Ord No 16-25-2529ORDINANCE NO.16-25-2529
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TO THE SOUTH MIAMI PENSION
PLAN BY AMENDING CHAPTER 16 “PENSIONS”,
SPECIFICALLY SECTIONS 16-14 “PENSION BENEFITS
AND RETIREMENT DATE”,SECTION 16-15.“DISABILITY
BENEFITS”,SECTION 16-16.“DEATH OF A
PARTICIPANT”,SECTION 16-21.“PURCHASE OF
CREDITED SERVICE”,AND SECTION 16-32.“CITY OF
SOUTH MIAMI POLICE OFFICERS'RETIREMENT
TRUST FUND;CREATED”IN ORDER TO EFFECTUATE
THE PENSION RELATED PROVISIONS OF THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY AND THE FRATERNAL ORDER OF POLICE;
PROVIDING FOR CORRECTIONS;SEVERABILITY;
CONFLICTS;IMPLEMENTATION,AND AN EFFECTIVE
DATE.
WHEREAS,on June 3,2025,the City of South Miami (the “City”)ratified the Collective
Bargaining Agreement with the Fraternal Order of Police (“FOP”)for the period October 1,2024
through September 30,2027;and
WHEREAS,the Collective Bargaining Agreement provides for certain modifications to
the City of South Miami Pension Plan (the “Plan”);and
WHEREAS,to implement the modifications to the Plan,it is necessary to adopt an
ordinance amending Chapter 16,Article II of the City’s Code of Ordinances (the “Code”);and
WHEREAS,on July 29,2025,the City Commission conducted a duly noticed public
hearing as required by law and approved the ordinance on second reading;and
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Ord.No.16-25-2529
NOW,THEREFORE,BE IT HEREBY ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2.Amending Chapter 16 “Pensions”of the Code.Chapter 16,“Pensions”,
of the Code is hereby amended to read as follows:
Sec.16-14.Pension benefits and retirement date.
***
(e)Life income;death benefit.The normal form of pension shall be a life income
with the first monthly payment of a participant's pension being due on
retirement date if the participant is then living,and the last monthly payment
being due on the last monthly due date on which the participant is living.If
the death of the participant occurs after this form of pension has become
operative but before the sum of all monthly payments that have become due
prior to the participant's death exceeds the death benefit which would have
been payable if the participant had died immediately prior to retirement date,
there shall be payable in one sum to the beneficiary entitled thereto an amount
equal to the excess of such death benefit over the sum of such monthly
payment.Notwithstanding any other provision herein to the contrary,
effective [effective date of ordinance!the normal form of pension fora police
officer participant shall be a life income with the first monthly payment of a
participant's pension being due on retirement date if the participant is then
living,and the last monthly payment being due on the last monthly due date
on which the participant is living,except that,in the event a police officer
participant dies after retirement but before receiving retirement benefits for a
period of 10 years,the same monthly benefit will be paid to the beneficiary
as designated by the participant for the balance of such 10-year period,or.if
no beneficiary is designated,to the participant’s estate.
(f)Optional forms of payment.
(1)A participant entitled to a normal or early service retirement benefit shall
have the right at any time prior to the date upon which the first payment
is received to elect to have the benefit payable under one of the options
provided in this section.The participant shall be permitted to revoke any
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Ord.No.16-25-2529
such election and to elect a new option at any time prior to the receipt of
the first payment.Election of the retirement option shall be on a form
prescribed by the board of trustees.
a.Life annuity.A participant may elect to receive an annuity payable
for life.This shall be the normal form of retirement.There shall
be no guaranteed payment in excess of the accumulated
contributions of the participant,which contributions shall be paid
to the participant's estate or designated beneficiary should the
participant die prior to receiving payments equal to said
contributions.Notwithstanding any other provision herein to the
contrary,effective Feffective date of ordinance],the normal form
of pension for police officer participants shall be an annuity
payable for life,except that,in the event a sworn police officer
participant dies after retirement but before receiving retirement
benefits for a period of 10 years,the same monthly benefit will be
paid to the beneficiary as designated by the participant for the
balance of such 1 0-year period,or,if no beneficiary is designated,
to the participant’s estate.
***
Sec.16-15.Disability benefits.
***
fc)Police officers-.Notwithstanding any other provision herein to the contrary,
a police officer participant who becomes totally and permanently disabled in
the line of duty,regardless of their years of credited service,shall be entitled
to their accrued benefit payable for life with ten years guaranteed in an
amount not less than 42 percent of the participant’s average compensation
as of his or her disability retirement date.A police officer participant who
becomes totally and permanently disabled other than in the line of duty who
has less than 1 0 years of credited service shall be entitled to their accrued
benefit payable for life with ten years guaranteed.A police officer participant
who becomes totally and permanently disabled other than in the line of duty
who has 10 or more years of credited service shall be entitled to their accrued
benefit payable for life with ten years guaranteed in an amount not less than
25 percent of the participant’s average compensation as of their disability
retirement date.
(i)A police officer participant will be considered totally and
permanently disabled if,in the opinion of the pension board,the
participant is wholly prevented from rendering useful and efficient
4938-6472-5578,v.3
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Ord.No.16-25-2529
service as a police officer and is likely to remain so disabled
continuously and permanently.
(ii)If a police officer participant recovers from disability and reenters
the service of the city as a police officer the participant’s service
will be deemed to have been continuous,but the period beginning
with the first month for which the police officer received a
disability retirement income payment and ending with the date
participant reentered the service of the citv may not be considered
as credited service for the purposes of the plan.
***
Sec.16-16.Death of a participant.
***
(f)Police officers:Notwithstanding any other provision herein to the contrary,
effective [effective date of ordinance],for a police officer participant who
dies prior to his or her retirement date with less than 10 years of credited
service,there shall be paid to the beneficiary last designated by the
participant an amount equal to the aggregate of the participant's
contributions made prior to the date of death.For a police officer participant
who dies prior to his or her retirement date with 1 0 or more years of credited
service,there shall be paid to the beneficiary last designated by the
participant a monthly benefit payable for life of the beneficiary,with 10
years guaranteed.The benefit amount shall be a reduced early retirement
benefit calculated as if the deceased participant had terminated employment
on the day before death and survived to the early retirement date and elected
the 50%joint and last survivor optional form of benefit.The beneficiary
may elect to defer payment until the deceased participant's normal
retirement date.In the case of such deferral,the benefit amount shall be an
unreduced normal benefit amount calculated as if the deceased participant
had terminated employment on the day before death and survived to the
normal retirement date and elected the 50%joint and last survivor optional
form of benefit.
***
Sec.16-21.Purchase of credited service.
**
(f)For police officer participants,the following will apply:
4938-6472-5578,v.3
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Ord.No.16-25-2529
(1)Notwithstanding any other provision herein to the contrary,effective
October 1.2024,police officer participants who are not participating in
the DROP shall be allowed to apply for permission to purchase credit
for prior service as a police officer for any other municipal,county or
state or federal law enforcement department as long as the participant is
not entitled to receive a benefit for such prior service.The maximum
number of years of credited service that may be purchased for prior
police service shall be five years.Credited service purchased pursuant
to this section shall apply for the purpose of pension benefit calculations
but not toward vesting under the plan.The participant shall pay the full
actuarial cost of the service purchase as calculated by the Plan's actuary,
plus any fees charged by Plan’s actuary to perform the service purchase
calculations.Payment for prior police service and payment for credit
service for active duty in the U.S,military service purchased pursuant
to Section 16-21(a)may be made in a lump sum or deducted from the
participant’s pay,with interest at the assumed rate of investment return
for the Plan,over a period of time not exceeding 10 years.In the event
full payment for the prior police service with interest has not been made
at the time a participant enters the DROP or separates from city
employment,the participant shall receive credited service for which the
amount paid is the full actuarial cost,as determined by the Plan actuary.
***
Sec.16-32.City of South Miami Police Officers'Retirement Trust Fund;created.
(a)There is hereby created 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 city under the provisions of F.S.Chapter 185,and all monies
which are hereafter paid to the city under the provisions of F.S.ch.1 85,which
are allocated to the fund.
(b)The monies received and/or allocated to the city for the calendar years the
city was a participant in the state program are as follows:
Calendar year ending December,1974$8,250.1 0
Calendar year ending December,1975$8,574.61
Calendar year ending December,1 976$1 1 ,738.95
Calendar year ending December,1977$12,073.83
4938-6472-5578,v.3
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Ord.No.16-25-2529
(c)The city shall pay into said fund all monies received by it from the state
pursuant to F.S.ch.185 that are allocated to the fund,plus accrued interest.
(d)Notwithstanding any other provision herein to the contrary,effective
[effective date of the ordinance!,the F.S.Ch.185 premium tax revenues shall
be allocated as follows:
(ii)The portion of the “reserve for future minimum benefits.”which had a
balance of $1 95.51 8 as of September 30,2024.will be used to zero out
all negative accounts in the Share Plan as of [effective date of this
ordinance!.The remaining balance of the reserve fund shall be applied
towards the city’s required annual pension contribution specifically
relating to the cost of the minimum benefits required by F.S,Chapter 1 85
(“statutory minimum benefits”).
(iii)All future annual premium tax revenue contributions shall be allocated
first to pay for the statutory minimum benefits.Should the annual cost
of the statutory minimum benefits ever exceed the premium tax revenue
contribution amounts,the city shall be responsible to pay the difference,
however,any future annual premium tax revenues received in excess of
the annual cost of the statutory minimum benefits shall be applied to
reduce the city’s annual required pension contributions until such
amounts paid by city to fund the statutory minimum benefits are satisfied
in full.Once amounts paid by city to fund the statutory minimum
benefits are satisfied in full,the annual premium tax monies received in
excess of the annual cost of the statutory minimum benefits shall be
allocated to police officer individual Share Plan accounts,with each
active member (including DROP participants)with at least 1 year of
service receiving an equal share of the excess each year-
Section 1.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 2.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,the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 3,Conflicts.That all ordinances or parts of ordinances,resolutions or parts
of resolutions,in conflict herewith,are repealed to the extent of such conflict.
Section 4,Implementation.The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance.
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Ord.No.16-25-2529
Section 5.Effective Date.This Ordinance shall become effective immediately upon
adoption.
PASSED on first reading on the 1 7lh day of June,2025.
PASSED AND ADOPTED on second reading on the 29th day of July,2025.
ATTEST:APPROVED:
city]^^^^MAYOR^~^^
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
COMMISSION VOTE:5-0
Mayor Javier Fernandez:Yea
Vice Mayor Brian Corey:Yea
s'y'Commissioner Lisa Bonich:Yea
Commissioner Steve Calle:Yea
Commissioner Danny Rodriguez:Yea
WEISS SEROTA HELFMAN COLE
&BIERMAN,P.L.
CITY ATTORNEY
4938-6472-5578,v.3
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Subject:
Suggested Action:
Meeting Date:July 29, 2025
Submitted By:Nkenga Payne
Submitted Department:Finance Department
Item Type:Ordinance
Agenda Section:ORDINANCE(S) SECOND READING(S) PUBLIC
HEARING(S)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE SOUTH MIAMI PENSION PLAN BY AMENDING
CHAPTER 16 "PENSIONS", SPECIFICALLY SECTIONS 16-
14 "PENSION BENEFITS AND RETIREMENT DATE",
SECTION 16-15. "DISABILITY BENEFITS", SECTION 16-16.
"DEATH OF A PARTICIPANT", SECTION 16-21. "PURCHASE
OF CREDITED SERVICE", AND SECTION 16-32. "CITY OF
SOUTH MIAMI POLICE OFFICERS' RETIREMENT TRUST
FUND; CREATED" IN ORDER TO EFFECTUATE THE
PENSION RELATED PROVISIONS OF THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY AND THE
FRATERNAL ORDER OF POLICE; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION, AND AN EFFECTIVE DATE. 3/5 (CITY
MANAGER)
Agenda Item No. 15.
CITY COMMISSION Agenda Item Report
Attachments:
Memo_-_Ordinance_Adopting_Remaining_185_Benefits__1_.docx
Pension Ordinance Implementing FOP CBA 6-9-25.DOCX
Sec. 16-32. - City of South Miami Police Officers' Retirement Trust Fund.pdf
2024 Minimum Benefit_Study- Police.pdf
2025.07.22-ActuarialImpactStatement-SouthMiamiPension.pdf
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: July 29, 2025
SUBJECT: An Ordinance Amending the City’s Police Pension Plan to Incorporate the Final
Four State-Mandated Minimum Benefits Required for Shared Plans; and to
Authorize the Purchase of Creditable Service for Prior Law Enforcement
Employment with Another Municipal, County, State, or Federal A gency in
Accordance with the Recently Ratified Agreements with the Police Benevolent
Association (PBA) and the Fraternal Order of Police (FOP).
Recommendation: Adopt amendments to the City’s Police Pension Plan to incorporate the
final four state-mandated minimum benefits required for shared plans.
The ordinance also authorizes police officers to purchase creditable service
for prior law enforcement employment with another municipal, county,
state, or federal agency, provided the member is not entitled to a pension
benefit for such service. These changes reflect provisions included in the
recently ratified agreements with the Police Benevolent Association (PBA)
and the Fraternal Order of Police (FOP).
Background: On February 4, 2025, and June 3, 2025, the City Commission approved
resolutions adopting the collective bargaining agreements with the PBA
and FOP, respectively. Each agreement includes provisions for adopting
the remaining four “minimum benefits” required under the state’s shared
plan standards, as well as language permitting the purchase of prior
creditable service by eligible officers.
Chapter 185, Florida Statutes, governs municipal police pension trust
funds. Under this chapter, “minimum benefits” refer to the baseline level
of pension benefits that must be provided in order for a municipality to
remain eligible for state insurance premium tax revenue.
A “shared plan” is a pension plan that uses a combination of municipal
contributions and state premium tax revenues while allowing flexibility in
2
$South ’Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
plan design, so long as it meets or exceeds the statutory minimums.
Municipalities operating shared plans must ensure:
Benefits do not fall below minimum statutory levels.
Any enhancements funded with premium tax dollars remain in
addition to those minimums.
By formally adopting the final minimum benefits, the City eliminates the
need to maintain a separate “minimum benefits reserve,” which will
increase the funds available to be shared among officers. This adjustment
is expected to enhance retirement benefits for officers once minimum
benefit obligations are satisfied.
The four (4) remaining minimum benefits are as follows:
Normal Form of Benefit:
o Current Provision: Payable for life for Normal, Early and Terminated
Vested Retirements
o Required Provision: Payable for life with 120 payments guaranteed
for Normal, Early and Terminated Vested Retirements
Service-Connected Disability Benefit
o Current Provision: Accrued benefit as of date of disability,
actuarially reduced as for early retirement for early
commencement (3.0% when applicable), payable for life
o Required Provision: Unreduced accrued benefit as of date of
disability, minimum of 42% of average monthly compensation,
payable immediately for life with 120 payments guaranteed.
Non Service-Connected Disability Benefit
o Current Provision: Accrued benefit as of date of disability,
actuarially reduced as for early retirement for early
commencement (3.0% when applicable), payable for life
o Required Provision: For Members with less than 10 years of
credited service, accrued benefit as of date of disability,
actuarially reduced as for early retirement for early
commencement (3.0% when applicable), payable for life with 120
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SoutP'Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
months guaranteed. For Members with 10 or more years of
credited service, unreduced accrued benefit as of date of
disability, minimum of 25% of average monthly compensation,
payable immediately for life with 120 payments guaranteed.
Pre-Retirement Death Benefit
o Current Provision: For Members with less than 10 years of
credited service, refund of accumulated contributions. For
Members with 10 or more years of credited service, the
beneficiary will receive benefit payable as if the deceased
member had terminated employment on the day before death
and survived to the earliest retirement date and elected the 50%
Joint and Contingent form of payment reduced for early
retirement and died the next day. The beneficiary may elect to
defer payment until the deceased member’s normal retirement
date.
o Required Provision: For Members with less than 10 years of
credited service, refund of accumulated contributions. For
Members with 10 or more years of credited service, the
beneficiary will receive benefit payable for life with 10 years
guaranteed as if the deceased member had terminated
employment on the day before death and survived to the earliest
retirement date and elected the 50% Joint and Contingent form
of payment reduced for early retirement and died the next day.
The beneficiary may elect to defer payment until the deceased
member’s normal retirement date.
Additionally, the ordinance authorizes officers, at their own expense, to
purchase service credit for prior law enforcement employment with
another qualifying agency, provided that no pension benefit is payable for
that prior service. This provision offers flexibility for officers with previous
service and helps improve their retirement security.
Funding: As expected, the Actuarial Impact Statement dated July 22, 2025, confirms
that there is no financial impact on the City’s general fund. The proposed
4
SoutP'Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Ordinance is projected to increase the State’s Annual Required
Contribution by $24,469, raising the total from $79,228 to $103,697.
Attachments: Draft Ordinance
2024 Minimum Benefits Study
Foster and Foster July 22, 2025, Required Actuarial Impact Statement
5
SoutP'Miami
THE CITY OF PLEASANT LIVING
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11/1/24,12:55 PM South Miami,FL Code of Ordinances
ARTICLE III.-POLICE OFFICERS
Footnotes:
-(3)-
Editor's note—Ord.No.1038,§§1—20,adopted July 24,1979,did not specify manner of amendment;thus codification as
Art.Ill,§§16-30—16-48,has been at the editor's discretion.Formerly Art.Ill consisted of §§16-30—1648,pertaining to the
same subject matter and derived basically from Ord.No.917,§§1—19,adopted Dec.21,1976,as amended by Ord.No.
920,§§1—19,adopted Jan.18,1977;and Ord.No.933,§1,adopted Mar.15,1977.
Sec.16-30.-Purpose.
The purpose of this article is to provide for the administration of the fund and the payment of benefits to
participants of the fund and to their beneficiaries,in accordance with F.S.chs.1 12 and 185,the 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 city on the city taxpayers,shall be in addition to any other pension
plan of the city,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 under the provisions of F.S.ch.1 85,for the
purpose of funding retirement benefits for police officers shall be deposited in the fund in accordance with
said chapter.Effective October 1,2001,the fund shall pay to the city pension plan an amount equal to the
surplus chapter monies received for the year 2000 over the 1 999 base year set forth in F.S.ch.1 85 up to the
cost of the minimum benefits purchased,and the remaining balance held in reserve for the purchase of
additional minimum benefits.
(Ord.No.1 038,§1,7-24-79;Ord.No.1 761,§6,1 0-1 6-01;Ord.No.2349,§2,1 1 -1 9-1 9)
Sec.1 6-31.-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.
(a)Active dutyshaW mean actual services as a police officer with permanent status in the police
department of the City of South Miami,Florida,except for approved leaves of absence as set
forth below under paragraph (i)of this section.
(b)Board shall be understood to mean the Board of Trustees of the City of South Miami Police
Officers'Retirement Trust Fund,or such other board or boards as may be created by the City
of South Miami,or its successors,to administer the pension system.
(c)
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City shall be understood to mean the City of South Miami,Florida,and the lands under the jurisdiction
thereof from time to time,as determined by law.
(d)State shall be understood to mean the State of Florida.
(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.
(f)Plan shall mean the "City of South Miami Police Officers'Retirement Plan."
(g)Fund shall mean the "City of South Miami Police Officers'Retirement Trust Fund."
(h)Participant:Every police officer of the city who is on active duty and who is a participant in the
"South Miami Pension Plan"shall automatically become a participant in this plan.
(i)Service shall mean all time served as a police officer permanently appointed under this Code
and personnel rules,for which regular compensation is paid by the city;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 board,in excess of accumulated sick time for which
compensation is received.
(j)Chapter 185 shall mean and refer only to Chapter 1 85,Florida Statutes.
(k)Departmenf shall be understood to mean the police department of the City of South Miami.
(I)Finance director shall be understood to mean the finance director of the City of South Miami.
(Ord.No.1 038,§2,7-24-79;Ord.No.2349,§3,11-1 9-1 9)
Sec.1 6-32.-City of South Miami Police Officers'Retirement Trust Fund;created.
(a)There is hereby created 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 city under the
provisions of F.S.Chapter 1 85,and all monies which are hereafter paid to the city under the
provisions of F.S.ch.1 85,which are allocated to the fund.
(b)The monies received and/or allocated to the city for the calendar years the city was a participant
in the state program are as follows:
Calendar year ending December,1 974 $8,250.1 0
Calendar year ending December,1 975 $8,574.61
Calendar year ending December,1976 $1 1,738.95
Calendar year ending December,1 977 $1 2,073.83
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(c)The city shall pay into said fund all monies received by it from the state pursuant to F.S.ch,1 85
that are allocated to the fund,plus accrued interest.
(Ord.No.1 038,§§3,4,7-24-79;Ord.No.2349,§4,1 1-1 9-1 9)
Editor's note—Ord.No.2349,§4,adopted Nov.1 9,201 9,changed the title of §1 6-32 from police officers'
retirement trust fund;created to City of South Miami Police Officers'Retirement Trust Fund created.
Sec.16-33.-Membership of board;term;officers;meetings;quorum.
(a)Effective November 1 9,201 9 the board shall be composed of five (5)trustees,who shall be
appointed or elected,and who shall serve,in accordance with F.S.§185.05.Two (2)of the
trustees must be legal residents of the City of South Miami and shall be appointed by the South
Miami city commission.Two (2)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 (4)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 (4)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 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 board shall be by a majority vote,of a quorum
being present.Four (4)or more trustees shall constitute a quorum.Trustees shall receive no
compensation as such but may be reimbursed for any expenses related to board business.
Effective November 1 9,201 9,the presence of three (3)or more trustees shall constitute a
quorum.The words "being present,"for the purposes of this section means members who are
physically present as well as those members who attend remotely provided the members
attending remotely can be seen and heard by,and the remotely attending member can see and
hear,everyone attending the meeting in person and remotely.
(Ord.No.1 038,§5,7-24-79;Ord.No.1 208,§1,9-1 0-84;Ord.No.1 890,§1,10-3-06;Ord.No.2063,§4,10-
1 9-1 0;Ord.No.2349,§5,1 1-1 9-1 9;Ord.No.2446,§21,1 0-4-22)
Sec.16-34.-Elections.
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(a)All elections of police officers to the board shall be by secret written ballot.Only participants in
the fund shall be eligible for nomination and election to the board and only participants shall be
eligible to vote in such elections.
(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 city.Such elections shall be conducted over a period of not less than two
(2)business days.
(Ord.No.1038,§6,7-24-79;Ord.No.1890,§2,10-3-06)
Sec.16-35.-Meetings.
(a)The board of trustees will hold regular meetings quarterly or more often as determined by the
board.Special meetings may be called by the chairman and secretary or by any three (3)
members of the board.Ten (10)days'written notice of a special meeting shall be given in writing
to all board members,which notice shall contain the purpose,date,time and place of the special
meeting.
(b)If any elected member of the board of trustees shall fail to attend meetings of the board on two
(2)consecutive meeting dates without cause,as determined by the board of trustees,his
membership on the board shall be terminated.Written notice of this fact shall be given to the
member whose membership is thus terminated.
(Ord.No.1038,§7,7-24-79)
Sec.1 6-36.-Replacement of board members.
If,at anytime between elections,a vacancy occurs on the board 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.
(Ord.No.1038,§8,7-24-79;Ord.No.1890,§3,10-3-06)
Sec.16-37.-Powers of the board.
The board shall have the power and authority as follows:
Fund management and investments.
(a)The plan is hereby established,pursuant to authority granted in chapter 1 6 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)
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The actual custody and supervision of the fund shall be vested in the board.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 participants,both on an individual and
aggregate basis;
(2)Receipts and disbursements;
(3)Benefits payments;
(4)All contributions from the city;
(5)All contributions from the State of Florida pursuant to Chapter 1 85 [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 board shall establish a written investment policy,with the advice and counsel of such
advisors as the 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 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 board
shall have the authority to invest and reinvest the assets of the plan in such securities or
property,real or personal,as the 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.
(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)
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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.
(1 0)Any other investment permitted by law.
(d)The board may determine the percentage of each type of investment to be held.
(e)The board shall be authorized to retain one (1 )[or]more money managers for the management
of property held in the plan,and the board 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 board.Any such money manager contracting with the
board for the investment of its assets shall be deemed a fiduciary of the plan.
(f)The board shall have a continuing duty to observe and evaluate the performance of any money
manager retained by the board.The board 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 board 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 board shall
further require that all accounts,books and records pertaining thereto be open for inspecting
and audit at all reasonable times by the city,the board or the designees.
(h)The 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
city or its designees.
(i)The board 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 1,201 0,
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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 board or any employee,officer,
director,or advisor of the board 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 board may delegate
administrative duties in its discretion.
(b)To approve disbursements,pay claims and authorize payments from the fund by warrants signed
by the chairman and the secretary of the board.
(c)To interpret the provisions of this 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 1 85 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 F.S.§1 85.05(4),to bring and defend lawsuits of every kind,nature,and
description as a legal entity.
(Ord.No.1 038,§9,7-24-79;Ord.No.1 890,§4,1 0-3-06;Ord.No.2063,§5,1 0-1 9-1 0;Ord.No.2088,§2,4-4-
11;Ord.No.2349,§9,11-19-19)
Sec.1 6-38.-Security safekeeping.
The custody of all securities and cash of the fund shall be with the board.The board shall deposit all
funds not invested as above in a national or state chartered commercial bank located within the 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 board,which will be
audited annually by an independent certified accountant appointed by the board.
(Ord.No.1 038,§1 0,7-24-79;Ord.No.2349,§1 0,1 1 -1 9-1 9)
Sec.1 6-39.-Indemnification of board members.
(a)All persons and employees,who sign checks or handle money or securities of the fund,shall be
bonded by a qualified surety.
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(b)The trust fund shall indemnify the members of the board of trustees of the City of South Miami
Police Officers'Retirement Trust Fund individually and collectively against all claims of any nature
whatsoever arising from any alleged act or omission relating to the fiduciary duties of the board
of trustees hereunder and under all applicable laws,and shall pay all expenses including court
costs and attorney's fees incurred in defending any 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 F.S.§11 2.656(3),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 board may,in its discretion,engage agents to assist them in their duties,including the
various professionals referenced in F.S.§112.656.The board shall be relieved of all responsibility
whatsoever for anything done or not done in reasonable reliance upon the advice and
recommendations of the professionals engaged by the board.
(d)In any judicial proceeding or administrative proceedings under F.S.ch.120,brought under or
pursuant to the provisions of F.S.ch.1 85,the prevailing party shall be entitled to recover its costs
and reasonable attorney fees.
(Ord.No.1 038,§11,7-24-79;Ord.No.2349,§11,11-19-19)
Sec.1 6-40.-Payment of costs,expenses and fees.
At each meeting of the board,the 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.
(Ord.No.1038,§12,7-24-79)
Sec.1 6-41.-Credits to individual accounts.
(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 months of
service by the board 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 fiscal year preceding the date the monies were received from the state.The
length of time of service computed in monthly increments during the fiscal year preceding the
date upon which payment is received from the state is the only criterion upon which the amount
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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 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 bearthe 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 September 30.This ratio determined on the
preceding September 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 1 6-42(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 tojune 14,1974,shall be entitled to participate in the monies they could have
participated in had this article been in effect on January 1,1 974,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 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.
(Ord.No.1038,§13,7-24-79;Ord.No.2349,§13,11-19-19)
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 (1 0)years of service,the participant shall forfeit all monies
credited to his name in the plan.
(b)
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Departure prior to retirement age:Should a participant separate from the department after having
satisfactorily completed ten (1 0)years of service but prior to retirement age as set forth in section 1 6-42(c),
the participant will have a vested right to his credited benefits at the time of his separation.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 o'ate: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 (1 0)years of credited police service.Any provision of this fund to
the contrary notwithstanding,a participant's accrued benefit shall become one hundred (1 00)
percent 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 (1 5)years of credited service.
(e)Disability retirement:A participant determined by the board to be totally and permanently
disabled shall be eligible for disability retirement and may elect any one (1)of the benefit
options set forth in section 16-42(h).The board 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 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 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
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September 30th 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.
(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 board or the
current designated beneficiary.The retired 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 fund associated with the new
designation,as determined by the 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 (1 )
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 cashed or deposited,the option selection becomes binding
on the participant and no other option may be chosen in lieu thereof.The two (2)benefits
options are as follows:
(1)Cas/7/The cash payment will be equal to the balance credited to the participant's account
plus five (5)percent interest,compounded annually,for the period commencing with the
September 30th immediately preceding the distribution of benefits to the participant,but
not to include,the day of retirement.
(2)Rollover option:A participant may elect,at the time and in the manner prescribed by the
board 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:
1.Any distribution that is one (1)of a series of substantially equal payments (not less
than annually)madeforthe 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 (1 0)years or more;
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2.Any distribution to the extent such distribution is required under Section 401(a)(9)
of the Internal Revenue Code;
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 participant.
b.Eligible retirement plan is an individual retirement account described in Section 408(a)
of the Internal Revenue Code,an individual retirement annuity described in Section
408(b)of the Internal Revenue Code,an annuity plan described in Section 403(a)of
the Internal Revenue Code,an annuity contract described in Section 403(b)of the
Code,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.
c.Distributee includes an employee or former employee.In addition,the employee's or
former employee's surviving spouse and 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 41 4(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.
d.Direct rollovens a payment by the fund to the eligible retirement plan specified by the
distributee.
(Ord.No.1038,§14,7-24-79;Ord.No.1761,§7,10-16-01;Ord.No.2063,§6,10-19-10;Ord.No.2349,§14,
11-19-19)
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Sec.1 6-43.-Denial and review of claims.
(a)If a claim for benefits of any participant,former participant or beneficiary is denied by the board,
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 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
board and after such claimant makes a written request to the board for a review of his previous
denial,the board will fully and fairly consider and review the case of such aggrieved claimant.
Within thirty (30)days of the board's receipt of the aggrieved claimant's written request for their
review of his previous denial,the board shall give written notice of the disposition of the disputed
claim to the appropriate claimant by certified mail.The board's decision so rendered shall be
conclusive and binding on all interested parties.
(Ord.No.1038,§15,7-24-79)
Sec.16-44.-Vested rights.
The rights and benefits provided for herein are vested rights of the participants in the fund,and shall not
be subject to garnishment,attachment or execution of any other legal process.
(Ord.No.1038,§16,7-24-79)
Sec.16-45.-City's responsibility.
The city shall have no responsibility for the operation of the fund except those specified herein and shall
bear no expense in connection therewith.
(Ord.No.1038,§17,7-24-79)
Sec.1 6-46.-Limitations generally.
(a)Created for permanent police officers and beneficiaries.This plan is created for the exclusive
benefit of permanent police officers of the city and their beneficiaries,and shall be interpreted in
a manner consistent with its being a qualified plan under Chapter 1 85 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 1 6-40,no funds accruing
to this plan and no assets of the plan shall ever revert to,be used or enjoyed by the city,nor shall
any such funds or assets ever be used other than for the benefit of the participants or their
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beneficiaries.This section cannot be altered or amended.
(c)Compliance by parties,claimants.All parties to this plan and all persons claiming any interest
whatsoever hereunder agree to perform any and all acts and execute any and all documents or
papers which may be necessary or desirable for carrying out any of the provisions of this plan or
of any amendments to this plan or for complying with any federal or state disclosure laws.
(d)Plan is not contract of employment.The pension plan shall not be construed as creating any
contract of employment between the 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 board of trustees to withhold from the monthly benefit those funds necessary to
pay for the benefits being received through the city,to pay the certified bargaining agent of the
city,and to make any payments for child support or alimony.
(f)Laws of Florida applicable.This 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.
(Ord.No.1 038,§1 8,7-24-79;Ord.No.1 870,§1,1-11-06;Ord.No.2349,§1 8,1 1 -1 9-1 9)
Sec.16-47.-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.
(Ord.No.1 038,§1 9,7-24-79;Ord.No.2349,§1 9,1 1-1 9-1 9)
Editor's note—Ord.No.2349,§1 9,adopted Nov.1 9,201 9,changed the title of §1 6-47 from invalid
provisions to severability.
Sec.16-48.-Amendment and termination of the fund;distribution of fund.
(a)The City of South Miami may amend this 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 delivered to the members of the board;provided,however,that:
(1)No amendment shall increase the duties or liabilities of the members of the board without
their written consent.
(2)No amendment shall provide for the use of funds or assets held under this fund other than
for the benefit of the participants and their beneficiaries.
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(b)The City of South Miami may terminate this 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 board.In such an event,the board shall cause the fund to be apportioned and
distributed in accordance with F.S.ch.1 85,Municipal Police Officers'Retirement Trust Fund;
Policemen Generally.
(c)Any provision of this fund to the contrary notwithstanding,a participant's accrued benefit shall
become one hundred (100)percent vested upon the termination of the fund.
(Ord.No.1 038,§20,7-24-79;Ord.No.2349,§20,1 1 -1 9-1 9)
Editor's note—Ord.No.2349,§20,adopted Nov.1 9,201 9,changed the title of §1 6-48 from amendment
and termination of plan;distribution of fund to amendment and termination of the fund;distribution of
fund.
Sec.1 6-49.-Limitation upon support services of board.
The board may,in its discretion,use funds of the fund to purchase support services regardless of
whether such services could be supplied by the city.
(Ord.1257,§1,8-19-86;Ord.No.2349,§21,11-19-19)
Sec.1 6-50.-Offset against disability pension for workers'compensation settlement.
To the extent consistent with applicable law,the board shall offset the amount of any workers'
compensation settlement received by an employee claiming disability retirement against any disability
benefits otherwise payable hereunder to the employee.
(Ord.No.1 257,§1,8-1 9-86;Ord.No.2349,§22,1 1-1 9-1 9)
Editor's note—Ord.No.2349,§22,adopted Nov.1 9,201 9,changed the title of §1 6-50 from board may
provide for setoff against disability pension for workman compensation settlement to offset against
disability pension for workers'compensation settlement.
Sec.1 6-51.-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 41 5 of the Internal Revenue Code (as adjusted pursuant to
Section 415(d)),which section,and any and all regulations issued thereunder,are hereby
incorporated by reference.For the purposes of applying the limits set forth in Section 41 5 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
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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 1 25 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 1 32(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:
(1 )Two and one-half (2.5)months after severance from employment with the employer;and
(2)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 purposes of this subsection,the term "limitation year"means the 1 2-month period which is used
for application of the limitations under Code Section 41 5 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).
(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)(1 7)(B)of the Code.The cost-of-living adjustment in effect for a
calendar year applies to any period,not exceeding twelve (1 2)months,over which compensation
is determined (determination period)beginning in such calendar year.If a determination period
consists of fewer than twelve (1 2)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 (1 2).
(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 incorporated by
reference.
about:blank 16/,.
29
11/1/24,12:55 PM South Miami,FL Code of Ordinances
(f)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.
(Ord.No.2349,§23,11-19-19)
about:blank 17/,,
VIA E-MAIL
13420 Parker Commons Boulevard, Suite 104 Fort Myers, FL 33912 · (239) 620-0200 · Fax (239) 481-0634 · www.foster-foster.com
December 18, 2024
Mr. Alfredo Riverol
Finance Director
City Hall, 1st Floor
6130 Sunset Drive
South Miami, Florida 33143
Re: South Miami Pension Plan
Actuarial Analysis – Minimum Required Benefits (Police Officers)
Dear Alfredo:
As requested, we have performed an Actuarial Study to determine the effect on the minimum required
annual contribution requirements of the additional remaining minimum benefits required under F.S.
Chapter 185 for Police Officers under the above referenced Plan. Those remaining minimum benefit
provisions are listed below:
Normal Form of Benefit:
o Current Provision: Payable for life for Normal, Early and Terminated Vested
Retirements
o Required Provision: Payable for life with 120 payments guaranteed for Normal, Early
and Terminated Vested Retirements
Service-Connected Disability Benefit
o Current Provision: Accrued benefit as of date of disability, actuarially reduced as for
early retirement for early commencement (3.0% when applicable), payable for life
o Required Provision: Unreduced accrued benefit as of date of disability, minimum of 42%
of average monthly compensation, payable immediately for life with 120 payments
guaranteed.
Non Service-Connected Disability Benefit
o Current Provision: Accrued benefit as of date of disability, actuarially reduced as for
early retirement for early commencement (3.0% when applicable), payable for life
o Required Provision: For Members with less than 10 years of credited service, accrued
benefit as of date of disability, actuarially reduced as for early retirement for early
commencement (3.0% when applicable), payable for life with 120 months guaranteed.
For Members with 10 or more years of credited service, unreduced accrued benefit as of
date of disability, minimum of 25% of average monthly compensation, payable
immediately for life with 120 payments guaranteed.
Pre-Retirement Death Benefit
o Current Provision: For Members with less than 10 years of credited service, refund of
accumulated contributions. For Members with 10 or more years of credited service, the
beneficiary will receive benefit payable as if the deceased member had terminated
employment on the day before death and survived to the earliest retirement date and
elected the 50% Joint and Contingent form of payment reduced for early retirement and
died the next day. The beneficiary may elect to defer payment until the deceased
member’s normal retirement date.
30
FOSTER &FOSTER
ACTUARIES AND CONSULTANTS
Page 2
December 18, 2024
Mr. Alfredo Riverol
Pre-Retirement Death Benefit (continued)
o Required Provision: For Members with less than 10 years of credited service, refund of
accumulated contributions. For Members with 10 or more years of credited service, the
beneficiary will receive benefit payable for life with 10 years guaranteed as if the
deceased member had terminated employment on the day before death and survived to
the earliest retirement date and elected the 50% Joint and Contingent form of payment
reduced for early retirement and died the next day. The beneficiary may elect to defer
payment until the deceased member’s normal retirement date.
The impact on the Plan’s contribution requirements to upgrade the above provisions to the requirements
under F.S. Chapter 185, determined as of October 1, 2023 (applicable to the fiscal year ending September
30, 2025, are shown below.
Provision
Annual Cost
($)
Annual Cost
(% of Payroll)
Normal Form of Benefit 19,969 0.7%
Service-Connected Disability Benefit 14,181 0.5%
Non Service-Connected Disability Benefit 1,169 0.0%
Pre-Retirement Death Benefit 30 0.0%
Adopting All 4 of the Benefits Above 35,349 1.2%
The Chapter Fund has a reserve for unused State funds of $195,518 as of September 30, 2024. The source
of this reserve is State payments in excess of the base amount plus minimum benefits already purchased
($79,228 = $12,498 + $25,282 + $41,448). It is our understanding that a portion of this reserve will be
used to cover the negative accounts under the 185 Share Plan and the remaining balance will be applied to
offset the annual cost of the minimum benefits. As of September 30, 2023, the 185 Share Plan negative
balances accumulated to ($28,951). We will not know what the accumulated negative balances are as of
September 30, 2024 until the 185 Share Plan balances as of that date are finalized (typically in March).
However, for informational purposes we estimate that the negative balances will reduce the September
30, 2024 reserve to $166,567 (estimated based on the September 30, 2023 negative balances), and that the
reserve will reduce the annual cost of the minimum benefits by approximately $12,734.
Based upon the State payment received for fiscal 2024, future excess State payments available to the fund
are projected to equal $56,010 ($157,707 – $79,228 – $22,469). Thus, the Police Officers are estimated to
have a projected $68,744 ($56,010 + $12,734) to apply towards the annual cost of minimum benefits.
All data, assumptions, methods and plan provisions are the same as in the October 1, 2023 actuarial
valuation report prepared by GRS Consulting, except we assumed that 75% of disabilities are assumed to
be service-connected (in line with current assumptions for other Police plans across the state). It should
also be noted that this change to retirement benefits could potentially affect participants’ retirement
behavior. The results of this analysis do not reflect any change in the retirement assumption, but we will
monitor the assumption should benefits be changed in order to ensure that the assumption is in line with
anticipated future plan experience.
Future actuarial measurements may differ significantly from the current measurements presented in this
analysis for a variety of reasons including: changes in applicable laws, changes in plan provisions,
changes in assumptions, or plan experience differing from expectations. Due to the limited scope of this
analysis, we did not perform an analysis of the potential range of such future measurements.
31
Page 3
December 18, 2024
Mr. Alfredo Riverol
Please note the contents of this analysis and the October 1, 2023 actuarial valuation report are considered
integral parts of the actuarial opinions. In reviewing the results presented in this study, it should be noted
there are risks that may not be inherently apparent to the reader that should be carefully considered. For
key risks, please see the Risks Associated with measuring the Accrued Liability and Actuarially
Determined Contribution section of the October 1, 2023 actuarial valuation report.
The undersigned is familiar with the immediate and long-term aspects of pension valuations and meets
the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial
opinions contained herein.
If you have any questions, concerns, or would like to discuss the results in greater detail, please do not
hesitate to contact me.
Sincerely,
Sara E. Carlson, ASA, EA, MAAA
32
13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 · (239) 433-5500 · Fax (239) 481-0634 · www.foster-foster.com
July 22, 2025
Board of Trustees
South Miami Pension Plan
Re: South Miami Pension Plan
Dear Board:
Enclosed is the following material, which has been prepared in support of the proposed changes to the
Fund:
1. Three (3) copies of the required Actuarial Impact Statement, which outlines the costs associated with
implementing the changes.
2. Draft of transmittal letters to the Bureau of Local Retirement Systems and the Bureau of Police
Officers’ and Firefighters’ Retirement Trust Funds.
It will be necessary for the Chairman to sign each copy of the Actuarial Impact Statement as the Plan
Administrator and forward the Impact Statement, along with a copy of the proposed Ordinance, to the two
Bureaus prior to final reading.
If you have any questions concerning the enclosed material, please let us know.
Sincerely,
Sara E. Carlson, ASA, EA, MAAA
Cc via email: Brent Chudachek, Plan Attorney
Enclosure
33
FOSTER &FOSTER
ACTUARIES AND CONSULTANTS
Mr. Steve Bardin
Police Officers' and Firefighters’ Retirement Trust Funds
Department of Management Services, Division of Retirement
3189 S. Blair Stone Rd.
Tallahassee, FL 32301
Re: Actuarial Impact Statement
Dear Mr. Bardin:
The South Miami Pension Plan is considering the implementation of amended retirement benefits for its
Police Officers. The changes are described in the enclosed material.
Pursuant to the provisions of Chapter 185, we are enclosing the required Actuarial Impact Statement
along with a copy of the proposed Ordinance for your review.
If you have any questions or if additional information is needed, please contact us.
Sincerely,
34
Mr. Keith Brinkman
Bureau of Local Retirement Systems
Division of Retirement
3189 S. Blair Stone Rd.
Tallahassee, FL 32301
Re: Actuarial Impact Statement
Dear Mr. Brinkman:
The South Miami Pension Plan is considering the implementation of amended retirement benefits for its
Police Officers. The changes are described in the enclosed material.
Pursuant to Section 22d-1.04 of the Agency Rules, we are enclosing the required Actuarial Impact
Statement (AIS) and a copy of the proposed Ordinance for your review.
If you have any questions or if additional information is needed, please contact us.
Sincerely,
35
SOUTH MIAMI
PENSION PLAN
ACTUARIAL IMPACT STATEMENT
July 21, 2025
Attached hereto is a comparison of the impact on the Minimum Required Contribution (per Chapter 112,
Florida Statutes) and the Required City Contribution, resulting from the implementation of the following
changes:
1.) The normal form of pension for a police officer shall be payable for life with 120 payments
guaranteed.
2.) A police officer participant who becomes totally and permanently disabled in the line of duty,
regardless of their years of credited service, shall be entitled to their accrued benefit payable
for life with ten years guaranteed in an amount not less than 42% of the participant’s average
compensation as of his or her disability retirement date.
3.) A police officer participant who becomes totally and permanently disabled other than in the
line of duty who has 10 or more years of credited service shall be entitled to their accrued
benefit for life with 10 years guaranteed in an amount not less than 25% of the participant’s
average compensation as of their disability retirement date.
4.) A police officer participant who dies prior to his or her retirement date with less than 10 years
of credited service, there shall be paid to the beneficiary last designated by the participant an
amount equal to the aggregate of the participant's contributions made prior to the date of
death. For a police officer participant who dies prior to his or her retirement date with 10 or
more years of credited service, there shall be paid to the beneficiary last designated by the
participant a monthly benefit payable for life of the beneficiary, with 10 years guaranteed.
The benefit amount shall be a reduced early retirement benefit calculated as if the deceased
participant had terminated employment on the day before death and survived to the early
retirement date and elected the 50% joint and last survivor optional form of benefit. The
beneficiary may elect to defer payment until the deceased participant’s normal retirement
date. In the case of such deferral, the benefit amount shall be an unreduced normal benefit
amount calculated as if the deceased participant had terminated employment on the day
before death and survived to the normal retirement date and elected the 50% joint and last
survivor optional form of benefit.
5.) Effective October 1, 2024, police officer participants who are not participating in the DROP
shall be allowed to apply for permission to purchase credit for prior service as a police officer
for any other municipal, county or state or federal law enforcement department as long as the
participant is not entitled to receive a benefit for such prior service. The participant shall pay
the full actuarial cost of the service purchase as calculated by the Plan's actuary, plus any fees
charged by Plan’s actuary to perform the service purchase calculation; therefore, there is no
impact on the funding requirements of the Plan by adopting this provision alone.
6.) Utilize a portion of the unused State funds of $195,518 to 1) zero out all negative accounts in
the Share Plan, and 2) offset the cost of the above changes. As of September 30, 2024, the
185 Share Plan negative balances accumulated to $23,244.85. The remaining reserve will
reduce the annual cost of the minimum benefits by approximately $13,170.
36
The cost impact, determined as of October 1, 2024, applicable to the fiscal year ending September 30,
2026, is as follows:
Proposed Current
Minimum Required Contribution ¹ $1,854,252 $1,829,783
Member Contributions (Est.) 526,649 526,649
City And State Required Contribution 1,327,603 1,303,134
State Contribution (Est.) ² 103,697 79,228
City Required Contribution $1,223,906 $1,223,906
¹ Reflects normal cost minimum funding requirements of Chapter 112, Florida Statutes.
² The total impact of the proposed Ordinance results in an expected increase in the
State Annual Required Contribution of $24,469. This increases the total State
Annual Required Contribution due from $79,228 to $103,697.
37
SOUTH MIAMI
PENSION PLAN
ACTUARIAL IMPACT STATEMENT
July 21, 2025
Unless otherwise noted, all data, assumptions, methods and plan provisions are the same as in the October
1, 2024 actuarial valuation report, except we assumed that 75% of disabilities are assumed to be service-
connected (in line with current assumptions for other Police plans across the state). It should be noted
that changes to retirement benefits could potentially affect participants’ retirement or termination
behavior. We will monitor and advise of any recommended changes with future experience studies.
Future actuarial measurements may differ significantly from the current measurements presented in this
report for a variety of reasons including: changes in applicable laws, changes in plan provisions, changes
in assumptions, or plan experience differing from expectations. Due to the limited scope of the analysis,
we did not perform an analysis of the potential range of such future measurements.
Please note that contents of this analysis and the October 1, 2024 actuarial valuation report are considered
an integral part of the actuarial opinions. In reviewing the results presented in this study, it should be
noted that there are risks that may not be inherently apparent to the reader that should be carefully
considered. For key risks, please see the Discussion of Risk section of the October 1, 2024 actuarial
valuation report.
In performing the analysis, we used third-party software to model (calculate) the underlying liabilities and
costs. These results are reviewed in the aggregate and for individual sample lives. The output from the
software is either used directly or input into internally developed models to generate the costs. All
internally developed models are reviewed as part of the process. As a result of this review, we believe that
the models have produced reasonable results. We do not believe there are any material inconsistencies
among assumptions or unreasonable output produced due to the aggregation of assumptions.
The changes presented herein are in compliance with Part VII, Chapter 112, Florida Statutes and Section
14, Article X of the State Constitution. The undersigned is familiar with the immediate and long-term
aspects of pension valuations and meets the Qualification Standards of the American Academy of
Actuaries necessary to render the opinions contained herein.
___________________________________
Sara E. Carlson, ASA, EA, MAAA
Enrolled Actuary #23-8546
STATEMENT OF PLAN ADMINISTRATOR
The prepared information presented herein reflects the estimated impact of the proposed Ordinance.
___________________________________
Chairman, Board of Trustees
38
COMPARATIVE SUMMARY OF PRINCIPAL VALUATION RESULTS
New Benefits Old Benefits
10/1/2024 10/1/2024
A. Participant Data
Actives 38 38
Service Retirees 23 23
DROP Retirees 6 6
Beneficiaries 0 0
Disability Retirees 0 0
Terminated Vested 11 11
Total 78 78
Total Annual Payroll $3,647,604 $3,647,604
Projected Annual Payroll 3,473,372 3,473,372
Annual Rate of Payments to:
Service Retirees 1,122,632 1,122,632
DROP Retirees 337,044 337,044
Beneficiaries 0 0
Disability Retirees 0 0
Terminated Vested 186,719 186,719
B. Assets
Actuarial Value (AVA) ¹34,546,771 34,374,498
Market Value (MVA) ¹36,759,423 36,587,150
C. Liabilities
Present Value of Benefits
Actives
Retirement Benefits 17,216,065 16,989,276
Disability Benefits 362,211 272,150
Death Benefits 58,225 57,877
Vested Benefits 1,158,975 1,143,218
Refund of Contributions 233,647 233,647
Service Retirees 14,078,674 14,078,674
DROP Retirees ¹6,380,802 6,380,802
Beneficiaries 0 0
Disability Retirees 0 0
Terminated Vested 1,081,582 1,081,582
Total 40,570,181 40,237,226
POLICE OFFICERS
39
New Benefits Old Benefits
C. Liabilities - (Continued)10/1/2024 10/1/2024
Present Value of Future Salaries 24,603,187 24,603,187
Present Value of Future
Member Contributions 1,845,239 1,845,239
Normal Cost (Retirement)447,314 441,730
Normal Cost (Disability)25,708 13,230
Normal Cost (Death)2,822 2,808
Normal Cost (Vesting)53,287 52,594
Normal Cost (Refunds)43,853 43,853
Total Normal Cost 572,984 554,215
Present Value of Future
Normal Costs 3,991,292 3,881,916
Accrued Liability (Retirement)13,995,259 13,801,062
Accrued Liability (Disability)203,779 184,993
Accrued Liability (Death)41,549 41,288
Accrued Liability (Vesting)734,213 723,878
Accrued Liability (Refunds)63,031 63,031
Accrued Liability (Inactives) ¹21,541,058 21,541,058
Total Actuarial Accrued Liability (EAN AL)36,578,889 36,355,310
Unfunded Actuarial Accrued
Liability (UAAL)2,032,118 1,980,812
Funded Ratio (AVA / EAN AL)94.4%94.6%
POLICE OFFICERS
40
D. Actuarial Present Value of New Benefits Old Benefits
Accrued Benefits 10/1/2024 10/1/2024
Vested Accrued Benefits
Inactives ¹21,541,058 21,541,058
Actives 5,841,476 5,617,775
Member Contributions 2,594,570 2,594,570
Total 29,977,104 29,753,403
Non-vested Accrued Benefits 1,927,050 1,912,582
Total Present Value
Accrued Benefits (PVAB)31,904,154 31,665,985
Funded Ratio (MVA / PVAB)115.2%115.5%
Increase (Decrease) in Present Value of
Accrued Benefits Attributable to:
Plan Amendments 238,169 0
Benefit Changes 0 0
Plan Experience 0 2,228,257
Benefits Paid 0 (2,622,718)
Interest 0 2,111,986
Other 0 0
Total 238,169 1,717,525
POLICE OFFICERS
41
New Benefits Old Benefits
Valuation Date 10/1/2024 10/1/2024
Applicable to Fiscal Year Ending 9/30/2026 9/30/2026
E. Pension Cost
Normal Cost ² $617,877 $597,638
% of Projected Annual Payroll ² ³17.1 16.5
Administrative Expenses ² 103,432 103,432
% of Projected Annual Payroll ² ³2.9 2.9
Payment Required to Amortize
Unfunded Actuarial Accrued
Liability over 25 years
(as of 10/1/2024) ² 152,988 148,758
% of Projected Annual Payroll ² ³4.2 4.1
Interest from 10/1/2024 to 10/1/2025 N/A, included above N/A, included above
Minimum Required Contribution 874,297 849,828
% of Projected Annual Payroll ² ³24.2 23.5
Expected Member Contributions ² 270,923 270,923
% of Projected Annual Payroll ² ³7.5 7.5
Expected City and State Contribution 603,374 578,905
% of Projected Annual Payroll ² ³16.7 16.0
F. Past Contributions
Plan Years Ending:9/30/2024
City and State Requirement 337,013
Actual Contributions Made:
City 257,785
State 79,228
Total 337,013
G. Net Actuarial (Gain)/Loss 1,038,762
¹ The asset values and liabilities include accumulated DROP Plan Balances as of
9/30/2024.
²Contributions developed as of 10/1/2024 displayed above have been adjusted to
account for assumed salary increase and interest components.
³Contributions developed as of 10/1/2024 displayed above are expressed as a percentage
of Projected Annual Payroll.
POLICE OFFICERS
42
COMPARATIVE SUMMARY OF PRINCIPAL VALUATION RESULTS
New Benefits Old Benefits
10/1/2024 10/1/2024
A. Participant Data
Actives 97 97
Service Retirees 57 57
DROP Retirees 7 7
Beneficiaries 3 3
Disability Retirees 0 0
Terminated Vested 37 37
Total 201 201
Total Annual Payroll 8,685,237 8,685,237
Projected Annual Payroll 8,403,482 8,403,482
Annual Rate of Payments to:
Service Retirees 2,095,675 2,095,675
DROP Retirees 388,090 388,090
Beneficiaries 70,443 70,443
Disability Retirees 0 0
Terminated Vested 288,586 288,586
B. Assets
Actuarial Value (AVA) ¹59,710,625 59,538,352
Market Value (MVA) ¹63,634,766 63,462,493
C. Liabilities
Present Value of Benefits
Actives
Retirement Benefits 30,330,692 30,103,903
Disability Benefits 1,054,801 964,740
Death Benefits 197,352 197,004
Vested Benefits 2,399,614 2,383,857
Refund of Contributions 322,102 322,102
Service Retirees 25,256,715 25,256,715
DROP Retirees ¹7,227,465 7,227,465
Beneficiaries 696,670 696,670
Disability Retirees 0 0
Terminated Vested 1,920,521 1,920,521
Total 69,405,932 69,072,977
ALL PARTICIPANTS
43
New Benefits Old Benefits
C. Liabilities - (Continued)10/1/2024 10/1/2024
Present Value of Future Salaries 64,053,070 64,053,070
Present Value of Future
Member Contributions 3,794,554 3,794,554
Normal Cost (Retirement)866,862 861,278
Normal Cost (Disability)54,054 41,576
Normal Cost (Death)8,565 8,551
Normal Cost (Vesting)128,718 128,025
Normal Cost (Refunds)60,728 60,728
Total Normal Cost 1,118,927 1,100,158
Present Value of Future
Normal Costs 8,110,609 8,001,233
Accrued Liability (Retirement)23,871,076 23,676,879
Accrued Liability (Disability)671,441 652,655
Accrued Liability (Death)138,046 137,785
Accrued Liability (Vesting)1,429,731 1,419,396
Accrued Liability (Refunds)83,658 83,658
Accrued Liability (Inactives) ¹35,101,371 35,101,371
Total Actuarial Accrued Liability (EAN AL)61,295,323 61,071,744
Unfunded Actuarial Accrued
Liability (UAAL)1,584,698 1,533,392
Funded Ratio (AVA / EAN AL)97.4%97.5%
ALL PARTICIPANTS
44
D. Actuarial Present Value of New Benefits Old Benefits
Accrued Benefits 10/1/2024 10/1/2024
Vested Accrued Benefits
Inactives ¹35,101,371 35,101,371
Actives 9,604,737 9,381,036
Member Contributions 4,510,131 4,510,131
Total 49,216,239 48,992,538
Non-vested Accrued Benefits 2,839,964 2,825,496
Total Present Value
Accrued Benefits (PVAB)52,056,203 51,818,034
Funded Ratio (MVA / PVAB)122.2%122.5%
Increase (Decrease) in Present Value of
Accrued Benefits Attributable to:
Plan Amendments 238,169 0
Benefit Changes 0 0
Plan Experience 0 2,734,177
Benefits Paid 0 (3,817,012)
Interest 0 3,502,386
Other 0 0
Total 238,169 2,419,551
ALL PARTICIPANTS
45
New Benefits Old Benefits
Valuation Date 10/1/2024 10/1/2024
Applicable to Fiscal Year Ending 9/30/2026 9/30/2026
E. Pension Cost
Normal Cost ² $1,204,401 $1,184,162
Administrative Expenses ² 177,088 $177,088
Payment Required to Amortize
Unfunded Actuarial Accrued
Liability over 25 years
(as of 10/1/2024) ² 24,563 $20,333
Interest from 10/1/2024 to 10/1/2025 N/A, included above N/A, included above
Preliminary Minimum Required Contribution 1,406,052 $1,381,583
16.1 15.9
Minimum Required Contribution ⁴1,854,252 $1,829,783
% of Projected Annual Payroll ² ³21.3 21.0
Expected Member Contributions ² 526,649 $526,649
% of Projected Annual Payroll ² ³6.0 6.0
Expected City and State Contribution 1,327,603 1,303,134
% of Projected Annual Payroll ² ³15.2 15.0
F. Past Contributions
Plan Years Ending:9/30/2024
City and State Requirement 702,810
Actual Contributions Made:
City 623,582
State 79,228
Total 702,810
¹ The asset values and liabilities include accumulated DROP Plan Balances as of
9/30/2024.
²Contributions developed as of 10/1/2024 displayed above have been adjusted to
account for assumed salary increase and interest components.
³Contributions developed as of 10/1/2024 displayed above are expressed as a percentage
of Projected Annual Payroll.
⁴Reflects normal cost minimum funding requirements of Chapter 112, Florida Statutes.
ALL PARTICIPANTS
46
ACTUARIAL ASSUMPTIONS AND METHODS
Mortality Rate General Employees (including AMSC):
Female: PubG.H-2010 (Below Median) for Employees.
Male: PubG.H-2010 (Below Median) for Employees,
set back one year.
Healthy Retiree Lives:
Female: PubG.H-2010 (Below Median) for Healthy
Retirees.
Male: PubG.H-2010 (Below Median) Healthy Retirees,
set back one year.
Beneficiary Lives:
Female: PubG.H-2010 (Below Median) for Healthy
Retirees.
Male: PubG.H-2010 (Below Median) for Healthy
Retirees, set back one year.
Disabled Lives:
PubG.H-2010 for Disabled Retirees, set forward three
years.
Police Officers:
Healthy Active Lives:
Female: PubS.H-2010 for Employees, set forward one
year.
Male: PubS.H-2010 (Below Median) for Employees,
set forward one year.
Healthy Retiree Lives:
Female: PubS.H-2010 for Healthy Retirees, set forward
one year.
Male: PubS.H-2010 (Below Median) for Healthy
Retirees, set forward one year.
Beneficiary Lives:
Female: PubS.H-2010 for Healthy Retirees, set forward
one year.
Male: PubS.H-2010 (Below Median) for Healthy
Retirees, set forward one year.
47
Disabled Lives:
80% PubG.H-2010 for Disabled Retirees / 20% PubS.H-
2010 for Disabled Retirees.
All rates for healthy lives are projected generationally
with Mortality Improvement Scale MP-2018. We feel
this assumption sufficiently accommodates future
mortality improvements.
The previously described mortality assumption rates
were mandated by Chapter 2015-157, Laws of Florida.
This law mandates the use of the assumptions used in
either of the two most recent valuations of the Florida
Retirement System (FRS). The above rates are those
outlined in Milliman’s July 1, 2023 FRS valuation report
for special risk employees.
Interest Rate 7.375% per year compounded annually, net of
investment related expenses.
Salary Increases
Assumed salary increases were developed based on a
wage inflation assumption of 3.25% per year.
Payroll Growth For Police Officers, 0.90% for purposes of amortizing
the Unfunded Actuarial Accrued Liability. This
assumption cannot exceed the ten-year average payroll
growth, in compliance with Part VII of Chapter 112,
Florida Statutes. Level dollar amortization used for all
other groups.
Administrative Expenses $166,345 annually, based on the actual expenses
incurred in the prior fiscal year.
General AMSC Police
Service Rate Rate Rate
< 35 6.00% 7.50% 4.75%
35 - 39 5.00% 6.00% 4.75%
40 - 44 4.50% 6.00% 4.75%
45 - 49 4.25% 5.25% 4.50%
50 - 54 4.00% 5.25% 4.50%
55+ 3.50% 5.25% 4.50%
48
Cost-of-Living Adjustments (COLAs) Future COLAs are assumed to be 3.0% per annum.
Marriage Assumption 100% of participants are assumed to be married for
purposes of death-in-service benefits. Husbands are
assumed to be three years older than wives.
Normal Retirement
¹ Rates are at least 25% for Tier 2 Members for each
year upon meeting 33 years of service until 100% at age
70.
² Rates are at least 30% for AMSC Members for each
year upon meeting 33 years of service until 100% at age
70.
Tier 1 General Employees who retire prior to age 60 but
after attainment of 10 years of Credited Service (55 &
10) are assumed to receive an actuarially reduced benefit
payable immediately upon retirement.
Early Retirement 5% per year for Police Officers.
< 25 Years of Service
General ¹ AMSC ² Police
Age Rate Rate Rate
55 - 59 10.0% 20.0% 25.0%
60 - 61 10.0% 20.0% 30.0%
62 - 64 25.0% 30.0% 30.0%
65 25.0% 30.0% 75.0%
66 25.0% 30.0% 100.0%
67 - 69 75.0% 50.0% 100.0%
70+ 100.0% 100.0% 100.0%
25+ Years of Service
Police
Age Rate
25 - 29 90.0%
30+ 100.0%
49
Termination Rates
Disability Rates 1985 Disability Study, Class 1 with separate rates for
females. Sample rates below.
Male Female
Age Rate Rate
20 0.03% 0.03%
30 0.05% 0.08%
40 0.12% 0.21%
50 0.36% 0.53%
60 1.26% 1.16%
Amortization Method New UAAL amortization bases are amortized over 25
years.
The amortization payment is subject to a minimum
based on a 30-year amortization of the UAAL, if the
UAAL is positive, in order to comply with Actuarial
Standard of Practice No. 4.
Bases established prior to the valuation date are adjusted
proportionally to match the Expected Unfunded
Actuarial Accrued Liability as of the valuation date, in
order to align prior year bases with the portion of the
current year UAAL associated with prior year sources.
Funding Method Entry Age Normal Actuarial Cost Method. The
following loads are applied for determining the
minimum required contribution:
Interest - A half year, based on current 7.375%
assumption.
Salary - For Tier 1 General Employees, none. For all
other employees, a full year, based on current 4.00%
assumption.
General AMSC
Service Rate Rate
0 - 1 25.0% 8.5%
2 - 8 7.5% 8.5%
9+ 4.5% 2.5%
Police
Service Rate
0 - 4 14.5%
5 - 8 7.5%
9+ 4.0%
50
Actuarial Asset Method All assets are valued at market value with an adjustment
to uniformly spread actuarial investment gains and
losses (as measured by actual market value investment
return against expected market value investment return)
over a five-year period.
Low-Default-Risk Obligation Measure Based on the Entry Age Normal Actuarial Cost Method
and an interest rate of 4.06% per year compounded
annually, net of investment related expenses. This rate
is consistent with the Yield to Maturity of the S&P
Municipal Bond 20-Year High Grade Rate Index as of
September 30, 2024. All other assumptions for the Low-
Default-Risk Obligation Measure are consistent with the
assumptions shown in this section unless otherwise
noted.
It is important to note that the investment return, salary increases, withdrawal and retirement rates are
based on the actuarial experience study for the period October 1, 2013 through September 30, 2022,
performed by the prior actuary Gabriel, Roeder, Smith & Company.
51
SUMMARY OF CURRENT PLAN
(Through Ordinance 05-24-2490)
Eligibility Tier 1 General Employees – Regular full-time general
employees hired prior to October 1, 2011. Tier 1 General
Employees become Members on or after their 20th birthday
with 6 months of service. Tier 1 members exclude elected
officials. The City Manager, the City Clerk, and
department heads hired prior to October 1, 2011 had a one-
time option to opt out of Tier 1 Membership.
Tier 2 General Employees – Regular full-time general
employees hired on or after October 1, 2016 electing to
join the South Miami Pension Plan, regular full-time
general employees hired prior to October 1, 2016 not
previously members of the Plan electing to join the South
Miami Pension Plan and regular full-time general
employees who previously participated in the City of
South Miami Defined Contribution Plan and subsequently
opted-out during the annual open enrollment period and
joined the South Miami Pension Plan.
Administration Management Service Class (AMSC) –
Include the City Manager, City Attorney, City Clerk,
Assistant City Manager, Finance and Administration
Director, Police Chief, Planning Director, Building
Director, Public Works Director, Chief Administrative
Officer, Chief Procurement Officer, Director of Parks,
Recreation and Culture , Development Services Director,
Community Redevelopment Agency Director, Personnel
Manager, Project Manager, Special Assistant to the
Manager, Superintendent of Maintenance, and the
Assistant Director of Parks and Recreation.
Police Officers – Regular full-time employees hired and
classified as a Police Officer, Sergeant, Lieutenant or
Captain as a sworn law enforcement officer.
Credited Service Completed months of continuous employment with the
City of South Miami while a member of the Plan.
Continuous employment prior to becoming a member of
the South Miami Pension Plan counts as Credited Service
for Tier 2 Members and AMSC Members for all purposes
except benefit accrual.
52
Earnings General Employees (including AMSC) – Earnings prior to
October 1, 2011 include regular wages and salaries,
hazardous pay, overtime pay, vacation, sick leave, holiday
pay, clothing allowance, educational incentive, and extra
duty pay, but excludes accruals such as vacation, holiday
pay, sick leave and compensatory time. Earnings after
October 1, 2011 include only basic compensation but
excludes commissions, overtime pay, bonuses and any
other forms of additional compensation other than base
wages.
Police Officers – Earnings prior to October 1, 2011
(October 1, 2016 for Lieutenants and Captains) include
regular wages and salaries, hazardous pay, overtime pay,
vacation, sick leave, holiday pay, clothing allowance,
educational incentive, and extra duty pay, but excludes
accruals such as vacation, holiday pay, sick leave and
compensatory time. Earnings after October 1, 2011
(October 1, 2016 for Lieutenants and Captains) include
regular wages and salaries, hazardous pay, up to 300 hours
overtime pay in a fiscal year, vacation, sick leave, holiday
pay, clothing allowance and educational incentive but
excludes extra duty or outside duty detail, accrued unused
sick and annual leave, shift differential pay, assignment
pay, and bonuses.
Final Average Compensation (FAC) Tier 1 General Employees – FAC as of October 1, 2011
consists of the average of the last 3 years of earnings. FAC
after October 1, 2011 consists of the greater of the October
1, 2011 FAC or the average of the last 5 years of basic
compensation.
Tier 2 General Employees – Average earnings for the
highest 8 years of Credited Service.
AMSC – Average earnings for the highest 5 years of
Credited Service.
53
Police Officers – FAC as of October 1, 2011 (October 1,
2016 for Lieutenants and Captains) consists of the greater
of the highest 5 years of earnings in the last 10 years of
service or the average of the last 3 years of earnings. FAC
after October 1, 2011 (October 1, 2016 for Lieutenants and
Captains) consists of the greater of the October 1, 2011
(October 1, 2016 for Lieutenants and Captains) FAC or the
average earnings for the highest 5 years.
Normal Retirement
Eligibility Tier 1 General Employees – Age 55 with 10 years of
Credited Service for benefits accrued as of September 30,
2011. Age 60 with 10 years of Credited Service for
benefits accrued after September 30, 2011, including
increases in the accrued benefit as of September 30, 2011
due to increases in the Final Average Compensation.
Tier 2 General Employees – Earlier of 1) Age 65 with 10
years of Credited Service, or 2) 33 years of Credited
Service, regardless of age.
AMSC – Earlier of 1) Age 60 with 5 years of Credited
Service, 2) age 55 with 20 years of Credited Service, or 3)
33 years of Credited Service, regardless of age.
Police Officers – Earlier of 1) Age 55 with 10 years of
Credited Service, or 2) 25 years of Credited Service,
regardless of age.
Benefit Product of 1) Final Average Compensation, 2) Credited
Service, and 3) benefit percentage. The benefit
percentages are as follows:
Tier 1 General Employees:
Credited Service Percentage
Prior to 10/1/1999: 2.50%
10/1/1999 – 9/30/2011: 2.75%
On and after 10/1/2011: 2.25%
54
Tier 2 General Employees:
Credited Service Percentage
On and after 10/1/2016: 1.60%
AMSC:
Credited Service Percentage
On and after 10/1/2016: 3.00%
Police Officers:
Credited Service Percentage
Prior to 10/1/1995: 2.00%
10/1/1995 – 9/30/1996 2.25%
10/1/1996 – 9/30/1997 2.50%
10/1/1997 – 9/30/2001 2.75%
10/1/2001 – 9/30/2002 2.80%
10/1/2002 – 9/30/2003 2.90%
On and after 10/1/2003 3.00%
Form of Benefit Life annuity with a guarantee of a refund of accumulated
Member Contributions.
Early Retirement (Police Officers)
Eligibility Age 50 with 10 years of Credited Service
Benefit Accrued benefit, reduced 3.0% per year from the Normal
Disability Retirement
Eligibility Totally and permanently disabled for a six-month period
while actively employed.
Benefit Accrued benefit as of the date of disability, actuarially
reduced as for Early retirement for early commencement.
55
Pre-Retirement Death Benefit
Vested Beneficiary will receive benefit payable as if the deceased
Member had terminated employment on the day before
death and survived to the earliest retirement date and
elected the 50% Joint and Contingent form of payment,
reduced for early retirement, and died the next day. The
beneficiary may elect to defer payment until the deceased
Member’s Normal Retirement Date.
Non-Vested Refund of Member’s Accumulated Contributions
Terminated Benefit
Vesting Schedule For AMSC Members, 100% after 5 years of Credited
Service. For all other members, 100% after 10 years of
Credited Service.
Benefit Amount Member will receive the vested portion of the accrued
benefit payable at the Normal Retirement Date. A
terminated Member may elect to receive a refund of
Accumulated Contributions without interest in lieu of
receiving any other Plan benefits.
Member Contributions Tier 1 General Employees – 7.0% of annual compensation.
Should the actuarially determined City contribution exceed
7.0%, not including expenses, both the City and Tier 1
General Employees will share equally in the amount more
than 7.0%. Tier 1 General Employees’ Contributions are
capped at 10%.
Tier 2 General Employees – 3.0% of annual compensation.
AMSC – 7.0% of annual compensation.
Police Officers – 7.5% of annual compensation. Should the
actuarially determined City contribution exceed 7.5%, not
including expenses, both the City and the Police Officers
will share equally in the amount more than 7.5%. Police
Officers’ Contributions are capped at 12.0%.
Cost-of-Living Adjustments (COLAs) Based on the consumer price index, with the cumulative
increase limited to 3% per year. No COLA is provided for
Tier 2 General Employees and AMSC employees who
retired or entered the DROP prior to October 1, 2019. No
COLA is provided on the portion of the benefit accrued
after September 30, 2011 for Tier 1 General Employees
who retired or entered the DROP prior to October 1, 2019.
56
Deferred Retirement Option Plan (DROP)
Eligibility Satisfaction of Normal Retirement requirements.
Participation Not to exceed 60 months.
Rate of Return Credited monthly with interest in an amount equal to 50%
of the net yearly interest earned by the Plan for the
preceding fiscal year, up to a maximum of 5% and a
minimum of 0%. Effective June 21, 2022, the maximum
interest credit is 6%.
Form of Distribution Cash lump sum, periodic payments, an annuity or a
combination thereof, only payable following separation of
employment.
57
FRIDAY JULY 18 2025 MIAMI HERALD.............................................................................................5A
CITY OF SOUTH MIAMI,FLORIDA
CITY COMMISSION MEETING
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing on Tuesday,July 29,2025,at 7:00
p.m.at South Miami City Hall Commission Chambers,6130 Sunset Drive,South Miami,FL 33143,to
consider the following public hearing item(s):
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO INCREASE THE BANDWIDTH TO 200MG FOR
THE CITY’S INTERNET SERVICE FROM NEW HORIZONS COMMUNICATION CORP.THROUGH AND EX-
ISTING MULTI-YEAR AGREEMENT,EXCLUDING TAXES AND FEES,FOR THE REMAINING TERM OF
THE SIXTY (60)MONTH AGREEMENT;PROVIDING FOR CORRECTIONS;PROVIDING FOR IMPLEMEN-
TATION,AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI (“CITY”),LOCATED IN MIAMI-DADE COUNTY,FLOR-
IDA,RELATING TO THE CITY’S 2024-2025 FISCAL YEAR BUDGET;AUTHORIZING AN INCREASE OF
$100,000 APPROPRIATION FOR THE ART IN PUBLIC PLACES FUND,ALLOCATING SUCH INCREASE
TO EXPENDITURE LINE ITEM 122-1790-519-3450 CONTRACTUAL SERVICES;PROVIDING FOR COR-
RECTIONS,SEVERABILITY,CONFLICTS AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TO THE SOUTH MIAMI PENSION PLAN BY AMENDING CHAPTER 16 “PENSIONS”,SPE-
CIFICALLY SECTIONS 16-14 “PENSION BENEFITS AND RETIREMENT DATE”,SECTION 16-15.“DIS-
ABILITY BENEFITS”,SECTION 16-16.“DEATH OF A PARTICIPANT”,SECTION 16-21.“PURCHASE
OF CREDITED SERVICE”,AND SECTION 16-32.“CITY OF SOUTH MIAMI POLICE OFFICERS’RETIRE-
MENT TRUST FUND;CREATED”IN ORDER TO EFFECTUATE THE PENSION RELATED PROVISIONS OF
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE FRATERNAL ORDER OF
POLICE;PROVIDING FOR CORRECTIONS;SEVERABILITY;CONFLICTS;IMPLEMENTATION,AND AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING SECTION 20-8.6 “PARKING”OF ARTICLE VIII “TRANSIT SUPPORTIVE DEVELOPMENT
DISTRICT (TSDD)”OF THE LAND DEVELOPMENT CODE TO REVISE REGULATIONS RELATING TO
PARKING WITHIN THE TSDD;PROVIDING FOR CORRECTIONS;SEVERABILITY;CONFLICTS;IMPLE-
MENTATION;AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING THE ZONING MAP OF THE CITY OF SOUTH MIAMI TO CHANGE THE ZONING DISTRICT OF
THE PROPERTY LOCATED AT 6540 MANOR LANE FROM “DUPLEX RESIDENTIAL”(RT-6)TO “TOWN-
HOUSE RESIDENTIAL”(RT-18);PROVIDING FOR CORRECTIONS;SEVERABILITY;CONFLICTS;IMPLE-
MENTATION;AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
ACCEPTING THE EVALUATION AND APPRAISAL REPORT OF THE CITY’S ADOPTED COMPREHENSIVE
PLAN PURSUANT TO SECTION 163.3191,FLORIDA STATUTES;AMENDING THE GOALS,OBJECTIVES,
AND POLICIES OF THE CITY’S COMPREHENSIVE PLAN IN ACCORDANCE WITH THE EVALUATION AND
APPRAISAL REPORT;PROVIDING FOR TRANSMITTAL;CORRECTIONS;SEVERABILITY;CONFLICTS;
IMPLEMENTATION;AND AN EFFECTIVE DATE.
Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of
the public may join the meeting via Zoom at (https://zoom.us/j/3056636338),by phone by calling +1-786-635-1003 and
entering Meeting ID:3056636338 when prompted,or in person in the Commission Chambers,and where their appear-
ance will be broadcast on the Zoom platform,and where they can participate.
All interested parties are invited to attend and will be heard.
For further information,please contact the City Clerk’s Office at:305-663-6340.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision
made by the Commission with respect to this matter,such person must 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.This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does
it authorize challenges or appeals not otherwise allowed by law.
ADA:To request a modification to a policy,practice or procedure or to request an auxiliary aide or service in order to
participate in a City program,activity or event,you must on or before 4:00 p.m.3 business days before the meeting (not
counting the day of the meeting)deliver your request to the City Clerk by telephone:305-663-6340,by mail at 6130
Sunset Drive,South Miami,Florida or email at npayne@southmiamifl.gov.
Nkenga A.Payne,CMC,FCRM
City Clerk
NOTICE TO THE PUBLIC
CITY OF MIAMI,FLORIDA
PLEASE ALL TAKE NOTICE THAT a meeting of the City of Miami Commission
has been scheduled for Thursday,July 24,2025,at the City of Miami City Hall,
3500 Pan American Drive,Miami,Florida 33133.A private attorney-client ses-
sion will be conducted under the parameters of §286.011(8),F.S.The person
chairing the City Commission meeting will announce the commencement of
an attorney-client session,closed to the public,for purposes of discussing the
pending litigation in the matter of Jorge M.Perez Art Museum of Miami-Dade
County,Inc.,D/B/A Perez Art Museum v.City of Miami,Case Number 2024-
012120-CA-01,pending in the Eleventh Judicial Circuit in and for Miami-Dade
County,to which the City is presently a party and has filed a counterclaim
against Jorge M.Perez Art Museum of Miami-Dade County,Inc.,D/B/A Perez
Art Museum.The subject of the meeting will be confined to settlement ne-
gotiations or strategy sessions related to litigation expenditures.This private
meeting will begin at approximately 10:00 a.m.(or as soon thereafter as the
Commissioners’schedules permit)and conclude approximately one hour lat-
er.The session will be attended by the members of the City Commission,which
include Chairwoman Christine King,Vice-Chairman Joe Carollo,Commission-
ers Miguel Angel Gabela,Damian Pardo,and Ralph “Rafael”Rosado;the City
Manager,Arthur Noriega V;the City Attorney George K.Wysong III,Deputy City
Attorney Kevin R.Jones;Deputy City Attorney Xavier E.Alban,Assistant City
Attorney Supervisor Eric J.Eves,Assistant City Attorneys Marguerite Snyder
And Nicholas Basco.A certified court reporter will be present to ensure that
the session is fully transcribed,and the transcript will be made public upon
the conclusion of the above-cited,ongoing litigation.At the conclusion of the
attorney-client session,the regular City Commission meeting will be reopened
and the person chairing the City Commission meeting will announce the termi-
nation of the attorney-client session.
Todd B.Hannon
City Clerk
Ad No.43770
ments,including Panama,
Mexico and Colombia.
The list of Florida nomi-
nees features a mix of top
campaign donors,Mar-a-
Lago regulars and person-
al friends of the president.
They include:
A South Florida health-
care entrepreneurs and
top donors Benjamín León
Jr.,who gave $3 million to
political committees sup-
porting Trump last year,
and Peter Lamelas,who
gave more than $700,000
to pro-Trump committees
last year and another
$2 50,000 to Trump’s
inaugural committee.
León was tapped to be the
ambassador to Spain and
Andorra and Lamelas is
the pick to represent the
country in Argentina.
A Windermere trial
lawyer Dan Newlin,who
gave more than $5 million
to pro-Trump committees
during the 2024 election
cycle and $1 million to the
inaugural fund,is Trump’s
choice to be the ambassa-
dor to Colombia.
A Kimberly Guilfoyle,
Donald Trump Jr.’s ex-
girlfriend and a former
Fox News host,is the pick
to represent the country in
Greece.
A Michael Waltz,
Trump’s former national
security adviser and a
former Florida congress-
man,was nominated to be
the ambassador to the
United Nations.
A Kevin Cabrera —a
former Trump campaign
staffer and Miami-Dade
County commissioner who
successfully pushed for a
street in Hialeah to be
renamed President Don-
ald J.Trump Avenue —
was nominated to be the
ambassador to Panama.
A Trump’s personal
friends and golfing part-
ners John Arrigo,a West
Palm Beach car dealer,
and Michel Issa,a High-
land Beach investor,were
tapped to be ambassadors
to Portugal and Lebanon,
respectively.
While many of the nom-
inees have lived in Florida
for decades,others are
more recent arrivals
drawn to the state because
of Trump,said Yehuda
Kaploun,the Miami-based
founder of the Florida
Orthodox Jewish Associ-
ation and Trump’s pick to
be a special envoy to mon-
itor and combat anti-
semitism.
“A lot of people have
moved to Florida,”he
said.
‘YOU’VE NOT EVEN
DONE YOUR
HOMEWORK’
With the Senate under
Republican control,
Trump has prioritized
moving ambassador nomi-
nees through the confir-
mation process as quickly
as possible.
“They’re going along as
rapidly as the system can
go along.We’re ahead of,
I guess,anyone else thus
far,”Trump said in March
at a gathering at the White
House with several of his
ambassador nominees.
The Senate Foreign
Relations Committee is
tasked with vetting nomi-
nees before they go to the
full Senate for a confirma-
tion vote.
In March,Sen.Brian
Schatz,D-Hawaii,put a
hold on nominees reach-
ing the Senate floor in
protest of the shuttering of
USAID,but it hasn’t
stopped the progress of
nominees and several
have already been con-
firmed through a process
called cloture,which al-
lows these votes to ad-
vance with a majority
vote.
Democrats have voiced
their disapproval of sever-
al Florida nominees,but
there’s little else they can
do to block their nomi-
nations.
On Tuesday,Waltz
faced tough questions
about his participation in a
group chat on the encrypt-
ed messaging platform
Signal while he was na-
tional security adviser.
Details of upcoming mil-
itary strikes were dis-
cussed even though a
journalist from The Atlan-
tic was in the chat.
“We both know Signal is
not a secure way to con-
vey classified informa-
tion,”said Sen.Chris
Coons,D-Delaware.“And
I was hoping to hear from
you that you had some
sense of regret over shar-
ing what was very sensi-
tive,timely information
about a military strike on a
commercially available
app that’s not,as we both
know,the appropriate way
to share such critical in-
formation.”
Waltz denied that any
classified information was
shared by the group and
said the government rec-
ommended that some
government officials use
encrypted messaging tools
such as Signal.
Last week,Sen.Tammy
Duckworth,D-Illinois,
chided Anjani Sinha,the
nominee to be ambassa-
dor to Singapore,for his
lack of knowledge about
the country.
“You’ve not even done
your homework,sir,”
Duckworth said.
She said the position
was “not a glamour post-
ing”because of the coun-
try’s strategic importance
in the U.S.relationship
with China.Duckworth
said she had hoped the
White House would nomi-
nate a career foreign-
service officer to fill the
role rather than Sinha,a
retired orthopedic surgeon
who lives in West Palm
Beach and was described
by South Carolina Repub-
lican Sen.Lindsey Gra-
ham as a “a friend of Pres-
ident Trump for over a
decade.”
Democrats boycotted a
May 8 hearing to protest
what ranking Democrat
Sen.Jeanne Shaheen,of
New Hampshire,charac-
terized as a break from the
committee’s “long-stand-
ing rules and traditions”
calling for bipartisan coor-
dination.
But the boycott wound
up smoothing the path for
a controversial Florida
nominee.
Lee Rizzuto,a former
executive at the beauty-
accessories company Co-
nair,was blocked from
becoming an ambassador
during the first Trump
administration by the
Republican-controlled
Senate Foreign Relations
Committee over concerns
that the Boca Raton busi-
nessman had spread con-
spiracy theories.He was
later appointed to lead the
U.S.consul general in
Bermuda,a post that
didn’t require Senate con-
firmation.
This time around,there
were no Democrats pre-
sent to question Rizzuto
about his nomination to
be the ambassador to the
Organization of American
States.
“That’s good news for
you,because sometimes
FROM PAGE 1A
AMBASSADORS
SEE AMBASSADORS,6A
STEPHEN M.DOWELL Orlando Sentinel/TNS |Feb.26,2021
Kimberly Guilfoyle,Donald Trump Jr.’s ex-girlfriend and an
ex-Fox News host,was picked to be a U.S.envoy in Greece.
Mike
Waltz
Benjamin
León Jr.
John
Arrigo
Leandro
Rizzuto
58
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