HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
File ID: #13392
Date: 01/26/2023
Commission Meeting Date: 04/13/2023
Type: Ordinance
Subject: Amend Code - Chapter 40 -
7 year DROP
Requesting Department: City Manager's
Office
Sponsored By:
District Impacted: All
PURPOSE OF ITEM:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT RESOLUTION
NO. R-22-0340 ADOPTED ON SEPTEMBER 13, 2022 AND RESOLUTION NO. R-22-
0423 ADOPTING ON OCTOBER 27, 2022, 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 EMPLOYEE'S AND SANITATION EMPLOYEES' RETIREMENT
TRUST," MORE PARTICULARLY BY AMENDING SECTIONS 40-255, TITLED
"BENEFITS," INCREASING THE DROP PARTICIPATION TO (84) MONTHS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
BACKGROUND INFORMATION:
Pursuant to Resolution No. R-22-0340, adopted on September 13, 2022, and
Resolution No. R-22-0423, adopted on October 27, 2022, the City of Miami ("City")
ratified an amendment to the Collective Bargaining Agreement between the City and the
Miami General Employees American Federation of State, County, and Municipal
Employees Local 1907, AFL-CIO in effect for the period of October 1, 2020 through
September 30,2023; and ratified an amendment to the Collective Bargaining Agreement
between the City and the Miami General Employees American Federation of State,
County, and Municipal Employees Local 871, AFL-CIO in effect for the period of
October 1, 2020 through September 30, 2023.
As a result of the amendment to the Collective Bargaining Agreement, certain changes
must be made to the pension ordinance.
This proposed amendment to Chapter 40/Article IV/Division 3 of the Code of the City of
Miami, Florida, as amended ("City Code") amends Section 40-255, titled "Benefits," by
increasing the DROP participation to 84 months from 48 months for all members of the
Plan.
Budget Impact Analysis
City of Miami File ID: 13392 (Revision: A) Printed On: 6/30/2025
Item is NOT Related to Revenue
Item is NOT funded by Bonds
City Commission
City Manager's Office
Office of Management and Budget
Office of Management and Budget
Legislative Division
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Legislative Division
Office of the City Attorney
Nicole Ewan
Arthur Noriega V
Miriam Arcia
Marie Gouin
Valentin J Alvarez
Victoria Mendez
Nicole Ewan
Todd B. Hannon
Mayor's Office
City Clerk's Office
City Clerk's Office
Valentin J Alvarez
Victoria Mendez
Reviewed B
Meeting
Department Head Review
Budget Analyst Review
Budget Review
Legislative Division Review
Approved Form and Correctness
Meeting
Meeting
Unsigned by the Mayor
Completed
Completed
Skipped
Completed
Completed
Completed
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Rendered
Legislative Division Review
Approved Form and Correctness
Completed
Completed
Completed
02/23/2023 9:00 AM
02/28/2023 6:34 PM
02/28/2023 8:10 PM
02/28/2023 8:12 PM
02/28/2023 8:14 PM
02/28/2023 8:16 PM
03/09/2023 9:00 AM
04/13/2023 9:00 AM
04/18/2023 5:56 PM
04/18/2023 6:03 PM
04/24/2023 9:38 AM
05/03/2023 11:12 AM
05/03/2023 11:33 AM
City of Miami File ID: 13392 (Revision: A) Printed On: 6/30/2025
City of Miami
Legislation
Ordinance
Enactment Number:14161
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13392 Final Action Date: 4/13/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO
RESOLUTION NO. R-22-0340, ADOPTED ON SEPTEMBER 13, 2022,
AND RESOLUTION NO. R-22-0423, ADOPTED ON OCTOBER 27, 2022,
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 EMPLOYEE'S AND SANITATION EMPLOYEES' RETIREMENT
TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-255,
TITLED "BENEFITS," INCREASING THE DROP PARTICIPATION TO (84)
MONTHS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. R-22-0340, adopted on September 13, 2022,
and Resolution No. R-22-0423, adopted on October 27, 2022, the City of Miami ("City") ratified
an amendment to the Collective Bargaining Agreement between the City and the Miami General
Employees American Federation of State, County, and Municipal Employees Local 1907, AFL-
CIO in effect for the period of October 1, 2020 through September 30,2023; and ratified an
amendment to the Collective Bargaining Agreement between the City and the Miami General
Employees American Federation of State, County, and Municipal Employees Local 871, AFL-
CIO in effect for the period of October 1, 2020 through September 30, 2023; and
WHEREAS, as a result of the amendment to the Collective Bargaining Agreement,
certain changes must be made to the pension ordinance; and
WHEREAS, it is necessary to amend Chapter 40/Article IV/Division 3 of the Code of the
City of Miami, Florida, as amended ("City Code"), to reflect said changes;
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 2 of the City Code is amended in the following
particulars:'
"CHAPTER 40
PERSONNEL
*
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: 13392 (Revision: A) Printed On: 6/30/2025
ARTICLE IV. PENSION AND RETIREMENT PLAN
DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST
Sec. 40-255. - Benefits.
(I) Deferred retirement option program. Effective upon ratification of the A.F.S.C.M.E., Local
1907, labor agreement for October 1, 2001 through September 30, 2004, the DROP of the
retirement plan shall be available for general employees and shall consist of a FORWARD
DROP and a BACDROP. Any general employee who has reached age 55 with ten years of
creditable service, or who has attained a combination of age plus years of creditable service
equal to 70, shall be eligible to participate in the DROP.
(1) Election to participate. Upon election of participation in the DROP, by using forms
and procedures as prescribed by the board of trustees, a member's creditable service,
accrued benefits, and compensation calculation shall be frozen and shall be based on the
member's average final compensation as the basis of calculating the DROP payment. Upon
commencement of participation in the DROP, the member's contribution and the city
contribution to the retirement plan for that member shall cease as the member will be earning
no further service credit. The member shall not acquire additional pension credit for the
purposes of the pension plan but may continue city employment for up to a maximum of 48
months.
{2) Maximum participation. The maximum period of participation in the DROP, is 48
months. Once the maximum participation has been achieved, the participant must terminate
employment.
(2) Effective September 19, 2022, notwithstanding any provisions to the contrary in this
Ordinance, the maximum period of participation in the DROP shall be (84) months for all
members of the Plan. The backdrop option shall not replace the DROP program. All members
of the plan who attain normal retirement eligibility shall be eligible for the forward DROP as
amended, and any member of the plan who chooses not to enter the forward DROP shall be
eligible for the backdrop.
*„
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 upon its adoption and
signature of the Mayor.2
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
City of Miami File ID: 13392 (Revision: A) Printed On: 6/30/2025
APPROVED AS TO FORM AND CORRECTNESS:
ey 5/3/2023
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: 13392 (Revision: A) Printed On: 6/30/2025