HomeMy WebLinkAboutO-08364ORDINANCE NO...._$ 64_
AN ORDINANCE AMENDING CERTAIN SUB -SECTIONS OF
TE2 MIAMI CITY EMPLOYEES i RETIREMENT 8YsTEM
(ORDINANCE No. 22300 D;CP.MBER 6r 1090 AS AMENDED);
AE APPEARING IN OOODEIO TTiiE CITY' OF MIAMI, OF
CHAPTER 2or THE C PLORIDA,.
1957► AS AMENDED, MORE PARTICULARLY, REPEALING
SECTION 2-90 ENTITLED ADMINISTRATION, AND SUBSTI-
TUTING THEREFOR A NEW SECTION 2-90 ENTITLED ADMIN-
ISTRATION, THEREBY ESTABLISHING THE RETIREMENT BOARD
OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM AND
PROVIDING FOR THE COMPOSITION THEREOF; PROVIDING
FURTHER FOR THE MEETINGS OF SAID BOARD AND THE . PRO-
CEDURE FOR ELECTION OF MEMBERS PROVIDING FURTHER
FOR QUALIFICATIONS FOR MEMBERSHIP ON SAID BOARD
AND THE PROCEDURE FOR FILLING VACANCIES, IF ANY;
PROVIDING FURTHER THAT MEMBERS OF THE BOARD SHALL
SERVE WITHOUT COMPENSATION AND SHALL TAKE AN OATH
OF. OFFICE; PROVIDING FURTHER FOR RULES. AND REGULA-
TIONS BY WHICH THE. BOARD IS TO BE GOVERNED; PROVID-
ING FURTHER FOR THE SELECTION OF A VICE-CHAIRMAN AND
SECRETARY FOR TI-IE BOARD; PROVIDING FURTHER THAT THE
BOARD SHALL KEEP INFORMATION AND DATA; PROVIDING
FURTHER THAT THE BOARD SHALL KEEP ITS MINUTES OPEN
FOR PUBLIC INSPECTION; PROVIDING FURTHER FOR THE SUB-
MISSION OF ANNUAL REPORTS TO. THE CITY COMMISSION OF
THE CITY OF MIAMI; PROVIDING FURTHER FOR THE DESIG-
NATION OF AN ACTUARY FOR THE BOARD; PROVIDING FURTHER
FOR THE SELECTION OF A PHYSICIAN TO ASSIST THE BOARD
IN THE PERFORMANCE OF ITS DUTIES AND PROVIDING. FOR
THE PROCEDURE TO BE FOLLOWED BY SAID PHYSICIAN WHEN
REQUESTED TO ASSIST THE BOARD; PROVIDING FURTHER FOR
AN. ACTUARIAL VALUATION. BY THE:. ACTUARY; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN, CONFLICT,
INSOFAR AS THEY ARE IN CONFLICT; CONTAINING° A SEVER -
ABILITY PROVISION; DECLARING, THIS ORDINANCE TO BE AN.
EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENTS OF
READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF. NOT
LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
WHEREAS, the Miami City Employees' Retirement System
(Ordinance No. 2230, December 6, 1939, as amended) was not'
included as a portion of the new Code of the City of Miami,
Florida, effective September 1, 1967, as adopted by Ordinance
No. 7585 (July 25, 1967),• and
WHEREAS, said System now exists in the codified form
as it appears in Chapter 2 of the Code of the City _ of Miami,,
Fiotida, 1951, as aCiiehded, ih addition, to basic: ordihande
•fofM; and
NBEIASAS, afiy addiLibh df aMehdthett to said Ey§teM ddh
thus be Made by fefefehee to the section desighatiohs as
they appear ih "said, Chapter 2. of the Code Of the City of
Miami, Florida,
as . amended ; and
Wi1ERSAS, the City of Miami has entered into agreetents
with the International Association of Firefighters, AIL -CIO,
Local No. 587 and the Fraternal Order of Police; and
WIiEREAS, the subject agreements provide for changes to
be made With regard to the administration of the Retirement
System;, and
WHEREAS, it is the desire of the City of Miami City
Commission to implement the provisions of the subject agree-
ments;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIArMI, FLORIDA:
Section 1. The Miami City Employees' Retirement System
(Ordinance Nc. 2230, December 6,.1939, as amended) as said
Ordinance, as amended, appears in codified form, as part of
Chapter 2 of the Code of the City of Miami, Florida, as
amended, is hereby amended by repealing Section 2-90 entitled
Administration and substituting therefor a new Section 2-90
entitled Administration, which shall provide as follows
Sec. 2-90. Administration.
(1) The general administration and responsibility .for
the operation of the Retirement System shall be
vested in a Board consisting of Nine (9) persons
as follows; Two (2) Fire Fighters, two (2) Police
Officers, four (4) members selected by the city
Manager to represent the City Administration, and
one (1) City' Commissioner appointed by the City
Commission by a minimum four -fifths (4/5) vote,
The City Manager and Director of Finance. Shall
not be eligible to serve as members of the Board,
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the eity dothalistiohet appitited in addordadde
With the pe6Vitioht hetit htained May be
removed by a majotlq Vote of the City dodmis-
eioh arid thali have ohly fof Sikh titah he
tettaifi adity doltftittiOnee, The city doftit-
hioher ho appoihted dhall tetVe as chairman
of the board and shalt Vote only ih ehe event
of a tie Vote.
•
(2) The fit meeting of the board created herein
shall take plade Within 30 days froM the date
providing Eot the election of meftlbers to said
board at heteinafter provided,
(3) Employee representatives shall be elected fat
a tern of two (2) years by employees of their
respective departments. The fitst election shall
be held within forty-five (45) days from the
effective date of the ordinance creating the
Retirement 8oard of the Miami City Employees'
Retirement system wherein onc (1) Police rep-
resentative and one (1) Fire representative
shall be elected for a term ending on December 31,
1976. The Police and Fire representatives cur-
rently serving on the Retirement Board of the
Retirement System and Plan shall be members
of the board herein created until December 31,
1975. Elections shall take place between
December lst and December l5th of each year
wherein one (1) Police representative and one (1)
Fire representative shall be elected for a term
of two (2) years commencing January 1st and
terminating two (2) years thereafter on December 31st.
(4)
(5)
Qualifications for candidates and arrangements
for secret ballot elections shall be promul-
gated by the representative Police and Fire
organizations.
If a vacancy occurs in the office of an elec-
ted member, the vacancy shall be filled far the
unexpired term in the same manner and in accord-
ance with the same provisions for election
of members to the board.
(6) The board members shall serve without compen-
sation.
(7) Each member shall take an oath of office within
ten (10) days after his appointment or elec-
tion.
(8) Each member of the board shall be entitled to
one (1) vote. Five (5) concurring votes shall
be necessary for a decision by the members of
the board and five (5) members shall constitute
a quorum of the board.
() Subject to the limitations herein contained,
the board may from time to time establish such
rules and regulations as may be necessary for
the efficient administration of the system,
3
(1 )
The boa d shall seledt a =Bide=chair tan fttjM its
mambattlii i and appoint a seCtetafy Whi stay
of Jwy not be a McMbet of the board.
(1l) The board shall keep in dons ehlettt Eii fl suds data
as .shall be necessary far evaluation of
the ttad` Us funds of the anti retient SyateM and fof
checking the epetiehde of the Retire'dent Systeti.
(12) The board shall keep a record of all of its fit:
d`edi rigs Which shall be open to `Jublic inspection.
The _.minutes' of the Retirement Boardshallre€lest
a co,tp ete and Comprehensive account of the di s=
i.
c ussions and £�dtions taken by the Retiremen Board.
(11) The board shall submit to ;the City Commission annu-
ally a report showing the fiscal transactions of the
Retirement System for the year ending on the pre-
ceding tece:nber 313t, the amount of the accumulated
cash and securities of the system andthe last
balance sheet showing the financial condition of the
system by means of actuarial val•oation of the assets
and liabilities of the system. Said information
and, reportsshall be submitted to the City Commission
no later than July 1st of each year, commencing in 1978,
(14) The board shall designate and select an actuary
who shall be the technical advisor to the board in
matters regarding the operation of the funds created
by the provisions of this ordinance, and shall per-
form such other duties as are required in connection
therewith. The actuary shall be directly respon-
sible to the board. The contract providing forem-
ployment of the actuary shall be subject to the
approval of the City Commission and shall provide
that the actuary may be removed by a majority vote
of the Retirement Board.
(15) The Retirement Board shall designate one (1) phy-
sician who shall assist the board in the performance
of its duties. Each applicant for, disability re-
tirement shall be referred to said physician for
examination, evaluation and report. Such physician
shall be authorized to refer the applicant to a special-
ist, or specialists, at his discretion from a list
approved by the board. Said specialist or special-
ists shall report their findings and conclusions
to the physician in writing. Said physician shall
arrange for and pass upon all medical examinations
required under the provisions of this section and,
after taking into consideration the reports of the
specialists, if any, shall report his conclusions
and recommendations to the board in writing.
(16) At least one (1) in each three (3) year period the
board shall cause an actuarial investigation to be
made into the mortality, service and compensation
experience of the members and beneficiaries of the
Retirement System and taking into account the result
of such investigation the board shall adopt for the
Retirement System such mPrtal ty, service and other
tables as shall be deemed necessary and shall racom-
mend for adoption the .necessary rates of oonri.:autiont
(17) on the basis of such tables the actuary shall malile
annual adtuafial Vaivatibh of the assets and iia"
Militias Of the fiinds of the ttetirement Sjisteftlt
Section 2. All atdirantes, code sections be parts
thereof in Conflict hef•eWith,
are hereby repealed'.
Section 3• If any section, sentence,
nsofat as they ate ih donfiict,
clause, phrase, oi.
word of this ordinance is for any reason held or declared to
be unconstitutional, inoperative or Void such holding or in-
validity shall not affect the remaining portions of this ordi-
nance; and it shall be construed to have been the intent of.
the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid or inoperative part
therein; and the remainder of this ordinance after the ex-
clusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
Section 4. This ordinance is hereby declared to be
anemergency measure on the ground of urgent public need for
the preservation of peace, health, safety and property in
the City of Miami.,
Section 5. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of
not less than four -fifths (4/5) of the members of the Com-
mission.
PASSED AND ADOPTED BY TITLE ONLY this 12 day of
FEBRUARY
H D, SOUTHERN
city Cleirk
, 1975
MAURI CE A, FERRE
MAYOR
P 2EdAREb AND APPROVES :
Ronald A. Silver
Assistant City Attorney
APP tVEb-AS TO PO M b. CORRECTNESS
fr
Join S . i oyd
City Attorney