12-20-05 Item 7SUGARMAN & SUSSKIND 7
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
David E. Robinson (305) 529 -2801
D. Marcus Braswell, Jr. Broward 327 -2878
Pedro A. Herrera Toll Free 1- 800 - 329 -2122
Facsimile (305) 447 -8115
♦ Board Certified Labor
& Employment Lawyer
August 24, 2005
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 Pension Plan
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 ordinance amendment to be considered by the
City Commission.
The Board of Trustees of the Pension Plan recommends adoption of this proposed
ordinance amendment to the existing code in order to comply with Chapter 185 of the Florida
Statutes.
Florida Law 2004 -21 specifically amended Section 185.05 of the Florida Statutes
allowing municipalities that receive state contributions under Chapter 185 of the Florida Statutes
to authorize trustees of the city's pension plan, when authorized by a participant, to make
deductions from monthly retirement payments and make direct payments to certain third parties.
The City of South Miami receives such state contribution under Chapter 185. The following
summarizes the necessary amendment to the existing code in order to provide such authority to
the Board of Trustees for the City of South Miami Pension Plan.
Section 16 -24. Limitations generally.
(e) Alienation of proceeds, levy, etc; prohibited. This section of
the code prohibits participants from assigning or alienating any
payments of pension benefits.
N
The proposed amendment would allow a participant to authorize the board of trustees,
withhold amounts from any monthly benefit payment and to pay directly to certain third parties
necessary amounts to pay for benefits being received through the city or the certified bargaining
agent and to make payments for child support or alimony.
This amendment allows for direct payment of continued group insurance provided by the
city that the city is required under Section 112.0801 to offer to all retirees.
112.0801 Group insurance, participation by retired employees. Any state
agency, county, municipality, special district, community college, or district
school board which provides life, health, accident, hospitalization, or annuity
insurance, or all of any kinds of such insurance, for its officers and employees
and their dependents upon a group insurance plan or self - insurance plan shall
allow all former personnel who have retired prior to October 1, 1987, as well as
those who retire on or after such date, and their eligible dependents, the option of
continuing to participate in such group insurance plan or self - insurance plan.
Retirees and their eligible dependents shall he offered the same health and
hospitalization insurance coverage as is of to active employees at a premium
cost of no more than the premium cost applicable to active employees. For the
retired employees and their eligible dependents, the cost of any such continued
participation in any type of plan or any of the cost thereof may be paid by the
employer or by the retired employees. To determine health and hospitalization
plan costs, the employer shall commingle the claims experience of the retiree
group with the claims experience of the active employees; and, for other types of
coverage, the employer may commingle the claims experience of the retiree group
with the claims experience of active employees. Retirees covered under Medicare
may be experience -rated separately from the retirees not covered by Medicare
and from active employees, provided that the total premium does not exceed that
of the active group and coverage is basically the same as for the active group.
This amendment also allows for direct payment for child support of alimony, as required
by an appropriate court order, under the Alvarez case, 580 So.2d 1st DCA (Fla. 1991), which
makes the Retirement System subject to income deduction orders and provides the only
exception to the non - alienation provisions as set forth in Board of Trustees of the City General
Employees Pension Plan, City of Jacksonville v. Vizcaino, 653 So.2d 1012 (Fla. 1 st DCA 1994),
in which the Court held:
However, the QDRO exception to the prohibition against
assignment or alienation of pension benefits is of no assistance to
Anna because, as the parties correctly recognize, "governmental
plans" (defined as including plans established or maintained by a
political subdivision of a state) are expressly excluded from ERISA
coverage. 29 U. S C. Secs. 1003 (b) (1) & 1002 (32).
Therefore, the board believes that enactment of this amendment should reduce
administrative activities in relation to third party payments and improve efficiency in delivering
pension benefits to retirees of the pension plan.
The Pension Plan actuary has provided a statement of no impact 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,
KENNETH R. HARRISON, SR.
KRH/
cc: Board of Trustees, c/o Benefits USA
Larry Wilson, Actuary, Gabriel, Roeder, Smith & Co.
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA AMENDING THE CITY OF SOUTH MIAMI
6 PENSION PLAN, PROVIDING FOR COMPLIANCE WITH
7 CHAPTER 2004 -21, LAWS OF FLORIDA AND AMENDED
8 SECTION 185.05(6) OF THE FLORIDA STATUTES, TO
9 PROVIDE THAT PARTICIPANTS MAY AUTHORIZE
10 DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION
11 FROM NET BENEFITS FOR SPECIFIC PURPOSES;
12 PROVIDING FOR SEVERABILITY; ORDINANCES IN
13 CONFLICT, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the 2004 Florida Legislature enacted Chapter 2004 -21, Law of Florida,
16 which amended Section 185.05 of the Florida Statutes, creating new sub - section (6) to authorize
17 the trustees of the city's pension plan, when authorized by a participant or participant's
18 dependent, to make certain deductions from monthly retirement payments; and
19
20 WHEREAS, an amendment to the city code is necessary to permit such deductions; and
21
22 WHEREAS, the trustees of the City of South Miami Pension Plan have requested and
23 approved such an amendment as being in the best interests of the participants and beneficiaries
24 and improves the administration of the plan; and
25
26 WHEREAS, an actuarial impact statement is not necessary since this amendment is not a
27 change in plan benefits,
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 Section 1: Section 16 -24(e) of the South Miami Code of Ordinances is hereby
33 amended to read as follows:
34 Sec. 16 -24. Limitations generally.
35 (e) Alienation of proceeds, levy, etc; prohibited. No participant shall have
36 any right to assign, alienate, anticipate or commute any payments
37 hereunder; and, except as otherwise prescribed by law, no payment shall
38 be subject to the debts, contracts or engagements of any payee, nor to a
39 judicial process to levy upon or attach the same for the payment thereofi
40 except the recipient of any monthly benefit may authorize the board of
41 trustees to withhold from the monthly benefit those funds necessary to pay
42 for the benefits-being, received through the city, to pay the certified
43 bargaining agent of the ci1y, and to make any pqMents for child sgipport
44 or alimony.
45
I Section 2: If any section, clause, sentence or phrase of this ordinance is for
2 any reason held invalid or unconstitutional by a court of competent jurisdiction,
3 the holding shall not affect the validity of the remaining portions of this
4 ordinance.
5
6 Section 3. All ordinances or parts of ordinances in conflict with the provisions of
7 this ordinance are repealed.
8
9 Section 4: This Ordinance shall take effect immediately upon approval.
10
11 PASSED AND ADOPTED this day of 92005
12
13 ATTEST: APPROVED:
14
15
16
17 CITY CLERK MAYOR
18
19
20 1" Reading —
21 2"d Reading -
22
23
24 READ AND APPROVED AS TO FORM COMMISSION VOTE:
25 Mayor Russell:
26 Vice Mayor Palmer:
27 Commissioner Wiscombe:
28 Commissioner Birts- Cooper:
29 CITY ATTORNEY Commissioner Sherar:
30
31
32
33
34 G: \ \SMPF\ PLAN\ ORDN \HB251CityPlan- OrdnAmendment
(-U O 7VLUl
VICE OF A COPY OF THIS NO•
TiCE ON THEM.
All other creditors of the decedent
and other persons having claims or
demands against decedent's estate
must file their claims with this court
WITHIN 3 MONTHS AFTER THE
DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITH-
IN THE TIME PERIODS SET
FORTH IN SECTION 733.702 OF
THE FLORIDA PROBATE CODE
WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIODS SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT'S DATE OF DEATH
15 BARRED.
The date of first publication of this
notice is December 9, 2005,
Personal Representative:
Maria Carolina OuIntero
11304 NW 51 Terrace
Miami, FL 33178
Attorney for Personal Representable:
MICHAEL id. AXMAN, ESO.
Florida Bar No. 370800
ADORNO A YOBS LLP
2525 Ponce de Leon Blvd. Suite 400
Coral. Gables, Florida 33134
Telephone: (305) 460.1 ODO
1219 -16 05.7- 371615808M'
MA'1700TOOIWMT011� i
IN THE CIRCUIT COURT FOR
MIAMI-DADE COUNTY, FLORIDA
PROBATE DIVISION
Case Number. 054163 CP 04
IN RE: ESTATE OF
GLENN RAYMOND SHOLTON,
Deceased,
The administration of the estate
of GLENN RAYMOND SHOLTON,
deceased, Case Number 05.4163
CP 04. Is pending In the Circuit
Court for MIAMI -DADE County,
Florida, Probate Division, the ad-
dress of which is 73 W Flagler
Street, Miami. Florida 33130. The
name and address of the Personal
Representative and the Personal
Representative's attorney are set
forth below.
All creditors of the decedent and
other persons who have claims or
demands against decedent's estate,
including unmatured, contingent, or
unilquideted claims, on whom this
notice Is served are required to file
their claims with this Court WITHIN
THE LATER OF THREE MONTHS
AFTER THE DATE OF THE FIRST
PUBLICATION OF THIS NOTICE
OR THIRTY DAYS AFTER THE
DATE OF SERVICE OF A COPY
OF THIS NOTICE ON THEM.
All other creditors of the decadent
and other persons having claims or
demands against decedent's estate
must 111e their claims with this Court
WiTHIN THREE MONTHS AFTER
THE DATE OF THE FIRST PUBLI-
CATiON OF THIS NOTICE.
ALL CLAIMS NOT FILED WITH-
IN THE TIME PERIOD AS SET
FORTH IN SECTION 733.702 OF
THE FLORIDA PROBATE CODE
WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIODS SET FORTH ABOVE
County. Florida, Probate Division,
the address of which Is 73 West Fla.
gler Street, Room 238, Miami, Florl-
as 33130. The names and address-
or of the pereonat representatives
and the personal representative's
attorney are set forth below,
All creditors of the decedent and
other persons having claims or do.
mands against decedent's estate
on whom a copy of this notice has
been served must ilia their claims
with this court WITHIN THE LATER
OF 3 MONTHS AFTER THE DATE
OF THE FIRST PUBLICATION OF
THIS NOTICE OR 30 DAYS AF-
TER THE TIME OF SERVICE OF A
COPY OF THIS NOTICE ON
THEM.
All other creditors of the decedent
and other persons having claims or
demands against decadent's estate
must file their claims with this court
WITHIN 3 MONTHS AFTER THE
DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE.
ALL CLAIMS NOT SO FILED
WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIOD SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT'S DATE OF DEATH
IS BARRED.
The date of first publication of this
notice is Decomber9, 2005.
Personal Representative:
Margaret Layne
1250 W. Oak Way
Woodstock, GA 30188
Attorney for Personal Representative:
DAVID M. VOGEL
Florida Bar No. 0151180
BEHAR, GUTT 4 GLAZER, P.A.
2999 N.E. 181st Street, Fifth Floor
Aventure, Ftodde93100
Telephone: (305) 931 -3771
1219.16 05.7- M16808M
TOCPANTOM
IN THE CIRCUIT COURT FOR
MIAMI -DADE COUNTY, FLORIDA
PROBATE DIVISION
File No. 06 -4681
Division: CP 01
IN RE: ESTATE OF
JAMES WILLIAM BARFIELD,
Deceased.
The administration of the estate
of JAMES W. BARFIELD, de-
ceased, whose date of death was
August 8, 2005, and whose Social
Security Number Is 135- 10.0477, Is
pending In the Circuit Court for
Miami -Dade County, Florida, Pro..
bate Division, File Number: 05 -4681
CP 01, the address of which Is 73
Nest Flagler Street, Miami, Florida
33130. The name and address of
the Personal Representative and
the Personal Representative's at-
torney are set forth below.
All creditors of the decedent and
Aher persons having claims or
remands against decedent's as-
A% on whom a copy of this notice
s required to be served must file
:heir claims with this court WITHIN
THE LATER OF 3 MONTHS
4FTER THE TIME OF THE FIRST
? UBLICATION OF THIS NOTICE
IJUrI11vuldy rt+nlic a L/YR^nl , r,-".
Attorneys for Personal
Representative
550 Blltmore Way, Suite 810
Coral Gables, Florida 33134
Telephone: 3051529.1500
Fax; 305!529/8855
e- mail; wm iraowt- law.com
109.18 05-7-391615811 M
Not= TO011�B
IN THE CIRCUIT COURT IN AND
FOR MIAMI -DADE COUNTY,
FLORIDA
PROBATE DIVISION
File No. 054275
Division: CP 01
IN FIE: ESTATE OF
SYLVIA S. BLOUNT,
Deceased.
The adminlstrallon of the estate
of SYLVIA $- BLOUNT, deceased,
whose date of death was Septem-
ber3, 2005; is pending In the Circuit
Court for Mlaml -Dada County, Flori-
da, Probate Division; File Number
NOTWITHSTANDING THE TIME
PERIOD SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MOIRE AFTER THE
DECEDENT'S DATE OF DEATH
IS BARRED.
The date of first publication of this
notice is Dec, 2, 2005.
Personal Representative:
DAVID N. BLOUNT, JR.
15ol Veneta Avenue
Suite 217
Coral ,Sables, Florida 33146
Attorney for Personal
Representative:
WILLIAM T. MUIR
Florida Bar No. 319074
DUNWODY WHITE& LANDON, PA.
550 Blltmore Way, Suite 810
Coral Gables, FL 33134
Telephone: 305/529.1500
Facsimile: 305- 529-8855
Email, yfmulrQ dwl- law,com
1212 -9 05.7.16MI2599M
CITY OF SOUTH MIAMi
NOTICS OF PUBLIC HRARINQ
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct a Public Hearing at Its regular City
Commission meeting scheduled for Tuesday, December 20, 2005
beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset
Drive, to consider the following Item:
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
COMPLIANCE WITH CHAPTER 2004.21, LAWS OF FLORIDA
AND AMENDED SECTION 185.05(8) OF THE FLORIDA
STATUTES, TO PROVIDE THAT PARTICIPANTS MAY AU-
THORIZE DIRECT THIRD PARTY PAYMENTS AS A
OEDUCTIION FROM NET BENEFITS FOR SPECIFIC PUR-
POSES; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
Above items can be inspected in the City Clerk's Offlce. Monday - Friday
during regular office hours.
It you have any inquiries on the above items please contact the City
Clark's office at: 305. 663.6340
ALL interested parties are Invited to attend and will be heard.
Made M. Menendez. CMC
City Clerk
Pursuant to FloddaStatutes 286.0105, the City hereby advises the public
that It 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 evidence upon which the appeal Is to be based_
12/9 05.3.32/615376M
(air,
CASE NUMBER: SCC\
(Nftero del Caso):
NOTICE TO DEFENDAN
(AVISO AL DEMANDAi}
G.T. Finance Corporal
Persons Unknown, Clai
Lien or interest in the
inclusive.
YOU ARE 13EING SUED
(LO EBTA DEMANDANG
KAYLE SPOON, an Ind
You have 30 CALEND,
are served on you to file i
served on the plaintiff. A II
ten response must be in p
case. There may be a cot
can find those court form
Online Self -Help Center (
library, orthe courthouse
the court clerk for a fee N
time, you may lose the i
properly may be taken wit
There are other legal r
right away. If you do not ki
referral service. If you ce
free legal services from a
these nonprofit groups a
lawhelpcallfomla.org), th
(www.00uttlnfo.ca.gov /se
bar association.
Mono 30 DIAS DE CA
cRacl6n y papeles legale
esta corte y hacer quo se
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estar On formsto legal col
Es posible quo hays un fc
to. Puede enconlrar solo
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selfhetp/espanof/), an Is
quo Ie quads mde come
pido at secretado de la cc
de cuolas. Si no present
pot Incumpilmlento y la ci
mas advertencla.
Hay ot►os requlsitos le(
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de remisidn a abogado&
cumpla can los requisito
programa de 6ervlclos re
grupos sin fines de lucr
(www.lawhelpcaiifo m la.c
California, (www.courtin
conlacto con to corte 0 M
The name and address o
(Ei nombre y dlrec.16n de
SISKIYOU COUNTY SU
3114th Street,
P.O. Box 1026
Yreka CA 86097
The name, address, or
plaintiff without an attom
(El nombre, is dlreccidn
dante, o del demandante
TODD M. PETERSON, /
P.O. Box 769,
Etna, CA 96027.0769
TeI: 530/487.4130
Fax: 5301467 -4131
DATE: APR. 25.2005,
LARRY D. GOBELN
Clerk,
(Secretaria)
by J. HALL
Deputy
(Ad)unto)
11/25 12/5 -12 -19
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-NOTICE
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TWO DINNERS -,—COURTESY FLORIDA
M
OF SOUTH MAW, <o9R CITY FOR 1 LOW PRICE!
-- ------ on Tuesday, ecember 20, 2005, beginning' at 1:30 in` the City
4 n- ifvw o Two Bee wo Commission' chambers, 6130 Sunset Drive, the City Commission will
hold a Public Hearing to consider the following item. : — ' -
I Dinners or Pork Chicken C9
,404&t& For $12.99 1, Sandwiches Dinners AN ORDINANCE PROVIDING FOR COMPLIANCE WITH CHAPTER
2004.21, LAWS OF FLORIDA AND AMENDED SECTION 185.05(6)
T6 $6.49 $9.99 OF THE FLORIDA STATUTES, TO PROVIDE THAT PARTICIPANTS r
Please Present Served with T6 T6
Coupon When French Fries, MAY AUTHORIZE DIRECT THIRD PARTY PAYMENTS AS A
I I
s Cream Shorty 's Creamy Served with Served with DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES.
Ordering x& French Fries. short
Cole Slaw Bread French Fries, y I Inquiries concerning this item should be. directed to the City Clerk's Ecluding y' I
Good at all I Baby Back Rib Plates Cole Slaw& Bread office at 305-663-6340.
4 Restaurants dbQ steak Plates Not valid with i All interested parties are invited to attend and will be heard. at
Not valid with I
Not valid with r any other offer any other offer Maria M. Men6ndez, CMC 0,
NOW OPEN i� any other offer City Clerk W,
DORAL Exp. 12/31105 Exp. 12/al /05 Exp. 12/31/05
— — — — — — — — — — — — Pursuant to Florida statutes 286.0105, the City hereby advises the public that If a person dec a 11 appeal
-2255 NW 87TH AVE 11575 BIRD ROAD 9200 S. DIXIE HWY. 5989 S. UNIVERSITY �R. decision made by tt�ja Board. Agency or 1'1r111.1d1j1n.1 r t considered m.ti,any re
earing,hears she needarecordo a .. n, , with respect �0uch`yPu`1a.'t..r, '.O`.N.d person may need to
h h t and that - M
305-471-5554 305-227-3196 305-670-7732 954-680-9900 ensure a verbatim record of the proceedings is made which record includes the testimony and evidence upon which
the appeal Is to be based.
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305-266-7323
A
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