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2009-26996 ResoRESOLUTION NO. 2009-26996 A RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1554 (AFSCME) TO ADD A DEFERRED RETIREMENT OPTION PLAN (DROP) TO THE MIAMI BEACH EMPLOYEES' RETIREMENT PLAN (MBERP). WHEREAS, discussions were held regarding a proposed ordinance that would add a Deferred Retirement Option Plan (DROP) to the Miami Beach Employees' Retirement Plan at both the September 16, 2008 and May 29, 2008 Finance & Citywide Projects Committee meetings; and WHEREAS, Ordinance No. 2006-3504 was adopted on March 8, 2006, which merged the former retirement system for general employees of the City with the former retirement system for unclassified employees of the City and created the Miami Beach Employees' Retirement Plan, which is the City's current pension plan; and WHEREAS, the City Administration, through the City Manager, and the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME), through its President, have entered into a Memorandum of Understanding (MOU) to implement a DROP, subject to enactment by the Mayor and City Commission of an amendment to Ordinance No. 2006-3504; and WHEREAS, the Mayor and City Commission approved the amendment to Ordinance No. 2006-3504 on first reading on December 10, 2008; and WHEREAS, AFSCME held a ratification vote of its members on the MOU on December 10, 2008; and WHEREAS, of the 64 members who participated, 100% voted in favor of ratification of the MOU; and WHEREAS, the proposed amendment to the ordinance has been set for second reading, public hearing at this January 28, 2009 City Commission meeting. ~009-,2 ~~iy~ NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the attached Memorandum of Understanding between the City of Miami Beach and the American Federation of State, County and Municipal Employees, Local 1554 is hereby ratified. Adopted this 28th Attest: ~" ~~~~ Robert Parcher City Clerk day of January, 2009 atti Herre a Bower ~Aayor APPROVED AS TO FORM & lANGUAGE & FOR EXECUTfON ~~~P9 City Attar y Date T:~AGENDA~2009~,lanuary 28\RegularWFSCME DROP RATIFICATION RESOLUTION - revised.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution Ratifying A Memorandum of Understanding Between the City of Miami Beach And The American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) To Add A Deferred Retirement Option Plan (DROP) To The Miami Beach Employees' Retirement Plan MBERP . Ke Intendecf outcome 5u orted: Attract and Maintain a Quali Workforce. Supporting Data (Surveys, Environmental Scan, etc.): 2000-2008 Environmental Scan: (1) Retention and turnover rates for City employees were 11.20% in 2004 versus 13.86% in 2007; and (2) Average employee tenure for City employees was 9.48 ears in 2004 and 8.95 ears in 2007. Issue• Shall the Mayor and City Commission ratify a Memorandum of Understanding Between the City the AFSCME Union to add a DROP to the Miami Beach Employees' Retirement Plan (MBERP)? item 5ummary~Kecommendation: The issue of amending the current Miami Beach Employees' Retirement Plan ordinance to add a Deferred Retirement Option Plan (DROP) was discussed on First Reading at the December 10, 2008 City Commission Meeting. The proposed ordinance has been set for second reading, public hearing at this January 28, 2009 City Commission meeting. The City Administration, through the City Manager, and the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME), through its President, have entered into a Memorandum of Understanding (MOU) to implement a DROP, subject to enactment by the Mayor and City Commission of an amendment to Ordinance No. 2006-3504. This type of change requires the Collective Bargaining Unit to hold a ratification vote among their members. With the anticipation of the proposed ordinance passing, on December 10, 2008, AFSCME held a ratification vote amongst its members. A total of sixty-four (64) members participated in the ratification vote. Of the sixty-four (64) members voting, 100% voted in favor of adding the DROP. The Administration recommends that the Mayor and City Commission hereby ratify the Memorandum of Understanding between the City of Miami Beach and AFSCME to add a DROP to the Miami Beach Employees' Retirement Plan (MBERP). Board Recommendation: Financial Information: Source of Amount ' Account Approved Funds: q 2'' 3< 4' ' OBPI Total Financial Impact Summary: It is difficult to estimate the actual savings and/or costs to adding a DROP since it depends on the actual number of eligible employees who enter the DROP. According to the analysis conducted by the City's Actuary, the first yea~ savings to the City could be as much as $985,227 if 100% of the eligible employees enter the DROP to an actual cost to the City of $32,352 if none of the eli ible em lo ees enter the DROP. C~Clerk's Office Legislative Tracking: Ramiro Inquanzo, Human Resources Director S L Department Director I''Assistant City Manager f `~ty Manager ,,,....~ - /'~-+~ T:WGENDA~2009Uanuary 28\RegularlAFSCME DROP Ratification Vote Summary - revised.doc ~ ~~ ~,~~~ I ~ ~~-~ ~ ~~~~~~ ~T~~ R~ ~ ~~~~ i -ZY -o m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 28, 2009 SUB~ECT: A RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1554 (AFSCME) TO ADD A DEFERRED RETIREMENT OPTION PLAN (DROP) TO THE MIAMI BEACH EMPLOYEES' RETIREMENT PLAN (MBERP). The issue of amending the current Miami Beach Employees' Retirement Plan ordinance to add a Deferred Retirement Option Plan was presented at the December 10, 2008 City Commission meeting. The existing ordinance, Ordinance No. 2006-3504, was last amended on March 8, 2006. The ordinance merged the former retirement system for general employees of the City with the former retirement system for unclassified employees of the City and created the Miami Beach Employees' Retirement Plan (MBERP), which is the City's current pension plan. The proposed amendment to Ordinance No. 2006-3504 would implement a Deferred Retirement Option Plan (DROP) for members of the Miami Beach Employees' Retirement Plan and would create new sections of the ordinance which defines, establishes, and sets forth the features of the DROP. The Mayor and City Commission approved the amendment to Ordinance No. 2006-3504 on first reading on December 10, 2008. The proposed amendment to the ordinance has been set for second reading, public hearing at this January 28, 2009 City Commission meeting. Should the City Commission pass the proposed ordinance, the DROP will take effect ten (10) days following. The City Administration, through the City Manager, and the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME), through its President, have entered into a Memorandum of Understanding (MOU) to implement a DROP, subject to enactment by the Mayor and City Commission of an amendment to Ordinance No. 2006-3504. This type of change requires the Collective Bargaining Unit to hold a ratification vote among their members. With the anticipation of the proposed ordinance passing, on December 10, 2008, AFSCME held a ratification vote amongst its members. A total of sixty-four (64) members participated in the ratification vote. Of the sixty-four (64) members voting, 100% voted in favor of adding the DROP. CONCLUSION The Administration recommends that the Mayor and City Commission hereby ratify the Memorandum of Understanding befinreen the City of Miami Beach and the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) to add a Deferred Retirement Option Plan to the Miami Beach Employees' Retirement Plan (MBERP). J MG/ri T:IAGENDA12009Uanuary 28\RegularlAFSCME DROP Ratification Vote Memo - revised.doc MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into this ~ day of December. 2008, befinreen the City of Miami Beach (City) and the American Federation of State, County and Municipal Employees (AFSCME), Locai 1554 to add a Deferred Retirement Option Plan (DROP) for all employees in AFSCME. ln accordance with the applicable provisions of the Miami Beach Employee's Retirement Plan, members inust satisfy certain criteria prior to entering into the Deferred Retirement Option Plan (DROP). In order to be eligible to participate in the DROP, the employee must attain their normal retirement age, as defined in Section 5.01, which also requires the completion of five (5) or more years of creditable service. In addition, all parties hereby agree that members who elect to participate in the DROP shall not be eligible for any post-retirement improvement factor, as provided for in Section 5.10 (b), throughout the duration of their DROP participation period. The implementation of this Deferred Retirement Option Plan is completely contingent on the Miami Beach City Commission amending the Miami Beach Employees' Retirement Plan (created by ordinance 2006-3504) to include the DROP provision. If the City Commission .does not amend the ordinance, this MOU is null and void. lt is proposed that the Miami Beach Employees' Retirement Plan be amended as follows to inc(ude the DROP: The implementation of this Deferred Retirement Option Plan is completely contingent on the Miami Beach City Commission amending the Miami Beach Employees' Retirement Plan (created by ordinance 2006-3504) to include the DROP provision. If the City Commission does not amend the ordinance, this MOU is null and void. lt is proposed that the Miami Beach Empfoyees' Retirement Plan be amended as follows to include the DROP: ~ Section 1. A new Section 2.26 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is created to read: 2.26 Deferred Retirement Option Plan (DROP) - A proQram under which a Member who has reached the normal retirement date mav elect to retire for purposes of the Plan but continue emplovment with the Citv for up to thirtv-six (36) months and have his/her ~ rnonthlv retirement benefit paid into a DROP account durinq the DROP period in ~ accordance with Section 5.13. Section 2. A new Section 5.13 of the Miami Beach Employees' Retirement i ' Plan created by Ordinance 2006-3504, as subsequently amended, is created to read: ; 5.13 A deferred retirement o~tion plan ("DROP") is herebv established for el9ible Members. as follows: . ~ (a) Eliqibilitv and particiqation: 1. A Member who attains the normal retirement date shall be eliqible to participate in the DROP. 2. A Member's election to participate in the DROP shall be irrevocable A Member mav participate in the DROP onlv once. 3. An eliaible Member mav participate in the DROP for a maximum of thirtv-six (36) months. 4. An eliqibfe Member who elects to participate in the DROP must provide at least thirtv (30) davs' advance.written notice to the Citv of his or her eiection to participate in the DROP. A Member who elects to participate in the DROP mav elect to terminate DROP participation and Citv emplovment sooner #han the maximum DROP period with thirtv (30) davs' advance written notice to the Citv (b) DROP plan features: 1. An eliqible Member who elects to participate in the DROP will be considered to have retired for pumoses of the Plan uqon entrv into the DROP, exceot that such Member shall be eliqible to vote for and serve as an Emqlovee member of the Board of Trustees durinq the DROP qarticipation period. The Member's monthlv retirement benefit deterrnined in accordance with the Pfan based on vears of creditable service and final averaqe rnanthlv eaminqs at the time the Member enters the DROP, will be paid into the Member's DROP account everv month during the DROP period. 2. No Member contributions shall be required after a Member enters the DROP, and the Member will not accrue anv additional creditable service or anv additional benefits under the Plan after enterina the DROP. No Citv normal cost contributions shall be reauired after a Member enters the DROP and DROP participants shall be excluded from the covered pavroll for the Plan. 3. A Member who elects to participate in the DROP shall not be eligible for disabilitv or preretirement death benefits under the Plan`nor shall a Member be eliqible for anv post retirement adiustment provided in Section 5.10 durinq the DROP participation period 4. A Member who efects to qarticipate in the DROP shail retain the earned balance of annual_and sick leave as of the date of entrv into the DROP and shafl continue to earn annual and sick leave durin the DROP period in accordance with applicable City ordinances Alternativelv, at the time of entrv into the DROP a Member mav request full or partial pavment of the eamed balance of annual and sick leave as of the date of entrv into the DROP up to the maximum allowed bv applicable Cifir ordinances for emplovees who terminate Citv emplovment but reduced bv the amount of annual and sick leave used for the qurchase of additional credited service under section _ 4.03, if anv at the Member's rate of compensation upon enterina the DROP• provided that the Member must retain at least 120 hours of accrued sick leave after anv such pavment Upon termination of Citv emplovment a Member who has participated in the DROP shall be eliqible to receive paYment for the eamed balance of annual and sick leave as of the date of termination u to the maximum aliowed bv applicable Citv ordinances for emplovees who terminate Citv emplovment but reduced bv the amount of annual and sick leave for which oavment was received upon entrv into the DROP if any; and further reduced bv the amount of annual and sick Isave used for the purchase of additional credited service under section 4.03, if anv. (n no event shall pavments for accrued annual or sick leave be included in a membe-'s Eaminas for purposes of the Plan 5. As a condition of participatinq in the DROP the Member must aaree to terminate Citv emplovment at the conclusion of the DROP period and to submit an irrevocable letter of resi nation statin this rior to enterinq the DROP A Member who elects to participate in the DROP must also submit an irrevocable written DROP election rior to enterina the DROP on a form qrovided bv the Board 6. At the conclusion of the DROP qeriod and upon termination of Citv employment the Member's monthlv retirement benefit shall be paid to the Member in accordance with the Plan. In the event of the Member's death durinq or at the conclusion of the DROP period a benefit mav be ~avable in accordance with Section 5 07 ~ f ~ ~ 8. Participation in the DROP is not a quarantee of Citv emplovment and DROP participants will be subiect to the same terms and conditions of emqlovment that are applicable to emplovees who are not DROP participants. 9. During participation in the DROP the Member's monthlv retirement benefit will be paid into the DROP account and shall be creditedldebited with earninqs/losses as provided herein The Member mav direc# that their DROP account be invested in anv of the investment options approved bv the Board on forms provided bv the Board. Anv qains on the Members DROP accaunt investments shall be credited to the Member's DROP account• and anv losses incurred bv the Member shal~ be deducted from the Member's DROP account balance, and shall not be made up bv the Citv or the Retirement Plan A Member's DROP account shaH onlv be credited or debited with eaminqs/losses while the Member is a partici~ant in the DROP 10. A DROP artici ant ma desi nate a beneficia or beneficiaries for his/her DROP account on a form qrovided bv the Board 19. Within thirtv (30) davs followinp a DROP partiapanYs termination of Citv emolovment or death whichever occurs first the Member or in the event of the Member's death the Member's desi nated beneficiarv, mav submit a written election on a form aqproved bv the Board to receive the Member's entire DROP account balance which shall be distributed to the Member (or in the event of the Member's death, to the Member's desiQnated beneficiarv or estate in accordance with paraqraph (b)9 below) in a cash lump sum unless the Member elects to have all or anv portion of an eliaible rollover distribution ~aid directlv to an IRA or eligible retirement plan specified by the Member in a direct rollover Anv such direct rollover shall be processed in accordance with Article 12 of the Pfan ln the event a Member or desiqnated beneficiarv does not submit a written election to receive a distribution of the Member's DROP account balance within~ thirtv (30) davs fallowinq the Member's termination of Citv emplovment or death the Member's DROP account shall be maintained bv the Plan but shall not be credited with earninps/losses I after thirtv (30) davs followinq the Member's termination of Citv emplovment or death 12.If a DROP participant dies before his or her DROP account is distributed, the participant's desipnated beneficiaN shall have the same riqhts as #he participant with respect to the distribution of the DROP account. If the participant has not desiqnated a beneficiarv the DROP account balance shall be paid to the Member's estate 13.The Board of Trustees shall make such administrative rules as are necessarv for the e~cient operation of DROP but shatl not adopt anv rufe that is inconsistent with this Ordinance or the Pian. 14.The DROP shall be administered so that the Plan remains ualified under the Intemal Revenue Service Code and in com liance with a licable laws and re ulations. Section 3. Conflicts and Severability. (a) All Ordinances, and parts of ordinances, in conflict herewith shall be and the same, are hereby repealed. ~ (b) In the event any article, section, paragraph, sentence, clause, or phrase of this Ordinance shall be adjudicated invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections, paragraphs, sentences, clauses or phrases of this Ordinance, which shall be and remain in full force and effect as fully as if the item so adjudged invalid or unconstitutional was not originally a part hereof. Section 4. Effective Date. This Ordinance shall take effect the _ day of 2009. ~ EXECUTED by the parties hereto on the date written below: American Federation of State, County and Municipal Employees (AFSCME), Local 1554 BY: Perman Terry President, AFSCME DATE: City of Miami Beach BY: Jorc~ M. Gon City Manager DATE: /Z ~ $ ?~~~g' :• <~~