HomeMy WebLinkAboutO-13874File Number: 5435
City of Miami
Legislation
Ordinance: 13874
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/21/2019
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, TITLED "PERSONNEL/PENSION AND RETIREMENT
PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-
203, TITLED "BENEFITS", TO REFLECT THE CHANGES MADE IN THE
CURRENT COLLECTIVE BARGAINING AGREEMENTS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
SPONSOR(S): Commissioner Keon Hardemon
WHEREAS, pursuant to Resolution No. 18-0438 adopted on October 11, 2018, the City
Commission approved a Collective Bargaining Agreement between the City of Miami ("City")
and the employee organization known as the International Association of Firefighters, AFL-CIO,
Local 587, which modified certain benefits of the collective bargaining unit; and
WHEREAS, pursuant to Resolution No. 18-0488 adopted on October 25, 2018, the City
Commission approved a Collective Bargaining Agreement between the City and the employee
organization known as the Fraternal Order of Police, Walter E. Headley, Jr., Miami Lodge No.
20 for the period from October 1, 2018 through September 30, 2021, which modified certain
benefits of the collective bargaining unit; and
WHEREAS, it is necessary to amend Chapter 40, Article IV, Division 2 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
' 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 Page 1 of 11 File ID: 5435 (Revision: A) Printed On: 12/19/2019
File ID: 5435 Enactment Number: 13874
ARTICLE IV. PENSION AND RETIREMENT PLAN
DIVISION 2. CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT PLAN
Sec. 40-203. Benefits.
(a) Service retirement.
(1) Any member in service who has ten or more years of creditable service may elect to
retire upon the attainment of normal retirement age. Such election shall be made
upon written application to the board, setting forth not less than ten nor more than 90
days subsequent to the execution and filing thereof, the date the member desires to
be retired.
(2) NIGHagaf��embers- PIG)yedRQeptember 30, 2010�--^was-erthat
datea h.ave attaiRed age 5-0- �.vith teep er mere years; A -f Grtadit;able SeFViGe, GF eligibility
r11149 of 64 r49+ir49m49n+ fnr nnliGe nffiGeF m49mh49rc nr eligibility fnr r11149 of 6-R r49+ir49m49n+
,
fnr firefighter memhcsrC Chv!l be 50 years ef age with ted nr mnr49 years of GFPdi+49h149
GeFVin49, C. nr r11149 of r49+ir49m49n+ fnr nnliGe nffiGeF m49mh49rc, r1nr 1149 of G2Q r49+ir49m49n+ fnr
/1
firefighter m49mh49r1; 4 m49mh49r whn nnn+inl "" L\j 49mnleyee after attaining nnrm49l
ret+remept-ageshallT,;mcin c m49mh49r nihile aR eFnPIGy4949 49nr1 rll lrinn 611nh PeF09
shall nar+inipate in the r49+ir49m49n+ Gy em In cll r9cn49n+c R49+ir49m49n+ shall h49
semPHTsery a6n�ne ers Op ser��tFor police officer members, normal
retirement aae for members emploved on September 26, 2010 who as of that date
had attained ten (10) or more vears of creditable service shall be rule of 64 retirement
or aae fiftv (50) with ten (10) vears of Creditable Service includina Members who
retired or entered DROP on or after September 26, 2010. For firefiahter members,
normal retirement aae for members emploved on September 26, 2010 who as of that
date had attained ten (10) or more vears of creditable service shall be rule of 68
retirement or aae fifty (50) with ten (10) vears of Creditable Service includina
Members who retired or entered DROP on or after September 26, 2010. Members
may continue in service after attainina normal retirement aae and participate in all
aspects of the retirement system.
(3)
that date have F13t attain..
of 64 r49+iFemeFlt f49r peke 49ffiGeF m49mh49rc, rl49r Full of 69 r49+ir49m49+ feF fiFefigh+49r
,members, and Fnembei:s-hiFedeR eFafteF QGtebe 1,201J, 3haII be Fule
FetmFeFneRt with a minimum age of 50 aRmteReF Fnere ye " s Gf GFeditable SeF i�
The normal retirement aae for members emploved on September 26, 2010, who as of
that date had not attained ten (10) or more vears of creditable service, and members
hired on or after September 26, 2010, shall be rule of 70 retirement as defined in
subsection (b)(4) with a minimum aae of fiftv (50) and ten (10) or more vears of
creditable service.
City of Miami Page 2 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
File ID: 5435
Enactment Number: 13874
(4) Notwithstanding any other provision of this retirement system, any participant who is
employed and not participating in the DROP on September 30, 2010, may elect to
receive his/her accrued benefit as of that date, determined in accordance with the
provisions of the system in effect on September 29, 2010, and payable on the date and
in the manner provided by the provisions of the system in effect on September 29, 2010.
Such participants who elect to receive their accrued benefit as of September 30, 2010,
at a date prior to the normal retirement age provided in subsection (3), shall be eligible to
receive that portion of their retirement allowance based on creditable service on or after
October 1, 2010, on the date and in the manner provided by the provisions of the system
in effect on the earlier of retirement or separation from service. Any participant who is
employed and not participating in the DROP on September 30, 2010 shall be eligible to
elect the DROP for benefits accrued prior to that date, in accordance with the provisions
of the system in effect on September 29, 2010.
(5) A member exercising service retirement on or after October 4, 1991, and before
January 9, 1994, shall be entitled to receive a retirement allowance equal to 2.75
percent of the member's average final compensation multiplied by years of creditable
service, which amount shall be paid yearly in monthly installments. A member
exercising service retirement on or after January 9, 1994 shall be entitled to receive a
retirement allowance equal to 2.75 percent of the member's average final
compensation multiplied by years of creditable service for the first 15 years of such
creditable service. Such member shall also be entitled to receive a retirement
allowance equal to three percent of member's final average compensation multiplied
by the years of creditable service in excess of 15 years.
A police officer member exercising service retirement on or after May 28, 1995, shall
be entitled to receive a retirement allowance equal to 2.75 percent of the member's
average final compensation multiplied by years of creditable service for the first 15
years of such creditable service. Such member shall also be entitled to receive a
retirement allowance equal to three percent of member's final average compensation
multiplied by the years of creditable service in the excess of 15 years, which amount
shall be paid yearly in monthly installments.
A firefighter member exercising service retirement on or after May 28, 1995, shall be
entitled to receive a retirement allowance equal to three percent of the member's
average final compensation multiplied by years of creditable service, which amount
shall be paid yearly in monthly installments.
(6) Effective October 1, 1998, a member exercising service retirement on or after October
1, 1998 and before October 1, 2010, and members who attained ten (10) or more
vears of creditable service as of September 26, 2010. shall be entitled to receive a
retirement allowance equal to three percent of the member's average final
compensation multiplied by years of creditable service for the first 15 years of such
creditable service. Such member shall also be entitled to receive a retirement
allowance equal to three and one-half percent of member's final average
compensation multiplied by the years of creditable service in excess of 15 years,
which amount shall be paid yearly in monthly installments.
(7) Notwithstanding any other provision of this subsection_
a. Effective October 1, 2015 for members of the IAFF bargaining unit who
exercise any retirement on or after that date, and effective October 1, 2018 for
City of Miami Page 3 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
File ID: 5435
Enactment Number: 13874
members of the FOP bargaining unit and all members not included in any bargaining
unit, such members shall be entitled to receive a retirement allowance equal to three
percent of the member's average final compensation multiplied by years of creditable
service for the first 15 years of such creditable service, and three and one-half
percent of the member's final average compensation multiplied by the years of
creditable service in excess of 15 years, which amount shall be paid yearly in monthly
installments.
b.,),effestiveSeptember 30, 2010, a member exe�s�se��eTet+re�e+�t��
el: after C-Drteber- , 2010 chclI bho on4ifled- 4n reGeive a ro4iremon4 allewaRGe eq i�l 4n
the nerneRtane nreyidei l in percgranh (5) fnr nredTtablea-: ei"ivrGe pFiGr to Or-�tte-beer
2010 and throe nernent of the momhor'c a"erane final nnmpensativn multiplied -by
years -OfDred+tah-le-$e ryi^evc fel: $er,,ine nn enrl of _QF QGtGber 1, 201 n,-rv--w iGhr
amount chcll he paid yearly in mnnthl, installments Members emoloved on
September 26, 2010 who as of that date had not attained ten (10) or more vears of
Creditable Service, other than members identified in paragraph a. above, shall be
entitled to receive a Retirement Allowance equal to the percentage provided in
paragraph (5) for Creditable Service prior to September 26, 2010, and three percent
(3%) of the Member's average final compensation multiplied by nears of Creditable
Service for Creditable Service on or after October 1, 2010, which shall be paid vearlv
in monthlv installments.
(8) A member eligible for service retirement may choose any one of the optional
allowances available to him or her on the date of retirement, as provided in
subsection (m).
(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 section 40-203.
b. Members whose retirement allowance exceeds 100 percent of their average final
compensation as of October 1, 1998, due to the multiplier change, shall be
capped at the new percentage.
(2) Effective June 12, 2007, firefighter member, including, but not limited to, I.A.F.F.
bargaining unit member, retirement allowances shall not exceed 100 percent of the
member's final average compensation for firefighter members and I.A.F.F. bargaining
unit members retiring under service retirement, rule of 64 retirement or rule of 68
retirement.
(3) EffeEtive-September 302010, nembe:s=eTetiFe-eFtarminata empleymert with
tepeF FneFe yeaKs-Gf GFeditable seFViGe eR eF after QGtebeF 1, 20100nember
retirervme Rt allewa,, Gyc :hcll n„t eVneed the lesser of 100 perneRt of the Member's
City of Miami Page 4 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
File ID: 5435
Enactment Number: 13874
)epsatinn er an anni i;l retirement a"Gn. ianr+e of $!()(),()() !
D entFy nn Oho normal fnrm of benefit in effer+t nn
id in nn eVent ch;ll the benefit IiMitQtiGR PFGVide4 in thic
c then the leccer of 1 nn nerr+ent of the mem hAr'c elier
'- '---'--�---f- --_.-J 1--.--I:1 -- -r n -- nn nnAn
290 2010, rl r- r+
enbasenn the normal fnrm of benefit in effe+ cn the dattaMembers
who as of September 26, 2010 had not attained ten (10) or more vears of creditable
service and members hired on or after October 1, 2010 shall have a maximum
retirement benefit which shall not exceed the lesser of $100,000.00 or 100% of final
average compensation. In no event shall the benefits of members hired before
September 26, 2010 be less than the benefits earned and accrued as of September
26, 2010, as determined in accordance with the benefits as thev existed prior to
September 26, 2010.
(m) Optional allowances.
(1) Effective October 1, 2010, for members who retire or terminate employment with ten
or more years of creditable service on or after that date, the normal form of benefit
shall be a benefit payable for the lifetime of the member, and in the event the member
dies within ten years following retirement, the same monthly benefit shall be paid to
the member's designated beneficiary or beneficiaries for the remaining balance of
such ten year period. Any member may elect to receive in lieu of the retirement
allowance otherwise payable to him or her, the actuarial equivalent at that time of his
or her retirement allowance in a reduced retirement allowance payable as follows;
provided, that no election of an optional allowance shall be effective in case a
beneficiary dies within ten days after the election of an option as provided in this
section, and further provided that such a beneficiary shall be considered as a
member in service at the time of death, until the first payment on account of any
benefit becomes normally due:
Option 1: If the member dies before receiving in payment of the member's retirement
allowance, the value of his or her accumulated contributions at the time of retirement,
the balance 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; or
Option 2: Upon the member's death, his or her reduced retirement allowance shall be
continued through the life of, and paid to, such person as the member shall have
nominated by written designation duly executed and filed with the board at the time of
retirement; or
Option 3: Upon the member's death, one-half of his or her reduced retirement
allowance shall be continued throughout the life of, and paid to such person as the
member shall have nominated by written designation duly executed and filed with the
board at the time of retirement; or
Option 4: Upon the member's death, some other benefit shall be payable; provided,
that the total value of the allowance during the member's life and the succeeding
City of Miami Page 5 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
File ID: 5435
Enactment Number: 13874
benefit shall be computed to be of equivalent actuarial value to the allowance which he
or she would receive without optional modification; and provided, that the benefit shall
be approved by the board; or
Option 5: If, as a result of an accidental injury incurred in the line of duty, the member
shall have been so seriously injured that he or she is unable to execute and file a
designation of an optional allowance, the board may, with the consent of the principal
beneficiary, designate an option, and if such condition shall have delayed the
application for retirement and the selection of an option, the board may waive the
requirement as to the member's life for ten days after retirement date, and may declare
such optional allowance irrevocably effective immediately upon the member's
retirement; or
Option 6: Any member upon service, early service, rule of 64 or rule of 68 retirement
may elect to receive benefits in one of the following three forms, in lieu of the
retirement allowance otherwise payable to the member:
a. Such member may elect to withdraw the sum of his or her accumulated
contributions credited as of the member's date of retirement, excluding all
amounts picked up from the member's earnable compensation and credited to the
COLA fund, and be paid a monthly service retirement allowance of one-half the
amount to which he or she would otherwise be entitled;
b. Such member may elect to receive his or her normal monthly service retirement
allowance plus an additional five percent of such service retirement allowance; or
c. Such member may direct the payment of a benefit of 40 percent of the member's
monthly retirement allowance to be paid at the member's death to his or her
spouse nominated and designated by him or her at the time of retirement, such
benefit to be payable during the lifetime of such spouse; or
d. For those members who retire effective on or after December 31, 1999 and before
October 1, 2010, such member(s) may elect to receive his or her normal monthly
service retirement allowance payable for life; except that in the event the member
dies before he or she has received such allowance 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.
(2) I r, +�evo nt a m embeF who Te s r,rier teQetebe12010-e!eetSte Feeei; e a
red Ged retirement alley aRGe i Rder er on 7 3 or 1 and haS RemiFlate J and
designated his er her spO ase at the tomo of retirement as the
payment of the benefit i Pen the member's 'oath, the atal minimum value -^tee
allewaRGe dUFiRg- the „member's life d the SUGGeediRg herefit shall b8 GeFnputed t-9
he of equivalent actuarial value to the alley aRGe Whinh he er she wei old ha
the PFEW060e;TE)f GPtiE)R In the event a Member who as of September 26. 2010
had attained ten (10) vears of creditable service elects a retirement allowance under
option 2. 3, or 4 and has nominated and desianated his or her spouse at the time of
retirement as the person to receive pavment of the benefit upon the member's death,
the total minimum value of the allowance durina the member's life and the
succeeding benefit shall be computed to be of eauivalent actuarial value to the
allowance which he or she would have received had the member chosen to have his
or her retirement Allowance paid under the provisions of option 6c.
City of Miami Page 6 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
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Enactment Number: 13874
(3) In no event shall any language contained herein be construed as authorizing or
allowing any member the right or privilege to exercise more than one of options 1
through 6 enumerated at this subsection.
(q) Modified deferred retirement option program. Effective upon approval by the city
commission of the F.O.P. and I.A.F.F. labor agreements for October 1, 1998, through
September 30, 2001, the DROP of the retirement system shall consist of a Forward DROP
and a BACDROP. Any member who has reached age 50 with ten years of creditable service,
or who has attained a combination of age plus years of creditable service equal to either 64
or 68 as applicable, 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 single highest year preceding participation in the DROP, as the basis of
calculating the DROP payment. Upon commencement of participation in the DROP,
the participant's contribution and the city contribution to the retirement system for that
participant shall cease as the participant will be earning no further service credit. The
participant shall not acquire additional pension credit for the purposes of the pension
plan but may continue city employment for up to a maximum as established in this
article. 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 who
elect Forward DROP or are currently in Forward DROP shall be 84 full months.
(2) Maximum participation. 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 who elect Forward DROP or are currently in
Forward DROP shall be 84 full months. Once the maximum participation has been
achieved, the participant must terminate employment.
(3) Creation of individual account. For each person electing participation in the DROP, an
individual account shall be created.
(4) Earnings on DROP account. The board of trustees of the retirement system shall
establish, by administrative rule, a series of investment vehicles which may be
chosen by participants in the DROP. Any losses incurred on account of the option
selected by the participant shall not be made up by the city or the FIPO trust fund, but
any such loss shall be borne by the participant only. Upon participation in the DROP,
the participant shall make a selection of the earnings program on forms provided by
the board. All interest shall be credited to the participant's DROP account.
City of Miami Page 7 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
File ID: 5435
Enactment Number: 13874
(5) Distribution of DROP benefits. 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. Upon termination of employment, a participant may receive
payment from the DROP account in the following manner:
a. Lump sum distribution;
b. Periodic payments;
c. Rollover of the balance to another qualified retirement plan.
A participant may defer payment until the latest date authorized by Section 401(a)(9) of
the Internal Revenue Code.
(6) Disability. A DROP participant shall not be entitled to receive an ordinary or service
disability retirement.
(7) Death. In the case of the death of a DROP participant, there shall be no accidental
death benefit for pension purposes.
(8) Participation does not affect other disability benefit. DROP participation shall not
affect any other death or disability benefit provided to a member under federal law,
state law, city ordinance, or any rights or benefits under any applicable collective
bargaining agreement.
(9) Death of participant before account balances paid out in full. If a DROP participant
dies before the DROP account balances are paid out in full, the person(s) duly so
designated by such DROP participant shall receive such DROP account balances in
accordance with the DROP participant election in effect at the time of death.
(10) COLA participation. Eligibility for payments for cost of living adjustment (COLA) shall
not commence until a member has actually separated from employment with the city.
COLA service years shall be based upon creditable years of service in calculating the
employee's pension. For the purpose of complying with Section H(3)(m) of the
Amended Final Judgment in Gates, the employee's "date of retirement" shall be the
date of actual termination of employment as an employee with the city and not the
date of election to DROP.
(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 May 8, 2008
amending Article 39 of the 2007-2010 collective bargaining agreement with the FOP,
may extend their existing DROP agreements to a maximum of 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.
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File ID: 5435
Enactment Number: 13874
(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 BACKDROP
program.
(13) BACDROP. An I.A.F.F. 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. 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.
(14) BACKDROP option. A backdrop benefit option shall be implemented on January 1,
2013 to replace the BACDROP. The baGkr Fop eption Shall replaGe the exiStiRg DRO
pFegFam. EmDlovees who were vested as of December 31. 2012 shall be el iaible for
the forward DROP or the backdrop. Employees who have had not attained normal
retirement eligibility as of January 1, 2013 or were not vested by October 1, 2010,
and all employees hired on or after January 1, 2013, will be eligible for the backdrop
option, but will not be eligible for the forward 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 for the forward DROP as of January 1, 2013 who chooses
not to enter the forward DROP remains eligible for the backdrop.
a. An eligible employee who elects the backdrop option shall receive a monthly
benefit payable on the employee's actual retirement date (date of retirement and
separation from city employment) based on the benefit the employee would have
received if he/she had left city employment and retired on an earlier date after
attaining normal retirement eligibility (the "backdrop date"). In addition, an eligible
employee who elects the backdrop option will receive a lump sum payment equal
to the accumulation of monthly retirement benefit payments he/she would have
received during the period following the backdrop date through the actual
retirement date ("backdrop period"), plus interest at the rate of three percent per
year, compounded annually. An eligible employee may elect a minimum backdrop
City of Miami Page 9 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
File ID: 5435 Enactment Number: 13874
period of one year and maximum backdrop period of up to seven years. An eligible
employee who elects the backdrop option must select the normal form of benefit or
an optional form of benefit in accordance with subsection 40-203(m) at the time of
electing the backdrop option. The employee's monthly benefit as well as the lump
sum payment under the backdrop option is based on the form of benefit selected.
b. Employees are eligible to elect the backdrop option after completing one year of
creditable service following the normal retirement date. ° baGkdrep olor+tivn muct
ho m;;rlo V.githin ton dear- ;af er ho` GITIORg eligihlo fnr nnrmW rotiromont The
maximum backdrop period is seven years. Eligible employees who wish to elect
the backdrop option must provide written notification to the department director
and the department of human resources at least eight months prior to the
employee's retirement date; provided a lesser notice period may be approved by
the city manager due to special circumstances. Employees will be able to revoke
their backdrop election one time, but within one month of their election. However,
if an employee is granted a lesser notice period by the city manager due to
special circumstances, the employee will not be eligible for the one-time backdrop
election revocation. Employees are not required to elect the backdrop option.
All or a portion of the lump sum payment under the backdrop option may be rolled
over to an eligible retirement plan or IRA in accordance with federal law. The
rollover of DROP funds into the Miami Firefighters' Relief & Pension Fund (175)
shall be allowed if rollovers of this type are approved by the Miami Firefighters'
Relief & Pension Fund (175) trustee board.
d. If the backdrop option is ever terminated, for any reason, the rights of all persons
then in the DROP shall not be diminished or impaired. Additionally, if the backdrop
is ever terminated, all persons who are then eligible for the backdrop option will
still be eligible for a seven year backdrop. The board of trustees of shall develop
operational rules for the implementation of this provision.
(15) Compliance with Internal Revenue Code Sections 414(k) and 414(1). 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 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 Treasury Regulations 1.415(c) -1(a)(1) (the "Annual Maximum
Amount"). For purposes hereof, the term "limitation year" means the 12 -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.
*„
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.
City of Miami Page 10 of 11 File ID: 5435 (Revision: A) Printed on: 12/19/2019
File ID: 5435
Enactment Number: 13874
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 4/16/2019 Uria ndez, ity ttorney 6/17/2019
ria ndez, Cify Attor.iey 711612019
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 11 of 11 File ID: 5435 (Revision: A) Printed on: 1211912019