HomeMy WebLinkAboutO-14332City of Miami
Ordinance 14332
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16661 Final Action Date: 11/21/2024
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' AND
SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY
BY AMENDING SECTION 40-241 OF THE CITY CODE, TITLED
"DEFINITIONS," TO DEFINE THE RULE OF 80 AND CLARIFY THE
APPLICABILITY OF CERTAIN PROVISIONS, AND SECTION 40-255 OF THE
CITY CODE, TITLED "BENEFITS," PURSUANT TO RESOLUTION NO. R-24-
0147 ADOPTED APRIL 25, 2024, TO INCLUDE A TWO -AND -A -HALF -
PERCENT AND THREE -PERCENT MULTIPLIER FOR THOSE HIRED ON OR
AFTER OCTOBER 1, 2010, BASED ON THE MIAMI GENERAL EMPLOYEES
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, LOCAL 1907 COLLECTIVE BARGAINING AGREEMENT FOR
OCTOBER 1,2023, THROUGH SEPTEMBER 30, 2026, AND TO UPDATE THE
CITY CODE TO COMPLY WITH EARLIER RATIFICATIONS OF COLLECTIVE
BARGAINING AGREEMENTS AND CITY CODE AMENDMENTS,
SPECIFICALLY RESOLUTION NO. R-11-0364, ADOPTED ON SEPTEMBER
15, 2011, RESOLUTION NO. R-24-0013, ADOPTED JANUARY 22, 2024;
ORDINANCE NO. 13203, ADOPTED SEPTEMBER 27, 2010; RESOLUTION
NO. R-22-0340, ADOPTED SEPTEMBER 13, 2022, AND RESOLUTION NO. R-
22-0423, ADOPTED OCTOBER 27, 2022; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. R-24-0147, adopted on April 25, 2024, 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, in effect for the period of October 1, 2023 through September 30, 2026;
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; and
WHEREAS, it is further necessary to amend Chapter 40/Article IV/Division 3 of the Code
of City of Miami, Florida, to reflect changes made in past Collective Bargaining Agreements,
specifically the American Federation of State, County, and Municipal Employees, Local 871,
2020-2023 Collective Bargaining Agreement, Resolution No. R-24-0013, adopted on January
22, 2024 and Resolution No. R-11-0364, adopted on September 15, 2011, which deleted the
City of Miami Page 1 of 6 File ID: 16661 (Revision:) Printed On: 8/8/2025
File ID: 16661 Enactment Number: 14332
below indicated exemptions for that union, the addition of definition of the Rule of 80, which was
created by Ordinance No. 13203, adopted on September 27, 2010, and including the availability
of both the FORWARD AND BACKDROP in order to reflect both options available to all pension
members, as approved by Resolution No. R-22-0340, adopted September 13, 2022, and
Resolution No. R-22-0423, adopted October 27, 2022, respectively, as well as ;
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 Code of the City of Miami, Florida, as
amended 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.
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:
(d) Effective October 1, 2018, for members who were hired prior to October 1, 2010
and retire on or after October 1, 2018, cxccpt mcmbcrs of AFSCME Council 79, Local 871,
average final compensation shall mean the highest one 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
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.
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File ID: 16661 Enactment Number: 14332
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 „f
AFSCME Council 79, Local 871, compensation shall include the retroactive five percent salary
increase for the member's highest one 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 60 with ten years of creditable service,
age 55 with 30 years of creditable, or rule of 80 retirement with ten years of creditable service
(when the sum of a member's age and length of creditable service equals at least 80).
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 55 with ten years of
creditable service or rule of 70 retirement. All members are 100 percent vested upon reaching
normal retirement age.
Rule of 80 shall mean a computation permitting normal retirement where the sum of the
member's age and length of creditable service is equal to at least 80, provided that the member
has completed ten years of creditable service.
Sec. 40-255. Benefits
*
(2) The service retirement benefit for persons retiring after October 1, 1998, shall be
equal to three percent 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 15
years of creditable service, two and one-fourth percent of the member's average final
compensation multiplied by the number of years of creditable service; for creditable service in
excess of 15 years but less than 20 years, two and one-half percent of the member's average
final compensation multiplied by the number of years of creditable service; and for creditable
service in excess of 20 years, two and three- fourths percent 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
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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:
b. Effective October 1, 2018, for all members hired before October 1, 2010 except
rnembers of AFSCME Council 79, Local 871, the service retirement benefit shall be equal to
three percent of the member's highest one 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).
c. Effective October 1, 2023, for members of AFSCME Local 1907 hired on and after
October 1, 2010, the service retirement benefit for creditable service shall be equal to: for the
first twenty (20) years of creditable service, two and one-half percent of the member's average
final compensation multiplied by the number of years of credible service; and three percent of
the member's average final compensation multiplied by the number of years of credible service
in excess of 20 years. 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).
(I) Deferred retirement option program. Effective September 19, 2022, the DROP of
the retirement plan shall be available for all members of the plan and shall consist of a
FORWARD DROP and a BACKDROP. Any member who has reached Normal retirement age
shall be eligible to participate in the DROP.
Effective upon-rrat Gf ica n o
T'Pfr tideLocal 1907-green eiRt r
T T�fOT� �
October 1, 2001 through September 30, 200/1, the DROP of the retirement plan shall be
Any general employee who has reached age 55 with ten years of creditable service, or who has
attaincd 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 84 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. Once the maximum participation has been achieved, the participant must
terminate employment. 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.
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File ID: 16661 Enactment Number: 14332
(14) BACKDROP option. A backdrop benefit option shall be implemented on January
1, 2013. The backdrop option shall replace the existing DROP program. Employees who have
not attained normal retirement eligibility as of January 1, 2013 or were not vested by October 1,
2010, and all employce ired on or er Ianuary 201 e-eligibl r-4# b" "" drop
option, but will not be eligible for the DROP. Anyone eligible for the forward DROP as of
January 1, 2013, remains eligible for the forward DROP as it presently exists and anyone
eligible fo�the fnn^,ard DROP � f Tani iar y 1 201 `Z� 3 o vessted pr�rio�to Oc ober 1 ,, 2`01 0,-rv�vho
chooses not to enter the forward DROP remains eligible for the backdrop. Members eligible for
the DROP and who choose not to enter the DROP remain eligible for the BACKDROP.
(n) Limitation on benefits. Effective September 30, 2010, for members who
retire or separate from employment on or after October 1, 2010, member retirement
allowances shall not exceed the lesser of 100 percent of the member's average final
compensation or an annual retirement allowance of $100,000.00 as of retirement or
DROP entry based on the normal form of benefit in effect on the date of retirement;
provided, in no event shall the benefit limitation provided in this subsection be less than
the lesser of 100 percent of the member's average final compensation or the member's
accrued benefit on September 30, 2010, based on the normal form of benefit in effect on
that date. Effective September 30, 2012, member retirement allowances shall not
exceed an annual retirement allowance of $80,000.00 as of retirement or DROP entry
based on the normal form of benefit in effect on the date of retirement; provided, any
employee who has an accrued benefit in excess of $80,000.00 annually on the effective
date shall retain that benefit, but shall not accrue any additional benefits after that date.
Except for members of AFSCME Council 79, Local 871 , eEffective on or after October 1,
2021, for members retiring or entering DROP from that date on, member retirement
allowance shall not exceed the lesser of 100 percent of the member's average final
compensation or an annual allowance of $120,000.00 as of retirement of DROP entry
based on the normal form of benefit in effect on the date of retirement for members
eligible to retire as of October 1, 2012. Except for members of AFSCME Council 79,
Local 871, effective October 1, 2022, for members retiring or entering DROP from that
date on, member retirement allowance shall not exceed the lesser of 100 percent of the
member's average final compensation or $100,000.00 as of retirement or DROP entry
based on the normal form of benefit in effect on the date of retirement for members who
were not eligible to retire as of October 1, 2012. However, any member who has an
accrued benefit in excess of these annual allowance caps shall retain that benefit but not
accrue any additional benefits after that date.
*„
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
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 5 of 6 File ID: 16661 (Revision:) Printed on: 8/8/2025
File ID: 16661 Enactment Number: 14332
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C1ty ttor -y 10/1/2024
City of Miami Page 6 of 6 File ID: 16661 (Revision:) Printed on: 8/8/2025