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3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5939 Final Action Date: 1/14/2021
MAY BE WITHDRAWN
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF
MIAMI ELECTED OFFICERS RETIREMENT TRUST;" MORE PARTICULARLY BY
AMENDING SECTION 40-291, TITLED "DEFINITIONS", AND SECTION 40-296,
TITLED "APPLICABLE BENEFITS"; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Keon Hardemon
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 40, Article IV, Division 4 of the Code of the City of Miami, Florida, as
amended, is further amended in the following particulars:1
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
* * *
DIVISION 4. CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST
Sec. 40 -291. - 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 meaning:
Compensation shall mean salary and emoluments paid to the elected officer; provided, any
back -pay award shall only be allocated to the period for which the award is applicable.
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 Page 1 of 3 File ID: 5939 (Revision: A) Printed On: 5/13/2025
File ID: 5939 Enactment Number:
Sec. 40-296. Applicable Benefits.
(a) Certain elected officers, who were elected officers for a period of ten (10) years or
more and who no longer serves as elected officers shall be entitled during the
remainder of their natural lives to a sum equal to one-half of their W 2 wages
Compensation for the highest of the last three (3) years of service of their term of office
and a single sum death benefit fully vested at date of death. Upon vesting and each
year thereafter of service as an elected officer, the retirement allowance shall be five
percent (5%) for each year of service to a maximum of 100 one hundred percent
(100%) of the highest W 2 wages Compensation.
(b) Elected officers in office on or after October 1, 2018 shall be eligible for a retirement
benefit as follows:
1. Elected officers who were first elected to office before October 22, 2009, who are in
office on October 1, 2018, and serve as an elected officer for a period of seven (7) or
more years shall be entitled, upon separation from employment and reaching age 55
with ten (10) or more years of service or age 60, to a sum equal to one-half of their
Compensation for the highest of the last three (3) years of service and a single sum
death benefit fully vested at date of death. Upon vesting and each year of service as
an elected officer thereafter, the retirement allowance shall increase by five percent
(5%) for each year of service to a maximum of one hundred percent (100%) of the
highest Compensation. Elected officers who are subject to the provisions of this
paragraph shall continue participating in the City's defined contribution plan for elected
officers.
2. Elected officers who were first elected to office on or after October 22, 2009, who
are in office on October 1, 2018, and who serve as an elected officer for a period of six
(6) or more years on and after October 1, 2018 shall, upon making an irrevocable
election to participate in the Elected Officers Retirement Trust, be entitled upon
separation from employment and reaching age 55 with ten (10) or more years of
service or age 60, to a sum equal to one-half of their Compensation for the highest of
the last three (3) years of service and a single sum death benefit fully vested at date of
death. Upon vesting and each year of service as an elected officer thereafter, the
retirement allowance shall increase by five percent (5%) for each year of service to a
maximum of one hundred percent (100%) of the highest Compensation. Such elected
officers may purchase service credit under this plan for his or her period of service as
an elected officer prior to October 1, 2018 by paying ten percent (10%) of his or her
Compensation, plus three percent (3%) annual interest, for each year of service
purchased. The service credit purchased shall count for all purposes of vesting and
benefits and elected officers who purchase such service credit shall be fully vested
when their total years of service, including purchased service before October 1, 2018,
and service thereafter, equals six (6) or more years. Elected officers who are subject to
the provisions of this paragraph shall make such election to be a member of the
Elected Officers Retirement Trust within ten (10) days of the effective date of this
Ordinance or be precluded from becoming a member of the Elected Officers
Retirement Trust. If the elected officer elects to participate in the Elected Officers
Retirement Trust, that election shall be irrevocable and thereafter, the elected officer
shall participate in said Elected Officers Retirement Trust and not in the City's defined
contribution plan for elected officers.
City of Miami Page 2 of 3 File ID: 5939 (Revision: A) Printed on: 5/13/2025
File ID: 5939 Enactment Number:
3. Elected officers who were first elected to office after October 1, 2018 and who
serve as an elected officer for a period of seven (7) or more years shall be entitled,
upon separation from employment and reaching age 55 with ten (10) or more years of
service or age 60, to a sum equal to one-half of their Compensation for the highest of
the last three (3) years of service and a single sum death benefit fully vested at date of
death. Upon vesting and each year of service as an elected officer thereafter, the
retirement allowance shall increase by five percent (5%) for each year of service to a
maximum of one hundred percent (100%) of the highest Compensation. Elected
officers who are subject to the provisions of this paragraph shall participate in the
Elected Officers Retirement Trust and shall not be eligible for the City's defined
contribution plan for elected officers.
or elected from October 1, 2001, until October 22, 2009, who were elected officers for
a period of seven y rs or more and who no longer serve as elected officers of the City
of Miami shall be entitled, upon reaching age, during the remainder of their natural
lives to a sum equal to one half of their W 2 wages for the highest of the last three
years of service of their term of office and a single sum death benefit fully vested at
date of death. Upon vesting and each year thereafter of service as an elected officer,
the retirement allowance shall increase by five percent for each year of service to a
maximum of 100 percent of the highest W 2 wages.
(c) °�, ea son elected to tl offi`+e „f mayor,, scioner-aster tuber 222, 2S
shall not be eligible to receive the benefits outlined herein; except those elected
officers currently holding office who have not vested, but who serve for seven years or
more in the office +he„ currently hold, irrespective of whether they served successive
terms.
*„
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
6/18/2019ndez, City Attor
ey ) 8/20/2019
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 Page 3 of 3 File ID: 5939 (Revision: A) Printed on: 5/13/2025