HomeMy WebLinkAboutLegislation FR/SRFile Number: 15-01010
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN
CITY/OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST",
TO INCLUDE CHANGES AS REQUIRED BY THE INTERNAL REVENUE SERVICE;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the Internal Revenue Service ("IRS") maintains a determination letter program
under which the IRS will review the form of a retirement plan and make a determination whether or not
the plan in form satisfies the applicable tax law requirements for a qualified plan; and
WHEREAS, as per IRS Revenue Procedure 2013-6, Section 2.03, the IRS will issue a
Cumulative List identifying changes affecting plan qualification requirements; and
WHEREAS, the IRS requires that the changes affecting plan qualification requirements that
are applicable to a particular pension plan be incorporated into the plan document that is submitted for
a determination letter; and
WHEREAS, to implement the changes as required by the Internal Revenue Service, it is
necessary to amend Chapter 40, Article IV, Division 2, of the Code of the City of Miami, Florida as
amended ("City Code");
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 Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 40 of the City Code, is amended in the following particulars:{ 11
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
City of Miami Purge I of 7 File Id. 15-01010 (Version: 1) Printed On: 8/28/2015
City ®f Miami
City Hall
3500 Pan American
Drive
t,a�agk Sia„ o j;
Legislation
Miami, FL 33133
www.miamigov.com
Ordinance
File Number: 15-01010
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN
CITY/OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST",
TO INCLUDE CHANGES AS REQUIRED BY THE INTERNAL REVENUE SERVICE;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the Internal Revenue Service ("IRS") maintains a determination letter program
under which the IRS will review the form of a retirement plan and make a determination whether or not
the plan in form satisfies the applicable tax law requirements for a qualified plan; and
WHEREAS, as per IRS Revenue Procedure 2013-6, Section 2.03, the IRS will issue a
Cumulative List identifying changes affecting plan qualification requirements; and
WHEREAS, the IRS requires that the changes affecting plan qualification requirements that
are applicable to a particular pension plan be incorporated into the plan document that is submitted for
a determination letter; and
WHEREAS, to implement the changes as required by the Internal Revenue Service, it is
necessary to amend Chapter 40, Article IV, Division 2, of the Code of the City of Miami, Florida as
amended ("City Code");
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 Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 40 of the City Code, is amended in the following particulars:{ 11
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND RETIREMENT PLAN
City of Miami Purge I of 7 File Id. 15-01010 (Version: 1) Printed On: 8/28/2015
File Number 15-01010
DIVISION 2 CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT PLAN
Sec. 40-191. 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 meanings:
Actuarial assumptions shall mean the benefit of equal value as determined using the RP 2000
Projected to 2020 Scale AA and an interest rate of 7.42% compounded annually.
Actuarial equivalent shall mean a benefit having the same present value as the benefit it replaces,
using the actuarial assumptions listed above.
Sec. 40-203, Benefits.
(c) Limitation on benefits.
(1) Effective October 1, 1998, member retirement allowances shall not exceed 100 percent of the
member's final average compensation for members retiring under service retirement or rule of
64 retirement, and effective October 1, 2009 for rule of 68 retirement with the following
exceptions:
a. Members whose retirement allowances, prior to October 1, 1998, who had already earned
100 percent or greater of the member's average final compensation shall continue to
accrue pension benefits as outlined under this section 40-203.
(f) Ordinary disability retirement.
(1)Any member in service who has ten or more years of creditable service but who is not eligible
for a service retirement allowance may, upon written application, be retired by the board on
an ordinary disability retirement allowance; provided, that after medical examination of such
applicant, the physician retained by the board shall certify that the member is mentally or
physically totally incapacitated for the further performance of duty (not as a result of an
accident in the actual performance of duty as defined in subsection (i) of this section, that
such incapacity is likely to be permanent, and that such member should be retired.
(g) Accidental or service -incurred disability retirement.
(5) a. Upon retirement for accidental disability or service -incurred disability, a member shall
receive a pension which shall be equal to 66_2/3 percent of his average final
compensation or 662/3 percent of his final compensation, whichever is greater.
b. For those members who retire effective on or after December 31, 1999, upon retirement
for accidental disability or service -incurred disability, a member shall receive a retirement
allowance payable for life which shall be equal to 66_2/3 percent of the member's
City of Miami Page 2 of 7 File Id: 15-01010 (Version: 1) Printed On: 8/28/2015
File Number.• 15-01010
average final compensation or 66_2/3 percent of the member's final compensation,
whichever is greater, except that in the event a member dies before such allowance has
been received for a period of ten years, the member's beneficiary or beneficiaries shall
be paid the same allowance for the remainder of the ten-year period.
(h) Ordinary death benefit.
(1) Upon receipt by the board of proper proofs of the death of a member in service who has three
or more years of creditable service, which death is not the result of an accident in the actual
performance of duty as defined in subsection (i) of this section, there shall be paid to such
person, if any, as the member shall have nominated by written designation duly executed and
filed with the board, otherwise to the member's legal representative, a benefit equal to a
lump -sum payment of 50 percent of the earnable compensation received by the member
during the year immediately preceding the member's death.
(5) Notwithstanding the foregoing, any pre -retirement death benefit payable under this
section shall be "incidental" in compliance with Treasurer Regulations section 1.4011(b)(1).
(6) In the case of a death occurring on or after January 1, 2007, if a member dies while
performinq qualified military service (as defined in Code Section 414 U), the survivors of the
member are entitled to any additional benefits (other than benefit accruals relating to the period
of qualified military service) provided under the Plan as if the member had resumed and then
terminated employment on account of death.
(i) Accidental death benefit.
Notwithstanding the foregoing, any pre -retirement death benefit payable under this section
shall be "incidental" in compliance with Treasury Regulations section 1.401-1 (b)(1).
(p) Deferred retirement option program.
(6) The board of trustees shall establish, by administrative rule, a series of investment vehicles
which may be chosen by DROP participants. Any losses, charges, or expenses incurred by
the participant in the participant's DROP account by virtue of the option selected by the
participant or otherwise, shall not be made up by the city City of Miami or the pension trust,
but all of same shall be borne by the participant.
City of Miami Page 3 of 7 File Irl: 15-01010 (►version: 1) Printed On: 812812015
File Number, 15-01010
(q) Modified deferred retirement option program.
(11) Agreement binding. Any employee who enters into a DROP agreement shall be bound by the
terms and conditions of that said agreement, except that firefighters who are members of the
48 -month DROP as of the date of the ratification of the IAFF labor agreement effective
October 1, 2001 through September 30, 2004 may extend their existing DROP agreements to
a maximum of 54 months. Any employee who enters into a DROP agreement shall be bound
by the terms and conditions of said agreement, except that police officers who are members
of the 48 -month DROP as of the date of the ratification of the Memorandum of Understanding
of duly1 May 8, 2008 amending Article 43 39 of the 2007-2010 collective bargaining
agreement with the fA€F FOP, may extend their existing DROP agreements to a maximum of
54 84 months. Any member who elects to be a DROP participant in the future shall be bound
by the specific terms of the participant's DROP agreement entered into at that time.
(12) Forward DROP. The date of entry into the Forward DROP shall be the beginning of a pay
period. Payment shall be made by the retirement system into the participant's DROP account
in an amount equal to the regular monthly retirement benefit which the participant would have
received had the participant separated from service and commenced the receipt of benefits
from the system. The amount of the monthly benefit shall be determined based on the
creditable service, average final compensation, and retirement option selected in accordance
with subsection 40-203(m). Upon conclusion of a period of participation in the DROP not to
exceed the maximum set forth in subsection (2), the participant shall terminate employment
with the city.
Election of a Forward DROP program precludes participation in a BACDROP program.
(13) BACDROP. An I.A.F.F. bargaining unit member may elect to BACDROP to ae a date
(retirement date) no further back than the date of the member's retirement eligibility date. The
BACDROP period must be in 12 -month increments, beginning at the start of a pay period, not
to exceed 36 months. Effective upon the ratification of the Memorandum of Understanding of
July 11, 2008 amending Article 43 of the 2007-2010 collective bargaining agreement with the
IAFF the maximum participation in the Forward DROP for firefighters shall be 54 full months.
Effective upon the ratification of the Memorandum of Understanding of May 8, 2008
amending Article 39 of the 2007-2010 collective bargaining agreement with the FOP, the
maximum participation in the Forward DROP for police officers shall be 84 full months. Upon
ratification of the 2004-2005 F.O.P, labor agreement, an F.O.P. bargaining unit member may
elect to BACDROP to a date (retirement date) no further back than the date of the member's
retirement eligibility date, provided that the BACDROP period must be in 12 -month
increments, beginning at the start of a pay period, not to exceed a total of 12 months.
Participation in the BACDROP does not preclude participation in the Forward DROP program.
Compliance with Internal Revenue Code Sections 414(k) and 4140). To the extent required
under the Internal Revenue Code, the DROP under the retirement system shall be treated as
a defined contribution plan to the extent that the member's benefits under the retirement
system are based on the member's DROP account. The amount of "annual additions" (as
such term is defined in Section 415(c)(2) of the Internal Revenue Code and Treasury
City of Miami Page 4 of 7 File Id: 15-01010 (Version; 1) Printed On: 8/28/2015
File Number: 15-01010
Regulations 1.415(c) -1(b)) which may be allocated under the DROP to a member's DROP
account for a "limitation year" may not exceed the maximum permissible amount under
Section 415(c)(1) of the Internal Revenue Code and TreasurRegulations.1.415(c)-1(a)(1)
(the "Annual Maximum Amount"), For purposes hereof, the term "limitation year" means the
twelve-month period beginning on October 1. In addition, for purposes of determining a
member's Annual Maximum Amount the member's compensation shall be determined in
compliance with Treasury Regulations 1.415(c)-2.
Sec. 40-210. General conditions.
(a) It is intended that the City of Miami firefighters' and police officers' retirement trust be and
remain tax qualified pursuant to the Internal Revenue Code of -1-9-54 1986, as amended. The
provisions of this division shall be interpreted in accordance with such intent.
Sec. 40-211. Limitation on compensation.
Compensation in excess of limitations set forth in section 401(a)(17) of the Internal Revenue
Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not
be less than the amount which was allowed to be taken into account hereunder as in effect on
July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year
beginning on or after January 1, 1996.
(b) It is the intention of the city and of the board that the Plan remain at all times a qualified Plan,
as that term is defined under the Internal Revenue Code.
Lcj No member's annual benefit may exceed the amounts permitted under Section 415 of the
Internal Revenue Code as amended, including cost of living adjustments under section 415(d).
�d , In no event may a member's retirement benefit be delayed beyond the later of April 1st
following the calendar year in which the member attains age 70 1/2, or April 1st of the year
following the calendar year which the member retires.
-t withstanding any other provision of this Plan to the contrary, a form of retirement income payable
from this Plan, shall satisfy the following conditions:
If the retirement income is payable before the member's death:
a. It shall either be distributed or commence to the member not Later than April
1 of the calendar year following the later of the calendar year in which the
member attains age 70 1/2, or the calendar year in which member retires;
b. The distribution shall commence no later than the calendar year defined
above; and (a) shall be paid over the life of the member or over the lifetimes
of the member and spouse, issue or dependent, or (b) shall be paid over the
period extending not beyond the life expectancy of the member and spouse,
issue or dependent.
Where a form of retirement income payment has commenced in accordance with the
preceding paragraphs and the member dies before his entire interest in the Plan has
City of Miami Page Sof 7 File Id: 15-01010 (version: 1) Printed On: 8/28/2015
File Number: 15-01010
been distributed, the remaining_ portion of such interest in the Plan shall be distributed
no less rapidly than under the form of distribution in effect at the time of the member's
death.
If the member's death occurs before the distribution of his interest in the Plan has
commenced member's entire interest in the Plan shall be distributed within five
years of member's death, unless it is to be distributed in accordance with the
followinq rules:
a. The member's remaining interest in the Plan is payable to his spouse, issue
or dependent; and
b. The remaining interest is to be distributed over the life of the spouse, issue
or dependent or over a period not extending beyond the life expectancy of
the spouse, issue or dependent: and
c. Such distribution begins within one year of the member's death unless the
member's spouse is the sole designated beneficiary, in which case, the
distribution need not begin before the date on which the member would have
attained age 70 % and if the member's spouse dies before the distribution to
the spouse begins, this section shall be applied as if the spouse were the
member.
(e) Notwithstanding any provision of this plan to the contrary, effective December 12, 1994,_
contributions, benefits and service credit with respect to qualified military service will be
provided in accordance with Section 414(u) of the Internal Revenue Code of 1986, as
amended, USERRA or Chapters 175 and 185, Florida Statutes, as applicable.
Differential Wage Payments. For years beginning after December 31, 2008 (i) an individual
receiving a differential wage payment, as defined in Section 3401(h)(2') of the Internal Revenue
Code, shall be treated as an employee of the employer making the payment, (ii) the differential
wage payment shall be treated as compensation, and (iii) the Plan shall not be treated as
failing to meet the requirements of any provision described in Section 414(u)(1 )(C) of the
Internal Revenue Code by reason of any contribution or benefit which is based on the
differential wage payment.
No pension provided hereunder shall be assignable or subject part of the corpus or income of
the fund be used for, or diverted to, purposes other than for the exclusive benefit of members
and their beneficiaries and until those liabilities are satisfied, all city contributions will remain in
the fund for the benefit of the members or beneficiaries in the event the plan is terminated or
city contributions cease.
Upon the termination of the plan or on the complete discontinuance of contributions under the
plan, each member shall have nonforfeitable, 100% vested rights to benefit accrued to date of
the termination or discontinuance to the extent funded at that time.
Qi) The city shall solely for the purpose of compliance with Sections 125, 457, and 414(h) of the
Internal Revenue Code, pick up the members' contributions. The member contributions so
picked up shall be designated as employer contributions in determining tax treatment under the
Internal Revenue Code. No member shall have the option of choosing to receive the
contributed amounts directly instead of havingthem .hem paid by the city to the plan.
Sec. 40-212. Direct transfers of eligible rollover distributions,
City of Miami Page 6 of 7 File Id: 15-01010 (Version: 1) Printed On: 8/28/2015
File Number.' 15-01010
(b) The plan may allow a public safety officer to elect a tax free distribution of up to $3,000
annuallydiy_ to a retiree medical plan or long term care insurance on a pre-tax basis, so
long as the public safety officer separates from service either at the plan's normal retirement
age or due to his or her disability. Insurance premiums may be paid for the public safety officer,
his spouse or his dependents, but once he is deceased, the benefit ceases and may not be
used by his spouse or beneficiaries to pay for their insurance premiums. Insurance premium
payments may only be made directly to the insurance company. "Public Safety officers" include
law enforcement officers, firefighters, chaplains, rescue crew members or ambulance crew
members.
(c) Definitions.
Direct rollover means a payment by the plan to the eligible retirement plan specified by the
distributee. Effective as of January 1, 2010, a non -spouse Beneficiary may make a direct
rollover only to an "inherited" individual retirement account as described in Section 408(b) of
the Internal Revenue Code. If a non -spouse Beneficiary receives a distribution from the Plan,
the distribution is not eligible for a 60 -day (non -direct) rollover,
Distributee includes an employee or former employee. In addition, the employee's or former
employee's surviving spouse is a distributee with regard to the interest of the spouse.
Effective as of January 1, 2010, as an Employee's or former Employee's non -spouse
beneficiary is a distributee with regard to the interest of the Employee or former Employ
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)
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITYATTORNEY
Footnotes:
(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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) calendar 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 7 of 7 File Id. 15-01010 (Version; 1) Printed On: 812812015