Ord No 36-19-2349ORDINANCE NO. 3 6 -19 - 2 3 4 9
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida
amending the City of South Miami police officers retirement trust fund, Chapter 16,
Article III of the City's Code of Ordinances, which includes provisions to improve
readability of the plan document; providing for a five -member board of trustees in
accordance with Chapter 185 Florida Statutes; and providing for internal revenue
code compliance.
WHEREAS, pursuant to Chapter 185, Florida Statutes, the Board of Trustees of the City
of South Miami Police Officers' Retirement Trust Fund bears the sole and exclusive authority to
administer, and to ensure the proper operation of, the Trust Fund, and
WHEREAS, the Fund's counsel has recommended certain amendments to the City of
South Miami Police Officers' Retirement Trust in order to facilitate the Board of Trustees'
administration of the Trust, and to ensure the Trust's continued compliance with the provisions of
the Internal Revenue Code relating to tax -qualified retirement plans; and
WHEREAS, the Trustees of the City of South Miami Police Officers' Retirement Trust
Fund have requested and approved the amendments provided herein as being in the best interests
of the participants and beneficiaries and improving the administration of the Trust; and
WHEREAS, the City Mayor and City Commission have received and reviewed an
actuarial impact statement related to these changes prior to enactment of this ordinance; and
WHEREAS, the City Commission deems it to be in the public interest to provide these
changes to the Retirement Trust Fund plan for its police officer employees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. That the foregoing whereas clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. Section 16-30, Purpose, of the South Miami Code of Ordinances is hereby
amended to read as follows:
Sec. 16-30. - Purpose.
The purpose of this article is to impreve provide for the administration -,-to
F.S. eh. 185,
benefits ffem the ftmds pFevided for- the purpose by Chapter- 185, Aets ef ReFida;
Hof the Fund and the payment of benefits to participants of the Fund and to their
beneficiaries, in accordance with Chapters 112 and 185, Florida Statutes, the
Page 1 of 22
OrdiDance No. 36-19-2349
Internal Revenue Code, and other applicable law. The Fund hereby created, being
derived from monies received from the state and not from a tax levied by the
eityCily on the siyCity taxpayers, shall be in addition to any other pension plan of
the eityCity, and nothing herein shall be construed to in any way affect the operation
of benefits of any other pension plan of the City that presently exists, except as
otherwise provided specifically herein. Any monies received or receivable by
reason of laws of the state State under the pna ieien provisions of F.S. eh.
Chapter 185, Florida Statutes, for the purpose of funding retirement benefits for
police officers shall be deposited in the ' retirement tmst
irmnediately, and under no eir-eumstanees mer-e than five (5) days a-fler- meeipt. b_'y
the-eityFund in accordance with said Chapter. Effective October 1, 2001, the c-it-y
peliee ' Fund shall pay to the eivyCily pension plan an
amount equal to the surplus chapter monies received for the year 2000 over the
1999 base year set forth in F.S. eh. 1 Chapter 185 up -to the cost of the minimum
benefits purchased, and the remaining balance held in reserve for the purchase of
additional minimum benefits.
Section 3. Subsections (b), (e), and (i) of Section 16-31, Definitions, of the South
Miami Code of Ordinances is hereby amended to read as follows:
Sec. 16-31. — Definitions
The following words and phrases shall, for the purpose of this article, have the
meanings 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.
(b) Board shall be understood to mean the bear4 of tnrAee Board of Trustees
of the City of South Miami Police deers 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.
(e) Police officers shall be understood to mean the police chief and all full-time
police officers of the City of South Miami, with permanent status in the
police department of the City of South Miami, as the bear-dBoard shall
determine to be engaged in enforcement of the ordinances of the City of
South Miami and statutes of the State of Florida. The term police officer
does not include auxiliary officers nor reserve officers.
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'Orclinan,ce No. 36-19-2349
(i) 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 cit-yCily; and all time, not to
exceed a period of five (5) years during which a participant is absent on a
military leave of absence. It shall include all leaves of absence without pay
for sickness, for such period of time as may be determined by the
beaFdBoard, in excess of accumulated sick time for which compensation is
received.
Section 4. Section 16-32, Police Officers' retirement trust fund; created, is hereby
amended to read as follows:
Sec. 16-32. — Poliee o ffiee„s' retirement trust f,,City of South Miami Police
Officers' Retirement Trust Fund created.
(a) There is hereby created in -a special fund to be known as the City of South
Miami Police Officers' Retirement Trust Fund, into which shall be paid all
monies received by the e-i4yCity under the provisions of F.S. Chapter 185,
and all monies which are hereafter paid to the eityCity under the provisions
of Chapter 185, which are allocated to the Fund.
(b) The monies received and/or allocated to the city for the calendar years the
city Cily was a participant in the state program are as follows:
Calendar year ending December, 1974 $8,250.10
Calendar year ending December, 1975 $8,574.61
Calendar year ending December, 1976 $11,738.95
Calendar year ending December, 1977 $129073.83
(c) The c-i4yCjjy shall pay into said Ffund all monies received by it from the
state pursuant to chapter 185 that are allocated to the Fund, plus accrued
interest.
Section 5. Section 16-33, Membership of board; term; officers; meetings; quorum, is
hereby amended to read as follows:
Sec. 16-33. — Membership of Board; term; officers; meetings; quorum.
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Page 3 of 22
1.
Ordinance No. 3 6 -19 - 2 3 4 9
per.'$dftwo (2) years; unless he
or she seener leaves the emnleymev■t of
the-&y as a peliee-ef-flee r, whereupon
s■■eeeed hiTmtr7kill or- her- efflee. A ddifier■�y he mnyer-
eemmim ■ins ie shall.
h ll eiHA roe (3) r sider■tn e f the
eiy, that 'sh ll serve
nc.
V111� ,
■st c�e+ �tyy(�%unl
ess
r■less n�the eity
ee IInis ie two ��ufe t�e7 ■stee shall
�7�Wnnte-7 and n sevelnTCITTmstee
that shall be seleetthe ether- ' an
shall have
^,� y� o nnmo rirtl�tn .ten oa�.lt r�ftl�o ether- six (�.) fri�ofaQn nr.r...i++toa er
elected as -leer • nrl shall hence as
tmstee fer a parind Af-VA;e (2) years
and may sueeeed himself er- her -self in .Effective November 19, 2019
the Board shall be composed of five (5) trustees, who shall be appointed or
elected, and who shall serve, in accordance with Section 185.05, Florida
Statutes. Two of the trustees must be legal residents of the City of South
Miami and shall be appointed by the South Miami City Commission. Two
of the trustees must be Police Officers who are participants of the Trust
Fund. The fifth member of the Board shall be chosen by a majorily of the
previously referenced four trustees, and such person's name shall be
submitted to the South Miami City Commission for ratification. Upon
receipt of the fifth person's name, the South Miami City Commission shall,
as a ministerial duty, ppoint such person to the Board. The fifth member
shall have the same rights as each of the other four members appointed or
elected. Each trustee shall serve for a period of two (2) years and may
succeed himself or herself in office. Notwithstanding, each appointed
trustee shall serve as trustee for a period of two (2) years unless sooner
replaced by the South Miami City Commission at whose pleasure such
trustee serves. Each Police Officer shall serve as trustee for a period of two
(2) years, unless he or she sooner leaves the employment of the City.
(b) The bear-dBoard shall annually elect from its membership a chairman and
secretary. The chairman, when present, shall preside at all meetings. The
secretary shall keep complete minutes of all proceedings of the beafdBoard
and shall comply with requirements of F.S. § 185.06(3). At each quarterly
meeting a report detailing the assets and liabilities of the fund as of the date
of such meeting shall be presented. All elections of the bear-dBoard shall be
by a majority vote, a quorum being present. Four (4) or more trustees shall
constitute a quorum. Trustees shall receive not compensation as such but
may be reimbursed for any expenses related to bear-dBoard business.
Effective November 19. 2019. the presence of three (3) or more Trustees
shall constitute a quorum.
Section 6. Section 16-34, Elections, is hereby amended to read as follows:
Sec. 16-34. - Elections.
Page 4 of 22
Ordinance No. 36-19-2349
(a) All elections of police officers to the beafdBoard shall be by secret written
ballot. Only participants in the fund shall be eligible for nomination and
election to the beardBoard and only participants shall be eligible to vote in
such elections.
(b) Notice of each election shall be posted at least two (2) weeks prior to the
date of such election, in the police station in the eityCity. Such elections
shall be conducted over a period of not less than two (2) business days.
Section 7. Section 16-35, Meetings, is hereby amended to read as follows:
Sec. 16-35. — Meetings.
(a) The bead -of tfusteesBoard of Trustees will hold regular meetings quarterly
or more often as determined by the beardBoard. Special meetings may be
called by the chairman and secretary or by any three (3) members of the
beardBoard. Ten (10) days' written notice of a special meeting shall be
given in writing to all beardBoard members, which notice shall contain the
purpose, date, time and place of the special meeting.
(b) If any elected member of the boar' of tmsteesBoard of Trustees shall fail to
attend meetings of the beardBoard on two (2) consecutive meeting dates
without cause, as determined by the bear-def 4usteesBoard of Trustees, his
membership on the beardBoard shall be terminated. Written notice of this
fact shall be given to the member whose membership is thus terminated.
Section 8. Section 16-36, Replacement of board members, is hereby amended to read
as follows:
Sec. 16-36. — Replacement of bear-dBoard members.
If, at any time between elections, a vacancy occurs on the beardBoard for
any reason whatsoever, such vacancy shall be filled by a special election held in
accordance with the procedures of this article. The newly elected trustee shall serve
the remainder of the term of any trustee whose membership was terminated.
Section 9. Section 16-37, Powers of board, is hereby amended to read as follows:
Sec. 16-37. — Powers of the bear-dBoard.
The beardBoard shall have the power and authority as follows:
Fund Management and investments
Page 5 of 22
Ordinance No. 36-19-2349
(a) The plan is hereby established, pursuant to authority granted in chapter 16
of the City of South Miami Code of Ordinances, as a trust fund into which
shall be deposited all of the assets of the plan of every kind and description.
(b) The actual custody and supervision of the fund shall be vested in the
beBoard. All assets of the plan may be commingled, provided that
accurate records are maintained at all times reflecting the financial
composition of the fund, including accurate accounts regarding the
following:
(1) Current amounts of accumulated car-ibu4 account balances of
ambers participants, both on an individual and aggregate basis;
(2) Receipts and disbursements;
(3) Benefits payments;
(4) All contributions from the siyCity;
(5) All contributions from the State of Florida pursuant to Chapter 185
[of the Florida Statutes];
(6) All interest, dividends, gains and losses from investment;
(7) Such other entries as may be required for a clear, complete financial
report of the status of the fund.
(c) The bear-dBoard shall establish a written investment policy, with the advice
and counsel of such advisors as the beardBoard deems necessary, and said
investment policy shall set forth the types of securities and other types of
investments into which shall be placed the assets of the fund. The policy
shall further set forth appropriate limitations on those investments,
including, but not limited to, anticipated rate of return, quality of
investment, class of investment and acceptable risk. The policy, shall.
provide for the continuing education of Board members in matters relating
to investments and the Board's responsibilities in accordance with F.S.
112.661(14). The bear-dBoard shall have the authority to invest and reinvest
the assets of the plan in such securities or property, real or personal, as the
be Board deems appropriate, including, but not limited to:
(1) Bonds, notes, or other obligations of the United States or any of its
agencies, or those guaranteed by the United States or for which the
credit of the United States is pledged for the payment of the principal
and interest or dividends thereof.
Page 6 of 22
Ordinance No. 36-19-2349
(2) Accounts or certificates of deposit in any bank or other financial
institution incorporated under the laws of the State of Florida, or any
national bank organized under the laws of the United States, or
authorized to do business and situated in the State of Florida, to the
extent that such certificates of deposit are secured by the deposits of
securities of the United States government.
(3) Notes secured by first mortgages on real property insured or
guaranteed by the Federal Housing Administration or the Veterans
Administration.
(4) Interest -bearing obligations with a fixed maturity of any corporation
organized under the laws of the United States, any state or organized
territory of the United States and the District of Columbia; provided
that such obligations are rated by at least two (2) nationally
recognized ratings services in any one (1) of the four (4) highest
classifications approved by the comptroller of the currency for the
investment of funds of national banks or, if only one (1) nationally
recognized ratings service shall rate such obligations, such ratings
service must have rated such obligation in any one (1) of the four
(4) highest rating classifications as set forth in this subsection.
(5) Bonds issued by the State of Israel.
(6) Real estate, which may be in the form of commingled ownership
and financial institutional futures, listed options, stock index futures,
which may be used under specific instruction of managers.
(7) Common stock, preferred stock and interest -bearing obligations of
domestic corporations having an option to convert into common or
preferred stock issued by a corporation organized under the laws of
the United States, any state or organized territory of the United
States or any state or organized territory of the United States and the
District of Columbia;
(8) Index funds and collective investment funds.
(9) Foreign securities, not to exceed twenty-five (25) percent of the
portfolio at market value.
(10) Any other investment permitted by law.
(d) The beafdBoard may determine the percentage of each type of investment
to be held.
Page 7 of 22
Ordinance No. 36-19-2349
(e) The bear-dBoard shall be authorized to retain one (1) or more money
managers for the management of property held in the plan, and the
bear-dBoard shall convey property of the plan to such money managers for
investment and reinvestment in accordance with the terms of this article and
the investment policies established by the bear-dBoard. Any such money
manager contracting with the bear-dBoard for the investment of its assets
shall be deemed a fiduciary of the plan.
(f) The bear-dBoard shall have a continuing duty to observe and evaluate the
performance of any money manager retained by the be Board. The
bear-dBoard shall, in selecting a money manager or other investment
counsel, exercise all judgment and care in the circumstances then prevailing
which persons of prudence, discretion and intelligence exercise in the
management of their own affairs.
(g) The beaFdBoard shall require that any money manager or other agent who
has custody or control of any property of the plan to keep accurate and
detailed accounts of all investments, receipts, disbursements and other
transactions pertaining to such trust property, and the bear-dBoard shall
further require that all accounts, books and records pertaining thereto be
open for inspecting and audit at all reasonable times by the eit}CCt , the
bear-dBoard or the designees.
(h) The beaFdBoard shall also keep accurate and detailed accounts of all
investments, receipts, disbursements or other transactions pertaining to the
trust property and all accounts, books and records pertaining thereto shall
be open to inspection and audit at all reasonable times by the eityCity or its
designees.
(i) The bear-dBoard shall identify and publicly report any direct or indirect
holdings it may have in any scrutinized company, as defined in F.S. §
215.473, and proceed to sell, redeem, divest, or withdraw all publicly traded
securities it may have in such company beginning January 1, 2010, and shall
thereafter be prohibited from purchasing or holding such securities. The
divestiture of any such security must be completed by September 30, 2010.
In accordance with Ch. 2009-97, Laws of Florida, no person may bring any
civil, criminal, or administrative action against the bear-dBoard or any
employee, officer, director, or advisor of suehthe bear-dBoard based upon
the divestiture of any security pursuant to this paragraph.
Other Powers.
(a) To perform the acts required as the administrator of the plan. The
bear-dBoard may delegate administrative duties in its discretion.
Page 8 of 22
Ordinance No. 36-19-2349
(b) To approve disbursements,
fund by warrants signed
beafdBoard.
pay claims and authorize payments from the
by the chairman and the secretary of the
(c) To interpret the provisions of this article where the meaning is not clear or
ambiguity exists; and to promulgate necessary rules respecting the
operation of the fund, or elections of trustees, not in conflict with the
wording or clear intent of this article. In the event of any conflict, the
provisions of Chapter 185 of the Florida Statutes shall prevail.
(d) To authorize expenditure in connection with preliminary research, technical
services, legal services, Trustee education, 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.
(e) In accordance with Subsection 185.05(4), Florida Statutes, to bring and
defend lawsuits of every kind, nature, and description as a legal entity.
Section 10. Section 16-38, Security safekeeping, is hereby amended to read as follows:
Sec. 16-38. — Security safekeeping.
The custody of all securities and cash of the fund shall be with the
beardBoard. The beaFdBoard shall deposit all funds not invested as above in a
national or state chartered commercial bank located within the continental United
States, 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 inventories of such securities shall be kept as a
part of the permanent records of the beardBoard, which will be audited annually by
an independent certified accountant appointed by the Board.
Section 11. Section 16-39, Indemnification of board members, is hereby amended to
read as follows:
Sec. 16-39. — Indemnification of bear-dBoard members.
(a) All persons, ' and employees, who sign checks or
handle money or securities of the fimd Fund, shall be bonded by a qualified
surety.
(b) The Trust Ffund shall indemnify the members of the board oftfusteesBoard
of Trustees of the City of South Miami Police Officers' Retirement Trust
Fund individually and collectively against all claims of pai4ieipants-as
aforesaid any nature whatsoever arising from any alleged act or omission
relating to the fiduciary duties of the Board of Trustees hereunder and under
Page 9 of 22
Ordinance No. 36-19-2349
all applicable laws, and shall pay all expenses including court costs and
attorney's fees incurred in defending law suits
„ f any fe..,,.., wheAseeye
an such claims, except that no Trustee
shall be indemnified for any claim with regard to which a State or Federal
court having jurisdiction over the claim finds that the Trustee(s) against
whom the claim is asserted acted in bad -faith. In accordance with
Subsection 112.656(3), Florida Statutes, the Board of Trustees may
purchase errors and omissions insurance for the Board and for its members,
individually and collectively, covering any acts taken in their capacity as
Trustees.
(c) The members ef the pensien bee Board may, in its discretion, engage agents
to assist them in their duties s 2(� ,�f
the Fie
STRRi�i ifthe —e�' �y s a uld fail er- refuse
new,r,ly vv' the
request
c+ in
n»ot ei +ho_ p r� ��bear-d this
r-elafien, the
n��
sueh ese, including the various professionals referenced in Section
112.656, Florida Statutes. The Board shall be
relieved of all responsibility whatsoever for anything done or not done upon
the vffitten ad3viee of eounsel in reasonable reliance upon the advice and
recommendations of the professionals engaged by the Board.
(d) In any judicial proceeding or administrative proceedings under Chapter 120,
Florida Statutes, brought under or pursuant to the provisions of F.S. 185,
the prevailing_ party shall be entitled to recover its costs and reasonable
attorney fees.
Section 12. Section 16-40, Payment of costs, expenses and fees, is hereby amended to
read as follows:
Sec.16-40. - Payment of costs, expenses and fees.
At each meeting of the bear-dBoard, the tmsteesTrustees shall examine all known
unpaid bills of expense for setting up, amending and operating the fund, and shall
approve and allow for payment all those bills of expense that are found to have been
necessary and proper charges against the fund; and these bills shall be paid
promptly.
Section 13. Section 16-41, Credits to individual accounts, is hereby amended to read as
follows:
Sec. 16-41. - Credits to individual accounts.
Page 10 of 22
Ordinance No. 36-19-2349
(a) An individual account shall be established for each participant.
(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 per eapita months of service- by the bear-dBoard and charged
against monies received for participants during said year; and the balance
of such monies shall be credited as contributions to the several participants
in an amount directly proportionate to the total number of months of duty
performed by the several police officers in the ealexda fiscal year preceding
the date the monies were received from the state. The length of time of
service computed in monthly increments during the ealefid fiscal 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 month if his date of employment on permanent status is on or before the
fifteenth day of the month and if separation is on or after the sixteenth day
of the month. No partial monthly periods will be credited to any account.
No credit is to be given on account of seniority, rank or amount of
compensation which the participants receive.
(c) As of each Deeember31 stSeptember 30, the assets of the fund shall be
valued at fair market value. The amount of any earnings from investments,
including unrealized gains and losses in market value, to be credited to the
account of the participant shall bear the same ratio to the total amount of
annual earnings as the participant's individual account balance bears to the
total of the individual account balances of all participants on the preceding
Deeember- 3 1 stSeptember 30. This ratio determined on the preceding
Deeember-3-lstSeptember 30 shall be based upon the participants' account
balances including contributions for such year.
(d) In addition to the monies received from the state and earnings on
investments, all forfeitures from police officers as provided for in section
16-42(a) hereof shall be prorated and credited annually to the accounts of
the individual participants. Such forfeitures shall be prorated to their
individual accounts in the same manner as monies received from the state,
as set forth in subsection (b) hereof.
(e) Subsequent to the effective date of this article, after a police officer has
retired and ceased to be a member on active duty, as defined in section 16-
31(a) hereof, no contributions from monies received from the state shall be
made to his account. Police officers who retired after December 31, 1973,
and prior to June 14, 1974, shall be entitled to participate in the monies they
could have participated in had this article been in effect on January 1, 1974,
but they shall not participate in any other monies. Monies credited to a
participant's account shall be payable only upon application by the filing of
Page 11 of 22
Ordinance No. 36-19-2349
a claim form with the beafdBoard. The application shall be on a claim form
prescribed by the beafdBoard 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. Section 16-42, Benefits, is hereby amended to read as follows:
Sec. 16-42. — Benefits.
No participant 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) Forfeiture for early separation: Should a participant separate from the
department prior to having satisfactorily completed ten (10) years of
service, the participant shall forfeit all monies credited to his name in the
plan.
(b) Departure prior to retirement age: Should a participant separate from the
department after having satisfactorily completed ten (10) years of service
but prior to retirement age as set forth in section 16-42 (c), the participant
will have a vested right to his credited benefits at the time of his separation.
These emedited benefits will remain in the invest3nent pool and%411 r-eeeive
At the
time of his/her separation, the participant shall receive a distribution of
his/her credited benefits paid directly to the participant or an eligible
retirement plan specified by the participant in a direct rollover.
(c) Normal retirement date: The normal retirement date of a participant,
ineluding separated paFtieipants with vested rights, shall be the first day of
the calendar year month coincident with or otherwise next following 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. Any provision of this Aan Fund to the contrary
notwithstanding, a member1's participant's accrued benefit shall become
100% vested upon the attainment of the normal retirement date.
(d) Early retirement date: A participant who is eligible for and who elects early
retirement under the City of South Miami 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 fiftieth(50'') birthday and completion
of fifteen years of credited service.
Page 12 of 22
Ordinance No. 36-19-2349
(e) Disability retirement: A participant determined by the bear-dBoard to be
totally and permanently disabled shall be eligible for disability retirement
and may elect any one of the benefit options set forth in section 16-42.1-(h).
The beardBoard shall set the date for commencement of disability benefit
payments to the participant after eligibility therefor has been established.
As used in this section, "total and permanent disability" shall mean that in
the opinion of the board ef tmsteesBoard of Trustees the participant is
wholly prevented from rendering useful and efficient service as a police
officer; and a police officer will be considered permanently disabled if, in
the opinion of the boar' of tF steesBoard of Trustees, such police officer is
likely to remain so disabled continuously and permanently from a cause
other than as specified below in items (1) through (5). A police officer will
not be entitled to receive any disability retirement income if the disability
is a result of:
(1) Excessive and habitual use by the police officer of drugs, intoxicants
or narcotics;
(2) Injury or disease sustained by the police officer while willfully and
illegally participating in fights, riots, civil insurrections or while
committing a crime;
(3) Injury or disease sustained by the police officer while serving in any
armed forces;
(4) Injury or disease sustained by the police officer after his
employment has terminated;
(5) Injury or disease sustained by the police officer while working
outside of his or her official capacity Car- am ene ether- than the
and arising out of such employment.
(f) Death of a participant: Upon the death of a participant prior to retirement,
there shall be paid to the beneficiary last designated by him all the monies
credited to the participant's account plus four (4) percent interest,
compounded annually, for the period commencing with the Deee,.,, beF
31September 30`h immediately preceding, but not including, the day of
death of the participant. In the event a participant dies on or after January 1,
2007, while performing Uniformed Services Employment and
Reemployment Act (USERRA) Qualified Military Service, the
beneficiaries of the participant shall be entitled to any benefits (other than
benefit accruals relating to the period of qualified military service) as if the
participant had resumed employment and then died while employed.
Page 13 of 22
Ordinance No. 36-19-2349
(g) Change of beneficiary: Each participant shall have the right to name 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 Board
as a standard form under this plan. A retired participant may change his or
her designated beneficiary up to two (2) times without the approval of the
bear,dBoard or the current designated beneficiary. The retired membe
participant need not provide proof of the good health of the designated
beneficiary being removed, and the designated beneficiary being removed
need not be living. Any increase in liability to the ply Fund associated with
the new designation, as determined by the s Fund's actuary, shall be
borne by the retiree.
(h) Benefit options. The participant has two 2 benefit options of which
he must choose one at the time of application for retirement benefits, which
application shall be made within the five-year period following the
member's date of retirement. Once an option is chosen and the first payment
thereon has been made -cashed or deposited, the option selection becomes
binding on the participant and no other option may be chosen in lieu thereof.
The tl�ee{�}two 2 benefits options are as follows:
(1) Cash: The cash payment will be equal to the balance credited to the
participant's account plus five (5) per cent interest, compounded
annually, for the period commencing with the Deeember-
-34-4September 30th immediately preceding the distribution of
benefits to the participant, but not to include, the day of retirement.
..
-
_
-
--
■
,-
Page 14 of 22
Ordinance No. 36-19-2349
(i)fQ Rollover option. A participant may elect, at the time and in the
manner prescribed by the board of tmsteesBoard of Trustees, to
have any portion of an eligible rollover distribution paid directly to
an eligible retirement plan specified by the participant in a direct
rollover. For the purposes of this section, the following words and
phrases shall have the following meanings indicated:
(�}a. 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:l. 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 distributee's
designated beneficiary, or for a specified period of
ten years or more;
b.2. Any distribution to the extent such distribution is
required under Section 401(a)(9) of the Internal
Revenue Code; -and
e.3. The portion of any distribution that is not includable
in gross income provided that a portion of a
distribution shall not fail to be an eligible rollover
distribution merely because the portion consists of
after-tax employee contributions which are not
includible in gross income. However, such portion
may be transferred only to an individual retirement
account or annuity described in Section 408(a) or b)
of the Code, or to a qualified defined contribution
plan described in Section 401(a) or 403(a) of the
Code that agrees to separately account for amounts
so transferred, including separately accounting for
the portion of such distribution which is includible in
gross income and the portion of such distribution
which is not so includible; and
4. the portion of any distribution that is made upon the
hardship of the amber- participant.
(fib. 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)
Page 15 of 22
Ordinance No. 36-19-2349
of the Internal Revenue Code, an annuity plan described in
section 403(a) of the Internal Revenue Code, an annuity
contract described in Section 403(b) of the Code, er—a
qualified trust described in section 401(a) of the Internal
Revenue Code, an eligible plan under Section 457(b) of the
Code which is maintained by a state, political subdivision of
a state, or any agency or instrumentality of a state or political
subdivision of a state and which agrees to separately account
for amounts transferred into such plan from this plan, or,
with respect to distributions on or after January 1, 2008, a
Roth IRA (subject to the limitations of Code Section
408A(c)(3)), that accepts the distributee's eligible rollover
distribution. ,
distr-ibutien to the surviving speuse, an eligible retirement
FefiFement annuity.
(3)c. Distributee includes an employee or former employee. In
addition, the employee's or former employee's surviving
spouse is a distr-;b 4eeand the employee's or former
Employee's spouse or former spouse who is the alternate
payee under a qualified domestic relations order, as defined
in Section 414(p) of the Code, are distributees with regard to
the interest of the spouse or former spouse. Furthermore,
effective January 1, 2007, a surviving designated
Beneficiary as defined in Section 401(a)(9)(E) of the Code
who is not the surviving spouse and who elects a direct
rollover to an individual retirement account described in
Section 408(a) of the Code or an individual retirement
annuity described in Section 408(b) of the Code shall be
considered a distributee.
(4)d. Direct rollover is a payment by the -Fund to the eligible
retirement plan specified by the distributee.
Section 15. Section 16-43, Denial and review of claims, is hereby amended to read as
follows:
Sec. 16-43. — Denial and review of claims.
(a) If a claim for benefits of any participant, former participant or beneficiary
is denied by the hear-dBoard, there shall be timely adequate written notice
within forty-five (45) days of claim date given to the claimant whose claim
for benefits has been denied, setting forth the specific reasons for such
denial. Unless otherwise provided by law, the terms of the retirement system
Page 16 of 22
ORDINANCE NO. 3 6 -19 - 2 3 4 9
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida
amending the City of South Miami police officers retirement trust fund, Chapter 16,
Article III of the City's Code of Ordinances, which includes provisions to improve
readability of the plan document; providing for a five -member board of trustees in
accordance with Chapter 185 Florida Statutes; and providing for internal revenue
code compliance.
WHEREAS, pursuant to Chapter 185, Florida Statutes, the Board of Trustees of the City
of South Miami Police Officers' Retirement Trust Fund bears the sole and exclusive authority to
administer, and to ensure the proper operation of, the Trust Fund, and
WHEREAS, the Fund's counsel has recommended certain amendments to the City of
South Miami Police Officers' Retirement Trust in order to facilitate the Board of Trustees'
administration of the Trust, and to ensure the Trust's continued compliance with the provisions of
the Internal Revenue Code relating to tax -qualified retirement plans; and
WHEREAS, the Trustees of the City of South Miami Police Officers' Retirement Trust
Fund have requested and approved the amendments provided herein as being in the best interests
of the participants and beneficiaries and improving the administration of the Trust; and
WHEREAS, the City Mayor and City Commission have received and reviewed an
actuarial impact statement related to these changes prior to enactment of this ordinance; and
WHEREAS, the City Commission deems it to be in the public interest to provide these
changes to the Retirement Trust Fund plan for its police officer employees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. That the foregoing whereas clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. Section 16-30, Purpose, of the South Miami Code of Ordinances is hereby
amended to read as follows:
Sec. 16-30. - Purpose.
The purpose of this article is to } fie provide for the administration-,-4e
V,Amnly with the 9 ef CGTienate Bill No 14
eh. 185, preve means
benefits
4em the funds
pr-ey r1oLd for the pur-pese by
Chapter-
185, A ets of r ier- da;
1953of the Fund and the payment of benefits to participants of the Fund and to their
beneficiaries, in accordance with Chapters 112 and 185, Florida Statutes, the
Page 1 of 22
Ordipanoe No. 36-19-2349
Internal Revenue Code, and other applicable law. The Ffund hereby created, being
derived from monies received from the state and not from a tax levied by the
eityCity on the eityCity taxpayers, shall be in addition to any other pension plan of
the ei4yCity, and nothing herein shall be construed to in any way affect the operation
of benefits of any other pension plan of the eit-yCjjy that presently exists, except as
otherwise provided specifically herein. Any monies received or receivable by
reason of laws of the swe State under the provisions of F.S. eh.
Chapter 185, Florida Statutes, for the purpose of funding retirement benefits for
police officers shall be deposited in the eity peliee effieers' retirement tfust
inwned—im—PlAx and under- istanees -more than five (5) days after- meeipt by
the-eit and in accordance with said Chapter. Effective October 1, 2001, the city
Pe lie ' Fund shall pay to the eityCjjy pension plan an
amount equal to the surplus chapter monies received for the year 2000 over the
1999 base year set forth in F.S. eh. 1 Chapter 185 up -to the cost of the minimum
benefits purchased, and the remaining balance held in reserve for the purchase of
additional minimum benefits.
Section 3. Subsections (b), (e), and (i) of Section 16-31, Definitions, of the South
Miami Code of Ordinances is hereby amended to read as follows:
Sec. 16-31. — Definitions
The following words and phrases shall, for the purpose of this article, have the
meanings 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.
(b) Board shall be understood to mean the beaf,a of t--usteesBoard of Trustees
of the City of South Miami Police 8€€ieers 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.
(e) Police officers shall be understood to mean the police chief and all full-time
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. The term police officer
does not include auxiliary officers nor reserve officers.
Page 2 of 22
'Ordinance No. 36-19-2349
(i) 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 e4yCity; and all time, not to
exceed a period of five (5) years during which a participant is absent on a
military leave of absence. It shall include all leaves of absence without pay
for sickness, for such period of time as may be determined by the
bearBoard, in excess of accumulated sick time for which compensation is
received.
Section 4. Section 16-32, Police Officers' retirement trust fund; created, is hereby
amended to read as follows:
Sec.16-32. — Pollee „fflee S' retirement
trust f..City of South Miami Police
Officers' Retirement Trust Fund created.
(a) There is hereby created Ora special fund to be known as the City of South
Miami Police Officers' Retirement Trust Fund, into which shall be paid all
monies received by the e4yCity under the provisions of F.S. Chapter 185,
and all monies which are hereafter paid to the e4yCity under the provisions
of Chapter 185, which are allocated to the Fund.
(b) The monies received and/or allocated to the city for the calendar years the
eity Qjy was a participant in the state program are as follows:
Calendar year ending December, 1974 $8,250.10
Calendar year ending December, 1975 $8,574.61
Calendar year ending December, 1976 $11,738.95
Calendar year ending December, 1977 $129073.83
(c) The eiyC ty shall pay into said Ffund all monies received by it from the
state pursuant to chapter 185 that are allocated to the Fund, plus accrued
interest.
Section 5. Section 16-33, Membership of board; term; officers; meetings; quorum, is
hereby amended to read as follows:
Sec. 16-33. — Membership of boar-dBoard; term; officers; meetings; quorum.
There
(a) Then
member
be f tr,�stees
o f the e t +e
af!d o
y peli yZ
}}�� ��.p�p��,
rGTTreti
eh beard
fun
shall sist
of three (3) r eliee
of le retirementtmst
wh
ee
effieedefined
er-ei and i F.S. § 1
85.02( 1) whe shall
be eleeted by
mn�ity of the r--_G4
---
as min s er-
ZLs�iI neers whe are
the +i r
pai4�,i.ipants of the
+ n shah serve
�iun � r,�rrn.ite�
as trustee fe
eemmissie
y
and
Page 3 of 22
Ordinance No. 36-19-2349
]1A1•1Ad AftwA rig yoa,.n• ur,lann he e r she
sAA11A,• leaves
4L,o omplAtf119 Af1t AY
the eity as a peliee Affintit �whereupon a n».er- shall be eleete i the
f �
. 4en shall appeint dwee (3) residents ef the eity, that shall sente
,.-asur-e the trustee shall serveand a seventh tfustee
yy [� l/ /� f
that
shall be AM1tAt the
other-
n1V (6` t.•,,c.toon and
AMJ PAAA; sueeeed himself or- her -self in .Effective November 19, 2019
the Board shall be composed of five (5) trustees, who shall be appointed or
elected, and who shall serve, in accordance with Section 185.05, Florida
Statutes. Two of the trustees must be legal residents of the City of South
Miami and shall be appointed by the South Miami City Commission. Two
of the trustees must be Police Officers who are participants of the Trust
Fund. The fifth member of the Board shall be chosen by a majority of the
previously referenced four trustees, and such person's name shall be
submitted to the South Miami City Commission for ratification. Upon
receipt of the fifth person's name, the South Miami City Commission shall,
as a ministerial duty, appoint such person to the Board. The fifth member
shall have the same rights as each of the other four members appointed or
elected. Each trustee shall serve for a period of two (2) years and may
succeed himself or herself in office. Notwithstanding, each appointed
trustee shall serve as trustee for a period of two (2) years unless sooner
replaced by the South Miami City Commission at whose pleasure such
trustee serves. Each Police Officer shall serve as trustee for a period of two
(2) years, unless he or she sooner leaves the employment of the City.
(b) The Board shall annually elect from its membership a chairman and
secretary. The chairman, when present, shall preside at all meetings. The
secretary shall keep complete minutes of all proceedings of the be Board
and shall comply with requirements of F.S. § 185.06(3). At each quarterly
meeting a report detailing the assets and liabilities of the fund as of the date
of such meeting shall be presented. All elections of the beardBoard shall be
by a majority vote, a quorum being present. Four (4) or more trustees shall
constitute a quorum. Trustees shall receive not compensation as such but
may be reimbursed for any expenses related to beaFdBoard business.
Effective November 19, 2019, the presence of three (3) or more Trustees
shall constitute a quorum.
Section 6. Section 16-34, Elections, is hereby amended to read as follows:
Sec. 16-34. — Elections.
Page 4 of 22
Ordinance No. 36-19-2349
(a) All elections of police officers to the bear-dBoard shall be by secret written
ballot. Only participants in the fund shall be eligible for nomination and
election to the bear-dBoard and only participants shall be eligible to vote in
such elections.
(b) Notice of each election shall be posted at least two (2) weeks prior to the
date of such election, in the police station in the ei4yCity. Such elections
shall be conducted over a period of not less than two (2) business days.
Section 7. Section 16-35, Meetings, is hereby amended to read as follows:
Sec. 16-35. — Meetings.
(a) The beard ef tfusteesBoard of Trustees will hold regular meetings quarterly
or more often as determined by the beardBoard. Special meetings may be
called by the chairman and secretary or by any three (3) members of the
bear-dBoard. Ten (10) days' written notice of a special meeting shall be
given in writing to all bear-dBoard members, which notice shall contain the
purpose, date, time and place of the special meeting.
(b) If any elected member of the board ef 4asteesBoard of Trustees shall fail to
attend meetings of the bear-dBoard on two (2) consecutive meeting dates
without cause, as determined by the Board of Trustees, his
membership on the beardBoard shall be terminated. Written notice of this
fact shall be given to the member whose membership is thus terminated.
Section 8. Section 16-36, Replacement of board members, is hereby amended to read
as follows:
Sec. 16-36. — Replacement of-dBoard members.
If, at any time between elections, a vacancy occurs on the bear-dBoard for
any reason whatsoever, such vacancy shall be filled by a special election held in
accordance with the procedures of this article. The newly elected trustee shall serve
the remainder of the term of any trustee whose membership was terminated.
Section 9. Section 16-37, Powers of board, is hereby amended to read as follows:
Sec. 16-37. — Powers of the baRFdBoard.
The beardBoard shall have the power and authority as follows:
Fund Management and investments
Page 5 of 22
ORDINANCE NO. 3 6 -19 - 2 3 4 9
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida
amending the City of South Miami police officers retirement trust fund, Chapter 16,
Article III of the City's Code of Ordinances, which includes provisions to improve
readability of the plan document; providing for a five -member board of trustees in
accordance with Chapter 185 Florida Statutes; and providing for internal revenue
code compliance.
WHEREAS, pursuant to Chapter 185, Florida Statutes, the Board of Trustees of the City
of South Miami Police Officers' Retirement Trust Fund bears the sole and exclusive authority to
administer, and to ensure the proper operation of, the Trust Fund, and
WHEREAS, the Fund's counsel has recommended certain amendments to the City of
South Miami Police Officers' Retirement Trust in order to facilitate the Board of Trustees'
administration of the Trust, and to ensure the Trust's continued compliance with the provisions of
the Internal Revenue Code relating to tax -qualified retirement plans; and
WHEREAS, the Trustees of the City of South Miami Police Officers' Retirement Trust
Fund have requested and approved the amendments provided herein as being in the best interests
of the participants and beneficiaries and improving the administration of the Trust; and
WHEREAS, the City Mayor and City Commission have received and reviewed an
actuarial impact statement related to these changes prior to enactment of this ordinance; and
WHEREAS, the City Commission deems it to be in the public interest to provide these
changes to the Retirement Trust Fund plan for its police officer employees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. That the foregoing whereas clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. Section 16-30, Purpose, of the South Miami Code of Ordinances is hereby
amended to read as follows:
Sec. 16-30. - Purpose.
The purpose of this article is to }breve provide for the administration -,-to
F.S. eh. 185, and to prove means wher-eby peliee effieer-s ef the eity may
benefits from the funds provided for the pur-pese by Chapter- 185, Aets of Fier-ida;
1953of the Fund and the payment of benefits to participants of the Fund and to their
beneficiaries, in accordance with Chapters 112 and 185, Florida Statutes, the
Page 1 of 22
Ordizianoe No. 36-19-2349
Internal Revenue Code, and other applicable law. The Ffund hereby created, being
derived from monies received from the state and not from a tax levied by the
sityCfty on the ei4yCity taxpayers, shall be in addition to any other pension plan of
the eityC y, and nothing herein shall be construed to in any way affect the operation
of benefits of any other pension plan of the e-i4yCity that presently exists, except as
otherwise provided specifically herein. Any monies received or receivable by
reason of laws of the state State under the provisions of F.S. eh.�
Chapter 185, Florida Statutes, for the purpose of funding retirement benefits for
police officers shall be deposited'Atin the
inunedia
ely, and under no
r-etimstanees more than five (5) days after- r-eeeipt by
the �Feund in accordance with said Chapter. Effective October 1, 2001, the cry
peliee ' Fund shall pay to the e-i4yCity pension plan an
amount equal to the surplus chapter monies received for the year 2000 over the
1999 base year set forth in F.S.s#-1Chapter 185 up -to the cost of the minimum
benefits purchased, and the remaining balance held in reserve for the purchase of
additional minimum benefits.
Section 3. Subsections (b), (e), and (i) of Section 16-31, Definitions, of the South
Miami Code of Ordinances is hereby amended to read as follows:
Sec. 16-31. — Definitions
The following words and phrases shall, for the purpose of this article, have the
meanings 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.
(b) Board shall be understood to mean the beafd of tr-usteesBoard of Trustees
of the City of South Miami Police Of ieers 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.
(e) Police officers shall be understood to mean the police chief and all full-time
police officers of the City of South Miami, with permanent status in the
police department of the City of South Miami, as the bear-dBoard shall
determine to be engaged in enforcement of the ordinances of the City of
South Miami and statutes of the State of Florida. The term police officer
does not include auxiliary officers nor reserve officers.
Page 2 of 22
'Ordinance No. 36-19-2349
(i) 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 eRyCily; and all time, not to
exceed a period of five (5) years during which a participant is absent on a
military leave of absence. It shall include all leaves of absence without pay
for sickness, for such period of time as may be determined by the
bear-dBoard, in excess of accumulated sick time for which compensation is
received.
Section 4. Section 16-32, Police Officers' retirement trust fund; created, is hereby
amended to read as follows:
Sec. 16-32. — City of South Miami Police
Officers' Retirement Trust Fund created.
(a) There is hereby created in -a special fund to be known as the City of South
Miami Police Officers' Retirement Trust Fund, into which shall be paid all
monies received by the eityCity under the provisions of F.S. Chapter 185,
and all monies which are hereafter paid to the eityCity under the provisions
of Chapter 185, which are allocated to the Fund.
(b) The monies received and/or allocated to the city for the calendar years the
Cily was a participant in the state program are as follows:
Calendar year ending December, 1974 $81,250.10
Calendar year ending December, 1975 $8,574.61
Calendar year ending December, 1976 $11,738.95
Calendar year ending December, 1977 $12,073.83
(c) The c-iCity shall pay into said Fuund all monies received by it from the
state pursuant to chapter 185 that are allocated to the Fund, plus accrued
interest.
Section 5. Section 16-33, Membership of board; term; officers; meetings; quorum, is
hereby amended to read as follows:
Sec. 16-33. — Membership of boar-dBoard; term; officers; meetings; quorum.
(a) There is hereby erented
n sager, member- beard ei tmstees
f theeit
e y peliee
tmst fund, board
effleer-s1 retirement
whieh shall eensist
ef thfee (3) peliee
effieer-s as defined
herein and in F.S. § 185.02(i 1), whe shall
be eleeted by
n mnitirRA, __afthe_r►nliee
as n ministerial net
oiitn nrtieir.nr,tn eA+ti,e
by the e4y eemmissien
7•imlY r,einted
7 a
a tms
and shall seFN
as
Page 3 of 22
Ordinance No. 36-19-2349
Frn�rA �p' "_'- �o or-
nitn nAA»ar unison ttito atrr►�A�rwta»t Ai
\rT'1VLi-V cW o (2 LET, -nt e
.17
the 1 as
ff pefi e A fle r`�=`r eeesnAr Shag be eleete in
the
sftfne manner-
as
n» AW R1»/t1 »A1»t1Yt
sTeeed hifs,pLfAr her-self
et [• . ��` . /` dd tiena ly the w+ayer a
GT��1�GTi TI 7
tha4 shall seFve as
;ie easufe thf tstee shag serve, and seventh
tmstee
that shag be soelG�WrtiArity Af- hesix (6) tstees,
• ether- J1
rhn1l �nA the
nnr»a rights
asAftl�h AT the
ether-
C1V (6\ trttoteen n»
have»A1»tA� AY
7
and may sueeeed himself or- her -self in effi.Effective November 19, 2019
the Board shall be composed of five (5) trustees, who shall be appointed or
elected, and who shall serve, in accordance with Section 185.05, Florida
Statutes. Two of the trustees must be legal residents of the City of South
Miami and shall be appointed by the South Miami City Commission. Two
of the trustees must be Police Officers who are participants of the Trust
Fund. The fifth member of the Board shall be chosen by a majority of the
previously referenced four trustees, and such person's name shall be
submitted to the South Miami City Commission for ratification. Upon
receipt of the fifth person's name, the South Miami City Commission shall,
as a ministerial duty, appoint such person to the Board. The fifth member
shall have the same rights as each of the other four members appointed or
elected. Each trustee shall serve for a period of two (2) years and may
succeed himself or herself in office. Notwithstanding, each appointed
trustee shall serve as trustee for a period of two (2) years unless sooner
replaced by the South Miami City Commission at whose pleasure such
trustee serves. Each Police Officer shall serve as trustee for a period of two
(2) years, unless he or she sooner leaves the employment of the City.
(b) The bea-r-dBoard shall annually elect from its membership a chairman and
secretary. The chairman, when present, shall preside at all meetings. The
secretary shall keep complete minutes of all proceedings of the beardBoard
and shall comply with requirements of F.S. § 185.06(3). At each quarterly
meeting a report detailing the assets and liabilities of the fund as of the date
of such meeting shall be presented. All elections of the beafdBoard shall be
by a majority vote, a quorum being present. Four (4) or more trustees shall
constitute a quorum. Trustees shall receive not compensation as such but
may be reimbursed for any expenses related to beafdBoard business.
Effective November 19, 2019, the presence of three (3) or more Trustees
shall constitute a quorum.
Section 6. Section 16-34, Elections, is hereby amended to read as follows:
Sec. 16-34. — Elections.
Page 4 of 22
Ordinance No. 36-19-2349
(a) All elections of police officers to the beardBoard shall be by secret written
ballot. Only participants in the fund shall be eligible for nomination and
election to the bear-dBoard and only participants shall be eligible to vote in
such elections.
(b) Notice of each election shall be posted at least two (2) weeks prior to the
date of such election, in the police station in the si4yCity. Such elections
shall be conducted over a period of not less than two (2) business days.
Section 7. Section 16-35, Meetings, is hereby amended to read as follows:
Sec. 16-35. — Meetings.
(a) The board of tmsteesBoard of Trustees will hold regular meetings quarterly
or more often as determined by the bear-dBoard. Special meetings may be
called by the chairman and secretary or by any three (3) members of the
beardBoard. Ten (10) days' written notice of a special meeting shall be
given in writing to all bear-dBoard members, which notice shall contain the
purpose, date, time and place of the special meeting.
(b) If any elected member of the board of tmsteesBoard of Trustees shall fail to
attend meetings of the bear-dBoard on two (2) consecutive meeting dates
without cause, as determined by the beard of tmsteesBoard of Trustees, his
membership on the bear-dBoard shall be terminated. Written notice of this
fact shall be given to the member whose membership is thus terminated.
Section 8. Section 16-36, Replacement of board members, is hereby amended to read
as follows:
Sec. 16-36. — Replacement of beardBoard members.
If, at any time between elections, a vacancy occurs on the bear-dBoard for
any reason whatsoever, such vacancy shall be filled by a special election held in
accordance with the procedures of this article. The newly elected trustee shall serve
the remainder of the term of any trustee whose membership was terminated.
Section 9. Section 16-37, Powers of board, is hereby amended to read as follows:
Sec. 16-37. — Powers of the bear-dBoard.
The bear-dBoard shall have the power and authority as follows:
Fund Management and investments
Page 5 of 22
Ordinance No. 36-19-2349
(a) The plan is hereby established, pursuant to authority granted in chapter 16
of the City of South Miami Code of Ordinances, as a trust fund into which
shall be deposited all of the assets of the plan of every kind and description.
(b) The actual custody and supervision of the fund shall be vested in the
bear-dBoard. All assets of the plan may be commingled, provided that
accurate records are maintained at all times reflecting the financial
composition of the fund, including accurate accounts regarding the
following:
(1) Current amounts of accumulated account balances of
members. participants, both on an individual and aggregate basis;
(2) Receipts and disbursements;
(3) Benefits payments;
(4) All contributions from the eit-yCity;
(5) All contributions from the State of Florida pursuant to Chapter 185
[of the Florida Statutes];
(6) All interest, dividends, gains and losses from investment;
(7) Such other entries as may be required for a clear, complete financial
report of the status of the fund.
(c) The bear-dBoard shall establish a written investment policy, with the advice
and counsel of such advisors as the be Board deems necessary, and said
investment policy shall set forth the types of securities and other types of
investments into which shall be placed the assets of the fund. The policy
shall further set forth appropriate limitations on those investments,
including, but not limited to, anticipated rate of return, quality of
investment, class of investment and acceptable risk. The polices
provide for the continuing education of Board members in matters relating
to investments and the Board's responsibilities in accordance with F.S.
112.661(14). The beardBoard shall have the authority to invest and reinvest
the assets of the plan in such securities or property, real or personal, as the
bearQoard deems appropriate, including, but not limited to:
(1) Bonds, notes, or other obligations of the United States or any of its
agencies, or those guaranteed by the United States or for which the
credit of the United States is pledged for the payment of the principal
and interest or dividends thereof.
Page 6 of 22
Ordinance No. 36-19-2349
(2) Accounts or certificates of deposit in any bank or other financial
institution incorporated under the laws of the State of Florida, or any
national bank organized under the laws of the United States, or
authorized to do business and situated in the State of Florida, to the
extent that such certificates of deposit are secured by the deposits of
securities of the United States government.
(3) Notes secured by first mortgages on real property insured or
guaranteed by the Federal Housing Administration or the Veterans
Administration.
(4) Interest -bearing obligations with a fixed maturity of any corporation
organized under the laws of the United States, any state or organized
territory of the United States and the District of Columbia; provided
that such obligations are rated by at least two (2) nationally
recognized ratings services in any one (1) of the four (4) highest
classifications approved by the comptroller of the currency for the
investment of funds of national banks or, if only one (1) nationally
recognized ratings service shall rate such obligations, such ratings
service must have rated such obligation in any one (1) of the four
(4) highest rating classifications as set forth in this subsection.
(5) Bonds issued by the State of Israel.
(6) Real estate, which may be in the form of commingled ownership
and financial institutional futures, listed options, stock index futures,
which may be used under specific instruction of managers.
(7) Common stock, preferred stock and interest -bearing obligations of
domestic corporations having an option to convert into common or
preferred stock issued by a corporation organized under the laws of
the United States, any state or organized territory of the United
States or any state or organized territory of the United States and the
District of Columbia;
(8) Index funds and collective investment funds.
(9) Foreign securities, not to exceed twenty-five (25) percent of the
portfolio at market value.
(10) Any other investment permitted by law.
(d) The beardBoard may determine the percentage of each type of investment
to be held.
Page 7 of 22
Ordinance No. 36-19-2349
(e) The beardBoard shall be authorized to retain one (1) or more money
managers for the management of property held in the plan, and the
beardBoard shall convey property of the plan to such money managers for
investment and reinvestment in accordance with the terms of this article and
the investment policies established by the beardBoard. Any such money
manager contracting with the beardBoard for the investment of its assets
shall be deemed a fiduciary of the plan.
(f) The beardBoard shall have a continuing duty to observe and evaluate the
performance of any money manager retained by the beardBoard. The
beardBoard shall, in selecting a money manager or other investment
counsel, exercise all judgment and care in the circumstances then prevailing
which persons of prudence, discretion and intelligence exercise in the
management of their own affairs.
(g) The beardBoard shall require that any money manager or other agent who
has custody or control of any property of the plan to keep accurate and
detailed accounts of all investments, receipts, disbursements and other
transactions pertaining to such trust property, and the bear-dBoard shall
further require that all accounts, books and records pertaining thereto be
open for inspecting and audit at all reasonable times by the eityCLty, the
beardBoard or the designees.
(h) The bear Board shall also keep accurate and detailed accounts of all
investments, receipts, disbursements or other transactions pertaining to the
trust property and all accounts, books and records pertaining thereto shall
be open to inspection and audit at all reasonable times by the eityLily or its
designees.
(i) The beaFdBoard shall identify and publicly report any direct or indirect
holdings it may have in any scrutinized company, as defined in F.S. §
215.473, and proceed to sell, redeem, divest, or withdraw all publicly traded
securities it may have in such company beginning January 1, 2010, and shall
thereafter be prohibited from purchasing or holding such securities. The
divestiture of any such security must be completed by September 30, 2010.
In accordance with Ch. 2009-97, Laws of Florida, no person may bring any
civil, criminal, or administrative action against the beardBoard or any
employee, officer, director, or advisor of suehthe beaFdBoard based upon
the divestiture of any security pursuant to this paragraph.
Other Powers.
(a) To perform the acts required as the administrator of the plan. The
beardBoard may delegate administrative duties in its discretion.
Page 8 of 22
Ordinance No. 36-19-2349
(b) To approve disbursements, pay claims and authorize payments from the
fund by warrants signed by the chairman and the secretary of the
beafdBoard.
(c) To interpret the provisions of this article where the meaning is not clear or
ambiguity exists; and to promulgate necessary rules respecting the
operation of the fund, or elections of trustees, not in conflict with the
wording or clear intent of this article. In the event of any conflict, the
provisions of Chapter 185 of the Florida Statutes shall prevail.
(d) To authorize expenditure in connection with preliminary research, technical
services, legal services, Trustee education, 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.
(e) In accordance with Subsection 185.05(4), Florida Statutes, to bring and
defend lawsuits of every kind, nature, and description as a legal entity.
Section 10. Section 16-38, Security safekeeping, is hereby amended to read as follows:
Sec. 16-38. — Security safekeeping.
The custody of all securities and cash of the fund shall be with the
be dBoard. The bear-dBoard shall deposit all funds not invested as above in a
national or state chartered commercial bank located within the continental United
States, 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 inventories of such securities shall be kept as a
part of the permanent records of the beardBoard, which will be audited annually by
an independent certified accountant appointed by the Board.
Section 11. Section 16-39, Indemnification of board members, is hereby amended to
read as follows:
Sec. 16-39. — Indemnification of boaFdBoard members.
(a) All persons, i„^'„a;nn beard.members-, and employees, who sign checks or
handle money or securities of the fmd Fund, shall be bonded by a qualified
surety.
(b) The Trust Ffund shall indemnify the members of the board eftfusteesBoard
of Trustees of the City of South Miami Police Officers' Retirement Trust
Fund individually and collectively against all claims of pai4ieipants as
afemsaid any nature whatsoever arising from any alleged act or omission
relating to the fiduciary duties of the Board of Trustees hereunder and under
Page 9 of 22
Ordinance No. 36-19-2349
all applicable laws, and shall pay all expenses including court costs and
attorney's fees incurred in defending
assef4in&4ny such claims, except that no Trustee
shall be indemnified for any claim with regard to which a State or Federal
court having jurisdiction over the claim finds that the Trustee(s) against
whom the claim is asserted acted in bad -faith. In accordance with
Subsection 112.656(3), Florida Statutes, the Board of Trustees may
purchase errors and omissions insurance for the Board and for its members,
individually and collectively, covering any acts taken in their capacity as
Trustees.
(c) The members ef the peasien boa Board may, in its discretion, engage agents
to assist them in their dutiess and the eity aaemey shall represent the board
Statutes whieh shall apply. if the eity at4emey should fail eF r-efuse-40
.4th the request ef the pension bear-d in this r-eleAiea, the
17AMltitAYl be
a
rd 1M +hII1M d1se1•II4'l AY1 YY,At/ employ
lY1dIIMIIYIdIIY1tJIIAAJ eAl1M PIIl TAY
ese, including the various professionals referenced in Section
112.656, Florida Statutes. The Board shall be
relieved of all responsibility whatsoever for anything done or not done upen
the vffiaen advice of eeunsel in reasonable reliance upon the advice and
recommendations of the professionals engaged by the Board.
(d) In any judicial proceeding or administrative proceedings under Chapter 120,
Florida Statutes, brought under or pursuant to the provisions of F.S. 185,
the prevailing party shall be entitled to recover its costs and reasonable
attorney fees.
Section 12. Section 16-40, Payment of costs, expenses and fees, is hereby amended to
read as follows:
Sec. 16-40. — Payment of costs, expenses and fees.
At each meeting of the be&rdBoard, the tY Trustees shall examine all known
unpaid bills of expense for setting up, amending and operating the fund, and shall
approve and allow for payment all those bills of expense that are found to have been
necessary and proper charges against the fund; and these bills shall be paid
promptly.
Section 13. Section 16-41, Credits to individual accounts, is hereby amended to read as
follows:
Sec. 16-41. — Credits to individual accounts.
Page 10 of 22
Ordinance No. 36-19-2349
(a) An individual account shall be established for each participant.
(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 per eapimonths of service- by the hear-dBoard and charged
against monies received for participants during said year•, and the balance
of such monies shall be credited as contributions to the several participants
in an amount directly proportionate to the total number of months of duty
performed by the several police officers in the ealead fiscal year preceding
the date the monies were received from the state. The length of time of
service computed in monthly increments during the ealendar fiscal 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 month if his date of employment on permanent status is on or before the
fifteenth day of the month and if separation is on or after the sixteenth day
of the month. No partial monthly periods will be credited to any account.
No credit is to be given on account of seniority, rank or amount of
compensation which the participants receive.
(c) As of each Deeember- 31st.September 30, the assets of the fund shall be
valued at fair market value. The amount of any earnings from investments,
including unrealized gains and losses in market value, to be credited to the
account of the participant shall bear the same ratio to the total amount of
annual earnings as the participant's individual account balance bears to the
total of the individual account balances of all participants on the preceding
Deeember- 3 is September 30. This ratio determined on the preceding
Deeember�stSeptember 30 shall be based upon the participants' account
balances including contributions for such year.
(d) In addition to the monies received from the state and earnings on
investments, all forfeitures from police officers as provided for in section
16-42(a) hereof shall be prorated and credited annually to the accounts of
the individual participants. Such forfeitures shall be prorated to their
individual accounts in the same manner as monies received from the state,
as set forth in subsection (b) hereof.
(e) Subsequent to the effective date of this article, after a police officer has
retired and ceased to be a member on active duty, as defined in section 16-
31(a) hereof, no contributions from monies received from the state shall be
made to his account. Police officers who retired after December 31, 1973,
and prior to June 14, 1974, shall be entitled to participate in the monies they
could have participated in had this article been in effect on January 1, 1974,
but they shall not participate in any other monies. Monies credited to a
participant's account shall be payable only upon application by the filing of
Page 11 of 22
Ordinance No. 36-19-2349
a claim form with the Board. The application shall be on a claim 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. Section 16-42, Benefits, is hereby amended to read as follows:
Sec. 16-42. — Benefits.
No participant 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) Forfeiture for early separation: Should a participant separate from the
department prior to having satisfactorily completed ten (10) years of
service, the participant shall forfeit all monies credited to his name in the
plan.
(b) Departure prior to retirement age: Should a participant separate from the
department after having satisfactorily completed ten (10) years of service
but prior to retirement age as set forth in section 16-42 (c), the participant
will have a vested right to his credited benefits at the time of his separation.
These eredited benefits will remain in the inyes4neat pool and will rreeeive
At the
time of his/her separation, the participant shall receive a distribution of
his/her credited benefits paid directly to the participant or an eligible
retirement plan specified by the participant in a direct rollover.
(c) Normal retirement date: The normal retirement date of a participant;
shall be the first day of
the calendar year month coincident with or otherwise next following 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. Any provision of this P4an Fund to the contrary_
notwithstanding, a members participant's accrued benefit shall become
100% vested upon the attainment of the normal retirement date.
(d) Early retirement date: A participant who is eligible for and who elects early
retirement under the City of South Miami 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 fiftieth (50th) birthday and completion
of fifteen years of credited service.
Page 12 of 22
.Ordinance No. 36-19-2349
(e) Disability retirement: A participant determined by the beardBoard to be
totally and permanently disabled shall be eligible for disability retirement
and may elect any one of the benefit options set forth in section 16-424-(h).
The beardBoard shall set the date for commencement of disability benefit
payments to the participant after eligibility therefor has been established.
As used in this section, "total and permanent disability" shall mean that in
the opinion of the bear- of ti%steesBoard of Trustees the participant is
wholly prevented from rendering useful and efficient service as a police
officer; and a police officer will be considered permanently disabled if, in
the opinion of the board of tFusteesBoard of Trustees, such police officer is
likely to remain so disabled continuously and permanently from a cause
other than as specified below in items (1) through (5). A police officer will
not be entitled to receive any disability retirement income if the disability
is a result of.
(1) Excessive and habitual use by the police officer of drugs, intoxicants
or narcotics;
(2) Injury or disease sustained by the police officer while willfully and
illegally participating in fights, riots, civil insurrections or while
committing a crime;
(3) Injury or disease sustained by the police officer while serving in any
armed forces;
(4) Injury or disease sustained by the police officer after his
employment has terminated;
(5) Injury or disease sustained by the police officer while working
outside of his or her official capacity
and arising out of such employment.
(f) Death of a participant: Upon the death of a participant prior to retirement,
there shall be paid to the beneficiary last designated by him all the monies
credited to the participant's account plus four (4) percent interest,
compounded annually, for the period commencing with the Deeember-
September 30t" immediately preceding, but not including, the day of
death of the participant. In the event a participant dies on or after January 1,
2007, while performing Uniformed Services Employment and
Reemployment Act (USERRA) Qualified Military Service, the
beneficiaries of the participant shall be entitled to any benefits (other than
benefit accruals relating to the period of qualified military service) as if the
participant had resumed employment and then died while employed.
Page 13 of 22
Ordinance No. 36-19-2349
(g) Change of beneficiary: Each participant shall have the right to name 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 beardBoard
as a standard form under this plan. A retired participant may change his or
her designated beneficiary up to two (2) times without the approval of the
bear-dBoard or the current designated beneficiary. The retired amber
participant need not provide proof of the good health of the designated
beneficiary being removed, and the designated beneficiary being removed
need not be living. Any increase in liability to the ply Fund associated with
the new designation, as determined by the Pcmd's Fund's actuary, shall be
borne by the retiree.
(h) Benefit options. The participant has two 2 benefit options of which
he must choose one at the time of application for retirement benefits, which
application shall be made within the five-year period following the
member's date of retirement. Once an option is chosen and the first payment
thereon has been fie -cashed or deposited, the option selection becomes
binding on the participant and no other option may be chosen in lieu thereof.
The thffee-itwo(2) benefits options are as follows:
(1) Cash: The cash payment will be equal to the balance credited to the
participant's account plus five (5) per cent interest, compounded
annually, for the period commencing with the Deee beF
3 is September 30th immediately preceding the distribution of
benefits to the participant, but not to include, the day of retirement.
paymentr-r
mer+4htcr PA7;rmAni
tft;n .Y Ac„/fr,A4Ad
* th
the
In g;
YAf4,A;4t+ty r•Aarf,r,Ar,+cl flr;tt befv,ArtA te
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et,A„t.a the
the
befiefitsI id to he NAY+f Al MAf1+'S
paAieipant,
p1
�l1
esta4e as a lump
YZ1' AY,�'tltir payments
1 i lVnthl, �JLI'i1
pew
s
�1[7
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I to the present value of the r-emaining
/,A71M+Ad A YA+A At ,11+AMA[, AT .1�rA 1 11AY /1A11+
ents
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Page 14 of 22
Ordinance No. 36-19-2349
(-OM Rollover option. A participant may elect, at the time and in the
manner prescribed by the board of
tfusteesBoard of Trustees, to
have any portion of an eligible rollover distribution paid directly to
an eligible retirement plan specified by the participant in a direct
rollover. For the purposes of this section, the following words and
phrases shall have the following meanings indicated:
(�}a. 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:1. 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 distributee's
designated beneficiary, or for a specified period of
ten years or more;
h.2. Any distribution to the extent such distribution is
required under Section 401(a)(9) of the Internal
Revenue Code; -and
e.3. The portion of any distribution that is not includable
in gross income provided that a portion of a
distribution shall not fail to be an eligible rollover
distribution merely because the portion consists of
after-tax employee contributions which are not
includible in Gross income. However, such portion
may be transferred only to an individual retirement
account or annuity described in Section 408(a) or b)
of the Code, or to a qualified defined contribution
plan described in Section 401(a) or 403 a of the
Code that agrees to separately account for amounts
so transferred, including separately accounting for
the portion of such distribution which is includible in
gross income and the portion of such distribution
which is not so includible, and
4. the portion of any distribution that is made upon the
hardship of the amber participant.
fib. 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)
Page 15 of 22
Ordinance No. 36-19-2349
of the Internal Revenue Code, an annuity plan described in
section 403 (a) of the Internal Revenue Code, an annuity
contract described in Section 403(b) of the Code, er—a
qualified trust described in section 401(a) of the Internal
Revenue Code, an eligible plan under Section 457(b) of the
Code which is maintained by a state, political subdivision of
a state, or any agency or instrumentality of a state or political
subdivision of a state and which agrees to separately account
for amounts transferred into such plan from this plan, or,
with respect to distributions on or after January 1, 2008, a
Roth IRA (subject to the limitations of Code Section
408A(c)(3)), that accepts the distributee's eligible rollover
distribution. , in the ease ef an eligible rrelleverr
plan as an individual retirement aeoetint or- indivi
mfirzefnen4 annuity.
(3) . Distributee includes an employee or former employee. In
addition, the employee's or former employee's surviving
spouse is A aistr-ib teeand the employee's or former
Employee's spouse or former spouse who is the alternate
payee under a qualified domestic relations order, as defined
in Section 414(p) of the Code, are distributees with regard to
the interest of the spouse or former spouse. Furthermore,
effective January 1, 2007, a surviving designated
Beneficiary as defined in Section 401(a)(9)(E) of the Code
who is not the surviving spouse and who elects a direct
rollover to an individual retirement account described in
Section 408(a) of the Code or an individual retirement
annuity described in Section 408(b) of the Code shall be
considered a distributee.
(4)d. Direct rollover is a payment by the Fund to the eligible
retirement plan specified by the distributee.
Section 15. Section 16-43, Denial and review of claims, is hereby amended to read as
follows:
Sec.16-43. — Denial and review of claims.
(a) If a claim for benefits of any participant, former participant or beneficiary
is denied by the beaFdBoard, there shall be timely adequate written notice
within forty-five (45) days of claim date given to the claimant whose claim
for benefits has been denied, setting forth the specific reasons for such
denial. Unless otherwise provided by law, the terms of the retirement system
Page 16 of 22
Ordinance No. 36-19-2349
or plan shall provide for a full and fair review of those cases where a
member or beneficiary has had his claim to benefits denied.
(b) After a claimant receives a denial of rights to benefits or is in dispute with
the decision of the beafdBoard and after such claimant makes a written
request to the beBoard for a review of his previous denial, the
beaFdBoard will fully and fairly consider and review the case of such
aggrieved claimant. Within thirty (30) days of the beard!sBoard's receipt of
the aggrieved claimant's written request for their review of his previous
denial, the be Board shall give written notice of the disposition of the
disputed claim to the appropriate claimant by certified mail. The
beaFd s'Board's decision so rendered shall be conclusive and binding on all
interested parties.
Section 16. Section 16-44, Vested rights, is hereby amended to read as follows:
Sec. 16-44. — Vested rights.
The rights and benefits provided for herein are vested rights of the
participants in the fundFund, and shall not be subject to garnishment, attachment or
execution of any other legal process.
Section 17. Section 16-45, City's responsibility, is hereby amended to read as follows:
Sec. 16-45. — City's responsibility.
The eityCity shall have no responsibility for the operation of the fund except
those specified herein and shall bear no expense in connection therewith.
Section 18. Section 16-46, Limitations generally, is hereby amended to read as follows:
Sec. 16-46. — Limitations generally.
(a) Created for permanent police officers and beneficiaries. This plan is created
for the exclusive benefit of permanent police officers of the ei4yCity and
their beneficiaries, and shall be interpreted 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.
(b) Fund for participants or their beneficiaries. Except as provided in section
16-40, no funds accruing to this plan and no assets of the plan shall ever
revert to, be used or enjoyed by the c-vyCity, 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.
Page 17 of 22
ordinance No. 36-19-2349
(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 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;
except the recipient of any monthly benefit may authorized the beef
tmsteesBoard of Trustees to withhold from the monthly benefit those funds
necessary to pay for the benefits being received through the eityC ty, to pay
the certified bargaining agent of the eityCi1y, and to make any payments for
child support or alimony.
(f) Laws of Florida applicable. This plan Fund shall be construed according to
the laws of the State of Florida where it is made and where it shall be
enforced.
(g) Headings. The section and paragraph headings of this article are intended
for convenience and shall not affect the meaning or construction of any
provisions of this instrument.
Section 19. Section 16-47, Invalid provisions, is hereby amended to read as follows:
Sec. 16-47. - invalid �Severability.
If any provision of this article or the application thereof to any person or
circumstance is held invalid such invalidity shall not affect other provisions or
applications of the article which can be given effect without the invalid provisions
or application, and to this end the provisions of this article are declared to be
severable.
Section 20. Section 16-48, Amendment and termination of plan; distribution of fund,
is hereby amended to read as follows:
fund.
Sec. 16-48. - Amendment and termination of the Fund plan; distribution of
(a) The City of South Miami may amend this Alan Trust Fund 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
Page 18 of 22
Ordinance No. 36-19-2349
delivered to the members of the pension bear-dBoard; provided, however,
that:
(1) No amendment shall increase the duties or liabilities of the members
of the pension bear-dBoard without their written consent.
(2) No amendment shall provide for the use of funds or assets held
under this -pan Fund other than for the benefit of the participants
and their beneficiaries.
(b) The City of South Miami may terminate this p Trust -Fund 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
bear,dBoard. In such an event, the bear-dBoard shall cause the Ffund to be
apportioned and distributed in accordance with Chapter 185, Florida
Statutes, Municipal Police Officers' Retirement Trust Fund; policemen
generally.
(c) Any provision of this Fund to the contrary notwithstanding, a members
participant's accrued benefit shall become 100% vested upon the
termination of the Plan.
Section 21. Section 16-49, Limitation upon support services of board, is hereby
amended to read as follows:
Sec. 16-49. - Limitation upon support services of boardBoard.
Any
boarder-eated to administer-
p n.-Si �rl plans e-i the G44, A f CA
M►4llt�
iThe Board shah be pr-eh b ted TYem usif... may, in its discretion, use funds of
the porn;^M 4writ Fund to purchase support services whieh ean regardless of whether
such services could be supplied by the eyCity•,11~'0�s�,1^�, A^t;^„
Section 22. Section 16-50, Board may provide for setoff against disability pension for
workman compensation settlement, is hereby amended to read as follows:
Sec.16-50. - Offset against disability pension for
Irm
Workers' Compensation settlement.
To the extent consistent with applicable law, AMP, heard erreated te
the Board shall be authorized to
provide for- setef& effset the amount of any weAman eempensatien Workers'
by
settlement received b1y an employee claiming disability retirement
M�f Yf 11A AY regulation adopted
by L�11/IN-bAr-d A11d AYapYAtfAd !'1<I the
/1it<1 /IAm1'Y\1 1A1'1
by rreselutin against any disability benefits otherwise payable hereunder to the
employee,
Page 19 of 22
'Ordinance No. 36-19-2349
Section 23. A new Section 16-511, Internal Revenue Code Compliance, is hereby created
as follows:
Sec. 16-51. — Internal Revenue Code Compliance.
(a) Notwithstanding any other provision of the Fund to the contrary, the annual
addition that may be contributed or allocated to a participant's account under
the Fund for any limitation year shall not exceed the limits set forth in
Section 415 of the Internal Revenue Code (as adjusted pursuant to Section
415(d)), which Section, and any and all regulations issued thereunder, are
hereby, i�rporated by reference. For the purposes of applying the limits
set forth in Section 415 of the Code, compensation paid or made available
for any limitation year shall include any elective deferral (as defined in
Code Section 402(g)(3)), and any amount which is contributed or deferred
by the employer at the election of the employee and which is not includible
in the gross income of the employee by reason of Section 125 or 457. For
limitation years beginning on and after January 1, 2001, compensation paid
or made available during such limitation year shall include elective amounts
that are not includible in the gross income of the Employee by reason of
Section 132(f)(4) of the Code. For limitation years on or after July 1, 2007,
compensation shall also include payments that otherwise qualify as
compensation and that are made by the later of. (a) 2 and V2 (two and one-
half) months after severance from employment with the employer, and (b)
the end of the limitation year that includes the date of severance.
Compensation shall also include any differential wage payments for
qualified military service.
For the pMoses of this Subsection, the term "limitation year" means the 12-month
period which is used for application of the limitations under Code Section 415 and shall
be the fiscal year.
b) The participant's entire interest will be distributed, or begin to be
distributed, to the participant no later than the participant's Required
Beginning Date as defined in Section 401(a)(9) of the Internal Revenue
Code and all distributions under the Fund shall be made in accordance with
said Section and all applicable regulations thereunder, including the
incidental death benefit requirement in Section 401(a)(9)(G), and Sections
1.401(a)9-2 through 1.401(a)(9)-9 of the Treasury Regulations. Said
statutory and regulatory provisions shall override any conflicting
distribution options in the Fund.
(c) Notwithstanding any other provision of this Trust Fund, the maximum
amount of any mandatory distribution, as defined in Section 401(a)31) of
the Code, payable under the Fund shall be one thousand dollars ($1,000.00).
Page 20 of 22
Ordinance No. 36-19-2349
(d) In addition to other applicable limitations set forth in the Fund, and
notwithstanding any other provision of the Fund to the contrary, the annual
compensation of each participant taken into account under the Fund shall
not exceed the EGTRRA annual Compensation limit for limitation years
beginning after December 31, 2001. The EGTRRA annual Compensation
limit is two hundred thousand dollars ($200,000.00), as adjusted by the
Commissioner for increases in the cost of living in accordance with Section
401(a)(17)(B) of the Code. The cost -of -living adjustment in effect for a
calendar year applies to any period, not exceeding twelve 12) months, over
which Compensation is determined (determination periodbeginning in
such calendar year. If a determination period consists of fewer than twelve
(12) months, the EGTRRA annual Compensation limit will be multiplied
by a fraction, the numerator of which is the number of months in the
determination period, and the denominator of which is twelve (12).
(e) The Fund shall at all times be administered in accordance with the
provisions of the Uniformed Services Employment and Reemployment
Rights Act, which Act is hereby, i�rporated by reference.
�fl At no time prior to the satisfaction of all liabilities under the Fund with
respect to Participants and their spouses or beneficiaries, shall any part of
the corpus or income of the Fund be used for or diverted to any purpose
other than for their exclusive benefit.
Section 24. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 25. Codification. The provisions of this ordinance shall become and be made
a part of the Code of Ordinances of the City of South Miami as amended with the exception of the
actuarial impact statement. The City Clerk shall keep the impact statement with the original of
this ordinance.
Section 26. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 27. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 28. Effective Date. This Ordinance shall take effect upon enactment.
PASSED AND ENACTED this 19th day of November, 2019.
Page 21 of 22
Ordinance No. 36-19-2349
ATTEST:
CITY C RK
I' Reading — 11/5/19
2"d Reading — 11/19/19
I•l�;at�>�/�I��I
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Page 22 of 22
Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: November 19, 2019
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the City of South
Miami police officers retirement trust fund, Chapter 16, Article III of the City's Code of Ordinances, which
includes provisions to improve readability of the plan document; providing for a five -member board of trustees in
accordance with Chapter 185 Florida Statutes; and providing for internal revenue code compliance. 3/5 (City
Attorney)
Suggested Action:
Attachments:
10-7-19 Clean version by cty Atty sprev.CArev(2).docx
10-7-19 Clean version by cty Atty sprev.CArev(2)CohenAmendment.docx
MDBR Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Mlaml. Miami -Dade County. Flonda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily
Business Review f/k/a Miami Review. a daily (except
Saturday, Sunday and Legal Holidays) newspaper.
published at Miami in Miami -Dade County, Florida: that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the meter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - NOV 19. 2019
in the XXXX Court
was published in seld newspaper in the issues of
11/08/2019
Affient further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County, Florida and that the saitl newspaper has heretofore
been continuously published In said Miami -Dade County. Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail maner at me post
office in Miami in said Miami -Dade County. Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and arrant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount. rebate, commission or refund for the purpose of
securing this advertisement flat publication In the said
GUILLERMO GARCIA personally known to me
G^ BARBARATHOMAS
••-.,•.r-: Comiission If GG 121171
.,a; Expires November 2, 2021
'• Y.;„:+` Sanded TNu7my Fain lmuranre 6001E54015
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at he regular City Commission
meeting scheduled for Tuesday, November 19, 2019, beginning at 7:00 pin.,
in the City Commission Chambers, 6130 Sunset Drive, to consider the
following Rennie):
A Resolution approving and authorising the City Manager to execute
an Amendment to the 2018- 2021 Collective Bargaining Agreement
Not,a n ,ts and Captains) between the Miami Dade County Police
Benevolent Association ('PBA') and the City of South Miami and
to the 2018-2021 Collective Bargaining Agreement (Police Officers
and Sergeants) behveen the Florida State Lodge Fraternal Order
of Police, Inc. ('FOP') and the City of South Miami.
A resolution of the City of South Miami relating to the South Miami
Community Redevelopment Agency (SMCRA); approving, after
public hearing, the proposed SMCRA Community Redevelopment
Plan to extend the the of the SMCRA and expand its boundaries,
subject to approval by the Miami -Dade County Board of County
Commissioners; and requesting and recommending such approval.
A Resolution relating to a Variance application to moraase the maximum
building coverage requirement for a single -(amity residential building
located at 5800.5820 SW 87 Street.
A Resolution relating to a Variance application to increase the maximum
impervious coverage requirement for a single-family residential
building located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to reduce the minimum
side street setback requirement for a single-family residential building
located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to reduce the minimum
cumulative yard setback requirement for a single-family residential
building located at 5800-5820 SW 87 Street
A Resolution relating to a Variance application to reduce the minimum
setback requirement for concrete slabs for a single-family residential
building located at 5BOD-5820 SW 87 Street
A Resolution relating to a Variance application to increase the
physical barrier height limit for a single -(amity, residential building
located at 5B00-582D SW 87 Street.
An Ordinance amending the Land Development Code, Article II,
Section 2D-2.3 'Definitions', Article III, Section 20-3.3(D)'Permitted
Use Schedule' and Section 20-3A 'Special Use Conditions', Article
VII, Section 20-7.12() 'Permitted and Special Uses and Parking
Requirements' and Section 20-7.51 'Special Exception' concerning
Medical Madjuana and Drug, Pharmacy, and Sundry store uses.
An Ordinance amending file following secgons of the lard Development
Code: Section 20-2.3 Definitions, Section 20-3.3(D) Permitted Use
Schedule, and Section 203.4 Special use conditions; all concerning
uses that include Beauty/Barber Shop, Personal Skills Instruction
Studio, Photographic Studio and Physical Fitness Facility.
An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending the City of South Miami police officers
retirement trust fund, Chapter 16, Article III of the Ctty's Code of
Ordinances, which includes provisions to Improve readability of
the plan document, providing for a five -member board of trustees
in accordance with Chapter 18.5 Florida Statutes; and providing
for internal revenue code compliance.
ALL interested parties are invited to attend and will he heard
For further information, please contact the City Clerk's Office at:
305-663-5340.
NkengaA. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286-0105, the City hereby advises the public
that if a person deckles to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
11/8 19-112/0000437502M
47