HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney 7b for
DATE: May 3, 2023
RE: Ordinance No. 14161 — Amend Code - Chapter 40 — 7-year Deferred
Retirement Option Program
File No. 13392
At its April 12, 2023, meeting, the City Commission adopted the above referenced
agenda item, SR.1, amending, pursuant to Resolution No. R-22-0340, adopted on September 13,
2022, and Resolution No. R-22-0423, adopted on October 27, 2022, Chapter 40/Article
IV/Division 3 of the Code of the City of Miami, Florida, 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. The item inadvertently published with a typographical error.
The Legislation has been corrected and incremented to Revision A.
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Enclosure(s)
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City of Miami
Ordinance 14161
Legislation
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 fdllovil ig
particulars:1 (-,m a
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"CHAPTER 40 oz i ,ri C D
PERSONNEL•Lt_
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1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shell b .
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate nitteci and
unchanged material.
City of Miami Page 1 of 3 File ID: 13392 (Revision: A) Printed On: 5/3/2023
File ID: 13392 Enactment Number: 14161
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) 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. Allier ers
of the plan who attain normal retirement eligibility shall be eligible for the forward DROP f;
amended, and any member of the plan who chooses not to enter the forward DRORhaIEte ,j
eligible for the backdrop. i1
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*
*
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word oahis—
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 2 of 3 File ID: 13392 (Revision: A) Printed on: 5/3/2023
File ID: 13392
Enactment Number: 14161
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
dl5 ez, Citty ttor ey 5/3/2023
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: 13392 (Revision: A) Printed on: 5/3/2023
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13392 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT
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
"PERSONNEUPENSION 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.
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?olloig
particulars:' ("m
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P1
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11-1
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"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:) Printed On: 4/5/2023
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.
employe
(3) 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 remembers
of the plan who attain normal retirement eligibility shall be eligible for the forward DRO' a
amended, and any member of the plan who chooses not to enter the forward DROP4aII
eligible for the backdrop. rn
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of iNs —
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:) Printed On: 4/5/2023
APPROVED AS TO FORM AND CORRECTNESS:
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:) Printed On: 4/5/2023