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Ord. No. 16-08-1951ORDINANCE NO. 16 -08 -1951 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide a restatement of it Pension Plan to consolidate amendments and revisions adopted of the years since the Plan was originally adopted; and WHEREAS, certain provisions of state and federal laws are required to maintain tax qualified status; and WHEREAS, the City recognizes that such pension plan restatement is a desirable action to clarify the various provisions of the Plan; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such restatement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. Part I, Provisions governing the South Miami Pension Plan, Chapter 16, Article II, of the South Miami Code of Ordinances is hereby amended and restated to read as follows: Part I. Provisions governing the South Miami Pension Plan. Chapter 16 - Pensions Ord. No. 16 - 08 -1951 ARTICLE 11- CITE' PENSION PLAN Sec. 16 -11. Plan established. A pension plan is hereby established and placed under the management of a pension beafBoard of Trustees for the purpose of providing retirement allowances for employees of the City of South Miami, Florida, and shall be known as "South Miami Pension Plan." The effective date of the plan shall be October .1, 1965. If any provision of this article or the application thereof to any person or circumstance is held invalid such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or application, and to this end the provisions of this article are declared to be severable. (Ord. No. 528,12-7-65) Sec. 16-12. Definitions. Base index shall mean the current index determined on the valuation date coincident with, or otherwise, immediately preceding a Participant's normal retirement date. The base index applicable to aParticipant who elects a late retirement date shall mean be the base index which would apply had the partcipant's normal retirement date been such last retirement date. Basic benefit shall mean that portion of the pension payable to a pParticipant under the plan, which portion, upon the disability or retirement of any Participant, is guaranteed both as to amount and duration. Beneficiary shall mean the person last designated by a Participant as entitled to receive any benefits which may be payable under this plan by reason of the death of the Participant. Consumer price index shall mean the statistical table based on changes in the price of consumer goods and services published periodically by the Bureau of Labor Statistics of the United States, which table relates to the United States as a whole. Credited service shall mean employee's Participant's continuous employment with the Employer. Leaves of absence authorized by the Employer with periods of absence in connection with military service during which the Participant's employment rights were protected by law shall not be considered to have broken the continuity of his employment; provided, that the employee has become re- employed by the Employer within time period provided in The Uniform Service Employment and Reemployment Rights Act (USERRA) and for police officers Chapter 185 of the Florida Statutes after honorable discharge from the military service. Further, that the employee has paid an amount equal to the contributions that would have been made during such leave of absence based on the Participant's salary immediately prior to entry into military service, provided that police officer Participants shall not be required to make such payment of contributions per Chapter 185, FS. No employee shall be eligible to become a Participant during such absence. Page 2 of 26 Or-d. No. 16 -08 -1951 Current index shall mean the average of the six (6) latest available monthly Consumer Price Indexes published immediately preceding the applicable valuation date. Employee shall mean any person employed full -time by the Employer on a regular, permanent basis.; Elected officials, and fireman, and any person whose customary employment is for twenty (20) hours or less in any one week, or for five (5) months or less in any calendar year shall be excluded. The city manager, and city clerk shall be included within the definition of employee, however such positions shall be allowed to opt out of this pension plan. Employer shall mean City of South Miami. Final average compensation shall mean the Participant's annual compensation, as determined by the Employer, acting in a uniform and nondiscriminatory manner, averaged over the last three - year period ending on the Participant's retirement date, date of disability, date of termination of employment or the date of termination of the plan, whichever is applicable. For police officers, final average compensation shall mean the greater of: (1) The average of the Participant's five best years of annual compensation during the last ten (10) years of service or (2) The average of the Participant's annual compensation over the Participant's last three (3) years, as described above. Group annuity policy shall mean a policy issued by an insurance company to the Employer providing retirement benefits as established in this pension plan. Investment shall mean purchase in any fund, stock, insurance policy or any other instrument or method as provided by law. Board of Trustees shall mean those individuals appointed to the pension board in accordance with the provisions of this pension plan. Participant shall mean any employee who has met the eligibility requirements provided herein and who has performed all acts required for eligibility. Unless otherwise limited by the context, including a former employee who has retired and who is receiving benefits under this plan, and a former employee whose employment has otherwise terminated and who remains eligible for benefits under this plan. Participation date shall mean October 1 of each year this plan is in effect, including October 1, 1965. Plan shall mean South Miami Pension Plan effective October 1, 1965, as the same may be amended from time to time. Page 3 of 26 Ord. Into. 16 -08 -1951 Plan year shall mean the twelve (12) month period commencing on any participation date and ending on the following September 30. Prior index shall mean the last current index which was used to adjust benefits on the last valuation date immediately preceding the current Valuation Date. Retirement date shall mean the date on which payment of a Participant's pension benefit commences, whether such date is his normal or, if applicable, early or late retirement date. Supplemental benefit shall mean a variable benefit reflecting changes in the cost of living determined from the Consumer Price Index, which may become payable on October 1, 1970, and every October first thereafter for the ensuing twelve -month period to persons retiring or becoming disabled on or after October 1, 1970. Valuation date shall mean the September first on which the current index shall be compared with the Base Index of each payee receiving a basic benefit to determine whether a supplemental benefit may be payable. Sec. 16-13. Eligibility. (a) Each employee employed by the Employer on October 1, 1965, shall be a Participant on the first participation date on which he has completed two (2) years of Credited service and has attained his twenty -fifth birthday. (b) Each Employee who becomes an employee subsequent to October 1, 1973, shall be a Participant on the first participation date on which he /she has completed six (6) months of Credited service and has obtained his /her twentieth birthday. For all current Employees as of October 1, 1995, each fiscal year there will be a window for joining the retirement system; i.e. October 1 through October 31. (c) It shall become mandatory for all Employees hired on or after October 1, 1995, to join the pension plan after completion of six months of employment by the CitX. (d) Each eEmployee classified as police officer shall become eligible to participate in thise plan upon the date of employment provided the police officer began participation in this plan when first eligible as provided in subsections (a) and (b) of this section. chi 17{b} Page 4 of 26 Ord. No. 16 -08 -1951 'INS 11M SIMARAMAMI • See. 16 -14. Pension benefits and retirement date. (a) Retirement date. The normal retirement date with full unreduced pension benefits for a Participant, shall be as follows: (1) General employees. shall be the first day of the calendar month coincident with or, otherwise, next following the later of the Participant's sixhfifty -fifth birthday and the date on which the Participant has completed ten (10) years of Credited service. (2) Police officers. The nofmal -stir menu - date th ^rliest date) a pe ^° °ffi^ °r may retire with fiA uii.-edueed pension benefits isshall be the completion of twenty -five (25) years of credited police service, regardless of age, or attainment of age sixty (60) and completion of ten (10) years of credited police service. (b) Amount of pension. The yearly amount of pension payable to a Participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount equal to the Participant's number of completed years of Credited service multiplied by a percentage of Final average compensation as stated herein. shall be equal to (a) as to pai4ieip his/hef twenty fifth biAhday; and (b) as to a paffieipant fetifing an and after- Oetober- 1, 1970, (1) Basic benefit. (a) A basic benefit at the employee's a r °+ r-eme * date for Participant's retiring;, prior to October 1, 1970, shall be determined by multiplying 1.6 percent of the Participant's final average compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the Participant prior to the Participant's twenty -fifth birthda. Page 5 of 26 - -: - - WIN "1111 z 1 See. 16 -14. Pension benefits and retirement date. (a) Retirement date. The normal retirement date with full unreduced pension benefits for a Participant, shall be as follows: (1) General employees. shall be the first day of the calendar month coincident with or, otherwise, next following the later of the Participant's sixhfifty -fifth birthday and the date on which the Participant has completed ten (10) years of Credited service. (2) Police officers. The nofmal -stir menu - date th ^rliest date) a pe ^° °ffi^ °r may retire with fiA uii.-edueed pension benefits isshall be the completion of twenty -five (25) years of credited police service, regardless of age, or attainment of age sixty (60) and completion of ten (10) years of credited police service. (b) Amount of pension. The yearly amount of pension payable to a Participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount equal to the Participant's number of completed years of Credited service multiplied by a percentage of Final average compensation as stated herein. shall be equal to (a) as to pai4ieip his/hef twenty fifth biAhday; and (b) as to a paffieipant fetifing an and after- Oetober- 1, 1970, (1) Basic benefit. (a) A basic benefit at the employee's a r °+ r-eme * date for Participant's retiring;, prior to October 1, 1970, shall be determined by multiplying 1.6 percent of the Participant's final average compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the Participant prior to the Participant's twenty -fifth birthda. Page 5 of 26 Ord. No. 16 -08 -1951 (b) However, as to those Participants who became an Employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service plus any additional service completed by hkfAer prior to the Participant's his/her twentieth birthday and /or additional service completed prior to the Participant becoming eligible to join this pension plan. (2) General employees (a) Effective October 1, 1993, the pension benefit accrual rate (multiplier) for general employ Participants, shall be increased from 1.6 percent to 1.8 percent for services performed in the 1993 -1994 fiscal year;, (b) Effective October 1, 1994, the pension benefit accrual rate (multiplier) for general employee Participants, shall be increased from 1.8 percent to 1.9 percent for services performed in the 1994 -1995 fiscal year. (c) Effective October 1, 1995, the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 1.9 percent to 2.25 percent for services performed in the 1995 -1996 fiscal year. (d) Effective October 1, 1996 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.25 percent to 2.50 percent for services performed in the 1996 -1997 fiscal year. Effective October 1, 2001, the pension benefit accrual rate (multiplier) for general employee Participants shall be 2.25 percent for all services performed through September 30, 1998. (e) Effective October 1, 1997 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.50 percent to 2.75 percent for services performed in the 1997 -1998 fiscal year and thereafter. Effective October 1, 2001, the pension benefit accrual rate (multiplier) for general employee Participants shall be 2.50 percent for services performed in the 1998 -1999 fiscal year and 2.75 percent for services performed thereafter. (f) Effective October 1, 2002, the pension benefit accrual rate (multiplier) for general employee Participants shall be 2.50 percent for all services perfonmed through September 30, 1999, and 2.75 percent for services performed thereafter. (3) Police officers (a) For sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 percent to 1.8 percent, for services performed in the 1993 -1994 fiscal year. Page 6 of 26 Ord. No. 16 -08 -1951 (b) Effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 percent to 1.9 percent, for services performed in the 1994- 1995 fiscal year. (c) Effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 percent to 2.25 percent for services performed in the 1995- 1996 fiscal year. (d) Effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 percent to 2.50 percent for services performed in the 1996- 1997 fiscal year. (e) Effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 percent to 2.75 percent, for services performed in the 1997- 2001 fiscal year. (f) Effective October 1, 2001, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.75 percent to 2.80 percent for services performed in the 2001 -2002 fiscal year. (g) Effective October 1, 2002, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 percent to 2.90 percent for services performed in the 2002 -2003 fiscal year. (h) Effective October 1, 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 percent to 3.00 percent. The mulfip ier- fete +„ be applied n+ the time f +; + f o h b ufAt empleyee shall be applied as pr-ese-fibed in the 1992 93 and 1995 9 —11 1 1K V lV VV ,.L k4 1.11V 1.1111V Vl 1V{.11 V111V111. lJl bar-gaining nts (i) Notwithstanding the above subsection, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two (2) percent for all years of service. (4) Supplemental benefit. A supplemental benefit, if my is payable determined on each valuation date which occurs after the participant's normal retirement date. The supplemental benefit shall be equal to (1) an amount determined at the first applicable valuation date by multiplying the yearly amount of basic benefit by the percentage if any, by which the current index exceeds the base index and (2) an amount determined at each subsequent valuation date, where the current index exceeds the prior index, or where the prior index exceeds the current index, by reducing such sum by the product of such sum and the percentage by which the prior index exceeds the current index; provided however, that. in no event shall the supplemental benefit payable at any time be greater than the excess of (1) the basic benefit increased at three (3) percent compounded annually from the initial valuation date applicable to himthe Participant over (2) the basic benefit. In no event shall the supplemental benefit be reduced below zero so as to affect Page 7 of 26 Ord. No. 16 -08 -1951 the amount of basic benefit. Supplemental benefits shall commence or be adjusted as of each October 1 and shall continue thereafter for the following eleven (11) months. (c) Early retirement. A police officer Participant may elect an early retirement date which may be the first day of any calendar month coincident with, or subsequent to the Participant's fiftieth birthday and completion of fifteen (15) years of Credited service. The pension benefits payable to any such Participant on early retirement date shall be equal to an actuarial equivalent, detennined in accordance with the Table- Rbelow, to the amount of pension to which is entitled up to early retirement date in accordance with subsection (b). If ME MW . . MMOM • ■iao��rrr�wa� w��i��i i�iCc.��i��w��0i[:�0.� i.ea i — Yetars prior- al tetir -e me da4e . • 4— O 1� �.894— 2— 84.588 3-- 77.982 4— 72.176- 5-- 6..970 A police officer Participant may elect an early retirement date which may be the first day of any calendar month coincident with, or subsequent to the Participant's fiftieth birthday and completion of fifteen (15) years of Credited service. The pension benefits payable to any such Participant on early retirement date shall be equal to an actuarial equivalent, detennined in accordance with the Table- Rbelow, to the amount of pension to which is entitled up to early retirement date in accordance with subsection (b). If ME MW . . MMOM • ■iao��rrr�wa� w��i��i i�iCc.��i��w��0i[:�0.� i.ea i — Yetars prior- al tetir -e me da4e g e-- 4— O 1� �.894— 2— 84.588 3-- 77.982 4— 72.176- 5-- 6..970 Table -1-1-- Police officer Participant- Percentages for Early Retirement Date TABLE INSET: Years prior to normal Percentage retirement date Page 8 of 26 9rd. Igo. 16 -08 -1951 1 97 2 94 3 91 4 88 5 85 Age on normal retirement date shall be age nearest birthday. Years prior to normal retirement date shall mean years and completed months from early retirement date to normal retirement date. Allowance for such months shall be made by interpolating in this table. Commencing after the partieipantParticipant's normal retirement date the Basic Benefit of any paAieipaPAParticipant retiring on or after October 1, 1970, will be supplemented by the applicable Supplemental Benefit determined in the same manner as in subsection 16- 14(b)(2). (d) Late retirement. A par&ipaatParticipant, with the written consent of his empleyerEmployer, may elect a later retirement date which may be the first day of any calendar month after hi&— normal retirement date. If the pafk4par4Participant's contributions shall terminate on his —late retirement, benefits shall be based on annual earnings and efedited v=eCredited service to his late retirement date. Commencing after the paAieipantParticipant's late retirement date the Basic Benefit of any partieipEi articipant retiring on or after October 1, 1970, will be supplemented by the applicable Supplemental Benefit determined in the same manner as provided in subsection 16- 14(b)(2), based on the Basic Benefit actually being paid; provided, however, that the first applicable Valuation Date will be the first such date following such paAieipantParticipant's late retirement date. (e) Life income; death benefit. The normal form of pension shall be a life income with the first monthly payment of a paAieipantParticipant's pension being due on his- retirement date if hethe Participant is then living, and the last monthly payment being due on the last monthly due date on which the pafie43ai4Participant is living. If the death of the partieipantParticipant occurs after this form of pension has become operative but before the sum of all monthly payments that have become due prior to the participant'shis death exceeds the death benefit which would have been payable if the paAieipantParticipant had died immediately prior to his- retirement date, there shall be payable in one sum to the benefiei aryBeneficiary entitled thereto an amount equal to the excess of such death benefit over the sum of such monthly payment. (f) Optional forms of payment . (1) A peliee e- e=Participant entitled to a normal or early service retirement benefit shall have the right at any time prior to the date upon which the first payment is received to elect to have the benefit payable under one of the options provided in this section. The eerParticipant shall be permitted to revoke any such election and to elect a new option at any time prior to the receipt of the first payment. Election of the retirement option shall be on a form prescribed by the Board of Trustees. Page 9 of 26 Ord. No. 16 -08 -1951 a. Life annuity. A peliee effieer Participant may elect to receive an annuity payable for life. This shall be the nonnal form of retirement. There shall be no guaranteed payment in excess of the accumulated contributions of the Participant, which contributions shall be paid to the Participant'smemberls estate or designated benefiei Beneficiary should the Participantmen*er die prior to receiving payments equal to said contributions. b. Joint and last survivor option. A peliee offieef Participant may elect to receive a reduced benefit for life and to have the same benefit (or a designated fraction of the benefit) continued after the Participant'sm mber-'s death and during the lifetime of a designated joint pensioner. The Participanteff-reer shall have the option ma�-of electing to receive the payment of a benefit of seventy - five (75) percent, sixty -six and two- thirds (66 2/3) percent, or fifty (50) percent of the Participant'smea*er!s monthly retirement allowance to be paid at the Participant'sffiember-!s death to ahis—op4ief joint pensioner designated by the Participantmenber at the time of or prior to retirement, such benefit to be payable during the lifetime of the joint pensioner. The reduced retirement benefit shall be the actuarial equivalent of the amount of the retirement compensation otherwise payable to the Participantmember. A designated joint pensionersiver may be any natural person, but need not be the spouse of the Participantmember. In the event that the designated joint pensioners dies, , the maffiage is dissolved, before the Participant'smmbe's benefit payments begin, this option shall be canceled automatically and a retirement income shall be payable to the member in the form of a life annuity as if the election had never been made. c. Other options. The pension board may, approve by—unif fWe, establis- any other optional form of substantially equal payments, which are the actuarial equivalent of any other form provided for in this plan, or which optional form of payment is cost neutral to the plan. (Ord. No. 528,12-7-65; Ord. No. 697, §§ 2--4,10-6-70; Ord. No. 827, § 1, 6 -4 -74; Ord. No. 908, § 2, 9- 21 -76; Ord. No. 1220, § 1, 1- 22 -85; Ord. No. 1418, § 2, 2- 21 -89; Ord. No. 1544, § 2, 9- 21-93; Ord. No. 1593, § 2, 10 -5 -95; Ord. No. 1595, § 3, 11 -7 -95; Ord. No. 1761, § 2, 10- 16 -01; Ord. No. 1828, § 2, 3- 15 -05; Ord. No. 1892, § 1, 11- 28 -06) Sec. 16 -15. Disability benefits. (a) If a paAkipantParticipant becomes totally and permanently disabled for a six -month period while in the active employ of the employer Employer, he shall receive a monthly disability benefit during the continuation of suchhis— disability commencing as of the first day of the calendar month following six (6) months of disability equal to one - twelfth (1/12) of the yearly amount of pension to which the Participanthe is entitled in accordance with subsection 16- 14(b); =educed is aeee ee —wlth Table 1. A peliee - e€€reerParticipant shall be entitled to select Page 10 of 26 Ord. No. 16 -08 -1951 payment of a disability pension using any of the optional forms of retirement provided under subsection 16- 14(f). If the par4ieip Participant remains disabled until his- normal retirement date, hethe Participant shall then receive a basic benefit on the normal annuity form equal to the amount of disability benefit the Participanthe was receiving. In addition to the basic benefit, the payments of any partieipantParticipant who becomes disabled on or after October 1, 1970, will be adjusted after the normal retirement date of the paAieipai Participant by a supplemental benefit determined in the same manner as provided in subsection 16- 14(b)(2), the last payment being due at the time that the last basic benefit payment is due. If the disabled Participant ceased to be totally and permanently disabled and returns to the service of the empleyerEinployer, the ;Participanthe shall be entitled to resume coverage under the plan on the first of the month following suchhis re- employment and the Participant's his pension at retirement shall be based on efedited s° Credited service before and after suchhis period of disability. If the Participant he -does not return to the service of the etnpleye Employer, thehis vested pension shall be determined in accordance with article VI, including as service for the purpose of determining the applicable vesting percentage only, the period of suchhis disability. (b) As used in this section "totally and permanently disabled" means the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairinent which can be expected to result in death or to be of long- continued and indefinite duration. The disability of any partie-ipantParticipant shall be determined by the pension board, in accordance with uniform principles consistently applied, upon the basis of such evidence as the pension board deems necessary and desirable. The pension board may, at any time prior to the pa#ieipa articipant's normal retirement date, determine that the partieipafAParticipant is no longer totally and permanently disabled. In determining the nature, extent and duration of any partieipaParticipant's disability, the pension board shall select a physician to examine such partieipa articipant and to advise the pension board with respect to such disability. The final determination of the nature, extent and duration of such disability shall be made solely by the pension board. Disability shall not include a permanent incapacity directly incurred and due solely to military service of any pa#iipan Participant which prevents thehim freffi-returning to employment with the empleyerEmployer and for which the Participanthe receives a disability benefit or pension from the United States. (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 5, 10 -6 -70; Ord. No. 1761, § 3, 10- 16 -01) Sec. 16 -16. Death of a par-fleipan (a) Before retirement date. Upon the death of a partiipantParticipant prior to his- retirement date there shall be paid to the bene ar -yBeneficiary last designated by the Participanthim an amount equal to the aggregate of the Participant'shis contributions made prior to the date of his death. For General employee Participants, the contributions shall be credited with eredited Page 11 of 26 Ord. No. 16 -08 -1951 interest compounded annually at the rate of three (3) percent per annum from the end of the year of payment to the first of the month in which the death benefit is paid. (b) After retirement date. Upon the death of a paAieipantParticipant on or after hi-s--retirement date, there shall be paid to the benefiei Beneficiary last designated by the Participanthim in accordance with the following provisions, the benefit, if any, payable under the group annuity policy. (c) Beneficiary. Each partieipantParticipant shall have the right to name a b°n yBeneficiary and to change suclihis bene€reiar-y=Beneficiary designation from time to time. Any such exercise of rights shall become effective only in accordance with the provisions of the group annuity policy and the rules and practices of the insurance company, where applicable. Police officers who are Participantsffieffiber-s of the plan shall have the right to name one or more beneficiaries, jointly or sequentially and to change the benefieiayBeneficiary designation from time to time in accordance.with F.S. §§ 185.161 and 185.341. Upon failure of a police officer Participant to designate a be Beneficiary, any benefit shall be paid to the Participant'sdeeease ^ffi^°r's estate. (d) Cooperation of pension board. Upon the death of any participantParticipant the pension board shall cooperate with the Participant's his benef eiafyBeneficiary so that such benefieier-yBeneficiary may receive such benefits as are provided by this plan or from any group annuity policy. (Ord. No. 528, 12 -7 -65; Ord. No. 1088, § 1, 10- 21 -80; Ord. No. 1463, § 1, 11 -6 -90; Ord. No. 1761, § 4, 10- 16 -01) Sec. 16 -17. Termination of employment. (a) If the employment of a partietParticipant is terminated except by retirement, transfer to ineligible status or death, the Participant'shis interest and rights under this plan shall be limited to those contained in the following sections of this section. (b) Any such paAie4pffi tParticipant shall be entitled to elect Option 1 or Option 2, as described below, except that Option 2 shall be automatically considered as having been elected by the paftie-ipantParticipant unless Option 1 is elected before the paAieipantParticipant's normal retirement date. Option 1: A cash payment of an amount equal to the aggregate of the contributions made by the paAieiparrtParticipant prior to his termination of employment with credited interest compounded annually at the rate of three (3) percent per annum from the end of the year of payment to the first of the month in which the cash payment is made. SWOM Provided that police officer Participants eligible to withdraw their contributions from thise pension pl may only withdraw their contributions without interest. Page 12 of 26 Ord. loo. 16 -08 -1951 Option 2: Pension benefits commencing on what otherwise would have been the normal retirement date of the pipantParticipant in an amount equal to the greater of that which can be provided by the aggregate of the contributions made by the pa#ieipantParticipant prior to the termination of his employment, with credited interest compounded annually at the rate of three (3) percent per annum from the end of the year of payment to the date on which pension benefits commence; or an amount determined by multiplying the amount of pension to which the Participanthe is entitled in accordance with section 16 -14(a) or 16- 14(b), whichever is applicable by a percentage determined in accordance with the following schedule on the basis of the length of—bis Ceredited service. TABLE INSET: Number of years of ^redite se �� °Credited service Percentage Less than 10 0 11 10 12 20 13 30 14 40 15 50 16 60 17 70 18 80 19 90 20 or more 100 Swem Police officer Participantspefsexnel, including bargaining unit empleyeeEmployees, shall be one hundred (100) percent vested in the retirement plan upon completion of ten (10) years continuous full -time sworn police service. Accordingly, effective October 1, 1993, all swo police officer Participantspersentiel, including members of the bargaining unit, who are in thise planan ' effective October 1, 1993 and have between ten (10) years and twenty (20) years of continuous sworn police service in the fife ei4 system will be one hundred(100) percent vested. All general empleyeeEmployees shall be one hundred (100) percent vested in the pensionretirement plan upon completion of ten (10) years' continuous Ceredited service. Accordingly, effective October 1, 1995, all general empleyeeEmployees who are in this plane as of October 1, 1995, and have ten (10) years or more of continuous service in the r°*ir °m °r* syste will be one hundred (100) percent vested. Page 13 of 26 Ord. loo. 16 -08 -1951 (c) No Supplemental Benefit shall be payable under this article. (d) (1) A terminated pai4ieip Participant's pension benefit payments shall commence on what would otherwise have been the Participant'shis nornial retirement date; provided, however, that if on the date of his--termination of employment the Participanthee has satisfied the service requirement for early retirement but not the age requirement, the Participanthe may elect, in writing, on a form approved by the pension board, to have payments determined on an actuarial equivalent basis commence prior to his- norinal retirement date, but in no event prior to the first day of the calendar month coincident with or next following Iris- completion of the age requirement. The pension board must receive such written election at least six (6) months prior to the commencement of benefits. If such pension commences before the paAkip Participant's normal retirement date, the amount of such pension shall be the actuarial equivalent, determined in accordance with Table I or as to a police officer paAieipantParticipant elass fie pelieem on the date of his--termination of employment determined in accordance with Table II, as such tables appear in section 16 -14, of the monthly amount of pension benefit on the normal form which would otherwise commence on his-normal retirement date. (2) The basic benefit described herein shall be effective for all paf&4pafltParticipants who terminate employment on or after October 1, 1978. (e) An Employee who has received a cash payment under Option 1 above may elect to participate in this plan upon meeting the following requirements: (1) Election to participate must be made within thirty(30) days of receipt of notice of eli ig bility to participate. (2) Such Employee had received a cash payment under Option 1 above. (3) Such Employee pays to the pension plan an amount equal to the amount of cash payment received under Option 1 above, plus credited interest compounded annually at the rate of three (3) percent per annum from the date on which such cash payment was made to the date of such repayment. Participation under this section will be effective as of September 1, 1977. In determining an Employee's Credited service at any future date, any service during which the Employee did not participate under this plan shall not be included. (Ord. No. 528,12-7-65; Ord. No. 697, § 7,10-6-70; Ord. No. 1155, § 1, 9 -7 -82; Ord. No. 1161, § 1, 12- 21 -82; Ord. No. 1544, § 3, 9- 21 -93; Ord. No. 1595, § 4, 11 -7 -95) Page 14 of 26 _ M! S'J_ 7_° i IM 611.11- Page 14 of 26 Ord. No. 16 -08 -1951 Sec. 16 -18. Group annuity policy. (a) The effqAeymEmployer, in order to provide the benefits of this plan, may procure from an insurance company a group annuity policy. In general, such group annuity policy shall provide for the establishment and maintenance of a fund or funds by the insurance company to which contributions will be credited and from which will be withdrawn the amount necessary to pay pension benefits at retirement and to pay such other benefits as may be provided by the plan. Any monies not so invested may be invested in other methods as provided by law. (b) The terms and provisions of such group annuity policy shall be agreed upon between the empleye mployer and the insurance company and shall, to the extent possible, be consistent with the provisions of this plan and amendments hereto. (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 8, 10 -6 -70; Ord. No. 1418, § 4, 2- 21 -89) Sec. 16-19. Contributions. (a) Each pai4ic-ipantParticipant shall contribute in each calendar year towards the cost of the parti6pai4 articipant's pension an amount equal to three (3) percent of the paAieip8 Participant's earnings. With the exception of swe police officer personnel Participants, no partietParticipant shall make any contributions toward the cost of any past service pension to which the partieipanParticipant is entitled under this plan. The empleyeEmployer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The employer-Employer's contributions shall be deposited into the pension plan on at least a quarterly basis. Effective October 1, 1995, the pension contribution for all general empleyeeEmployee pafkipaRlParticipants, including those general empleyeeEmployees that are now members of the retirement system, shall be increased from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, the pension contribution for all general Employee Participants, including those general Employees that are now members of the plan, shall be increased from five (5) percent to seven (7) percent of earnings. Swem pPolice officer Participantpefsenx&, including bargaining unit empleyeeEmployees, that are now members of the plan and any police officersperseanel who join the plan in the future shall, effective October 1, 1993, have their contribution increased from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, swear- police officer Participantsperserel shall contribute 7.5 percent of earnings. (1) General Employee Participants. Should the extpleyerEmployer's annual contribution be actuarially determined to exceed twelve (12) percent, both the employer Employer and the pafk4pantParticipants shall share equally the amount in excess of twelve (12) percent for that fiscal year. Effeetive- Geteber 1, 2005�� b for- that fisca yean Effective October 1, 2005 should the total Participant and Employer's annual contribution be actuarially determined to exceed (14) fourteen percent, both the Employer and the general employee Participants shall share equally the amount in excess of fourteen (14) percent for that fiscal year. Page 15 of 26 Ord. No. 16 -08 -1951 (2) Police officer Participants. Effective October 1, 2004 if the total police officer partcipitants swem pakee —peel contributions and enrpleyerEmployer contribution exceeds fifteen (15) percent of covered police payroll for any fiscal year, the excess over fifteen (15) percent shall be shared equally by the enrpleyerEmployer and sworn- police officerpersenxel pa#ieipaB articipants. SWE) Ppolice officer persepnel pai4kipai,AParticipant contributions shall be deposited in the plan immediately after each pay period. Effective October 1, 2001, an amount actuarially determined, to provide for certain minimum benefits required by Chapter 185, F.S. shall be paid from the South Miami Police Officers Retirement Trust Fund to the Plan each year, regardless of the growth or diminution in future Chapter 185, F.S. funds.. (b) All amounts paid by the enipleyerEmployer to the insurance company in accordance with this plan shall represent irrecoverable contributions, except as may be otherwise provided in subsection 16- 22(b). (c) The empleyefEmployer shall pay the reasonable expenses of the pension board, including any expenses for legal and actuarial services. (d) Rollover option. A paAkipantParticipant eligible to receive a refund of contributions may elect, at the time and in the manner prescribed by the pension board ^yes, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the par-titParticipant in a direct rollover. For the purposes of this section, the following words and phrases shall have the following meanings indicated: (1) Eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: a. Any distribution that is one of a series of substantially equal payments (not less than annually) made for the life (or life expectancy) of the distributee, or the joint lives (or joint life expectancies) of the distributee and the distributees designated be Beneficiary, or for a specified period of ten years or more; b. Any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and c. The portion of any distribution that is not includable in gross income. (2) Eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of the Internal Revenue Code, or a qualified trust described in section 401(a) of the Internal Revenue Code, that accepts the distributees eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan as an individual retirement account or individual retirement annuity. Page 16 of 26 Ord. No. 16 -08 -1951 (3) Distributee includes an empleyeeEmployee or former empleyeeEmployee. In addition, the eWleyeeEmployee's or former empleyeeEmployee's surviving spouse is a distributee with regard to the interest of the spouse. (4) Direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (Ord. No. 528, 12 -7 -65; Ord. No. 1544, § 4, 9- 21 -93; Ord. No. 1595, § 5, 11 -7 -95; Ord. No. 1761, § 5, 10- 16 -01; Ord. No. 1892, § 2, 11- 28 -06) See. 16 -20. Pension bo Board of Trustees. (a) The pensier boa Board of Trustees shall be comprised of seven (7) members consisting of the two (2) active empley-eeEmployees of the city elected by Participants of the Plan, two (2) citizen e'er of the eCity, and two (2) individuals with financial backgrounds all to be and the appointment of one (1) active empleyeeEmployee of the city designated by the city manager, all to be gppointed by the mayor with the advice and consent of the city commission. No pe ien Board of Trustee member shall receive any compensation or emolument for services on the pension board. The board members shall each serve for a period of two (2) years, or until their successors are appointed, which appointment shall be evidenced by an acceptance in writing of such appointment. A member of the pension board may resign by delivering alp written resignation to the city clerk, and such resignation shall become effective upon its delivery or at a later date specified therein. If, at any time there shall be a vacancy in the membership of the board, provided there are not less than five (5) members, the board shall continue to act until such vacancy is filled as provided above. (b) The board shall hold meetings upon such notice, at city hall, and at such times as its members may from time to time determine but in no event less than once each calendar quarter. A majority of the members of the board at the time in office shall constitute a quorum for the transaction of business. All action taken by the board at any meeting shall be by vote of the majority of its members present at such meeting; , meeting by unanimous aaien of its members evideneed by a resolution signed by a4l stieh members. (c) Subject to the terms of this plan, the pension board ffi-ayshall from time to time adopt bylaws, rules and regulations for the administration of the plan and the conduct and transaction of its business and affairs. (d) The pension board shall have such powers as may be necessary to discharge its duties hereunder; including but not limited to, the power to interpret and construe the plan, to determine all questions of eligibility for benefits, duration of employment, computation of benefits, value of benefits and similarly related matters for the purposes of the plan, and the pension board's determination of all questions arising under this plan shall be conclusive and binding upon all empleyeeEmployees, retired empleyeeEmployees, paffi pantParticipants and all other persons. Page 17 of 26 Ord. No. 16 -08 -1951 (e) No member of the pension board shall be precluded from becoming a pai4ie-lpaiitParticipant under this plan if he weuld be otherwise eligible. (f) The board shall keep accurate records and minutes of its proceedings and actions. The pension board shall prepare annually a report showing in reasonable dretail and account of the operations for the preceding year, as required by section 112.63 and 185.221 and shall deliver a copy within sixty (60) days thereof to the city commission. The pension board shall also file with the appropriate governmental bodies all necessary forms and documents that must be furnished in accordance with applicable law. (g) The board shall, from time to time, issue written instructions to the insurance company, if applicable with respect to the pensions and other benefits to be provided pursuant to this plan. (h) The board may authorize one (1) or more of its members to sign on its behalf any document relating to the administration of this plan. (i) Except for gross negligence or willful breach of the terms of this plan, no member of the pension board shall incur any individual liability for any action or failure to act pursuant to the terms of this plan. No member of the pension board shall be liable for the acts of any other member of the pension board. The members of the pension board may engage agents, to include consultants, custodians, actuaries. Accountants, auditors and investment managers to assist them in their duties and may consult with counsel who may be an independent counsel or of counsel to the emplo y°rEmPleyer. The members of the pension board shall be relieved of all responsibility whatsoever for anything done or not done upon the written advice of counsel. 0) The members of the pension board may inspect the records of the empleyerEmployer whenever such inspection shall be reasonably necessary in order to determine any fact pertinent to the performance of their duties under this plan. The members of the pension board, however, shall not be required to make such inspection, but in good faith may rely on any statement of the employer-Employer or any of its officials or authorized empleyeeEmployees. (Ord. No. 528, 12 -7 -65; Ord. No. 1207, § 1, 9- 10 -84; Ord. No. 1247, § 1, 2 -4 -86; Ord. No. 1253, § 1, 8 -5 -86; Ord. No. 1707, § 1, 4- 11 -00) Sec. 16 -21. Purchase of ^„edited se Credited service. (a) Police officer ParticipantspersetHa6, including bargaining unit efftpleyeeEmployees, eevered by the - X992- 9-3— Gellec-fi�,,e Bar-gaining Agreement shall be allowed te apply I i to purchase credit for active duty in the U.S. military service, prior to employment as Page 18 of 26 Ord. No. 16 -08 -1951 a Police officer with the City in accordance with USERRA and applicable state law up to � mffidmum of Baiff (4) yeafs. This provision shall not cover reserve active duty or weekend drill. Police officers electing to purchase approve d rp for military time will do so at total cost to the Participantemployee with no cost assumed by the city. ' promulgated by the eity maftagef-. (b) All partieipantParticipants in the city pension plansystem shall be allowed to apply fef pe iss. -a to purchase credit for immediate past city service up to a maximum of five (5) years in the city pension pl pursuant to procedures promulgated by the e mat the time of such purchase. All costs for approved purchase of past city services shall be one hundred (100) per cent borne by the Participantempleyee with no cost assumed by the city. Should the e t - permit Participant be permitted to purchase of-past city service over a period of time, the effective date of ,,,,edited s °Credited service willshall be on the date such purchase is paid in full. (Ord. No. 1544, § 5, 9- 21 -93; Ord. No. 1616, § 1, 9 -3 -96) See. 16 -22. Amendment and termination of the pension plan. (a) The emplayerEmployer may amend the provisions of this pension plan at any time and from time to time by a?affier-ized to exeetAe sueh iRstfttmenl, and delivered to the members of the pension ; enacting such amendments in a public meeting provided, per that: (1) No amendment shall increase the duties or liabilities of the f , ber-5 of the Hersiel.l beams Board of Trustees • .ithout their- • , i-tte eense (2) No amendment shall provide for the use of funds or assets held under this plan other than for the benefit of empleyeeEmployees and no contributions paid by the enTleyerEmployer shall ever revert to or be used or enjoyed by the effipley mployer, except as provided in subsection (b). (b) The enipleyerEmployer may terminate this pension plan at any time by to exeeute ssueh an kisti-ament and delivered te the pension bear repealing the provisions of this ordinance in a public meeting. In such event the pension boa Board of Trustees shall take the necessary steps to have all the funds held by the under- the gr-eup aaffaity plan applied to the purchase of immediate or deferred annuities, as the case may be, in the following order of priority and in accordance with the provisions of section 16 -23, if applicable: (1) An immediate annuity on the normal forms of pension for each empleyeeEmployee who is a partielpantParticipant aPA who has retired or has attained leis- normal retirement date but who has not retired, in an amount equal to the amount of basic benefit to which Page 19 of 26 Ord. No. 16 -08-1951 the Participanthe is entitled or would have been entitled if the Participanthe had retired immediately prior to such termination. (2) A deferred annuity on a full cash refund form of pension commencing at normal retirement date for each employee who is a parfieipaiAParticipant end who has not reached his-normal retirement date, for each disabled paAieipantParticipant, and for each former empleyeeEmployee who is a terminated paAie43antParticipant vvhea.nd has not elected a cash payment as provided in option 1 of section 16 -17i in an amount of thehis paftieipantParticipant's contributions paid to and received by the ' plan, with credited interest of three (3) percent per annum from the end of the year in which contributions were received to the date basic benefits commence. (3) A temporary annuity ending on this—normal retirement date for each disabled paftieipantParticipant in an amount equal to the basic benefits being received he has been r-eeeiving under section 16 -15. (4) A deferred annuity on the life annuity form commencing at normal retirement date for each terminated paAkipantParticipant as defined in section 16 -17 in an amount equal to the amount the Participant he is entitled to under section 16 -17 and deferred annuity commencing at normal retirement date for each disabled paAieip Participant and each Participant in an amount equal to the amount the participanthe would be entitled to under 16 -17 if the date of termination of employment less the amount of benefit applicable to him in (b) above. (5) A deferred annuity on the life annuity form commencing at normal retirement date for each pa#ieipantParticipant -who has not reached his normal retirement date in an amount equal to the amount of basic benefit the Participanthe would be entitled to if the Participant'shis normal retirement date were the date of termination of this plan less the amount of benefit applicable to hi in (2), (3) and (4) above. Provided, however, that if there are insufficient funds to provide any category of such annuities, the amount of annuity to be provided for each paAkipantParticipant in that category shall be reduced by a uniform percentage. If by reason of actuarial error the purchase of such annuities as is provided for in (1), (2), (3), (4) and (5) above does not exhaust the funds, any excess shall be paid by the ;ins ",,anee eempany to such employer-Employer. (Ord. No. 528, 12 -7 -65; Ord. No. 21 -70 -697, § 9, 10 -6 -70) Sec. 16 -23. Limitation of pension benefit payment. (a) Any provision in this plan to the contrary notwithstanding, during the ten -year period following the date the plan is initiated the benefits provided hereunder by the erxpley®rEmployer's contributions with respect to its twenty -five (25) highest paid empleyeeEmployees on the date the plan is initiated who then become or who may thereafter become paAieipantParticipants and whose pension benefit at normal retirement date will exceed Page 20 of 26 Ord. loo. 16 -08 -1951 one thousand five hundred dollars ($1,500.00) annually will be subject to the following conditions: (1) The benefits payable to any such empleyeeEmployee or his survivor (in the event of the death after retirement) shall not exceed those purchasable by the larger of (a) and (b): (a) Twenty thousand dollars ($20,000). (b) Twenty (20) percent of the average regular annual compensation up to fifty thousand dollars ($50,000.00) of any such empleyeeEmployee multiplied by the numbers of years the plan is in effect. (2) As long as this plan remains in full effect and its full current costs have been met, the provisions of this section shall not restrict the payments of either full pension benefits to any retired paAieip Participant or full survivor's benefits on account of any deceased paftierrtParticipant. (3) In the event of termination of this plan, the terms and conditions of Florida Statutes 185.37, entitled "Termination of Plan and Distribution of Fund" shall govern for police officer Participants. (b) In no event may a Participant's annual benefit exceed the lesser of: (1) $90,000 (adjusted for cost -of living in accordance with Internal Revenue Code (IRC) Section 415(d), but only for the year in which such adjustment is effective), or (2) One hundred percent of the average annual compensation for the Participant's three highest paid consecutive years; however, benefits of up to $10,000 a year can be paid without regard to the 100 percent limitation if the total retirement benefits payable to a Participant under all defined benefit plans (as defined in IRC Section 414(j)) maintained by the City for the present and any prior year do not exceed $10,000 and the City has not at any time maintained a defined contribution plan (as defined in IRC Section 414(1)) which the employee was a Participant. (3) If the Member has less than ten years of service with the City (as defined In IRC Section 4150(5) and as modified by IRC Section 415(b)(6)(D) , the applicable limitation in parag_rap (1) or paragraph 2) of this subsection shall be reduced by multiplying such limitation by a fraction, not to exceed one. The numerator of such fraction shall be the number of years, or part thereof, of service with the City; the denominator shall be ten years. (4) For purposes of this subsection, the "annual benefit" means a benefit payable annually in the form of a straight life annuity with no ancillary or incidental benefits and with no Member or rollover contributions. To the extent that ancillary benefits are provided, the limits set forth in paragraplis (l) and (2) above will be reduced actuarially, Page 21 of 26 Ord. loo. 16 -08 -1951 using an interest rate assumption equal to the greater of five percent or the interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. (5) Except with respect to distributions on or after January 1, 1997 to "Qualified Police Officers,'' as that term is defined in Section 415(b)(2 (G) of the Code, if distribution of retirement benefits begins before age 62, the dollar limitation as described above shall be reduced actuarially using an interest rate assumption equal to the greater of five percent or the interest rate used in the most recent annual actuarial valuation; provided however, retirement benefits shall not be reduced below $75,000 if payment of benefits begins at or after age 55 and not below the actuarial equivalent of $75,000 if payment of benefits begins before age 55. If retirement benefits begin after age 65, the dollar limitation of above shall be increased actuarially using an interest assumption equal to the lesser of five percent or the interest rate used in the most recent annual actuarial valuation. For purposes of this subsection, the "average annual compensation for a Participant's three active Participant of the Plan. (c) Distributions in Plan Years Beginning After December 31, 1986 Benefit payments to a Participant must commence no later than the April 1 of the calendar year immediately following the calendar year in which the Participant attains age 701/2, or with respect to plan years beginning on or after January 1, 1997, the later of (i) the calendar year in which the Participant attains age 701/2, or (ii) the calendar year in which the Participant retires. For Participants whose benefits commence after April 1 of the calendar year following the calendar year in which the Participant attains age 701/2, such Participant's benefit amount (including any additional benefit which is accrued after such date) shall be actuarially increased for the period between (i) April 1 of the calendar year following the calendar year in which the Participant attains age 701/2 (or the end of the Plan year in which any additional benefit is accrued)and (ii) the Participant's benefit commencement date. Such actuarial increase shall be determined using the interest and mortality assumptions used for the purposes of Actuarial Equivalence, and may be offset to the extent an actuarial increase is otherwise provided due to delayed retirement. ( 1) Distributions to a Participant shall not extend beyond the life of the Member or the lives of the Member and his designated Beneficiary, or over a period not extending beyond the life expectancy of the Member or the life expectancy of the Member and his designated Beneficiary. (2) If distribution has commenced to a Participant, and such Participant dies before receiving such entire interest, the remainder of such interest shall be distributed over a period at least as rapidly as under the method of distribution in effect prior to such Participant's death. (3) In the event distributions have not commenced to a Participant prior to the Participant's death, the entire interest of the Participant shall be distributed within five years after the death of such Participant. However, such fire -year rule shall not apply if M portion of the Participant's interest is payable to a designated beneficiary, where such Page 22 of 26 Ord. No. 16 -08 -1951 portion will be distributed over the life of such designated beneficiary, or over a period not extending beyond the life expectancy of such beneficiary beginning not later than one year after the date of the Participant's death or such later date as the Secretary of the Treasury ma by regulations prescribe. If the designated beneficiary is the surviving eligible pouse of the Participant, the date on which the distributions would be required to begin shall not be earlier than the date on which the Participant would have attained age 701/2. If the surviving eligible spouse dies before payments are required to commence, the five -year rule shall be applied as if the surviving eligible spouse were the Participant. (Ord. No. 528, 12 -7 -65; Ord. No. 868, § 1, 8 -5 -75) Sec. 16 -24. Limitations generally. (a) Plan exclusively for empyeeEmployee's benefit; definition of plan. This pension plan is created for the exclusive benefit of empleyeeEmployees of the empleyefEmployer and their beneficiaries, and shall be interpreted in a manner consistent with its being a qualified pension plan as defined in section 401(a) of the Internal Revenue Code of 1954, as the same may be amended from time to time. This section cannot be altered or amended. (b) Funds restricted. Except as provided in section 16- 22(b), no funds contributed to this plan and no assets of this plan shall ever revert to, be used or enjoyed by the empleyerEmployer nor shall any such funds or assets ever be used other than for the benefit of empleyeeEmployees of the empleyerEmployer or their beneficiaries. This section cannot be altered or amended. (c) Compliance by parties, claimants. All parties to this plan and all persons claiming any interest whatsoever hereunder agree. to perform any and all acts and execute any and all documents or papers which may be necessary or desirable for carrying out any of the provisions of this plan or of any amendments to this plan or for complying with any federal or state disclosure laws. (d) Plan is not contract of employment. The pension plan shall not be construed as creating any contract of employment between the empleyerEmployer and any of its empleyeeEmployees. (e) Alienation of proceeds, levy, etc.; prohibited. No paFtieipantParticipant shall have any right to assign, alienate, anticipate or commute any payments hereunder; and, except as otherwise prescribed by law, no payment shall be subject to the debts, contracts or engagements of any payee, nor to a judicial process to levy upon or attach the same for the payment thereof; except the recipient of any monthly benefit may authorize the bear- of tfuste°s-Board of Trustees to withhold from the monthly benefit those funds necessary to pay for the benefits being received through the eityCity, to pay the certified bargaining agent of the city, and to make any payments for child support or alimony. (f) Laws of Florida applicable. This plan shall be construed according to the laws of the State of Florida where it is made and where it shall be enforced. Page 23 of 26 �?rd. loo. 16 -08 -1951 (g) Gender; number. Wherever used in this article, the masculine gender shall include the feminine gender and the singular shall include the plural. (h) Lump sum payment. If at any time it is determined that monthly payments to be made at any time or at any future date to a paAkipantParticipant will be less than ten dollars ($10.00) each, a lump sum payment wWmay be made in lieu thereof. (Ord. No. 528, 12 -7 -65; Ord. No. 1868, § 1, 12- 20 -05) Sec. 16 -25. Deferred compensation program created; administrator. (a) There is hereby established a deferred compensation program of the City of South Miami. (b) The city manager is hereby designated as the official to approve and administer a deferred compensation plan as required by state law. (c) The city attorney is hereby designated as the appropriate official to determine, in accordance with the requirements of F.S. § 112.215(6)(b) (1976), whether the compensation deferred under any plan approved by the city manager will not be included in the Participantsempleyees taxable income under the federal or state law until it is actually received by such Participanteff44eyee under the terms of the plan, and that such compensation will nonetheless be deemed compensation at the time of the deferral for the purposes of social security, the pension pl of the City of South Miami or for any other retirement, pension or benefit program required by law. (d) The deferred compensation program authorized hereunder and any other plan approved and adopted as herein provided, will exist and serve in addition to any other retirement, pension or benefit system established by the federal government, the State of Florida or the City of South Miami, and shall not supersede, make inoperative or reduce any benefits provided by the Florida Retirement System or by any other retirement, pension or benefit program established by law. (Ord. No. 929, §§ 1--4,3-1-77) Sec. 16 -26. Pre - retirement survivor annuity. Notwithstanding any other provisions of this plan, in the event of death of any qualifying Participant with a vested benefit a pre- retirement survivor annuity will be provided to the spouse of such Participant ' , provided the paf&- ipaxtParticipant and spouse have been married throughout the one -year period ending on the date of the paftieipantParticipant's death. Commencing with the first plan year beginning after December 31, 1984, any qualifying partic-i-parrtParticipant who attains suchhis annuity starting date shall receive his/he benefit in the form of a qualified joint and survivor annuity, unless otherwise elected with appropriately witnessed spousal consent. The amount of the survivor annuity shall be the minimum amount required under section 401(a)(11) of the Internal Revenue Code. If any qualifying paFtieipflfAParticipant has designated a person, persons or entity other than his or her spouse as the benefietar-yBeneficiary of any plan benefits payable Page 24 of 26 Ord. No. 16 -08 -1951 upon his death of the Participant, such Beneficiary is entitled only to such benefit, if any, as is in excess of the qualified pre - retirement survivor annuity payable to the surviving spouse described above.. A qualifying paAdeipantParticipant is any married pai4ieipantParticipant who completed at least one hour of service (or paid leave) on or after August 23, 1984 who has yet to attained annuity starting date under the plan. A vested paAkip Participant who is not credited with at least one hour of service on or after August 23, 1984, may elect, during the election period, to have the qualified pre- retirement survivor annuity coverage apply if such pafk pairtParticipant (1) had at least an hour of service in the first plan year beginning after December 31, 1975, (2) had at least ten (10) years of service under the plan and a non - forfeitable right to at least part of the accrued benefit derived from e yerEmployer contributions, and (3) has not yet reached his owe annuity starting date. The election period referred to in the previous sentence is the period beginning August 23, 1984, and ending on the earlier of the pipa-rrtParticipant's annuity starting date or the date of the partieipa articipant's death. A vested paAieipantParticipant who is not credited with at least one hour of service for any plan year beginning after December 31, 1975, may elect, during the election period, to have the ERISA survivor annuity rules apply if such paAieipantParticipant (1) had at least one hour of service during the period commencing September 2, 1974, and ending with the last day of the plan year commencing in 1975, (2) has not yet reached his -er her- annuity starting date, and (3) has attained the later of the qualified early retirement age under the plan or one hundred twenty (120) months prior to the normal retirement date. The election period referred to in the previous sentence is the period beginning August 23, 1984, and ending on the earlier of the pa#kipa Participant's annuity starting date or the partieipantParticipant's death. The paftieip Participant shallAill not bear any part of the cost of providing the pre- retirement survivor annuities described above, howeveranwillshall bear the cost of any joint and survivor annuity provided at the annuity starting date. The survivor annuity benefits otherwise provided by this section are subject to any qualified domestic relations order, as defined by Internal Revenue Code, section 414(p), and such benefits shall be provided only to the extent that provision of the benefit is consistent with the terms of the order. (Ord. No. 1239, § 1, 3 -5 -85) Secs. 16- 27-- 16 -29. Reserved. Section 2: Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 3: Authority is hereby granted to codify this Ordinance. Page 25 of 26 Ord. No. 16- 0841951 Section 4: This Ordinance shall become effective upon adoption. PASSED and ADOPTED this 20TH day of MAY, 2008 ATTEST TY CLE 1St Reading - 5/6/08 2nd Reading- 5/20/08 READ AND APPROV -AS�TO FORM ORNEY •' COMMISSION 'MTE: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea WAMy Documents\resolutions \Ordinance Pension Plan Restatement 2008 (2)First Draft.doc Page 26 of 26 Gabriel Roeder Smith & Company One East Broward Blvd. 9154.527.1616 phone GRS Consultants & Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301 -1872 www.gabrielroeder.com May 16, 2008 Ms. Julee Good Benefits USA, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, Florida 33319 Re: South Miami Pension Plan Dear Julee: As requested by Kenneth Harrison, Esq., we have performed an actuarial review of the attached proposed Ordinance including the revisions to Section 16 -14. Based upon our review, the proposed Ordinance: 1. Provides for a restatement of the Plan to consolidate the various amendments made over time to the Plan. 2. Clarifies the provisions of the Plan. 3. Provides administrative amendments to the Plan to comply with State and Federal requirements. 4. Provides for severability. 5. Provides for codification. 6. Provides for an effective date. The proposed Ordinance is a restatement of Plan provisions that reflect administrative and Plan benefits resulting from bargaining and other Plan documentation that have been recognized in relevant actuarial valuations. Based upon the actuarial assumptions and methods and Plan provisions considered in the October 1, 2006 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding of State funding requirements. We are available to respond to any questions concerning the above. Sincerest regards, p D v Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure cc: Kenneth R. Harrison, Esq. Sec. 16 -14. Pension benefits and retirement date. Basic Benefit (2) General employees (a) Effective October 1, 1993, the pension benefit accrual rate (multiplier) for general employee Participants, shall be increased from 1.6 percent to 1.8 percent for services performed in the 1993 -1994 fiscal year. (b) Effective October 1, 1994, the pension benefit accrual rate (multiplier) for general employee Participants, shall be increased from 1.8 percent to 1.9 percent for services performed in the 1994 -1995 fiscal year. (c) Effective October 1, 1995, the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 1.9 percent to 2.25 percent for services performed in the 1995 -1996 fiscal year. (d) Effective October 1, 1996 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.25 percent to 2.50 percent for services performed in the 1996 -1997 fiscal year. Effective October 1, 2001, the ep nsion benefit accrual rate (multiplier) for eg neral employee Participants shall be 2.25 ep rcent for all services performed through September 30 1998. (e) Effective October 1, 1997 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.50 percent to 2.75 percent for services performed in the 1997 -1998 fiscal year and thereafter. Effective October 1, 2001, the pension benefit accrual rate (multiplier) for general employee Participants shall be 2.50 percent for services performed in the 1998 -1999 fiscal year and 2.75 percent for services performed thereafter. (fl Effective October 1, 2002, the pension benefit accrual rate (multiplier) for general employee Participants shall be 2.50 percent for all services performed through September 30 1999, and 2.75 percent for services performed thereafter. SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman* Howard S. Susskind Kenneth R. Harrison, Sr. Noah S. Warman D. Marcus Braswell, Jr. Pedro A. Herrera Ivelisse Berio LeBeau o Board Certified Labor & Employment Lawyer April 29, 2008 100 Miracle Mile Suite 300 Coral Gables, Florida 33134 (305) 529 -2801 Broward 327 -2878 Toll Free 1- 800 - 329 -2122 Facsimile (305) 447 -8115 z" a �r �e' �J City Commission City of South Miami c/o City Manager 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami Pension Plan - Summary of Proposed Plan restatement Dear Commission Members: This firm represents the City of South Miami Pension Plan. Our client has directed that we provide an overview of the enclosed proposed Plan restatement to be considered by the City Commission. The Board of Trustees of the Retirement Trust Fund recommends adoption of this proposed Plan restatement as an amendment to the existing code, to bring the plan into compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), Chapter 185 of the Florida Statutes and certain Internal Revenue Code (IRC) requirements to maintain tax qualified status. This current codified pension plan ordinance has been amendment several tines, either via the collective bargaining process or commission action. Several of these changes were not included in the codified plan ordinance as it is published in the on -line Muni -Code. The proposed Plan restatement is a re- writing of the existing Plan ordinance in a more readable format. In addition to this format revision a few provisions were eliminated as they had been rendered obsolete by certain amendments to the Plan and revisions were ,.Wade or added to comply with USERRA, chapter 185 of the Florida Statues and IRC requirements. The board believes that enactment of the proposed Plan restatement would beneficial to the city as it will provide a single updated document that states the most recent revisions and compliance with state and federal requirements. City Cominission ' City of South Miami April 29, 2008 Page 2 The Pension Plan actuary has provided a statement of impact for your consideration prior to final reading and enactment of this Plan restatement. We remain available to respond to any questions you may have on this matter. Yours truly, KENNETH R. HARRISON, SR. /krh cc: Board of Trustees Larry Wilson, Actuary, Gabriel, Roeder, Smith & Co. CITE' OF SOUTH MIAMI PENSION PLAN SPECIAL MEETING April 11, 2008 MINUTES Chairman Cassel called the special meeting of the Board of Trustees of the City of South Miami Pension Plan to order at 9:00 a.m. on April 11, 2008 at the City of South Miami City Hall Commission Chambers. TRUSTEES PRESENT: Bradley Cassel, Doug Baker, Mr. De la Torre, and Rita Torres ABSENT & EXCUSED — Peter Isere OTHERS PRESENT: Pete Prior of Benefits USA, Inc., Kimberly Kutlenios and Fred Johnson of Fifth Third, Robert H. Baker III of USBank, and Ann M. Canner and Felecia Relief of Comerica Bank. UNFINISHED BUSINESS RFP Custodian Decision Firth Third Bank Mr. Fred Johnson and Ms. Kutlenios addressed the board regarding the bank. Mr. Johnson said the bank was founded in 1858 with headquarters in Cincinnati, Ohio and they are the tenth largest financial institution in the United States. Fifth Third Bank has $223 billion in assets under care with over 80 years of custody experience and over 500 institutional custody relationships with assets over $78 billion for public entities. Mr. Johnson noted that some of the local clients are on page three, such as the Melbourne Firefighters and General Employees, St. Augustine Firefighters, Lake City Firefighters and Tamarac Police and General. Ms. Kutlenios said that the trustees would have online access, if they want, as well as for the money managers and consultant. It was noted that the money managers will only be able to see their own statements, they cannot see other manager's statements but the trustees can. Ms. Kutlenios also said that Fifth Third will provide all the distribution forms in either Microsoft Word or Excel. Mr. Johnson said that the fee is 4 bps and is all inclusive. With all the relationships in Florida, contractually Fifth Third has no issue as they work with the board's attorney on several mutual clients. Comerica Incorporated Ms. Ann Caner and Ms. Felecia Relief addressed the board regarding the services they provide. Ms. Caner said that they have a large presence with Taft Hartley employees and their pensions, as well as municipal employee pension plans. Ms. Caner noted that the bank was established in 1849 in Dallas, Texas and is among the 20 largest banking companies in the United States with 400 offices located in Michigan, Florida, California, Texas and other states. Ms. Caner noted that she is the local representative for the State of Florida and Felicia is the pension account representative. Chainnan Cassel asked if there are any administrative fees in the sweep accounts. Ms. Caner replied that the sweep accounts are all institutional and have no additional fees to the board. Ms. Relief cone mented that the 10 year certain notification is reviewed on a semi- annual basis with the Social Security Administration, as well as online documentation that the retiree is eligible to continue to receive benefits. The bank also provides custody online, downloading capabilities, historical pricing and custom reports. Chainnan Cassel asked if they would train certain people to assure the forms are filled out correctly and Felicia said yes. They can come down to the office or have a WEBX training session as well. Ms. Caner said that although they are ranked in the top 20 banks in America, they service clients from one million dollars to one hundred million dollars, providing service to clients such as South Miami. TT-q- Rank Mr. Buker addressed the board thanking them for the opportunity to present USBank to the Trustees. Mr. Buker said that USBank is the sixth largest financial services holding company with $238 billion in assets. They have over 2,518 banking offices in 24 states serving Endowments & Foundations, Taft - Hartley and Public Entities, to naive a few. Ms. Glenda Webb and Ms. Carol Millican would be the two employees of the bank that are the client representatives for this account. Mr. Buker noted that the fund invests in the highest money market accounts available (Institutional) with no additional fees to the board. Mr. Buker said that the sweeps are reviewed weekly and can be provided to the trustees via email on a weekly basis if needed. The trustees, administrator and consultant can have online access to the account as well and USBank can provide any custom documentation that may be needed. Mr. Buker noted that the TrustNow Essentials is part of the SEI software. US Bank is the largest client of SEI, who provides two employees to the technology division. The bank also serves St. Johns County, Indian River, and St. Petersburg General. Conclusion of Review Chairman Cassel asked the board to consider the managers and if anyone has any recoininendations. Trustee Baker said he has a preference for Fifth Third and US Bank. The technology for US Bank is very impressive. Trustee De La Tone said he favors US Bank because of their depth of services, such as the quarterly death inquiry. After much discussion, Trustee De La Torre moved to retain US Bank, pending the board attorney to review the contract and the provisions of the proposals. Trustee Baker seconded the motion and the motion passed. REPORTS: Chairman Discussion on Revised Audit Chainnan Cassel noted that the revisions were completed Tuesday night at midnight and the amendments have been made to both parties satisfaction. Mr. Prior said he would send a revised copy to the city. Report on update of Pension Ordinance & Qualification of Pension with IRS Chairman Cassel also spoke on the review of the ordinance and is asking the trustees for permission to provide the ordinance to the city council after review from council and chairman. The ordinance for the qualification of the plan was reviewed again with the chairman and the board attorney and this should be concluded soon. Chairman Cassel said he has been contacting Attorney Harrison on the matter via email. Chairman Cassel noted that since has been working on this matter for quite some, it would be appropriate for the board to approve him to contact the city regarding the ordinance. Trustee De La Torre moved to have Chairman Cassel provide the ordinance and backup to the city, and any other follow up required, which Trustee Baker seconded and the motion passed. ADJOURNMENT: Chairman Cassel moved to adjourn the meeting at 12:00 p.m. and seconded by Trustee Baker. The motion passed 4 -0. Secretary ( Ordinance No. 24 -06 -1892 with PBA Contract) ORDI NANClC+ NO. 24-06-1892 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AM LENDING THE CUTS' OF SOUTH MIAMI PENSION PLAN SEC'T'IONS 16 -14(B) "PENSION A ND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR � O � SLI1� ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDUTNIG FOR AN EFFECTIVE DA'T'E, WHEREAS, the City of South Miami desires to provide compliance with collective bargaining agreement currently in existence between the City and its several recognized Employee Labor Organizations; and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Dart I, provisions governing the South Miami Pension Flan, Section 16 -14(b) of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -14. Pension benefits and retirement date. (b) Amount of pension. The yearly amount of pension payable to a participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount equal to the participant's number of completed years of Credited s ervice multip lied by a percentage of q r- -a herein. as - - geteber + A. ly- i- - Page 1 of 4 Ord. No. 24 - 06 -1892 (1) Basic benefit. A basic benefit eo e ein W -yee'° ri ^,- _�, .. b �Y J b eempeesa�gon by the numbar of his/her- ` y-e��eredi, — service at his yr � tuammnt �wtefor Participants retiring prior to October 1 1970 shall be determined by multiplying one and six - tenths (1.6) percent of the Participant's Final average compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the empley-ee-ParticiDant prior to his/her twenty -fifth birthday. However, as to those pParticipants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service and any additional service completed by hi qae+the Participant prior to his/her twentieth birthday and/or additional service completed by the employee prior to the time the employee became a pParticipant. Effective October 1, 1995 the pension benefit accrual rate (multiplier) for general employee particiaants, excludin police personnel, shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal ' effective October 1 1996, the pension benefit accrual rate (multiplier) for general Mplopeparticipants excluding police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year. Effective Septernber 30 1999 the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel, shall be increased from 2.0 to 2.50. Effective October 1, 1999 and thereafter, the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel, shall be increased from 2.50 to 2.75. GL or sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services performed in the 1993-94 fiscal year; effective October 1, 1994, the ' pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96* fiscal year; effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50 eMe6ve Onto e 1, 1906, for services performed in the 1996 -97 fiscal year; effective October 1,' 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75, effeeti-ve Geteber i;-1997, for services performed in the 1997 -98 fiscal yeari and- +h °rea effective October 1, 2001, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.75 to 2.80; effective October 1, 2003, the pension benefit accrual rate (multi hp �er) for sworn police personnel shall be increased from 2.80 to 2.90, effective October 1, 2003 and thereafter the pension benefit accrual rate. (multiplier) for sworn police personnel shall be increased from 2.90 to 3.00.T4e -2- ord. No. 24 -06 -1892 eff1playee sh-a", be applied as pfescribed in the 111,19-2 1933 --d - 1995 96 eageetwe b Provided, however, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two (2) percent for all years of service. Secti6h 2. Part 1, Provisions governing the South Miami Pension Plan, Section 16 -19(a) of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -19. Contributions. (a) Each pParticipant shall contribute in each calendar year towards the cost of lithe Participant's pension an amount equal to three, (3) percent of lithe Participant's earnings. With the exception of sworn police rs , no pl!aFticipant shall make any contributions toward the cost of any past service pension to which hethe Participant is entitled under this plan. The eEmployer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The eitylgErnployer's contributions shall be deposited into the pension plan on at least a quarterly basis. Effective October 1, 1995, the pension contribution for all general employee Participants including those eg neral employees that are now members of the Plan shall be increased from three {3) percent to five (5) percent of earnings. Sworn police personnel, including bargaining unit employees, that are now members of the Fetiferaent sy-st Lan and any sworn police personnel who join the r°¢_ement tem:P an in the future shall, effective October 1, 1993, have their contribution increased from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, sworn Police personnel shall contribute seven and one -half (7.5) percent of earnings. (1) Should, the cyEmployer's annual contribution be actuarially determined to exceed twelve (12), both the city Ern 21 over and the empl )yeL-.Participants wiRshall share equally the amount in excess of twelve (12) percent for that fiscal year. - ee4ve -0-tobe eoifi far- i geneM employees, ineluding these employees t4a new members of the retkemeRt sy-stem , PeTeetit t(five Effi��ive n 1 eteber I -2001 e effism =ill eentr-ibute seven and - ene half -(7.5) peree4 t of Effective October 1, 2005 should the Employer's annual contribution be actuarially determined to exceed (14) fourteen percent, both the Employer and the general employee Participants shall share equally the amount in excess of fourteen 14) percent for that fiscal year. Effective October 01, 2004 lif the total sworn police -personnel contribution and eifyEmployer contribution exceeds se ente n 47� fifteen -3- Ord. No, 24 -06 -1892 1, U55 percent of covered police payroll for any fiscal year, the excess over s &veatee (14) Been (15) 'percent shall be &vi4ad and shared equally by the ci yl;mployer and sworn police g�- �&person_neI Participants. Sworn Ppolice personnel Participant contributions shall be deposited in the Plan immediately after each pay period. Effective October 1, 2001, a minimum of twelve thousand four hundred ninety -eight dollars ($12,498.00) willshall be paid from the South Miami Police Officers Retirement Trust Fund to the Q Van each year, regardless of the growth or diminution in future Chapter 185 funds, in partial exchange for the retirement after A25 years of Credited service and e benefit improvement. Section 3: - If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4: All ordinances - or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this 28'h day of November, 2006 ITTEST: �1 Y L Y CLERK 1st Reading — 10/17/06 2-d Reading 11/28/06 POWTAIVIXIMHORWOW"Ite "IF MU uls _ igueredo, ffice of City Attorney, Nagin Gallop & Figueredo, P.A. APPROVED: " M YOR COMMISSION VO' E: 4-0 Mayor Feliu: Yea Vice Mayor Wiscombe: absent Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Sou0h Miami � e�- t�ne�caeH� 'CITY OF SOUTH MIA��fijj I ��" ��}} ° {MCARPDQ OFFICE OF THE CITY �9fEiF.NAGER 69T7 t TE - OFFICE MEMORANDUM zoos To. `1 he Honorable Mayor Felix and Members of the City Commission Mao- Yvonne S. McKinley, City Manager � From: Jeanette Navarro, Human Resources Manager Date. October 17, 2006 Item No. Sunlr eet> UPDATING PENSION ORDINANCE SECTRON 16 -14 (D) AN, D SECTION 16 -19 (A)- Req eGta AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH AUAAII, FLORMA 1- RIEN ING TM, CITY OF SOUTH H AlLkAU PENSION PLAN SECTIONS ONS 16 -Il4.(B) 66PENSION AND RETIRE MENT DATE' AND SECTION 16 -19(A) 66CONTRIBUTIIONS ", PROVIDING IDING FORCONTLLkNCE IT H CURRENT COLLECTIVE BAR -A NG AGCFElklE T 3E rJ E 'k' CITY OF SOUTH. M Lp A U AND RECOGNIZED E LOYEE L A�13ORORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN E FdC I yE DATE. Reason/Need: A letter was received from Pension Attorney wherein it was indicated that there were inconsistt -mcies with the ordinance and collective bargaining agreements related to the pension. Upon review, it was determined that certain areas of the Pension. Ordinance must be updated to reflect cram t ,provisions agreed upon by the City and all bargaining units (PSA and AFSCM E). Cost: Fundfir.g Sau�reeo Backup Documentation- Letter from Pension Attorney Letter from Actuary Collective Bargaining Agreements for PBA and AFSCIVM Gabriel Roeder Smith W Company 301 l=ast Las Olas Blvd. 954.527.1616 phone G S- Consultants & Actuaries Suite 200 954.525.0083 fax Ft. Lauderdale, FL 33301 -2254 wwwgabrielroedercom October 13, 2046 Ms. blaydee Lopez Benefits USA„ inc. 3S 10 Inven-ary Blvd., Suite 208 Lauderhill, Florida. 33319 Re: City of South ffflami Pension PION Dear Haydee: As requested, we have perfbrmed an actuarial review of the attacked proposed Ordinance. Based upon our review, the proposed Ordinance: I . Increases the multiplier for General Employees, 2. Increases the multiplier for Police Officers.' 3. increases the employee contribution rate for General Employees. 4. Increases the employee contribution rate for Poke Officers. 5. Provides for cost sharing of contributions between the General Employees and the city. 6. Amends the terms for cost sharing of contributions between the Police Officers and the City. 7. Provides for a transfer of State funds from the South Miami Police Officers Retirement Trust fund to this Pension flirt to pay for certain minimum benefits. S. Provides for severability. 9. Provides for codification. 10. Provides for an effective date. The proposed Ordinance is a codification of Plan provisions that reflect administrative and Plan benefits resulting from bargaining and other Plan documentation that have been recognized in relevant actuarial valuations. Based upon the actuarial assumptions and methods and PIan provisions considered in the October 1, 2005 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding of State funding requirements. We are available to respond to any questions concerning the above. Sincerest regards, Lawrence P. Nilson, A.S.A_ Senior Consultant and Actuary Enclosure cc: Ms. Jeanette Enrizo- Navarro Kenneth R. Harrison, Esq. SUGAR MAN & SUSSKI D PRCOFESSIONAL ASSOCIATION ATTORNEYS S AT LAW Roberl A- Sugarman o 2801 Ponce De Leon Soulevor, Howard S. SLisskind Suite 75 Kenneth R. Harrison, Sr_' Coral Gables. Florida 3313 David E. Robinson (W5) 529 -280 D, Marcus Braswell. Jr. Broward'327 -287+ Pedro A. Herrera Toll Free 7-80D- 329 -212 z Board Cerlofied Labor Facsimile (345) 447-817, & Employment Lawyer My 13, 2006 La*ren(',e F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith .& Company 301. East Las Ochs Blvd. Spite 200 Fort Lauderdale, Florida. 33301 -2254 Re: City o� f "Sowh Miam Pension flair? Response to your letter. of March arch 30, 2006 bear MY. 'Wilson: This B. represents the Board of Trustees of the City of South Nuami .pe11sion plam ire have bean requested by the administrator of the plan to respond to the above referenced. letter. I order to respond to your inquiries we reviewed the ,prior and Guaent collective bargai'g agreements for the three employee groups and the =ent Klan document, err review of these documents concurred with your summate of the confll g provisions. WD have d sGussed these Items `4vith the Human an Resources DepartinGnt of the' city. They advisedd ass ffiat the muiiiplier numbers have been reconciled by side letter with the pl3A and we have requested a oapy of that la ter. Based oh this information, we cipiiae that the Trrior collective bEffilinigg agrgament G€rn •c partrG�ants. (fir review of the Wan docTumgnt found ��t ��r%c�n � � � =P�euf�.stzme c�xrf7icis ��tJz_ the current collective bargaining agreements. Section 16 -19 reads as- follows: Sec. 16-19. ConfribzVons (a) Each pgrticipant shall contribute in each c,�kndar yz� to-v,, the cost of his pension an arxrount equal to three (3) percent of his earnings With the exception of police offlcers, na participant shall make any contrthzitions toward Lawrence F. Wilson, A..SA. SgWor consultant and A.ctuW 1 Gabriel Roeder Smith & Company July 139 2006 Page 2 the cost of 0-nY past service pension to which he is,eniztled under this plan. 717e employer shall contribute the balance: of the cost, actuarially deterrnine,� of providing the benefits of the plan. Yhe- city',s contributions shall be deposited into the pension plan on at least a quarterly basis. worn police personnel including bargaining unit employees, that are now Members of the retirement system and any sivvorn personnel who join. the retirement system in the future shall effective October 1, 1993, have their -contribution increased, f -om. three (3) percent to free (5) percent. Should the city's annual contribution be act rally determined. to exceed twelve (12), both -the city and the employees will share equally the arnount in excess of fwelve (12) percent for thatfisccal year. Effective October 1, 1995, the pension contribution for all general employees, including those employees that are now members of the retirement system, shall be increased froN Three' (3) percent to five (5) percent. Effective October 1, 26107, sworn police officers shall contribute seven crud one-hay (7 5) percent of earnings. -rf the' total police contribution and city contribution exceeds seventeen' (17) percent of covered police payroll far any fiscal year, the excess aver seventeen (17) percent shall be divided in half ar d -shared equally -by the city and police members, police contributions shall be deposited in the pension plan immediately cter each , pay period Effective October 1, 2001, a mfnxrrzwn of twelve thousand four hundred ninety- eight dollars ($12,496. 00) will be piadd from the South Mi=z police Officers Retirement 7radst .Fund to the city pension plan each year, regardless 'of Me growth or diminution in facture Chapter. 185 funds, in partial exchange for the A25 and out bene, fit improvement. Ilds section was last amended by ordinance: number 1761 dated 10116101, indicated as follaws: (Ord No. 525, 12 -7 -65; Ord No. 1544, § 4, 9- 21 -93; Ord No. 1595, § 5, 11 -7- 9.5; Ord Nb_ 1761, § 5, 10-16- 01) Section 3d, Article 37 of lhe A=hiP —agmce ent_states_hat_.tbt_!�xnployee �vnfTibutian shall be 7% commencing the 1't year of the Aweement, which is I0 /1104 Section 16-19 above st.Ates that the employee contd- bution is 5 %, This is an obvious conflict, and we have asked the city to advise of the - correat percentage and if rued to amend the ordinance-. The agreement frther states that commeacement of tbje- second Year (10 /1/OS) should the total actuarially detenuined contribution exceed 14% then the excess amount shall be sham and eI11D oY S. However- e ar, a^c-C TT0 � 16 -1 �.teg t at , t e '1ti7 s La-q�Tence P. Wilson, A.S.A, Senior eon ul-tant and Acts Gabriel Roeder Smith &.Company. Iuly 13, 2006 Wage 3 contribution be actuarially determined to exceed 12% then the sharing takes effect. Again we . have requested 'the city to advise us of the coirect percentage and whether it is the. city's cont6bution or the total contribution that must be exceeded. The P B.A agreements contain. sitar I e in article 30 of tha Lts & Capts. .Agreemei t and Article 33. of the PO and Sgtso Agreement; both of which address pension Issues. 'Whose agreements cause the following concerns. state that effautiwe 1 istcat with section 1649 0 contribiAioxrs will be 7.51, which equally the excess am- ount, while section 16-19 states that should the total. police contribution and city contr3`bution exceed 1710 of covered police payroll for my fiscal year the excess over 17VD shall be divided in half and shared equally by the city and police Enenaber. Once again we Iave a cozfict and have asked the city to advdse us which percentage is correot iaion that the current co.Uective bamaini are of the oz)inion that the that rates language should be should r6main as,stated in. and 7.5% for polite participants. Further it is our 221nion that the sharing mf excess contribu�-Ton should take effect when 'the total contributioa. exceeds 14% for goneral employee participant. pfF&ctzve 1011105 and 15% for police participants effective 10111131. If you have any questions or concerns on our position please do not hesitate to ca?I our office direct. Yours truly, AKENNEM/e-I-J/ARRLSDN, SR- MM cc: Board of Trustees Ca:E1SR9P�1.-4CT%i\R�p orsela4CT'CTL.et�-oi3 QN1,�20D6 -Lt Gz-RS Gabriel Roeder Smith & Campany Consuftants & Actuaries March 30, 2006 Ms. I-laydee Lopez Benefits USA, Inc. 3810 Inverraty Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Man Dear Haydee: 301 East Las Olas Blvd- 454.527.1616 phone Suite 200 954.525.0083 fax Ft- Lauderdale, FL M01 -2254 v, �ww.gabrielroedetcol In order to complete the October 1, 2005 Actuarial Valuation for the above referenced plaza, we requested signed copies of the pension sections and the effective dates of the General Employees and Police Officers collective bargaining agreements in effect as of SeptembbeT 30, 2005. Upon review, we have identified wane inca�nSisterrcaG i,�tcrv�en eh� r.n11Pr.�i�; , h�r�oainin� agreements and prior Ordinances. poflce Officers The cuff ex?t bargaining agreement defines the retirement benefit percentages - in Article 33 Retirement Benefits as follows: For Credited Service: llxrough September 30, 1993 October 1, 1993 through September 30, 1994 October 1, 1994 through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 Octobt;r 1, 19917 anLL hcraafter . This is a reduced schedule from prior documentation. Percentage 1.60% 1.80610 1.90% 2.25% 2.50010 27 .1✓0!0 The prior collective bargaining agreement provided to us sigaed July 23, 20D2 provides for pension increases in Article 28 Compensation. Specifically, effective October 1, 2001 the fixture accrual rate is increased to 2.86%, effective October 1, 2002 the future accruai rate is increased to 2.90% and effective October 1, 2003, the minim'um retro accrual. rate is'2.0% and the future accrual rate is increased to 3.0 %. These `increases are also included iii the Si i=ary Plan Description (SPD) dated June 2002. Ms. Haydee Lopez March 30, 2006 Page Two Rased upon the above, the retirement benefit percentages in Article 33 Retirement Benefits should be: For Credited Service: Through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 through September 30, 2001 October L 200.1. through September 30, 20Q2 October 1, 2002 through September 30, 2003 October 1, 2003 and thereafter PercOntaR 2.00% 2.25% 2.50% 2.75% 2.80% 2.90% 3.000/0 ■ ; � &-FP 1 0-,-( 40 " �' o What schedule is correct and should be reflected in the October 1, 2005 Actuarial Valuation? 2. The current bargaining agreement states that Police Officers contribute 7.5% of pay however of cti've October 1, 2001, should the fetal contribution exceed -115.0 %, both the City and Police Officers are to share equally the amount in excess of 15.0 0/o. Based upon Ordinance No. 30 -01 -1761 signed October 16, 2401, Police Officers contribute 7.5% of pay. affective October 1, 2001, should the total count h-ution exceed 17.0%, both the City and .Police Officers are to share equally the amount in excess of 17.0 %. We note that the prior collective bargaining agreement signed July 23, 2002 and the SPD dated .tune 2002 required the Police Officers and the City to share equally should the total contribution exceed 15.0% effective October 1, 2001. Based upon the above, we have been utilizing the 17.0% threshold. What should the threshold be for the October 1, 2005 Actuarial Valuation? General Ea E10rees 1.- Bascd upon the current collective bargaining agreement, the employee contribution is 7.0% however effective October 1, 2005, should the total contribution exceed 14.01/6, both the City and Employees are to share equally the amount in excess of 14.0 %. Based upon the SPD dated .tune 2002, the employee contribution was 7.0 %. However, should the City contribution. exceed 12.0 %, both the City and Employees were to snare equally the amount in excess of 12.0 %. We understand that it was not the intent of the collective bargaining in place at the time for the employees to contribute more than 7.0% regardless of the City contribution amount. Ms. Raydee Lopez March 30, 2006 Wage Three Please confirm that the intent is that the City and General Employees should share equally in the amount in excess of 14.4% for purposes of the October I, 2005 Ar- tuarial Valuation. . Thank you for your assistance with our questions. - If you should have any questions concerning the above or if we may be of further assistance with this matter, please do not hesitate to .contact us. Sincerest regards, Lawrance P. Wilson, A.S.A. Senior Consultant and Actuary cc: Kenneth Harrison, Esq. jj:�J-,cA on the jDb shall be, pal(I ffiJ6, filll eight. hours -,7v-agf-, for tbP- 3. Anzyt,-MPIOYe'�- tMating idan advises that b�-, S!�Gum aot raura to wad-, day of ffij��; ac.Did--nt if thc-If phys that day. ,I by tb� agreement -tuffiar qmf, in thD interest Of Public 4. t, ,dt a manag�mmt ii-217t b Submit MPIDY(,--s at r2� fDr &11=, 'a to and wiffiout nati:s�a , and alwhol Lesting. &aid fi-,� Shall be in adffitio the aanud physic,3j and may Dccur not mare tbaa ODD thne' per omploycc eaffi ye-U. is fm�jh� M&r, to '0 5� It toDd and agreed ffi-,A all h�suas Pbrtai�g aDd Alcohol T� 9,ag be glImed by CRY Of South haam' Drug and Alcohol Pc"'Gy and V ,Tork Rnl,,s impj=erftd on JAarch 1, 2004. ECIZ33 1. Ear-hL bvgalning unh mplay� who redri-s an 15rtgffi of s ca or medieg digayflitY ra=jva a unp nd'idcz�c on 9ho , gade, promDtion -,7fad rh--JI ba- isgued a badge a, ati card clearly ME&-ed =rOtir-d7- 20 TfollovJing GhMgq in r-& Mp -n t bmeft are hereby agreod to: 1995, the b--ft--fit a=raal ra±P-- (muhiPlicy) shall be irr,rc--scd flvm 1.9 to 225%; (b) Effe�dva oc;bber 1, 1996, the b--acEt a=n�nl rate- (Mnhiplicx) s be used B:wn 2.23% to 1997, fl,5 benefit ac a4. rate-- (muMpHeT) S�h� ia=ased h7om ISO% to 175%4 (d) Th(,- Multiplies fiiea)-r t� b� VpHad at the time of re ent of P-�h bargai=g =it employce- shag b� vplied aS:6bJIDvr-.' L pDr BE y� of sm-,icp, p6or to' October 1, 19'93, tbe, Sh--U be 1.61K. For sar�i= r endarf--d dLuing ye;ar 19Y3• 94 (C)Dbb--r 1, 1993 ffirough S6ptr r 30, 1994), tbD mubjipliex shall be For s5rviceR rmdemd dming OclobDr 3, 1994 thmvgh Septemh5r 29, IL For services rendered fi-Gm GdDbex 1, 1995 tbrDugh September 3 0, 1996, ffia mifffipllm shall be 2-25 DK. IZ For sm-vice-s rcmdm-ed fmm Octob-ar 1, 1996 through Sr;pt=b--r 29, 1997, t MultiplieT shall be 2.50%k AT gervic;a-s rendered. ffam Scptembcr 30, 19,97 farward, the mujtjpjjer 5haR be 2.75"A. %Nme'n. 3. Ba- veld in thc: red=cuA Plan I , gaining unit employ=s, sball b-- 100% - - is completiDn of tan (10) Ye,--cs cOnti'mDM fuR-thee 'a &a redremmt PLm com4pjcj Aardiagjy, e gcdvD Oc6bz 1, 1993, all L, nit employ S in tha ,ftom=t phm w avc� as of Dox 1, I, b tan (10) and twerlY yea, of mnfmuD= ser ve Will ba I W19 vt5la& WM oa�>beT 1, 2 'bution to tb(,- reffi-',-m P DDI, the cmploym vmfn :b 7,5%L Sholdd the total cDatnbutim be �y, de c-,d tO excv-'d 15%, bath the Ci, f� employees wM share Dqpally ffie: the tote! "fT,'Lq6ua be ac-tu--rMy dev=iaud to be Me, tha City ---hall cOatv--Vut-- a tOW Of S.5%, Qad the empjayj-,es , l contnbute a total of 9-5'/D). • ff2 A- WX Im! Fm AgTfCTfy,-4& The (City agrc..e:� to 'baar the mct of tiiflm for Fp---iar1-DL-d o&icatioa murseg to befter dip ffi. Dfficels for tae p5r&mmcx-- of the parldmilax job aw Vor position in wEch. � vwy Vpjimfion for oNc-r6Dnal amstmc� shall br subi ect to tht,-. approval of thD CWd of pojif,-D and the Ofty Manac,;=. Smh approvai mush be Dbtained at least thirty (30) clays p'n'cr to the begaming Of any corpse. 3. If any applicagOn is SPPCOVC-d, guidelines for "Mbursement are as fc)"Dv" a) Soler of the com-,P, cost fDr a grave of "C" Dr b--tt5.r fcr undm�`P��IifY^' des; b) 5(PA reimbms5mmt Of the cOta—le CO-';t for a 9M& of '-B" or bvt�r fc;'r g�d� 0) Any such reimbursemmt shJrI be mz& only upon ,,Tz Mig-cicn of prof of the grades as prmid--d in sub-s,e cms a and b abov(-,; d) I- hp, craffit hour cost of my c*ursc-s Epprov(-,d shall be capped at -PhD rat-, riled by local publicly fmde:d univ5rsitics 2ad/6r community rOUe9c-`-- 115 C ffia Florida CR_A If tbp p-B_k dis I agT,,-eg with thcI action oonfemplatr'd by to City., tho EBk Shall ja=(-diaffIy roqucst n,,,gotiatjolls With the City to resolve the issu3 and to deferz rye the Par&S�'mutual ob"V-1fiDDS '0 comply With-these, laws. However, any of to Americans with collte,15jjon or claim ffiat the., City violate any pmvmon 'resolved through Disabilities Art or the Florida Civil R Aa shall be exclusively the gric,=C-5 available a dmini gtmfive- Or judicial r=e�de;s, and shall nc't be subje`r-t to procedure beMim 'IC LZ 39 TFRM OF A GREEMEN I shaH b . e� effective �-TM 1. Except as PIDYI erain, all provisions of this Agra=ent- ratMcatioa by to PBA aid the City. This Agreement shall remain in M forte. Mcl eff� -until and indludiag srptzmbaT 30, 2007. City of South Iviiami Date: /0 Date: Data, Date: EST D ate: ILI) 0 5 i a, m. d-z 169 Gray Clark jj lute: Data fohn Rivera, Prc ldent lade. PB 36 --- .. Is /,Iv-- 3y: Date: By: A tih Castro, PBA Represmtative, ATTEST: Date' ; P is 77 I FM S9 2. prior to the first negotigH n meeting, th,3 Ur ion shai€ designate up tO iWO (2) unit empioyeas who Sri €9 be paid their regrafar rate of pay.for amending rregotiatcons duffng work N!i ho.ich Pay shall riot exceed twantY (20) hors in each fiscal year ART €GLE 35 � EMERGENCIES n 1; The U Manager shah have the right, bra his sole and exajusi discreU nB I f to Beta ine if and to � exdent an emergency situation e�sfs � �sp��a � pity p�pa�f I ancyor to the cj&ans of the City. Immediately a air° maMng such Bete °srsation, the C ► anagees of xa shall notify toe Union of the decision, and, to the exam pDs;s'sb }e, the length of three the emergency GOndition is expected to continue. aeon 2: During dedarad ernai gancyn RH provisions of this Agreement may be suspended. Any provision so suspended vAl be rainstMed upon order of the Cidy Hagar aver the emerge y has ended. i See 3a DispLAes coe�e�rnir�g the Agreement arising d rirug fe tired ee erg�rvc i shall nDt be subjmc-i to the grl°v ° and arUnratlDn pmcadura ex it OsP M-,Ic&rffn9 I teary and ages. ART-ICLE 38 LABOR-MANAGEMENT GoWf°i TEE There shaft be a Labw-Kfianagemant COMM U99 consiWng of no more. t mn too ag ent rr--,pr-es-arrta^tives desrgr ted by the City Manager and no mDre than two barges Ming unit eMpjOy� appointed by the sider€t of tree L&ni . the �bo� l agerne€�t Corr�rr€s`�ee sh .11 meet as mutuaDp agreed up n by the parodpants, but neat €ass than �e rteriy. The sale fjzncdDn of the mrn she€ be to cis cuss ganer-J mars pprtaWng to errrpi ee Melons (e.g., safety , Thus, the pales agree that the p�j-rpos-- of the mi shag➢ r� i - to discuss grievance or ors Bch have been the st bjg ,oibe 9 b aining. Each bargaining urft CarrlrnMee rrserttber she €i � peed Fais or her regular saw for aftendanca at commune m ugs dreg the bargaining, unit member's raguiar work hours. I T) 37 IL- �$ctaon .the des mil forte a joint Pet�sic)n mmF-t� to study the meat pe�ion pion fbr bargaining unit empiDyeas and to sag', st arnertdr�°tera�s, if �r�f, to thg C Cor€�r� °ssicn L for conside-ratior, regarding rhangaa said plan. The Parties MaY appoint up ' o three ars shall b-_ the city each members 'h to the C_QrnmjdE_; hawaver, one of the C!Vs memb anage r anp one of jhq.Unlon's members shall be the Staff Representative from AFSGME M Florida ou ndil If the parges are not able to reach agreement on rec;ommandations to the C M CILLy Commission, both 91&_,s of the Committee may issue separate racornmandations. The -DmM" racarnmendejons are not blinding on the pity CoMmIsMon. Each bargaining unit C Ittee ffia, member shail be paid his or her regular salary for attendance at Comr, -Aftes meetings durlrig bargaining unit member's regular work hours. sa_cbon 2:. 1 he following changes in the pension am as follows: r be e Eff a oeo bar j, 19,95, the benafit.accrua (MUMPre ) rhaRl inor se from '1.6 to 13 b. rate (mLdflplieer) shaYl be incmased Efate October 1, 1995, the b-nafit aocruaJ ra from 1.8 to 2-0 "A. Effactva October 1, jqD7' the G .�r aai ratc- (mufflpflar) shail be lncr=atiad fTOM 2.0 to 2.25%. Effe0five lobar 1, jc_,98, the baneflt ac-r-Fusi rats (MuFdprjer) shy && b-- C-d') from 2.25 to 2-5%. I _Oga, the bane-fift a=TuEd Mate (MuMpner) zhaH be increased Effectiva OctDb�er 1, from 2.5 to 2.75% aml?Wad tn POSWons Doverad by SeofiDn 3. All bargaining unK amploYe-'s W11 nts folloWing peftsiDn p!an improverne; the unit on the date Of this agreement snail raDelve thi_ a. Th-- p=-MADn'MUIb.t;Pter shaft be ln6mased to 2-125 % effacAhpa OdDber 1, 2D1 , for all bargaining unit members, as part of pension Plan !mP veme�nts, from their a pension par6cipaSon date through Sept- mbar 30,199 5 b. The pension multiplier shag be !=-Saslad to 2.250 '/D effeoUva October 1 2001, f r all bargaining urdt m_-mbers as pwt of pamion plan impravarnanta, from the ir participation date through Septembar aD, 1997. c. or Tt-.- pension muMplier shall be inweasad to 2,50 effaaive October 1, 2DD2, IF ba wining merit members as part of the plan improvements, from weir rg par6cipa6on date through Saptember 30, IM. Fair the -,-Ir-,t year of this wflqotiva bargaining agmemenL the eMPIDY- 9 contriSuttion to the re-Ummant plan -doll be 7%. Upon c= M9nearDerA Df the second sjr--ment and thereafter, shDuld tha tot-,J 24 conbibLfjoo- be actuarially deteraiined to exceed 14%, both the City and the ernployeas will share equally the. sycess amount (e,g- should the total c*ntrlbuflon be actuadalbj determined to be 16 °I8, the GKy shah contribute a total of 8.00 % aDd Of 8%). the employees shall conbibut e a total .00 ARTICLE 33 WORK IN HIGHER —CLASSIFICATION An employee who is authorized by the Department Head to temporarily assurne the hre the duties of a higher pay status cl2ssftaflOn for three (3) consectAve work days it race P2Y rate of the lowest step of the higher cliassification or a one (1) step increase (whichever is highe'r) for all consecuffve hours %rcyrked in the higher classification after the above - referenced three (,3) consewtive work days. A 39 TERM OF AGREEKfi EMT AND —REOPENING se n Lifted by the City Gornriliss!On Of the OW Of _b'on J., This Agreement ha been re South Miami and LOMI 3294, American FsdaraUon of State, County, and Municipal Employe-a-S, AFL Imo, shall be op$rativa and aftc&a as of K& date & execution, and shall mntlnua until ptembar 30, 20D—. Se )Dn 2: Either party may require, by vidtten notice to the other, between April I st and not later . than June I st discussijons concarning, modiffcations df this Agreement on non financial Ensues, one issue chosen by the UniDn, and one issue: tftsan by ih� City. If nalther party shall submit such wrlitten notice during the. indicated period, this Agreement shall automatically be rensived, in its antirety, for the fbOoWlng fiscal years th9;r fter. T -d this 74daY Of 200 t HIS AGREEMENT Wgna FE folff bra r sue. Union Presidsnt ofty U-birk 25 OF SOOTH MIMI ig George Greene, Treasurer 9. The parties agree that any employee, refusing to submit to toxicology Or aJccGbQl testing conducted in accordance with the provisions of this Article may tesult m disciplinary action being taken against the employee up to and including dismissal. S Jesuit njur q�wploye�'.-- -:the- a t Sul of negligence by)` of ark on Y to, �P_ 0 hi the.eveot -Job i, �emplq ay EM benefits for a period not the such.- �ee will b P I? e Ho cil&ida'r days. fl L'Any employee injured on the job shall be paid the full eight (9) hours wage for the day of the accident if their treating physician advises that he should not return to work that clay. 12. Employees, covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. I Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. E .. 3 RETMEMIENT BENEMS CLE _3 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked 2. The following changes in retirement benefits; are hereby agreed to: (a) Efflective DGtob-_r 1, 1995' the benefit accrual rate (multiplier) shall be increased &orn 1.9 to 2.25%; '(b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50%; (c) Effective October 1, 1997, the benefit accrual rate (multipHar) shall be increased from 2.50% to 2.75%. '(d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as Mows: - 1. For all years of service prior to October 1, 1993, the multiplier shall be 1.66/o. For services rendered during fiscal year 1993-94 (October. 1, 1993 through September 30, 1994), the multiplier shall, be 1.8%. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9%. IT, -117or services rendered from October 1, - 1995 through September 30, 1996, the multiplier shall be 2-25%. M. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.5D%. IV. For services, rendered from September 30, 1997 forward, the multiplier shall be 2.759/c. 3. Bargaining unit employees shall be 100% vested in the retiren ent -plan when completion of ten (10) years continuous full-time service in the retirement plan is completed. accordingly, effective October 1, 1993, all bargainffig unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 25 h5 re:dremcnt plan v611 be 4. F_&,ctive October 1, 2001, the employee contribution to she % both. 7.5%. Should the total contribution be actuarially detf-rmined to exceed 15 total Z. he-City and the employees wilt share equally the excess arnouat(e should the contribution be actuarially determined to be 17%, the City shall contribute a total of 0.5% and the employees shall Contribute a total of 8.5 %)- 5, EFec&c October 1, 2001, in accordance with the -new provisions Of State Statute govermg -chapter- 195 Funds, the sum of $12,498.00 will be, paid fi-orn the Chapter 195 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 1005 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retiiement plan is mandatory for all employees hired after October 1; 1995- 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a ut-fform and nondiscrinninatory manner averaged over the last three (3) year period ending on the participant's retirement date date of disability, date of termination of employment, 'or date of tenninati on of the plan, whichever is applicable. S. The normal retirement date (thp,, earliest date a bargaining unit employee May retire wn-full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be nis allowed to apply for pen SiOn to purchase credit for active duty in the U. S. military service, up to a rna um of f"GUE (4) years in the South h6am! Retirement System, pursuant to procedures to be Promulgated by the City in consultation with the PBA� or permission to jo- zmployees covered by this Agreement shall be allowe d to apply f purchase credit for irnmediate past City service as a member of the bargaining unit up to a ma)dm�; of five (5) years in the South Nfiami Retirement System Rurmmt to procedures to be promulgated- by the City in consultation with the PDA- The actuarial and tochrdoal language is to be prepared by actuarial company, approved by the City and the PRA, and adopted by the Pension Board. Any condition. 'or impaiment of health of any police Officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, eries, resulting in total disability or death, shall be presumed to be, accidental and sufFered in the line of duty unless the contrary be shown by competent evidence. 11. For Retro and Fdture Pension Benefits applicable to fiscal years 20012004, see COMPENSATION MATRIX, Ai ficle 29. 34 Ex DUCATIONAL INCENINE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the chief of Police and the City Manager. such approval must be obtained at least thirty (3 0) days prior to the b egirrang of any course. 3. If any application is approved, guidelines for reimbursement are as follows: 26 MCME 27 SEVERABILM CLAUSE 1. Should any provision of this Agreement or any.part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this hgre meat shall remain in fi.ili force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or rarnifications of such action o €this Agreement. ARTICLE 29 COTYIPFNSATTON . Thhe following Compensation matrix is agreed (i?f'ective October 1 of the fiscal year). Year COLA Special :bets' Futa.re Employee Risk Pension Pension Pension Fay Cont c�r� 2001 ®02 5.00% $30 1.60% 2.80$/6 7.50% 2002.03 3.00% $35 1.80% 2.90% 7.50`�/a 2003 -04 2.00% $40 2.00% 3.00% 7.5 f1% . 2. Bargaining unit employees who serve as Field Training om— rs pursuant to the criteria below will receive a 7% supplement during the time that the employee per.€omis FTO duties. I order to receive the FTO .supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and a.chially perform PTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties_ The 7% FTO suppleinent will be added to the ernployee's base pay for the days during which the employee receives such supplement. 3. Bargaining unit employees covered by this Agrceamant who are wrnporarfly assigned to a higher rare shall receive the wages of their acting rank for each full day worked in the higher rank. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. 24ffi�MON AGAINST RF OPENING OF NEGOTIATIONS 1. Fxcept as specifically provided herein, neither party hereto shall be permitted to re- open this Agreement or any part of this Agreement. This Agreement contains the eatire agreement of the parties on all matters relative to wages, hours, working oonditious, and all other matters which Have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 21 to negotiate concerning the impact of such abolishment or n7erger propose upon this Agreement. 2. The abolishment or merger negotiations shall include discussion ®f provisions for the ts or, in the alternative, severance benefits. nlacemcnt of Personnel in other departmen o f TICLE 38 AKEENANS WITH DISABILITIES .ACT Notwithstanding arty other provision of this Agreement, the PBA agrees that the City may talcs rhatever actions may be et pct to ra deyreal reasonable accommodation Disabilities Act or'the P'larida Civil Rights F to individuals with disabilities as required under ds those accomplish this, the the � .� or City .shall Dot-ify the PBA of the action € n the Florida CPA. If the PBA disauees with the action contemplated ed by the City, the PBA shall immediately request negotiations with the .City to resolve the issue and to determine the .parties° mutual obligations to comply with these lags.. However. any contention or claim that the City violated any provisioo e r Americans with esolved through Disabilities Act or the Florida Civil Rights Act shall be exclusively available admird.st_rati e or judicial remedies, and shall not be subject to the grievance procedure herein. 1. �I�T�CI✓l� � 9 '� ��' � �R�l�l��l�l'li' I. Except as provided herein., all Z3rOvisiDDS of this Agreement shall be effective upon ratification by the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2004. 2. Both parties agree that the follow once b either aitno titer than Sul }'c1,�of that third years of this Agreement upon n y P year: (a) 55/10 Retirement (b) DROP Program Dade C OMty P lice. Ra+- �.grn�P.ThT1I�S ciation Dade Ca11nt7A PBA Is A 51P_ 1 Date: e7 /� � t TT'EST: City ClerkA '�/F � L•6 City of SO,rrLh lViaamt 0/- a r92 �1 28 MIAMI DAILY BUSINESS REVIEW rwsmr rrz nres= m+sew,ear.s�,dryw Mla+n, ul,mr.naea Caursy. Rands STATE OF FLORIDA ° COUNTY OF MIAME -BADE! 9ofam me unde signed authority parsomdly appeamd Q.V. FERBEYRE, vfig on nath says Brat M or she Is the SUPERVISOR, Legal Noaoes of Oho Miami Dally Business PiMm Oda Wwrd Review, a daily fu=ept Saturday, Sunday and Legal Hornfays) nawapapor, publ4z-trod at Mlaml in Miami-Dade County, Florida mat lbD ailadWd copy of advadlsement. Ldng a Legal Adwr65arnmrf of Notice In the maltarof CITY OF SOlfif! MIAMI FUSLICHEARING- NOVEMBER 7, 2005 - in the )O= Covd, was pWGrhad m said newspaper in the issues of I =7/20M AffiaM fudharsays met me said Miami Daily Business Review is a newspaper pub11,shed at Mami in said M-uunl•Dada County, Florida and 0iaf the said newspaper has hemtofma been Continuously pubfished In said Mfamt -Dada County Florida, mr-h day (except Saturday, Sunday and Legal HoOdays) andhas been entered asse :mat des mall matter at fire post office In Miami In Bald Mfamt -Dade County, Florida, for a peflod of one year neat preesding the Poe! publication of the atlachad copy of advaftemsnk and afflard furthar says that he or she has neither paid nor promised eaypawon, fum or corporation any disCVturl, rebate, mmmiselon or refund fur the purpose securin'g �r0 for pub6cdton N the seid Sv om to and suhscnbod before me ft 27 day of OCCTTOOBERR ,A.LT, ?A0o �r= air {rte- e (SF1J_) O.V. FER3E—YRE parsornlly known to me ,y� CherNt NrAaruxr ��,.�� tAY COmmCFion DDJa9;S0 %'k," F,res.ruly SQ 2Dae �% limml v ca nn 5mgsmm°' Tmd A� c,2 w mF37 wm 'D L$ N� C � ANO ��2�,mC@ Cq yltl m % g7gnm=Rag K mzm + '� Yj mo � �m nTO mS rn Y7xC vT� �Q xm Nm1 ammrm3 'nr >A mn�m zi 8� r3 m m�i+ a°'m rom 92. 0 9^ ¢ Zq O ' m rc m � p C T �� a o e@�no8�a�+ e ^m:�ma�°'M m -,oc �smmmmc e°P` v�t0 m $gin nmm�r�c mL Z. D z. :6 °m ��RCo P3 m� NO m�3mPEyc U) U) r handy giulde to this vviaek's 'Best' Bets' in TV and cable listirig ha LTD' Re gossip 1169*1 your grapes hing goes better with breakfast than The Miami Herald, delivered. 1-800-441-0444 nber 24 ... excited to sleep Le%q"g& DOCI<r=RS* GUTLEr Fry MOST " " '$j - Mike Factory StDre C -- - tirfiko 'it ompany * nz;, -1: t6ty"trand-Sh6ds - Vi 61dome Home - Perfu mania ver 45 brand-name stores! rL- stores 161ed are merely representative and not nVeSs@fi1Y those participating In this sale. P11W0UTLEf§--F[0R1DAG1TV Marsection of F1 Turnpikes- as 0& US1 080000 -545-7198 OUR AN NMAL HOLE -Y BAZAAR 15 ETIT IINCREDIBL VEN E)ORS THIS YEAR: Jewelry, Ceramics; Make-up, Gifts, judaica, Art, Housewares, Clothing,)Ct-afti & More Bet Shira Cc 7500 SVT 120th Stree 305_238 -2600 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, November 28, 2006, beginning at 7:30 p.m,, In the City Commission Chambers, 6130 Sunset Drive, the City Commission vVill hold Public Hearings to oonsiderthe followinglitems: AN ORDINANCE AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE - ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A B014D PURCHASE CONTRACT, APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN' ARTICLES 16.14 BASIC BENEFIT AND ARTICLE 16-19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS. �j AN ORDINANCE RELATING TO AREQUESTTOAMEND THE OFFICIAL ZONING MAP OF THE G)TY Of SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE(HP-OV) OVERTHE EXISTINGZONING USEDISTRIGT FORTHI&PRDPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL zoNimr. MAP OF THECTY OF SOUTH MIAMI LAND DEVELOP" CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED At 6925 SW 03rd COURT AS AN HISTORIC SITE AM) BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-M OVER THE EXISTING ZONING USE DISTPdCT FOR THIS PROPERTY AN ORDINANCE AMENDING SECTION 2-26-10 RELATING TO THE PARKING AND -COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD: PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DIMES, AND TERM. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIALZO14ING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND 'BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY - ZONE (HP-OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC2-2&8 OF THE CODE. OF ORDINANCES, BMILED "BUDGET AND FINANCE COMIMIT`rEE;' AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILTM PROVIDING FOR ORDINANCES IN OONFUC r AND PROVIDING AN EFFECTIVE DATE. `'AN .ORDNANCE- PROVIDING FOR A TECHNICAL AMENDMENT To THE CITY OF'.* SOtmi MIAMI LAND DEVELOPMENT- CODE, BY AMENDING SECTION 2D-' W 90WD 'GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GE MORS IN RESIDENTIAL ZONE DISTRICTS' IN ORDER- TO CORRECT; A ;TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE . FROM ANY WINDOW, DOOR OR-OPENING INTO A DWELLING. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS 1' AND '2" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS-3 'LOW. DENSITY RESIDENTIAL ZONING Dimlor AS PERMITTED 13Y PROVISIONS PERTA114ING TO WAIVER OF FLAT AS SET FORTH IN SECTION 2D-42(D) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF PLAT 19 TO ALLOW FOR THE CONSTRUCTION' OF A SINGLE FAMILY HOME ON LOT '1' AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON L0T`"Z'PROV)DNG FOR A LEGALDESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE -Above Ran,$ can be inspected. In the City Clerk's Office, Monday - Friday during regular office hours. If you hhve any inquirlei an the above lients please 6ntactIhs City Cld'Ws Office at 305- • 6634326. ALL interested parties are invited to attend and vAll be heard. ' Maria f41. Menendez, CMC City Clerk Pursuant tti Fladda StiWtu 296.0105, the CRY hereby advim the puble that 11 a person decides to op - y iledisTon made by this Bcard, Agency or Commission *111t respect to any ma ter considered ;d its nn ur haarino. he or she wit need a record or the proceedings, and that tor such purpose- c. lz I IN LU l T4 M 'X 2005 Ordinance Ordinance N ®o 06 -05 -1828 e Agreement with State on 185 Funds). ORDINANCE NO. 06-05-1 828 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DA'L'E OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR All EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide compliance with required minimum benefits provided in Chapter 185 of the Florida Statutes for police officer employees in order to continue to receive state premium tax funding; and WHEREAS, the City recognizes that such minimum benefits will actuarially impact on the Pension Plan and shall be at the option of certain employees; and WHEREAS, there are funds available in excess in the 185 Share Plan Police Retirement account as shown by the actuarial impact statement provided by the actuary to pay for the proposed improvements; and WHEREAS, the City Coininission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, DE IT ORDAINED BY THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions goven7iing the South Miani Pension Plan, Section 16 -13 of the South Miami Code of Ordinances is hereby amended to read as follows: See. 16-13. Eligibility. (a) Each employee employed by the employer on October 1, 1965, shall be a participant on the first participation date on which he has completed two (2) years of credited service and has attained his twenty -fifth birthday. (b) Each employee who becomes an employee subsequent to October 1, 1973, shall be a participant on the first participation date on which he /she has completed six (6) mpnths of credited service and has obtained his /her Page 1 of 4 Ord. No. 06 -05 -1828 twentieth birthday. For all current employees as of October 1, 1995, each fiscal year there will be a window for joining the retirement system; i.e. October 1St through October 31St. It shall become mandatory for all employees hired on or after October 1, 1995, to join the pension plan after completion of the probationary period. (c) Each employee classified as policemen shall became eligible le to participate in the plan from his/her date of employment provided he /she began participation in the plan when first eligible as provided in sub- section (a) & (b) of this section. An employee who has received a cash payment under Option 1 of.9section 16 -17(b) may elect to participate in the plan upon meeting the following requirements: 1. Election to participate must be made within thirty (30) days of receipt of notice of eligibility to participate. 2. Such employee had received a cash payment under Option 1 of section 16- 17(b). 3. Such employee pays to the employer an amount equal to the amount of cash payment he received under Option I of section 16- 17(b), plus credited interest compounded annually at the rate of three (3) percent per annum from the date on which such cash payment was made to the date of such repayment. Participation under this section will be effective as of September 1, 1977. In determining an employee's credited service at any future date, there shall not be included any service during which the employee did not participate under this plan. Section 2. Section 16- 14(b)(1) of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -14. Pension benefits and retirement date. (b) flnaount of pension. Basic benefit. A basic benefit commencing at the employee's normal retirement date determined by multiplying one and six - tenths (1.6) percent of the employee's final average compensation by the number of his /her completed years of credited service at his or her retirement date, excluding the first two (2) years of such service and any additional service completed by the employee prior to his/her twenty -fifth birthday. However, as to those participants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six Page 2 of 4 Ord. Igoe 06 -05 -1828 (6) months of such service and any additional service completed by him /her prior to his/her twentieth birthday and/or additional service completed by the employee prior to the time the employee became a participant. For sworn police personnel, effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services performed in the 1993 -94 fiscal year; effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96 fiscal year; the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50, effective October 1, 1996, for services performed in the 1996 -97 fiscal year; the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75, effective October 1, 1997, for services performed in the 1997 -98 fiscal year and thereafter. The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as prescribed in the 1992 -93 and 1995- 96 collective bargaining agreements. Provided however, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two percent (2.0 %) for all years of service. Effective October 1, 1995, the pension benefit accrual rate (multiplier) for participants, excluding police personnel, shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal year; effective October 1, 1996, the pension benefit accrual rate (multiplier) for participants, excluding police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year and thereafter. Section 3: If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this 1,5; day of 1 2005 ATTEST: APPROVED• TY CLERK M YO 1" Reading - 11/16/04 2"a Reading- 3/15/05 Page 3 of 4 Ord. No, 06 -05 -1828 READ AND APPROVED AS TO FORM: CIT RNEY COMMISSION VOTE: 4 -0 Mayor Russell: Yea Vice Mayor Palmer: absent Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea Commissioner Wiscombe: Yea G: \ \S MPF\PLAN\Provi deEl igibi l ity- Employment- Police -ORQN Page 4 of 4 south Miami s0vx�fh ? Ali i�nericaCitU v CITY OF SOUTH MXAMI � 192 P D�- &8th OF ,wG .c. TX MANAGER ¢, C RED XNTER"OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Date: March 15, 2005 and City Commission From: Maria V. Davis Subject: Agenda Item # City Man ger 11116/04 Commission Meeting 0. Amending the Police Pension Plan REQUEST All ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. AMENDING THE CITY OF SOUTH 1MAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EVJPLO A EES; PROVIDING FOR SE VERtBILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ANEFFEC H VE DATE. IE$ r� el��>i"Q�Eg�F9 d The 'attached ordinance. was prepared by the City Pension Attorney to improve the pension plan benefits for our Police Officers at no� cost to the City, using the Chapter 185 funds received annually from the State of Florida. The source of the funds is .85 percent of gross receipts from policyholders on all premiums collected on casualty insurance policies covering properties within the City's jurisdiction. State laws restrict the use of these f ands to payment of supplemental benefits to retiring Police Officers. This benefit is accrued annually by all Police Officers participating in the City pension plan using a State approved .allocation method. Any available excess funds after the allocation are used to provide improvements to the plan. As of last fiscal year, there is an available excess amount of $77,000 that can be used to purchase improvements to the plan for officers. RECOMMENDATON Approval of the ordinance is recommended. SUGAR MAN SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarn -iana 2801 Ponce De Leon Boui Suitte e Howard S. Susskind 750 Coral Gables, Florida Kenneth R. Harrison. Sr. 33134 (305) 527 -2801 David E. Robinson Free IOd 327 -2678 Q. Marcus Braswell, Jr. Toll Free 0 -329 -2122 Facsimile (305) 447 -8115 Board Certified Labor & Employment Lawyer June 21, 2004 City Conmnission City of South Miami c/o Maria Davis, City Mager 6130 Sunset Drive South Miami, Florida 33143' Re: Summcay of Proposed Ordinance Amen&nent — City of South Mzianii Police 0157cers' Redrement Plan Dear Commission Members: This firm represents the City of South i\iami Police Officers' Retirement Flan. Our client has directed that we provide an- overview of the enclosed proposed ordinance amendment to be considered by the City Conirmi sion. The Board of Trustees of the Police Gfficers' Retirement Man. recomffieads adoption of this proposed ordinance amendment to the existing code in order to comply with specific rninirx>•.unn requirements of Chapter 185 of the Florida Statutes. Florida Law 99 -1 specifically required municipalities that receive state contributions under Chapter 185 of the Florida Statutes to provide certain minimum benefits and operational requirements. The City of South Miami receives such state contribution for its Police Officers' Retirement Plan. The following surnmarizes the necessary arneenndments to the existing code in order to comply with specific minimums established by the state legislative action and Florida Law 99 -1. Section 16 -13. Eligibility. This section of the code provides for different participation dates depending on employment date of employees. Section (a) required a. two year period of probation before participation in the Retirement Ilan was allowed. Subsection (b) states that employees fired on a different date, a six mi onth probation and the necessity of obtaining a participant's 2& birthday must occur before participating in the Retirement Plan. Further, this section provided a third provision that completion of a probationary period was necessary for employees hired on any other date in order to enter the Retirement plan. Chapter 1805 of the Florida Statutes requires mandatory participation in pension plans commencing an date of employment. Therefore, Subsection (c) has been added that allows participation from date of employment to comply with this requirement of the state statutes. Section 16 -14. Pension Benefits and Retirement Date was amended to add a specific sentence at the end of Subparagraph (b)(l) which addressed the basic benefit and contained certain limitations therein. The addition of this paragraph stated that the benefit accrual rate far police officer'participants may not be less than 2% for all years of service. This specific language is required in Chapter 1805 of the Florida. Statutes. By copy of this letter we are requesting that the Retirement Plan actuary provide an impact statement for your consideration prior to final reading and enactment of this ordinance amendment. We remain available to respond to any questions you may have on this matter. Yours truly, NTH R.. HARRISON, SR. F- Rolosure cc: Board of Trustees Larry Nilson, Actuary, Gabriel, Ro z der, Smith & Co. G:\\SMP"LANv SumtomyofProgo sed0rdnAmmd- ztCit3,Mgr COnsuliants & Actuaries August 16, 2004 301 East Las Olas Blvd. m Suite 20D o Ft. Lauderdale, FL 33301 -2254 © 954 -527 -1616 ® FAX 954525 ()D83 Ms. Haydee Lopez Benefits USA, Inc. 3810 Inverrary .Blvd., Suite 208 Lauderhill, FL 33319 Re: South Miami Pension Plan Dear Haydee: As requested, we are pleased to enclose three (3) copies of the Actuarial Impact Statement for filing the proposed Ordinance for the South Miami Pension Plan with the State of Florida. The proposed Ordinance (copy attached) will allow Police Officers to participate in the plan from date of employment and credited service shall be continuous employment provided that participation began at first eligibility. The proposed change in eligibility is a minimum benefit required under RS 99 -1 for Police Officers. Our records show, the Chapter Fund held a reserve for unused excess State funds of $65,275 as of September 30, 2003. The proposed Ordinance includes release of the reserve to the South Miami Pension Plan. In addition, the increase in the annual cost ($25,282) is assumed to be paid by current and future State funds. Please note that this Statement must be signed and dated on behalf of the Pension Board. Copies of the proposed Ordinance following passage at first reading along with the signed and dated Actuarial Impact Statement should be filed with the State prior to passage at second reading at the following addresses: Mr. Charles Slavin, A.S.A. Division of Retirement Cedars Executive Center. Building C 2639 North Monroe Street Tallahassee, Florida 32399 -1560 Ms. Patricia Shoemaker Division of Retirement Cedars Executive Center. Building C 2639 North Monroe Street Florida 32399 -1560 Please forward a copy of the ordinance upon passage at second reading to update our files. The employee census and financial data utilized 'ia the preparation of this Actuarial Impact statement are the same as utilized for the October 1, 2003 Actuarial Valuation. Hits. Haydee Lopez August 16, 2004 Page Two The undersigned is a Member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein.. If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards, Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosures cc: 1Vk. Ken Harrison, Esq. r- ABP1r=I— ROE®Ei, SMITH & C€AS°d(PANV South Miami Pension Flan Actuarial Impact Statement as of October 1, 2003 Police Officers Actuarial Proposed A. Participant Data Valuation Ordinance 1. Active participants 50 50 2. Terminated vested participants 1 1 3. Participants receiving benefits including DROPS g g 4. Annual payroll of active employees $ 3,350,992 $ 3,350,992 B. Assets 1. Actuarial value $ 6,732,468 $ 6,797,743 2. Market value $ 6,081,957 $ 6,147,232 C. Liabilities Actuarial present value of future expected benefit payments for active members a. Retirement benefits b. Nesting benefits c. Death benefits d. Disability benefits e. Refunds £ Total 2. Actuarial present value of future expected benefit payments for terminated vested members 3. Actuarial present value of future expected benefit payments for those currently receiving benefits a. Service retired b. Disability retired c. Beneficiaries d. Miscellaneous e_ Total 4. Total actuarial present value of future expected benefit payments 5. Actuarial accrued liabilities 6. Unfunded actuarial liabilities _z_ GABP9Ei, ROEDE6R, SaifjTH & Co6VdpANy $ 11,328,815 782,661 53,304 285,446 206,750 $ 12,656,976 $ 14,5' 80,543- 843;728 - 51,943 286,980 190,383 $ 12,953,577 $ 258,298 $ 258,298 $ 875,520 0 166,487 15,959 $ 1,057,966 $ 13,973,240 $ 9,227,670 $ 2,495,202 $ 875,520 0 166,487 15,959 $ 1,057,966 $ 1- 4,269,841 $ 9,502,196 $ 2,704,453 South Miami Pension Plan Actuarial Impact Statement as of October 1, 2003 Police Officers Actuarial D. Statement of Accumulated Plan Benefits Valuation 1. Actuarial present value of accumulated vested benefits a. Participants currently receiving benefits b. Other participants c. Total 2. Actuarial present value ofaccumulated non- vested plan benefits 3. Total actuarial present value of accumulated plan benefits E. Pension Cost $ 1,042,007 3,520,127 $ 4,562,134 622,216 Proposed Ordinance $ 1,042,007 3,735,452 $ 4,777,459 560,180 $ 5,184,350 $ 5,337,639 1. Total normal cost $ 569,894 $ 576,093 2. Payment .required to amortize unfunded liability 202 ' 473 2 19,683 3. Interest 30,187 32,060 4. Total required contribution`s $ 802,554 $ 827,836 5. Item 4 as a percentage of payroll 23.9% 6. Estimated employee contributions $ 361,518 $ 24.7% 361,518 7. Item 6 as a percentage of payroll 1,518 8. Estimated State contributions $ 110.8 $ 1,518 9. Item 8 as a percentage of payroll ,498 310.80 10. Net amount payable by City $ 1.1 11. Item 10 as a percentage of payroll 428,538 $ 428,5 38 12.838 12.838 F. Disclosure of Following Items 1. Actuarial present value of future salaries - attained age $ 31,720,433 $ 31,453,407 2. Actuarial present value of future employee contributions - attained age $ 2,379,032 $ 2,359,005 3. Actuarial present value of future contributions from other sources N/A N/A 4. Amount of active members, accumulated contributions $ 1,118,955 $ 1,118,955 5. Actuarial present value of future salaries and future benefits at entry age Not provided by software 6. Actuarial present value of future employee contributions at entry age Not provided by software 5911 South Miami Pension Plan Actuarial Impact Statement as of October 1, 2003 Police Officers G. Amortization of Unfunded Actuarial Accrued Liability Remaining Unfunded Amortization Funding Date Established Liability Payment Period . 10/01/1990 Assumption Method Change S (111,250) $ (11,293) 17 years 10/01/1991 Actuarial Loss (Gain) (82,013) (8,103) 18 years 10/01/1992 Plan Amendment (6,611) (637) 19 years 10/01/1992 Actuarial Loss (Gain) (176,651) (17,032) 19 years 10/01/1993 Actuarial Loss (Gain) (39,396) (3,715) 20 years 10/01/1993 Plan Amendment 211,614 19,957 20 years 10/01/1994 Actuarial Loss (Gain) 62,749 5,800 21 years 10/01/I994 Assumption Change 26,117 2,414 21 years 10/01/1995 Actuarial Loss (Gain) (176,836) (16,051) 22 years 10/01/1995 Plan Amendment 253,853 23,042 22 years 10/01/1996 Actuarial Loss (Gain) (100,436) (8,967) 23 years 10/01/1997 Actuarial Loss (Gain) (190,172) (16,724) 24 years 10/01/1998 Actuarial Loss (Gain) (302,323) (26,223) 25 years 10/01/1.999 Actuarial Loss (Gain) (96,311) (8,249) 26 years 10/01/1999 Plan Amendment 126,894 10,869 26 years 10/01/2001 Actuarial Loss (Gain) 1,032,446 86,505 28 years 10/01/2001 Method Change (519,257) (43,506) 28 years 10/01/2001 Plan Amendment 812,417 68,069 28 years 10/01/2002 Actuarial Loss (Gain) 775,068 64,315 29 years 10/01/2002 Plan Amendment 193,557 16,061 29 years 10/01/2003 Actuarial Loss (Gain) 563,535 46,349 30 years 10/01/2003 Plan Amendment 238,208 19,592 30 years 10/01/2003 Proposed Ordinance 209,251 17,210 30 years TOTAL $ 2,704,453 $ 219,683 This actuarial valuation and/or cost determination was prepared and completed by me or under my direct supervision., and I acknowledge responsibility for the results_ To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statutes. There is no benefit or expense to be provided by the Plan and/or paid from the Plan's assets for which liabilities or current costs have not been established or otherwise taken into account for in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. u-sr Enrollment Number: 02 -2802 Lawrence F. Wilson, A.S.A. Dated: August 16, 2004 -4- GA RIEE, ROEDER, SMITH s COMPANY South Miami Pension Plan Outline of Principal Provisions of the Retirement Plan A. Effective-Date: October 1, I965. Most recent resolution /bargaining agreement was adopted July 23, 2002. B. Eligibility 1Reguirements: 1. General Employees Any regular full -time employee is eligible to enter the plan following the completion of six months of Credited Service and attainment of age 20. 2. Police Officers Any regular full -time Police Officer is eligible to enter the plan as of date of employment. C. Credited Service: 1. General Employees. Continuous employment. Credited service shall exclude continuous employment prior to plan participation as follows: (1) If emnp eyed prior to October 1, 1973, credited service shall exclude the first two years of continuous employment and any additional year of continuous employment prior to attainment of age:25. (2) If employed on or after October 1, 1973; credited service shall exclude the first six (6) months of continuous employment and continuous employment prior to age 20. 2. Police Officers Continuous employment. For Police Officers who did not participate when first eligible for the plan credited service shall* exclude continuous employment prior to plan participation as follows: (1) If employed prior to October 1, 1973, credited service shall exclude the first two years of continuous employment and any additional year of continuous employment prior to attainment of age 25. (2) If employed on or after October 1, 1973, credited service shall exclude the first six (6) months of continuous employment and continuous employment prior to age 20. D. Final Monthly Compensation (FMC): Final Monthly Compensation is 1 /36th of the final 36 consecutive months of compensation. For Police Officers, not less than 1 /5th of the highest five (5) years. out of the last (10) ten years of compensation. Compensation shall mean regular wages and salaries, excluding bonuses, overtime pay, vacation, sick leave and other additional compensation. .5- zASI EL, ROEDr=R, SGAi a rti a CoMp ANy South Miami Pension Plana Outline of Princival Provisions of the Retirement flan E. Normal Retirement: 1. Eligibility: a. General Employees: Attainment of age 55 and completion of ten (10) years of credited service. b. Police officers: Attainment of age 60 and completion of ten (10) years of credited service or completion of twenty -five (25) years of credited service regardless of age. 2. Benefit: The monthly plan benefit is the product of a. FMC, b. Credited service during the appropriate period and c. The appropriate benefit percentage The appropriate benefit percentages are: a. General Employees For Credited Service Through September 30, 1999 October 1, 1999 and thereafter b. Police Officers For Credited -Service Through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 through September 30, 2001 October 1, 2001 through September 30, 2002 October 1, 2002 through September 30, 2003 October 1, 2003 and thereafter F. Supplemental Benefit: Percentage 2.50% 2.75% Percentage 2.00% 2.25% 2.50% 2.75% 2.80% 2.90% 3.00% A cost -of= living supplemental benefit based upon the consumer price index is provided upon retirement. The annual increase is limited to 3 %. -6- GAB?IEL, RDEDER% SBii3BTH & E€3MpA Ny South Miami Pension Plan Outline of Principal Provisions of the Retirement Plana G. Early Retirement: 1 _ Eligibility: Attainment of age 60 (age 50 for Police Officers) and completion of 15 years of credited service. 2. Benefit: Accrued benefit based upon FMC and credited service as of early retirement date, reduced 6% (3% for Police Officers) for each year that the benefit commencement date precedes Normal Retirement. H_ Delayed Retirement: 1. Eligibility Retirement subsequent to normal retirement date. 2. Benefit: Accrued benefit based upon FMC and credited service as of delayed retirement date. I. Disability Retirement: 1. Eli 'bility: Totally and permanently disabled for a six month period while actively employed. 2. Benefit: Accrued benefit based upon FMC and credited service as of date of disability,' actuarially reduced as for early retirement for early commencement. J. Pre - Retirement Death Benefit: The beneficiary shall receive the member's accumulated employee contributions. K. Benefit Upon Termination of Service: 1. Benefit payable at normal retirement equal to the greater of a. Accrued benefit based upon FMC and credited service as of date of termination times the vesting. percentage shown below, or b. Benefit which can be supported by the accumulated member contributions with interest to normal retirement date. No supplemental benefit shall be payable to vested terminees until they commence receiving. benefits. -7- 4ASME4 ROEDER, SIWITH & COMPANY South Miami Pension Plaza Outline of Principal Provisions of the Retirement Plan 2. Vesting Schedule: Fears oaf Vesting Credited Service Percentage,,. - Less than 10 0% 10 or more years 100% 3. Refund Option: A terminated member may elect to receive a refund of accumulated contributions (with 3% interest for General Employees) in lieu of receiving any other plan benefits. L. Member Contributions: Members contribute 7% (7.5% for Police Officers) of member's basic annual compensation. Should the City contribution for General Employees -be actuarially determined to exceed 12% (9.5% for Police Officers), both the City 'and the General Employees will share equally in the amount in excess of 2% (9.5% for Police Officers). M. Normal Form of Retirementjncome: _ The normal form of payment shall be a life annuity with a guarantee of a refund of accumulated employee contributions. N. Changes Since Previous Valuation: Prior to proposed Ordinance, for Police Officers: 1_ Eli 'iiL Service: Any regular full -time employee tas eligible to enter the plan following the completion of six months of Cra&ite-d gervice and atfai&nientof age 20. 2. Credited Service: Continuous employment_ Credited service shall 1ude continuous employment prior to . plan participation as follows: (1) If employed prior t <- _teber 1, 1973, credited service shall exclude the first two years of continuous employment's:.''.y additional year of continuous employment prior to attainment of age 25. (2) If emp1G .: ., or after October 1, 1973, credited service shall exclude the first six (6) months of `:s: "o., ou s employment and continuous employment prior to age 20. -8- GABRIEf., ROEDER, SMITH & COMPANY South Miami Pension Plan Actuarial Assuriipt €ores and .Actuarial Cost Methods Used in the Valuation A. Mortality For healthy active lives, the 1983 Group Annuity Mortality Table was used with separate rates for males and females. For disabled lives, the 1985 Pension Disability was used with separate rates for males and females. B. Interest to be Earned by Fund 8.0 %, compounded annually. C. Allowances for Expenses or Contingencies Actual expenses paid in previous year. D. Employee Withdrawal Rates Withdrawal rates for males and for females were used in accordance with the following illustrative example, 20 U. • .� - ,:% .'�_..•: ;. � .11.5 .J'�,�'fr:- klln.1,, _'%.: i.l t. -n �`iF Si,',cTO -•.. - `¢t.`� •('.1'5 r'i5'c+ mb -60A w E. Disability Rates 1985 Disability study, Class I with separate rates for females was used. F. Marital Assumptions 100% of active members are assumed to be married. Where applicable, females are assumed to be three years younger than their male spouses. -9- South Miami Pension Plan Actuarial Assumptions and Actuarial Cost Methods Used in the Valuation G. Salary Increase Factors Current salary is assumed to increase at an annual rate equal to 6.0% per year. H. Retirement Rates Members are assumed - to retire on their normal retirement date, minimum one year of future service. Rates of early retirement for Police Officers were used in accordance with the following illustrative example: •. Fears Preceding Early Retirement Rates Nbft tal Retirement Pet 100 Police O�c�rs Y 5 2 6 5 '7 10 2 1. Valuation of Assets The method used for determining the actuarial value of assets phases in -the deviation between the expected and actual return on assets at the rate of 20% per.year... The actuarial value of assets will be further adjusted to the extent necessary *to fall within the corridor whose lower limit is 80% of the fair market value of plan assets and whose upper limit is 120% of the fair market value of plan assets. J. Cost Methods Normal Retirement, Termination Disability and Pre - Retirement Death Benefit: Entry -Age- Actuarial Cost Method Under this method the normal cost for each active employee is the amount which is calculated to be a level percentage of pay that would be required annually from his date of hire to his retirement age to fund his estimated benefits, assuming the Plan had always been in effect. The normal cost for the Plan is the sum of the individual normal costs for all active participants. The actuarial accrued liability as of any valuation date for each active employee or inactive employee who is eligible to receive benefits under the plan is the excess of the actuarial present value of estimated future benefits over the actuarial present value of current and future normal costs. The unfunded actuarial accrued liability as of any valuation date is the excess of the actuarial accrued liability over the actuarial value of assets of the Plan. K. Changes Since Previous Valuation None -10- South Miami Pension Plan Actuarial Impact Statement as of October 1, 2003 A. Description of Proposed Amendment (see attached Proposed Amendment) Police Officers shall participate in the Plan from date of employment. For Police Officers, credited service shall be continuous employment provided that participation began at first eligibility. B. An estimate of the cost of implementing this amendment (see attachment) C. In my opinion, the proposed changes are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. Chairman, Retirement Committee Date T@: JEANETTE ENR?O, Fax: 305,%3-6345 CITY OF SOUTH MIAMI From: HAYDEE LOPEZ Dam: 11, 12104 Re: N�IIVUTES Pages 0 REGARDING BALLOTS CC: ..,': In ��f• �'�• J` � `{.. Nov 22 04 03:40p p-2 CITY OF SOUTH MMi PENSION FUND MIMLITES JANUARY 27,20-))4 Chairman Fulton called the meeting of the, Board of Trustees of the City of South Miami Pension Fund to order at 9:10 a.m., at the City Cc mniission Chambers of the City of South Miami, TRUSTEES PRES E 1 T:- Eric Fulton, Maria Stout Tate, Rich Freeburg, Frank Gilbert and Bruce Ross OTEFE, RS PRESENT.- Fund Attorney David Rob nson; Tian Mash of Trusco Capital Management and Administrator Haydee Lopez of Be: refits USA, Inc. APPROVAL OF UTES.- A motion made by Ms. Stout -Tate to approve tl e minutes of the regular meeting December 8, 2003 was seconded by Mr. Freeburg. 'I t e motion carried.. CONSENT AGENDA.- Sugarman & Susskind, PA(hrv#2771 I Legal Fee) $2,500.00 Benefits USA, hic. (January, 2004.Adrn Fee) $9 °0.00 Salem Trust`Company (10/1/03=12/31/03 Custodian Iee) $1,802.10 Gabriel, Roeder, Smith A Co rx paiay`(L79- 89185) $4,585.00 A motion by :Ms: gtout -Tate to approve; the cone ant agenda was seconded by Mr. Freeburg. The Motion passed. UIF SHED BUS SS: Status of PendinLy Annuity Policy — Attorney Robinsa �n reviewed a letter prepared by his office dated' January 22, 2004 as directed by the Tr lstees. Attorney Robinson reported that there has been no response form the City as of yet, Chairman Fulton directed the Fund Attorney to follow up within 30 days. Attorne r Robinson reported they would do so. Trustee Vacancies and Expired Terms Attorney Rot inson reviewed a letter prepared by his office dated January 22, 2004, Ms. Stout -Tate ; advised the Trustees that she has a possible applicant for the Board who liv(* in Sourir Miami. Attorney Robinson also reviewed a letter prepared by this office regarding th s make up of the board. Fallowing review, it was noted that the Fund Attorney did not hr ve the amended Ordinance because the ordinance had changed from five to seven members. The Administrator was directed to contact the City Clerk and provide the Fund Attorn -1y with the amended Ordinance. It was rioted they would do so. The Trustees directed th,, Fund Attorney to revise the letter, Nov 22 04 03:47p P -3 RAJ—LOT RESULTS RE:. CHAWER 99 -I MINT, vjUH BENEFITS Ms. Lopez reported on the ballot results regarding tl re Chapter 99 -1- Minimum Benefits. It was noted that 17 pension fund members chose Option #2 which was Provisions 7 and 8; 2 pension fund members chose Option 1 which was Provisions 3,4,5 and 7; and 2 pension fund members chase Option 3 which was he Id the monies in reserve. Following discussion., the Trustees. directed the Fund Attorne, r to draft an Ordinance to fund the Minimum Accrual Rate at an annual cost of $103.00 and the Credited Service Definition at an annual cost of $26,473.00. It was noted that t ie Fund has $28,333 in excess state funds to apply towards the annual cost: of these two minimum benefits. Attorney Robinson noted they would do so. REPORTS Attorney- No further report. Chairman- No further report Secretary — No further report Administrator- Ms. Lopez reported that the Investment Agreements between Trusco Capital MaDagemeut and the. Fund were ill order an( had been signed by all appropriate parties. A. copy of the Investment Agre €mints. we. c..in the Trustees packets for their records. The next meeting date was scheduled for April 27, 20 A at 9:00 a.rn. A inotion by Mr. Ross to adjoumn the rnee•Eing at 93 5 a.m. was seconded by Ms. Stout- Tate. The inotion passed. Mr. Tim Nash of ' rusco Capital arrived at 9:35 a.: n. to present his firms Investment Report for the quarter ended December 31, 2003. A n Lotion by Mr. Ross to reconvene the meeting at 9:35 a,rn.was seconded by Ms. "tout -Tate. The motion passed INVESTMENT REPORT FOR QUARTER IENM D DECEMBER 31, 2003 Mr. Tim Nash was present to provide his report for thr r quarter ended December 31, 2003. Mr. mash reported that now that the Tnvestinent Agree ments have been signed the 2 fixed income portfolio were purchased on December 31, 20 )3. Mr. Nash stated that the market value of the Fund as of December 31, 2003 was $12,03,695. Mr. Nash reported that the investment returns for the total Fund was 6.55% as of December 31, 2003. The investment returns for the equity portfolio was 10.6 % vs. 12.18% and the investment returns for the fixed income portfolio was 1.06% vs. 0.14% for the quarter ended December 31, 2003. Mr. Nash reported that the asst allocation is as follows: 63.2% Equity; 33.9% Fixed Income and 2.9% Cash. P Nov 22 34 03:47p Mr. Nash reported that the s & P 500 rose 12.2% on a total return bases in the 401 quarter. The index was tap 25.7% for all of 2003 and this was the largest increase since 1997. Mr. Nash stated that all ten sectors in the S & P 500 incre iced in the 4,' quarter and small caps generally outperformed large cap stocks during the 4` t quarter. Mr. Nash reported that the expansion in the economy, supported by continued fiscal and monetary policy will support further earnings growth and higher stock prices and the Fund will remain overweighted in equities. M-r. Nash reported the Lehman Aggregate Bond inde K rose 0.32% on a total return basis during the fourth quarter. It was noted that this was the fourth consecutive positive year for the index. Mr. Nash believes that the 20 year secular decline in interest rates is ending, a sharp rise from this point is unh:kely over he near tern given current Federal policy and the vulnerability of interest sensitive secto• & As a result, Trusca is positioning Portfolio durations neutral relative to benc.hnarks in Yrder to allow the portfolio to "out - yield" the Market, during this low bond yield period. N/ir. Nash inquired regarding the best exewution lettj .r. Attorney Robinson reported he. would draft a letter. A. notion by Mr. Freeburg to d -aft a letter and have the Chairman sign as soon as possible was seconded by Nis. Stout -T rte. The motion passed. A motion by hit. Freeburg to adjourn the meeting a. 10:10 a.ni: was .seconded by Ms. Stout -Tate. The motion passed. Secretary Q p.4 Nov 22 04 03:47p YY� vA iB] 0 n � .ty to � via � P4 LI '� Y v p.5 N w 0 v on ro a. 2 6 O N m N 'C7 N «f Mc- w C ,ate! 1'•i 0 0 ON m '•" � � •., lu a U ON U U tj iT p '++ t�' c*1 c & h1 cPl p� 5 O 0 N 4-C tj tit let ° o 4'y v ��, N 8j' in t t u ,�, c6 _p en ,�s �, y � tom_. co Ld O �+ vi 'u O 4 a Qy � J nu 0 *-r `= 0 0 41 If 4-1 C� o o C-> o� 6y,. o 0 o m m .-1 CN C co ° VI LO m 0 0 N Cl) ti ro R-c ;.W- MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally:appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami.Daily Business Review f/k/a'Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy df advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI = PUBLIC HEARING- 12!7/2004 ORDINANCE AMENDING SECTION 20 -3.6 (H) (2) (C), ETC. in the XXXX Court, was published in said newspaper in the issues of 11/26/2004 Afiant further says that the said Miami Daily..- siness Review is a newspaper published at Miami in~said Miami -Dade County, Florida and that the said newspaper. has heretofore been continuously, published in said. Miami -Dade County, Florida, each day (except Saturday; Sunday "arid Legal Holidays) and has been entered as second class mail matter at the post office in Miami ih said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thipadvertise for publication In the said newspaper.,/ / Sworn to and subscribed before me this 26 d of BE A.D. 2004 (SEAL) O.V. FERBEYRE personally known to me pl�, Maria I. Mesa �* c iv7y Commission DD293855 e • . 4 E:oires March 04, 2008 j :oft E. LA:I"A7. E4 ESL• Z •r If:V�%6JSi EaO'1�•l�3d:.i• w . I It U-OUR9FE NUM ' CITY OF SOUTH IA Is FLORIDA . Can Tuesday, December 7, 2004; beginning at 7:30 p.m:,•' in fihe City Commission Chambers, 6130 Sunset: Drive,. the- City Commission will hold Public, Hearings to consider the following items: AN ORDONANCE AMI MM G- THE -LANG DEVELOPME�i`T C 'D' OF THE CITE OF SOUTH MIAMI TO .ELIMII' ATE�THE REQUERED MINIMUM. 60% -OPEN AREA ON THE TOP TWO (2) FEET OF FENCES ADjAO�NT TO A RIGHT OF -11VAY [.,A N ORDINANCE AM15NDINd TIDE• CITE. OF' SOUTH MIAMI PENSION' PLAN, ROVIDING. FbA ELIG(BiLIT�• A�' 15A°I E O� EMPL ®�I�E�9`� FAR POLICE. FFICER EMPLOYEES OF THE CITY 6F-SODUTH MIAMI;' PROVIDING .FO.R A WOMUM RATE OF BIENEFI T ACCRUAL FOR POLICE OFFICER t6�PL ®SEES. A RESOLUTION -PURSUANT TO THE LAND DEVELOPWI N T ' CODt FOR RELEASE O.ir A UNI 'bP..TITLE :FOR PROPERTY LOCATED AT 8200 SW 6Oth COURT AND. LEGALLY( DESCR-eIREI5 As -L' OTS 1 AND 2, BLOCK° 1,- HARRIS ESTATES SUBDIVISION, THE OUAPOS, 8 OF'T IE-REQUEST IS TO PERMI`1' A 14ESO_dtNTIAL B UILDINd to bE CONSTRUCT' ® ON LOT 2. ES®LUTION. F ®R AP0ROVAL : OF THE FOLLOWING TWO: PARKING VARIANCES IN; ORDER -TO PERMIT - PROPERTY LOCATED AT. 6230 SW TOTH S rREET IN AN "RO "RESibENTIAL OFFICE. ZONING USE DISTRICT T® �E USED AS.A COMMERCIAL OFFICE 8I;UIL6ING:,(1) VARIANCE FROM THE LAND DEVELOPMENT CODE- TO ALLOW.--FO UR;':OFF- STREET PARKING SOACE8. HERE THE - REQUIRED. OF'F® T° kET' '. PARKOM3 18 FIVE SPACES; .(2) VARIANCE FROM THE LAND''DEVELOPMENT CODE' TO ALLOW - REQUIRED PARKING. TO 6E LOCATED IN THE . PRONT SETI�ACK- AREA WHICH IS PROHIBITED IN THE Rte ZbNING USE DISTRICT..' Inquiries cancerning this item should be directed to the Planning Department at 305 -663- 6326. ALL interested parties are invited to attend and virili be heard. Maria M. Menendez City Clerk Pursuant to Florida Statu tes 286.0105, the -City hereby advises the public that if a person decides to appeal any . decision made by this Board, Agency or - Commission - with- .respect to any matter considered at its meeting or - hearing, he or she will ne6d'a record 6f the•prooeedings, 'and that for such purpose, affected person may; rieed to ensure that a verbatim •record of the proceedings is made which record includes the testimony -and evidence upon which the appeal_is Ito be based. - 23 I ii O 6 N m N D] F , • °z 0 z D g e M i a 1 PL41AMI DAILY BUSII ESS REVIEW Pubf.hed Daily a=pt Salurday, Sunday and Legal Holidays Miami. Mlaml -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V, FERBEVRE, who on oath says that he or she Is the SUPERVISOR, Legal Notices of the Miami Daily Business Review fAda Miami Review, a daily,(except Saturday, Sunday and Legal Holldays) newspaper, published at Miami in Miaml -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 3/1512005 in the XXXX Court, was published In said newspaper in the issues of 03/04/2005 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said lvilamt -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miaml -Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and aBiant further says that he or she has neither paid nor promised any person, llrrn or corporation any discount, rebate, commission or refund for the purpose of securin ,this adv ent for,' publication In the said newspap r. , Swam to and subscribed before me this 04 day of MARCH A.D. 2005 (SEAL) a Chary! H id8mler Q.V. FERBEYRE personal) %v�tflt mmisolonDDOHso i i I I i 511* _', J " RELMON NOTES 2-24,_, !rs throu seniors Has will be noon March 24 and p INV SL , IF! i5l Zq g ece: of fabric or an discuss The Things They Carried 5 sam indkerchief -along by Tim O'Brien. Lisa Jefferies will m ms such as pillow - lead the session. Bring a bag and more to cele - lunch and coffee will be pro an vicled. Adult Purim _.VN'� mg -W '19UNINNAg, av! M OWL htness of Shabbat. keep ,vill be provided, R6ading "Year of the Hat" will be ag mgE, Fit g� or dress accord �.rr 'M I K EN - 7:30 p.m. March 26. Bring your h Shabbat Service fanciest, funniest hats and cos- of ga,,_ A'B- VDU. i ou 5 �21 - �g, :,N Shabbat In an linti- turnes. We will read from the Megillah and Chinese food will be fIr gg, 0 n in Room service 1 served. Tickets are $10 per per- Am Is proud to 50,NRM; son. Call 305-573-5900. Feed iational network of -y- affiliated with the homeless in a joint program eTransfor- with Touching Miami with Love ynagogu WAR" Uwr, renewal dedicated will meet 7:45 to 10:45 a•m. q?,-4N11-_ g Shabbat.,wlth a March 27 at Central Baptist e options In Church on Northeast Fifth Stredt UP study, social and Northbast Firit Avenue by if, Dvatl v a.. i% �rayer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . programming. The the Court Building. We'll prepare d serve food and do clean up Le �roundheeaking of an 4- SIX M !�,VA UY-111.9 San&tuarY/Ball- as well - , - � q, IP as have an opportunity to al/Administrative have some fascinating conversa to No! rti I be at il*tO a.m. tIons with our friends who Pa ic- na . ..... 0151 0 In G, 0 Od more Inf&rnation, !pate. Contact us to reserve your _0 Epstein, ME N.Awail Develop contact Bruce Jay at 11 111 -A.'. N or, �ert. 148, jap- 305-976-5001, ext. 28. 121 1, BL A m WNW - ��, Mla g!vg , org. Fa lly. Purim 2ed go ;rating Be�t Am's Temple Samil-fil 0, of... aj, L mg y will b fro noon 10680 s W 113th PI., au�.,gzg'g -,.?g - 305- -5756: Adult B'nal Mitz- arch 13. Call Susan 271 305-667-7185 or vah class, conducted by Cantor ineldeFmari at Porilt Rubin, at B P.m. March 15.. C. Th& Empty"Nest- Contact the Synagogue Office %eels "a n� ski a's4eening of The for r4gistratlon. TSOO Youth .,'s Wife at 7 p.m. Singers will rehearse with Cintor vl� ntact *Annie Baran-- Rubin from 5:30 p.m, to 7 p.m. 151 br. abaran- and TSob Adult Singers will 'Ps rg. pmr1r�"telebra- rehearse with Cantor Rubin from .Shushan.* Idol . will be 7.;30 p.m. to 9:15 p.m. March 10 &cfj.24 -;,.A6 evening and 17: Shabbat evening services ,..for, will be conducted by Rabbi YOU up-On rfilhdr - 6ri%and COURTESY NOTME: _Ijif:6i�ftvttles for David D. Schonblum whose ser- kii-ts $15'Ifi-advance, mon topic will be "What Is a Oi:bhI1dFefi7 Oniff ar 5 Shekel?" at 8 prim. March 11. Can- whats hot, die lighting is at 6:10 p.m. Shab Uff'OFS UTH MIAMI'o-'FLOMDA. ire.. admitted free, earl. bat morning services will be con- , be:-pur- *?2.'. itill -Lori ducted by Rabbi David D. Tuesday, 15,2005, beginning at 7:30 p.m.,In tho'City'CommisslDn Chambers, 4. Schonblum who will discuss the whals hot and Bola Sur1seVDa',01ib,-,.th2 City Commission will hold Public H6jflhgs to ctinsider the following heals: .,orq; 7111g� .school Torah portion, Pekudel, at 9:30 agues are Tuesdays, a.m. March 12, Shabbat ends at > AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLA s. and Thursdays 7:04 p.m. United -Synagogue PROVIDING FOR EUGIBILITY- AT DATE OF EMOLOVMENT )R POLICIA Of 25 for,girls and Youth (USY) Havdalah and Des- PROV F1 ING FOR OFFICER EMPLOYEES OF T14E CITY OF SOUTH MIAMI ID nihe1o`12. A fee is serts at 7:30 p.m, followed at 8. POLICE OFFICER htadt Linda Feffer- p.m. by the USY Talent Show -MINIMUM RATE Of BENEFIT ACCRUAL FOR ;E tball Coordinator, March 12. Enjoy the'songs, acts, thatps EMPLOYEES. dances and comedy. Admission or If6ffer AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT :iorg: PAFTY's annual Is' $5 and will benefit our own TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT iction will be March chapter, USY, Inc. Shabbat eve- happenmg on PROJECT KNDWN AS "PROJECT SUNSET"WHIGH WILL INCLUDE THREE avdalah, dinner and ning services will be,conducted .tion to*raise money by R AND THE FOLLOWING Abbl* David D. Schonblum BUILDINGS UP TD FOUR (4) STORIES IN HEIGHT hny; a camp run by whose sermon topic will be USES: 106 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE iderprivileged chil- 'Minding Youf Business'. at a USES, RESTAURANTS, BANK .AND A: PARKING GARAGES; ALL FOR Atlanta. Call Amy p.m. March 18, Candle lighting is PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY )uth director, at ext. at 6:13 p.m: Shabbat morning DESCRIBED AS LOTS 6THRU 9,40 THRU 45, 53 THRU FS INCLUSIVE AND. services will be conducted by THE EAST 59 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION Rabbi David D. Schonblum who ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3,AT el, 137 HE 19th St., will discuss the Tqrah portion; PAGE 19B OF THE PUBLIC RECORDS OF MIAMI -DARE COUNTY. DO: Hamentaschen Vaylkrlah at 9:30 a.m. March 19. FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A lol course will be Shabbat ends at 7,07 p.m, Purim, A RESOLUTION . ED USE MEDICAL :1 lo a.m. March 13. Carnival and Klezmer Concert LARGE SCALE DEVELOPMENT USE (SIX STORY MIX OFFICE I RETAIL BUILDING AT 7150-7160 SW 621 AVENUE IN THE to make Purim's from 10 a.m. to 2:30 p.m. March RETAIL) ORIENTED DEVELOPMENT DISTRICT (MIXED kie dough. RSVP to 20. Enjoy.the games, rides 'and Waves ZEB).- at 305_573-5900, test foods FOUR y a isten to, sing, and '30th Annual Cantor dance the Joyful Klezrner songs A RESOLUTION FOR A SPECIAL USE APPROVAL TO'LOCATE is Spring Music Fes- and melodies. Kids Club sched- ,every Thursday -GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET" A UNIFIED ;hts of 20th Century ule, open to children in kinder-. DEVELOPMENT WITHIN THE "SR (HD-OV)- SPECIALTY RETAIL , CT ALL FOR PROPERTY in LOCATED GENERALLY AT 5750 SUMSET DRIVE %I at 1 p.m. March 13 garten through fifth grade: Meet 74he Hrm& (HOMETOWN DISTRICT OVERLAY) ZONING DIS %I D LEGALLY DESCRIBED iong other cantors. Ings will be held on Wednesday torial Soloist, Karina evenings, April 13 and May 11, All AS LOTS 6 THRU 9, Q THRU 45, 53 THRU 56 INKIWSIVE AND THE EAST Cost: $18. Call events will be held at the Temple. So PEET 'OF' LOTS 51 AND 62 OF W. A. LARKINS SUBDIVISION lo to RSVP. Sister- Dues for the year are.$60, which ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT Ls "Do -Re�Ml".donor will Include'regularly scheduled PAGE 198 OF THE PUBLIC RECORDS OFMIAMI-DADECDUNTY. 11:3o a.m. March 17, activities and smacks. Visit Inquiries concerning 1118 HbDV8 two Items should be directed to the C14, Cleric's oflics at 305-663-1330; the opportunity to www.tsoomiami.org, great people, enjoy n ALL interested parties are Invited to.atterid and will be heard. nd contribute to the Merle M. Menendez ?rams..For reserve City clerk D A LIJ W 0 q ti W U) ID. 1997 Resolution ( Resolution No. 264 -97 -10264 — Lowering age ®f retirement for General Employees ) RESOLUTION NO. 264 -97 -10264 A RESOLUTION OF TIIE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA., RELATING TO APPROVAL OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI ANFD AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; CITY EMPLOYEES LOCAL 3294; WIUCH AGREEMENT PROVIDES FOR AMENDMENTS TO ARTICLE II; ARTICLE XII[; ARTICLE XVI; ARTICLE XV; ARTICLE XVII; ARTICLE XIX; ARTICLE XXVII; ARTICLE XXIX; ARTICLE XX.XVII; ARTICLE XXXVIII; AND ARTICLE XXXIX OF 1994 -97 AFSCME AGREEMENT. WEIEREAS, the City Manager and the American Federation of State, County and Municipal Employees (AFSCME), Local 3294 have reached a Collective Bargaining Agreement for the 1997 -98 fiscal year; and WHEREAS, the agreement has been ratified by the union rank and file on December 12, 1997, and WHEREAS, the agreement provides, among other things, that: (a) All bargaining unit employees who are employed in positions covered by the unit on the date tins agreement is ratified by the City Commission shall receive a four percent (4 %) wage increase effective October 1, 1997. (b) Effective 1998, the Friday following thanksgiving day will be recognized as a paid holiday by the City, with the work schedule for those employees required to work on the day to be arranged by their supervisors. (c) Effective October 1, 1997, the City shall issue a jacket of quality comparable to that used by the Police Department to each employee covered by the agreement. Furthermore, safety shoes will be replaced as necessary to maintain safety standards of the Department. (d) Effective October 1, 1997, annual award in the form of a $25.00 check, along with a Safe Driver Certificate shall be presented to each employee in the following categories with a safe driving record: Heavy Equipment Operator II Leavy Equipment Operator I Waste Collection Driver Field Foreman Landscape Supervisor Building Maintenance Supervisor (e) Effective October 1, 1997, the retirement age shall be reduced from 60 years to 55 years for all general employees, and the pension benefit multiplier factor shall be two and one quarter percent (2.25 %) in 1997; two and one half percent (2.5 %) effective October 1, 1998: and two and three quarters percent (2.75 %) effective October 1, 1999. (f) Effective October 1, 1997, any employee that works in a higher pay status classification for three (3) consecutive work days will receive pay of the lowest step of the higher classification or a one (1) step pay increase (whichever is higher) for all consecutive hours worked in the higher classification. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission hereby ratifies the aforesaid amendments to the agreement between AFSCME Local 3294 and the City of South Miami, Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 16th day of December, 1997. primma'a'— -'w READ AND APPROVED AS TO FORM: zt CITY ATTORNEY COMMISSION NOTE: 5 -0 Mayor Price: Yea Nice Mayor Robaina: Yea Commissioner Oliveros: Yea Commissioner Bethel: Yea Commissioner Young: Yea Wwzoz'y: =F OZWC-U ELI m¢ •i. `.0 ZpymOK. -ZC OZ --owuji QUm Mcco RwO' •..2, �O KImOW � � pra.>OU >. trWO¢OT.�: .! pWa0.rOW •�'bi : ¢ (C Z a 1b r d a.:,r,.6 Cr z 1U- ZZ of 0 0 t' ¢UWr ai W Z,4- �. -�w I!x- 'QSwwUZ `� UrOMZD?::U Z00¢mUr U Ztr?D.^ZZ a Z`Z cc W pm'2¢O O }� 2ZO , Z ZZr a §EK Z 6UrM 0 Q +.SU.rn cl -.o Tto',1 'M E /R mt t :0 m N. •. m`m .m == E o N '..zfcg`':U .. n o GU OF-S 111 0& . 0 . W . Z SI -O>z xx_Op Z_ -5 'LLvD¢�pW QzON Z '0 '0 �Cg.0m. W E ~ W�UOcc 5iC 15 t;. ' V=)OZz� -„Q. .00 -st.rz '�'rW j0'�Up }Z }FrNO U.QOW1�--•�'a".lUWWZ ZOa. �`.. Q. Z.4.IW D�w' Z<ZU'Z �zgo��L'`.�¢ZOWo "!D��DL, O >�n�@' O W 0pwu0 0 — P =cc to > 11 -'w5 =J irm O�Fa�Fa oZowo.o -.'p >d .20m :q SQz y� .. 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N 9 "o�- f 2m 'C w Occ0ZN Ld OpR z r qr ¢ coo<pnLo Zt0 p'� O 6UtgQJMo <uw RU O zp ooww*u7 U) d -'Z l+apZO Ox(900ru jgWZr m2 _y _ :0 Kz .:O .'S'C'&U9U2 :s x o,p a uLL�, m p o O N € c m gN T S E Z U m m U w g •N t B } LU V O N N V U ro" •C N N W M �L m m m O w =mmmmoo ~ y U) C `° � E am'OZE mm O >, O G• v! m - D m m Eym' - oy °aN O= E,mg>E O �w c DymEm mNLp N LU mml 0 N °c c f� i 2°b - c d my � 2E. 00 N E 0 T. - mm �D o x OdO O m m oOtl ,-�cm_m EN �gao � m? O N JIE m p itz = .'m vZ .d a C$ j � mC �M O c N O U O N } m mnNL.^2 °° N ' O N ¢ C m c d ° m E oJ m >. o J m= w¢ ... a m m m a-NC E .° �. J� p � t ¢ �.: ¢ LL S` v °` rim a� � x v •v_ d m c° a ° m 2Q =Q m m D C7 x Z y �. a E o m `m N` m m io > N ,p O T `m °- v N a JOB ioQ Lm..W� ma: -a F- ¢ 0< X d umi3mc m m5 m`m m a a c d.,c c E mm'=�Z w } ¢ -° W }¢' QaH LL U IL LL Oy 0 m mrn mQ¢ NLL J Lu w LL= U r X•= X co o N rmO -8mmc c 'C NIL an d d� O U c= O!m w 0 V C °- � N O m Q L W `m LL d ?i m �, m m W m J am 0 }} J m O. O 3 T N C O y C m C � 'O .L m� L MA, V a O >, E 'O J LL Q F- O i U y C O N O >¢mU.° F O Ud c3 o m 0 O m. cmNC....m 3 NU QCL U.cu mm as mmc m w o �? p a uLL�, m p o O N € c m gN T S E Z U m m U w g •N t B uc4 rs, ` COURTESY NOTICE . CITY -OF SOUTH WAM19 �oR,U FLORIDA On Tuesday, May 20., 2008, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: A. RESOLUTION RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD TO DENY PROPOSED TAKE -OUT ORDER SIGNAGE FOR CARRABBA'S ITALIAN GRILL AND OUTBACK STEAKHOUSE-,RESTAURANT LOCATED AT 5829 SW 73 STREET (SOUTH.MIAMI MUNICIPAL . PARKING GARAGE). A RESOLUTION RELATING TO.THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT, TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR. THE .EXTERIOR RENOVATION, PAINTING AND SIGNAGE ON A DESIGNATED: HISTORIC COMMERCIAL BUILDING LOCATED AT 5904.SUNSET DRIVE (AMSTER BUILDINGS). A RESOLUTION RELATING TO A REQUEST-PURSUANT TO.:' SECTION 20- 3.4(13)(4)(b) OFTHE LAND DEVELOPMENT CODE FOR- A SPECIAL USE APPROVAL TO LOCATE A GENERALRESTAURANT LOCATED AT 5734 SW 72 "' STREET WITHIN THE- SR (HD�OV) SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY)_ ZONING. DISTRICT. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE.-OF ORDINANCES BY CREATING ' SECTION.. 7 -16 "PRE-:- j- CONSTRUCTION AND CONSTRUCTION STANDARDS FOR S.ITES;" REQUIRING CONSTRUCTION SITES. TO 13E. KEPT. IN .A CLEAN AND ..ORDERLY "CONDITION;- REQUIRING ' THE. INSTALLATION OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG THE:. BORDERS. OF THE SITE, AND TO :PROVIDE DETAILED PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO CONSTRUCTION. - AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI„ CODE OF ORDINANCES BY MODIFYING SECTION 7- 15.2 "DEMOLITION REQUIREMENT STANDARDS" . -O I PROVIDE .: ADDITIONAL CLARITY AS TO PROCEDURES FOR' OBTAINING: FENCE PERMIT. PRIOR TO DEMOLITION -.AND 'CONSTRUCTION; PROVIDING FOR . SEVERABILITY; ORDINANCES Ifs :CONFLICT;'.• AND AN EFFECTIVE DATE. AN ORDINANCE RELATING TO AMENDING THE -CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 1, SECTION 2 -2.:1 (H) AND-,` (J) ESTABLISHING PROCEDURES FOR PUBLIC COMMENTS IN':.-- ORDER TO FACILITATE AN ORDERLY PROCESS ;W`.MANAGING`;,: PUBLIC COMMENTS. AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- :20 "VARIANCE APPROVALS" IN ORDER TO . ADD. A: SUBSECTION _.':(H): ' PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING- SECTION 20- 611(13)(3)(h) IN ORDER TO REMOVE THE EXISTING GUIDELINE. AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT CODESECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEAROOM FACILITYAS A PERMITTED' USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT. . (AN ORDINANCE AMENDING THE CITY.OF SOUTH MIAMI PENSION LAN, . PROVIDING FOR A .RESTATEMENT.OF.. THE PLAN TO ONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME O THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; ROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN. TO , OMt'LY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING OR SEVERABILITY; PROVIDING FOR CODIFICATION. N ORDINANCE ADOPTING THE EVAULATION AND.APPRAISAL REPORT (EAR) BASED -TEXT AMENDMENTS TO THE SOUTH. .MIAMI • COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;TRANSPORTATION; HOUSING INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN . SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS. If you have any inquiries on the above items please contact the Planning and Zoning Department's office at: 305 - 663 -6326. ALL interested parties are-invited to attend and will be heard. Maria M. Menendez, CIVIC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respectto any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. co 0 Q r' a 0 z Ln w UA ua x L N 0 Z E �o n ti ��u