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Legislation
Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01238 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY
OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST",
MORE PARTICULARLY BY AMENDING SECTION 40-191 ENTITLED
"DEFINITIONS", TO AMEND THE DEFINITION OF POLICE OFFICER AND
SECTION 40-203 ENTITLED "BENEFITS" TO CLARIFY CHANGES TO THE
BENEFICIARIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 40/Article IV/Division 2 of the Code of the City of Miami, Florida, as amended in
the following particulars:{ 1}
"CHAPTER 40
PERSONNEL
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ARTICLE IV. PENSION AND RETIREMENT PLAN
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DIVISION 2, CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT PLAN
Sec. 40-191. Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases as
used in this division shall have the following meanings:
*
*
Police officer shall mean any person employed as a full-time police officer by the city who is
vested with authority to bear arms and make arrests, and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of
the State of Florida.
Sec. 40-203. Benefits.
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City of Miami Page 1 of 3 File Id: 15-01238 (version: 1) Printed On: 9/15/2015
File Number: 15-01238
(I) Restoration of beneficiaries to membership.
(1) Should a disability beneficiary be restored to or be in service at a compensation equal to or
greater than his or her average final compensation at retirement, or should any other
beneficiary be restored to service, the following shall apply:
a. The retirement allowance of the beneficiary shall cease, he or she shall again become a
member of the retirement system and regular contributions shall resume at the rate
required by the retirement system; and
b. The beneficiary shall be credited with all service as a member standing to his or her
credit at the time of retirement, providing he or she returns, in such manner as shall be
prescribed by the board, the amount of any accumulated contributions of money received
upon retirement.
(2) If a beneficiary is restored to membership on or after the attainment of age 50, he or she
shall, on subsequent retirement, be credited with all service as a member subsequent to his or
her last restoration to membership and shall receive a retirement allowance therefor as if he or
she were a new entrant, and, in addition, the former beneficiary shall receive the retirement
allowance which he or she was receiving immediately prior to his or her lastrestoration, but the
total pension shall not exceed the proportion of average final compensation he or she would
have received as a retirement allowance had he or she remained during the period of prior
retirement.
(3) Participation in the DROP shall not be considered restoration to service under subsection
(I).
(4) Effective September 24, 2015, none of the provisions of Article IV/Division 2 found in this
ordinance nor the provisions in this section shall apply to any beneficiaries re-employed as City
Commission and mayoral assistants and secretarial staff positions on a part-time basis as
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.
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Section 2. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 3. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VVCtORIA MENDEZ
CITY ATTORNEY
City of Miami
Page 2 of 3 File Id: 15-01238 (Version: 1) Printed On: 9/15/2015
File Number: 15-01238
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 15-01238 (Version: 1) Printed On: 9/15/2015