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HomeMy WebLinkAboutAgenda Item Cover PageG�TY OFF AGENDA ITEM COVER PAGE File ID: #5435 Ordinance Second Readinq Sponsored bv: Keon Hardemon, Commissioner 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. City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 GS.,Y OFA +' nein uare� # i" City of Miami Legislation Ordinance Enactment Number: 13874 File Number: 5435 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. 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 ARTICLE IV. PENSION AND RETIREMENT PLAN ' 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: 5435 (Revision: A) Printed On: 12/19/2019 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) nI T9t+reFnentagef��e�bers PIE)YedRQeptember 30, 2010--h s-arthat d­atea h.avea attaiRed age 5-0- v.gith teep er mere years; A -f Grtadit;able GeFViGe, GF eligibility rue of 64 reatireameant fnr ooliGe offinear meamhearc or eligibility fnr ri G2 ilea of Q reatireameant r fnr firefighter meamlawc Chin h�ye.a.rs of age wit b tei� Ar mnro dears of nrRditahlo SeFVinea 0 eaor ri ilea of 6-4. rtireameant fnr pG4Ge offinear members, or r6ilea of G2Q retirement fnr firefighter meamhearc 4 meamhear ygho reptini 1" cc L\i eamoleyee after attaiRiRg nnrmeal shall oartinipate in the retirement cvcteam in cll reSpeGtc Retireameant cheall hea GG)Fn19611seryat age6n�ne.m.bers ipser��e—For police officer members, normal retirement aqe 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 aqe fiftv (50) with ten (10) vears of Creditable Service including Members who retired or entered DROP on or after September 26, 2010. For firefiqhter 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 including 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 not attain... of 64 reatmFe me Rt fear peliGe effinear meambeFs0 Fule ear rlea of 69 reatireameRt fear firefighter membeFs, and FnembeFs-h;TedGR E)F afteF C)Etebea - , shall be Fule reatir with a minimum age Of 50 aRmteReF rneFe� "mss-ef GFeditable SeF 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. (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, City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 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 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. City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 b.(,),effestw�eptember 30, 2010, a member e)(e�s�se��eT�t+re�enf e� er after (Qr--teber1,2010 chcll hM1e epi+i+ler! +n reneiye a ret irLa. mi. en+ aIlewaRne elYH +n thePeerGentage nr�revided in paragraph (5) fnr nrE-ld-Tta19-l�Sci"irvrvc-prigFte C)GterhJ�e,r1, 2010, ao nd three nerneRt of the mmhor'rs a"erane final nnmPensativn multiplied -by years of nredTita�,t4-oserVino fnr ,t4oserVino nn ;nr;fter�QGteber-1�2010, Whinhr a4;3t'6int chc1l he paid yearly in mnRthh, inctclIm s—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 paraqraph a. above, shall be entitled to receive a Retirement Allowance equal to the percentage provided in paraqraph (5) for Creditable Service prior to September 26, 2010, and three percent (3%) of the Member's average final compensation multiplied by vears of Creditable Service for Creditable Service on or after October 1, 2010, which shall be paid vearly in monthly 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-SeptembeF 30 2010, nembeFs=eTetiFe-eF torminate empleymeRt With teN�mere rs of table ser�,ine OR er after Q er 1 1 n m her mvrc�earsvrC�e�zuarc�crvrcc-vrrvrarccrvEt9t3cr�2irv�-rreFl�cr retirerneRt a ewa,, Gyc chcll n„t evneed the lesser of 100 perneRt of the memhers aveFage final nr,mpeRsatiOR or an annual r.. as ef $100,000.00, retirerpme Rt er DROP eRtr" baser! E)R the ReF mal form of heRefit OR effent GR the plate of retirement; pFe„iderl OR Re e„ont shall the rr efit limitati^R p'�Feev de`! in this si bsentinn (3) he loco than the lesser of 100 pernent of the member's aveFage final GOFnpeRsatieR eFtkemembeF's-aced bepefit-as ef QeptembeF 30 Z'zOT&-, deteFmiRed OR aGGE)FdaRGe with the PFE)VOGOE)RG ef the Systems OR effeGt OR September - 29 2010, ar! nd basenn the neural form of benefit in effent on that Members , 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 averaae compensation. In no event shall the benefits of members hired before City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 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 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 City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 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) 1A theeevept�a Fnerber �NheTatir{:.s prie-FteOr--teber 1 2010 etests-tsTeseive a rorli inor7 ro4iromon4 �Iln ni�nno ''Ardor n0vn 2 2 cr /� vnd has nnmin�+orl �nrl , o deGigRate 1 his nr her snni iso a4 the 4imo of ro4iromon4 as Oho norsnn to FeGeiVe paymeRt of Oho hon9fl4 11nnn the momhor's rlo;a4h0 the t"21 minimum v�Iurae-efr-tnc be of e9 i0y;;kQn4 ;;vtucricl V.W, a 4n the W1Aw;;nno nihinh ho nr sho mini ilrl h�io the PrnVisiGRsGf Gptie„ In the event a Member who as of September 26, 2010 had attained ten (10) years 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 payment of the benefit upon the member's death, the total minimum value of the allowance durina the member's life and the succeedina 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. (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, City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 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. (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, City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 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. (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 City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 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 bar__k lrep eptien chcll replaGe the eXiGtiRg DRO pregFam. Emplovees who were vested as of December 31, 2012 shall be eligible 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 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. ^ baGkdr„n eleGtion must be Fnade Within teR dears after beGE)MORg eligible FE)r RE)Final FetiFement 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. c. 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 City of Miami File ID: 5435 (Revision: A) Printed On: 12/19/2019 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. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 Barnaby L. Min, Deputy City Attorney 4/1612019 i ria i "ndez, City Attor ey 6117/2019 1 it6tria i "ndez, C ity AFt—or ney 7/16/2019 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 File ID: 5435 (Revision: A) Printed On: 1211912019