, the member shall be treated as if he or she had retired on the date preceding death. If
such member is married at the time of death and has not elected an optional allowance in
accordance with subsection (j), the member will be presumed to have elected Option 6c,
providing for payment of 40 percent of the member's monthly retirement allowance to the
member's spouse during the lifetime of such spouse.
(h) Service -incurred death benefit. If a member in service dies from a cause arising in the line of duty, other
than the gross negligence of the member, there shall be a service -incurred death benefit equal to
one-half of the member's average final compensation, which shall be paid yearly in monthly
installments, together with the member's accumulated contributions plus interest, which shall be
payable in a single sum. This benefit shall only be paid to the following persons in the order set forth
below:
(1) To the spouse of the member until the death of the spouse;
(2) If there is no spouse or if the spouse dies before the youngest child of the deceased member has
attained the age of 18, then to the children of the member under the age of 18 in equal shares.
As each child reaches the age of 18, the shares of the remaining children shall be adjusted
accordingly;
(3) If there are no spouse or children under the age of 18 years living at the time of the member's
death, then payment may be made to the dependent father or dependent mother for life. The
board shall determine, by uniform rule, proof necessary to establish dependency. If both the
dependent father and mother are living, the benefit shall be shared equally. Upon the death of
one, the living dependent parent shall receive the entire benefit. If there is no spouse, dependent
child or dependent parent living at t time of the member's death, the member's estate shall
receive an amount equal to 50 percent of the member's compensation for the year immediately
preceding the member's death, together with a return of accumulated contributions plus interest.
(i) Return of contributions.
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0)
(1) If a member ceases to be an employee, a member may demand a return of accumulated
contributions. Receipt of said contributions shall constitute a full discharge of all rights under the
Plan and any creditable service is waived.
(2) If a member has been granted a retirement benefit, the member shall not be eligible to receive
accumulated contributions unless provided for as an optional allowance under the terms of this
Plan or any other prior Plan of the city.
Normal form of benefit and optional allowances.
(1) Effective September 30, 2010, for members who retire on or after October 1, 2010, the normal
form of benefit shall be a life annuity. A member may receive payment of retirement benefits
under the Plan in accordance with the options set forth in this section, that are actuarially
equivalent to the normal form of benefit. The board, by rule, shall prescribe the method for
selecting payment options consistent with the provisions of this section.
(2) The options permitted under the plan are:
Option 2: Equal payment survivor annuity. A member may receive a reduced retirement allowance
throughout his or her life with an equal sum being paid to the member's designated beneficiary
at the death of the member. For members who retire before October 1, 2010 and choose this
option for a surviving spouse, the reduction shall be ten percent of the member's benefit; and if
any person other than a surviving spouse is chosen as the beneficiary, the reduction shall be
based on the actuarial equivalent of the normal form of benefit. For members who retire on or
after October 1, 2010, the reduction shall be based on the actuarially equivalent sum.
Option 3: One-half payment survivor option. A member may receive a reduced retirement
allowance payable for the life of the member with one-half of the member's benefit being paid to
a designated beneficiary at the death of the member. For members who retire before October 1,
2010 and choose this option for a surviving spouse, the reduction shall be two percent of the
member's benefit; and if any person other than a surviving spouse is chosen as the beneficiary,
the reduction shall be based on the actuarial equivalent of the normal form of benefit. For
members who retire on or after October 1, 2010, the reduction shall be based on the actuarially
equivalent sum.
Option 6a: A member may, in lieu of any other benefit from this Plan, receive a return of
contributions, excluding amounts picked up from the member's earnable compensation and
credited to the COLA fund between June 23, 1985 and September 30,1993. Under this option, the
member shall also receive a monthly service allowance equal to one-half of the amount to which
the member would have been entitled under this plan. This option has no survivorship benefit.
Option 6b: Life annuity. A member who retires on or before October 1, 2010 may receive the
normal monthly service retirement allowance plus an additional five percent payable for the life
of the member, with no survivorship benefit. The payment of this benefit shall be guaranteed for
at least one year.
Option 6c: Surviving spouse annuity. A member who retires before October 1, 2010 may receive an
unreduced retirement payment through the life of the member and upon the member's death
the surviving spouse shall receive forty percent of the member's retirement allowance payable
during the lifetime of the spouse. Such a member who desires to leave a greater survivorship
percentage to a surviving spouse may elect Options 2 or 3. A member who retires on or after
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October 1, 2010 may elect to receive an actuarially reduced retirement payment for the life of the
member and upon the member's death the surviving spouse shall receive forty percent of the
member's retirement allowance payable during the lifetime of the spouse.
(k) Change in beneficiary. Any member who elects a survivorship option for a spouse pursuant to
subsection (1), may designate a new spousal beneficiary in accordance with procedures established
by the board; provided, that an actuarial valuation will be made following such election, and the
benefit for the retiree will be recalculated so that it is the actuarial equivalent of the benefit payable to
the original spouse. It is intended that the Plan will pay only one survivor benefit for any member of
the Plan and will not incur an increase in benefit costs by reason of a change in designated
beneficiary.
(I) Deferred retirement option program. Effective upon ratification of the A.F.S.C.M.E., Local 1907, labor
agreement for October 1, 2001 through September 30, 2004, the DROP of the retirement plan shall be
available for general employees and shall consist of a FORWARD DROP and a BACDROP. Any general
employee who has reached age 55 with ten years of creditable service, or who has attained a
combination of age plus years of creditable service equal to 70, shall be eligible to participate in the
DROP.
(1) Election to participate. Upon election of participation in the DROP, by using forms and
procedures as prescribed by the board of trustees, a member's creditable service, accrued
benefits, and compensation calculation shall be frozen and shall be based on the member's
average final compensation as the basis of calculating the DROP payment. Upon commencement
of participation in the DROP, the member's contribution and the city contribution to the
retirement plan for that member shall cease as the member will be earning no further service
credit. The member shall not acquire additional pension credit for the purposes of the pension
plan but may continue city employment for up to a maximum of 48 months.
(2) Maximum participation. The maximum period of participation in the DROP, is 48 months. Once
the maximum participation has been achieved, the participant must terminate employment.
(3) Creation of individual account. For each general employee electing participation in the DROP, an
individual account shall be created.
(4) Earnings on DROP account. The board of trustees of the retirement plan shall establish, by
administrative rule, a series of investment vehicles which may be chosen by participants in the
DROP. Any losses incurred on account of the option selected by the participant shall not be made
up by the city or the GESE trust fund, but any such loss shall be borne by the participant only.
Upon participation in the DROP, the member shall make a selection of the earnings program on
forms provided by the board. All interest shall be credited to the member's DROP account.
(5) Distribution of DROP benefits. Upon conclusion of a period of participation in the DROP not to
exceed the maximum set forth in subsection (2), the participant shall terminate employment.
Upon termination of employment, a participant may receive payment from the DROP account in
the following manner:
a. Lump sum distribution;
b. Periodic payments;
c. Rollover of the balance to another qualified retirement plan, IRA, or an Internal Revenue
Code Section 457 Plan; or
d. An annuity.
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A participant may defer payment until the latest date authorized by Section 401(a)(9) of the
Internal Revenue Code.
(6) Drop participation shall not affect any other death or disability benefit provided to a member
under federal law, state law, city ordinance, or any rights or benefits under any applicable
collective bargaining agreement.
(7) If a DROP participant dies before the DROP account balances are paid out in full, the person(s)
designated by such DROP participant shall receive such DROP account balances in accordance
with the DROP participant election in effect at the time of death.
(8) Any employee who enters into a DROP agreement shall be bound by the terms and conditions of
that agreement.
(9) Forward DROP. The date of entry into the FORWARD DROP shall be the beginning of a pay
period. Payment shall be made by the retirement plan into the participant's DROP account in an
amount equal to the regular monthly retirement benefit which the participant would have
received had the participant separated from service and commenced the receipt of benefits from
the plan. The amount of the monthly benefit shall be determined based on the creditable service,
average final compensation, and retirement option selected in accordance with this section. Upon
conclusion of a period of participation in the DROP not to exceed the maximum set forth in
subsection (2), the participant shall terminate employment with the city.
Election of a FORWARD Drop Program precludes participation in a BACDROP program.
(10) BACDROP. A general employee may elect to BACDROP to a date no further back than the date
of the member's retirement eligibility date. The BACDROP period must be in 12-month
increments, beginning at the start of a pay period, not to exceed 12 months. Participation in the
BACDROP does not preclude participation in the FORWARD Drop program.
The benefits for purpose of the BACDROP will then be actuarially calculated to be the equivalent
to the benefit earned at the date of retirement. Said calculation will consist of the present value of
benefits being equal to the actuarially reduced benefit, plus a lump sum with interest, as
determined by the retirement plan's actuary. Participant contributions will not be returned for
the period of time covered by the BACDROP program.
The lump sum as calculated by the retirement plan's actuary will be based on the assumed
investment return of the fund without discount for mortality and deposited into the newly
created DROP account.
(11) DROP incentive program. Any member who is a DROP participant as of October 1, 2009, may
elect to participate in the DROP incentive program by completing the necessary election
documentation no later than October 15, 2009. Effective October 22, 2009 any member in DROP
or eligible to retire, may participate in the extended DROP incentive program by completing the
necessary election documentation no later than November 6, 2009. Participation in the DROP
incentive program and the extended DROP incentive program is as follows:
a. The DROP incentive program or extended DROP incentive program participant may, upon
separating city employment, elect to either receive:
1. A lump sum in the amount of $25,000.00, or
2.
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A Lump sum in the amount of $7,200.00 and receive a 100 percent subsidy of insurance
for two years from date of separation. The insurance shall be based on an HMO plan tier
of employee plus one.
(12) Reserved.
(13) Reserved.
(14) BACKDROP option. A backdrop benefit option shall be implemented on January 1, 2013. The
backdrop option shall replace the existing DROP program. Employees who have not attained
normal retirement eligibility as of January 1, 2013 or were not vested by October 1, 2010, and all
employees hired on or after January 1, 2013, will be eligible for the backdrop option, but will not
be eligible for the DROP. Anyone eligible for the forward DROP as of January 1, 2013, remains
eligible for the forward DROP as it presently exists and anyone eligible for the forward DROP as of
January 1, 2013 or vested prior to October 1, 2010, who chooses not to enter the forward DROP
remains eligible for the backdrop.
a. An eligible employee who elects the backdrop option shall receive a monthly benefit payable
on the employee's actual retirement date (date of retirement and separation from city
employment) based on the benefit the employee would have received if he/she had left city
employment and retired on an earlier date after attaining normal retirement eligibility (the
"backdrop date"). In addition, an eligible employee who elects the backdrop option will
receive a lump sum payment equal to the accumulation of monthly retirement benefit
payments he/she would have received during the period following the backdrop date
through the actual retirement date ("backdrop period"), plus interest at the rate of three
percent per year, compounded annually. An eligible employee may elect a minimum
backdrop period of one year and maximum backdrop period of up to seven years. An eligible
employee who elects the backdrop option must select the normal form of benefit or an
optional form of benefit in accordance with subsection 40-255(j) at the time of electing the
backdrop option. The employee's monthly benefit as well as the lump sum payment under
the backdrop option is based on the form of benefit selected.
b. Employees are eligible to elect the backdrop option after completing one year of creditable
service following the normal retirement date. A backdrop election must be made within ten
years after becoming eligible for normal retirement. The maximum backdrop period is seven
years. Eligible employees who wish to elect the backdrop option must provide written
notification to the department director and the department of human resources at Least
eight months prior to the employee's retirement date; provided a lesser notice period may be
approved by the city manager due to special circumstances. Bargaining unit members will be
eligible to revoke their backdrop election one time, but within one month of their election.
However, if a bargaining unit employee is granted a lesser notice, period by the city manager
due to special circumstances, the employee will not be eligible for the one-time backdrop
election revocation. Employees are not required to elect the backdrop option.
c. All or a portion of the lump sum payment under the backdrop option may be rolled over to
an eligible retirement plan or IRA in accordance with federal law.
d. If the backdrop option is ever terminated, for any reason, the rights of all persons then in the
DROP shall not be diminished or impaired. Additionally, if the backdrop is ever terminated, all
persons who are then eligible for the backdrop option will still be eligible for a seven year
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backdrop. The board of trustees of shall develop operational rules for the implementation of
this provision.
(m) Reemployment of retirees, Except as expressly provided herein, should any retiree be reemployed by
the city into a regular, permanent, full-time employment position as defined in section 40-241, the
benefits payable under this Plan shall be suspended during the period of reemployment. Upon
termination of the period of reemployment with the city, benefits shall be automatically restored, as
provided for in this Plan, on the first day of the month following the termination of reemployment. No
additional vesting period shall be required, Effective November 1, 2002, this section shall not apply to
city commission and mayoral assistants and secretarial staff position, as described in Civil Service Rule
1, Sec. 1.2(a), authorized in the city budget for the offices of the mayor and members of the city
commission, or to any employment other than with the city. Employees in the above job
classifications may opt to continue collecting their pensions during their reemployment, but they may
not accrue any further pension service credit. This section shall not apply to retirees who enter into
legal agreement with the city either through written contracts or otherwise for services not defined as
full-time, permanent employees of the city.
(n) Limitation on benefits. Effective September 30, 2010, for members who retire or separate from
employment on or after October 1, 2010, member retirement allowances shall not exceed the lesser
of 100 percent of the member's average final compensation or an annual retirement allowance of
$100,000.00 as of retirement or DROP entry based on the normal form of benefit in effect on the date
of retirement; provided, in no event shall the benefit limitation provided in this subsection be less
than the lesser of 100 percent of the member's average final compensation or the member's accrued
benefit on September 30, 2010, based on the normal form of benefit in effect on that date. Effective
September 30, 2012, member retirement allowances shall not exceed an annual retirement allowance
of $80,000.00 as of retirement or DROP entry based on the normal form of benefit in effect on the
date of retirement; provided, any employee who has an accrued benefit in excess of $80,000.00
annually on the effective date shall retain that benefit, but shall not accrue any additional benefits
after that date.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 12185, § 2, 2-14-02; Ord. No, 12202, § 2, 3-27-02; Ord. No. 12249, §
1, 6-27-02; Ord. No. 12753, § 1, 1-26-06; Ord. No. 13099, § 1, 9-24-09; Ord. No. 13109, § 1, 10-22-09; Ord.
No. 13154, § 1, 4-22-10; Ord. No. 13192, § 1, 8-31-10; Ord. No. 13203, § 2, 9-27-10; Ord. No. 13343, § 1, 9-
27-12)
Sec, 40-256. - Cost -of -living allowance.
A cost of living (COLA) allowance shall be paid to beneficiaries of the Plan as follows:
(1) Every October 1, there shall be calculated a four percent COLA benefit equal to four percent of
the benefit payable at that time. There shall be a minimum COLA benefit of $54.00 per year and a
maximum COLA benefit increase of $400.00 per year provided the retiree's first anniversary of
retirement has been reached.
(2) Retirees exercising the return of contributions and reduced pension option shall receive a
minimum COLA benefit of $27.00 per year and a maximum COLA benefit of $200.00 per year,
provided the retiree's first anniversary of retirement has been reached.
(3) COLA participation for DROP members. Eligibility for payments for cost of living adjustment (COLA)
shall commence when a member has reached the first anniversary of retirement. When that
occurs, the COLA shall be paid into the member's DROP account in monthly installments for the
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Forward DROP until a member has actually separated from employment from the city and in
lump sum to the member's DROP account for the BACDROP member upon separation from
employment. For the purpose of complying with Section H(2)(g) of the Second Amended Final
judgment in Gates, the employee's "Date of Retirement" shall be the date Forward DROP is
entered or the date to which the member elects to BACDROP.
(4) The board shall administer COLA payments and COLA assets shall be deemed an integral part of
the trust for which separate accounting is not required.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 12202, § 2, 3-27-02)
Sec. 40-257. Adjustment in benefits.
Members who belonged to the Miami City General Employees' Retirement Plan, presently known as
the City of Miami General Employees' and Sanitation Employees' Retirement Trust, shall continue to be
subject to the following adjustments in benefits:
Any member who, on or before May 23, 1985, had a vested right to receive an additional retirement
allowance under the provisions of the Miami City General Employees' Retirement Plan, presently
known as the City of Miami General Employees' and Sanitation Employees Retirement Trust, which
benefit was previously set forth in former section 40-235(A)(3)(a) of this Code (repealed June 13, 1985),
shall be entitled to such additional benefit upon service retirement, early service retirement or "rule
of 75" or "rule of 70" retirement pursuant to this division. A member shall be deemed to have a
vested right if said member, on or before May 23, 1985, was serving in any of the capacities
enumerated in former section 40-235(A)(3)(a) and thereafter continued to serve in such capacity
uninterruptedly for a total combined period of not Less than three years. Those members having such
vested right may only continue to earn credit for such allowance up to a combined period of ten
years' service.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-258. - Assignments and loans prohibited.
The present or future right of a person to moneys in the fund or to a retirement allowance, an
optional allowance, a death benefit, the return of contributions, or any other right accrued or accruing to
any person under the provisions of this division, shall be unassignable, and shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process
of law whatsoever, except with respect to alimony, child support, or medical payments to a former
spouse. Loans to participants are prohibited.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-259. - Protection against fraud.
Whoever, with intent to deceive, shall make any statements or reports required under this division
which are untrue or shall falsify or permit to be falsified any record of this Plan, shall be punished as
provided in section 1-13 of this Code.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-260. - Errors.
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Should any change or error in Plan records be discovered or result in any member or beneficiary
receiving from the Plan more or less than he or she would have been entitled to receive had the records
been correct, the board shall have the power to correct such error and, as far as possible, adjust the
payments in such a manner that the actuarial equivalent of the benefit to which such member or
beneficiary was correctly entitled shall be paid.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-261. - Bonding; fiduciary insurance.
(a) Prior to exercising custody or control of any funds or property of the Plan, every fiduciary of the Plan
and every person who handles funds or other property of the Plan shall be bonded. Such bond shall
provide protection to the Plan against loss by reason of acts of fraud or dishonesty on the part of the
bonded individual, directly or through connivance with others.
(b) The board shall purchase insurance for the Plan and for the members of the board of trustees to
cover liability or losses occurring by reason of an act or omission of a fiduciary, providing, however,
that such insurance permits recourse by the insurer against the fiduciary in case of a breach of a
fiduciary obligation by such fiduciary.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-262. - Compliance with the Internal Revenue Code.
(a) It is the intention of the city and of the board that the Plan remain at all times a qualified Plan, as that
term is defined under the Internal Revenue Code.
(b) No member's annual benefit may exceed the amounts permitted under Section 415 of the Internal
Revenue Code as amended, including cost of living adjustments under Section 415 (d).
(c) Compensation in excess of limitations set forth in section 401(a)(17) of the Internal Revenue Code
shall be disregarded. The limitation on compensation for an eligible employee shall not be less than
the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993, The
Term "eligible employee" means an individual who was a member before the first plan year beginning
on or after January 1, 1996.
(d) In no event may a member's retirement benefit be delayed beyond the later of April 1st following the
calendar year in which the member attains age 701/2, or April 1st of the year following the calendar
year in which the member retires.
When a distribution of the participant's entire interest is not made in a lump sum, the distribution will
be made in one or more of the following ways: over the life of the participant; over the life of the
participant and designated beneficiary; over a period certain not extending beyond the life expectancy of
the participant; or over a period certain not extending beyond the joint life and last survivor expectancy of
the participant and a designated beneficiary.
(e) If the distribution has commenced before the participant's death, the remaining interest will be
distributed at least as rapidly as under the method of distribution being used as of the date of the
participant's death.
The method of distribution, if the participant dies before distribution is commenced, must satisfy the
following requirements:
(1) Any remaining portion of the participant's interest that is not payable to a beneficiary designated
by the participant will be distributed within five years after the participant's death;
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(2) Any portion of the participant's interest that is payable to a beneficiary designated by the
participant will be distributed either: (i) within five years after the participant's death; or (ii) over
the life of the beneficiary, or over a period certain not extending beyond the life expectancy of the
beneficiary, commencing not later than the end of the calendar year following the calendar year
in which the participant died (or, if a designated beneficiary is the participant's surviving spouse,
commencing not later than the end of the calendar year following the calendar year in which the
participant would have attained age 70-1/2).
(f) This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any
provision of the plan to the contrary that would otherwise limit a distributee's election under this
subsection, a distributee may elect, at the time and in the manner prescribed by the Plan
administrator, to have any portion of an eligible rollover distribution paid directly to an eligible
retirement plan specified by the distributee in a direct rollover.
(1) For the purposes of this section and section 40-266 of this Plan, the following words and phrases
shall have the meanings indicated:
a. "Eligible rollover distribution" is any distribution of all or any portion of the balance to the
credit of the distributee, except that an eligible rollover distribution does not include:
1. Any distribution that is one of a series of substantially equal periodic payments (not less
frequently than annually), made for the life (or life expectancy) of the distributee, or the
joint lives (or joint life expectancies) of the distributee and the distributee's designated
beneficiary, or for a specified period of ten years or more;
2. Any distribution to the extent such distribution is required under Section 401(a)(9) of the
Internal Revenue Code; and
3. The portion of any distribution that is not includable in gross income.
b. "Eligible retirement plan" is an individual retirement account described in Section 408(a) of
the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of
the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal
Revenue Code, or an eligible defined compensation plan described in Section 457(b) of the
Internal Revenue Code which is maintained by an eligible employer described in Section
457(e)(i)(A) of the Internal Revenue Code, that accepts the distributee's eligible rollover
distribution. However, in the case of an eligible rollover distribution to the surviving spouse,
an eligible retirement plan is an individual retirement account or individual retirement
annuity.
c. "Distributee" includes an employee or former employee. In addition, the employee's or
former employee's surviving spouse is a distributee with regard to the interest of the spouse.
d. "Direct rollover" is a payment by the Plan to the eligible Plan specified by the distributee.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 12181, § 1, 1-24-02)
Sec. 40-263. - Distribution of marital interests in the plan; intervention in legal proceedings affecting the
Plan.
(a) In the event that the board is served with a domestic relations order or other legal process purporting
to require the payment of any portion of a member's benefit to another person as a result of a
dissolution of marriage, the board shall cause such order to be reviewed to determine compliance
with the provisions of the Plan.
(b)
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The board of trustees shall be authorized to intervene in any such dissolution of marriage proceeding
to ensure that such domestic relations order is otherwise consistent with the distribution of an
interest in a public employees retirement plan under state law.
(c) Any cost associated with the modification or correction of such domestic relations orders shall be the
responsibility of the Plan member.
(d) The board shall be authorized to seek intervention as provided by law in any legal proceedings which,
in the opinion of the board, affects the substantial interests of the Plan.
(e) The parties may consent to the entry of an order distributing benefits in a manner not otherwise
inconsistent with the terms of the Plan.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-264. - General conditions.
(a) The City of Miami General Employees' and Sanitation Employees' Retirement Trust may sue or be
sued as an entity.
(b) The city commission shall have continuing power to amend or supplement this division, but no
amendment shall be adopted which will reduce the then accrued benefits of members or
beneficiaries covered by accumulated reserves, which reserves shall constitute a trust fund for the
payment of such benefits.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-265. Excess benefit plan.
(a) The excess retirement benefits above the limits permitted by the Internal Revenue Code shall be as
follows:
(1) Funded from the City of Miami General Fund; and
(2) Paid annually concurrently with the city's annual contribution to normal pension costs, which
shall cause the city to realize a reduction in normal pension costs in the same amount; and
(3) Be deposited in separate accounts for each respective plan to receive the city's excess retirement
benefit contributions, which accounts shall be separate and apart from the accounts established
to receive the city's normal pension contributions for each retirement trust;
(b) The board of trustees for General Employees' and Sanitation Employees' (GESE) is appointed as the
committee to administer the Excess Benefit for the GESE retirees.
(c) The actuaries for the GESE Board of Trustees shall calculate the amounts necessary to fund the
defined benefit plans giving effect to the reductions caused by implementation of Section 415 of the
Internal Revenue Code.
(d) The excess benefits shall be paid to each eligible member of the Plans on a monthly basis in an
amount equal to the difference between the allowable pension to be paid under the Internal Revenue
Code and the amount of the defined benefit granted eligible members pursuant to the provisions set
forth in the Code.
(e) Should additional retirements occur during the year where the eligible member's retirement benefit
exceeds the Section 415 limits, the GESE Board of Trustees shall calculate the additional excess
benefit amount required for the remainder of the fiscal year and should such amount exceed the
amount available from the funds provided for the fiscal year, the GESE board of trustees shall notify
the city of the additional funds required.
(f)
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Upon the city's receipt of notice of the additional funds required, the city shall forward the additional
funds required. The requirement for additional funds paid by the city to fund the Excess Benefit Plan
shall be reflected as a reduction in the city's annual contribution of normal pension costs for the
following year.
(Ord. No. 12111, § 1, 9-25-01)
Sec. 40-266. - Transfer of accumulated leave.
(a) Members eligible to receive accumulated sick leave, accumulated vacation leave or any other
accumulated leave payable upon retirement or separation (including DROP) may elect, not later than
the year prior to retirement to have the leave transferred to the Plan in accordance with the
respective collective -bargaining -agreement, if applicable. Members on whose behalf leave has been
transferred may elect one of the following options within 30 days of retirement/separation. Members
failing to elect a distribution option within 30 days of retirement/separation will be deemed to have
elected Option 1 below:
(1) Receive a lump sum equal to the transferred leave balance, or
(2) Transfer the entire amount of the transferred leave balance directly to any eligible retirement
plan, or
(3) Purchase additional service credit as may permitted by the Code (including subsection 40-254(6),
purchase of additional service upon retirement). If the leave balance exceeds the cost of the
service credit purchased, the balance shall be paid to the member in a lump sum.
(b) Members who fail to elect a transfer in the year prior to retirement or other separation will receive
payment in a lump sum at time of separation with all attendant tax consequences.
(c) If a member on whose behalf the city makes a transferred leave balance to the Plan dies after
retirement or other separation, but before making an election, as provided, or after making an
election but before any distribution is made, the election option shall be void. In such an event, any
person who would have received a death benefit had the member died in service immediately prior to
the date of retirement or other separation, shall be entitled to receive an amount equal to the
transferred Leave balance in a lump sum. In the case of a surviving spouse or former spouse, an
election may be made to transfer the leave balance to an eligible retirement plan in lieu of the lump
sum payment. Failure to make such an election by the surviving spouse or former spouse within 60
days of the member's death, will be deemed an election to receive a lump sum payment.
(d) The board, by rule, shall prescribe the method for implementing the provisions of this section,
(Ord. No. 12111, § 1, 9-25-01; Ord. No, 13154, § 1, 4-22-10)
Secs. 40-267-40-290. - Reserved.
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