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05-20-08 Item 17SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarmono Howard S. Susskind Kenneth R. Harrison, Sr. Noah S. Warman D. Marcus Braswell, Jr. Pedro A. Herrera Ivelisse Berio LeBeau ♦ Board Certified Labor & Employment Lawyer April 29, 2008 City Commission City of South Miami c/o City Manager 6130 Sunset Drive South Miami, Florida 33143 100 Miracle Mile Suite 300 Coral Gables, Florida 33134 (305) 529 -2801 Broward 327 -2878 Toll Free 1- 800 - 329 -2122 Facsimile (305) 447 -8115 Re: South Miami Pension Plan - Summary of Proposed Plan restatement Dear Commission Members: This firm represents the City of South Miami Pension Plan. Our client has directed that we provide an overview of the enclosed proposed Plan restatement to be considered by the City Commission. The Board of Trustees of the Retirement Trust Fund recommends adoption of this proposed Plan restatement as an amendment to the existing code, to bring the plan into compliance with the. Uniformed Services Employment and Reemployment Rights Act (USERRA), Chapter 185 of the Florida Statutes and certain Internal Revenue Code (IRC) requirements to maintain tax qualified status. This current codified pension plan ordinance has been amendment several times, either via the collective bargaining process or commission action. Several of these changes were not included in the codified plan ordinance as it is published in the on -line Muni -Code. The proposed Plan restatement is a re- writing of the existing Plan ordinance in a more readable format. In addition to this format revision a few provisions were eliminated as they had been rendered obsolete by certain amendments to the Plan and revisions were made or added to comply with USERRA, chapter 185 of the Florida Statues and IRC requirements. The board believes that enactment of the proposed Plan restatement would beneficial to the city as it will provide a single updated document that states the most recent revisions and compliance with state and federal requirements. City Commission City of South Miami April 29, 2008 Page 2 The Pension Plan actuary has provided a statement of impact for your consideration prior to final reading and enactment of this Plan restatement. We remain available to respond to any questions you may have on this matter. Yours truly, k. KENNETH R. HARRISON, SR. /krh cc: Board of Trustees Larry Wilson, Actuary, Gabriel, Roeder, Smith & Co. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MUM PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide a restatement of it Pension Plan to consolidate amendments and revisions adopted of the years since the Plan was originally 18 adopted; and 19 20 21 22 23 WHEREAS, certain provisions of state and federal laws are required to maintain tax qualified status; and WHEREAS, the City recognizes that such pension plan restatement is a desirable action to clarify the various provisions of the Plan; and WHEREAS, the City Commission has received and reviewed an actuarial impact 24 statement related to such restatement. 25 26 27 28 29 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. Part I, Provisions governing the South Miami Pension Plan, Chapter 16, Article II, of the South Miami Code of Ordinances is hereby amended and restated to read as follows: Part I. Provisions governing the South Miami Pension Plan. Chapter 16 - Pensions Page 1 of 26 I ARTICLE II - CITY PENSION PLAN 2 3 Sec. 16 -11. Plan established. 4 5 A pension plan is hereby established and placed under the management of a pension 6 Board of Trustees for the purpose of providing retirement allowances for employees of the 7 City of South Miami, Florida, and shall be known as "South Miami. Pension Plan." The effective 8 date of the plan shall be October 1, 1965. If any provision of this article or the application 9 thereof to any person or circumstance is held invalid such invalidity shall not affect other 10 provisions or applications of the article which can be given effect without the invalid provisions 11 or application, and to this end the provisions of this article are declared to be severable. 12 (Ord. No. 528, 12 -7 -65) 13 14 See. 16-12. Definitions. 15 16 Base index shall mean the current index determined on the valuation date coincident with, or 17 otherwise, immediately preceding a Participant's normal retirement date. 18 19 The base index applicable to aParticipant who elects a late retirement date shall mean be the 20 base index which would apply had the .partcipant's normal retirement date been such last 21 retirement date. 22 23 Basic benefit shall mean that portion of the pension payable to a pParticipant under the plan, 24 which portion, upon the disability or retirement of any Participant, is guaranteed both as to 25 amount and duration. 26 27 Beneficiary shall mean the person last designated by a Participant as entitled to receive any 28 benefits which may be payable under this plan by reason of the death of the Participant. 29 30 Consumer price index shall mean the statistical table based on changes in the price of consumer 31 goods and services published periodically by the Bureau of Labor Statistics of the United States, 32 which table relates to the United States as a whole. 33 34 Credited service shall mean anleyee's Participant's continuous employment with the 35 Employer. Leaves of absence authorized by the Employer with periods of absence in connection 36 with military service during which the Participant's employment rights were protected by law 37 shall not be considered to have broken the continuity of his employment; provided, that the 38 employee has become re- employed by the Employer within time period provided in The 39 Uniform Service Employment and Reemployment Rights Act (USERRA) and for police officers 40 Chapter 185 of the Florida Statutes after honorable discharge from the military service. Further, 41 that the employee has paid an amount equal to the contributions that would have been made 42 during such leave of absence based on the Participant's salary immediately prior to entry into 43 military service, provided that police officer Participants shall not be required to make such 44 payment of contributions per Chapter 185, FS. No employee shall be eligible to become a 45 Participant during such absence. 46 Page 2 of 26 I Current index shall mean the average of the six (6) latest available monthly Consumer Price 2 Indexes published immediately preceding the applicable valuation date. 3 4 Employee shall mean any person employed full -time by the Employer on a regular, permanent 5 basis.; Elected officials, ojid fifemar, and any person whose customary employment is for 6 twenty (20) hours or less in any one week, or for five (5) months or less in any calendar year 7 shall be excluded. The city manager, and city clerk shall be included within the definition of 8 employee, however such positions shall be allowed to opt out of this pension plan. 9 10 Employer shall mean City of South Miami. 11 12 Final average compensation shall mean the Participant's annual compensation, as detennined by 13 the Employer, acting in a uniform and nondiscriminatory manner, averaged over the last three - 14 year period ending on the Participant's retirement date, date of disability, date of termination of 15 employment or the date of tennination of the plan, whichever is applicable. For police officers, 16 final average compensation shall mean the greater of: 17 18 (1) The average of the Participant's five best years of annual compensation during the 19 last ten (10) years of service or 20 21 (2) The average of the Participant's annual compensation over the Participant's last 22 three (3) years, as described above. 23 24 Group annuity policy shall mean a policy issued by an insurance company to the Employer 25 providing retirement benefits as established in this pension plan. 26 27 28 Investment shall mean purchase in any fund, stock, insurance policy or any other instrument or 29 method as provided bylaw. 30 31 Akniber of the - Board of Trustees shall mean those individuals appointed to the 32 pension board in accordance with the provisions of this pension plan. 33 34 Participant shall mean any employee who has met the eligibility requirements provided herein 35 and who has performed all acts required for eligibility. Unless otherwise limited by the context, 36 including a former employee who has retired and who is receiving benefits under this plan, and a 37 former employee whose employment has otherwise terminated and who remains eligible for 38 benefits under this plan. 39 40 Participation date shall mean October 1 of each year this plan is in effect, including October 1, 41 1965. 42 43 Plan shall mean South Miami Pension Plan effective October 1, 1965, as the same may be 44 amended from time to time. 45 Page 3. of 26 I Plan year shall mean the twelve (12) month period commencing on any participation date and 2 ending on the following September 30. 3 4 Prior index shall mean the last current index which was used to adjust benefits on the last 5 valuation date immediately preceding the current Valuation Date. 6 7 Retireinent date shall mean the date on which payment of a Participant's pension benefit 8 commences, whether such date is his normal or, if applicable, early or late retirement date. 9 10 Supplemental benefit shall mean a variable benefit reflecting changes in the cost of living 11 determined from the Consumer Price Index, which may become payable on October 1, 1970, and 12 every October first thereafter for the ensuing twelve -month period to persons retiring or 13 becoming disabled on or after October 1, 1970. 14 15 Valuation date shall mean the September first on which the current index shall be compared 16 with the Base Index of each payee receiving a basic benefit to determine whether a supplemental 17 benefit may be. payable. 18 19 (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 1, 10 -6 -70; Ord. No. 1418, § 3, 2- 21 -89; Ord. No. 1593, 20 § 1, 10 -5 -95; Ord. No. 1595, § 1, 11 -7 -95; Ord. No. 1761, § 1, 10- 16 -01) 21 22 Sec. 16-13. Eligibility. 23 24 (a) Each employee employed by the Employer on October 1, 1965, shall be a Participant on 25 the first participation date on which he has completed two (2) years of Credited service and has 26 attained his twenty -fifth birthday. 27 28 (b) Each Employee who becomes an employee subsequent to October 1, 1973, shall be a 29 Participant on the first participation date on which he /she has completed six (6) months of 30 Credited service and has obtained his/her twentieth birthday. For all current Employees as of 31 October 1, 1995, each fiscal year there will be a window for joining the retirement system; i.e. 32 October 1 through October 31. 33 34 (c) It shall become mandatory for all Employees hired on or after October 1, 1995, to join the 35 pension plan after completion of the pleb tier ,... pefie six months of employment by the City. 36 37 (d) Each eEmpooyee classified as police officer shall become eligible to participate in thise 38 plan upon the date of employment provided the police officer began participation in this plan 39 when first eligible as provided in subsections (a) and (b) of this section. 40 41 may lJl\.VL LV 1/Ul L1L+11.JULV 111 this plan 43 44 (1) Eleetien to „µ~+i^ ate must b mµa^ within +i.iA y X30) days o f fe + � +• F � -� Y •� val�i L v u.� Liliil LiulL� `J Vl UU,'J V1 LL�VI�lt/L VL 12p C1C�G -pt 45 eligibility te pa#ieipate. 46 Page 4 of 26 1 (2) Stieh Employ ee ..ad feeeived a- eash payRietA under- Option 1 of subseefien I-& 2 'A 3 4 .., Stieh Employee pays to the peiisien plan an ameufA equal to the amount ef 5 , 6 eefnpeunded annually at the rate of thi--ee (3) per-eeiit per- aiifitffn ftem the date on IIA4ieh 8 9 , 1977. In 10 , 11 . 12 13 14 15 (Ord. No. 528, 12 -7 -65; Ord. No. 908, § 1, 9- 21 -76; Ord. No. 954, § 1, 8 -2 -77; Ord. No. 1418, § 16 1, 2- 21 -89; Ord. No. 1544, § 1, 9721 -93; Ord. No. 1595, § 2, 11 -7 -95; Ord. No. 1828, § 1, 3 -15- 17 05; Ord. No. 1836, § 1, 4- 19 -05) 18 19 Sec. 16 -14. Pension benefits and retirement date. 20 21 (a) Retirement date. The normal retirement date with full unreduced pension benefits for a 22 Participant, shall be as follows: 23 24 (1) General employees. exelttding those Partdeipants whe afe elassified as peliee 25 shall be the first day of the calendar month coincident with or, otherwise, next following the later 26 of the Participant's sixtiethfifty -fifth birthday and the date on which the Participant has 27 completed ten (10) years.of Credited service. 28 29 (2) Police officers. The nofmal fetifemefft date (the earliest date) a pe 30 effleef may fetife with full anfedueed pensien befiefits isshall be the completion of twenty -five '31 (25) years of credited police service, regardless of age, or attainment of age sixty (60) and 32 completion of ten (10) years of credited police service. 33 34 (b) Amount of pension. The _yearly amount of pension payable to a Participant on the first 35 day of the month coincident with or next following the Participant's retirement date shall be an 36 amount equal to the Participant's number of completed years of Credited service multiplied by 37 percentage of Final average ,compensation as stated herein. shall be equal to (a) as to pal4kipant 38 to Oetab�1970, -a basie benefit on his/her- «of:, -o,. ent .a ,40 39 detefmined by multiplying ene end six teftths (1.6) pefeent ef his,%ef final aver-age eempensat 40 , 41 first twe (2) years of sueh sen4ee and any additional s— A-1 I_...,leted by hinAef p6ef 42 , 43 stffz of (,) an (2) 44 45 (1) Basic benefit. 46 Page 5 of 26 (a) A basic benefit commRncmg at the effip eyee' l of t `' deteftnined by multiplying one and tet-Ahs (1.6) per-eent of the employee's final ♦a J 11V1111 U.1 11i 1111i111t.Z1G TCQL�i of her— fetifement, &ieluding the fifst two (2) years of s eh sef-,4ee and any additional for Participant's retiring prior to October 1, 1970 shall be determined by multiplying 1.6 percent of the Participant's final average compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the Participant prior to the Participant's twenty -fifth birthday, (b) However, as to those Participants who became an Employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service plus any additional service completed by prior to the Participant's his/he twentieth birthday and /or additional service completed prior to the Participant becoming eligible to join this pension plan. (2) General employees (a) Effective October 1, 1993, the pension benefit accrual rate (multiplier) for general employee Participants, shall be increased from 1.6 percent to 1.8 percent for services performed in the 1993 -1994 fiscal year;, (b) Effective October 1, 1994, the pension benefit accrual rate (multiplier) for general employee Participants, shall be increased from 1.8 percent to 1.9 percent for services performed in the 1994 -1995 fiscal year. (c) Effective October 1, 1995, the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 1.9 percent to 2.25 percent for services performed in the 1995 -1996 fiscal year. (d) Effective October 1, 1996 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.25 percent to 2.50 percent for services performed in the 1996 -1997 fiscal year. (e) Effective October 1, 1997 the pension benefit accrual rate (multiplier) for general employee Participants shall be increased from 2.50 percent to 2.75 percent for services performed in the 1997 -1998 fiscal year and thereafter. (3) Police officers (a) For sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 percent to 1.8 percent, for services performed in the 1993 -1994 fiscal year. Page 6 of 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) Effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 percent to 1.9 percent, for services performed in the 1994- 1995 fiscal year. _ (c) Effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 percent to 2.25 percent for services performed in the 1995- 1996 fiscal year. (d) Effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 percent to 2.50 percent for services performed in the 1996- 1997 fiscal year. (e) Effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 percent to 2.75 percent, for services performed in the 1997- 2001 fiscal year. (f) Effective October 1 2001 the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.75 percent to 2.80 percent for services performed in the 2001 -2002 fiscal year. (g) Effective October 1 2002, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 percent to 2.90 percent for services performed in the 2002 -2003 fiscal (h) Effective October 1 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 percent to 3.00 percent. The multiplier- f_ be applied the fif of fe • � >, ^1 i it LTill�lll VL t•UL11 VU1 vUl1LL11? unit enTleyee shall be applied as- pr-8ser -ibedd in the 1992 93 a d 199✓ -T6 e- Iff°eti:'e (i) Notwithstanding the above subsection, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two (2) percent for all years of service. (4) Supplemental benefit A supplemental benefit if any payable determined on each valuation date which occurs after the participant's normal retirement date. The supplemental benefit shall be equal to 1) an amount determined at the first applicable valuation date by multiplying the yearly amount of basic benefit by the percentage, if any, which the current index exceeds the base index and (2) an amount determined at each subsequent valuation date where the current index exceeds the prior index, or where the prior index exceeds the current index by reducing such sum by of such sum and the percentage by which the prior index exceeds the current index; provided however, that in no event shall the supplemental benefit payable at any time be rg eater than the excess of (1) the basic benefit increased at three (3) percent compounded annually from the initial valuation date applicable to himthe Participant over (2 ) the basic benefit. In no event shall the supplemental benefit be reduced below zero so as to affect Page 7 of 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 the amount of basic benefit. Supplemental benefits shall commence or be adjusted as of each October 1 and shall continue thereafter for the following eleven (11) months. (c) Early retirement. A police officer Participant may elect an early retirement date which may be the first day of any calendar month coincident with, or subsequent to the Participant's fiftieth birthday and completion of fifteen (15) years of Credited service. The pension benefits payable to any such Participant on early retirement date shall be equal to an actuarial equivalent, determined in accordance with the Table- l=lbelow, to the amount of pension to which is entitled up to early retirement date in accordance with subsection (b). -Years prtef 4e nefffial P feetAage- re-tifement date 4-- 94.894- 2— 84.588 3-- 77.982 4-- 72.176 Table -fl— Police officer Participant- Percentages for Early Retirement Date TABLE INSET: Years prior to normal Percentage retirement date Page 8 of 26 v A police officer Participant may elect an early retirement date which may be the first day of any calendar month coincident with, or subsequent to the Participant's fiftieth birthday and completion of fifteen (15) years of Credited service. The pension benefits payable to any such Participant on early retirement date shall be equal to an actuarial equivalent, determined in accordance with the Table- l=lbelow, to the amount of pension to which is entitled up to early retirement date in accordance with subsection (b). -Years prtef 4e nefffial P feetAage- re-tifement date 4-- 94.894- 2— 84.588 3-- 77.982 4-- 72.176 Table -fl— Police officer Participant- Percentages for Early Retirement Date TABLE INSET: Years prior to normal Percentage retirement date Page 8 of 26 1 97 2 94 3 91 4 88 5 85 1 Age on normal retirement date shall be age nearest birthday. Years prior to normal retirement 2 date shall mean years and completed months from early retirement date to normal retirement 3 date. Allowance for such months shall be made by interpolating in this table. 4 5 Commencing after the paAieipParticipant's normal retirement date the Basic Benefit of 6 any paftieipanParticipant retiring on or after October 1, 1970, will be supplemented by the 7 applicable Supplemental Benefit determined in the same ma user as in subsection 16- 14(b)(2). 8 9 (d) Late retirement. A partieipan Participant, with the written consent of his 10 effipleye Employer, may elect a later retirement date which may be the first day of any calendar 11 month after his— normal retirement date. If the Participant's contributions shall 12 terminate on his —late retirement, benefits shall be based on annual earnings and er-edited 13 seFvieeCredited service to hi-s late retirement date. 14 15 Commencing after the patieipantParticipant's late retirement date the Basic Benefit of any 16 partieiparrtParticipant retiring on or after October 1, 1970, will be supplemented by the 17 applicable Supplemental Benefit determined in the same manner as provided in subsection 16- 18 14(b)(2), based on the Basic Benefit actually being paid; provided, however, that the first 19 applicable Valuation Date will be the first such date following such parti6pan Participant's late 20 retirement date. 21 22 (e) Life income; death benefit. The normal form of pension shall be a life income with the first 23 monthly payment of a partieiparrtParticipant's pension being due on his-- retirement date if hethe 24 Participant is then living, and the last monthly payment being due on the last monthly due date 25 on which the partieipa ttParticipant is living. If the death of the parfieipParticipant occurs after 26 this form of pension has become operative but before the sum of all monthly payments that have 27 become due prior to the participant'shi-s death exceeds the death benefit which would have been 28 payable if the paitieiparttParticipant had died immediately prior to hi-s--retirement date, there shall 29 be payable in one sum to the benefieiaf Beneficiary entitled thereto an amount equal to the 30 excess of such death benefit over the sum of such monthly payment. 31 32 (f) Optional forms of payment . 33 34 (1) A peliee affie°rParticipant entitled to a normal or early service retirement benefit 35 shall have the right at any time prior to the date upon which the first payment is received 36 to elect to have the benefit payable under one of the options provided in this section. The 37 effeeParticipant shall be permitted to revoke any such election and to elect a new option 38 at any time prior to the receipt of the first payment. Election of the retirement option shall 39 be on a form prescribed by the Board of Trustees. Page 9 of 26 a. Life annuity. A peliee effleei Participant may elect to receive an annuity payable for life. This shall be the nonnal form of retirement. There shall be no guaranteed payment in excess of the accumulated contributions of the Participantmenfl-:4er, which contributions shall be paid to the Participant's f's estate or designated '-°„Beneficiary should the Participantm of die prior to receiving payments equal to said contributions. b. Joint and last survivor option. A poliee effleef Participant may elect to receive a reduced benefit for life and to have the same benefit (or a designated fraction of the benefit) continued after the Participant'smembefs death and during the lifetime of a designated joint pensioners. The Participanteffieef shall have the option may electing to receive the payment of a benefit of seventy - five (75) percent, sixty -six and two- thirds (66 2/3) percent, or fifty (50) percent of the Participant'sffies monthly retirement allowance to be paid at the Participant'smembei2s death to a his of he joint pensioner designated by the Participantmember at the time of or prior to retirement, such benefit to be payable during the lifetime of the joint pensioner. The reduced retirement benefit shall be the actuarial equivalent of the amount of the retirement compensation otherwise payable to the Participantmen. A designated joint pensionerser may be any natural person, but need not be the spouse of the Participantfliem;bef. In the event -that the designated joint pensioner&afvivef dies, , the tnaffiage is a" selye4, before the Participant'sniembef!s benefit payments begin, this option shall be canceled automatically, and a retirement income shall be payable to the member in the form of a life annuity as if the election had never been made. c. Other options. The pension board may, approve by ui-,ife establishl any other optional form of substantially equal payments, which are the actuarial equivalent of any other form provided for in this plan, or which optional form of payment is cost neutral to the plan. (Ord. No. 528, 12 -7 -65; Ord. No. 697, §§ 2 -4, 10 -6 -70; Ord. No. 827, § 1, 6 -4 -74; Ord. No. 908, § 2, 9- 21 -76; Ord. No. 1220, § 1, 1- 22 -85; Ord. No. 1418, § 2, 2- 21 -89; Ord. No. 1544, § 2, 9- 21-93; Ord. No. 1593, § 2, 10 -5 -95; Ord. No. 1595, § 3, 11 -7 -95; Ord. No. 1761, § 2, 10- 16 -01; Ord. No. 1828, § 2, 3- 15 -05; Ord. No. 1892, § 1, 11- 28 -06) Sec. 16 -15. Disability benefits. (a) If a pai4ieip Participant becomes totally and permanently disabled for a six -month period while in the active employ of the empleyeEmployer, he shall receive a monthly disability benefit during the continuation of suchhi�-disability commencing as of the first day of the calendar month following six (6) months of disability equal to one - twelfth (1/12) of the yearly amount of pension to which the Participanthe is entitled in accordance with subsection 16- 14(b); reduced in - eee ee- with Table 4. A pelieeffieefParticipant shall be entitled to select Page 10 of 26 I payment of a disability pension using any of the optional forms of retirement provided under 2 subsection 16- 14(f). 3 4 If the paAkipantParticipant remains disabled until his - normal retirement date, hethe Participant 5 shall then receive a basic benefit on the normal annuity form equal to the amount of disability 6 benefit the Participanthe was receiving. In addition to the basic benefit, the payments of any 7 paAieipa Participant who becomes disabled on or after October 1, 1970, will be adjusted after 8 the normal retirement date of the pai4ieipantParticipant by a supplemental benefit determined in 9 the same manner as provided in subsection 16- 14(b)(2), the last payment being due at the time 10 that the last basic benefit payment is due. If the disabled paftieiparrtParticipant ceased to be 11 totally and permanently disabled and returns to the service of the employe Employer, the 12 ; Participanthe shall be entitled to resume coverage under the plan on the first of the month 13 following suchhis re- employment and the Participant's his pension at retirement shall be based 14 on ^redile' ser Credited service before and after suchhi-s period of disability. If the Participant 15 he -does not return to the service of the effTleyerEmployer, thehis. vested pension shall be 16 detenmined in accordance with article VI, including as service for the purpose of determining the 17 applicable vesting percentage only, the period of suchhis disability. 18 19 (b) As used in this section "totally and permanently disabled" means the inability to engage in 20 any substantial gainful activity by reason of a medically determinable physical or mental 21 impairment which can be expected to result in death or to be of long- continued and indefinite 22 duration. 23 24 The disability of any pai4ieipan Participant shall be determined by the pension board, in 25 accordance with uniform principles consistently applied, upon the basis of such evidence as the 26 pension board deems necessary and desirable. The pension board may, at any time prior to the 27 pai4ieipaRlParticipant's normal retirement date, determine that the peftieip Participant is no 28 longer totally and permanently disabled. In determining the nature, extent and duration of any 29 pai4ieipa Participant's disability, the pension board shall select a physician to examine such 30 pai4ieipa and to advise the pension board with respect to such disability. The final 31 determination of the nature, extent and duration of such disability shall be made solely by the 32 pension board. 33 34 Disability shall not include a pennanent incapacity directly incurred and due solely to military 35 service of any paAieip Participant which prevents thehif fei r returning to employment with 36 the empleyerEmployer and for which the Participant-he receives a disability benefit or pension 37 from the United States. 38 39 (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 5, 10 -6 -70; Ord. No. 1761, § 3, 10- 16 -01) 40 41 Sec. 16 -16. Death of a partieip tParticipant. 42 43 (a) Before retirement date. Upon the death of a paffieip Participant prior to his-retirement 44 date there shall be paid to the be Beneficiary last designated by the Participanthiffi an 45 amount equal to the aggregate of the Participant'shis contributions made prior to the date of his 46 death. For General employee Participants, the contributions shall be credited with wed Page 11 of 26 1 interest compounded annually at the rate of three (3) percent per annum from the end of the year 2 of payment to the first of the month in which the death benefit is paid. 3 4 (b) After retirement date. Upon the death of a Participant on or after his- retirement 5 date, there shall be paid to the benefieiaf Beneficiary last . designated by the Participanthiffi in 6 accordance with the following provisions, the benefit, if any, payable under the group amluity 7 policy. 8 9 (c) Beneficiary. Each pai4ieip Participant shall have the right to name a 10 b°„Beneficiary and to change suchhis b°rar-yBeneficiary designation from time to 11 time. Any such exercise of rights shall become effective only in accordance with the provisions 12 of the group annuity policy and the rules and practices of the insurance company, where 13 applicable. Police officers who are Participantsmember-s of the plan shall have the right to name 14 one or more beneficiaries, jointly or sequentially and to change the benefieiar- yBenefciary 15 designation from time to time in accordance with F.S. §§ 185.161 and 185.341. Upon failure of a 16 police officer Participant to designate a benefieiaT-yBeneficiary, any benefit shall be paid to the 17 Participant'sdeeease effie°r's estate. 18 19 (d) Cooperation_ of pension board. Upon the death of any paftieip Participant the pension 20 board shall cooperate with the Participant's his bene eiar-yBeneficiary so that such 21 be Beneficiary may receive such benefits as are provided by this plan or from any group 22 annuity policy. 23 24 (Ord. No. 528, 12 -7 -65; Ord. No. 1088, § 1, 10- 21 -80; Ord. No. 1463, § 1, 11 -6 -90; Ord. No. 25 1761, § 4, 10- 16 -01) 26 27 Sec. 16 -17. Termination of employment. 28 29 (a) If the employment of a paAieip Participant is terminated except by retirement, transfer to 30 ineligible status or death, the Participant'shis interest and rights under this plan shall be limited 31 to those contained in the following sections of this section. 32 33 34 (b) Any such paftiei-pantParticipant shall be entitled to elect Option 1 or Option 2, as described 35 below, except that Option 2 shall be automatically considered as having been elected by the 36 pai4i6pan Participant unless Option 1 is elected before the paftieipatAParticipant's normal 37 retirement date. 38 39 Option 1: A cash payment of an amount equal to the aggregate of the contributions made 40 by the pai4ieipanParticipant prior to his termination of employment with credited interest 41 compounded annually at the rate of three (3) percent per annum from the end of the year 42 of payment to the first of the month in which the cash payment is made. Sweffi- Provided 43 that police officer Participants eligible to withdraw their contributions from thise pension 44 pl may only withdraw their contributions without interest. 45 Page 12 of 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Option 2: Pension benefits commencing on what otherwise would have been the normal retirement date of the paftieip Participant in an amount equal to the greater of that which can be provided by the aggregate of the contributions made by the paAinpantParticipant prior to the termination of his employment, with credited interest compounded annually at the rate of three (3) percent per annum from the end of the year of payment to the date on which pension benefits commence; or an amount determined by multiplying the amount of pension to which the Participanthe is entitled in accordance with section 16 -14(a) or 16- 14(b), whichever is applicable by a percentage determined in accordance with the following schedule on the basis of the length of—his Ceredited service. TABLE INSET: Number of years of efedit °a ser- : °Credited service Percentage Less than 10 0 11 10 12 20 13 30 14 40 15 50 16 60 17 70 18 80 19 90 20 or more 100 Swefn pPolice officer Participantspersennel, including bargaining unit empleyeeEmployees, shall be one hundred (100) percent vested in the retirement plan upon completion of ten (10) years continuous full -time sworn police service. Accordingly, effective October 1, 1993, all swe police officer Participantspefsennel, including members of the bargaining unit, who are in thise plan effective October 1, 1993 and have between ten (10) years and twenty (20) years of continuous sworn police service in the fe*crremefA system will be one hundred(100) percent vested. All general empleyeeEmployees shall be one hundred (100) percent vested in the pension•-•.n plan upon completion of ten (10) years' continuous Ceredited service. Accordingly, effective October 1, 1995, all general empleyeeEmployees who are in this plane as of October 1, 1995, and have ten (10) years or more of continuous service it the Fe fi -eme t syste•„ will be one hundred (100) percent vested. Page 13 of 26 2 (c) No Supplemental Benefit shall be payable under this article. 3 4 (d) (1) A tenninated paftieip Participant's pension benefit payments shall commence on 5 what would otherwise have been the Participant'shis normal retirement date; provided, 6 however, that if on the date of leis -- termination of employment the Participanthe has 7 satisfied the service requirement for early retirement but not the age requirement, the 8 Participanthe may elect, in writing, on a form approved by the pension board, to have 9 payments determined on an actuarial equivalent basis commence prior to his- normal 10 retirement date, but in no event prior to the first day of the calendar month coincident 11 with or next following leis -- completion of the age requirement. The pension board must 12 receive such written election at least six (6) months prior to the commencement of 13 benefits. If such pension commences before the partieip Participant's normal retirement 14 date, the amount of such pension shall be the actuarial equivalent, determined in 15 accordance with Table I or as to a police officer paftieipan Participant e4assified as-a 16 p ^own on the date of leis- termination of employment determined in accordance with 17 Table II, as such tables appear in section 16 -14, of the monthly amount of pension benefit 18 on the normal form which would otherwise commence on leis -- normal retirement date. 19 20 (2) The basic benefit described herein shall be effective for all paftieipParticipants 21 who terminate employment on or after October 1, 1978. 22 23 (e) An Employee who has received a cash payment under Option 1 above may elect to 24 participate in this plan upon meeting the following requirements: 25 26 (1) Election to participate must be made within thigy (30) days of receipt of notice of 27 eli i�; bilityo participate. 28 29 (2) Such Employee had received a cash payment under Option 1 above. 30 31 (3) Such Employee pays to the pension plan an amount equal to the amount of cash 32 payment received under Option 1 above, plus credited interest compounded annually at 33 the rate of three (3) percent per annum from the date on which such cash payment was 34 made to the date of such repay 35 36 Participation under this section will be effective as of September 1, 1977. In determining an 37 Employee's Credited service at any future date, any service during which the Employee did not 38 participate under this plan shall not be included. 39 40 (Ord. No. 528, 12 -7 -65; Ord. No. 697, § 7,10-6-70; Ord. No. 1155, § 1, 9 -7 -82; Ord. No. 1161, 41 § 1, 12- 21 -82; Ord. No. 1544, § 3, 9- 21 -93; Ord. No. 1595, § 4, 11 -7 -95) 42 43 Editor's notel Ord. No. 1155, § 1, Sept. 7, 1982, Aft. V! Ofd. No. 528 by adepted amended of 44 have been 16 , said pr-evisiens eedified as § 45 17(d) of this Code. 46 Page 14 of 26 I Sec. 16 -18. Group annuity policy. 2 3 (a) The empleyefEmployer, in order to provide the benefits of this plan, may procure from an 4 insurance company a group annuity policy. In general, such group annuity policy shall provide 5 for the establishment and maintenance of a fund or funds by the insurance company to which 6 contributions will be credited and from which will be withdrawn the amount necessary to pay 7 pension benefits at retirement and to pay such other benefits as may be provided by the plan. 8 Any monies not so invested may be invested in other methods as provided by law. 9 10 (b) The terms and provisions of such group annuity policy shall be agreed upon between the 11 employer Employer and the insurance company and shall, to the extent possible, be consistent 12 with the provisions of this plan and amendments hereto. 13 14 (Ord. No. 528,12-7-65; Ord. No. 697, § 8, 10-6 -70; Ord. No. 1418, § 4,2-21-89) 15 16 Sec. 16-19. Contributions. 17 (a) Each partieip Participant shall contribute in each calendar year towards the cost of the 18 parfieipa Participant's pension an amount equal to three (3) percent of the 19 patieipanlParticipant's earnings. With the exception of swern police officer per—se ! 20 Participants, no partieipantParticipant shall make any contributions toward the cost of any past 21 service pension to which the pai4ieip Participant is entitled under this plan. The 22 empleye Employer shall contribute the balance of the cost, actuarially determined, of providing 23 the benefits of the plan. The employe Employer's contributions shall be deposited into the 24 pension plan on at least a quarterly basis. Effective October 1, 1995, the pension contribution for 25 all general employee Employee paf6eipa-xtParticipants, including those eig feral 26 empleyeeEmployees that are now members of the retirement system, shall be increased from 27 three (3) percent to five (5) percent of earnings. Effective October 1, 2001, the pension 28 contribution for all general Employee Participants, including those general Employees that are 29 now members of the plan, shall be increased from five (5) percent to seven (7) percent of 30 earnings. Sweet— pPolice officer Participants including bargaining unit 31 empleyeeEmployees, that are now members of the plan and any sweet- police officersper -sepmel 32 who join the plan in the future shall, effective October 1, 1993, have their contribution increased 33 from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, swear- police 34 officer Participantspersennel shall contribute 7.5 percent of earnings. 35 36 , (1) General Employee Participants. Should the empleyerEmployer's annual 37 contribution be actuarially determined to exceed twelve (12) percent, both the 38 empleye Employer and the partieipaRtParticipants shall share equally the amount in 39 excess of twelve (12) percent for that fiscal year. ffeefiv����2005 —snettid« 40 ' 41 (4) pefeent, —both the eWley p and he—gen 42 pat4i6paf0aftieipants shall share equally the ametint in exeess ef fetfAeen (14) per-een 43 €er- that— €iseal year. Effective October 1, 2005 should the total Participant and 44 Employer's annual contribution be actuarially determined to exceed (14 ) fourteen 45 percent, both the Employer and the general employee Participants shall share equally the 46 amount in excess of fourteen (14) percent for that fiscal year. Page 15 of 26 1 2 (2) Police officer Participants. Effective October 1, 2004 if the total police officer 3 partcipitants contributions and empleye Employer contribution 4 exceeds fifteen (15) percent of covered police payroll for any fiscal year, the excess over 5 fifteen (15) percent shall be shared equally by the empleye Eniployer and �- police 6 officerpersei e pai4ieipa Participants. Swe Ppolice officer personnel 7 pai4ieipaRVarticipant contributions shall be deposited in the plan immediately after each 8 pay period. Effective October 1, 2001, an amount actuarially determined, to provide for 9 certain minimum benefits required by Chapter 185, F.S. shall be paid from the South 10 Miami Police Officers Retirement Trust Fund to the Plan each year, regardless of the 11 growth or diminution in future Chapter 185, F.S. funds.. 12 13 (b) All amounts paid by the employe Employer to the insurance company in accordance with 14 this plan shall represent irrecoverable contributions, except as may be otherwise provided in 15 subsection 16- 22(b). 16 17 (c) The empleyerEmployer shall pay the reasonable expenses of the pension board, including 18 any expenses for legal and actuarial services. 19 20 (d) Rollover option. A paffieipan eligible to receive a refund of contributions may 21 elect, at the time and in the manner prescribed by the pension board o= -yes, to have any 22 portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by 23 the paffieipan Participant in a direct rollover. For the purposes of this section, the following 24 words and phrases shall have the following meanings indicated: 25 26 (1) Eligible rollover distribution is any distribution of all or any portion of the balance to 27 the credit of the distributee, except that an eligible rollover distribution does not include: 28 29 a. Any distribution that is one of a series of substantially equal payments (not 30 less than annually) made for the life (or life expectancy) of the distributee, or the 31 joint lives (or joint life expectancies) of the distributee and the distributees 32 designated benefieiar- Beneficiary, or for a specified period of ten years or more; 33 34 b. Any distribution to the extent such distribution is required under section 35 401(a)(9) of the Internal Revenue Code; and 36 37 c. The portion of any distribution that is not includable in gross income. 38 39 (2) Eligible retirement plan is an individual retirement account described in section 40 408(a) of the Internal Revenue Code, an individual retirement annuity described in 41 section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) 42 of the Internal Revenue Code, or a qualified trust described in section 401(a) of the 43 Internal Revenue Code, that accepts the distributees eligible rollover distribution. 44 However, in the case of an eligible rollover distribution to the surviving spouse, an 45 eligible retirement plan as an individual retirement account or individual retirement 46 annuity. Page 16 of 26 2 (3) Distributee includes an empleyeeEmployee or former empleyeeEmployee. In 3 addition, the empleyeeEmployee's or former empleyeeEmployee's surviving spouse is a 4 distributee with regard to the interest of the spouse. 6 (4) Direct rollover is a payment by the plan to the eligible retirement plan specified by 7 the distributee. 9 (Ord. No. 528, 12 -7 -65; Ord. No. 1544, § 4, 9- 21 -93; Ord. No. 1595, § 5, 11 -7 -95; Ord. No. 10 1761, § 5, 10- 16 -01; Ord. No. 1892, § 2, 11-28-06) 11 12 Sec. 16 -20. Pension be Board of Trustees. 13 14 (a) The pension boa Board of Trustees shall be comprised of.seven (7) members consisting of 15 the two (2) active empleyeeEmployees of the city elected by Participants of the Plan, two (2) 16 citizen e'er of the eCity, and two (2) individuals with financial backgrounds all to -tee 17 appointed by the with the advi e and , ent of the eity eaflifflissia and the appointment 18 of one (1) active empleyeeEmployee of the city designated by the city manager, all to be 19 appointed by the mayor with the advice and consent of the city commission. No pex�ien 20 beaf Board of Trustee member shall receive any compensation or emolument for services on the 21 pension board. The board members shall each serve for a period of two (2) years, or until their 22 successors are appointed, which appointment shall be evidenced by an acceptance in writing of 23 such appointment. A member of the pension board may resign by delivering ahis written 24 resignation to the city clerk, and such resignation shall become effective upon its delivery or at a 25 later date specified therein. If, at any time there shall be a vacancy in the membership of the 26 board, provided there are not less than five (5) members, the board shall continue to act until 27 such vacancy is filled as provided above. 28 29 (b) The board shall hold meetings upon such notice, at city hall, and at such times as its 30 members may from time to time determine but in no event less than once each calendar quarter. 31 A majority of the members of the board at the time in office shall constitute a quorum for the 32 transaction of business. All action taken by the board at any meeting shall be by vote of the 33 majority of its members present at such meeting; pfevided, i,,,., eyef, the beafd .r et . thet * 34 35 ffiemoefs. 36 37 (c) Subject to the terms of this plan, the pension board mayshall from time to time adopt 38 bylaws, rules and regulations for the administration of the plan and the conduct and transaction 39 of its business and affairs. 40 41 (d) The pension board shall. have such powers as may be necessary to discharge its duties 42 hereunder; including but not limited to, the power to interpret and construe the plan, to determine 43 all questions of eligibility for benefits, duration of employment, computation of benefits, value of 44 benefits and similarly related matters for the purposes of the plan, and the pension board's 45 determination of all questions arising under this plan shall be conclusive and binding upon all 46 empleyeeEmployees, retired empleyeeEmployees, paitieipParticipants and all other persons. Page 17 of 26 2 (e) No member of the pension board shall be precluded from becoming a paftieipaa Participant 3 under this plan if he=wetil�e otherwise eligible. 4 5 (f) The board shall keep accurate records and minutes of its proceedings and actions. The 6 pension board shall prepare annually a report showing ,in reasonable dretail and account of the 7 operations for the preceding year, as required by section 112.63 and 185.221 and shall deliver a 8 copy within sixty (60) days thereof to the city commission. The pension board shall also file with 9 the appropriate governmental bodies all necessary forms and documents that must be furnished 10 in accordance with applicable law. 11 12 (g) The board shall, from time to time, issue written instructions to the insurance company if 13 applicable with respect to the pensions and other benefits to be provided pursuant to this plan. 14 15 (h) The board may authorize one (1) or more of its members to sign on its behalf any document 16 relating to the administration of this plan. 17 18 (i) Except for gross negligence or willful breach of the terms of this plan, no member of the 19 pension board shall incur any individual liability for any action or failure to act pursuant to the 20 terms of this plan. No member of the pension board shall be liable for the acts of any other 21 member of the pension board. The members of the pension board may engage agents, to include 22 consultants, custodians, actuaries. Accountants, auditors and investment managers to assist them 23 in their duties and may consult with counsel who may be an independent counsel or of counsel to 24 the empleyefEmpleye . The members of the pension board shall be relieved of all responsibility 25 whatsoever for anything done or not done upon the written advice of counsel. 26 27 (j) The members of the pension board may inspect the records of the ernpleyefEmployer 28 whenever such inspection shall be reasonably necessary in order to determine any fact pertinent 29 to the performance of their duties under this plan. The members of the pension board, however, 30 shall not be required to make such inspection, but in good faith may rely on any statement of the 31 empleye Employer or any of its officials or authorized ernpleyeeEmployees. 32 33 34 , as the effi&yer- may ffem time to time agfee te pay 35 f;.,,.,.. its ewft finds t„ the individual fn ember-s. 36 37 (1) The eity managef shall be . ex eff eie . eting member- of the pension 1..,.,, .1 38 - 39 (Ord. No. 528, 12 -7 -65; Ord. No. 1207, § 1, 9- 10 -84; Ord. No. 1247, § 1, 2 -4 -86; Ord. No. 1253, 40 § 1, 8 -5 -86; Ord. No. 1707, § 1, 4- 11 -00) 41 42 Sec. 16 -21. Purchase of eredited se Credited service. 43 44 (a) Sweffi pPolice officer Participantsperseniiel, including bargaining unit empleyeeEmployees, 45 nt shall be allowed te apply 46 peen to purchase credit for active duty in the U.S. military service, prior to employment as Page 18 of 26 I a Police officer with the City in accordance with USERRA and applicable state law up te-a 2 ffiffliknutn of f of (4) yeafs. This provision shall not cover reserve active duty or weekend drill. 3 Reservists may tise aetive dic.Ay ffiilitffy time if they have been notified by the Pfesident and h 4 served in that 1 ty full time f t than one (1 ) °° . Police officers electing to purchase 5 approve d rp for military time will do so at total cost to the Participante-f� with no cost 6 assumed by the city. ' pur-ehase of appFeved military time sh�l be 7 pfenitilgated by the eity fnanage.r-. 8 9 (b) All pai4ieipan Participants in the city pension plansystem shall be allowed to apply for- 10 pefnission to purchase credit for immediate past city service up to a maximum of five (5) years 11 in the city pension pla pursuant to procedures promulgated by— the -eity 12 managerat the time of such purchase. All costs for approved purchase of past city services shall 13 be one hundred (100) per cent borne by the ParticipanteRipleyee with no cost assumed by the 14 city. Should the eity perm-it Participant be permitted to purchase ef-past city service over a period 15 of time, the effective date of er-edited se i Credited service wi44shall be on the date such 16 purchase is paid in full. 17 18 (Ord. No. 1544, § 5, 9- 21 -93; Ord. No. 1616, § 1, 9 -3 -96) 19. 20 Sec. 16 -22. Amendment and termination of the pension plan. 21 22 (a) The empleyerEmployer may amend the provisions of this pension plan at any time and from 23 time to time by an instftunent R Vff. ng eHeetAe in its name by a fieer 24 ; 25 enacting such amendments in a public meeting provided, howevef, that: 26 27 (1) No amendment shall increase the duties or liabilities of the e., of the pensie � 28 beams Board of Trustees • ithe„+ thei ...witte eense 29 30 (2) No amendment shall provide for the use of funds or assets held under this plan other 31 than for the benefit of emplayeeEmployees and no contributions paid by the 32 employe Employer shall ever revert to or be used or enjoyed by the empleyer-Employer, 33 except as provided in subsection (b). 34 35 (b) The empleye Employer may terminate this pension plan at any time by an inst .,,,,., °M+ „ 36 37 to ° ° ute sueh an +mien, and delivered to the pension beafa.repealing the provisions of this 38 ordinance in a public meeting. In such event the pension boa Board of Trustees shall take the 39 necessary steps to have all the funds held by the insufanee eempany undef the group annu45 40 pekey with eet to sueh effipleyef plan applied to the purchase of immediate or deferred 41 annuities, as the case may be, in the following order of priority and in accordance with the 42 provisions of section 16 -23, if applicable: 43 44 (1) An immediate annuity on the normal forms of pension for each ernpleyeeEmployee 45 whe is pai4ieip rrtParticipant and-who has retired or has attained hi-s-normal retirement 46 date but who has not retired, in an amount equal to the amount of basic benefit to which Page 19 of 26 I the Participanthe is entitled or would have been entitled if the Participanthe had retired 2 immediately prior to such termination. 4 (2) A deferred annuity on a full cash refund form of pension commmencing at normal 5 retirement date for each empleyee who is a pai4ieipa Participant and who has not 6 reached hi-s--normal retirement date, for each disabled pan4ieipanntParticipant, and for each 7 former empleyeeEmployee who is a tenninated paftieip Participant wheand has not 8 elected a cash payment as provided in option 1 of section 16 -17i in an amount of thehis 9 patieipantParticipant's contributions paid to and received by the ' plan, 10 with credited interest of at-three (3) percent per annum from the end of the year in which 11 contributions were received to the date basic benefits commence. 12 13 (3) A temporary annuity ending on this — normal retirement date for each disabled 14 pai4iertParticipant in an amount equal to the basic benefits being received h bee n 15 —e. 4ng under section 16 -15. 16 1.7 (4) A deferred annuity on the life annuity form commencing at normal retirement date 18 for each tenninated pan4ie-iparttParticipant as defined in section 16 -17 in an amount equal 19 to the amount the Participant he is entitled to under section 16 -17 and deferred annuity 20 commencing at normal retirement date for each disabled paftieipantParticipant and each 21 empleyee who is partieipamtParticipant in an amount equal to the amount the 22 participanthe would be entitled to under 16 -17 if the date of termination of employment 23 less the amount of benefit applicable to him in (b) above. 24 25 (5) A deferred annuity on the life annuity form commencing at normal retirement date 26 for each partieipamtParticipant and-who has not reached his normal 27 retirement date in an amount equal to the amount of basic benefit the Participanthe would 28 be entitled to if the Participant'shi -s normal retirement date were the date of termination of 29 this plan less the amount of benefit applicable to hi in (2), (3) and (4) above. 30 31 Provided, however, that if there are insufficient funds to provide any category of such 32 annuities, the amount of annuity to be provided for each partieipantParticipant in that category 33 shall be reduced by a uniform percentage. If by reason of actuarial error the purchase of such 34 annuities as is provided for in (1), (2), (3), (4) and (5) above does not exhaust the funds, any 35 excess shall be paid by the insufanee eempany to such empleyerEmployer. 36 37 (Ord. No. 528, 12 -7 -65; Ord. No. 21 -70 -697, § 9, 10 -6 -70) 38 39 Sec. 16 -23. Limitation of pension benefit payment. 40 41 (a) Any provision in this plan to the contrary notwithstanding, during the ten -year period 42 following the date the plan is initiated the benefits provided hereunder by the 43 enipleyerEmployer's contributions with respect to its twenty -five (25) highest paid 44 empleyeeEmployees on the date the plan is initiated who then become or who may thereafter 45 become paAieip Participants and whose pension benefit at normal retirement date will exceed Page 20 of 26 I one thousand five hundred dollars ($1,500.00) annually will be subject to the following 2 conditions: 3 4 (1) The benefits payable to any such ,Employee or his survivor (in the event of 5 the death after retirement) shall not exceed those purchasable by the larger of (a) and (b): 6 7 (a) Twenty thousand dollars ($20,000). 8 9 (b) Twenty (20) percent of the average regular annual compensation up to fifty 10 thousand dollars ($50,000.00) of any such empleyeeEmployee multiplied by the 11 numbers of years the plan is in effect. 12 13 (2) As long as this plan remains in full effect and its full current costs have been met, 14 the provisions of this section shall not restrict the payments of either full pension benefits 15 to any retired pattieipa Participant or full survivor's benefits on account of any deceased 16 paftieip Participant. 17 18 (3) In the event of termination of this plan, the terms and conditions of Florida Statutes 19 185.37, entitled "Termination of Plan and Distribution of Fund" shall govern for police 20 officer Participants. 21 22 (b) In no event may a Participant's annual benefit exceed the lesser of: 23 24 (1) $90,000 (adjusted for cost -of living in accordance with Internal Revenue Code (IRC) 25 Section 415(d), but only for the year in which such adiustment is effective). or WO 27 (2) One hundred percent of the average annual compensation for the Participant's three 28 highest paid consecutive years; however, benefits of up to $10000 a year can be paid 29 without regard to the 100 percent limitation if the total retirement benefits payable to a 30 Participant under all defined benefit plans (as defined in IRC Section 414(j)) maintained 31 by the City for the present and any prior year do not exceed $10,000 and the City has not 32 at any time maintained a defined contribution plan (as. defined -in IRC Section 4140) in 33 which the employee was a Participant. 34 35 (3) If the Member has less than ten years of service with the City (as defined In IRC 36 Section 415(b)(5) and as modified by IRC Section 415(b)(6)(D)) the applicable 37 limitation in paragraph (l ) or paragraph (2) of this subsection shall be reduced by 38 multiple such limitation by a fraction, not to exceed one. The numerator of such 39 fraction shall be the number of years, or part thereof, of service with the City; the 40 denominator shall be ten years. 41 42 (4) For purposes of this subsection the "annual benefit" means a benefit paw 43 annually in the form of a straight life annuity with no ancillary or incidental benefits and 44 . with no Member or rollover contributions. To the extent that ancillary benefits are 45 provided, the limits set forth in paragraphs (1) and (2) above will be reduced actuarially, Page 21 of 26 I using an interest rate assumption equal to the greater of five percent or the interest rate 2 used in the most recent aiulual actuarial valuation, to reflect such ancillary_ benefits. 4 (5) Except with respect to distributions on or after January 1, 1997 to "Qualified Police 5 Officers," as that term is defined in Section 415(b )((2)(G) of the Code, if distribution of 6 retirement benefits begins before age 62, the dollar limitation as described above shall be 7 reduced actuarially using an interest rate assumption equal to the greater of five percent 8 or the interest rate used in the most recent annual actuarial valuation; provided however, 9 retirement benefits shall not be reduced below $75,000 if payment of benefits begins at or 10 after age 55 and not below the actuarial equivalent of $75,000 if payment of benefits 11 begins before age 55. If retirement benefits begin after age 65, the dollar limitation of 12 above shall be increased actuarially using an interest assumption equal to the lesser of 13 five percent or the interest rate used in the most recent annual actuarial valuation. For 14 purposes of this subsection, the "average annual compensation for a Participant's three 15 highest paid consecutive years" shall mean the Participant's greatest aggregate 16 compensation during the period of three consecutive years in which the individual was an 17 active Participant of the Plan. 18 19 (c) Distributions in Plan Years Bezinninz After December 31, 1986 Benefit pavments to a 20 Participant must commence no later than the April 1 of the calendar year inunediately following 21 the calendar year in which the Participant attains age 701/2, or with respect to plan years 22 beginning on or after January 1, 1997, the later of (i) the calendar year in which the Participant 23 attains age 701/2, or (ii) the calendar year in which the Participant retires. For Participants 24 whose benefits commence after April 1 of the calendar year following the calendar year in which 25 the Participant attains age 701/2, such Participant's benefit amount (including any additional 26 benefit which is accrued after such date) shall be actuarially increased for the period between (i) 27 April 1 of the calendar year following the calendar year in which the Participant attains age 28 701/2 (or the end of the Plan year in which any additional benefit is accrued)and (ii) the 29 Participant's benefit commencement date. Such actuarial increase shall be determined using the 30 interest and mortality assumptions used for the purposes of Actuarial Equivalence, and may be 31 _offset to the extent an actuarial increase is otherwise provided due to delayed retirement. 32 33 (1) Distributions to a Participant shall not extend beyond the life of the Member or the 34 lives of the Member and his designated Beneficiary, or over a period not extending 35 beyond the life expectancy of the Member or the life expectancy of the Member and his 36 designated Beneficiary. 37 38 (2) If distribution has commenced to a Participant, and such Participant dies before 39 receiving such entire interest, the remainder of such interest shall be distributed over a 40 period at least as rapidly as under the method of distribution in effect prior to such 41 Participant's death. 42 43 (3) In the event distributions have not commenced to a Participant prior to the 44 Participant's death, the entire interest of the Participant shall be distributed within five 45 years after the death of such Participant. However, such fire -year rule shall not apply if 46 any portion of the Participant's interest is payable to a designated beneficiary, where such Page 22 of 26 1 portion will be distributed over the life of such designated beneficiary, or over a period 2 not extending beyond the life expectancy of such beneficiary be imiing not later than one 3 year after the date of the Participant's death or such later date as the Secretary of the 4 Treasury may by regulations prescribe. If the designated beneficiary is the surviving 5 eligible spouse .of the Participant, the date on which the distributions would be required to 6 begin shall not be earlier than the date on which the Participant would have attained age 7 701 /2. If the surviving eligible spouse dies before payments are required to commence, 8 the five -year rule shall be applied as if the surviving- eligible spouse were the Participant. 9 10 11 (Ord. No. 528, 12 -7 -65; Ord. No. 868, § 1, 8 -5 -75) 12 13 Sec. 16 -24. Limitations generally. 14 15 (a) Plan exclusively for employeeEmployee's benefit; definition of plan. This pension plan is 16 created for the exclusive benefit of empleyeeEmployees of the empleye-rEmployer and their 17 beneficiaries, and shall be interpreted in a manner consistent with its being a qualified pension 18 plan as defined in section 401(a) of the Internal Revenue Code of 1954, as the same may be 19 amended from time to time. This section cannot be altered or amended. 20 21 (b) Funds restricted. Except as provided in section 16- 22(b), no funds contributed to this plan 22 and no assets of this plan shall ever revert to, be used or enjoyed by the employe Employer nor 23 shall any such funds or assets ever be used other than for the benefit of emplayeeEmployees of 24 the empleyerEmployer or their beneficiaries. This section cannot be altered or amended. 25 26 (c) Compliance by parties, clahnants. All parties to this plan and all persons claiming any 27 interest whatsoever hereunder agree to perform any and all acts and execute any and all 28 documents or papers which may be necessary or desirable for carrying out any of the provisions 29 of this plan or of any amendments to this plan or for complying with any federal or state 30 disclosure laws. 31 32 (d) Plan is not contract of employment. The pension plan shall not be construed as creating any 33 contract of employment between the en^Employer and any of its empleyeeEmployees. 34 35 (e) Alienation ofproceeds, levy, etc.; prohibited. No paftieip Participant shall have any right 36 to assign, alienate, anticipate or commute any payments hereunder; and, except as otherwise 37 prescribed by law, no payment shall be subject to the debts, contracts or engagements of any 38 payee, nor to a judicial process to levy upon or attach the same for the payment thereof, except 39 the recipient of any monthly benefit may authorize the board of tfusteesBoard of Trustees to 40 withhold from the monthly benefit those funds necessary to pay for the benefits being received 41 through the e tyCity, to pay the certified bargaining agent of the city, and to make any payments 42 for child support or alimony. 43 44 (f) Lai ,s of Florida applicable. This plan shall be construed according to the laws of the State 45 of Florida where it is made and where it shall be enforced. 46 Page 23 of 26 1 (g) Gender; nuinber. Wherever used in this article, the masculine gender shall include the 2 feminine gender and the singular shall include the plural. 3 4 (h) Luinp SU777 payment. If at any time it is determined that monthly payments to be made at any 5 time or at any future date to a pai4kipantParticipant will be less than ten dollars ($10.00) each, a 6 lump sum payment vAgmay be made in lieu thereof. 7 8 (Ord. No. 528, 12 -7 -65; Ord. No. 1868, § 1, 12- 20 -05) 9 10 Sec. 16 -25. Deferred compensation program created; administrator. 11 12 (a) There is hereby established a deferred compensation program of the City of South Miami. 13 14 (b) The city manager is hereby designated as the official to approve and administer a deferred 15 compensation plan as required by state law. 16 17 (c) The city attorney is hereby designated as the appropriate official to determine, in accordance 18 with the requirements of F.S. § 112.215(6)(b) (1976), whether the compensation deferred under 19 any plan approved by the city manager will not be included in the Participantsempleyees taxable 20 income under the federal or state law until it is actually received by such Participantempleyee 21 under the terms of the plan, and that such compensation will nonetheless be deemed 22 compensation at the time of the deferral for the purposes of social security, the pension 23 pla of the City of South Miami or for any other retirement, pension or benefit 24 program required by law. 25 26 (d) The deferred compensation program authorized hereunder and any other plan approved and 27 adopted as herein provided, will exist and serve in addition to any other retirement, pension or 28 benefit system established by the federal government, the State of Florida or the City of South 29 Miami, and shall not supersede, make inoperative or reduce any benefits provided by the Florida 30 Retirement System or by any other retirement, pension or benefit program established by law. 31 32 (Ord. No. 929, §§ 1 -4, 3 -1 -77) 33 34 Sec. 16 -26. Pre - retirement survivor annuity. 35 36 Notwithstanding any other provisions of this plan, in the event of death of any qualifying 37 Participant with a vested benefit . a pre- retirement survivor annuity will be provided to the spouse 38 of such Participant ' , 39 provided the pai4ieipan Participant and spouse have been married throughout the one -year period 40 ending on the date of the paitieipa Participant's death. Commencing with the first plan year 41 beginning after December 31, 1984, any qualifying paitieipantParticipant who attains suchhi -9 42 annuity starting date shall receive his/he benefit in the form of a qualified joint and survivor 43 annuity, unless otherwise elected with appropriately witnessed spousal consent. The amount of 44 the survivor annuity shall be the minimum amount required under section 401(a)(11) of the 45 Internal Revenue Code. If any qualifying paftie-ip Participant has designated a person, persons 46 or entity other than his or her spouse as the ben Beneficiary of any plan benefits payable Page 24 of 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 upon his er- her death of the Participant, such beiiefieiaf Beneficiary is entitled only to such benefit, if any, as is in excess of the qualified pre - retirement survivor annuity payable to the surviving spouse described above. A qualifying paitieip tParticipant is any married pa-AieipatParticipant who completed at least one hour of service (or paid leave) on or after August 23, 1984 who has net -yet to attaincdl}is annuity starting date under the plan. A vested pai4iertParticipant who is not credited with at least one hour of service on or after August 23, 1984, may elect, during the election period, to have the qualified pre - retirement survivor annuity coverage apply if such paAieipafltParticipant (1) had at least an hour of service in the first plan year beginning after December 31, 1975, (2) had at least ten (10) years of service under the plan and a non - forfeitable right to at least part of the accrued benefit derived from eMpleye Employer contributions, and (3) has not yet reached his owe annuity starting date. The election period referred to in the previous sentence is the period beginning August 23, 1984, and ending on the earlier of the pai4ieipntParticipant's annuity starting date or the date of the paitieipai Participanfs death. A vested paAieipantParticipant who is not credited with at least one hour of service for any plan year beginning after December 31, 1975, may elect, during the election period, to have the ERISA survivor annuity rules apply if such paftietParticipant (1) had at least one hour of service during the period commencing September 2, 1974, and ending with the last day of the plan year commencing in 1975, (2) has not yet reached per annuity starting date, and (3) has attained the later of the qualified early retirement age under the plan or one hundred twenty (120) months prior to the normal retirement date. The election period referred to in the previous sentence is the period beginning August 23, 1984, and ending on the earlier of the pafie-ipantParticipant's annuity starting date or the patieip Participant's death. The purtieipantParticipant shallwi44 not bear any part of the cost of providing the pre- retirement survivor annuities described above, howeverand-4llshall bear the cost of any joint and survivor annuity provided at the annuity starting date. The survivor annuity benefits otherwise provided by this section are subject to any qualified domestic relations order, as defined by Internal Revenue Code, section 414(p), and such benefits shall be provided only to the extent that provision of the benefit is consistent with the terms of the order. (Ord. No. 1239, § 1, 3 -5 -85) Secs. 16- 27-- 16 -29. Reserved. Section 2: Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 3: Authority is hereby granted to codify this Ordinance. Page 25 of 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 4: This Ordinance shall become effective upon adoption. PASSED and ADOPTED this day of , 2008 ATTEST CITY CLERK 1St Reading - 2nd Reading - READ AND APPROVED AS TO FORM CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: WAMy Documents\resolutions \Ordinance Pension Plan Restatement 2008 (2)First Draft.doc Page 26 of 26 CITE' OF SOUTH MIAMI PENSION PLAN SPECIAL MEETING April 11, 2008 MINUTES Chairman Cassel called the special meeting of the Board of Trustees of the City of South Miami Pension Plan to order at 9:00 a.m. on April 11, 2008 at the City of South Miami City Hall Commission Chambers. ' TRUSTEES PRESENT: Bradley Cassel, Doug Baker, Mr. De la Torre, and Rita Torres ABSENT & EXCUSER — Peter Isere OTHERS PRESENT: Pete Prior of Benefits USA, Inc., Kimberly Kutlenios and Fred Johnson of Fifth Third, Robert H. Buker III of USBank, and Ann M. Canner and Felecia Relief of Comerica Bank. UNFINISHED BUSINESS RFP Custodian Decision Firth Third Bank Mr. Fred Johnson and Ms. Kutlenios addressed the board regarding the bank. Mr. Johnson said the bank was founded in 1858 with headquarters in Cincinnati, Ohio and they are the tenth largest financial institution in the United States. Fifth Third Bank has $223 billion in assets under care with over 80 years of custody experience and over 500 institutional custody relationships with assets over $78 billion for public entities. Mr. Johnson noted that some of the local clients are on page three, such as the Melbourne Firefighters and General Employees, St. Augustine Firefighters, Lake City Firefighters and Tamarac Police and General. Ms. Kutlenios said that the trustees would have online access, if they want, as well as for the money managers and consultant. It was noted that the money managers will only be able to see their own statements, they cannot see other manager's statements but the trustees can. Ms. Kutlenios also said that Fifth Third will provide all the distribution forms in either Microsoft Word or Excel. Mr. Johnson said that the fee is 4 bps and is all inclusive. With all the relationships in Florida, contractually Fifth Third has no issue as they work with the board's attorney on several mutual clients. Comerica Incorporated Ms. Ann Caner and Ms. Felecia Relief addressed the board regarding the services they provide. Ms. Caner said that they have a large presence with Taft Hartley employees and their pensions, as well as municipal employee pension plans. Ms. Caner noted that the bank was established in 1849 in Dallas, Texas and is among the 20 largest banking companies in the United States with 400 offices located in Michigan, Florida, California, Texas and other states. Ms. Caner noted that she is the local representative for the State of Florida and Felicia is the pension account representative. Chairman Cassel asked if there are any administrative fees in the sweep accounts. Ms. Caner replied that the sweep accounts are all institutional and have no additional fees to the board. Ms: Relief commented that the 10 year certain notification is reviewed on a semi- annual basis with the Social Security Administration, as well as online documentation that the retiree is eligible to continue to receive benefits. The bank also provides custody online, downloading capabilities, historical pricing and custom reports. Chairman Cassel asked if they would train certain people to assure the forms are filled out correctly and Felicia said yes. They can come down to the office or have a WEBX training session as well. Ms. Caner said that although they are ranked in the top 20 banks in America, they service clients from one million dollars to one hundred million dollars, providing service to clients such as South Miami. U.S. Bank Mr. Buker addressed the board thanking them for the opportunity to present USBank to the Trustees. Mr. Buker said that USBank is the sixth largest financial services holding company with $238 billion in assets. They have over 2,518 banking offices in 24 states serving Endowments & Foundations, Taft - Hartley and Public Entities, to name a few.. Ms. Glenda Webb and Ms. Carol Millican would be the two employees of the bank that are the client representatives for this account. Mr. Buker noted that the fund invests in the highest money market accounts available (Institutional) with no additional fees to the board. Mr. Buker said that the sweeps are reviewed weekly and can be provided to the trustees via email on a weekly basis if needed. The trustees, administrator and consultant can have online access to the account as well and USBank can provide any custom documentation that may be needed. Mr. Buker noted that the TrustNow Essentials is part of the SEI software. US Bank is the largest client of SEI, who provides two employees to the technology division. The bank also serves St. Johns County, Indian River, and St. Petersburg General. Conclusion of Review Chairman Cassel asked the board to consider the managers and if anyone has any recommendations. Trustee Baker said he has a preference for Fifth Third and US Bank. The technology for US Bank is very impressive. Trustee De La Torre said he favors US Bank because of their depth of services, such as the quarterly death inquiry. After much discussion, Trustee De La Torre moved to retain US Bank, pending the board attorney to review the contract and the provisions of the proposals. Trustee Baker seconded the motion and the motion passed. REPORTS: Chairman Discussion on Revised Audit Chairman Cassel noted that the revisions were completed Tuesday night at midnight and the amendments have been made to both parties satisfaction. Mr. Prior said he would send a revised copy to the city. Report on update of Pension Ordinance & Qualification of Pension with IRS Chairman Cassel also spoke on the review of the ordinance and is asking the trustees for permission to provide the ordinance to the city council after review from council and chairman. The ordinance for the qualification of the plan was reviewed again with the chairman and the board attorney and this should be concluded soon. Chairman Cassel said he has been contacting Attorney Harrison on the matter via email. Chairman Cassel noted that since has been working on this matter for quite some, it would be appropriate for the board to approve him to contact the city regarding the ordinance. Trustee De La Torre moved to have Chairman Cassel provide the ordinance and backup to the city, and any other follow up required, which Trustee Baker seconded and the motion passed. ADJOURNMENT: Chairman Cassel moved to adjourn the meeting at 12:00 p.m. and seconded by Trustee Baker. The motion passed 4 -0. Secretary 2006 Ordinance ( Ordinance No. 24 -06 -1892 with PBA Contract) ORDINANCE No. 2 4- 0 6 -18 9 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABIILITY; PROVIDING FOR . CODIFICA'T'ION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide compliance with collective bargaining agreement currently in existence between the City and its several recognized Employee Labor Organizations; and WHEREAS, the .City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions governing the South Miami Pension Plan, Section 16 -14(b) of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -14. Pension benefits and retirement date. (b) Amount of pension. The yearly amount of pension payable to a participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount equal to the participant's number of completed years of Credited service multiplied by percentage of Final average compensation as stated herein. > (1.6) per-cent of his&er- final aver-age eempensa6ea by the ffHmber- of his eeRvleted ,,�.� of(1) Page 1 of 4 Ord. Igo. 24 -06 -1892 (1) Basic ,bye }n�e.fi�t. A basic benefit 7 tenths date de 4ei:faiae`�Cltipl j i a, Y tenths —(1.6percent - -of +...he empleyee's final ayerap eempCisation by the ° - vf his r hef +emplet yeafS w of ^"°sj'+°d at hiS ^r- h°r. fetifefaerA datefor Participants retiring prior to October 1, 1970, shall be determined by multiplying one and six - tenths (1.6) percent of the Participant's Final average compensation by the number of completed years of Credited service, excluding.the first two (2) years of such service and any additional service completed by the empl rfeeParticipant prior to his/her twenty -fifth birthday. However, as to those pParticipants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service and any additional service completed by hirthe Participant prior to his/her twentieth birthday and/or additional service completed by the employee prior to the time the employee became a p articipant. Effective October 1 1995 the pension benefit accrual rate (multiplier) for general employee participants, excluding police personnel, shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal year; effective October 1, 1996, the pension benefit accrual rate (multiplier) for general employ participants, excluding_ police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year. Effective September 30, 1999, the pension benefit accrual rate (multiplier) for eg neral employee participants excluding police personnel, shall be increased from 2.0 to 2.50. Effective October 1, 1999 and thereafter, the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel, shall be increased from 2.50 to 2.75. gLFor sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services performed in the 1993 -94 fiscal year; effective October 1, 1994, the .pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96' fiscal year; effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50 eff-eetive Oeteber- 1� T 96, for services performed in the 1996 -97 fiscal year; effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75, e€feEtive Oet °Y 1, 1997, for services performed in the 1997 -98 fiscal year/ and tbereave : effective October 1, 2001, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.75 to 2.80, effective October 1, 2003, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 to 2.90; effective October 1, 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 to 3.00.T-he -2- Ord. No. 24 -06 -1892 multiplier- fiw4er- to be applied at the time of fefir-ement of eaeh bafgaining i 11-11 11 emple) --- 8 .fft-al3plied as pr-eser-ibed in the 1992 93 and 1995 96 eelleetive bafgaii-ng -ag eemeats,.—Provided, however, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two (2) percent for all years of service. Section 2. Part I, Provisions governing the South Miami Pension Plan, Section 16 -19(a) of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -19. Contributions. (a) Each pParticipant shall contribute in each calendar year towards the cost of histhe Participant's pension an amount equal to three (3) percent of lithe Participant's earnings. With the exception of sworn police affiseFsR sI nngl, no _pParticipant shall make any contributions toward the cost of any past service pension to which lithe Participant is entitled under this plan. The eEmployer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The eEmployer's contributions shall be deposited into the pension plan on at least a quarterly basis. Effective October 1, 1995, the pension contribution for all general employee Participants, including those eg neral employees that are now members of the Plan, shall be increased from three (3) percent to five (5) percent of earnings. Sworn police personnel, including bargaining unit employees, that are now members of the r-°* v °m°„* sy4emP lan and any sworn op lice personnel who join the r° iffe-- .°sft+ temP 11n in the future shall, effective October 1, 1993, have their contribution increased from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, sworn police personnel shall contribute seven and one -half (7.5) percent of earnings. LD Should . the eiWsEmployer's . annual contribution be actuarially determined to exceed twelve (12), both the sftyEmployer and the enp! Fj-ee&P.4 icipants willshall share equally the amount in excess of twelve (12) percent for that fiscal year. l ee4ve Oeteb , i �employees °5, the pension a4iea for-v employees, ,ding tl�� ft,nare �, iaay.w now - members -oF the r- eti- remeat system, shall be in crvcsc•� frea- fmree (3) p €1•e__ -4 to - -•= (5) 130r- E€€ eetive OEttirier, 200�, :s�wvrr pe[iee err[vv-s'3 shall— eentrihute seven and one haN (7.5) per-peat z ea te Effective October 1, 2005 should the Employer's annual contribution be actuarially determined to exceed (14) fourteen percent, both the Employer and the general employee Participants shall share equally the amount in excess of fourteen (14) percent for that fiscal year. Effective October 01, 2004 lif the total sworn police personnel contribution and eilyEmploerer contribution exceeds se -ve teen fifteen -3- Ord. No. 24 -06 -1892 percent of covered police payroll for any fiscal year, the excess over seventeen (14} fifteen (15) percent shall be divide shared equally by the eityEmployer and sworn police ffie�personnel Participants. Sworn P-police personnel Participant contributions shall be deposited in the pens-ien —pPlan immediately after each pay period. Effective October 1, 2001, a minimum of twelve thousand four hundred ninety -eight dollars ($12,498.00) wiRshall be paid from the South Miami Police Officers Retirement Trust Fund to the Givy pension -pPlan each year, regardless of the growth or diminution in future Chapter 185 funds, in partial exchange for the retirement after X425 years of Credited service aad-e benefit improvement. Section 3: 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 4: All ordinances - or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this 28'x' day of November, 2006 TTEST: Y CLERK 1St Reading — 10/17/06 2ndReading 11/28/06 READ AND APPROVED AS TO FORM: 2cle of ig uer, e do, City Attorney, Nagin Gallop & Figueredo, P.A. APPROVED: M YOR COMMISSION VO E: 4 =0 Mayor Feliu: Yea Vice Mayor Wiscombe: absent Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South Miami AQ- Naei+�CflY " — CITY OF SOUTH MIAMI [CpRPORATID �� 'gz7pa• OFFICE OF THE CITY MANAGER zoos o xl INTER— OFFICE MEMORANDUM To: The Honorable Mayor Feliu and Members of the City Commission Via.: Yvonne S. McKinley, City Manager From: Jeanette Navarro, Duman Resources Manager Date: October 17, 2006 Item No. Subject: 'UPDATING PENSION ORDINANCE SECTION 16 -14 (B) AND SECTION 16 -19 (A)- Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR CONi LL4,NCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENT'S BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERAI3ILITY; PROVIDING FOR CODIFICA'T'ION; AND PROVIDING FOR AN EFFECTIVE DATE. Reason/Need: A letter was received from Pension Attorney wherein it was indicated that there were inconsistencies with the ordinance and collective bargaining agreements related to the pension. Upon review, it was determined that certain areas of the Pension Ordinance must be updated to reflect current provisions agreed upon by the City and all bargaining_ units (PBA and AFSCME). Cost: Funding Source: Backup Documentation: Letter from Pension Attorney Letter from Actuary Collective Bargaining Agreements for PBA and AFSCME Gabriel Raeder Smith 8G Company Consultants & Actuaries October 13, 2006 Ms, Haydee Lopez Benefits USA,, Inc. 3810 Invemary Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Plan Dear Haydee: 301 East Las Olas Blvd. 954.527.1616 phone Suite 200 954.525.0083 fax Ft. Lauderdale, FL 33301 -2254 wwwgabriefroedercom �CEIVE OCT IS 2006 CITY CLERK'S OFFICE As requested, we have performed an actuarial review of the attached proposed Ordinance. Based upon our review, the proposed Ordinance: I . Increases the multiplier for General Employees. 2. Increases the multiplier for Police Officers.' 3. Increases the employee contribution rate for General Employees. 4. Increases the employee contribution rate for Police Officers. 5. Provides for cost sharing of contributions between the General Employees and the City. 6. Amends the terms for cost sharing of contributions between the Police Officers and the City. 7. Provides for a transfer of State funds from the South Miami Police Officers Retirement Trust Fund to this Pension Plan to pay for certain minimum benefits. 8. Provides for severability. 9. Provides for codification. 10.. Provides for an effective date. The proposed Ordinance is a codification of Plan provisions that reflect administrative and Plan benefits resulting from bargaining and other PIan documentation that have been recognized in relevant actuarial valuations. Based upon the actuarial assumptions and methods and Plan provisions considered in the October 1, 2005 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under our understanding of State funding requirements. We are available to respond to any questions concerning the above. Sincerest regards, V' Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure cc: Ms. Jeanette Enrizo- Navarro Kenneth R. Harrison, Esq. SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A- Sugarman o Howard S. Susskind Kenneth R. Harrison, Sr.' David E. Robinson D, Marcus Braswell, Jr. Pedro A. Herrera +Board Certified Labor & Employment Lawyer July 13, 2006 La*renoe F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith- & Company 301 East Las 01a3 Blvd. Suite 200 Fort Lauderdale, Florida 33301 -2254 Re: City ofSouth Miami Pension Plan Response to your letter ofhfarch 30, 2006 Dear Mr, Wilson: 2801 Ponce De Leon Soulevar, Suite 75 Coral Gables, Florida 3313 (305} 529 -280 8roward'327 2871 Toll Free 1.800- 329 -21z Facsimile (305) 4471311, This firm represents the Board of Trustees of the City of South Miami Pension Plan. We have been requested by the administrator of the PIan to respond to the above referenced letter. In order to respond to your inquiries we reviewed the prior and current collective bargaining agreements for the three employee groups and the current plan document, Our review of these documents concurred with your summary of the conflicting . provisions. We have discussed these items with the Human Resources Department of the city. They advised us that the multiplier numbers have been reconciled by side letter with the PBA and we have requested a copy of that letter. Based on this information we oline that the prior collective barl7alnine aereement contains the nnrrert miAtinl;P.r nPrr.Pntaoaa -Frir �nl;no artic Our review of the plan document found that section 16-19 =4Z e cnnfli jth the current collective bargaining agreements. Section 16 -19 reads as follows: Sec. 16-19. Contribution.. (a) Each participant shall contribute in each calendar year t",ards the cost of his pension an amount equal to three (3) percent of his earnings With the exception of police off cers, no participant shall make any contributions toward i Lawrence F. Wilson, A.S.A. Senior consultant and Actuary j Gabriel Roeder Smith. & Company July 13, 2006 F Page 2 the cost of any past service pension to which he is. entitled under this plan, The employer shall contribute the balance. of the cost, actuarially determined of providing the'benefits of the plan. The - city's contributions shall be deposited into the pension plan on at least a quarterly basis Sworn police personnel, including bargaining unit employees, that are now members of the retirement system and any sworn personnel who join. the retirement system in the future shall, effective October 1, 1993, have their contribution increased from, three (3) percent to five (5) percent Should the city's annual contribution be actuarially determined- to exceed twelve (12), both -the city and the employees will share equally the amount in excess of twelve (12) percent for thatfiscal year. Effective October 1, 1995, the pension. contribution for all general employees, including those employees that are now members of the retirement system shall be increased from, three' (3) percent to five (5) percent Effective October 1, 2001, sworn police officers shall contribute seven and one -half (7.5) percent of earnings 1f the' total police contribution and city contribution exceeds seventeen (17) percent of covered police payroll for arty fiscal year, the excess over seventeen (17) percent shall be divided in half and - shared equally -by the city and police members. Police contributions shall be deposited in the pension plan immediately after each pay period Effective October 1, 2001, a minimum of twelve thousand four hundred ninety - eight dollars ($12,498.00) will be paid from ' the South Miami Police Officers Retirement Trust Fund to the city pension plan each year, regardless of the growth or diminution m future Chapter. 185 finds, in partial exchange for the X125 and out benefit improvement. This section was last amended by ordinance number 1761 dated 10/16/01, indicated as follows: (Ord No. 528, 12 -7 -65, Ord No. 1544, § 4, 9- 21 -93; Ord No 1595, � 5, 11 -7- 95; Crd No_ 1761J 5,111-16 -01) Section 3d, Article 37 of the AF-SCME_ agreement- states-that_,thc-gmployee c-6ntribution shall be 7% commencing the 1" year of the agreement, which is 10/1104 Section 16-19 above states that the gnLloyee contribution is 5 %. This is an obvious conflict, and we have asked_ the city to advise of the - correct percentage and if required to mend the ordinance. The agreement further states that commencement of the second year (10/1/05)' should the total actuarially determined contribution exceed 14% then the excess amount shall be shared states that if-the-Cifv Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith &.Company. My 13, 2006 Page 3 contribution be actuarially determined to exceed 12% then the sharirig takes effect.. Again we . have requested 'the city to advise us of the correct percentage and whether it is the city's contnbution or the total contribution that must be exceeded. -The PBA agreements contain similar I ge in Article 30 of the Lts. & Capts. Agreement and Article 33. of the PO and Sgts. Agreement; both of whit a ess pension Issues. These agreements_ cause the following concerns. Both agreements state that effective 10 11101 employee contributions will be 7.5%, which is consistent with section 1649. .I contribution be actuarially determined to excecL15% then the city and emu oyee s s e equally the excess ainopnt; while section 16-19 states that should the total police contribution and city contribution exceed 17% of covered police payroll for any fiscal year, the excess over 17% shall be divided in half and shared equally by the city and police member. Once again we 'have a conflict and have asked the city to advise us which percentage is correct. It is our opinion that the current collective bargaining agreement language should be'1 rr>flf.rnfM vn ti�a- nr��nanrp_ ThprafnrP hacPrl rtn nnr tmri�rc#anr�ma 77t P a nvP 1" nn„o °nom. Kry are of the opinion that the multiplier percentages should remain as . stated in' the prior 7 its and that employee contribution rates should be .7% for forgo participants. FurtheY it is our opinion that the s ke effect when the total contribution exceeds 14% for 1011105 and 15% for police participants effective 1011/01. If you have any questions or concerns on our position please do not hesitate to call our office direct. . . .. cc: I Board of Trustees C�:\1SWF2 AC" nMespometoACTULcu=f3QMar24D6 -Lt C Gabriel Roeder Smith & Company 301 East Las Olas Blvd. 954.527 -1616 phone \ Consultants & Actuaries Suite 200 954.525.0083 fax Ft. Lauderdale, FL 33301 -2'54 wwwgabrielroeder.coj March 30, 2006 Ms. Haydee Lopez Benefits USA, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Plan Dear Haydee: In order to complete the October 1, 2005 Actuarial Valuation for the above referenced plan, we requested signed copies of the pension sections and the effective dates of the General Employees and Police Officers collective bargaining agreements in effect as of September 30, 2005. Uaon review we have identified some in onci n .;PC hei PP l,e collective bargaining agreements and prior Ordinances. Police Ofcers 1. The current 'bargaining agreement defines the retirement benefit percentages - in Article 33 Retirement Benefits as follows: For Credited Service: Through September 30,1993 October 1, 1993 through September 30, 1994 October 1, 1994 through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 LiCti btx 1, 1997 and there&-ftOr . This is a reduced schedule from prior documentation. Percentage 1.60% 1.80% 1.90% 2.25% 2.50% 2.7_5°.0 The prior collective bargaining agreement provided to us signed July 23, 2002 provides for pension increases in Article 28 Compensation. Specifically, effective October 1, 2001 the future accrual rate is increased to 2.80 %, effective October 1, 2002 the future accrual rate is increased to 2.90% and effective October 1, 2003, the minimum retro accrual rate is '2.0% and the future accrual rate is increased to 3.0 %. These `increases are also included iri the Summary Plan Description (SPD) dated June 2001 Ms. Haydee Lopez March 30, 2006 Page Two Based upon the above, the retirement benefit percentages in Article 33 Retirement Benefits should be: For Credited Service: Through. September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 through September 30, 2001 October 1, 200.1 through September 30, 2002 October 1, 2002 through September 30, 2003 October 1, 2003 and thereafter Percentage 2.00% 2.25% 2.50% 2.75% 2.80% 2.90% 3.00% ;k C'01 4 FCIkI 0-ro What schedule is correct and should be reflected in the October 1, 2005 Actuarial Valuation? 2. The current bargaining agreement states that Police Officers contribute 7.5% of pay however effective October 1, 2001, should the total contribution exceed, 15.0%, both the City and Police Officers are to share equally the amount in excess of 15.0 %. Based upon Ordinance No. 30 -01 -1761 signed October 16, 2001, Police Officers contribute 7.5% of pay. Effective October 1, 2001, should the total contribution exceed 17.0 %, both the City and Police Officers are to share equally the amount in excess of 17.0°/x. We note that the prior collective bargaining agreement signed July 23, 2002 and the SPD dated June 2002 required the Police Officers and the City to share equally should the total contribution exceed 15.0% effective October 1, 2001. Based upon the above, we have been utilizing the 17.0% threshold. What should the threshold be for the October 1, 2005 Actuarial Valuation? General Employees Based upon the current collective bargaining agreement, the employee contribution is 7.0% however effective October 1, 2005, should the total contribution exceed 14.0 %, both the City and Employees are to share equally the amount in excess of 14.0%x. Based upon the SPD dated June 2002, the employee contribution was 7.0 %. However, should the City contribution exceed 12.0 %, both the City and Employees were to share equally the amount in excess of 12.0 %. We understand that it was not the intent of the collective bargaining in place at the time for the employees to contribute more than 7.0% regardless of the City contribution amount. Ms. Haydee Lopez March 30, 2006 Page Three Please confirm that the intent is that the City and General Employees should share equally in the amount'in excess of 14.0% for purposes of the October 1, 2005 Actuarial Valuation. . Thank you for your assistance with our questions. - If you should have any questions concerning the above or if we may be of further assistance with this matter, please do not hesitate to- contact us. Sincerest regards, Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary M: Kenneth Harrison, Esq. 3. Any employee irgured on the jab .shall be paid the full eight (o) hours age for the day of the accident if their treating physician advises shat he should not return to wow that day. ; covered by this � cement f��her agree tb4 in the interest of public 4. Employees confidence, there needs to exist a nMgement right to submit emplayees at random and without no on for drug and alcohol testing. Said tests shall bye iaaaddi� to the annual physical and may occur not more than one time per � y y 5. It is f leher Understood and agreed that all issues pmtdning to Drug and Alcohol Testing shall be governed by City of South NEami Drug and Alcohol Policy and .Work Mules implemeated on March 1, 2004. Al '1�G111; 33 l T Wj4T RENKFIT9 1 _ Each bargaining Un t employee who refines on IengM of service or Medieal disalsility shall receive a one grade promotion and shall be issued a badge and* identification =d eiearly wed. "retired'. 2_ The following changes m retirement benefits are hereby agreed. to: (a) Fdfective 6a6be£ 1, 1995, the bwnf--fit a=ml ram (multiplier) shall be increased from 19 to 225 °!n; (b) Effie Goober 1, 199x6, the, benefit ac m-d rate ( Lhiglier) shall be �L=m fmin 225% to 2.$0 %; (e) E$"e &e_ Oetobm 1, 1997, the be,, oft accrual rate (multiplier) shall be increased from 2.50f° to 175 %. (d) The rntsitiplier inctor to be applied at the time of retrtesnent of each bargairxing unit amploym shall be npplied as follows: L For an years of service prior to' October 1, 1993, the multiplier shall be 1.6 %. For services ren&Ted daring fisedl year 199f3-94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8%. For spices rendered during October 1, 1994 through Sepptember 29, 1995, the zvultiplier shall be 1.9 %. IL For services rendered from October 1, 1995 through September 30, 1.996, the muliplier shall be 225 %. III. For sm -vices rendered from OCtober 1, 1995 through September 29, 1997, the multiplier Shell be 2.50%. IV.. For services tendered from Sep'tesob°ar 30, 1997 forward, the multiplier shall be 2.75 °I°. 3. gnu g unit employees shall be IOo°yo vested in the retirement plan when tx,.ple6an of ten (10) years continuous M-time ser-vice in >Lhe retirement play is completed. Accordingly, effective October 1, 1993, all bargabipg unit employees in the retirement plan V6D have, as of October 1, 1993, been ten (10) and twenV (20) yms of continums service will be 1 W1 vested. ¢, Eve (7ctnber 1, 2001, the employee conin'but?on to the retirement plan will. be 7S° /a. Should the total coma- bUiion be �y domed to ees ed 15 °l, both the Giiy and thr employees will share equally the excess amo e.q. should the fatal. contl-bufion be achmialiy determined to be 17/0, the City shah contzribute a total of $.Salo and the employees shall contnibute a total of 8-51/16). 5. Effective October 1•, 2601, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum -of $12,498.00 will be paid from the Chapter 1 SS police Retirement fnnds to the South Ivfiami Police Pension • Plan each year, regardless of the grow& or diminution m fit= Chapter 185 funds in partial. exchsage for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan. is m=Lltory for all employees hired after October 1, 1995. 7. Final average compensation shall mean the pardcipanfs annual compensation, as determined by the employer, acting in a in fom " and nondisc�atory manner averaged over the last three (3) year period ending on the participmf s retirement date, date of disability, date of termination of employment or date of termznation of the per, whicheveris applicable. The tT renal retirement date (the earliest date a barg in mg unit employee may retire Width fall unreduced pension bepefits) is the completion of 25 years of credited servir or afEainment of age 60 and. completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a Maidm-cua of four (4) years in the South Msami. Retirement Syste pursuant to procedures to be promulgated by the City in consultation with the FBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to pmmbaw credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Iii Redremen:t System pursuant to prow&nes to be promulgated by the City in comultation with the PBA_ The actuarial and technical language is tD be prepared by actam ial company, approved by The City and the FBA, and adopted by to Pension Board. Any condition or impairment of hmhh of any police officer cmused by tabervalosis, hypertension, heart disease, or hardening of the eateries, resulting in total disability tar. death, shall be presumed to be accidental and suffered in the line of duty, unless the coptary be shown by competent evidence. ARI`1! CITE 34 EDUCAT'IDMAL IN 1. The City agrW3 to bear the cost of tuition for spmiaiized education courses to better equip the officers for the pedvtmanrx of the particular job aadlor position in which they are employed. 2. Every application for Offi=SfiDaal assistm= shalt be subject to the approval of the Chief of Police and the City Manager. Such approval taunt be obtaiiierd at least thirty (30) daps prior to the begirmisag of any come. 3. If any application is approved, guidz nm for reimbursement are as follovi's: a) 50% reimbursement of the course crust for a grade of "C" or b°°tter far undergraduate courses; b) 500A reimbursement of the course cost for a grade of "B" or better for graduate cotases; c) Any such re=imbursement shall be made only upon submission of prof of the grades as provided in mb-- sections a and b above; d) The credit hoar cost of any courses approved shall be capped at the rate used by local publicly funded universities and/or community colleges. 15C the Florida CRA. if the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with -these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. A�gTg R 39 TERM OFAGREXMNT Aeement. shall be effective upon 1. Except as provided herein, all provisions of this gr ratification by the PBA and the City. This Agreement shall remain in f ffl force and effect until and including September 30, 2007. City of South Miami , . By- ' Date: �Mmia� i gD Date: By. M _ J. es n ■ - • 1■ is Agustin Castro, PBA Representative Date: Dom: pate: v EST: Date: �Z3 NI. M =na daz I� 2e City Clerk _Date: Date. Date: 9 ATTEST: Date: /P /S /01 IiI.— 7.7 Section 2. Prior to the first negotiation meeting, the Union strati designate up to two (2) unit employees who will be paid their regular rate of pay. for attending negotlations during- work hours. Such p`ay shall not exceed twenty (20) hours in each fiscal year ARTI�? EMERGENCIES Section I . The Crty Manager shall have the right, in his sole and exclusive discre#ion, to determine if and to what extent an emergency situation exists with respect to City properly and/or to the citizens of the City. Immediately after making such determination, the City Managees offices shall notify the Union of .ffr-- de<:ision, arid, to the extent possible, the length of time the emergency condition is expected to continue. Section 2: During the declared emergency, all provisions of this Agreement may be er suspended. Any provision so suspended will be reinstated upon order of the Cify Whan agar afts the emergency has ended. Sscfion 3. Nsputes concemi6g the Agreement arising during the declared emergency shall not be s ti ct to the grievance and arbitration procedure except disputes Concerning salary and wages. ARTICLE 36 LABOR - MANAGEMENT C© Mi7TEE -there shatl bs a Labor- Manageneerd Committee consisting of no more . than two management representatives designated by the City Manager and no more than two bargaining vnit emplaye.s appointed by the President of fhQ Union.. Tha Labor- Nlanagernent Committee shall meet as mutually agreed upon by the participants, but not lass than quarterly. The sole function of the Corcamitiae shall be to cftwss general matters pertaining to employee relatioas (e.g., safety issues). Thus, the parties agree that the purpose of the Comrnidee shall not be to discuss grievances or matters v" hie been the subject of collective bargaining. Each bargaining unit Committee member shall be paid his or her regular salary for attendanrs at Comrittea meetings during tha bargaining.. unit member's regular work hours. EC 6RTICLE 37 • ere-f a- PFENSION BEN FITS . %I Section f. The parfies wHl form a joint PensilDn Committee to SWCfy the aut:'..nt pension plan for barg .fining unit employees and to s;�g�.st arnendm•..r : {s, if any, to the G:iy Go�n:sSion 23 for consideration regarding changes to said plan. The parties may appoint up to three members each to the Committee; howerrer, one of the City's members shall be the City Manager and one of the .Union's members shalt be the Staff Representative from AFSGME Florida Coundl 79. if the parities are not able to reach agreement on recommendations to the City Commission, bosh sides of the Committee may issue separate recommendations. The recommendations are not binding on the City Commission. Each bargaining unit Cornmrttee member shah b° paid his car her regular salary for attendance at Committee meetings during the c bargaining unit me mbzr's regular wank hours. section 2: 1 he foliovAng changes in the pension are as follows: Effective October 1, 1995, the benefit accrual rte (multipl'�r) shalt t}e In creased from 1.6 to 1.8 ° %. b. Effective October 1, 199% the benefit accrual rate (multiplier) shall ba increased from 1:8 to 2.0 ' c. Effec a October 1, 1897, the brn�rt a=ual rate (muttipCimr} shalt be inereased from 2.0 to 2.25 %. F e ve October 1, 1998, the benefit accrual rate (multipl'�r) shall be increased from 2.25 to 2.5%. Effective October 1, 19°9, the benefit accrual rate (m ipar) shall by increased from 2.5 to 2.75 %. se 'on 3: Ali bargaining unit employees who are employed in post ions covered by the unit on chs eats of this agreement shall re4ive the following pension plan improvements: a. The pension rnuliiplier shall be increased to 2.125 % effective October 1, 20D0, for all bargaining unit members, as part of pension plan improvements, from their pension participattion date through September 30, 1996. b. The pension multiplier shall be increased to 2.250 °fp effective October 1, 2001, for am bargaining unit members as part of pension plan improvements, from their participation date through September 3D, 1997. c. The pension multiplier shall be increased to 2.50 % effeot'rve October 1, 2DQ2, far all bw•gaining unit members as part of the pertsion plan improvements, from their participation date through September 34, 1 M. For the first year of this collective bargaining agreement, : the empioy99 contribution to the retirement plan Vll be 7 %. upon con manc rnent of the second year of the cooed v=a bairgainlr g agrerrnarit and thereafter, should the total 24 contribution be actuarially determined to exceed 14 %, both the City and the employees will share equally the. excess amount (e.g., should the total contribution be actuarially determined to be Is%, the City shall contribute a total of 8.G09ro and the employees shall contribute a total of 8.40 %). ARTICLE 38 WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department Head to temporarily assume the duties of a higher pay status classification for three (3) consecutive work days will receive the pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is higher) for all consecutive hours worked in the higher classification after the above - referenced three (3) consec LWwe work days. ARTICLE 39 TERM OF AGREEMENT AND REOPENING Simon 1-, This Agreement, having been ratified by the City Commission of the City of South Miami and Local 3294, American Federation of State, County, and Municipal Employees, AFL -CI-0, shall be operative and effective as of its date of execution, and shall continue unit September 30, 200L—. _Section 2 Either party may require, by written notice to the other, between April 1 st and not later than .tune 1 st discussions conceming_ modmcatfans of this Agreement on non - financial issues, one issue chosen by the Union, and one issue tbosen by the City. If neither party shall submit such written notice during the. indicated period, this Agreement shall automatically be renewed, in its entirety, for the following fiscal years theraafter. i HIS AGREEMENT signed thisday of AMERICAN FED RATio LOCAL 3294 Marls V. Davls,_ City Mani 0 � j.. _ Doug City Clark r' Staff Representative Union President 25 OF SPOTH MIAMI ate: George Greene, Treasurer Ite: % —,(7 2 0 9. The parties agree that any employee refusing to submit to toxicology or alcohol testing conducted in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. X10. Ind the event. of an on�the_job injury to an employee, >;nc�t.as a result of negligence by -the .... ; ,such,emplayee will be'caiiieii .a`t•":fiill pay . and benefits for a period not io exceed! 180 calendar days. 11.'Any employee injured on the job shall be paid the full eight (8) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 12. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. AIt'lI'>[ME, 33 RF,�' MR MNT BEN1EMS . 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked "retired ". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective .October 1, 1995; the benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 %; (b) ]E`ff'ective October 1, 1996, the benefit accrual race (multiplier) shall be increased from 2.25% to 2.50 %; (c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75°!x. (d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: 1. For all years of service prior to October 1, 1993, the multiplier shall be 1.6 6/o. For services rendered during fiscal year 1993 -94 (October. 1, 1993 through September 30, 1994), the multiplier shall be. 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. II. For services rendered from October 1, - 1995 through September 30, 1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50 %. IV. For services, rendered from September 30, 1997 forward, the multiplier shall be 2.75 %. 3. Bargaining unit employees shall be 100% vested in the retirement . plan when completion of ten (10) years continuous full-time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees.in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 25 4. Effective October 1, 2001, the employee contribution to the retirement plan will be to 15 %, both 7.5 %. Should the total contribution be actuarially deternned exceed the employees will share equally the excess arnouni(shauld the total ' the City and contribution be actuarially determined to be 17 %, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 0/0). in with the new provisions of State Statute 5. ` Effective October 1, 2001, . accordance Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter governing 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1; 1995_ - 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment,' or date of termination of the plan, whichever is applicable. unit employee reti re The retirement date (the earliest date a bargaining ma Y 8. normal with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four be (4) years in the South Miami Retirement System, pursuant to procedures to promulgated by the City in consultation with the PBA 10_ Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Nfami Retirement System pursuant to to be promulgated- by the City in consultation with the PBA- The actuarial procedures and technical language is to be prepared by actuarial company, approved by the City 'or impairment and the PBA, and adopted by the Pension Board. Any condition of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental .and suffered in the line of duty unless the contrary be shown by competent 11. evidence. For Retro and Future Pension Benefits applicable to fiscal years 2001 -2004, see COMPENSATION MATRIX Article icle 2g- ARTICLE 34 EDUCATIONAL WCENTNE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be 'subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: 26 ARTICLE 27 SEVERABII M CLAUSE Should any provision of this Agreement or any.part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal Iegislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall . remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. ARTICLE 28 COMTENSATION 1 _ The following Compensation matrix is agreed (Effective October 1 of the fiscal year): Year COLA Special ktetro Future Employee Risk Pension Pension Pension Pay Contribution 2001 -02 5.00% $30 1.60% 2.80% 7.50% 2002 -03 3.00% $35 1.$0% 2.90% 7.50% 2003 -04 2.00% $40 2.00% 3.00% 7.50%. 2. Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a 7% supplement during the time that the employee performs FTO duties. In order to receive the FTO .supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The 7% FTO supplement will be added to the employee's base pay far the days during which the employee receives such supplement. 3. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive the wages of their acting rank for each full day worked in the higher rank. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. ARTIiCLE 29 PROHIPITION AGAINST R1- OPENING OF NEGOTIfA1liONS 1. Except as specifically provided_ herein, neither party hereto shall be permitted to re- open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and aIl other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 21 t of such abolishment or merger proposal upon this to negotiate concerning the impac Agreement. 2. The abolishment or merger negotiations shall include discussion of provisions fort e placement of personnel in other departments or, in the alternative, severance benefits. ARTICLE 38 AMERICANS VYITfi DISABILITIES ACT 1. Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take . whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City .shall notify the PBA of the action it intends to take to comply with the ABA or the Florida CRA. If the PBA disagrees with hie .Ci o t resolve the he City, the PBA shall immediately request negotiations tY to determine the .parties' mutual obligations to comply with of the sHowever, cans with contention or claim that the City violated any provision Disabilities Act or the Florida-Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ARTICLE 39 TERM OF AGREEMBNT 1. Except as provided herein, all provisions of this Agreement shall be effective upon ratification by -the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2004. 2. Both parties agree that the followin notice either party no titer than July cl �of that third years of this Agreement upon n Y Yom: (a) 55 {10 Retirement (b) DROP Program Dade County Y kO lice Benevole s ciation City of South Miami �v By: �d By: 1�r ger J% Dade Coun PBA m Za /z Date: � Date. �7 TTEST: City Clerk 28 MIAMI DAILY BUSINESS REVIEW f fmb c+msr se<war.sromr w lL�l W tera,d, umoPnaae wear. Rama STATE OF FLORIDA • COUNTY OF MIAMFDADE: Setaro The undersigned auftmy pamonaily appeared O.V. FERSEYRS, who cm carp says that he or she Is the SUPERVISOR, Legal Natleas of tho Miami Dally Business Review t&h Miami Review, a dally (except Saturday, Sunday and Legal Hofdayc) newspaper, pub%hod at Mlarnl fi MIMM -Dade County. Redder plat the attached copy of adveNsemen% c being a Legal Advardsament of Notice in the matter of CITY W SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 200S in the 100LY CmR was published in said newspaper in aro issues of 1 tV272006 Affianl funthersays that the said lAwni Daily Bush ace - Review is a newspapar published atMimrd in said A4ami4Darfe County, Florida and dart the said nayspapar tors hemtafora been continuously published In Bald MlamFDade County, Florida. each clay (except S.Unday, Sunday and Legg Hoddays) and has been entered as, se=,d class rail matter at the post office in Miami in sold MtamFDade County, Sadda, for a period of one year neld ptoeading Sw first publication of the a8aehed copy of advertisement and aHiand furerer says thal he or she has neither paid nor promised any person. firm or erxporatfon any discount, leleft commission or refund for 11w purpose rntiaswsti for publication to doe said Swan to and uub=bod before me dtls 27 day or OCTOBER A.13. ,A.13. 200'6 lFt1u� O.V. FER3EYRE personally known to ma p�r•� CherlsnMa.7ren air con "on DDS U59 �;, � F�p,msuvy +s,xoaa gGa9.�'"- pOw c 5 �x m ?F� G)C lXt °' 500 �COC �R o"'�'�} �D. Z �s s•���_$��'��m g89m.�a4; ma D�4m 3p o m, a czim3�m c6 Id a T3�m s memo am s -� gig to g S �g off' ��m�� mm c3 Srfr Gm a m g G rn Q' r handy guide to this week's `Best Bets' In N anti cable do gossip with your grapatruff!" hing goes better with breakfast rhnn The Miami Herald, delivered. 1-800-441-0444 Tiber 24 ... excited to sleep anyway. LgVI'S& DOCKERS' ouTLET 6rY MOST arrisohlte' Company Stores • Nike Factory Store toryi:BrandStoes • Welcome Home ► Perfumania ...over 45 brand -name stores! r he stores listed are rnerely representative and not necessarily those participating In this sole. PRIME OUTLETS''= FLORIDA CITY intersection of Fi Turnpike & US1 • 8887645 -7196 OUR ANNUAL HOLIDAY BAZAAR 15 HEREg4 INCREDIBLE VENDORS THIS YEAR: Jewelry, Ceramics, Make -up, Gifts, Judaica, Art, Housewares, Clothing,)Crafrs & More Bet Shira Con regation 7500 SW 120th Stree • 305 -238 -2601 �a COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, November 28, 2006, beginning at 7:30 p.m„ in the City Commission Chambers, 6130 Sunset Drive, the City Commission wiil hold Public Hearings to considerthe following items: AN ORDINANCE AUTHORIZING 7HE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,OOD,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL;. APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN. AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16.19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED e EMPLOYEE LABOR ORGANIZATIONS. AN ORDINANCE RELATING TO AREQU STTOAMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY ZONEIHP OVER THE IX STING ZONING USED HISTORIC RICT FOR PRESERVATION OVERLAY AN ORDNANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THEORY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 5925 SW 631d COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -M OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN OVER ZONE (HP -" OVER THE 00STING ZONING USE DI ISTRICT FO��APROPERTY LAY AN ORDINANCE RELATING TO BOARDS AND COMMITTEES; AMENDING SEC2 -26.6 OF THE CODE. OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABIUTY; PROVIDING FOR ORDINANCES IN CONFUC T; AND PROVIDING AN EFFECTIVE DATE. 'ANORDINANCE- PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF. -SOYM- MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 2D-' gb[T}'EL[ifiLED `GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENNEERRAAiTORS IN RESIDENTIAL ZONE DISTROTS' IN ORDER TO CORRECT ..A, TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR-OPENING INTO A DWELLING, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF LOTS '1' AND 12" ON PROPERTY SPECIFICALLY LOCATED AT 6240 SW 65TH AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN RS-3 'LOW DENSITY RESIDENTIAL ZONING DISTRICT' AS PERMITTED TRY PROVISIONS PERTAINING TO WAIVER OF PLAT AS SET .FDRTH IN SECTION 2042 (B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE MIAMI DADE COUNTY CODE; THE PURPOSE OF THE WAIVER OF nm is TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT '1' AND THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT77ROVIONG FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE -Above Rems can he inspected. In the City Clerk's Office, Monday - Friday during regular office hours Ifyou have any irquirles on the above items please cordact the City Clelkis office at 305 663 -632& ALL interested parties are invited to attend and will be heard. Maria K Menendez, CMC City Clerk . Ptnsuei to Florida S*t. 286.0105, the City hereby advises the publle that I a person decides to Tpeat any decision made by this Board. Agency or Commtssbri wlth respect to any matter considered sL ib maetina•oi heating, he or she wff need a record of the proceedings, and that Ion such purpose, N w m f w a 0 z Q u7 S Q~ LU cE N 0 a 2005 Ordinance ( Ordinance No. 06 -05 -1828 - Agreement with State on 185 Funds). ORDINANCE NO. 06 -05 -1828 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide compliance with required minimum benefits provided in Chapter 185 of the Florida Statutes for police officer employees in order to continue to receive state premium tax funding; and WHEREAS, the City recognizes that such minimum benefits will actuarially impact on the Pension Plan and shall be at the option of certain employees; and WHEREAS, there are funds available in excess in the 185 Share Plan Police Retirement account as shown by the actuarial impact statement provided by the actuary to pay for the proposed improvements; and WHEREAS, the City Corrunission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions governing the South Miami Pension Plan, Section 16 -13 of the South Miami Code of Ordinances is hereby amended to read as follows: . Sec. 16-13. Eligibility. (a) Each employee employed by the employer on October 1, 1965, shall be a participant on the first participation date on which he has completed two (2) years of credited service and has attained his twenty -fifth birthday. (b) Each employee who becomes an employee subsequent to October 1, 1973, shall be a participant on the first participation date on which he /she has completed six (6) months of credited service and has obtained his /her Page 1 of 4 Ord. No. 06 -05 -1828 twentieth birthday. For all current employees as of October 1, 1995, each fiscal year there will be a window for joining the retirement system; i.e. October 1st through October 31st. It shall become mandatory for all employees hired on or after October 1, 1995, to join the pension plan after completion of the probationary period. (c) Each employee classified as policemen shall become eligible to participate in the plan from his/her date of emplo m� provided he /she began participation in the plan when first eligible as provided in sub - section (a) & (b) of this section. (d) An employee who has received a cash payment under Option 1 of Ssection 16 -17(b) may elect to participate in the plan upon meeting the following requirements: 1. Election to participate must be made within thirty (30) days of receipt of notice of eligibility to participate. 2. Such employee had received a cash payment under Option 1 of section 16- 17(b). 3. Such employee pays to the employer an amount equal to the amount of cash payment he received under Option 1 of section 16- 17(b), plus credited interest compounded annually at the rate of three (3) percent per annum. from the date on which such cash payment was made to the date of such repayment. Participation under this section will be effective as of September 1, 1977. In determining an employee's credited service at any future date, there shall not be included any service during which the employee did not participate under this plan. Section 2. Section 16- 14(b)(1) of the South Miami Code of Ordinances is hereby amended to read as follows: See. 16 -14. Pension benefits and retirement date. (b) Amount of pension. Basic benefit. A basic benefit commencing at the employee's normal retirement date determined by multiplying one and six- tenths (1.6) percent of the employee's final average compensation by the number of his /her completed years of credited service at his or her retirement date, excluding the first two (2) years of such service and any additional service completed by the employee prior to his/her twenty -fifth birthday. However, as to those participants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six Page 2 of 4 Ord. Noe 06 -05 -1828 (6) months of such service and any additional service completed by him/her prior to his/her twentieth birthday and/or additional service completed by the employee prior to the time the employee became a participant. For sworn police personnel, effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services perfonned in the 1993 -94 fiscal year; effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96 fiscal year; the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50, effective October 1, 1996, for services performed in the 1996 -97 fiscal year; the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75, effective October 1, 1997, for services performed in the 1997 -98 fiscal year and thereafter. The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as prescribed in the 1992 -93 and 1995- 96 collective bargaining agreements. Provided however, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two percent (2.0 %) for all years of service. Effective October 1, 1995, the pension benefit accrual rate (multiplier) for participants, excluding police personnel, shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal year; effective October 1, 1996, the pension benefit .accrual rate (multiplier) for participants, excluding police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year and thereafter. Section 3: 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 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this /,5 - day ofw�c, 2005 ATTEST: APPROVED- Y CLERK M WV O 1St Reading - 11/16/04 2"d Reading- 3/15/05 Page 3 of 4 Ord. No. 06 -05 -1828 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4 -0 Mayor Russell: Yea a76Mhy Vice Mayor Palmer: absent Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea Commissioner Wiscombe: Yea G: \ \S M P RP LAN \Prov i deEl i gi bi l ity- Employment - Police -O R DN Page 4 of 4 South Miami o� sour�i All- America City 7- . CITY OF SOUTH MIAMI INCORPORATED oFFrc ®F 7-HE CpY AfA NA GER isz7 it � f INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor bate: March 15, 2005 and City Commission From: Maria V. Davis ag Subject: Agenda Item # City Manager 11/16/04 Commission Meeting Amending the Police Pension Plan REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM. RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Background The 'attached ordinance. was prepared by the City Pension Attorney to improve the pension plan benefits for our Police Officers at nok cost to the City, using the Chapter 185 funds received annually from the State of Florida. The source of the funds is .85 percent of gross receipts from policyholders on all premiums collected on casualty insurance policies covering properties within the City's jurisdiction. State laws restrict the use of these funds to payment of supplemental benefits to retiring Police Officers. This benefit is accrued annually by all Police Officers participating in the City pension plan using a State approved .allocation method. Any available excess funds after the allocation are used to provide improvements to the plan. As of last fiscal year, there is an available excess amount of $77,000 that can be used to purchase improvements to the plan for officers. RECOMMENDATON Approval of the ordinance is recommended. SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman* 2801 Ponce De Leon Boulevard Howard S. Susskind Suite 750 Kenneth R. Harrison, Sr. Coral Gables, Florida 33134 (30 David E. Robinson 529 -2801 D. Marcus Braswell, Jr. eroward 327 -2878 Toll Free 1 -800- 329 -2122 Facsimile (305) "7-8115 t Board certified Labor & Employment Lawyer June 21, 2004 City Commission City of South Miami c/o Maria Davis, City Manager 6130 Sunset Drive South Miami, Florida 33143' Re: Summary of Proposed Ordinance Amendment - - City of South Miami Police Officers' Retirement Plan Dear Commission Members: This firm represents the City of South Miami Police Officers' Retirement Plan Our client has directed that we provide' an -overview of the enclosed proposed ordinance amendment to be considered by the City Commission. The Board of Trustees of the Police Officers' Retirement Plan recommends adoption of this proposed ordinance amendment to the existing code in order to comply with specific minimum requirements of Chapter 185 of the Florida Statutes. Florida Law 99 -1 specifically required municipalities that receive state contributions under Chapter 185 of the Florida Statutes to provide certain minimum benefits and operational requirements. The City of South Miami receives such state contribution for its Police Officers' Retirement Plan. The following summarizes the necessary amendments to the existing code in order to comply with specific minimums established by the state legislative action and Florida Law 99 -1. Section 16 -13. Eligibility. This section of the code provides for different participation dates depending on employment date of employees. Section (a) required a two year period of probation before participation in the Retirement Plan was allowed. Subsection (b) states that employees hired on a different date, a six month probation and the necessity of obtaining a participant's 2& birthday must occur before participating in the Retirement Plan. Further, this section provided a third provision that completion of a probationary period was necessary for employees hired on any other date in order to enter the Retirement Plan. Chapter *185 of the Florida Statutes requires mandatory participation in pension plans commencing on date of employment. Therefore, Subsection (c) has been added that allows participation from date of employment to comply with this requirement of the state statutes. Section 16 -14. Pension Benefits and Retirement Date was amended to add a specific sentence at the end of Subparagraph (b)(1) which addressed the basic benefit and contained certain limitations therein. The addition of this paragraph stated that the benefit accrual rate for police officer participants may not be less than 2% for all years of service. This specific language is required in Chapter 185 of the Florida Statutes. By copy of this better we are requesting that the Retirement flan actuary provide an impact statement for your consideration prior to final reading and enactment of this ordinance amendment. We remain available to respond to any questions you may have on this matter. Yours truly, N 1Z. HARRISON, SR. . MMMM Enclosure cc: Board of Trustees Larry Wilson, Actuary, Gabriel, Roeder, Smith & Co. G:\\ SMPFTLAWummaryotPropmedOr4L ,b=d- WityMg GABRIEL, ROEDER, SMITH a COMpAIVy Consultants & Actuaries August 16, 2004 301 East Las Olas Blvd. a Suite 200 o Ft. Lauderdale, FL 33301 -2254 a 954.527 -1616 • FAX 954-525-0083 Ms. Haydee Lopez Benefits USA, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, FL 33319 Rte: South Miami Pension ]Plan Dear Haydee: As requested, we are pleased to enclose three (3) copies of the Actuarial Impact Statement for filing the proposed Ordinance for the South Miami Pension Plan with the State of Florida. The proposed Ordinance (copy attached) will allow Police Officers to participate in the plan from date of employment and credited service shall be continuous employment provided that participation began at first eligibility. The proposed change in eligibility is a minimum benefit required under F.S 99 -1 for Police Officers. Our records show, the Chapter Fund held a reserve .for unused excess State funds of $65,275 as of September 30, 2003. The proposed Ordinance includes release of the reserve to the South Miami Pension Plan. In addition, the increase in the annual cost ($25,282) is assumed to be paid by current and future State funds. Please note that this Statement must be signed and dated on behalf of the Pension Board. Copies of the proposed Ordinance following passage at first reading along with the signed and dated Actuarial Impact Statement should be filed with the State prior to passage at second reading at the following addresses: Mr..Charles Slavin, A.S.A. Ms. Patricia Shoemaker Division of Retirement Division of Retirement Cedars Executive Center. Building C Cedars Executive Center. Building C 2639 North Monroe Street 2639 North Monroe Street Tallahassee, Florida 32399 -1560 Tallahassee, Florida 32399 -1560 Please forward a copy of the ordinance upon passage at second reading to update our files. The employee census and financial data utilized .in the preparation of this Actuarial Impact statement are the same as utilized for the October 1, 2003 Actuarial Valuation. Ms. Haydee Lopez August 16, 2004 Page Two The undersigned is a Member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein.. If you should have any question concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards, Lawrence F. Wilson, A_S.A. Senior Consultant and Actuary Enclosures cc: Mr. Ken Harrison, Esq. GABP.dE4 PoOEDEp, SMITH Sc COMPANY South Miami Pension Plan Actuarial Impact Statement as of October 1, 2003 Police Officers Actuarial Proposed A. Participant Data Valuation Ordinance I . Active participants 50 50 2. Terminated vested participants 1 1 3. Participants receiving benefits including DROPs 8 8 4. Annual payroll of active employees $ 3,350,992 $ 3,350,992 B. Assets 1. Actuarial value $ 6,732,468 $ 6,797,743 2. Market value $ 6,081,957 $ 6,147,232 C. Liabilities 1. Actuarial present value of future expected benefit payments for active members a. Retirement benefits b. Vesting benefits c. Death benefits d. Disability benefits e. Refunds f. Total 2. Actuarial present value of future expected benefit payments for terminated vested members 3. Actuarial present value of future expected benefit payments for those currently receiving benefits a. Service retired b. Disability retired c. Beneficiaries d. Miscellaneous e. Total 4. Total actuarial present value of future expected benefit payments 5. Actuarial. accrued liabilities 6. Unfunded actuarial liabilities -2- GABRIEL, ROEDER, SMITH & COMPANY $ 11,328,815 782,661 53,304 285,446 206,750 $ 12,656,976 $ 11;580,543 843;728 51,943 286,980 190,383 $ 12,953,577 $ 258,298 $ 258,298 $ 875,520 0 166,487 15,959 $ 1,057,966 $ 13,973,240 $ 9,227,670 $ 2,495,202 $ 875,520 0 166,487 15,959 $ 1,057,966 $ I-4,269,841 $ 9,502,196 $ 2,704,453 South Miami Pension Plan Actuarial Impact Statement as of October 1, 2003 Police Officers Actuarial D. Statement of Accumulated Plan Benefits Valuation 1. Actuarial present value of accumulated vested benefits a. Participants currently receiving benefits b. Other participants c. Total 2. Actuarial present value of accumulated non - vested plan benefits 3. Total actuarial present value of accumulated plan benefits E. Pension Cost $ 1,042,007 3,520,127 $ 4,562,134 622;216 Proposed Ordinance $ 1,042,007 3,735,452 $ 4,777,459 560,180 $ 5,184,350 $ 5,337,639 1. Total normal cost $ 569,894 $ 576,093 2. Payment .required to amortize unfunded liability 202,473 219,683 3. Interest 30,187 32,060 4. Total required contributions $ 802,554 $ ... 827,836 5. Item 4 as a percentage of payroll 23.9% 24.7% 6. Estimated employee contributions $ 361,518 $ 361,518 7. Item 6 as a percentage of payroll 1, 8% 1, g8 8. Estimated State contributions $ _ 110.8 $ 310.80 9. Item 8 as a percentage of payroll 0.4% 1.1% 10. Net amount payable by City $ 428,538 $ 428,538 11. Item 10 as a percentage of payroll 12.8% 12.8% F. Disclosure of Following Items• 1. Actuarial present value of future salaries - attained age $ 31,720,433 $ 3I,453,407 2. Actuarial present value of future employee contributions - attained age $ 2,379,032 $ 2,359,005 3. Actuarial present value of future contributions from other sources N/A N/A 4. Amount of active members' accumulated contributions $ 1,118,955 $ 1,118,955 5. Actuarial present value of future salaries and future benefits at entry age Not provided by software 6. Actuarial present value of future employee contributions at entry age Not provided by software -3- 3ABRIEl, ROEDER, SMITH & CoMpANy South Miami Pension PIan . Actuarial Impact Statement as of October 1, 2003 Police Officers G. Amortization of Unfunded Actuarial Accrued Liability Remaining Unfunded Amortization Funding Date Established Liability Payment Period . 10/01/1990 Assumption Method Change $ (111,250) $ (11,293) 17 years 10/01/1991 Actuarial Loss (Gain) (82,013) (8,103) 18 years 10/01/1992 Plan Amendment (6,611) (637) 19 years 10/01/1992 Actuarial Loss (Gain) (176,651) (17,032) 19 years I0/01/1993 Actuarial Loss (Gain) (39,396) (3,715) 20 years 10/01/1993 Plan Amendment 211,614 19,957 20 years 10/01/1994 Actuarial Loss (Gain) 62,749 5,800 21 years 10/01/1994 Assumption Change 26,117 2,414 21 years 10/01/1995 Actuarial Loss (Gain) (176,836) (16,051) 22 years 10/01/1995 Plan Amendment 253,853 23,042 22 years 10/01/1996 Actuarial Loss (Gain) (100,436) (8,967) 23 years 10/01/1997 Actuarial Loss (Gain) (190,172) (16,724) 24 years 10/01/1998 Actuarial Loss (Gain) (302,323) (26,223) 25 years 10/01/1.999 Actuarial Loss (Gain) (96,311) (8,249) 26 years 10/01/1999 Plan Amendment 126,894 10,869 26 years 10/01 /2001 Actuarial Loss (Gain) 1,032,446 86,505 28 years 10/01/2001 Method Change (519,257) (43,506) 28 years 10/0I/2001 Plan Amendment 812,417 68,069 28 years 10/01/2002 Actuarial Loss (Gain) 775,068 64,315 29 years 10/01/2002 Plan Amendment 193,557 16,061 29 years 10/01/2003 Actuarial Loss (Gain) 563,535 46,349 30 years 10/01/2003 Plan Amendment 238,208 19,592 30 years 10/01/2003 Proposed Ordinance 209,251 17,210 30 years TOTAL $ 2,704,453 $ 219,683 This actuarial valuation and/or cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statutes. There is no benefit or expense to be provided by the Plan and/or paid from the Plan's assets for which liabilities or current costs have not been established or otherwise taken into account for in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. Enrollment Number: 02 -2802 Lawrence F. Wilson, A.S.A. Dated: August 16, 2004 -4- GABREEL, ROEDER, SMITH & COMPANY South Miami Pension Plan Outline of Principal Provisions of the Retirement Plan A. EffectivoDate: October I, 1965. Most recent resolution / bargaining agreement was adopted July 23, 2002. B. Eligibility Requirements: I. General Employees Any regular full -time employee is eligible to enter the plan following the completion of six months of Credited Service and attainment of age 20. 2. Police Officers Any regular full -time Police Officer is eligible to enter the plan as of date of employment. C. Credited Service: 1. General Employees . Continuous employment. Credited service shall exclude continuous employment prior to plan participation as follows: (1) If employed prior to October 1, 1973, credited service shall exclude the first two years of continuous employment and any additional year of continuous employment prior to attainment of age 25. (2) If employed on or after October 1, 1973; credited service shall exclude the first six (6) months of continuous employment and continuous employment prior to age 20. 2. Police Officers Continuous employment. For Police Officers who did not participate when first eligible for the plan credited service shall- exclude continuous employment prior to plan participation as follows: (1) If employed prior to October 1, 1973, credited service shall exclude the first two years of continuous employment and any additional year of continuous employment prior to attainment of age 25. (2) If employed on or after October 1, 1973, credited service shall exclude the first six (6) months of continuous employment and continuous employment prior to age 20. D. Final Monthly Compensation (FMC): Final Monthly Compensation is 1 /36th of the final 36 consecutive months of compensation. For Police Officers, not less than 1 /5th of the highest five (5) years. out of the last (10) ten years of compensation. Compensation shall mean regular wages and salaries, excluding bonuses, overtime pay, vacation, sick leave and other additional compensation. .5- GABRlE'L, ROE ®ER, SMI -rFj & coMpANy South Miami Pension Plan Outline of Principal Provisions of the Retirement Plan E. Normal Retirement: 1. Eligibility: a. General Employees: Attainment of age 55 and completion of ten (10) years of credited service. b. Policevfficers: Attainment of age 60 and completion of ten (10) years.of credited service or completion of twenty -five (25) years of credited service regardless of age. 2. Benefit: The monthly plan benefit is the product of: a. FMC, b. Credited service during the appropriate period and c. The appropriate benefit percentage The appropriate benefit percentages are: a. General Employees For Credited Service Percentage Through September 30, 1999 2.50% October 1, 1999 and thereafter 2.75% b. Police Officers For Credited Service Percentage Through September 30, 1995 2.00% October 1, 1995 through September 30, 1996 2.25% October 1, 1996 through September 30, 1997 2.50% October 1, 1997 through September 30, 2001 2.75% October 1, 2001 through September 30, 2002 2.80% October 1, 2002 through September 30, 2003 2.90% October 1, 2003 and thereafter 3.00% F. Supplemental Benefit: A cost -of- living supplemental benefit based upon the consumer price index is provided upon retirement. The annual increase is limited to 3 %. -6- GABRCEL, ROEDEk SMITH 9, coMpANy South Miami Pension Plan Outline of Principal Provisions of the Retirement Plan G. Early Retirement: 1. Eligibility: Attainment of age 60 (age 50 for Police Officers) and completion of 15 years of credited service. 2. Benefit: Accrued benefit based upon FMC and credited service as of early retirement date, reduced 6% (3% for Police Officers) for each year that the benefit commencement date precedes Normal Retirement. H. Delayed Retirement: I. Eligibility: Retirement subsequent to normal retirement date. 2. Benefit: Accrued benefit based upon FMC and credited service as of delayed retirement date. I. Disability Retirement 1. Eliibility: Totally and permanently disabled for a six month period while actively- employed. 2. Benefit: Accrued benefit based upon FMC and credited service as of date of disability, actuarially reduced as for early retirement for early commencement. J. Pre - Retirement Death Benefit: The beneficiary shall receive the member's accumulated employee contributions. K. Benefit Upon Termination of Service: 1. Benefit payable at normal retirement equal to the greater of a. Accrued benefit based upon FMC and credited service as of date of termination times the vesting percentage shown below, or b. Benefit which can be supported by the accumulated member contributions with interest to normal retirement date. No supplemental benefit shall be payable to vested temunees until they commence receiving . benefits. -7_ GABRIE4 ROEDEER, SMITH & CON1pANy South Miami Pension Plan Outline of Principal Provisions of the Retirement Plan s 2. Vesting Schedule: Years of Vesting Credited Service Percentage. . Less than 10 0% 10 or more years 100% 3. Refund Option: A terminated member may elect to receive a refund of accumulated contributions (with 3% interest for General Employees) in lieu of receiving any other plan benefits. L. Member Contributions: Members contribute 7% (7.5% for Police Officers) of member's basic annual compensation. Should the City contribution for General Employees be actuarially determined to exceed 12% (9.5% for Police Officers), both the City'and the General Emplo yees will share equally in the amount in excess of-' 2% (9.5% for Police Officers). M. Normal Form of Retirement Income: The normal form of payment shall be a life annuity with a guarantee of a refund of accumulated employee contributions. N. Changes Since Previous Valuation: Prior to proposed Ordinance, for Police Officers: 1_ ,Fli 'bL1i Service: Any regular fall-time employee was eligible to enter the plan following the completion of six months of Cre6ted Service and atiaiRment -of age 20. 2. Credited Service: Continuous employment. Credited service shall °, -:' Jude continuous employment prior to . plan participation as follows: (1) If employed prior'W kN1,L -ber 1, 1973, credited service shall exclude the first two years of continuous employmenf iii:=:: -I-aw additional year of continuous employment prior to attainment of age 25. (2) If employ or after October 1, 1973, credited service shall exclude the first six (6) months of . ` : `'uuous employment and continuous employment prior to age 20. -8- GASRIEL, ROEDER, SMITH & COMPANY South Miami Pension Plan Actuarial Assumptions and Actuarial Cost Methods Used in the Valuation A. Mortality For healthy active lives, the 1983 Group Annuity Mortality Table was used with separate rates for males and females. For disabled lives, the 1985 Pension Disability was used with separate rates for males and females. B. Interest to be Earned by Fund 8.0 %, compounded annually. C. Allowances for Expenses or Contingencies Actual expenses paid in previous year. D. Employee Withdrawal Rates Withdrawal rates for males and for females were used in accordance with the following illustrative example- . : Pex :10b: Eja ..Males: 20 .22.5 _ 25 h,:..( la L.._: _ A ;'.iti csr t3 k;gai:� €L',•`- c.�.•;. :.;�:;. �Yr,E`..;.�'.,Y.�; ''i-•� .'T �,r =r - '�f{4�i.':•!:: �, -F;::" ^`�:-iL•,. ;.J- (Iy.(� {{• ni�:L.�•'�+�W 5 •..L' `r ='C� - .r �•.�•� •��ccyy���y Tr :�`�•4tc�7c E. Disability Rates 1985 Disability study, Class 1 with separate rates for females was used. F. Marital Assumptions 100% of active members are assumed to be married. Where applicable, females are assumed to be three years younger than their male spouses. -9- G ABREE'L, ROE ®ER, SMIT" & COMPANY Y South Miami Pension Plan Actuarial Assumptions and Actuarial Cost Methods Used in the Valuation G. Salary Increase Factors Current salary is assumed to increase at an annual rate equal to 6.0% per year. H. Retirement Rates Members are assumed to retire on their normal retirement date, minimum one year of fixture service. Rates of early retirement for Police Officers were used in accordance with the following illustrative example: Fears Preceding Early Retirement Rates Norm retirement Pet 100 Police Officers =: 1'-5 2 6 5 2 I. Valuation of Assets The method used for determining the actuarial value of assets phases in the deviation between the expected and actual return on assets at the rate of 20% per.year.. The actuarial value of assets will be further adjusted to the extent necessary'to fall within the corridor whose lower limit is 80% of the fair market value of plan assets and whose upper limit is 120% of the fair market value of plan assets. J. Cost Methods Normal Retirement Termination Disability and Pre - Retirement Death Benefit: Entry -Aize- Actuarial Cost Method Under this method the normal cost for each active employee is the amount which is calculated to be a level percentage of pay that would be required annually from his date of hire to his retirement age to fund his estimated benefits, assuming the Plan had always been in effect. The normal cost for the Plan is the sum of the individual normal costs for all active participants. The actuarial accrued liability as of any valuation date for each active employee or inactive employee who is eligible to receive benefits under the plan is the excess of the actuarial present value of estimated future benefits over the actuarial present value of current and future normal costs. The unfunded actuarial accrued liability as of any valuation date is the excess of the actuarial accrued liability over the actuarial value of assets of the Plan. K. Changes Since Previous Valuation None -10- GABRtES„ ROEDER, SIViET -9 & COMPANY South Miami Pension Plan Actuarial Impact Statement as of October 1, 2003 A. Description of Proposed Amendment (see attached Proposed Amendment) Police Officers shall participate in the Plan from date of employment. For Police Officers, credited service shall be continuous employment provided that participation began at first eligibility. B. An estimate of the cost of implementing this amendment (see attachment) C. In my opinion, the proposed changes are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. Chairman, Retirement Committee Date Nov 22 04 03:46p To: JEANETTE ENR.VO, Fax: 305 $636345 CITY OF SOUTH MIAMI From: HAYDEE LOPEZ Date: 11, 22104 Re: MINUTES Pages 6 REGARDING BALLOTS CC: Benefits USA, Inc. 3810 Inverrary Blvd #208' Lauderhill, FL 33319 954- 730 -2068 Fax 954- 734 -0738 P.I •�.i' - ''`tt�1.1 �3N c ilt:. �., 7 \•.'r1ti -�.1 <. i13• •' Wit.= - .t =. • .. i i , •y � {• :: H.ft.::: Nov 22 04 03:4Gp MY OF SOUTH MIAMI PENSION FUND .M11'VV PES JA y VaR 27, 20'30 Chairman Fulton called the meeting of the Board of Trustees of the City of South Miami Pension Fund to order at 9:10 a.m., at the City Cc mmission Chambers of the City of South Miami. TRlJMES PRESENT.- Eric Fulton, Maria Stout Tate, Rick Freeburg, Frank Gilbert and Bruce Ross O'T'HERS PRESENT. Fund Attorney David Rob nson; Tim Nash of Trusco Capital Management and Administrator Haydee Lopez of Be: refits USA, Inc. APPROVAL O1F MFMTES: A motion made by Ms. Stout -Tate to approve tt a minutes of the regular meeting December 8, 2003 was seconded by Mr. Freeburg. T he motion carried. CONSENT AGENDA: Sugarman & Susskind, PA(Inv#2771 I Legal Fee) $2,500.00 Benefits USA, Inc. (January, 2004: Adm Fee) $990.00 Salem Trust Company (10/1/03-12/31 /03 Custodian I ee) $1,802.10 Gabriel, Roeder, Smith fir Compaay`(Inv#89185) $43585.00 A motion by 11/ . Sotut -Tate to approve the cony ent agenda was seconded by Mr. Freeburg. The motion passed. UNFMSEIED BUS SS: Status of Pending Annuity Policy — Attorney Robinsi �n reviewed a letter prepared by his office dated January 22, 2004 as directed by the Tr istees. Attorney Robinson reported that there has been no response form the City as of yet. Chairman Fulton directed the Fund Attorney to follow up within 30 days. Attorney Robinson reported they would do so. Trustee Vacancies and Expired Terms- Attorney Rot nnson reviewed a letter prepared by his office dated January 22, 2004. Ms. Stout -Tate ;advised the Trustees that she has a possible applicant for the Board who lives in SoUi Miami. Attorney Robinson also reviewed a letter prepared by this office regarding th.: make up of the board Fallowing review, it was noted that the Fund Attorney did not h,- ve the amended Ordinance because the ordinance had changed from five to seven members. The Administrator was directed to contact the City Clerk and provide the Fund Attorn by with the amended Ordinance. It was noted they would do so. The Trustees directed th,, Fund Attorney to revise the letter. Nov 22 04 03:47p p.3 BALLOT RESULTS RE: CHAPTER 99 -1 M i 4UM BENEFITS Ms. Lopez reported on the ballot results regarding tl to Chapter 99 -1- Minimum Benefits. It was noted that I7 pension fund members chose Oj ition #2 which was Provisions 7 and 8; 2 pension fund members chose Option l which was Provisions 3,4,5 and 7; and 2 pension fund members chose Option 3 which was held the monies in reserve. Following discussion, the Trustees. directed the Fund Attorne', to draft an Ordinance to fund the Minimum Accrual Rate at an annual cost of $103.00 and the Credited Service Definition at an annual cost of $26,473.00. It was noted that t le Fund has $28,333 in excess state funds to apply towards the annual cost of these two minimum benefits. Attorney Robinson noted they would do so. REPORTS Attorney- No further report. Chairman- No fiirther report Secretary — No further report Administrator- Ms. Lopez reported that the Ines tment Agreements between Trusco Capital Management and the. Fund were in order an( had been signed by all appropriate parties. A copy of the Investment AgretI,=Ients wu..c .in the Trustees packets for their records. The next meeting date was scheduled for April 27, 20 A at 9:00 a.m. A motion by Mr. Ross to adjourn the meeting at 9:3 5 a.m. was seconded by Ms. Stout - Tate. The motion passed. Mr. Tim Nash of Trusco Capital arrived at 9 :35 a.: n. to present his firms Investment Report for the quarter ended December 31, 2003. A n lotion by Mr. Ross to reconvene the meeting at 9:35 a.m.was seconded by Ms. "tout -Tate. The inotion passed INVESTMENT REPORT FOR QUARTER ENDE D DECEAOER 31, 2003 Mr. Tim Nash was present to provide his report for th,: quarter ended December 31, 2003. Mr. Nash reported that now that the investment Agree ments have been signed the 2 fixed income portfolio were purchased on December 31, 20 )3. Mr. Nash stated that the market value of the Fund as of December 31, 2003 was $12,03,695. Mr. Nash reported that the investment returns for the total Fund was 6.55% as of December 31, 2003. The investment returns for the equity portfolio was 10.6 % vs. 12.18% and the investment returns for the fixed income portfolio was 1.06% vs. 0.14% for the quarter ended December 31, 2003. Mr. Nash reported that the ass at allocation is as follows: 63.2% Equity; 33.9% Fixed Income and 2.9% Cask P Nov 22 04 03:47p Mr. Nash reported that the S & P 500. rose 12.2% on a total return bases in the 40' quarter. The index was up 28.7% for all of 2003 and this was the largest increase since 1997. Mr. Nash stated that all ten sectors in the S & P 500 incre ised in the 4t' quarter and small caps generally outperformed large cap stocks during the 4" quarter. Mr. Nash reported that the expansion in the economy, supported by continued fiscal and monetary policy will support further earnings growth and higher stock prices and the Fund will remain overweighted in equities. Mr. Nash reported the Lehman Aggregate Bond index rose 0.32% on a total return basis during the fourth quarter. It was noted that this was the fourth consecutive positive year for the index. Mr. Nash believes that the 20 year secular decline in interest rates is ending, a sharp rise from this point is unbkely over `he near term given current Federal policy and the vulnerability of interest sensitive secto•'s. As a result, Trusco is positioning Portfolio durations neutral relative to benchmarks in )rder to allow the portfolio to "out - yield" the market, during this Iow bond yield period. Mr. Nash inquired regarding the best execution letter. Attorney Robinson reported he would draft a letter. A motion by Mr. Freeburg to d aft a letter and have the Chairman sign as soon as possible was seconded by Ms. Stout -T; ;te. The motion passed. A motion by Mr. Freeburg to adjourn the meeting a Stout-Tate. The motion passed. Secretary 10:10 a-M. - was seconded by Ms. I. p.4 Nov 22 04 03:47p CV O �y G a R O Q C i.+ '?J O R ,C b Q � L 4: n t� � Q �Y '-0 nc 1 U L OJ F*K W ;�d o P.5 en 0 0 N PLI t<i N G • 'D i4 t. N O v co cl 44 It CV tcie C C u s 'U d Psi i 3 rsov cc u-4 Ua: 48p y 'j � � � w�a� � a�,� V '� obi o� ci OON °O" >U" C, a, .°U, :`6 tu ON a y C U OC-4 cl aC N M ON ,'R7 C N O N � 4 ca N w m ° O �-+ Cl O 00 0 La N d o "° o q N a� N ° °' c en o � " Si ° Mrs 15, 0 cis !Cl1CV A L 01 RO O h j p ,-i U ".4 ti �N+ a) Ci o .� . cis Iii 0 r� �i 0 m �C 7cdi .� N o. en ol En 0 U O% 03 ON \'dr N 00 ON C-4 01 Q? .r ON N 4a1 N Cl Q] y O o al Q Ll o0 PC U O o O O �n v O Co O p.6 r, 0 0 N m N O� b a •d C cl 0 - r MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally:appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami. Daily Business Review f/Wa'Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy (if advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING- 12/7/2004 ORDINANCE AMENDING SECTION 20 -3.6 (H) (2) (C), ETC. in the XXXX Court, was published in said newspaper in the issues of 11/26/2004 Affiant further says that the said Miami Daily�Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday`and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing th,%.adver0se for publication in the said newspaper. / Sworn to and subscribed before me this 26 d of BE I �.�AD* 2004 (SEAL) O.V. FERBEYRE personally known to me ;, Maria 1. Mesa � 4 Q My Commission DD283855 .4 Exoires March 04.2008 i -DA ti L. A 10,ta2t91 �t 7 -r If•.t$,;J4; Sa0ndM11[,t �'1 41111 111''kildllli. l� K # �Fs!A- .1-iIjF!1 :6a q On Tuesday, December 7, 2004; beginning at 7:30 p.m:, ' in the City Commission Chambers, 6100 Sunset-.''Drive,. the City. Commission will hold Public • Hearings to consider the following items: - .. . . AN ORDINANCE AMENDING THE•LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO .ELIMINATE THE REQUIRED MINIMUM. 60% -OPEN AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A RIGHT-OF.-"WAY. AN ORDINANCE AMENDING THE ' CITY. OF* SOUTH MIAMI PENSION' PLAN, PROVIDING. FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE. OFFICER EMPLOYEES OF THE CITY OF- SOUTH MIAMI; PROVIDING .FO.R A MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES. A RESOLUTION PURSUANT TO THE LAND DEVELOPMENT' CODE FOR RELEASE OF A UNITY* OF.TITLE: FOR PROPERTY LOCATED AT 320 SW 60th COURT AND. LEGALLY DESCRIBED -AS LOTS 1 AND 2, BLOCK 1, HARRIS ESTATES SUBDIVISION; THE PURPOSE OF. THE *REQUEST IS TO PERMIT A RESIDENTIAL BUILDING TO BE CONSTRUCTED ON LOT 2. A RESOLUTION. FOR ' APPROVAL--.' OF THE FOLLOWING TWO: PARKING VARIANCES IN;ORDER-TO PERMIT - PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN °`RO "RESIDENTIAL OFFICE_ ZONING USE DISTRICT TO 'BE USED AS'.A COMMERCIAL•OFFICE. BUIWING:'(1) VARIANCE FROM THE LAND DEVELOPMENT CODE, TO ALLOVIi'.•-FOUR 'OFF- STREET PARKING SPACES WHERE -THE ' REQUIRED .OFF: ST ' REET .PARKING IS FIVE SPACES; (2) VARIANCE FROM THE LAND DEVELOPMENT CODE' TO ALLOW REQUIRED PARKING. TO BE LOCATED IN THE FRONT SETBACK - AREA WHICH IS PROHIBITED IN THE Rd ZONING USE DISTRICT:. Inquiries concerning this item should be directed to the Planning Department at 305 -663- 6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez City Clerk Pursuant to Florida $tatu #es 286.0105, the .City hereby advises the public that if a person decides to appeal any . decision made by this 'Board, Agency or • Commission " with .respect to any matter considered at its meeting or hearing, he or she will need'a record of the proceedings, 'and that for such purpose, affected person may, need to ensure that a verbatim 'record of the proceedings is made which record includes the testimony.and evldence upon which the appealAs Ito be based. a• ry ry m f . w O Z T Q O Z 7 pW J Q K W � 2 S k 0 d MIAMI DAILY BUSINESS REVIEW Pubrchod Daily m eept Salurday. Sunday and Legal Hot1days Mlaml; Naml -Dada Counly. Florida STATE OF FLORIDA COUNTY OF MIAMI -DADS: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a dally,(except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy of adverfisemeM being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 3115 /2005 in the XXXX Court, @ was published In said newspaper in the issues of 1 03/04/2005 Afffant further says that the said Miami Dally Business Review is a newspaper published at Miami In said Miaml -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Mlaml -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aBiant further says that he or she has neither paid nor promised any person, tine or corporation any discount, rebate, commission or refund for the purpose of securin }his adv ent for:pubtication in the said newspag r. Swom to and subscribed before me this 04 day of MARCH A.D. 2005 (SEAL) ' Charyl H threar O.V. FERBEYRE personall1lljfjvRtptf%'bmmiselon =06Se i J• r i c i 0 RELIGION NOTES E r5 :giitl^:i�N�,f�- Series will be noon March 24 and�ty(Sr �— s°" i�'1..p. r..,• ' rs through seniors ",YE°%E r�rrk';, iii k ?�tiyu 4"rks_,,r, ece of fabric or an discuss The Things They Carried i4f a,�y'tyi ;..y t> fst, ?a3c1e¢� ' r indkerchlef -along by Tim O'Brien. Lisa Jefferies will _ " 'r:T}Cl�iy `- 7S� ms such as pillow- lead the session. BriFlg a bag '' wr'ly' i= S0.`- ;t»y�Lt: {� �. „�• c?•:e�tr;TY^;r s and more to cele- lunch and coffee will be pro- keep OREM! ti, iy F?: f ��r•,rt4 . y T;,_rz ids; x a htness of Shabbat. vided. Adult Purim .Megillah t gill be provided. Reading "Year of the Hat” will be r4 !? u,- .;.;.{ •,,�}, r0 �150111 ,:� or dress accord- 7:30 p.m. March 26. Bring your lest hats and cos- •1 ^'K h Shabbat' Service fanciest funniest Shabbat in an intl -.- tumes. We will read from the "':'- Gtit +.L' z,•.. k e,.�l.t' service in in Room Megillah and Chinese food will be I IBM, 9011. eth Am Is proud to served. Tickets are $10 per per ;'''�" ' %' °t 7 ' ' fational network of son. Call 305 -573 -5900. Feed �br` ?. _ `a` °�'t �7' d with - �Y: L_ =# r it 5.,10 3 affiliate the homeless In a joint program; x5. �;r ?. !Nay ynagogueTransfor- with Touching Miami with Love may. Zenewal dedicated will meet 7:45 to 10:45 a.m. '} a_ Est' g Shabbat with a March 27 at Central Baptist. "�'r I T.F - 9� a z fv- etwA•5*"*'+ -�"'i SR-:w ovative options In Church on Northeast Fifth Street r� :raver, study, social and Northeast First Avenue by �" Programming. The the Court Bulfding. We'll prepare', ., _ . tin °` * enq,;p�}, groundbreaking of and serve food and do clean up_ Sanctuary /gall- as well as have an opportunity to fl/Administrative SanEt ary/ have some fascinating converse- i tie at a.m. tlons with our friends who partic- >1 ;. �))��qq,�,p, •F; c,� 'rr riY 1 - •. f 1NG G'�- 13'[•'j�1P.�• �FS I: more Inf6rmation, ipate. Contact us to reserve your Epstein, Develop- slots.. Contact Bruce Jay at 305 -576 -5001, ext.'28. — " or, ext.. 148 jep' ` -7�� ` org. Family Purim >? 1 "sfg d _,t�� { :r.: ",':,•. ` J u -El Or' 010m, u -- a £e r..11 (rating Beth Am's Temple Sam 'y5�• '� `�`� ; "' � ` "�``� &&&YYY �,.ie l~ re I'sJ` `�' T��` "�ai�c�'F�tl'.. y from noon �?i: �% will be 10680 S W 113th PI., - -71 eft`,' trch 13. Call Susan 305- 271 -5756• Adult B'nai Mitz- f+ r 1.1— 00��)iXI�F -i ) � "a � ir, - •r W a°la" may, r_ w "yx 305- 667 -7185 or vah class, conducted by Cantor " p ''�lssF�ti_.ld (1(bhfit�agcEttr.�� ineiderman at Ronit Rubin, at B p.m. March 15. 0 ;,rxyc gn;kpagsFpn 'i a 0�uir5pgif�,`� 2. The'Empty Nest- Contact the Synagogue office %eels v - Y a screening of The for reglstratlon. TSOO Youth -'s Wife at 7 p.m. Singers will rehearse with Cantor . n't'act Annie Beren- Rubin from 5:30 p.m. to 7 p.m. ��T,d� Weeps A 151 or.; : aberen- and TSOb Adult Singers will \J�(ff aria rg. Purlrri:Celebra- rehearse with Cantor Rubin from Shushan Idol will be 7:30 p.m. to 9:15 P.M. March 10 =: rch.24."Ah evening ' and 17: Shabbat evening services n for, cHIdr6ri •and will be conducted by Rabbi YOU r ;;'peclaPactWities for David D. Schonblum whose ser- �� NOTICE-:--:- kets $15'I6 advance, mon topic will be "What Is a �§ hot, &: children under 5 Shekel?" at 8 p.m. March 11. Can - 8e� 'SOUTH TH MIAM19* ��ORMA :.: re.- admitted ,free. die lighting Is at 6:10 p.m. Shab- C v��D u a :kets <can •be:pu'r- bat morning services will be con - "'March "22:.eall Lori ducted by Rabbi David D. [[.,,���� On Tuesday,. March 15, 2005, beginning at7: 30pm .,In the City'CommissionChambers, ex:f:: 114; )solo- Schonblum who will discuss the wb d s not and 6130 Sunset DriVe,.the City Commission will hold Public Hearings: to cbnsider the ,org, - Hlgh.•school Torah portion, Pekudel, at 9:30 foliotvingHenls., agues are Tuesdays, a.m. March 12, Shabbat ends at ,,L • AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLA s. and '.Thursdays 7:04 p.m. *United Synagogue evelyiCli.Ilg ek (PROVIDING FOR ELIGIBILITY. AT DATE OF EMPLOYMENT FOR POLIO rii 28 for 'girls and Youth (USY) Havdalah and Des - �l "�� OFFICER EMPLOYEES OF3HE CITY OF SOUTH MIAMI; PROVIDING FOR A nine'to'12. A fee is serts at 7:30 p.m, followed at 8 ntact Linda Feffer- p.m. by the USY Talent Show ! MINIMUM RATE OF BENEFIT' ACCRUAL FOR' POLICE OFFICER tball Coordinator, March 12. Enjoy the'songs, acts, t hats EMPLOYEES, or Ifeffer- dances and comedy. Admission AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT ;rg. BAFTY's annual is' $5 and will benefit our own TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT ,action will be March chapter, USY, Inc. Shabbat eve- happening ®n PROJECT KNOWN AS "PROJECT SUNSET "WHICH WILL INCLUDE THREE avdalah, dinner and ning services will be,conducted Y u BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING Alon to'raise money by Rabbi' David D. Schonblum nny, a camp run by whose sermon topic will be USES: 106 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE rderprivileged chit- *Minding Your Business', at e Q� 5�. USES, RESTAURANTS, BAN{( .AND A' PARKING GARAGES; ALL FOR Atlanta. Call Amy p.m. March 18. Candle lighting is PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY )uth director, at ext. at 6:13 p.m. Shabbat morning DESCRIBED AS LOTS 6THRU 9, 40 THRU 45,-53 THRU 66 INCLUSIVE AND. services will be conducted by THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION Rabbi David D. Schonblum who ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT el, 137 NE 19th St., will discuss the Torah portion, PAGE 19B OFTHE PUBLIC RECORDS OF MIAMI -DARE COUNTY. DO: Hamentaschen Vayikrtah at 9:30-a. m. March 19. 101 course will be Shabbat ends at 7:07 p.m. Purim, A RESOLUTION FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A 0 10 a.m. March 13. Carnival and Klezmer Concert LARGE SCALE DEVELOPMENT USE (SIX -STORY MIRED USE MEDICAL to make Purim's from 10 a.m, to 2:30 p.m. March OFFICE / RETAIL) BUILDING AT 7160 -7160 SW 62i° AVENUE IN THE kle dougfl. RSVP to 20. Enjoy the games, rides and Ar � �/j �t� "TODD FAU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIRED at 305 -573 -5900, tasty foods. Listen to, sing, and *�°• Waves ���+3 USE 5), 30th Annual Cantor dance the joyful Klezmer songs A RESOLUTION FOR A SPECIAL USE APPROVAL TO'LOCATE FOUR rs Spring Music Fes- and melodies. Kids Club sched- Every Thursday GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET" A UNIFIED ghts of 20th Century ule, open to children in kinder -. DEVELOPMENT WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL :" at 1 p.m. March 13 garten through fifth grade: Meet - Ira The Hff,IFt LOCATED GE DISTRICT OVERLAY) ZONING DIEVICT ALL FOR PROPERTY long other cantors. Ings will be held on Wednesday LOCATED GENERALLY 9.40 T 5750 SUNSET DRIVE D LEGALLY DESCRIBED torial Soloist, Karina evenings, April 13 and May 11. All AS LOTS 6 THRU 9, 40 THRU 45, 63 THRU 66 INLISIVE AND THE EAST Cost: $18. Call events wilt be held at the Temple. 50 FEET 'OF' LOTS 51 AND 62 OF W. A, LA INS SUBDIVISION 10 to RSVP. Sister- Dues for the year are.$60, which ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT is "Do-Re—MI"—donor will Include regularly scheduled `� PAGE 196 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. 11:30 a.m. March 17; activities and snacks. Visit s office t concerning the above two Items should be, directed to the City Clerk's the opportunity to www.tsoomlami.org. 0 G oKceat305. 663 -6340: great people, enjoy k ALL Interested parties are Invited to attend and will be heard. Maria M. Menendez nd contribute to the City Clerk grams. For reserva- 17 in 0 0 0 t U E 0 r 0 or W w 0 U •d r 3 3 1997 Resolution ( Resolution No. 264 -97 -10264 — Lowering age of retirement for General Employees ) RESOLUTION NO. 264 -97 -10264 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; CITY EMPLOYEES LOCAL 3294; WHICH AGREEMENT PROVIDES FOR AMENDMENTS TO ARTICLE II; ARTICLE XIII; ARTICLE XVI; ARTICLE XV; ARTICLE XVII; ARTICLE XIX; ARTICLE XXVII; ARTICLE XXIX; ARTICLE XXXVII; ARTICLE XXXiIIII; AND ARTICLE XXXIX OF 1994 -97 AFSCME AGREEMENT. WHEREAS, the City Manager and the American Federation of State, County and Municipal Employees (AFSCME), Local 3294 have reached a Collective Bargaining Agreement for the 1997 -98 fiscal year; and WHEREAS, the agreement has been ratified by the union rank and file on December 12, 1997, and WHEREAS, the agreement provides, among other things, that: (a) All bargaining unit employees who are employed in positions covered by the unit on the date this agreement is ratified by the City Commission shall receive a four percent (4 1/o) wage increase effective October 1, 1997. (b) Effective 1998, the Friday following thanksgiving day will be recognized as a paid holiday by the City, with the work schedule for those employees required to work on the day to be arranged by their supervisors. (c) Effective October 1, 1997, the City shall issue a jacket of quality comparable to that used by the Police Department to each employee covered by the agreement. Furthermore, safety shoes will be replaced as necessary to maintain safety standards of the Department. (d) Effective October 1, 1997, annual award in the form of a $25.00 check, along with a Safe Driver Certificate shall be presented to each employee in the following categories with a safe driving record: Heavy Equipment Operator II Heavy Equipment Operator I Waste Collection Driver Field Foreman Landscape Supervisor Building Maintenance Supervisor (e) Effective October 1, 1997, the retirement age shall be reduced from 60 years to 55 years for all general employees, and the pension benefit multiplier factor shall be two and one quarter percent (2.25 %) in 1997; two and one half percent (2.5 %) effective October 1, 1998: and two and three quarters percent (2.75 %) effective October 1, 1999. (f) Effective October 1, 1997, any employee that works in a higher pay status classification for three (3) consecutive work days will receive pay of the lowest step of the higher classification or a one (1) step pay increase (whichever is higher) for all consecutive hours worked in the higher classification. NOW, THEREFORE, BE IT RESOLVED BY THE, MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission hereby ratifies the aforesaid amendments to the agreement between AFSCME Local 3294 and the City of South Miami. . Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 16th day of December, 1997. ATTE T:: CITY CLERK READ AND APPROVED AS TO FORM: EITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Price: Yea Vice Mayor Robaina: Yea Commissioner Oliveros: Yea Commissioner Bethel: Yea Commissioner Young: Yea W WzUzr WOO=W0CC 0. =Vw O ��OyJ rF: IJ_Z.Z a' CD a: zQQ ZOw u �vK`�. 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Ud ., a0m�ca amB E¢ 3 U W ax °O' J°"rn- «omdauo v °? a� c N >- ¢ m H �a�a 'N,cda901? —EF5 H m >.m �.• d E._ c m o c° s z t 3 corn.m ;mE ¢ m «n�'o aEm Q2�E p yt�dc ¢O c nuyimay m ¢ «y 'CCymd �LL m ;O�m -m xro�,_ «rov�m�d n o E2 Q¢ cuizE>'L> O¢ m m "a O x Z m c j,aco"`my mmm� y m U T-- `m as c c y a da cc G. O- W._D m> i -va j� v N a3imaciv d._i, °d°i 1'n } ¢ Q a _ LLLL LL O «me mx_o` a OCCQ m�-J Ow Xr X= Oo p m cOaL m E m a«-=« j NIL N ryd�� V C p W m m O �- m o f 2LLa d y.m LL= O U X j N TO c 0� V -C O- O T CC Q m> W 3 O LL O> cc m U N i C d Z d T _ d ¢ a: O � OO w U O u) O u O COURTESY NOTICE"" CITY:OF -SOUTH MIAMI FLORIDA On Tuesday, May 20, 2008, beginning I . in- the'' City - at -7:30 p.m., Commission Chambers, 6130 Sunset DriVe;,the City Commission will -hold Public Hearings to consider the following items: -- A. RESOLUTION RELATING TO AN APPEAL Or A. DECISION, OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD TO DENY PROPOSED TAKE-OUT ORDER SIGNAGE FOR CARRABBNS' ITALIAN GRILL AND OUTBACK STEAKII SE"STAURANT �U Ml _2k� MUNICIPAL 9EA LOCATED AT 5829 SW 73 STREET (SO PARKING GARAGE)., n. RESOLUTION RELATING.-TO.THE ISSUANCE.017 A'CERTIFI6dE', OF' APPROPRIATENESS PURSUANT TO,SECT16N'�20-5.Ag(E)(3).-� OF THE LAND •DEVELOPMENT-,-C�0DE_ ;FOR THE - EXTERIOR .RENOVATION, PAINTING AND, SIGNAGE-;-ON -A-DESIGNATED': HISTORIC COMMERCIAL BUILDING LOCATED AT 5904_'SUNSET DRIVE (AMSTER. BUILDINGS). A RESOLUTION RELATING TO. .A.- REQUEST - PURSUANT �TO SEQT[ON 20-3.4(8)(4)(b) Or THE LAND DEVELOPMENT CODE FO_ SPECIAL USE APPROVAL TO LOCATE A:GENEqALRESTA ' URA'�N iASP�E '8TRIEETr ITHIN:?THE�IISR,�(nD-OV)- LOCATED AT 57j4 SW -�2�d SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) :-ZONING . - DISTRICT,. AN'ORDINANCE AMENDING CHAFTER.7 OF THE SOUTH MIAMI CODE' *-OF -.ORDINANCES 8Y CREATING'-SECTION 7,16 "PRE-, CONSTRUCTION AND CONSTRucTibK;sTANDARD9 FOR SITES; " - REQUIRING CONSTRUCTION,-SITES.Tb BE.:K5PT.)N.,A-CLEAN','=:. 1, AND - .ORDERLY CONDITION;! REQUIRING'JHE._INSTALLATIO.N OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION. ALONG THE BORDERS. OF THE SITE, ANDJO PROVIDE `DETAILED,,!-, . t -rAININGI.FENijE--'PER'M]T.-.-PRibR"'.TO", PROCEDURES FOR, . OBTAINING CONSTRUCTION— AN ORDINANCE•MENDING CHAPTER 7 OF VHE,SOUTH:MiAMI' 'CODE. OF ORDINANCES BY MODIFYING: - SECTION. "DEMOLITION --REQUIREMENT - STANDARDS "�.,�TOI PROVIDE' ADDITIONAL CLARITY AS- TO PNOCEDURES:FOR-.OBTAINING -FENCE PERMIT PRIOR TO DEMOLIT.OwA*Nb: -CONSTRUCTION- .PROVIDING FOR SEVERABILITY; ORDINANCES IN -CONFLICT;' :AND AN EFFECTIVE DATE. AN ORDINANCE RELATING TO AMENDING THE C ITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE :I;., . SECTION "2_2-_l .(H) AND.- f" (j) IESTABLISHINOPROCEDURES`.FOR PUBLIC COMMENfS,'IN"- ORDER TO FACILITATE-AN ORDERLY-PROCESS-1W.mANAGIN - G PUBLIC COMMENTS. AN ORDINANCE. RELATING To A REQUEST. TO AMEND LAD-11- DEVELOPMENT CODE SECTION= 20-5.9 ENTITLED, ,'VARIANCE ANCIE"" APPROVALS" * IN ORDER 'TO ."ADD PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING- SECTION 20-6.1(13)(3)(h) IN 0 RDER' TO REMOVE THE EXISTING GUIDELINE AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT 'CODE SECTION 20-3.3(D) ENTITLED "PERMITTED USE SCHEDULE ".. ORDER TO- ALLOW A TEA ROOM FACILITYAS A PERMITTED* - - USE IN THE'!GR" GENERAL RETAIL ZONINGt_USE DISTRICT. AN ORDINANCE AMENDING THE CITY OF,SOUTH MIAMI PENSION,-, -PLAN_ PROVIDING. FOR, A RESTATEMENT -.OF.'.. THE PLAN.,TO,. I(A 0 CONSOLIDATE*THE VARIOUS AMENDMENTS MADE`OVER TIME" TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN;" PROVIDING ADMINISTRATIVE, AMENDMENTS ;TO THE PLAN-301- COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, N ORDINANCE ADOPTING THE EVAULATION AND_APPRA'SAL REPORT (EAR) BASED -TEXT AMENDMENTS 'To: THE SOUTH MIAMI . COMPREHENSIVE PLAN; THE AMENDMENTS. ARE','.l . TO THE GOALS, OBJECTIVES, AND -POLICIES - FOR .THE:% FOLLOWING COMPREHENSIVE PLAN ELEMENTS:: FUTURE-. LAND USE;TRANSPORTATION; HOUSING; '� 'INFRASTRUCTURE-— ' CONSERVATION; - RECREATION - AND INTERGOVERNMENTAL COORDINATION.; OPEN `SPACE; "" ,-" AND. -CAPITAL. IMPROVEMENTS. If you have any inquine I s.on the above items ple$S& coritkt'the Planning and Zoning Department's.officd at305-663-6326- ALL interested parties are invited to attend an . d'will be heard: Maria.M. Meh-4nd6i, CMC City Clerk Pursuant to Florid . a Statutes 286.01 . 05, -the City hereby " advises the..' public -that if a person.decides to,appeal any. decision made by this Board, Agency or Commission with respect to any matter considered at' . its meeting or hearing, he or she will need a record Of the proceedings, . and that for such purpose, affected person-may need W,einsure.that a Verbatim record of the proceedings is made which record includes the t , estimPqy and evidence upon which the appeal is to bebased: 5- z D UA ui !tm ;Z z. E ,ro ..E ro z