Ord No 05-24-2490ORDINANCE NO. 05-24-2490
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE SOUTH MIAMI PENSION
PLAN TO ALLOW THE PURCHASE OF UP TO FIVE YEARS OF PRIOR
MILITARY SERVICE BY ALL PARTICIPANTS; BY AMENDING CHAPTER 16
"PENSIONS", ARTICLE II "CITY PENSION PLAN", SECTION 16-21
"PURCHASE OF CREDITED SERVICE"; AND PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission des ires to amend the service purchase provisions of the City
Pension Plan to a ll ow all Plan participants to purchase credited service under the Plan for up to five years
of active duty service in the U.S. military prior to c ity emplo yment by paying the full actuarial cost of
such service as determined by the Plan actuary, with s uch service applying to pension benefit calcul ations
but not toward vesting under the Plan; and
WHEREAS, the unions representing City general employees and police officers have agreed to
the amendment ; and
WHEREAS , the City Commission has determined that amend ing the City's pens ion plan is in
th e best interests of the C ity, its employees and residents.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and in corporated by
reference as if fully set forth herein and as the legislati ve intent of this Ordinance.
Section 2. City Code Amended. Chapter 16 , Article II, of the C ity of South Miami Code
of Ordinances is hereby amended by amending Section 16-21 , "Purchase of Credited Service" as
follows:
Sec. 16-21. -Purchase of credited service.
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Ord. No. 05-24-2490
~ Poliee offieer partieip&Ats, ineluding aarga-imng unit efflf)loyees All participants in the city
pension plan shall be allowed to purchase up to a maximum of five (5) years of credited
service for active duty in the U.S. military service, prior to employment as a poliee offieer
with the city in accordance with USERRA aad applicable federal and state law. Credited
service purchased pursuant to this subsection (a) shall apply for the pumose of pension benefit
calculations but not toward vesting under the plan. This provision shall not ee¥er apply to
service in the National Guard • or Florida State Guard, or service in the military reserves,
unless such service is active duty U.S. military service resen[e aeth[e duty or 1.1,eekend drill.
Participants purchasing such credited service must pay the full actuarial cost of such credited
service as determined by the plan actuary, as well as the cost of any actuarial calculations
required. Such purchase will be at the Participant's sole expense, with no cost assumed by
the city. The full amount of the cost of service purchased pursuant to this section and any
applicable actuarial cost must be received by the city Finance Department within 60 days
following the date of the actuarial cost calculation. If the full amount of the cost of service
purchased pursuant to this section and any applicable actuarial costs is not received within
60 days following the date of the actuarial cost calculation, no additional credited service
shall be credited. No additional credited service may be purchased based on prior military
service for which the participant is receiving or will receive a retirement benefit from a
different employer's retirement system or plan. Poliee offieers eleeting to f)llfehase prior
m-ilitary time will do so at tota.J. eost to the partieif)aat v,ith no eost assurBed ay the eity.
***
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Ord. No. 05-24-2490
Section 3. 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 4. Ordinances in Conflict. All ordinances or parts of ordinances and a ll sect ion and
parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
intent of this sectio n to repeal entire ord in ances, or parts of ordinances, that give the appearance of being
in conflict when the two o rdinances can be hannonized or when only a portion of the ordinance in
conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized
by amending its tenns, it is hereby amended to hannonize the two ordinances. Therefore, on ly that
portion that needs to be repealed to hannonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance s hall become effective upon enactment.
PASS ED AND ADOPTED thi s ~ day of March, 2024.
ATTEST:
1st Reading: 2/20/2024
2 nd Reading: 3/5/2024
APPROVED:
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY, AND Mayor Fernandez:
EXECUTION THEREOF Vice Mayor Bonich:
~FMANCOLE
& BIERMAN, P.L.
CITY ATTORNEY
3
Commiss ioner Call e:
Commissioner Liebman:
Commissioner Corey:
4-0
Yea
absent
Yea
Y e a
Yea
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: March 5, 2024
Submitted by: Alfredo Riverol
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE SOUTH MIAMI PENSION PLAN TO ALLOW THE PURCHASE OF UP TO FIVE YEARS OF
PRIOR MILITARY SERVICE BY ALL PARTICIPANTS; BY AMENDING CHAPTER 16 “PENSIONS”, ARTICLE II
“CITY PENSION PLAN”, SECTION 16-21 “PURCHASE OF CREDITED SERVICE”; AND PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A REPEALER; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo_-_Ordinance_on_Purchase_of_Prior_Military_Service__2___1___1_ (1).docx
4805198-Ordinance_Amending_Pension_Plan_v2_rev_2.23.24 - SR.docx
No Cost AIS - Service Purchase 2-2024.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:March 5, 2024
SUBJECT:An Ordinance Amending the City’s Pension Plan to allow All Participants to
Purchase up-to 5-Years of Prior Active U.S. Military Service prior to City
Employment
RECOMMENDATION:
Amend the City’s existing pension Ordinance to allow all pension participants to purchase up-to
5-years of active prior Active U.S. Military Service at their sole discretion and cost prior to City
employment.
BACKGROUND:
The City’s exiting Pension Plan allows participants of the Police Pension Plan the ability to
purchase up-to 5-years of prior active U.S. Military Service.
The City Administration recommends amending the service purchase provisions of the City
Pension Plan to allow all Plan participants of all classes to purchase credited service under the
Plan for up to five years of active-duty service in the U.S. military prior to city employment by
paying the full actuarial cost of such service as determined by the Plan actuary, with such service
applying to pension benefit calculations but not toward vesting under the Plan.
The below details the changes to the City’s Pension Plan as proposed in the Ordinance:
All city employees, not just police officer participants, can purchase up to 5 years of
military service.
The military service eligible for purchase includes active-duty US military service, and not
service in the National Guard, Florida State Guard or military reserves.
Employees purchasing service must pay the full actuarial cost of the service and the cost
for the actuarial calculations.
Full payment for service must be made within 60 days of the calculation.
Employees cannot buy military service that already counts toward benefits in another
pension plan.
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FUNDING:
Finance’s expected cost to the City created by the proposed amendment to the City’s pension
plan, allowing for this option is estimated to be $0.
ATTACHMENTS:
Proposed Ordinance
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February 29, 2024
Ms. Siera Feketa, MBA
Pension Administrator
Foster & Foster
2503 Del Prado Blvd. S
Suite 502
Cape Coral, Florida 33904
Re: South Miami Pension Plan - Actuarial Impact Statement
Dear Siera:
As requested by Mr. Alfredo Riverol, we have performed an actuarial review of the attached proposed
Ordinance.
Based upon our review, we understand the proposed Ordinance:
1. Allows for the purchase of up to five years of prior military service by all participants provided the
participant pays the full actuarial cost of the purchase within 60 days of the calculation. Such
service shall count towards pension benefit calculations but not towards vesting.
2. Provides for severability.
3. Repeals all Ordinances or parts of Ordinances in conflict herewith.
4. Provides for an effective date.
In our opinion, based upon the actuarial assumptions and methods employed in the October 1, 2022
Actuarial Valuation, the Ordinance is a no cost Ordinance under State funding requirements.
If you should have any question concerning the above or if we may be of further assistance with this
matter, please do not hesitate to contact us.
Sincerest regards,
Gabriel, Roeder, Smith & Company
Jennifer M. Borregard, E.A.
Consultant and Actuary
Enclosure
cc: Mr. Alfredo Riverol
Ronald Cohen, Esq.
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4A .............................................................................................MIAMI HERALD FRIDAY FEBRUARY 23 2024
“I can’t give you jus-
tice,”he said.
Walton showed very
little emotion during the
sentencing,stroking his
chin and briefly covering
his eyes with his left hand.
Given the chance to
speak,he chose not to.He
was handcuffed and fin-
gerprinted and taken away
by Miami-Dade correc-
tions officers through a
back door in Courtroom
4-3 of Miami-Dade’s crim-
inal courthouse.
His attorney,Alan
Greenstein,said there
would be an appeal,likely
over insufficient evidence
to convict.It’s an argu-
ment that rarely sways
appellate judges.
A GIRL’S DEATH OVER
SNEAKERS
Prosecutors from the
Miami-Dade State At-
torney’s Office say
Camps-Lacayo lost her life
during the botched theft
of three pairs of name
brand sneakers that she
and her boyfriend,both
Miami-Dade high-school
seniors,were trying to sell
to make some money
during the early days of
the COVID-19 pandemic.
The prosecutors suc-
cessfully argued that Wal-
ton and friend Adrian
Cosby were trying to steal
three new pairs of Adidas
Yeezy sneakers,a pricey
joint venture between the
shoe giant and music
superstar Kanye West.
The shoes sell for $2 35 in
retail stores and much
more on the re-sale mar-
ket.
According to police and
prosecutors,Camps-La-
cayo’s boyfriend,Sergio
Berben,—a prolific In-
stagram user in high
school and who said he
used the social-media site
to dabble in stock trades
—advertised the resale of
the Yeezys on an Insta-
gram page that he created
and called kickzone305.
Prosecutors said he was
contacted by direct mes-
sage on the app on the
morning of April 7,2020,
by Eric Readon,who was
Facetiming with Walton at
the same time he was
negotiating a sale price
with Berben.
They agreed on a sale
price of $935.With no
meeting time or place yet
set,Berben picked up his
girlfriend to go out to
breakfast before heading
over to the gated commu-
nity in the 2 7000 block of
Southwest 12 1st Court,
where he expected to
meet Readon.
When Berben and
Camps-Lacayo arrived at
the community at 1:15
p.m.,Berben contacted
Readon,who directed him
to the front of an aban-
doned home.While Ber-
ben’s white Jeep Wrangler
was parked at the curb
and still in drive with its
engine on,Walton showed
up.Berben lowered his
window,and the two chat-
ted.
Prosecutors said Walton
asked to try on the shoes.
Berben refused,wanting
the money first.Walton
claims to have been look-
ing at the Cash App on his
phone when Cosby
showed up behind him,
walking along the edge of
the road.
Suddenly,prosecutors
say,Cosby lurched toward
the vehicle after pulling a
pistol from his jacket.
Berben began to speed off,
but Cosby got off several
rounds,one striking
Camps-Lacayo in the
stomach,another hitting
Berben’s arm.Berben
drove the Jeep out of the
complex and pulled over
on Southwest 112th Ave-
nue near a Florida Turn-
pike exit and called 911.
Jurors heard the 911 call
in which Berben begged
for help and a dispatcher
did all she could to keep
him calm and help
Camps-Lacayo until help
arrived.They were trans-
ported to a hospital.Ber-
ben survived.His girl-
friend did not.
Though prosecutors
admit Walton didn’t fire
the weapon,that doesn’t
matter under state law.A
person taking part in any
crime when a death occurs
—whether they physically
committed it or not —can
be charged with homicide
in Florida.The gun was
never found.
Cosby was also arrested
and charged with the
same crimes as Walton.
His trial date is set for
April.
‘ROBBERY
THAT WENT BAD’
During Wednesday’s
closing arguments,Miami-
Dade Assistant State At-
torney Sara Imm called
the attempted robbery a
“set up.This was a rob-
bery that went bad,”she
told jurors.
And though the state
couldn’t provide actual
audio or text exchanges in
which a potential robbery
was discussed —Imm
provided a convincing
timeline that showed con-
tinual interactions among
Readon,Cosby and Wal-
ton leading up to the
death of Camps-Lacayo.
She also explained to
jurors how Walton deleted
541 pictures and texts
when police showed up at
Cosby’s home the day
after the murder.
“The robbery did not go
as planned.And as a result
there was loss of life,”
Imm told jurors.“They
did not plan to kill anyone,
but it was reasonably
foreseeable.”
Walton’s attorney,
Greenstein,countered
that the state’s case was
full of “assumptions,sup-
positions and inferences,
but no proof.”And he said
his client didn’t use any
force to try to take the
shoes.
“They proved what?
That they were friends,
that they knew each oth-
er?”he asked the jury.
Responding to the
state’s timeline that
showed Walton and Cosby
running off after the
shooting,Greenstein
called it instinctive.
“He’s done some stupid
things in his life.Running
from this was one of
them,”the lawyer said of
his client.“But running is
natural under these cir-
cumstances.He was
scared.”
Relatives of Andrea Camps-Lacayo embrace after the verdict in Miami on Wednesday.
Miami-Dade Circuit Court Judge Miguel M.de la O was
emotional on Wednesday.‘I can’t give you justice,’he told
Andrea Camps-Lacayo’s family.
PHOTOS BY PEDRO PORTAL pportal@miamiherald.com
Alexander Camps and Maria Camps-Lacayo,the parents
of Andrea Camps-Lacayo,listen to the verdict against
George Oshane Walton on Wednesday in Miami.
FROM PAGE 1A
TRIAL
‘‘HE’S DONE SOME
STUPID THINGS IN
HIS LIFE.RUNNING
FROM THIS WAS
ONE OF THEM.
Attorney Alan Greenstein,
about his client,George
Oshane Walton
11