Ord. No. 46-05-1868ORDINANCE NO. 4 6- 0 5 -18 6 8
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 COMPLIANCE WITH
CHAPTER 2004 -21, LAWS OF FLORIDA AND AMENDED
SECTION 185.05(6) OF THE FLORIDA STATUTES, TO
PROVIDE THAT PARTICIPANTS MAY AUTHORIZE
DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION
FROM NET BENEFITS FOR SPECIFIC PURPOSES;
PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the 2004 Florida Legislature enacted Chapter 2004 -21, Law of Florida,
which amended Section 185.05 of the Florida Statutes, creating new sub - section (6) to authorize
the trustees of the city's pension plan, when authorized by a participant or participant's
dependent, to make certain deductions from monthly retirement payments; and
WHEREAS, an amendment to the city code is necessary to permit such deductions; and
WHEREAS, the trustees of the City of South Miami Pension Plan have requested and
approved such an amendment as being in the best interests of the participants and beneficiaries
and improves the administration of the plan; and
WHEREAS, an actuarial impact statement is not necessary since this amendment is not a
change in plan benefits,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Section 16 -24(e) of the South Miami Code of Ordinances is hereby
amended to read as follows:
Sec. 16 -24. Limitations generally.
(e) Alienation of proceeds, levy, etc; prohibited. No participant 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 board of
trustees to withhold from the monthly benefit those funds necessary to pay
for the benefits being received through the city, to pay_ the certified
bargaining agent of the city, and to make any payments for child support
or alimony.
Pg. 2 of Ord. No. 46 -05 -1868
Section 2: 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 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.
Section 4: This Ordinance shall take effect immediately upon approval.
PASSED AND ADOPTED this day of /����� '2005
ATTEST:
APPROVED:
CITY CLERK R
1St Reading - 12/6/05
2nd Reading- 12/20/05
G: \ \SMPF \PLAN \ORDN \HB251 CityPlan- OrdnAmendrnent
COMMISSION VOTE:
4 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Wiscombe:
Absent
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
SUGARMAN & SUSSKIND 7
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman* 2801 Ponce De Leon Boulevard
Howard S. Susskind Suite 750
Kenneth R. Harrison, Sr. Coral Gables, Florida 33134
David E. Robinson (305) 529 -2801
D. Marcus Braswell, Jr. Broward 327 -2878
Pedro A. Herrera Toll Free 1- 800 - 329 -2122
Facsimile (305) 447 -8115
♦ Board Certified Labor
& Employment Lawyer
August 24, 2005
City Commission
City of South Miami
c/o Maria Davis, City Manager
6130 Sunset Drive
South Miami, Florida 33143
Re: Summary of Proposed Ordinance Amendment —
City of South Miami Pension Plan
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 ordinance amendment to be considered by the
City Commission.
The Board of Trustees of the Pension Plan recommends adoption of this proposed
ordinance amendment to the existing code in order to comply with Chapter 185 of the Florida
Statutes.
Florida Law 2004 -21 specifically amended Section 185.05 of the Florida Statutes
allowing municipalities that receive state contributions under Chapter 185 of the Florida Statutes
to authorize trustees of the city's pension plan, when authorized by a participant, to make
deductions from monthly retirement payments and make direct payments to certain third parties.
The City of South Miami receives such state contribution under Chapter 185. The following
summarizes the necessary amendment to the existing code in order to provide such authority to
the Board of Trustees for the City of South Miami Pension Plan.
Section 16 -24. Limitations generally.
(e) Alienation of proceeds, levy, etc; prohibited. This section of
the code prohibits participants from assigning or alienating any
payments of pension benefits.
4'
The proposed amendment would allow a participant to authorize the board of trustees,
withhold amounts from any monthly benefit payment and to pay directly to certain third parties
necessary amounts to pay for benefits being received through the city or the certified bargaining
agent and to make payments for child support or alimony.
This amendment allows for direct payment of continued group insurance provided by the
city that the city is required under Section 112.0801 to offer to all retirees.
112.0801 Group insurance; participation by retired employees. -Any state
agency, county, municipality, special district, community college, or district
school board which provides life, health, accident, hospitalization, or annuity
insurance, or all of any kinds of such insurance, for its officers and employees
and their dependents upon a group insurance plan or self - insurance plan shall
allow all former personnel who have retired prior to October 1, 1987, as well as
those who retire on or after such date, and their eligible dependents, the option of
continuing to participate in such group insurance plan or self - insurance plan.
Retirees and their eligible dependents shall be offered the same health and
hospitalization insurance coverage as is offered to active employees at a premium
cost of no more than the premium cost applicable to active employees. For the
retired employees and their eligible dependents, the cost of any such continued
participation in any type of plan or any of the cost thereof may be paid by the
employer or by the retired employees. To determine health and hospitalization
plan costs, the employer shall commingle the claims experience of the retiree
group with the claims experience of the active employees; and, for other types of
coverage, the employer may commingle the claims experience of the retiree group
with the claims experience of active employees. Retirees covered under Medicare
may be experience -rated separately fi°om the retirees not covered by Medicare
and from active employees, provided that the total premium does not exceed that
of the active group and coverage is basically the same as for the active group.
This amendment also allows for direct payment for child support of alimony, as required
by an appropriate court order, under the Alvarez case, 580 So.2d 1st DCA (Fla. 1991), which
makes the Retirement System subject to income deduction orders and provides the only
exception to the non - alienation provisions as set forth in Board of Trustees of the City General
Employees Pension Plan, City of Jacksonville v. Vizcaino, 653 So.2d 1012 (Fla. 1 st DCA 1994),
in which the Court held:
However, the QDRO exception to the prohibition against
assignment or alienation of pension benefits is of no assistance to
Anna because, as the parties correctly recognize, "governmental
plans " (defined as including plans established or maintained by a
political subdivision of a state) are expressly excluded from ERISA
coverage. 29 U S. C. Secs. 1003(b) (1) & 1002(32).
Therefore, the board believes that enactment of this amendment should reduce
administrative activities in relation to third party payments and improve efficiency in delivering
pension benefits to retirees of the pension plan.
The Pension Plan actuary has provided a statement of no impact 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,
KENNETH R. HARRISON, SR.
cc: Board of Trustees, c/o Benefits USA
Larry Wilson, Actuary, Gabriel, Roeder, Smith & Co.
(_U O IV.Lu_!_
VICE OF A COPY OF THIS NO-
TICE ON THEM.
All other creditors of the decadent
and other persons having claims or
demands against decedent's estate
must file their claims with this Court
WITHIN 3 MONTHS AFTER THE
DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITH-
IN THE TIME PERIODS SET
FORTH IN SECTION 733.702 OF
THE FLORIDA PROBATE CODE
WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIODS SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT'S DATE OF DEATH
IS BARRED.
Thu date of first publication of this
notice Is December 9, 2005.
Personal Representative:
Marla Carolina Quintero
11304 NW 51 Terrace
Miaml, FL 33178
Attomey for Personal Representative:
MICHAEL 13, AXMAN, ESO,
Florida Bar No. 370800
ADORNO A MOSS LLP
2525 Ponce de Leon Blvd, Suite 400
Coral Gables, Florida 33134
Telephone; (305) 460 -1 ON
12/9 -16 05.7 -37/19 5808M
NOTMETOGREDUCM
IN THE CIRCUIT COURT FOR
MIAMI -DADE COUNTY, FLORIDA
PROBATE DIVISION
Case Number. 05-4163 CP 04
I N RE: ESTATE OF
GLENN RAYMOND SHOLTON,
Deceased,
The administration of the estate
of GLENN RAYMOND SHOLTON,
deceased, Case Number 05.4163
GP 04, Is pending In the Circuit
Court for MIAMI -DADE County,'
Florida, Probate Division, the ad-
dress of which is 73 W Flagler
Street, Miami, Florida 33130. The
name and address of the Personal
Representative and the Personal
RepresentallvB's attorney are set
forth below.
All creditors of the decedent and
other persons who have claims or
demands against decedent's estate,
including unmatured, contingent, or
unllquidated CJaims, on whom this
notice Is served are required to file
their claims with this Court WITHIN
THE LATER OF THREE MONTHS
AFTER THE DATE OF THE FIRST
PUBLICATION OF THIS NOTICE
OR THIRTY DAYS AFTER :THE
DATE OF SERVICE OF A COPY
OF THIS NOTICE ON THEM.
All other creditors of the decadent
and other persons having claims or
demands against decedent's estate
must file their claims with this Courl
WITHIN THREE MONTHS AFTER
THE DATE OF THE FIRST PUBLI-
CATION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITH -'
IN THE TIME PERIOD AS SET
FORTH IN SECTION 733.702 OF
THE FLORIDA PROBATE CODE
WILLBE FOREVER BARRED -
NOTWITHSTANDING THE TIME
PERIODS SET FORTH ABOVE
County, Florida, Probate Division,
the address of which Is 73 West Fla -
gierStreet, Room 238, Miami, Florl-
do 33130. The names and address-
es of the personal reprasentatives
and the personal representative's
attorney are set forth below.
All creditors of the decedent and
other persons having cialma or do.
mends against decedent's estate
on whom a copy of this notice has
been served must file their claims
with this court WITHIN THE LATER
OF 3 MONTHS AFTER THE DATE
OF THE FIRST PUBLICATION OF
THIS NOTICE OR 30 DAYS AF-
TER THE TIME OF SERVICE OF A
COPY OF THIS NOTICE ON
THEM.
All other creditors of the decedent
and other persons having claims or
demands against decedent's estate
must file their claims with this court
WITHIN 3 MONTHS AFTER THE
DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE.
ALL CLAIMS NOT SO FILED
WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIOD SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT'S DATE OF DEATH
IS BARRED.
The date of first publication of this
notice is Decembers, 2006.
Personal Representative:
Margaret Layne
1250 W. Oak Way
Woodstock, GA 30188
Attomey for Personal Representative;
DAVID M. VOGEL
Florida Bar No, 0151180
BEHAR,aU TAQtAZEH,P.A-
2999 N.E. 181st Street, Fifth Floor
Averium, Florida 33180
Telephone: (305) 931 -3771
12/916 05.7.38/8158MM
TO
IN THE CIRCUIT COURT FOR
MIAMI -DADE COUNTY, FLORIDA
PROBATE DIVISION
File No, 05 -4681
Division: CP 01
IN RE: ESTATE OF
JAMES WILLIAM BARFIELD,
Deceased.
The administration of the estate
of JAMES W. BARFIELD, de-
ceased, whose date of death was
August 6, 2005, and whose Social
Security Number Is 135 - 10.0477, Is
pending in the Circuit Court for
Miaml -Dade County, Florida, Pro-
bate Division, File Number: 05-4681
CP 01, the address of which Is 73
West Flagler Street, Miami, Florida
33130. The name and address of
the Personal Representative and
the Personal ReprasentaHve's at-
torney are set forth below.
All creditors of the decedent and
other persons having claims or
demands against decedent's es-
tate on whom a copy of this notice
is required to be served must flla
their claims with this court WITHIN
THE LATER OF 3 MONTHS
AFTER THE TIME OF THE FIRST
PUBLICATION OF THIS NOTICE
LnMMUIJT VYrtl l C Q L#V1~ti
Attorneys for Personal
Representative
550 Blllmore Way, Suits 810
Coral Gables, Florida 33134
Telephone: 305/529.1500
Fax: 3051529/8865
e-mail: wmuir_* dwi- law.com
12/9 -16 05 -7- 39/615811 M
7Q
IN THE CIRCUIT COURT IN AND
FOR MIAMI -DADE COUNTY,
FLORIDA
PROBATE DIVISION
File No. 05.4275
Division: CP 01
IN RE: ESTATE OF
SYLVIA S, BLOUNT,
Deceased.
The administration of the estate
of SYLVIA S- BLOUNT, deceased,
whose data of death was Septem-
ber 3, 2005; is pending In the Circuit
Court for Mlaml-Dado County, Flori-
da, Probate Division; File Number
r�NOTWITHSTANDING THE TIME
PERIOD SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT'S DATE OF DEATH
IS BARRED_
The date of first publication of this
notice is Dec. 2, 2005.
Personal Representative:
DAVID N. BLOUNT, JR.
1501 Venera Avenue
Suite 217
Coral Gables, Florida 33146
Attorney for Personal
Representative:
WILLIAM T. MUIR
Florida Bar No. 319074
DUNWODY WHITE A LANDON, PA
55D Blltmore Way, Suite 810
Coral Gables, FL33134
Telephone: 305/529.1500
Facsimile: 306 -529 -8855
Email: yymuirQdwl- Iaw,C4ID
12/2 -9 05.7- 16J612599M
�n
CITY OF SOUTH MIAMI
NOTICII OF PUBLIC NEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct a Public Hearing at Its regular City
Commission meeting scheduled for Tuesday, December 20, 2005
beginning et 7:30 p.m. In the City Commission Chambers, 6130 Sunset
Drive, to considerihe following Item:
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
COMPLIANCE WITH CHAPTER 2904 -21, LAWS OF FLORIDA
AND AMENDED SECTION 185.05(e) OF THE FLORIDA
STATUTES, TO PROVIDE THAT PARTICIPANTS MAY AU-
THORIZE DIRECT THIRD PARTY PAYMENTS AS A
DEDUCTION FROM NET BENEFITS FOR SPECIFIC PUR-
POSES; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
Above items ran be inspected in the City Clerk's Office. Monday - Friday
during regular office hours.
If you have any inquiries on the above Items pleasb contact the City
Clerk's office at: 305- 663.6340
ALL Interested parties are Invited to attend and will be heard.
Made M. Menendez. CMC
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 respect to any matter,' Considered at Its
meeting or hearing, he or she will need a record of the proceedings, and
that for such purpose, affected parson 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.
1 y9 05.3.321615376M
(CIT,
CASE NUMBER: SCC\
(NGmero del Case)-
NOTICE TO DEFENDAN
(AVISO AL DEMANDAI}
G.T. Finance Corporal
Persons Unknown, Clai
Lien or Interest In the
inclusive.
YOU ARE BEING SUED
(LO EsTA DEMANDANE
KAYLE SPOON, an Ind
You have 30 CALEND
are served on you to file i
served on the plaintiff. A It
ten response must be In p
case. There may be a oot
can find these court form
Online Self -Help Center (
library, or the courthouse
the court clerk for a fee N
time, you may lose the
property may be taken wit
There are other legal r
right away. If you do not ki
referral service. If you ca
free legal services from a
these nonprofit groups a
lawhelpcallfomla.org), th
(www,coutilmlo.ca.gov /se
bar assodation.
'none 30 DIAS DE CA
citacl6n y papelee Iagaic
esta torte y hater qua se
una Ilamada telaf6nica nc
ester on formato legal col
Es posibie qua hays un fc
to, Puede encontrar esto:
Centro de Ayuda de la
selfhelp/eepanol/ on Is
qua is quede mAs torte
pida at secretarto de Is cc
de cuotas. Si no present
por Incumplimlento y la cr
mae advertencla.
Hay otros requisitos let
inmedistamente. SI no 0
de remisi6n a abogados.
cumpia con los requlsito
programa de serviclos le
grupos aln fines de lucr
(www.lowhelpcal Ifo cola x
California, (www.courtin
conlacto con Is torte o at
The name and address o
(EI nombre y direccl6n df
SISKIYOU COUNTY SU
3114th Street,
P.O. Box 1026
Yreka CA 96097
The name, address, or
plaintiff without an attom
(EI nombre, la dlreccl6n
dente, o del domandante
TODD M. PETERSON,)
P.O. Box 769,
Etna, CA 96027 -0769
Tel: 530/4137.4130
Fax: 530/467 -4131
DATE: APR. 25.2005.
LARRY D. GOBELN
Clerk,
(Secretario)
by J. HALL
Deputy
(Ad)unto)
11/25 12/5 -12 -19
FO /Eo ' d 9299L,VES02 ME] I f13cl SS9N I Sf1H J.-I I tiQ T S : 0 T SOOE —S T -99C
N
U
Any Two
Two Beef
�' Two `
tg�
Dinners or Pork ; Chicken
For $12.99 11 Sandwiches I I Dinners
r Ts I1
$6.49
1 $9.99
Please Present
1 Served with I I
T6
I I
T6
Coupon When
1 French Fries, I I
Shorty 's Creamy
I i
Served with
Ordering
I I
Cole Excluding B read I I
I
Servdd with
French Fries.
I I I
I I ShOenCS Cream 1
I s
Good at all
Baby Back Rib Plates I
&BBO Steak I
I Cole Slaw &Bread 1
4 Restaurants
I Plates I'
I
Not valid with
I Not valid with
NOW OPEN
Not valid with I
I any other offer I I
any other offer
I
I I any other offer 1
DORAL
_ Exp.12/31/05
Exp.12/at /05
Exp.12131/05
2255 NW 87TH AVE
11575 BIRD ROAD
9200 S. DIXIE HWY.
5989 S. UNIVERSITY DR.
305- 471 -5554
305 - 227 -3196 305 - 670.7732 954. 680 -9900
of ludic ttt
"The Place for Curry & Kebab"
EARLY BIRD SPECIAL
5 FULL COURSE DINNER
SUN -THURS 5 -7 PM
$9 .5 TO 1295
LUNCH BUFFET SUNDAY CHAMPAGNE
Served '7 Days BRUNCH
FULL LIQUOR BAR, BANQUET HALL & OUTDOOR DINING
O� SOUTy�
F COURTESY NOTICE
J CITY OF SOUTH MIAMI .FLORIDA ,
' GOR10 , i
On Tuesday, December 20, 2005, beglnning at 7:30 p.m., in the City
Commission chambers, 6130 Sunset Drive, the City Commission will
hold a Public Hearing to consider the following Item.
AN ORDINANCE PROVIDING FOR COMPLIANCE WITH CHAPTER
2004.21, LAWS OF FLORIDA AND AMENDED SECTION 185.05(6)
OF THE FLORIDA STATUTES, TO PROVIDE THAT PARTICIPANTS
MAY AUTHORIZE DIRECT. THIRD PARTY PAYMENTS AS . A
DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES.
Inquiries concerning this item should be directed to the City Clerk's
office at 305-663-6340. .
All interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk
Pursuant to Florida Statutes 295.0105, 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 to meeting or
hearing, he or she will need a record of the proceedings, and that for such purpose, a9ected person may need to
ensure a verbatim record of the proceedings s made which record Includes the testimony and evidence upon which
the appeal Is to be based.
WE CARRY FRESH FISH & SEAFOOD
FISH MARKET_ & RESTAURANT. `;:.:
, � � :.,ty • Sri '
f
0'"�''
1540.S.W. 67th Avenue
Miami, FL 33144
305 -266 -7323