ORDINANCE 917ORDINANCE NO. 38 -76 -917
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, IMPLEMENTING THE PROVISIONS OF
CHAPTER '28230, ACTS OF FLORIDA, 1953.
PROVIDING CERTAIN BENEFITS FOR POLICE
OFFICERS OF THE CITY OF SOUTH MIAMI;
CREATING A SPECIAL FUND DERIVED FROM
MONIES RECEIVED FROM THE STATE OF FLORIDA;
SAID FUND TO BE KNOWN AS "THE CITY OF
SOUTH MIAMI POLICE OFFICERS RETIREMENT
TRUST FUND "; PROVIDIING FOR AN INTERIM
COMMITTEE, A BOARD OF TRUSTEES, ELECTION
PROCEDURES FOR SAID TRUSTEES, OFFICERS
THEREOF, DUTIES, TERMS OF OFFICE, AND
OTHER REGULATIONS GOVERNING SAID TRUSTEES,
SECURITY SAFE KEEPING, INDEMNIFICATION OF
BOARD MEMBERS, PAYMENT OF COSTS, EXPENSES
AND FEES, CREDITS TO INDIVIDUAL ACCOUNTS,
BENEFITS, RETIREMENT DATES, PAYMENTS UPON
DEATH, CHANGE OF BENEFICIARIES, BENEFIT
OPTIONS, AND OTHER REGULATIONS CONCERNING
SAID FUND, INCLUDING AMENDMENT AND TERMINATION
OF THE PLAN, DISTRIBUTION OF THE FUND, AND
PROVIDING FOR THE FUND TO BE IN ADDITION TO
ANY OTHER PENSION PLAN OF THE CITY OF
SOUTH MIAMI, FLORIDA; AND PROVIDING FOR THIS
ORDINANCE TO TAKE EFFECT IMMEDIATELY AS AN
EMERGENCY MEASURE AND DISPENSING WITH THE
REQUIREMENT OF READING THIS ORDINANCE AT NO
LESS THAN TWO MEETINGS OF THE CITY COUNCIL.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The purpose of this Ordinance is to
implement the provisions of Chapter 28230, Act; of Florida, 1953,
and to provide means whereby police officers of the City of South
Miami, Florida, may receive benefits from the funds provided for
that purpose by Chapter 28230, Acts of Florida, 1953. The fund
hereby created being derived from monies; received from the State
and not from a tax levied by the City of South Miami on City of
South Miami taxpayers, shall be in addition to any other pension
plan of the City of South Miami,, Florida, and nothing herein shall
be construed to in any way affect the operation of benefits of any
Other Pension Plan of the City of South Miami, Florida, that
presently wrists.
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Section 2. The following taords' and phrases shall, 'for
'he
purpose of this Ordinance, have the means hereinafter ,respectively
ascribed to them'. Other words and phrases shall have meanings as
commonly understood with respect to the context; the singular shall
include; the plural, and the masculine the feminine,
(a) Active duty: Active duty shall ,mean actual services as
a police officer with ,permanent status in the Police Department of
the City of South Miami, Florida, except for approved leaves of
absz-nce as set forth below under paragraph (i) of this Section.
(b) Board: Board shall be understood to mean the Board of
Trustees of the City of South Miami Police. Officers Retirement
Trust 'Fund, or such other board or boards as may be created by the
City of South, Miami, or its successors, to administer the ,pension
system.
(c) City: City shall be understood to mean the City of South Miami,
Florida, and the lands under the jurisdiction thereof from time to time, as
determined by law.
(d) State: State shall be understood to mean the State of Florida.
(e.) Police Officers: Shall be understood to mean the Police Chief and
all police officers of the City of South Miami, with permanent status in the
Police Department of the City of South 'Miami, as the Board shall determine
to be engaged in enforcement of the .:ordinances . of the City of South Miami
and statutes of the State of Florida.
(f) Fund: Fund shall mean the City of South Miami Police Officers
Retirement Trust Fund.
(g), Participant: Every police officer of the City, as defined herein,
who is eligible to have monies credited to his individual account and to
receive benefits therefrom under this Ordinance shall automatically become
a Participant;
(h) Permanent Status., The term permanent status shall have the meaning
ascribed to it from time to time by the City of South Miami Code of Ordin-
ances and Personnel Rules.
(i) seryicos Service shall mean all time served as a police officer
permanently appointed under the City of South Miami Code of Ordinances and
Personnel Rules, for which regular compensation is paid by the City, and all
titner not to exceed a period of five (5) yearn during which a participant
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i ttx I I na i'• rt shall include a1.1 leaves of
,Illtia'ilr'.t'' tt' I l }t„r,1. I,. i.� ' i;t >' I '1• G,� r',: + 1 •.1 ;;iai`11 Pori od of t l me as may be deter-
Sick time for which-comjiens•,a-
(j)' f.ItapLor 28230: Ch,tl tot- 28X30 shall mean and refer only to Chapter
28"!30, Laws 01 F.loriI:10, Acts of 1953. '.
(k.) Department: Derpartotc'nt shall be understood to mean the Police
Dopar.tmont of tho City of South Mi.'tmi.
(1) Pinanct: Director: Pinance Director shall oe unuerstood to mean
the Finance Director of the City of South Miami.
Section ;3: There is hereby created in the City a special fund to
he known as the City of (South Miami Police Officers Retirement
Trust Fund, into which shall be paid all monies received by the City under
the ;provisions of Chapter 28230, and all monies which are hereafter paid to
the City under the provisions of Chapter 28230.
The monies received and /or allocated to the City for the fiscal year
the City was a participant in the State program are as follows:
Fiscal year ending October 1974 ........ .............$8,250.10
Fiscal year ending October 1975 ..$8,574.61
In addition to the payments of principal hereinabove set forth, the City
shall pay into said Fund interest accrued at the rate of 5;$ compounded
daily on unpaid balances of principal,, said interest to be computed from
the 27th day of August, 1976.
In addition to the repayment of monies received by the City plus inter-
est thereon, the City shall pay into said fund all monies received by it
from the State pursuant to Chapter 28230.
Section 4. There is hereby created an interim committee composed of
the City Manager, the Chief of Police and two police officers selected by
the Chief of Police. This committee shall immediately establish the neces-
sary rules and regulations for the first election of the three police officers
of the Police Department who shall serve On the Board of Trustees of the
City of South Miami. Police officers Retirement Trust Fund as set forth
below. This interim committee shall perform the function of the Board
until the first, election is held. The first election shall be held on or
before two (2) months from the date of the passage of this Ordinance.
Section S. There is hereby created a Board of goatees of the City of
South Miami PO lee Officers RettreMent Trost Fond, which Board shall consist
of tthr" employees of the Pol,ieti ftepatttfWnt to be elected by po ;ico partii -I
eipantsr ithre Police Chief, ainrd thV V>3nUCO Wreet6t, At +the first elerrlon
to( TE'ogt#-eze;, there sha1-1 : W t"ItC -etvA otltt 1l➢'ec offiept to 'gored ag T>Gdn"
fit ti eareg veal terol" Role twolev catty: r to serve as v>s•`ugtty for a yt + 'Vedr
f vttm.- 'V ?of C ?_ou vvl! fit +d9d l e0v '' tO 9 @ttt* a'�4 'fi td & §tcre for a �+htep Vvb� r $erno
ma N 40
Pliori ,t f t Q r, oach yoar, onu poI ivo 0fYiCO17 shall be elected to serve as
Trustee for a three yrar Corm. The Board shall annually elect from its
0111bors :,ip a Chairman and a Secretary. `Phu Finance Director shall be the
TreaSUrer. The Chairman, when present, shall preside at all meetings. The
Secretary shall keep complete minutes of all proceedings of the Board. The
Treasurer shall supervise the books and records which record the receipts
and disbursements of the Fund and the inventory of assets of the Fund. He
shall report at each quarterly meeting the assets and liabilities of the
Fund as of the date of such meeting. All elections of the Board shall be
by a majority vote, a quorum being present. Three or more members shall
constitute a quorum. Trustees shall receive no compensation as such.
Section 6. Elections: All elections of police officers to the Board
shall be by secret written ballot. Only participants in the Fund shall be
eligible for nomination and election to the Board and only participants
shall be eligible to vote in such elections.
Notice of each election shall be posted in the Police Station in the
City of South Miami at least two weeks prior to the date, upon which such
elections shall be held.
Section 7. Meetings: The Board of Trustees will hold regular meetings
quarterly or more often as determined by the Board. Special meetings may
be called by the Chairman and Secretary or by any three members of the Board.
Ten days written notice of a Special Meeting shall be given in writing to
all Board members, which notice shall contain the purpose, date, time and
place of the Special Meeting.
If any elected member of the Board of Trustees shall fail to attend
meetings of the Board on two consecutive meeting dates without cause, as
determined by the Board of Trustees, his membership on the Board shall be
terminated. Written notice of this fact shall be given to the member whose
membership is thus terminated.
Section 8. Replacement of board Members: if at any time between
elections a vacancy occurs on the Board for any reason whatsoever, the
remaining Board members, by majority vote, shall fill said vacancy. The
new members so chosen shall serve until the next election of the Board of
TfUstees. At the next election a new Trustee shall be elected to serve
the remainder of the term of any Trustee whose membership was terminated.
S60 (n ), fldwers_of Board.. The Board shah, have the power and
authority as follows.
(a) To i"Vest and rd- Invest fi-A pies of the rondl. to miki`ng such
it�e� t nt they shall bo goVerined by Chapter M r1orlda Statutes rolatt inn
to the move -nt"M or fiduelary fu"no oxoept thAt fill tw"It -'s shall Hie Ifivested
and ate h. tNn Olvat'd mwy7 #ZU,- Vt -rj, i>b �qt: olo to teto portent (1641
„a U ,ut,VL9.Ine,1;utJr-A FUft -As 9 tb "d tjid r -1t4- 1 muI§ .In I'M t' tjUi##' "m* trtmIL
(b)... 'fo opprove disburse,mcnts, p0y claims, and authorize payments.
from the Fund by warrants signed by the Chairman and the Secretary of the
Board
(c) To interpret the provisions of this ordinance where the meaning
is not clear or ambiguity exists; and to promulgate necessary rules re-
specting the operation of the Fund =, or elections of Trustees, not in conflict
with the wording or clear intent of this ordinance.
('d) To ;authorize expenditures in connection with preliminary research,
technical services, legal services and accounting services, to contract
for employees necessary to the general administration of the Fund and to
employ legal counsel and auditors necessary to the proper administration
of the Fund.
Section 10. Security Safekeeping: The custody of all securities and
cash of the Fund shall be with the Board.. The 'Board shall deposit all funds
not invested as above, in a National or State chartered commercial bank
located within the City, whose deposits are insured by the Federal Deposit
Insurance Corporation. All security instruments shall be kept in a safe
deposit box or deposited with a corporate /bank trustee, and current inven-
tories of such securities shall be kept as a part of the permanent records
of the Board, which will be audited annually by an. independent Certified
Public Accountant.
Section 11. Indemnification of Board Members:. All persons, including
Board members and employees, who sign checks or handle money or securities
of the Fund shall be bonded by a qualified surety.
The Fund shall indemnify the members of the Board of Trustees of the
City of South Miami Police Officers Retirement Trust Fund individually and
collectively against all claims of participants as aforesaid and shall pay
all expenses including court costs and attorney's fees incurred in defend-
ing law suits of any form whatsoever brought by participants in asserting
such claims.
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
momhor of the pension board shall be liable for the acts of any,othwr mPmhar
of the pension board. The members of the 'pension board may engage agents
to assist them in their duties and may consult with eounse;l who may be
e15U"S0 i. to flits City. The members of the pension board shall be relieved
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It r spots 1'4r.i ;l it what.souver for 'r"inythi nc3 done or not done upon the
Wl-ittvri ,tdv ue of counsel.
section 12. Payment of Costs, Expenses and Fees: At the first meeting,
of tt'co Board, the Trustees shall examine all known bills of expense for
sotti -nd up the Fund, and shall approve and allow for payment all those that
are found to have been necessary and proper charges against the Fund, and
these bills shall be pain promptly.
Section 13. Credits to Individual Accounts:
(a) An individual account shall be established for each police officer
of permanent status on the effective date of this Ordinance, and for each
police officer who attains;, permanent :status subsequent to the passage of this
Ordinance.
(b) After payment of all costs, expenses and fees as monies are
received from the State, the expenses of administering the Fund for the
preceding year shall be prorated by the Board and charged against monies
received for police officers participants during said year; and the balance
of such monies Shall be Credited to the Several individual participants in
an amount directly proportionate to the total number of months of duty
po rtormed by the several police officers in the calendar year preceding the
ctate:'the monies were received from the State. The length of time of service
t-imputed In monthly increments during the calendar year preceding the date
upon which payment is received from the State is the only criterion upon
which the amount due each participant out of the State monies received
annually is to be calculated. A participant will be credited with a full
t•onth if date of employment on permanent status is on or before the 15th
d.iy of the month and if separation is on or after the 16th day of the month. -
PIo partial monthly periods will be credited to any account. No credit is to
*— given on account of seniority -, rank or amount of compensation which the
participants receive:
(g:) The amount of oarnings from investments credited to the account Of
the participant shall bear the same ratio to the total amount of annual .
o- arnjngs as the invested funds belonging to the particioant in the Fund bear
tr, the total monies invested on behalf of the Fund.
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((it) rn addition to the monies received from the State and as earnings
on investments, all forfeitures from police officers as provided for in
Sect n 14(a -) hereof shall be prorated and credited annually to the accounts
of the individual participants.. Such sums shall be prorated to their
individual accounts in the same manor as monies received from the State, as
set forth in Section 13(b).
(e) Subsequent to the effective date of this Ordinance after a police
officer has retired and ceased to be a member on active duty, as defined in
Section 2(a) hereof, no credits shall be made to his account. Police
officers who retired, or separated from the City, after the enactment of
Chapter 28230 and prior to the effective date of this Ordinance, shall be
entitled to participate in the monies they could have participated in had
this Ordinance been in effect on the date of the enactment of Chapter 282.30,
but they shall not participate in any other monies. Monies credited to a
participant's account shall be payable only upon the filing of an application
with the Board. The application shall be on a form prescribed by the Board
and shall be sworn to by the applicant or his surviving wife or child, or
if the child is a'minor, by the guardian of the child, or by any other
person legally qualified to apply for such monies under the laws of the
State of Florida.
Section 14. Benefits: No participants shall receive benefits from the
Fund in excess' of the amount credited to his account. Subject to this
provision a participant shall receive benefits as follows:
(a) Should a participant separate from the department prior to having
satisfactorily completing ten years of service, the participant shall forfeit
all monies credited to his name in the plan.
(b) Should a participant separate from the Department after having
satisfactorily completing ten years of service but prior to retirement age
as set forth in .Section 14(c), the participant will have a vested right to
his credited benefits at the time of his separation. These credited benefits
will remain in the investment pool and will receive a proportionate share of
investment earnings as set forth in Section 13(c) until benefits are paid .
as set forth in Section 14(c) , which follows.
7r
i
111,1 1 No( 1 i omont I).it I'ht, ."Ormd I Vot 1 rome+nL (late of •a pabticiiljant
I]WI Lill 11r,.1 _Wjl),ir;it,,•1 I)Artrcipantli wi.Llt vesLud rights, shal l be the first ddy
eel Lho calendar niunttr ouincedulit wi.Clt or otherwise next following his
.:iktieLh (60) biI'Llid y
(ii) E:arL y _Rut irreement Dail:: A participant who elects early retirement
Under the City of South Miami Pension Plan and /or a participant who separates
from the department who is not a member of the City's Pension Plan may elect
an early retirement date which may be the first day of the calendar month
coincident with or otherwise next following his fifty -fifth (55) birthday.
(e') Disability Retirement: 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 participant -shall
be determined by the Board in accordance with uniform principles consistently
applied, upon the basis of such evidence as the Board deems necessary and
desirable. The Board shall set the date for commencement of benefit pay-
meats to theme participant after eligibility therefor has been established.
A participant determined by the Board to be eligible for disability retire-
ment may elect any one of the benefit options set forth in Section 14(h),
(f) Death of a "Participant: Upon the death of a participant prior to
retirement there shall be paid to the beneficiary las* designated by him
All the monies credited to the participant's account plus 4% interest thereon
for the period commencing with the day of the last credited distribution to,
but not including, the day of death of the participant.
(q) Change. of Beneficiary: Each participant shall have the right to
namr. a beneficiary and to change his beneficiary designation from time to
time. Any such exercise of rights shall become effective immediately upon
proper execution of the beneficiary designation form provided by the 13oard
as a standard form under this plan.
(h) Benefit Options: The participant has three benefit options of
which ho must choose one at the time of application for retirement be±nefats.
Once sin option is chosen and the first payment thereon has been made, the
option gt*lvVLi0h becomes binding on the parti ipaht and net othief option may
I-ov Miti on in l i eu thereof. of. The three benefit o1st lobs tiro as fol low#; *
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(1.) Cash: The cash payment will be equal to the amount credited to
the participant's account plus interest thereon at 4% for the period commenc-
i:nq with the day of the last credited distribution up :to, but not to
include, the day of retirement.
(2) Annuity payments certain for months using a 5% interest
factor in computing the :mr),ant of the monthly payment. Should the partici-
pant die prior to receiving the final monthly payment, the remaining monthly
payment will be made to his designated beneficiary. Should the beneficiary
predecease the participant, the remaining benefits will be paid to the
participant's estate as a lump sum, present value of the remaining monthly
payment due using a 5% discount factor.
(3) Whole Life Annuity Due: Should the participant elect this option,
the Board will purchase such a policy for the insured from the life insurance
company selected by the Board from time to time. The single premium of the
annuity will equal the 'amount credited to the partic'ipant's account plus
interest thereon at 4% :annual for the period commencing with the day of the
last credited distribution up to., but not to include, the day of retirement
Section 15. Vested Rights: The rights and benefits provided for
herein are vested rights of the participants in the Fund, and shall not be
subject to garnishment,, attachment, execution of any other legal process,
except that co- makers or guarantors of notes of the police Officers partici-
pants payable to the South Miami Municipal Credit Union shall. be able to
garnishee or attach the funds due the participant in case the participant
shall fail to pay such 'loans when due.
Section 16. City's Responsibility: The City shall have no responsibilit•
for the operation of the Fund except those specified herein and shall bear no
expense in connection therewith.
Section 17. Limitations Generally:.
(a) This plan is created for the exclusive benefit of permanent
Police Officers of the City and their beneficiaries, and shall be inter-
preted in a manner consistent with its being a qualified plan under Chapter
185 Florida Statutes as the same may be amended from time to time. This
section cannot be altered or amended.
(ig) VNCep+t as provided in Section 12. no funds accruing to this
plan and no .issett; of the plan shall. over revert tee, he used or enjoyed by
the City nor shall any such funds or assets ever be used other than for the
benefit of the participants 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 nec-
assary'of 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 employer
and any of its employees.
(e) Alienation of Proceeds, Levy, Etc.; Prohibited: No participant
shall have any right to assign, alienate, anticipate or commute any payments
hereunder; and, 'except as otherwise prescribed by law, no payment shall be
subject to the debts, contracts or engagements of any payee, nor to a judicial
process to levy upon or attach the same for the payment thereof.
(f) Laws of Florida Applicable: This plan shall be construed accord-
ing to the laws of the State of Florida, where it is made and where it shall
be enforced.
(g) Gender Number: Wherever used in this article, the masculine
gender shall include the feminine gender and the singular shall include the
plural.
Section 18. Invalid Provisions: If any provision of this 'Ordinance
or the application thereof to any person or circumstance is held invalid
such invalidity shall not affect other provisions or applications of the
Ordinance which can be given effect without the invalid provision or appli-
cation, and to this end the provisions of this Ordinance are declared to be
severable.
Section 19. Amendment & Termination of Plan and Distribution of Fund:
(a) The employer may amend this pension plan at any time and from time
to time by an instrument in writing executed in its name by an officer or
officers duly authorized to execute such instrument, and delivered to the
members of the pension board; provided, however, that:.
(1) No amendment shall increase the duties or liabilities of the
rmnhtrs 6.4 the pension board without their written consent.
_10—
(2) No - amendment shall provide for the use of funds
or assets held under this plan other than for the benefit of
the participants.
(b) The employer may terminate this pension plan at
any time by an instrument in writing executed in the name of
the officer or officers duly authorized to execute such an
instrument and delivered to the Board. In such an event, the
Board shall cause the fund to be apportioned and distributed in
accordance with Chapter 185, Florida Statutes, Municipal Police
Officers Retirement Trust Fund; Policemen Generally.
Section 20. That all laws, or parts of laws, in
conflict herewith be, and the same are hereby repealed.
Section 21. This ordinance is declared to be an
emergency ordinance for the purpose of meeting a public emergency
affecting the life, safety, health and property of the residents
of the City of South Miami, Florida, and the requirement of
reading this ordinance at no less than two meetings of the
City Council is hereby dispensed with and this ordinance' shall .
take effect immediately at the time of its passage, and for the
further reason that it is nece-sary to comply forthwith with
State Law.
Attest:
City Clerk
PASSED and ADOPTED this 21st day of December ,1976.
.a.11�
APPROVED:
Mayor
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