The URL can be used to link to this page

Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #1386 Date: 12/05/2016 Commission Meeting Date: 05/11/2017 Type: Ordinance Subject: Amend Code - Executive Trust Fund Contribution Purpose of Item: Requesting Department: City Manager's Office Sponsored By: District Impacted: All To amend Chapter 40, Article IV, Division 6, entitled "Trust Fund for Appointed Officers and Employees in Executive Service," by modifying the City's contribution into the trust fund. Background Information: Appointed officers and employees of the City employed in the executive service are required to participate in a public trust fund. As part of the benefit package offered to these affected employees, the City makes a contribution to the trust fund on their behalf in the amount of 8% of their annual salary. This amendment seeks to modify that amount by increasing it 2% for a total of 10% of the employee's annual salary. This change would create a more competitive benefits package for the purpose of retaining and attracting talented individuals in the executive service. Financial Impact: The annual cost to change the city contribution from 8% to 10% is $130,000. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: The annual cost to change the city contribution from 8% to 10% is $130,000. City Commission City Manager's Office Office of Management and Budget Office of Management and Budget Legislative Division Reviewed B Nicole Ewan Daniel J. Alfonso Christopher M Rose Jacques Joseph Valentin J Alvarez Meeting City Manager Review Review Pending Review Pending Legislative Division Completed Completed Completed Completed Completed 01/12/2017 9:00 AM 02/27/2017 4:47 PM 03/12/2017 2:36 PM 03/13/2017 10:03 AM 03/13/2017 4:58 PM City of Miami File ID: 1386 (Revision: A) Printed On: 3/21/2025 Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 03/13/2017 6:23 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 03/14/2017 9:09 AM City Commission Joyce Jones Meeting Completed 03/23/2017 9:00 AM City Commission Maricarmen Lopez Meeting Completed 04/27/2017 9:00 AM City Commission Nicole Ewan Meeting Completed 05/11/2017 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 05/19/2017 4:36 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 05/19/2017 4:50 PM City of Miami File ID: 1386 (Revision: A) Printed On: 3/21/2025 City of Miami Legislation Ordinance Enactment Number:13680 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1386 Final Action Date: 5/11/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE", BY MODIFYING THE CITY OF MIAMI'S CONTRIBUTION INTO THE TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, appointed officers and employees of the City of Miami ("City") employed in the executive service are required to participate in a public trust fund; and WHEREAS, the City makes a contribution to the trust fund on behalf of executive service employees as part of their benefit package; and WHEREAS, the City desires to provide a more competitive benefit package to retain and attract talented individuals in the executive service; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 40/Article IV/Division 6 of the Code of the City of Miami is amended in the following particulars:1 "CHAPTER 40. PERSONNEL ARTICLE IV. PENSION AND RETIREMENT PLAN * * * * Division. 6. Trust Fund for Appointed Officers and Employees in Executive Service. * * * * Sec. 40-351. Trust Fund for appointed officers and employees in executive service. 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 1386 (Revision: A) Printed On: 3/21/2025 Those persons hired in or promoted to, the following positions -after enactment of this ordinance, shall not be eligible for the Plan: city manager, city attorney, city clerk, chief deputy city attorney, deputy city attorney, assistant city attorney, assistant city clerk, department directors, deputy directors, and assistant directors, and those employees identified by the city administration as employed in the executive service of the city. Individuals hired or promoted into the positions (executive employees) set forth in this section shall participate in a trust plan as follows: (1) As established and approved by the commission of a written trust agreement wherein provision is made for the city to contribute moneys on behalf of employees to a public trust fund designated by the executive employee and approved by the commission, such contribution to be made in lieu of the city's contribution on behalf of employees in the Plan. a. The contribution to be made by the city under the terms of the above agreement shall be calculated at the rate of eaten (10) percent of the executive employee's annual compensation. b. A contribution to the designated public trust fund must be made by the executive employee and such contribution by the employee shall be picked up by the city at a rate of not less than five percent of the executive employee's annual compensation. c. An executive employee may, if so provided in the trust agreement, take actual or constructive receipt of his or her contribution, and those contributions made by the city on his or her behalf prior to reaching age 55 or upon becoming permanently and totally disabled by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. d. Additionally, the city manager may elect to participate in a public trust fund he or she designates and approved by the city commission. Contributions made to the designated public trust fund by the city shall be in accordance with the provisions of a resolution designating benefits for the city manager and approved by the city commission. Contributions, if any, by the city manager shall be picked up by the city as provided by the provisions of a resolution approved by the city commission. The city manager may, if so provided in the trust agreement, take actual or constructive receipt of their contributions, and those contributions made by the city on their behalf prior to reaching age 55 or upon becoming permanently and totally disabled, by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. e. The city attorney, assistant city managers, and assistants to the city manager may elect to participate in a public trust fund designated by the employee and approved by the city commission. Contributions shall be made to the designated public trust fund by the city at a rate of 20 percent of the city attorney's annual base salary, and eight ten (10) percent of the annual base salary for each of the assistant city managers and assistants to the city manager. The city attorney, assistant city managers, and assistants to the city manager may, if so provided in the trust agreement, take actual or constructive receipt of their contributions, and those contributions made by the city on their behalf prior to reaching age 55 or disabled, by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. City of Miami File ID: 1386 (Revision: A) Printed On: 3/21/2025 (2) Employees in the foregoing positions as defined in this subsection e., above, may not participate in the Plan, so long as, and during which, such employees hold those positions. (3) Notwithstanding the exclusions in {new section}Section 40-351 of the City Code, those employees who are members of the Plan prior to the enactment of this ordinance shall continue to be eligible to participate in the Plan regardless of position title of those employees. *„ Section 3. 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 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 3/14/2017 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 1386 (Revision: A) Printed On: 3/21/2025