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File ID: #3732
Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner
MAY BE WITHDRAWN
City of Miami File ID: 3732 (Revision:) Printed On: 2/24/2025
City of Miami
Legislation
Ordinance
File Number: 3732
MAY BE WITHDRAWN
Final Action Date: 10/11/2018
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
ARTICLE IV. PENSION AND RETIREMENT PLAN
* * * *
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.
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: 3732 (Revision:) Printed On: 2/24/2025
(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 last restoration, 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 March 8, 2018, the provisions of this Article shall not apply to any
beneficiaries re-employed as assistants or secretarial staff positions of an elected official
on a part-time basis as authorized in the City's budget 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 may not accrue any further pension service
credits.
* *„
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:
ndez, City Attor ey 2/26/2018
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: 3732 (Revision:) Printed On: 2/24/2025