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File ID: #5434
Ordinance
Second Reading
Sponsored by: Keon Hardemon, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT
PLAN/CITY OF MIAMI GENERAL EMPLOYEES' SANITATION AND EMPLOYEES'
RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-241,
40-254, AND 40-255, TITLED "DEFINITIONS," "PAYBACKS FOR MEMBERSHIP
CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE
RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN
NONMEMBERSHIP SERVICE, AND THE DEFINITIONS OF AVERAGE FINAL
COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED
OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," MORE PARTICULARLY
BY AMENDING SECTION 40-351, TITLED "TRUST FUND FOR APPOINTED
OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN
APPOINTED OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER
THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE
SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF
PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 5434 (Revision: B) Printed On: 4/28/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13887
File Number: 5434 Final Action Date: 12/12/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT
PLAN/CITY OF MIAMI GENERAL EMPLOYEES' SANITATION AND EMPLOYEES'
RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-241,
40-254, AND 40-255, TITLED "DEFINITIONS," "PAYBACKS FOR MEMBERSHIP
CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE
RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN
NONMEMBERSHIP SERVICE, AND THE DEFINITIONS OF AVERAGE FINAL
COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED
"PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED
OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," MORE PARTICULARLY
BY AMENDING SECTION 40-351, TITLED "TRUST FUND FOR APPOINTED
OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN
APPOINTED OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER
THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE
SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF
PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 17-0503 adopted on October 26, 2017, the City
Commission approved a Collective Bargaining Agreement between the City of Miami ("City")
and the employee organization known as the American Federation of State, County, and
Municipal Employees, AFL-CIO, Local 871 for the period of October 1, 2017 through September
30, 2020, which modified certain benefits of the collective bargaining unit; and
WHEREAS, pursuant to Resolution No. 18-0413 adopted on September 27, 2018, the
City Commission approved a Collective Bargaining Agreement between the City and the
employee organization known as the Miami General Employees American Federation of State,
County, and Municipal Employees Local 1907, AFL-CIO for the period of October 1, 2017
through September 30, 2020 and the Memorandum of Understanding ("MOU") concerning the
pension multiplier dated August 9, 2018, both of which modified certain benefits of the collective
bargaining unit; and
WHEREAS, the City Commission has determined that certain other retirement plan
changes are in the best interest of the City and its employees; and
WHEREAS, it is necessary to amend Chapter 40, Article IV, Divisions 3 and 6 of the
Code of the City of Miami, Florida, as amended ("City Code"), to reflect said changes;
City of Miami File ID: 5434 (Revision: B) Printed On: 4/28/2025
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 3 of the City Code in the following particulars:1
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST
Sec. 40-241. Definitions.
The following words and phrases as used in this division shall have the following
meanings:
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)
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.
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: 5434 (Revision: B) Printed On: 4/28/2025
(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, average final compensation shall mean the average of
the highest five (5) years of the last ten (10) 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.
LQ Effective October 1, 2018, for members who were hired prior to October 1, 2010 and
retire on or after October 1, 2018, except members of AFSCME Council 79, Local
871, average final compensation shall mean the highest one (1) year of
compensation.
*
*
*
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. The amount of compensation taken into account under the System may not
exceed $200,000.00. This amount is subject to adjustment as provided for in Internal Revenue
Code Section 401(a)(17), Internal Revenue Code Section 415(d) and Section 16 of this Plan.
Beginning with compensation earned after December 31, 2008, and pursuant to Internal
Revenue Code Section 414(u)(7), the definition of compensation includes the amount paid by
the city as differential wages to members who are absent from employment while in qualified
military service. For members who retire on or after October 1, 2018, except members of
AFSCME Council 79, Local 871, compensation shall include the retroactive five percent (5%)
salary increase for the member's highest one (1) year salary.
*
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 for
members who did not attain age 55 as of September 30, 2010 and all other members who
retire on or after October 1, 2010 shall mean the earlier of age sixty (60.1 with ten (10) years of
creditable service, er-age fifty-five (551 with thirty (30.1 years of creditable, or rule of 80
retirement with ten (10) years of creditable service (when the sum of a member's age and
length of creditable service equals at least 80). service for members who have not attained
agc 55 as of Scptcmbcr 30, 2010 and all other members who retire on or after October 1,
2010. Notwithstanding the provisions of this paragraph, effective September 30, 2020, for all
members hired prior to October 1, 2010 who retire on or after September 30, 2020 except
members of AFSCME Council 79, Local 871, normal retirement age shall mean age fifty-five
(55) with ten (10) years of creditable service or rule of 70 retirement. All members are one
hundred percent (100°1 percent vested upon reaching normal retirement age.
City of Miami File ID: 5434 (Revision: B) Printed On: 4/28/2025
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.
(8) Purchase of credit for service as City Attorney, Chief Deputy City Attorney, Deputy
City Attorney, Senior Assistant City Attorney, or Assistant City Attorney. Any City
Attorney, Chief Deputy City Attorney, Deputy City Attorney, Senior Assistant City
Attorney, or Assistant City Attorney who becomes a member of this Plan on or after
October 1, 2018 pursuant to Section 40-351 and any other member who has prior
service as an appointed officer or employee while not a member of this Plan may
purchase up to four (4) years of prior non -membership service in accordance with
subsection (2) above, and any years in excess of four (4) years of prior non -membership
service by paying the full actuarial cost for such service.
Sec. 40-255. Benefits.
(a) Service retirement.
(1) A member in service may elect to retire on a service retirement upon the attainment
of normal retirement age as defined in Section 40-241 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 hired prior to October 1, 2010 who retires or separates from employment
on or after September 30, 2020 with ten (10) or more years of service or who has
attaincd cligibility for scrvicc rctircmcnt, before October 1, 2010 shall be considered
cligiblc for a scrvicc rctircmcnt upon attaining the arlicst of the following:
a. The complction of tcn (10) years of credited service and the
attainmcnt of age fifty five (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 arly rctircmcnt program shall be implcmented 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
City of Miami File ID: 5434 (Revision: B) Printed On: 4/28/2025
program must submit a request in writing, no later than September 29, 2010,
and rctirc and scparatc from City employment no later than September 30,
2010. Members who retire under this early retirement program may not
participate in the Deferred Retirement Option Plan (DROP) as provided in
s bcection (1\ This confirm shall have no fi irther application or effort on and
after October 1, 2010.
(32) The service retirement benefit for persons retiring after October 1, 1998; shall be
equal to three percent (3%) 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 fifteen (15) years of creditable service, two and
one-fourth percent (2.25%) of the member's average final compensation multiplied by
the number of years of creditable service; for creditable service in excess of fifteen
05) years but less than twenty (20) years, two and one-half percent (2.5%) of the
member's average final compensation multiplied by the number of years of creditable
service; and for creditable service in excess of twenty (20) years, two and three -
fourths percent (2.75%) 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. Notwithstanding the provisions of this
paragraph:
a. Effective October 1, 2017, for members of AFSCME Council 79, Local 871,
the service retirement benefit for creditable service on and after October 1, 2010 shall
be equal to: for the first twenty (20) years of creditable service, two and one-half
percent (2.5%) of the member's average final compensation multiplied by the number
of years of credible service; and two and three -fourths percent (2.75%) of the
member's average final compensation multiplied by the number of years of credible
service in excess of twenty (20) years.
b. Effective October 1, 2018, for all members hired before October 1, 2010
except members of AFSCME Council 79, Local 871, the service retirement benefit
shall be equal to three percent (3.0%) of the member's highest one (1) year of
compensation multiplied by the number of years of credible service. The service
retirement benefit shall be based on a member's total creditable service and the
benefit multiplier set forth in this subparagraph (not the benefit multiplier in effect at
the time the service is earned).
{/1) 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 scrvicc rctircmcnt upon attaining the earlier of the following:
a. Complction of tcn y rs of crcditable service and the attainment of
agc 60; or
b. Completion of thirty years of creditable service and the attainment of
agc 55.
c. Rule of 80 retirement. The completion of a combination of years of
credi se + attained-age-e� . T el ibl r
benefit, the member must have completed not le--c than 10 years of creditable
service.
City of Miami File ID: 5434 (Revision: B) Printed On: 4/28/2025
(g3) Any member eligible for a service retirement may choose any of the optional
allowances provided in subsection (j).
(64) 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.
*„
Section 3. Chapter 40, Article IV, Division 6 of the City Code 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
40-351. - Trust fund for appointed officers and employees in executive service.
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. Notwithstanding the
preceding sentence, effective October 1, 2018, the following positions shall be eligible for
participation in the Plan or the Trust Fund: City Attorney, Chief Deputy City Attorney, Deputy
City Attorney, Senior Assistant City Attorney, Assistant City Attorney, and persons employed
in these positions on or after June 1, 2019. The City Attorney, Chief Deputy City Attorney,
Deputy City Attorney, Senior Assistant City Attorney, Assistant City Attorney, and persons
employed in these positions on or after June 1, 2019 may elect to participate in either plan. If
such person elects to participate in the Plan, he or she may elect to purchase creditable
service under the Plan for credit for prior non -membership service as an appointed officer or
employee in accordance with Sections 40-254(2) and 40-254(8). An election to participate in
the Plan shall be irrevocable. Individuals hired or promoted into the positions (executive
employees) set forth in this section shall participate in a trust plan as follows:
*„
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami File ID: 5434 (Revision: B) Printed On: 4/28/2025
Section 5. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
7/16/2019 rt6 ia'1 it dez, 6ty Attor
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: 5434 (Revision: B) Printed On: 4/28/2025