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Res. No. 036-09-12845RESOLUTION NO.: 36 -09 -12845 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the Mayor and City Commission of the City of South Miami seek to provide the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors of the City of South Miami; and WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police Benevolent Association (PBA), representing (Lieutenants and Captains) of the South Miami Police Department is an integral component of this effort; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a new one year contract which achieves these objectives; and WHEREAS, the PBA has ratified the proposed contract. NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section I: The Collective Bargaining Agreement for 2008 -2009 between the Miami -Dade County Police Benevolent Association and the City of South Miami, which is attached and herein incorporated by reference, is approved and the City Manager is authorized to execute said contract on behalf of the City; Section 2: If any section, clause, sentence, or phrase of this Resolution 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 Resolution. Section 3: This shall take effect immediately upon approval of this resolution. PASSED AND ADOPTED this (p day of rdna2'r-A '2009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY y APPROVED: COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Beckman: Yea South Miami All- AnwtaCA➢ CITY OF SOUTH MIAMI 11111f OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City,Commission Via: W. Ajibola Balogun, City From: Jeanette Enrizo, Human Resource IT' Date: March 3, 2009 Agenda Item No.: `�j�/y Subject: Approval of Contract between the City of South Miami and Miami -Dade County Police Benevolent Association (Lieutenants and Captains) Collective Bargaining Agreement. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. Request: Approving contract between the City of South Miami and Miami -Dade County Police Benevolent Association (Lieutenants and Captains) Collective Bargaining Agreement. Reason/Need: Attached is the Collective Bargaining Agreement between the Miami - Dade County Police Benevolent Association for Lieutenants and Captains and the City of South Miami for fiscal year 2008/2009. The content of the agreement is consistent with prior years, including a three percent (3 %) Cost of Living Adjustment (COLA) increase for fiscal year 2008/2009. The proposed Agreement has been ratified by the unit on February 20, 2009. Attached is a copy if the letter from the PBA attorney confirming the ratification. Cost and Funding Source: Account Number: 001 - 1910 -521 -1210 Backup Documentation: • Proposed resolution • Letter from PBA attorney confirming ratification • Collective Bargaining Agreement 2008 -2009 o Pension Ordinance 16 -08 -1951 titled "Pension Plan" AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION LIEUTENANTS AND 2008/2009 Section Preamble Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Table of Contents Page 3 Recognition 3 Non Discrimination 3 Dues Check -Off 3 Association Representatives 4 Services to the Association 4 Personnel Records 4 -5 Internal Investigation and Obligation to the Public Vehicles and Safety Equipment Promotions and Removal Training Grievance and Arbitration Procedure Holidays Sick Leave Funeral Leave Leave of Absence Vacation Leave Extra -Duty Police Employment Insurance Benefits Management Rights Work Stoppages Awards Military Leave Authorized Use of Private Automobile Bulletin Boards Severability Clause Compensation Prohibition Against Re- Opening of Negotiations Uniforms and Equipment Physical Examination and Workers Compensation Retirement Benefits Educational Incentive Employee PregnancylMatemity Leave Employee Assistance Program Abolishment of Merger Americans With Disabilities Act Term of Agreement Page 2 of 21 5 -6 7 7 7 7 -9 9 10 -11 11 11 -12 12 12 -13 13 13 -14 14 15 15 15 15 15 15 -16 16 16 -17 17 -18 18 -19 19 19 20 20 20 21 PBA — City PREAMBLE This Agreement is entered into by the City of South Miami, Florida, hereinafter referred to as the "Employer" or the "City" and the Dade County Police Benevolent Association, Inc., hereinafter referred to as the "Association ", for the purpose of promoting harmonious relations between the Employer and the Association, to establish an orderly and prompt procedure for the resolution of grievances, to insure continuation of normal activities and departmental operations, to settle differences which inight arise and to set forth the basic and full agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment. ARTICLE 1. RECOGNITION The Employer hereby recognizes the Dade County Police Benevolent Association as the collective bargaining agent for all permanent full -time sworn police personnel of the rank of Di,,,isien " "'°r> Police Lieutenant and Police Captain, but excluding all other employees of the City of South Miami, including the Chief of Police, Assistant Chief of Police, Police Major, Police Sergeant and Police Officer, ARTICLE 2. NON - DISCRIMINATION There shall be no discrimination, interference, restraint, or coercion by the Employer or the Association against any employee because of Association membership or non- membership, or because of race, creed, color, sex, marital status or national origin. All reference to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees. ARTICLE 3. DUES CHECK -OFF 1. Any member of the Association, who has submitted a properly executed dues authorization card or written statement to the City Manager or their designee in accordance with a format prescribed or approved by the City may, by request in writing have their membership dues in the Association deducted and from thereafter, wages. be Dues shall 'be deducted each bi- weekly pay p eriod transmitted to the Association. However, the City shall have no responsibility or any liability for any monies once sent to the Association, nor shall the City have any responsibility or any liability for the improper deduction of dues. Further, the Association shall hold the City harmless for non - intentional errors in the administration of the dues deduction system. 2. It shall be the responsibility of the Association to notify the City Manager or their designee of any change in the amount of dues to be deducted at least thirty (30) days in advance of said change. Under no circumstances shall the City be required to deduct Association fines, penalties, or assessments from the wages of any member. 3. Any member of the Association may, on thirty (30) days written notice to the City and the Association, request the City to cease deducting dues from their wages. �s *:n. w- Page 3 of 21 ti BA City ARTICLE 4. ASSOCIATION REPRESENTATIVES 1. One member of the Association shall be allowed to attend bargaining sessions for the purpose of renegotiating this Agreement without loss of pay, should the meeting take place while the member is on duty, if approved in advance by the Chief of Police. Should the member be off duty during a bargaining session, he shall not be entitled to any compensation. All bargaining sessions shall be set by mutual agreement between the parties. 2. The Association Representative shall be allowed to process grievances without loss of pay, should such processing take place while the Association Representative is on duty. There shall be a cap of one (1) hour total time which the Association Representative may spend on any one grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association Representative is on duty. ARTICLE 5. SERVICES TO THE ASSOCIATION 1. The City will furnish the Association a copy of the Police Department's Rules and Regulations. 2. The City will allow the Association and its representatives reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal use, upon (5) days written request therefore to the City Manager or their designee. 3. The City will provide a mailbox for each employee for use by the City and the Association to distribute mail and other communications. The aforesaid mailboxes may be used by the Association strictly for the purpose of transmitting material of an informational nature, and shall not be used for the purpose of communicating material tending to, directly or indirectly, disparage any elected or appointed official of the City. 4. Upon written request by the Association, the City will provide, on a semi - annual basis, a complete roster of the bargaining unit, including name, rank, address, telephone number, social security number and current pay scale. ARTICLE 6. PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to inspect their official personnel file and/or their closed Internal Affairs file during normal business hours and shall not be compensated should said inspection occur outside employee's regular duty hours. The employee shall have the right to request duplicate copies of any items in their official files, upon payment of the usual charge thereof. 2. Employees covered by this Agreement shall receive copies of any disparaging items which are placed in the employee's official personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items which are placed in the employee's official personnel file. All written responses shall be sent to the Chief of Police via chain of command not more Page 4 of 21 WBA A. The interrogation shall be conducted at a reasonable hour, preferably at a time , when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Department. C The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under investigation shall be asked by and through one (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. Page 5 of 21 BA "I P cloy than ten business days following the day of receipt by the employee. Written responses shall strictly parallel the disparaging item(s) of concern. of the employees shall be kept 3. To the extent permitted by law, all personnel records be released to any person except: authorized officials of the confidential and shall not City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PBA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without their 5. express written consent. The City shall purge all records of counseling and oral warnings from employees' personnel files after five (5) years of service without receiving further related Such documents shall be kept in a separate file. counseling or oral warnings. ARTICLE 7. INTERNAL INVESTIGATION AND .OBLIGATION TO THE PUBLIC 1. The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties with the public involves those employees in all manner of contacts and relationships arise or complaints maybe and out of such contacts and relationships, questions may concerning the actions of employees covered by this Agreement. Investigation made of such questions and complaints must necessarily be conducted by, or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. City and the interests of its citizens, the 2. In order to maintain the security of the protect agree that the City must have the unrestricted right to conduct investigations parties of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time , when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Department. C The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under investigation shall be asked by and through one (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. Page 5 of 21 BA "I P cloy E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of their choice who shall be present at all times during such interrogations whenever the interrogations relate to the employee's continued fitness for law enforcement services. F. The formal interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his rights prior to the commencement of the interrogation. H. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. I. An employee under investigation may obtain, a copy of any written statement he has executed. J. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal, or other disciplinary measures. No promise of reward shall be made as an inducement to answering questions. K. No employee may be compelled to testify before, or be questioned by any non - governmental agency unless under proper court subpoena. L. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. M. An employee who is criminally charged in any jurisdiction with a felony or a serious misdemeanor including but not limited to, DUI, lewd and lascivious conduct, indecent exposure or perjury may, upon review of the circumstances by the Chief of Police, be relieved of duty without pay or benefits. If exonerated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty. Any employee placed on leave without pay shall remain on the City's Employee Census but shall be responsible for the full cost of health insurance premiums, during the . relief from duty period. N. Upon conclusion of an internal review investigation, employees, designated as subjects, shall be given a written disposition of said investigation. O. Not sustained or unfounded letters of complaint from citizens will not be inserted into an officer's official personnel record. P. The charge of "conduct unbecoming" and all similarly vague charges will not be used by the City unless further substantiated by specific charges. Q. Should disciplinary action result from an internal investigation, an employee may, at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which is for five (5) days or less, however the exercising of such option will waive the right to otherwise appeal the discipline. Page 6 of 21 i PBA a\ \ Citv 1. The City will make agood -faith effort to masntain police vehicles and safety equipment in proper working order. Police vehicles operated by the City shall comply with the standards and requirements of applicable State Statutes governing motor vehicle safety equipment. Employees will as soon as possible report any broken and /or malfunctioning equipment to their supervisor. Employees shall keep the vehicles cleaned and fueled. It is the responsibility of officers with assigned Take -Home Vehicles to promptly deliver their vehicle to the Motor Pool when repairs are necessary for scheduled preventative maintenance. ARTICLE 9. PROMOTIONS REMOVAL AND SEL Lieutenant and Captain serve at I. Employees in the ranks of t promotions serve and the will and pleasure of the Chief of Police. Accordingly, p removal of employees from the ranks of ' "'> Lieutenant and ."Captain for non - disciplinary reasons shall remain within the sole discretion of the -Chief of Police. 2. In the event„ of such removal, the employee will revert to his/her last tested pesit-iea rank and will be credited with the seniority accrued as a Ge nnaander, Lieutenant or Captain. ARTICLE 10. TRAINING I. The City will provide each employee a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 2. The City agrees to pay for any course at the School of Justice, Miami Dade College which employees are required to attend. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requirements. The City may provide additional training in its discretion. 3. The City shall attempt to provide weapons training for all employees, but, in no event will such training be less than once annually. Their training is in addition to the training provided under paragraph 10.2. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons . which have been approved by the Department and in accordance with Article 28. The City agrees to provide ammunition for firearms training. 4. The City agrees to sponsor and encourage members of this unit to attend and participate in management level training, upon approval of the Chief of Police and within the budgetary constraints of the City. ARTICLE 11. GRIEVANCE AND ARBITRATION PROCEDURE 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of their Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation and application of this Agreement. 2. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the Page 7 of 21 � A ' ,P$ ✓''City steps of this Article, their grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. 3. Grievances shall be presented in the following manner: STEP l: The employee shall first take up their grievance with the Chief of Police within seven (7) calendar days of the occurrence of the event(s) which gave rise to the grievance, or within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be. The grievance shall be reduced to writing and shall be discussed by and between the employee (or the representative of the Association and the employee) and the Chief of Police within ten (10) calendar days of the presentation of the grievance. The Chief of Police, shall within ten (10) working days after such discussion (or such longer period of time as is mutually agreed upon), render his decision in writing, with the copy to the Association; STEP 2: In the event the employee is not satisfied with the disposition of the grievance in Step 1, he shall have the right to appeal the Chief of Police's decision to the City Manager within seven (7) calendar days of the date of issuance of the Chief of Police's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or, at the employee's option, the representative of the Association, requesting that the Chief of Police's decision be reversed or modified. The City Manager shall, within fifteen (15) working days of the appeal (or some longer period of time as is mutually agreed upon) render a decision in writing with a copy to the Association. 4. Where a grievance involves discharge, suspension or disciplinary demotion invoked by the City, such grievance shall be filed at Step 2 within ten (10) calendar days from the date the employee receives the discipline notice. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 2 above, either party may request that the grievance be submitted to arbitration within fifteen (15) calendar days.after the City Manager renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to furnish a panel of nine (9) names from which each party shall have the option of striking four (4) names in alternating fashion, thus leaving the ninth, which will give a neutral or impartial arbitrator. The party requesting arbitration will strike the first name. Either party may reject up to two (2) arbitration panels in any given case. 6. The City and employee (or the Association) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine their decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine their consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or Page 8 of 21 �PBA _. city amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supercede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 7. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. 8. The parties shall make their choice of the impartial arbitrator within seven (7) calendar days after receipt of the panel from the American Arbitration Association. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be famished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. ARTICL7E 12. HOLIDAXS 1. The below- Iisted paid holidays shall be granted under the following conditions: 1) January I New Year's Day 2) 3rd Monday of January Martin Luther King's Birthday 3) Yd Monday of February President's Day 4) 3`d Monday of May Memorial Day 5) July 4 Independence Day 6) 1' Monday of September Labor Day 7) November 11 Veteran's Day 8) Forth Thursday in November Thanksgiving Day 9) Friday after Thanksgiving 10) % day December 24 Christmas Eve 11) December 25 Christmas Day 12) Birthday After 1 year continuous service 13) Floating Holiday Afterl year continuous service 2. Where observance of these holidays may interfere with the work schedule, such observance on an alternate date may be made at the department head's discretion, with the approval of the City Manager. If an employee is required to work on a holiday, the employee shall have the right to take an otherwise regular work day off with the approval of the Chief of Police. 3. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the preceding Friday shall be observed. These alternate observances of holidays shall occur as long as there is acceptable police coverage of the City. Page 9 of 21 Z111 PBA City ARTICLE 13. SICK LEAVE 1. Sick leave shall be granted to employees for absence because of (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of their position and not arising from a service - connected injury or accident. (b) Medical, dental or optical treatments and examinations. (c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of their position and arising from a service - connected injury or accident, but only after all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory. (d) Illness or injury to a member of a bargaining unit member's immediate family that requires the employee to care for that immediate family member. 2. Employees shall be credited with one (1) day of sick leave at the end of each month during the year. 3. Sick leave may betaken only to the extent that it is accrued. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4. Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout. 5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Section 4 of this Article. 6. All current employees, as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "no -cap" maximum on sick leave accrual. All employees who have attained a sick leave balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual unused sick leave balance in excess of 288 hours to vacation leave. An employee who uses in excess of 32 hours of sick leave during a one -year period will not be eligible for this benefit. The catastrophic illness bank will be abolished and accrued hours will be returned to employees who have accrued this leave. Sick leave donated to assist other employees in need shall not be counted against the donating employee for the purpose of conversion to vacation. 7. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection with such unearned leave, except in cases where the employment is terminated by the death of an employee, or in cases where and employee is unable to return to duty because of their disability, the evidence of which shall be supported by an acceptable medical certificate. 8. In all cases of absence on sick leave in excess of three (3) work days and in cases of absence on sick leave for any period less than three (3) work days when the Chief of Police shall so direct, the written request for sick leave shall be accompanied by a certificate signed by the physician or other licensed medical practitioner treating the Page 10 of 21 PBA itv employee, certifying as to the incapacity of the employee during such period to perform the usual duties of their position. Such directives shall be valid and in force for a period not to exceed four (4) months. Chief of Police may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3) workdays, or for any absence when so directed by the Chief of Police, shall result in the absence being charged to the vacation leave of the employee and possible disciplinary action. 9. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for leave deposited in the sick leave bank in accordance with following schedule: After 5 years of continuous service 25% After 10 years of continuous service 50% After 15 years of continuous service 75% After 20 years of continuous service 100% 10. The parties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege. 11. In the event an employee is killed in the line of duty, or a death by natural causes, their heirs shall receive one hundred percent (100 %) of their accumulated sick leave time. 12. Any sick leave donated to other City employees shall not be counted against the donating employee in terms of use or rollover of sick time to vacation time. ARTICLE 14. FUNERAL LEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a maximum of four (4) work days in the event of a death in the employee's family. Two (2) additional days of leave shall be granted if travel in excess of 250 miles one way is necessary. 2. The immediate family shall be defined as wife or husband, grandparents, parents, children, grandchildren, brothers, sisters, father -in -law, mother -in -laws, brother -in- law and sister -in -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. ARTICLE 15. LEAVE OF ABSENCE 1. "No Pay" leave may be granted by the City Manager in his or her discretion for a period not to exceed six (6) months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non - job - related disability. Maternity leave shall be treated the same as any other extended illness or non - job - related Page 11 of 21 BA disability. "No Pay" leave may be granted by the City Manager to an employee for a period not to exceed one (1) calendar month for any other purpose. 2. "No Pay" leave granted to any employee shall not be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee. 3. Any employee granted leave without pay for six (6) months or more shall be entitled to be placed by the City only if a job position is available, it being clearly understood that if the job position last held has been filled or eliminated, the City will make every effort to place the employee in another job position for which said employee qualifies. If placed in another job position, said employee shall be entitled only to the wage scale for such new position. If no job position is available, the City will give priority to said employee as soon as a new job position for which the employee qualifies, is available. ARTICLE 16. VACATION LEAVE 1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service Amount of Vacation 1) 1 to 5 years inclusive 2 -2/5 weeks or 12 working days* 2) .6 to 14 years inclusive 3 weeks or 15 working days 3) 15 to 19 years inclusive 3 -3/5 weeks or 18 working days 4) 20 years and over 4 -1/5 weeks or 21 working days (a) Vacation shall require approval of the Chief of Police or their designee, and at no time shall an employee be allowed to use more vacation leave than has been accumulated. (b) Earned vacation time is principally intended for use during the year in which it is earned. Under exceptional circumstances and upon written request within the year in which the vacation time is earned, such time may be used up to 30 days past the employee's anniversary date with the written approval of the City Manager. (c) Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of Police, upon written application by the employee in advance, and at the convenience of the City. (d) Any earned and credited vacation leave to the credit of an employee when terminating employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received. 2. An employee may request their vacation pay checks in advance of scheduled vacation pay by submitting a written request to the City's Payroll Department at least two (2) weeks prior to starting their vacation. Must be preapproved by the City Manager. 3. Employees will be permitted to split their vacation dates at the discretion of the Chief of Police. ARTICLE 17. EXTRA -DUTY POLICE EMPLOYMENT 1. Police Officers authorized by the Chief of Police to perform extra -duty police employment shall charge in accordance with the Miami -Dade Police Department's extra duty rate table. Page 12 of 21 (4— � 2. Any employee who may injured while acting in the scope of such employment shall be entitled to the same rights, privileges, benefits and workers' compensation as if on duty provided that such extra -duty employment is authorized by the Chief of Police. 3. The parties agree to the formation of a committee to promulgate recommendations for a fair and equitable system of allotting extra duty work The Committee shall consist of members of the collective bargaining unit (selected by the PBA), staff and management of the police department. ARTICLE 18. INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100 % of dependent coverage for health and dental insurance. ARTICLE 19. MANAGEMENT RIGHTS 1. The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Hire and /or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Promote and/or remove employees from the ranks of Division Commander, Lieutenant and Captain for non - disciplinary reasons within the sole discretion of the Chief of Police; D. Terminate or otherwise discipline employees for just cause; E. Promote and determine the qualifications of employees; F. Lay off and/or relieve employees from duty due to lack of work or budgetary constraints. G. Transfer employees from location to location and from time to time; H. Rehire employees; I. Determine the starting and quitting time and the numbers of hours and shifts to be worked I Determine the allocation and content of job classifications; K- Formulate and /or amend job descriptions; L. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable; M. Contract and/or subcontract any existing or future work; N. Expand, reduce, alter, combine, assign, or cease any job; O. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; P. Control the use of equipment and property of the City; Q. Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof, Page 13 of 21 PBA ty R. Schedule and assign the work to the employees and to determine the size and composition of the work force; S. Determine the services to be provided to the public and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment; T. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations; U. Formulate, amend, revise • and implement policy, programs, rules and regulations; V. have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above including the right to make unilateral changes. 2. The above rights of the City are not all inclusive but indicate the type of matters or rights which belong to and are inherent in the City as the employer. Any of the rights, powers, and authority the City had prior to entering their collective bargaining agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement. 3. If the City fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. ARTICLE 20. WORK STOPPAGES 1. The Association agrees that, under no circumstances, shall there be any work stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit - down stay -in, sick -out or any other concerted failure or refusal to perform assigned work for any reason whatsoever, or picketing in the furtherance of any of the above - prohibited activities, nor shall any bargaining unit personnel refuse to cross any picket line at any location, whether the picketing is being done by the Association or any other employee organization or union. 2. The Association agrees that the City shall retain the right to discharge or otherwise discipline some or all of the employees participating in or promoting any of the activities enumerated in paragraph 1 above, and the exercise of such rights by the City will not be subject to recourse under the grievance/arbitration process. 3. It is recognized by the parties that the activities enumerated in paragraphs 1 and 2 above, are contrary to the ideals of professionalism and to the City's community responsibility. Accordingly, -it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and/or representatives which act constitutes a violation of state law or the provision herein. In addition to all other rights and remedies available to the City under state law, in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without further notice terminate their collective bargaining agreement, withdraw recognition from the Association, and cease dues deductions. Page 14 of 21 PBA ARTICLE 21. AWARDS The City will endeavor to provide a formal system of awards for various degrees of outstanding service. Employees selected as Officer of the Month or Supervisor of the Month shall receive official awards which are to be posted conspicuously in the Police Station and City Hall. Additionally, formal recognition of employee's exceptional service shall be placed in personnel files. ARTICLE 22. MILITARY LEAVE The City shall abide by any and all statutory rights employees who are also members of the United States military are entitled to. ARTICLE 23. AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee authorized to use their private automobile in the performance of their City duties will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage,:shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case - related conferences. ARTICLE 24. BULLETIN BOARDS The City shall permit the Association to post notices of an informational nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station. A copy of each notice to be posted shall be transmitted to the Chief of Police or their designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted. ARTICLE 25. SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereo% 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 Agreement shall remain in full 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 ramifications of such action of this Agreement. ARTICLE 26. COMPENSATION o Page 15 of 21 4�PBA ty Employees covered by this Agreement shall receive a three percent (3 %) wage adjustment effective October 1 2008 provided that the individual was employed as a bargaining unit employee on October 1 2008 and is still employed as of the date of ratification of this Agreement. Special Risk Pay shall remain at $40.00 per pay period for term of this contract. ARTICLE 27. PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. ARTICLE 28 UNIFORMS AND EQUIPMENT 1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following: (a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (c) Five (5) pairs of trousers; (d) One (1) hat; (e) Badge and name tag; (f) Leather goods, and accessories to include: but not be limited to: handcuffs and case, cartridge case, holster and hand held radio holder and (g) The appropriate quantity of shells; (h) One (1) jacket with zip -out lining; (i) Two (2) pairs police low quarter corfam shoes; 0) Raingear; (k) Upon employee's request, two pairs of uniform shorts shall be issued. The above items shall be replaced as needed, by the City, within a reasonable amount of time from the employee's written request. Such requests shall include the reason for replacement and is contingent upon approval of the Division Commander via chain of command. 2. Employees who are required to wear non - issued clothing will receive a clothing allotment of $600 dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one -half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered under this Agreement will receive a clothing allowance of $300 dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one -half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. Any employee who receives a clothing /uniform allowance in advance who terminates employment, except for retirement, will have a prorated portion of that allowance deducted from the final paycheck. No final Page 16 of 21 BA City paycheck will be given the terminated employee until all city -owned property such as uniforms and equipment, ID, etc., has been returned to the City. 4. Each employee shall be provided with a bullet proof vest, as needed, in the sole discretion of the City. The wearing of the vest will be at the option of employees, except in the performance of specialized duties and /or as specifically directed by the Department. 5. Each officer (upon request) will be issued a surgical gloves and a plastic pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed. 6. Employees may be allowed to carry personally -owned shot -guns and ammunition which conform to department standards once the employee is qualified for use in that weapon or an identical weapon by a certified range master. is weapons on duty are 7. All personnel who intend to carry personal subject to the following conditions: 1) The officer must complete transitional training prior to obtaining approval to cant' the firearm as provided for in Article 10.3 - TRAINING. 2). A request to carry the firearm shall be approved by the Chief of Police. 3) Firearm shall be inspected and approved by a department armorer. 4) Sworn personnel shall not modify authorized firearms. 5) Holster and ammunition clip holder shall be purchased (by employee) and approved by the Chief of Police. 6) The officer shall complete a training course pertaining to the new firearm. 7) The officer shall qualify with firearm 8) Firearms and magazines shall be carried with Department issue ammunition only. 9) The Department shall set forth the manufacturers and models approved for use. 8. Employees shall also be issued ASP'S with holsters and shall receive appropriate training for use of such ASP'S prior to issuance. 9. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard knife case, the finish of which matches the leather accessories issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case (the blade of which shall not exceed three inches in length). (.(i1 rj. 'JNDA11VA\ 1. Employees will receive an electrocardiogram,, eye exam, and physical examination to include alcohol and drug screen testing at least once a year (12 months) performed by a physician selected by the City or when requested by the City. Scheduling of the above will be at the discretion of the City, and the results will become part of the employee's permanent record. The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report. 2. 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 Page 17 of 21 �' pgA and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. 3. It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and Work Rules implemented on March 1, 2004. ARTICLE 30. RETIREMENT BENEFITS 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 "retired ". 2. Bargaining unit employees shall.be 100% vested in the retirement plan when completion of ten (10) years continuous full -time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining 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. 3. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both the City and the employees will share equally the excess amount (e. e:, should the total contribution be actuarially determined to be 17 %, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 %). 4. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 5. The retirement plan is mandatory for all employees hired after October 1, 1995. 6. 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 (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. 7. The normal retirement date (the earliest date a bargaining unit employee may retire with 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. 8. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service or prior sworn law enforcement service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by a certified company agreed to by the City and the PBA, and adopted by the Pension Board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or Page 18 of 21 hardening of the arteries, 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. 10. Attached hereto and inco rated by reference herein is Ordinance 16 -08 -1951 adopted May 20 2008 entitled " Pension Plan." ARTICLE 31. EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost oftuition for specialized educational 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 (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: a) 50%. reimbursement of the course cost for a grade of "C" or better for undergraduate courses; b) 50 %. reimbursement of the course cost for a grade of "B" or better for graduate courses; 1.;, Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub - sections a and b above; 2. The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and/or community colleges. 3. Employees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course, or said money must be repaid to the City (amount may be deducted from final pay). ARTICLE 32. EMPLOYEE PREGNANCY/MATERNITY LEAVE 1. An employee who becomes pregnant must notify the Chief of.Police as, soon as she receives a medical confirmation that she is pregnant. A pregnant employee is required to furnish a letter from her physician which will state the anticipated delivery date, the amount of time the employee may continue to work until the delivery and the types and limitations of duty to be performed by the pregnant employee. At the recommendation of the employee's physician, the pregnant employee .dray, in the discretion of the City, be placed on light duty status with the approval of the Chief of Police or their designee and the City Manager. In the event that a light duty position is not available at the police station, the pregnant employee may be utilized in other City of South Miami offices at the discretion of the City Manager. The employee's rate of pay will remain the same. 2. Pregnant employees shall be granted disability leave on the same terms and conditions as granted for other non - pregnancy - related disabilities. Any bargaining unit employee who becomes pregnant shall be entitled to unpaid maternity leave. Such maternity leave shall be granted for a period of up to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. Page 19 of 21 PBA 4� ity The City and the PBA concur that an Employee Assistance Program (EAP) would be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. ARTICLE 34. ABOLISHMENT OR MERGER 1. Whenever the abolishment or merger of the police department is contemplated, the Association shall be informed of such plans in advance and be given an opportunity to negotiate concerning the impact of such abolishment or merger proposal upon this Agreement. 2. The abolishment or merger negotiations shall include discussion of provisions for the placement of personnel in other departments or, in the alternative, severance benefits. ARTICLE 35. AMERICANS WITH DISABILITIES ACT Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or the Florida CRA. If the PBA disagrees with the action contemplated 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 laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Actor the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ARTICLE 36. TERM OF AGREEMENT Except as provided herein, all provisions 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, 2009. Page 20 of 21 A qty THIS AGREEMENT signed this CITY OF SOUTH MIAMI W. Ajibola Balogun, ' y Manager Approved as to form::"44d By: _�' Jame rosland, Attorney ,a 3 day of fA kruL , '2009. Date: 09 P-10I09. Bryant, Miller, Olive, P.A. Labor Counsel to the City of South Miami Dade County Police Benevolent Association By�� Date: �mes C. Casey, Attorney By: j o 1 Z c 1 y., Date: `, 3.- 10' { Lisa Morton, Captain 3, 2t?- @q 3 /mil D*9 Page 21 of 21 ORDINANCE NO. 16- 08 -19SI 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 H, of the South Miami Code of Ordinances is hereby amended and restated to read as follows: Part 1. Provisions governing the South Miami Pension Plan. Chapter 16 - Pensions Ord. No. 16 -08 -1951 ARTICLE I1- CITY PENSION PLAN See. 16 -11. Plan established. A MsigiiiR ension plan is hereby established and placed under the management of a pension of Tmstees for the purpose of providing retirement all owances for employees of the th Miami, Florida and shall be known as "South Miami Pension Plan." The effective plan shall be October.l, 1965. if any�rovision of this article or the application anY person or circumstance is held invalid such invalidity sha11_ not affect other or a lications of the article which can be roen effect without the invalid rovisions on and to this end the rovisions of this article aze 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 empleyee-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 1 No. 16 -08 -1951 Current index shall mean the average of the six (6) latest available monthly Consumer Price Indexes published inunediately 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. Menibe of the pensielf .Board 0 Lrustees shall mean those individuals appointed to the LT 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. No. 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 beneft 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 I 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 dsix months of employment by the City. (d) Each eEmpooyee 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. b Page 4 of 26 d. No. 16 -08 -1951 b Gredited-ser4iiii:: ELI ar�,: 153:11:11 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. exelx in shall be the first day of the calendar month coincident with or, otherwise, next following the later of the Participant's sixtiethfifty-fifth birthday and the date on which the Participant has completed ten (10) years of Credited service. (2) Police officers The nermal retifemer4 date (the earl es ` ate lice effigy h fall dueea fiF °shall 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 ofpension. The yearly amount of ension Viable 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 re-tiring prier to Oetebef 1, 1970, bgsie benefit earerneneing en: hiqchpr refirement date /. 11101 W-1 1 1 (1) Basic benefit. (a) A basic benefit e he ranleye's non 'l fetiremefA date 1 .7' L F /11 ..F siirh years J for Partici�znt'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 birthday. 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 -lamer prior to the Participant's his� 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 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 j. 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, 200L 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 . r _ , --- ---r r---A (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 A 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, f6r 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 shall be increased from 2.75, percent to 2.8 0 percent for services performed in the 2001 -2002 fiscal Year. (g) Effective October 1 2002 the pension benefit accrual rate (multiplier) for sworn olice personnel shall be increased from 2.80 percent to 2 90 percent for services performed in the 2002 -2003 fiscal year. (h) Effective October l. 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police ersonnel shall be increased from 2.90 percent to 3.00 percent. Ibe Faultiplier feeter te be applied at the time ef fetifeiiient ef each bar-- i ' — plied as preserib A ia the 1992 93 and V���eeti ba�gai . (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 any is payable determined on each valuation date which occurs after the participant's normal retirement date. The 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 benefit In no event shall the sgpplemental benefit be reduced below zero so as to affect Page 7 of 26 Ord. No. 16 -08 -1951 the amount of basic benefit. Su lemental benefits shall commence or be adjusted as of each October 1 mid shall continue thereafter for the following eleven 11 months. (c) Early retirement. (1) A paj4jeipant, elect an early retirement date which may be the first day A police officer Participant may 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, determined in accordance with the Table- 11below, to the amount of pension to which is entitled up to early retirement date in accordance with subsection (b). —Yeafstyiof -ta i rcen"tage- fetk ..<„ -1-- 4d -894 -- -2- 77492-- 4- 66.979 -- - Table— Police officer Participant-percentages for EazIy Retirement Date TABLE INSET: Years prior to Percentage normal retirement date Page 8 of 26 d. No. 16 -08 -1951 Age on normal retirement date shall be age nearest burnaay. Years prier date shall mean years and completed months from early retirement date date. Allowance for such months shall be made by interpolating in this table to normal retirement to normal retirement Commencing after the paAieipantParticipanfs normal retirement date the Basic Benefit of any partieipantParticipant 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 paAieipaatParticipant, with the written consent of his etapleyerEmployer, may elect a later retirement date which may be the fast day of any calendar month after his— normal retirement date. If the partie-ipaatParticipant's contributions shall terminate on his —late retirement, benefits shall be based on annual earnings and credited set- veeCredited service to leis late retirement date. Commencing after the partieiparr4Participant's late retirement date the Basic Benefit of any ieipantParticipant 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 pa#ie-ipaatParticipanfs 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 partie�paa Participant'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 paftieipantParticipant 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 paitieipa3itParticipant had died immediately prior to his- retirement date, there shall be payable in one sum to the ;;efte f iaryBeneficiary entitled thereto an amount equal to the excess of such death benefit over the sum of such monthly payment. (f) Optional forms ofpaymentf#ea��. (1) A peliee e FeerParticipant 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 e£€ieerParticipant 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 97 1 94 2 91 3 88 4 85 5 Age on normal retirement date shall be age nearest burnaay. Years prier date shall mean years and completed months from early retirement date date. Allowance for such months shall be made by interpolating in this table to normal retirement to normal retirement Commencing after the paAieipantParticipanfs normal retirement date the Basic Benefit of any partieipantParticipant 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 paAieipaatParticipant, with the written consent of his etapleyerEmployer, may elect a later retirement date which may be the fast day of any calendar month after his— normal retirement date. If the partie-ipaatParticipant's contributions shall terminate on his —late retirement, benefits shall be based on annual earnings and credited set- veeCredited service to leis late retirement date. Commencing after the partieiparr4Participant's late retirement date the Basic Benefit of any ieipantParticipant 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 pa#ie-ipaatParticipanfs 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 partie�paa Participant'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 paftieipantParticipant 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 paitieipa3itParticipant had died immediately prior to his- retirement date, there shall be payable in one sum to the ;;efte f iaryBeneficiary entitled thereto an amount equal to the excess of such death benefit over the sum of such monthly payment. (f) Optional forms ofpaymentf#ea��. (1) A peliee e FeerParticipant 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 e£€ieerParticipant 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 ca ^ ^- Participant may elect to receive an annuity a. Life annuity. A pel�.. -�� - p payable for life. This shall be the normal form of retirement. There shall be no guaranteed payment in excess of the accumulated contributions of the Participantmember, which contributions shall be paid to the Participant'srnernbeA estate or designated ben„fieic„Beneficiary should the Participantfnember die prior to receiving payments equal to said contributions. b. Joint and last survivor option. A pehee- ef€reer 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'sniember s death and during the lifetime of a designated joint pensionersurwiver. The Participante€fieer shall have the option may -of electing to receive the payment of a benefit (rt j fseventy- five (75) percent, sixty -six and two- thirds (66 2/3) percent, or fifty 50 percent of the Participant'smember's monthly retirement allowance to be paid at the Participant'smember's death to ahis or_ joint pensioner designated by the Participantnnernber 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 pensionersur-viver may be any natural person, but need not be the spouse of the Participantmembern In the event that the designated joint pensionereuFAver dies, � �e- the - .nt- -rs--m a: ^^ ,,,e , before the Participant'snrember-'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 , 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) See. 16 -15. Disability beriefrts. (a) If a par eipa$tParticipant becomes totally and permanently disabled for a six -month period while in the active employ of the enipleyerEmployer, he shall receive a monthly disability benefit during the continuation of suebbis- 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); redueed in aeBerd2fl6P With Tames I. A peliee e€heerParticinant shall be entitled to select Page 10 of 26 •d. 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 pa#ic-ipantParticipant 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 Eartieipantparticipant who becomes disabled on or after October 1, 1970, will be adjusted after the normal retirement date of the par-tieipantParticipant 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 partieipat0articipant ceased to be totally and permanently disabled and returns to the service of the empleyerEmployer, 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 .,_ ^^ ^_Credited service before and after suchhis period of disability. If the Participant he —does not return to the service of the etmpleye .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 impairment which can be expected to result in death or to be of long- continued and indefinite duration. The disability of any partieipeatParticipant 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 partieipantParticipant's normal retirement date, determine that the paAkipaaWarticipant is no longer totally and permanently disabled. In determining the nature, extent and duration of any pa#ieipantParticipant's disability, the pension board shall select a physician to examine such paAieiparAParticipant 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 $ariie4)aaWarticipant which prevents thehim €rem - returning to employment with the ermpleyerEmployer 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 partieipamparticipant. (a) Before retirement date. Upon the death of a partieipaatParticipant prior to his--retirement date there shall be paid to the bene€reraryBeneficiary 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 emulovee 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 paftieipantParticipant on or after his- retirement date, there shall be paid to the' eefieiar,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 participantParticipant shall have the right to name a fi iaf Beneficiary designation from time to �z� ;Beneficiary and to change suchhis b.._�e�� --� 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 th Ian hall have the right to name applicable., Police officers who are Participantsntembers e p ficiaries, jointly or sequentially and to change the beaefteiaf Beneficiary one or; more bene designation from time to time in dance with F.S. Bene fib ary,lany benefit paid to he police officer Participant to designate a Participant'sde:.__._a "FC"eris estate. (d) Cooperation of pension board. Upon the death of any partiei-pantParticipant the pension � fieia = aBeneficiary so that such board shall cooperate with the Participants his--� y plan group benefieiaryBeneficiary may receive such benefits as are provided b this or from an b p 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 paAieipairtPardcipant 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 paitieipenRartrcipant shall be entitled to elect Option 1 or Option 2, as described below, except that Option 2 shall be automatically considered as having Pbeeen elected by the �tieipantParticipant unless Option 1 is elected before the paitiei -pant P retirement date. Option 1: A cash payment of an amount equal to the aggregate of the contributions made by he participairtParticipant 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. Swem Provided that police officer Participants eligible to withdraw their contributions from thise pension pal may only withdraw their contributions without interest. Page 12 of 26 1. No. 16 -08 -1951 Option 2: Pension benefits commencing on what otherwise would have been the normal retirement date of the partieipantparticipant in an amount equal to the greater of that which can be provided by the aggregate of the contributions made by the pa4ic- ipantparticipant 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-his Ceredited service. TABLE INSET: Swam ppolice officer Participantspersetnrel, including bargaining unit exipleyeeEmployees, . 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 swern police officer Participantspersennel, including members of the bargaining unit, who are in thise plane' effective October 1, 1993 and have between ten (10) years and twenty (20) years of continuous sworn police service -* 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 emplejeeEmployees who are in this plane as of October 1, 1995, and have ten (10) years or more of continuous service s T" "k°r" will be one hundred (100) percent vested. Page 13 of 26 Ord. No. 16 -08 -1951 (c) No Supplemental Benefit shall be payable under this article (d) (1) A terminated pef6eipantParticipant's pension benefit payments shall commence on what would otherwise have been the Participant'shis normal retirement date; provided, however, that if on the date of his- termination of employment the Participanthe 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 - normal retirement date, but in no event prior to the first day of the calendar month coincident with or next following his - completion of the age requirement. The pension board roust receive such written election at least six (6) months prior to the commencement of benefits. If such pension commences before the pa#ieipaFAParticipanVs 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 part eipantParticipant ' *° -a policeman on the date of his - termination of employment determined in accordance with Table 11, 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 paAkipantParticipants who terminate employment on or after October 1, 1978. Ud� participate in this plan u on _meeting the following re uireme-nts: eligibility to participate. 2) such Employee had received a cash payment under Option 1 above. 3 Such Em to ee Pays to the ension lan an amount e ual to the amount of cash payment received under O tion 1 above plus credited B-interest compound ed annually at the rate of three 3 ercent er annum from the date on which such cash a ment was made to the date of such repayment. participate under this Ian 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 1. No. 16 -08 -1951 Sec. 16 -18. Group annuity policy. (a) The empleyerEmployer, 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 d shall, oicto ha leb betw oeen the employerEmployer and the insurance company and 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) See. 16-19. Contributions. (a) Each partieipantParticipant shall contribute in each calendar year towards the cost of the partieipaatparticipant's pension an amount equal to three (3) percent of the partieipantParticipant's earnings.. With the exception of swern police officer persermel Participants, no paAkipantParticipant shall make any contributions toward the cost of any past service pension to which the paAjeipantParticipant is entitled under this plan. The empleyerEmployer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The empleyerEmployers 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 parfieiparitParticipants, including those ee neral 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. &vorI-- pPolice officer Participantpersenael, including bargaining unit empleyeeEmployees, that are now members of the plan and any sworn-police offrcerspersennel 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, swern -police officer Participantspersennel shall contribute 7.5 percent of earnings. (1) General Employee Participants. Should the empleyerErnployer's annual contribution be actuarially determined to exceed twelve (12) percent, both the empleyerEmployer and the I artieipatttParticipants shall share equally the amount in excess of twelve (12) percent for that fiscal year. Efl .• n b r nnnc should the b o that =.» Effective October 1 2005 should the total Participant and Employers annual contribution be actuarially determined to exceed (14) fourteen _, n.,,+;,.,.,a„te shall share eaually 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 �} contributions and erxpleyerEmployer contribution over exceeds fifteen (15) percent of covered police payroll for any fiscal year, the excess olice fifteen (15) percent shall be shared equally by the f Em Toyer and swe p officerpememlel partieipantParticipants. Swea3 Ppolice officer persennel partieipantParticipant 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 ernpleyerEmployer to the insurance company in accordance with this plan 11shall represent irrecoverable contributions, except as may be otherwise provided in subsection 16- 22(b). (c) The empleyerEmployer shall pay the reasonable expenses of the pension board, including any expenses for legal and actuarial services. (d) Rollover option. A partieipantParticipant eligible to receive a refund of contributions may laces, to have an elect, at the time and in the manner prescribed by the pension board ., Y portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the perdeipantParticipant 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 b n-fie° FyBeneficiary, 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 d. No. 16 -08 -1951 (3) Distributee includes an earpleyeeEmployee or former ernpleyeeEmployee. In addition, the erapleyeeEmployee's or former errrployeeEmployee'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. Deasion befwdBoard of Trustees. (a) The pension boardBoard of Trustees shall be comprised of seven (7) members consisting of the two (2) active erapleyeeEmployees of the city elected by Participants of the Plan, two (2) citizen eleeters of the eCity, and two (2) individuals with financial backgrounds all be and the appointment of one (1) active enMAoyeeEmployee of the city designated by the city manager, all to be Upointed by the mayor with the advice and consent of the city commission. No penslei3 boardBoard 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 ahis 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; ymheut a merabefs. (c) Subject to the terms of this plan, the pension board rrrayshall 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 erapleyeeEmployees, paAieipaatParticipants 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 par k4pffi#Participant under this plan if lie- w� 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 dfetail 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 rf apnlicable 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 maybe an independent counsel or of counsel to the- employerEmployer. 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. (j) The members of the pension board may inspect the records of the emplegerEmployer 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 enipleyerEmployer or any of its officials or authorized empleyeeEmployees. from its rr-irs�id - avc- ind:.,:a t $- (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 o£ered'` ' sefyiceCredited service. (a) Sweffx- pPolice officer participantspersennel, including bargaining unit eripleyeeEmployees, nt shall be allowed te— apply - fsr perrfrissien to purchase credit for active duty in the U.S. military service, prior to emnlovment as Page 18 of 26 d. No. 16 -08 -1951 a Police officer with the City in accordance with USERR.A and applicable state law up -te -a r feu_- (e) � .Phis provision shall not cover reserve active duty or weekend drill. Police officers electing to purchase approved prior military time will do so at total cost to the Participanterrrplayee with no cost assumed by the city. (b) All partieipai4Participants in the city pension plan5y4em shall be allowed te-a ply - er peff is4en to purchase credit for immediate past city service up to a maximum of five (5) years in the city pension pla pursuant to procedures promulgated by4he-eity raanegerat 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 eit� - permit Participant be permitted to purchase of-past city service over a period of time, the effective date of eFedite4—sevAeeCredited 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 empleyerEmployer may amend the provisions of this pension plan at any time and from time to time by enacting such amendments in a public meeting provided, however that: (1) No amendment shall increase the duties or liabilities of the beard Board of Trustees written eeasen . (2) No amendment shall provide for the use of funds or assets held under this plan other than for the benefit of ernpleyeeEmployees and no contributions paid by the empleyerEmployer shall ever revert to or be used or enjoyed by the en3pleyerEmployer, except as provided in subsection (b). (b) The euTleyerEmployer may terminate this pension plan at any time by 21, ingtrument in ordinance in a public meetinsZ. In such event the pensien beardBoard of Trustees shall take the necessary steps to have all the funds held by the 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 , e is a pa ipaatParticipant and -who has retired or has attained bis- 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 ' ' Participant and who has not reached his-normal retirement date, for each disabled partieipantParticipant, and for each former empleyeeEmployee who is a terminated parry Participant whaand has not elected a cash payment as provided in option 1 of section 16 -17; in an amount of thehis partic-ipentParticipant's contributions paid to and received by the i panyplan, with credited interest of a€-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 ja4i6pan4participant in an amount equal to the basic benefits being received he4his-­beea ree'ewn,xg under section 16 -15. (4) A deferred annuity on the life annuity form commencing at normal retirement date for each terminated parlieipantParticipant 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 partieipantParticipant and each ,p}oyea— vahe —is—a partieipantParticipant 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 emple�is -a partieipaatPanccipant and-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 retirem ent date were the date of termination of this plan less the amount of benefit applicable to hira3 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 partieipiaitParticipant 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 to such empleyerEmployer. (Ord. No. 528, 12 -7 -65; Ord. No. 21 -70 -697, § 9, 10 -6 -70) See. 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 empleyeFEmployer'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 partieipaatParticipants and whose pension benefit at normal retirement date will exceed Page 20 of 26 I No. 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 eRipleyeeEmployee 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 pafdo antParticipant or full survivor's benefits on account of any deceased pat-fieipantparticipant. (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. 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 high paid consecutive Years; however, benefits of 0 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 m 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 detmed contribution plan (as defined in IRC Section 4140)) m 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 415(b)(5) and as modified by IRC Section 415(b)(6)(D)), the applicable limitation in paragraph (1) or paragraph (2) of this subsection shall be reduced by __ -__ m1,,.., t f anrh denominator shall be ten years. AMLUIual with no Member or rollover contributions To the extent that ancillary bene its are 12rovidel the limits set forth in paragraphs (1) and (2) above will be reduced actuarially, Page 21 of 26 Ord. No. 16 -08 -1951 usin an interest rate assurn tion e ual to the eater of five percent or the interest rate used in the most recent annual actuarial valuation to reflect such ancillar benefits. retirement oenerns vo , L,D �� u ___ __ reduced actuarial) using an interest rate assum tion e ual to the eater of five ercent or the interest rate used in the most recent annual actuarial valuation rovided however ement benefits shall not be reduced below $75 000 if payment of benefits begins at or retir after age 55 and not below the actuarial L uivalent�of $75 000 hr. dntlarnlimitation ofof active Participant of the -Flan. interest ana moi uu, -- ..., - -- _ _ offset to the extent an actuarial increase is otherwise provided due to del a ed retirement. desim—ated Beneficiary. participant's Page 22 of 26 I No. 16 -08 -1951 11VG VAt+tauua vv v....– — - year after the date of the Participant's death or such later date as the Secretary of the Treasury may by, regulations prescribe If the designated beneficiary is the surviving eligible spouse 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 a e 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 empleyeeEmployee's benefit; definition of plan. This pension plan is created for the exclusive benefit of empleyeeEmployees of the einplsyerEmployer 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 ernpleyeeEmployees 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 eaVleyeeEmployees. (e) Alienation ofproceeds, levy, etc.; prohibited. No paifieipantParticipant 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 ` 4eesBoard 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 Ord. No. 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 suns payment. If at any time it is determined that monthly payments to be made at any time or at any future date to a partieipapAParticipant will be less than ten dollars ($10.00) each, a lump sum payment willmay be made in lieu thereof. (Ord. No. 528, 12 -7 -65; Ord. No. 1868, § 1, 12- 20 -05) See. 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 Participantsernpleyeea taxable income under the federal or state law until it is actually received by such Participantenipleyee 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 netken ,,..« ,..steiTi 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) See. 16 -26. Pre - retirement survivor annuity. Notwithstanding any other provisions of this plan, in the event of death of any gualifyin� Participant with a vested benefit a pre - retirement survivor annuity will be provided to the spouse of such Participant ef provided the pardeipantParticipant and spouse have been married throughout the one -year period ending on the date of the partic-ipantParticipant's death. Commencing with the first plan year beginning after December 31, 1984, any qualifying partieipantParticipant who attains suchhis annuity starting date shall receive his&ea 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 parlieipaatParticipant has designated a person, persons or entity other than his or her spouse as the ben fieimyBeneficiary of any plan benefits payable Page 24 of 26 d. No. 16 -08 -1951 upon Ws er he death of the Participant, such benefieia 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 paAieipantParticipant is any married partk4pantParticipant who completed at least one hour of service (or paid leave) on' or after August 23, 1984 who has net -yet to attained -his annuity starting date under the plan. A vested partieipanlParticipant 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 partieipaiAParticipant (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 empleyerEmployer. contributions, and (3) has not yet reached his f he 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 paFttieipastParticipant's annuity starting date or the date of the partieiparAParticipant's death. A vested partieipaatParticipant 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 paAkipantParticipant (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 is Brh he amenity 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 paFtieipantParticipant's annuity starting date or the pardeipan0articipant's death. The pa4i6pai4Participant shallwill not bear any part of the cost of providing the pre - retirement survivor annuities described above, howeverand- willshall 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- 0891951 Section 4: This Ordinance shall become effective upon adoption. PASSED and ADOPTED this 20' day of MAY, 2008 ATTEST OACLERI I"Reading- 5/6/08 2nd Reading- 5/20/08 READ AND APP OVF O FORM ORNEY COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: .Yea W:\My Doeumems\resolutioos \Ordinance Pension Plan Restatement 2008 (2)First Draftdoc Page 26 of 26