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2010-3705 Ordinance ORDINANCE IMPLEMENTING PENSION PROVISIONS OF 2009 -2012 IAFF AND FOP COLLECTIVE BARGAINING AGREEMENTS ORDINANCE NO. 2010 -3705 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS "; IMPLEMENTING PROVISIONS OF THE 2009 -2012 COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND FIRE FIGHTERS OF MIAMI BEACH, IAFF LOCAL 1510, AND MIAMI BEACH FRATERNAL ORDER OF POLICE, WILLIAM NICHOLS LODGE NO. 8; AMENDING SECTION 65 ENTITLED "COMPUTATION OF CREDITABLE SERVICE; SERVICE RECORD ", PROVIDING FOR THE PURCHASE OF ADDITIONAL CREDITABLE SERVICE UPON COMPLETION OF TEN YEARS OF SERVICE WITH THE CITY; AMENDING SECTION 66 ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY ", PROVIDING FOR THE INCLUSION OF COMPENSATION FOR CERTAIN OFF DUTY SERVICES IN A MEMBER'S SALARY FOR PENSION PURPOSES, AND PROVIDING FOR THE SALE OF UNUSED SICK AND /OR VACATION TIME FOR INCLUSION IN A MEMBER'S FINAL AVERAGE MONTHLY EARNINGS, SUBJECT TO CERTAIN LIMITATIONS; REVISING THE LIMITATION ON OVERTIME PAY INCLUDED IN SALARY FOR PENSION PURPOSES; AMENDING SECTION 67, ENTITLED "COST -OF- LIVING ADJUSTMENT ", PROVIDING FOR AN ANNUAL ADJUSTMENT ON THE ANNIVERSARY DATE OF A MEMBER'S RETIREMENT ORF SEPARATION FROM EMPLOYMENT; "AMENDING SECTION 79 ENTITLED "DEFERRED RETIREMENT OPTION PLAN ", PROVIDING FOR A MAXIMUM DROP PERIOD OF SIXTY MONTHS AND A MODIFIED COST OF LIVING ADJUSTMENT DURING THE DROP PERIOD; CREATING A NEW SECTION 87 ENTITLED "BENEFITS FOR EMPLOYEES HIRED ON OR AFTER JULY 14, 2010 "; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Section 1. Effective September 30, 2010 for members who retire on or after that date, Section 65 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Sec. 65. - Computation of creditable service; service record. (a) A member's Creditable Service shall include all periods of time of actual work for which wages or salaries were received by the member in the service of the fire or police department and, notwithstanding anything to the contrary in this article, all time served in the unclassified service of the City as provided in section 70, whether it be provisional, probationary or regular work or employment, and whether or not such periods are interrupted, together with all service in the uniformed services of the United States required to be included under section 82; provided, however, that only periods of service in the uniformed services of the United States for which the member makes the member contributions as provided for in section 82 shall be Creditable Service for purposes of computing the amount of the member's benefit from the System. Notwithstanding any provision to the contrary, in no event shall the same period of service be counted more than once as Creditable Service under this System. (b) Members who become members of this System in order to receive credit for service rendered prior to their becoming a member shall make contributions to the Fund in the amount such member would have contributed had he been a member during the period of service for which credit is being purchased. In order to receive such credit, members shall make payment within six months after becoming a member or within such other period as may be provided in a bargaining agreement covering the member. Notwithstanding the foregoing, any member who transfers to this System whereby the accumulated total credit in any other pension system of the City is transferred to this System, then and in that event, all of the creditable service time in such other system shall be considered Creditable Service time under this System, and such member need make no additional contribution for time credited. (c) The Board shall establish the service record of all members who may be entitled to participate in the benefits of this System, and shall keep a record thereof. (d) Members with ten (10)20 or more years of creditable service who are _ • : - - - : -- - - - - -. _ - - - -- may purchase additional creditable service under the System for up to two (2) years of full -time public safety service as a law enforcement officer or firefighter prior to 2 City employment, provided the member is not entitled to receive a benefit for such service under another pension plan, and further provided that the member may not purchase a combined total of more than four (4) years of creditable service for prior public safety service and prior military service, and further subject to limitations contained in sec. 66 (j). The cost for each year of creditable service for prior public safety service b urchased shall be the same rate as provided in sec. 82 P P () for the purchase of prior military service, with the cost prorated for fractional years of service. For purposes of this purchase, a member may use the value of accrued sick and/or annual leave, valued at the member's hourly rate at the time of purchase. The purchase of additional creditable service provided in this subsection (d), must be completed within thirty-six (36) months following September 30, 2010, or within thirty -six (36) months following a member's completion of ten (10) years of creditable service under the pension plan, whichever occurs later for the member. If a member does not complete the purchase of additional creditable service provided in this subsection (d) within the (24) thirty -six (36) month period, he /she shall not be eligible for suchthe purchase in the future. (e) Notwithstanding the provisions of section 65(d) and section 82(b), the purchase of additional creditable service for prior public safety service pursuant to section 65(d), and the purchase of additional creditable service for years of active military service prior to City employment pursuant to section 82(b), must be completed within thirty -six (36) months following September 30, 2010, or within thirty -six (36) months following a member's completion of ten (10) years of creditab a service under the pension plan, whichever occurs later for the member. If a member does n� F complete the purchase of additional creditable service as provided in section 65(d) or section 82(b) within the thirty -six mont peri d he /she shall not be eligible for such purchase in the future. Section 2. Effective September 30, 2010 for members who retire after that date, except as otherwise specifically provided below, Section 66 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Sec. 66. - Service and disability benefits generally. a g tz. t .,n..., x r r •,A.., ., _'°� .. , r ' *a < 3 �^p� s' .. ,.,.,.., .ls� ... .,._. •... °. , 7 ;2.o k, &.' twn. .. ..._.. ...: A. x._.. ... :X ,SS a..... . •. .Z. .. ,.. .. .>.. r 1�'r,. , ... ._ .. ... ...x. . � X1,.. <.i .`Ya. , x.ss. n 3 .*' 5•:.. r `.'4:, t M 1, �., , .. .: 5. :.:,a ...'. F :, , G . . vfi . m .:."x` F,+r� � "Gy�� , ,vim, : ��>� � rw. $� �,�'�_`�,�� r 1'y �y :"+ ik" � f TA. ,, � rf { :. < 4 �' e (a) The Board shall, upon application retire members meeting any one of the following requirements: (1) The attainment of age 50. (2) Permanent and total disability incurred in line of duty in the police or fire department, or in the unclassified service as provided in section 70, irrespective of the number of years of Creditable Service. (3) Permanent and total disability incurred other than in the line of duty, after five years of Creditable Service. (4) The sum of the member's age and Creditable Service equals at least 70 and the member retires on or after October 1, 1998. (5) Only for periods prior to October 1, 2000 and only in the case of a May 1993 Member, the attainment of age 55 with at least 10 years of Creditable Service. (b) A member, other than a May 1993 Member who retires prior to October 1, 2000, shall be entitled to receive upon retirement under subsection (a), a monthly pension payable for life equal to: (1) Three percent of the member's average monthly Salary for each year of the member's first 15 years of Creditable Service, being computed as to a part of a year on a pro rata basis to the nearest month; plus (2) Four percent of the member's average monthly Salary for each year of the member's Creditable Service in excess of 15 years, being computed as to a part of a year on a pro rata basis to the nearest month. (c) A May 1993 Member who retires prior to October 1, 2000, shall be entitled to receive upon retirement under subsection (a) a monthly pension payable for life equal to three percent of the member's average monthly Salary for each year of the member's Creditable Service, being computed as to part of a year on a pro rata basis to the nearest month. (d) For purposes of determining a member's benefit, the average monthly Salary of the member shall be based on the average of the two highest -paid years of 4 the member prior to the date of retirement or termination, or the average of the last two paid years of the member prior to the date of retirement or termination, whichever produces the greater benefit for members employed by the City before May 19, 1993, and shall be based on the average of the three highest paid years of the member prior to the date or retirement or termination for May 1993 Members. For purposes of such calculation, Salary shall be the Salary upon which the member's contribution to the System was computed, as provided in paragraphs (1) and (2) below: , With respect to a firefighter member employed before May 19, 1993, and retiring on or after October 1, 1994, the inclusion of overtime in the member's Salary for the two highest -paid years or last two years, as the case may be, shall be limited in each year to an amount which, when c ombined with compensation for off duty services and the value of any trued sick and/or vacation leave that is included in a member's Salary for t ension contribution and benefit purposes, is equal to 11% of the highest annualized pay rate for the same salary rank that the member is in at time of - tirement 70% of the diffeefenc© between the member's annualizcd pay rate retirement be less than th eie accrued as of September 30, 1994, r" • - • • - • • --- • - ' -- • Effective July 14, 2010, all compensation received by a firefighter member who is eligtky4s4 overtime pay and who receives pay for off duty services performed after that date for which compensation is received through the City shall be included in a suclmember's Salary for pension contribution and benefit purposes; provided, in no event shall such compensation for off u _ services, in corn . na wit any overtime pay and the value of any accrued sick anr vacation leave included in a member's Salary for pension contribution and benefit purposes, a rn 's benefit exceed 11% of the highest . ' . s a y rate for the same salary rank that the member is in at time of retirement the maximum benefit provisions and limitations -� �'t .v''" d f i .,':. 1::'� a ed ;;%;t a a" e' . 1 + � .-,.� .� ,s » ttc }u .. ,?a " -x ._._:�� - .._., �' _ �' , _ 4" a.. �' .� ,y •` � '� `fi a 9 � ' 4 M _ :t contained in this scction 66. For firefighter members who are eligible for overtime pay and who retire on or after September 30, 2010, upon reaching eligibility for nefmal retirement or at the time- af-r-ctirement, a member may elect to apply unused sick and /or vacation leave for inclusion in the member's Salary for pension contribution and benefit purposes, at a cost of 10% of the value of the as follows: For each $100.00 of unused sick and /or vacation leave (at the member's current hourly rate), $90.00 shall '_ • - _ _ - - _ - _ . - _. Provided, in no event shall the value of such unused sick and /or vacation time when combined with any overtime pay and compensation for off duty services included in a members alary for pension contribution and benefit purposes, exceed 11 o71rrgri rate for the same salary ra that the member is in at time of retirement . -- - -- : - -- . • . . :: - •: - : - • 1 - accrued sick and /or vacation leave, valued at the member's hourly rate at the member contribution set forth in sec. 63; and further provided, in no event shall a member's benefit exceed the maximum benefit provisions and (2) With respect to a police officer member employed before May 19, 1993, and retiring on or after October 1, 1994, the inclusion of overtime in the member's a ary for the two highest -paid years or last two years, as the c may e, s a e hmite In eac year to an amount which, when combined with compensation for off duty services an t e value of any accrued sick and /or vacation leave that is included in a member's Salary for pension contribution and benefit purposes, is equal to 70% of the difference between the member's annualized pay rate at retirement and the highest annualized pay rate for the next higher salary rank; but in no event shall such member's accrued benefit on his date of retirement be less than the bene 'it he had accrue as o September 30, 1994, determined under the terms of the System in effect on t at - a e. Tective July 14, 2010, all 6 compensation received by a police officer member who is eligible for overtime pay and who receives pay for off duty services performed after that date for which compensation is received through the City, shall be included in such member's Salary for pension contribution and p nd benefit purposes; provided, in no event shall such compensation for off duty services, in combination with any overtime pay and the value y p y e a ue of any accrued sick and /or vacation leave included in a member's Salary for pension contribution and benefit purposes, a member's benefit exceed 70% of the difference between the member's annualized pay rate at retirement and the highest annualized pay rate for the next higher salary rank; but in no event shall such member's accrued benefit on his date of retirement be less than the benefit he had accrued as of September 30, 1994, determined under the terms of the System in effect on that date. For police officer members who are eligible for overtime pay and who retire on or after September 30, 2010, upon reaching eligibility for nefmal retirement, a member may elect to apply unused sick and /or vacation leave for inclusion in the member's Salary for pension contribution and benefit purposes, at a cost of 10% of the value of the unused sick and /or vacation leave (at the member's current hourly rate). Provided, in no event shall the value of such unused sick and /or vacation time, when combined with any overtime pay and compensation for off duty services included in a member's Salary for pension contribution and benefit purposes, exceed 70% of the difference between the member's annualized pay rate at retirement and the highest annualized pay rate for the next higher salary rank; but in no event shall such member's accrued benefit on his date of retirement be less than the benefit he had accrued as of September 30, 1994, determined under the terms of the System in effect on that date. (e) Notwithstanding anything in this section to the contrary, the benefits provided in this section shall not exceed 90% of the member's average monthly Salary as defined in subsection (d) of this section; provided, however, that the benefits for May 1993 Members shall not exceed 80% of such Salary. 7 (f) The minimum pension for a member retiring for permanent and total disability under subsection (a)(2) of this section shall be 85% of the member's Salary at the time of disability retirement; provided, however, that the minimum pension for a May 1993 Member shall be 75% of such Salary. The minimum pension for a May 1993 Member retiring for permanent and total disability under subsection (a)(3) of this section shall be 50% of the member's Salary at the time of the disability retirement. (g) If any member eligible for benefits under this article shall terminate his employment after having completed at least 10 years of Creditable Service but prior to attaining age 50 years (or after having completed one year of Creditable Service but before attaining age 55 and completing 10 years of Creditable Service for a May 1993 Member), and does not withdraw his accumulated contributions in the System, such member shall be entitled to receive upon attaining age 50 (age 55 or his termination of employment, if later, for a May 1993 Member) a monthly pension payable for life in accordance with the provisions of subsection (b) (or o subsection (c) for a May 1993 Member) of this section; provided, however, the benefit so determined shall be reduced for a May 1993 Member by 10% multiplied by the difference between the member's years of Creditable Service at his date of termination and 10. If the member dies prior to attaining age 50 (age 55 or his termination of employment, if later, for a May 1993 Member), no benefit shall be payable under subsection (b) (or subsection (c) for a May 1993 Member); instead, the member's estate shall be entitled to all moneys contributed by the member to this System together with accumulated interest on that sum at the rate of three percent per annum computed until the date of payment to the member's estate. (h) (1) Notwithstanding anything in this section to the contrary, the minimum monthly pension payable for the life of any member who was employed prior to July 1, 1976 and who retires after attaining age 50 and completing at least 15 years of Creditable Service or after meeting the requirements of subsection (a)(3) or (a)(4) of this section 66 shall be equal to: 8 (A) Three percent of the member's average monthly Salary for each of the first 20 years of his Creditable Service, being computed as to a part of a year on a pro rata basis to the nearest month; plus (B) Two and three - quarters percent of the member's average monthly Salary for each of his years of Creditable Service in excess of 20, being computed as to a part of a year on a pro rata basis to the nearest month. (2) For purposes of this subsection (h) the member's average monthly Salary shall be the Salary upon which the member's contribution to the System was computed for the two highest paid years of the member prior to his date of retirement. (3) Notwithstanding anything to the contrary, benefits provided under this subsection (h) shall not be more than 85% of the average monthly Salary used to compute the benefit under this subsection. (4) The minimum pension for a member retiring under this subsection (h) for permanent and total disability shall be 75% of the member's Salary at the time of his disability retirement. (i) Nothing in this section shall be construed to prevent the City manager or the Board from initiating action for the compulsory retirement of a member eligible for retirement, prior to such age, where such member is considered to be unfit for the proper performance of his duties because of physical or mental incapacity. Upon certification by the medical board designated by the Board pursuant to section 76(j) that such member is mentally or physically incapable of proper performance of duties, the member shall be automatically retired. Any member who is compulsorily retired by an act of the Board shall have the right to appeal such retirement to a court of proper jurisdiction. The member shall defray his own expense in his appeal of such compulsory retirement. (j) Members with ten (10)20 or more years of creditable service who --are ' • ' - - - - _ . _ -- _ - • _ may also 9 purchase up to an additional six percent (6 %) benefit multiplier in accordance with 0 this subsection. A member may purchase up to an additional six percent (6%) benefit multiplier if the additional creditable service for prior public safety purchased pursuant to sec. 65(d) or prior military service pursuant to sec. 82(b) does not exceed a combined total of two (2) years; and a member may purchase an additional three percent (3 %) benefit multiplier if the additional creditable service for prior public safety service purchased pursuant to sec. 65(d) or prior military service pursuant to sec. 82(b) does not exceed a combined total of three (3) years. The cost for each additional three percent (3 %) benefit multiplier purchased shall be the same as the cost for each year of prior military service purchased in accordance with sec. 82 (b). For the purpose of this purchase, a member may use the value of accrued sick and/or annual leave, valued at the member's hourly rate at the time of purchase. The purchase of an additional benefit multiplier provided in this subsection (j), must be completed within thirty -six (36) months following September 30, 2010, or within thirty -six (36) months following a member's completion of ten (10) years of creditable service under the System, whichever occurs later for the member. If a member does not complete the purchase of an additional benefit multiplier as p rovided in this subsection (d) within the thirty -six (36)t= cnty four (24) month period, he /she shall not be eligible for such purchase in the future. Section 3. Section 67 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Sec. 67. Cost -of- living adjustment. * {g) Effective September 30, 2010 for members who retire on or after that date, the cost of living adjustment provided in this Section 67 shall be applied annually on the anniversary date of the member's retirement. * * * 1.0 Section 43. Effective September 30, 2010, Section 79 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is amended to read: Sec. 79. - Deferred Retirement Option Plan (DROP). (a) Eligibility - Any active member member of the System may enter into the DROP on the first day of any month following the date upon which the member first becomes eligible for a normal service retirement, subject to the provisions of this section 79. (b) Conditions of Eligibility - Upon becoming eligible to participate in the DROP, a member may elect to enter that program for a period not to exceed 36 months. Notwithstanding, DROP participation may not continue beyond the date when the member's combined years of creditable service and time in the DROP equals 352 months (387 months for members who were members prior to July 1, 1976). Members who enter the DROP on or after September 1, 2012 shall be eligible to participate for a period not to exceed sixty 160) months. Notwithstanding, for those members who enter the DROP on or after September 1, 2012, participation may not continue beyond the date when the member's combined years of creditable service and time in the DROP equals 376 months (390 months for members hired after July 14, 2010). Provided also that participation in DROP shall require the member to complete and submit the following prior to start of DROP payments. 1. Such forms as may be required by the Board or Plan Administrator. Election of the DROP is irrevocable once DROP payments begin. 2. A waiver and an irrevocable resignation from employment with the actual date of termination being the date designated by the member as the end of his /her DROP participation. The administration and timing of execution and delivery of the waiver and resignation forms shall meet the requirements of the Age Discrimination in Employment Act and the Older 11 Worker's Benefits Protection Act, as same may be amended from time to time. (c) Conditions of Employment for DROP Participants - Members shall be subject to termination of employment while in DROP to the same extent as they were in their pre -DROP status. A member who has elected the DROP remains an employee during the DROP period and receives all the benefits of being an employee during the DROP period, except any form of pension contribution. (d) Effect of DROP Participation. 1. A member's creditable service and his /her accrued benefit under the System shall be determined on the date of his /her election to participate in the DROP first becomes effective. 2. The member shall not accrue any additional creditable service while he /she is a participant in the DROP, or after termination of participation in the DROP. 3. A DROP participant is not eligible for disability benefits from the Plan. 4. A member may participate in the DROP only once. 5. Effective with the start date of a member's DROP participation, contributions to the Pension Plan by the member and the normal cost contribution to the Pension Plan by the City, on behalf of the member, shall cease. (e) Payments to DROP Account - A DROP account shall be created for each member who elects to participate in the DROP. A DROP account shall consist of amounts transferred to the DROP from the Plan, which include the monthly retirement benefits, including any future cost of living increases, that would have been payable had the member elected to cease employment and receive a normal retirement benefit upon commencing participation in the DROP, and earnings on those amounts. Provided, members who enter the DROP on or after September 1, 2012, shall receive a zero percent (0 %) cost of living adjustment for the third (3rd) and fourth (4th) annual adjustment dates, 12 regardless of whether the member remains in the DROP for the maximum five (5) year period. Provided further, any member who exits the DROP within six (61 months following the date of DROP entry, shall be eligible for the cost of living adjustment as otherwise provided in sec. 67. (f) DROP Account Earnings 1. Members may direct their DROP account balance to any of the investment options offered and approved by the Board. Any losses incurred by the participant shall not be made up by the City or the Pension Plan. The selection of these programs shall be made by the participant on forms provided by the Board. Any and all interest and or earnings shall be credited to the participant's DROP account. 2. A member's DROP account shall only be credited or debited with earnings while the member is a participant in the DROP and, depending on the DROP Account Payment Options selected, after the member dies, retires, or terminates employment with the City of Miami Beach. f g) Payment of DROP Account Funds - Upon termination of a member's employment for an reason, whether by retirement resignation, (for any , es Y g discharge, disability, or death), the retirement benefits payable to the member or to the member's beneficiary shall be paid to the member or beneficiary and shall no longer be paid to the member's DROP account. No payments will be made from the DROP account until the member terminates employment. (h) DROP Account Payment Options - Following the termination of a member's employment, the member shall select one of the following options to begin to receive payment from his /her DROP account. Said selection shall occur no later than 30 days prior to the end of the DROP participation period or within 30 days following the termination of a 13 member's employment if said termination of employment occurs prior to the end of the DROP participation period: 1. Lump Sum - All accrued DROP benefits, plus interest, shall be paid from the DROP in a single lump sum payment. 2. Partial Lump Sum - A member designated portion of accrued DROP benefits, plus interest, shall be paid from the DROP in a partial lump sum payment with the remainder being directly rolled over into an eligible retirement plan. 3. Direct Rollover - All accrued DROP benefits, plus interest, shall be paid from the DROP directly to the custodian of an eligible retirement plan. 4. Other method(s) of payment that are in compliance with the Internal Revenue Code and adopted by the Board. (i) Death of DROP Participant - If a DROP participant dies before his /her account balances are paid out in full, the participant member's designated beneficiary shall have the same rights as the member to elect and receive the pay -out options set forth in Paragraph (h), above. DROP payments to a beneficiary shall be in addition to any other retirement benefits payable to the beneficiary. (j) Administration of DROP Accounts. 1. The Board shall make such administrative rules as are necessary for the efficient operation of DROP, but shall neither create any rule that is inconsistent with the this section 79, nor any rule that would be a mandatory subject of collective bargaining. 2. At all times, the DROP will be administered so that the System remains qualified under the Internal Revenue Code and is in compliance with the Internal Revenue Code and applicable laws and regulations. 14 International Association of Firefighters IAFF ratified by the City ) Y Y Commission on September 23, 1998 and between the City and the Fraternal Order of Police (FOP) ratified by the City Commission on July 15, 1998, and any amendments to those agreements. The DROP shall also contain such other tcrms and provisions as the Board deems necessary appropriate proper and a ro riatc for the ro er administration of the DROP. The terms and provisions of the DROP shall be incorporated into this article by Section 5 4. Effective July 14, 2010, a new section 87 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami Beach City Code, is created to read: Sec. 87. Benefits for employees hired on or after July 14, 2010. The pension benefits for employees hired on or after July 14, 2010 shall be as provided in the sections 61 through 86, except as follows: (a) The benefit multiplier shall be three percent (3 %) for each year of creditable service for the first 20 years of service, and four percent (4 %) for each year of creditable service after 20 years of creditable service. (b) The normal retirement date shall be as provided in sec. 66, except that a member must attain age 48 to be eligible for "Rule of 70" retirement. lc) Final average monthly salary shall be based on the three (3) highest paid years or last three (3) years as the case may be, prior to retirement or separation from employment. id) The cost of living adjustment shall be one and one -half percent (1.5 %) annually. (e) Members who enter the DROP shall receive a zero percent (0 %) cost of living adjustment for the third (3rd) and fourth [4th) annual adjustment dates, regardless of whether the employee remains in the DROP for the maximum five (5) year period. Provided, any member who exits the DROP within six (6) months following the date of DROP entry, shall be eligible for the cost of living adjustment as otherwise provided in paragraph (d) above. 15 Section 6-5. 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 76. Effective Date. This Ordinance shall take effect ten days following adoption, except as otherwise specified herein. PASSED and ADOPTED by the City Commission of the City of Miami Beach this 17 thday of November , 2010. 44 1. te Mayor Attest: (Seal) APPROVED AS 10 FORM & LANGUAGE 8& FOR EXECUTION 1st Reading — July 14, 2010 2nd Reading November 17, 2010 l / 1 if. //0 a' Mort 'f .i ' Ode T:\ AGENDA \2010\November 17\Regular\IAFF FOP Pension Ordinance 2nd Rdg.doc 16 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City amending Part 1, Subpart B, Article IX, Related Special Acts, of the City Code entitled, "Pension System for disability and retirement of members of Police and Fire Departments "; amending Section 65 entitled "Computation of creditable service; service record', Providing for the purchase of additional creditable service upon completion of ten years of service with the City; amending Section 66 entitled, "Service and Disability Benefits Generally", providing for the inclusion of Unused Sick and /or Vacation time in a member's Final Average Monthly Earnings, Subject to certain limitations; amending Section 79 entitled "Deferred Retirement Option Plan ", providing for a maximum DROP period of sixty months and a modified Cost of Living Adjustment during the DROP period; creating a new Section 87 entitled "Pension Benefits for Firefighters and Police Officers hired on or after ratification of the Agreement"; providing for severability; repealing all Ordinances in conflict therewith; and providing for an effective date. Key Intended Outcome Supported: Control costs of payroll including salary and fringes/ minimize taxes/ ensure expenditure trends are sustainable over the long term. Supporting Data (Surveys, Environmental Scan, etc N/A Issue: Should the City Commission adopt the ordinance to amend Part I, Subpart B, Article IX, Related Special Acts, of the Miami Beach City Code? Item Summary /Recommendation: Second Reading The City has been negotiating with the IAFF and FOP to amend and change the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach (Fire and Police Pension Plan) in order to effectuate recurring savings in the overall reduction to the City's Annual Required Contribution (ARC), as well as a reduction in the Unfunded Accrued Actuarial Liability (UAAL). The IAFF and FOP agreed for current employees to increase the DROP period from 3 to 5 years with a "Guaranteed" zero COLA for 2 years; making Off -Duty assignments pensionable; and using sick and vacation leave in exchange of reaching the fixed cap. For new employees, the retiree COLA will be 1.5 %; Rule of 70 with a minimum age of 48; three (3) year FAME; "Guaranteed" 0% retiree COLA for 2 years; and a multiplier of 3% for the first 20 years and 4% thereafter. The Administration recommends that the City Commission approve the ordinance on second reading. This item was previously presented on second reading at the October 27, 2010, City Commission meeting. By a vote of 3- 3, the item initially failed. However, Commissioner Wolfson made a motion to reconsider and the item was opened and continued to the November 17, 2010 City Commission meeting. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: Year 1 Reduction of City's ARC payable on October 1, 2010 due to Actuarial >� v m= ($827,207) Impact Statement revising the methodology for pensionable pay. Year 2 Impact of Zero Salary COLA; Guaranteed Zero DROP COLA realized aF K ($840,000) as experience gains; Impact of Off -Duty Pensionable and Overtime y Cap - Subject to the State recognizing these savings ME 2 Year 3 Impact of Zero Salary COLA; Guaranteed Zero DROP COLA Off -Duty ($840,000) Pensionable and Overtime Cap Plus the impact =" of changes for 712, : '' future employees OBPI ($2,507,207) x „ Financial Impact Summary: Savings for three (3) years based on FOP and IAFF Agreements combined total $2,507,207. In addition, these concessions will yield additional, long -term, recurring savings in future fiscal years. City Clerk's Office Legislative Tracking: Ramiro Inguanzo, Human Resources Director Si • n -Offs: t t tit D ep a rtmen t Di recto r�p Y F�� z ' iro Inguanzo 1 Hilda Fernandez orge M. Gonzalez T:\AG NDA \2010 \O tober 27 \R ular \IAFF FOP g O Pension Ordinance 2ndRdg Su *ary.doc 11 MIAMIBE-f H Aw. AGENDA ITEM R513 DATE II 10 tD MIAMI 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 Erro DATE: November 17, 2010 Second Reading SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS "; IMPLEMENTING PROVISIONS OF THE 2009 -2012 COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY AND FIRE FIGHTERS OF MIAMI BEACH, IAFF LOCAL 1510 AND THE MIAMI BEACH FRATERNAL ORDER OF POLICE, FOP WILLIAM NICHOLS LODGE NO. 8; AMENDING SECTION 65 ENTITLED "COMPUTATION OF CREDITABLE SERVICE; SERVICE RECORD ", PROVIDING FOR THE PURCHASE OF ADDITIONAL CREDITABLE SERVICE UPON COMPLETION OF TEN YEARS OF SERVICE WITH THE CITY; AMENDING SECTION 66 ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY ", PROVIDING FOR THE INCLUSION OF UNUSED SICK AND /OR VACATION TIME IN A MEMBER'S FINAL AVERAGE MONTHLY EARNINGS, SUBJECT TO CERTAIN LIMITATIONS; AMENDING SECTION 79 ENTITLED "DEFERRED RETIREMENT OPTION PLAN ", PROVIDING FOR A MAXIMUM DROP PERIOD OF SIXTY MONTHS AND A MODIFIED COST OF LIVING ADJUSTMENT DURING THE DROP PERIOD; CREATING A NEW SECTION 87 ENTITLED "PENSION BENEFITS FOR FIREFIGHTERS HIRED ON OR AFTER RATIFICATION OF THE 2009 -2012 COLLECTIVE BARGAINING AGREEMENT ";PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND During the July 2009 Finance and Citywide Projects Committee (Committee) budget preparation meetings for the FY2009/2010 Budget, the Committee requested that all City of Miami Beach employees make certain financial concessions to help address the challenges being faced during the FY2009/2010 budget cycle and beyond. The Committee requested the Administration to budget for specific employee givebacks for FY2009/2010, which would in turn effectuate a cost savings of approximately $4.3 million (approximately $3.5 million savings attributed to the General Fund and $800,000 from various enterprise funds). Furthermore, in 2010 the City Commission directed the Administration to secure and budget for an additional $11 million in savings attributed to employee givebacks for FY2010/2011. Therefore, the total amount of employee givebacks for both the FY2009/2010 and FY2010/2011 was $15.3 million. City Commission Memorandum November 17, 2010 Fire and Police Pension Ordinance 2nd Reading Page 2 of 6 The City currently has a total of seven (7) salary groups who represent employees: (1) the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME); (2) the Communications Workers of America, Local 3178 (CWA); (3) the Government Supervisors Association of Florida /OPEIU, Local 100 (GSA); (4) the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP); (5) the International Association of Fire Fighters, Local 1510 (IAFF) (6) Unclassified and (7) OTHERS (Classified employees not represented by a bargaining unit). Based upon the direction received from the City Commission, the $15.3 million employee savings in concessions for FY2009/2010 and FY2010/2011 P Y combined was to be divided up proportionately amongst each of the seven (7) salary groups based on total budgeted payroll and a proportionate share of the preliminary FY2010/2011 City's Annual Required Contributions to both of the City's pension plans. In addition, the City Commission also directed the Administration to negotiate with the respective unions for pension changes to both of the City's pension plans (the Miami Beach Fire Fighters and Police Officers (Fire and Police) Pension Plan and the Miami Beach Employees' Retirement Plan (MBERP)), in order to obtain recurring savings for future years in each of the pension plans. The IAFF three (3) year Collective Bargaining Agreement (Agreement) (covering the period of October 1, 2006 through September 30, 2009) expired on September 30, 2009. In anticipation of the Agreement expiring, negotiators for the City and IAFF began negotiating for a successor three (3) year Agreement in August 2009. After eleven (11) formal negotiation sessions and several discussions away from the negotiation table, the City and IAFF successfully concluded negotiations and on July 14, 2010 the City Commission ratified a three (3) year labor agreement covering the time period of October 1, 2009 through September 30, 2012. The significant concessions agreed to by the IAFF include: a zero Cost of Living Adjustment (COLA) for 30 months; an employee contribution of five percent (5 %) of gross compensation from all employees covered under the IAFF bargaining unit for a time period of 18 months to offset the City's contributions to the Florida Firefighters Insurance Trust Fund (their health insurance trust); a reduction in holiday pay hours from twelve (12) hours to nine (9) hours; and a number of changes to the Fire and Police Pension Plan for both current and future employees (as outlined in this memo). The FOP three (3) year Collective Bargaining Agreement (Agreement) (covering the period of October 1, 2006 through September 30, 2009) also expired on September 30, 2009. In anticipation of the Agreement expiring, negotiators for the City and FOP began negotiating for a successor three (3) year Agreement in August 2009. After fifteen (15) formal negotiation sessions and several discussions away from the negotiation table, the City and FOP successfully concluded negotiations and on July 14, 2010 the City Commission ratified a three (3) year labor agreement covering the time period of October 1, 2009 through September 30, 2012. The significant concessions agreed to by the FOP include: a zero Cost of Living Adjustment (COLA) for 30 months; an employee contribution of five percent (5 %) of gross compensation from all members covered under the FOP bargaining unit for a time period of 18 months to offset the City's contributions to the Miami Beach Fraternal Order of Police Insurance Trust Fund (their health insurance trust); an additional $7.00 increase the police vehicle take -home user fee for an eighteen (18) month period; and a number of changes to the Fire and Police Pension Plan for both current and future employees (as outlined in this memo). ANALYSIS The new Agreements with the IAFF and FOP provide for several pension adjustments and changes for current and future employees including the following: Deferred Retirement Option Plan (DROP) - The current DROP period is three (3) years. However, with the new Agreement, employees who enter the DROP on or after September 1, 2012, will be eligible to participate in the DROP for a period not to exceed five (5) years. City Commission Memorandum November 17, 2010 Fire and Police Pension Ordinance 2nd Reading Page 3 of 6 For those employees who enter the DROP after September 1, 2012, they will receive a zero percent (0 %) cost of living adjustment for the third and fourth annual adjustment dates while in the DROP. If the employee leaves the DROP at any point after six (6) months they will still be subject to a zero percent (0 %) COLA for the third and fourth annual adjustment dates. By not having a DROP COLA in the third and fourth years, the initial estimates provided by the City's actuary for the purpose of negotiations estimated that there will be a substantial recurring savings in the City's Annual Required Contribution (ARC) towards the Fire Fighters and Police Pension Plan of approximately $700,000 per year. The Fire and Police Pension Plan actuary has subsequently provided an estimated savings of $651,000. At the time of this writing, the City is still awaiting a response from the State of Florida Division of Retirement confirming whether or not these savings could retroactively be applied to the City's ARC due on October 1, 2010. In addition, the DROP COLA will be granted on the anniversary of the employee entering the DROP, as opposed to the current method of pro- rating it to occur on October 1 of each year. The retiree COLA will be earned /granted on that same anniversary date. Additional Creditable Service - Currently, employees can purchase additional creditable service of up to two (2) years of full -time public safety service as a firefighter or a law enforcement office prior to City employment, and up to an additional six percent (6 %) multiplier on the additional creditable service years being purchased, upon completion of 20 years of creditable service with the City. Most employees in IAFF and FOP take advantage of these two (2) provisions. With the new Agreements, any current or future employee that retires on or after September 30, 2010 can make these purchases upon completion of ten (10) years of creditable service (when they vest). Since most employees take advantage of these provisions, there is a benefit to the pension plan to change the eligibility for these buy- backs, as the pension plan will receive the funds earlier and thus be able to invest the funds sooner. It is anticipated that the investment earnings on the funds will be larger since the collection of the funds will be earlier. The City's actuary and the Fire and Police pension actuary estimated this change to have a small impact towards savings to the ARC next year, with a recurring savings year after year. Overtime Cap - The Fire and Police Pension Plan currently has provisions in place regarding how overtime is to be used in the calculation of a member's retirement benefits. The existing calculation is that overtime earned is added to the retirement benefit with a cap of "70% of the next highest rank ". Based on the ratified IAFF Agreement, the City and the IAFF have agreed to replace the "70% of the next highest rank" calculation with an alternative formula. For those employees covered under the IAFF bargaining unit, overtime for the purposes of calculating a member's retirement benefit shall not exceed eleven percent (11%) of their salary at the time of retirement. Based on the terms and conditions of the ratified FOP Agreement, the overtime calculation for the purposes of calculating a member's retirement benefit remains unchanged (capped at 70% of the next highest rank). In addition to the change in the overtime calculation for those members covered under the IAFF bargaining unit, employees will be able to reach the caps mentioned above (eleven (11%) for IAFF and 70% of the next highest rank for FOP) by using the following two (2) alternatives: • Employees will be able to apply unused sick and /or vacation time for inclusion in the member's salary for pension purposes as follows: for each one hundred dollars ($100) of unused sick and /or vacation time (at the member's hourly rate), ninety dollars ($90) shall be applied toward the members final average monthly salary and ten ($10) shall be contributed to the pension fund. However, in no event will the value of unused sick and /or vacation time applied to a member's City Commission Memorandum November 17, 2010 Fire and Police Pension Ordinance 2 Reading Page 4 of 6 salary for pension purposes, when added to any overtime pay and /or off -duty pay, exceed the cap of eleven percent (11%) for members covered under the IAFF bargaining unit and 70% of the next highest rank for members covered under the FOP bargaining unit. This should encourage members to not use sick and /or vacation time, which drives overtime costs for the City. As such, savings in overtime expenses are expected. • Off -duty services will also be pensionable as another means to reach the cap of eleven percent (11%) for members covered under the IAFF bargaining unit and 70% of the next highest rank for members covered under the FOP bargaining unit. Currently, the City receives no employee contribution for off -duty, as it is not pensionable. Once it becomes pensionable, the employee will be required to make a ten percent (10 %) pension contribution on all off -duty worked. This will provide additional revenue into the pension system for investment. However, in no event will the value of off -duty pay applied to a member's salary for pension purposes, when added to any overtime pay and /or unused sick and /or vacation, exceed the cap of eleven percent (11 %) for members covered under the IAFF bargaining unit and 70% of the next highest rank for members covered under the FOP bargaining unit. Based on current off -duty amounts paid it is estimated that the City will collect approximately $330,000 per year from the FOP and IAFF towards the pension. The Fire and Police Pension Plan actuary has estimated an impact of a $369,000 increase to the Annual Required Contribution in future years. However, the City's pension actuary disagrees with this figure and is currently working with the State of Florida Division of Retirement to address the methodology utilized by the Pension Plan's actuary. Future Employees - For future employees, in addition to the changes referenced above, there are additional pension changes, including: • Retiree COLA (including while in the DROP) will change from 2.5% to 1.5 %; • Rule of 70 retirement eligibility will change from having no minimum age to having a minimum age of 48; • Final Average Monthly Earnings (FAME) changing from two (2) to three (3) years; and • Benefit Multiplier will change from three percent (3 %) for each year of creditable service for the first 15 years of service and four percent (4 %) thereafter to three percent (3 %) for each year of creditable service for the first 20 years of service and four percent (4 %) thereafter. Buck Consultants, the actuary for the Fire and Police Pension Plan, has stated that the implementation of the pension changes for any employee hired after the amendment to the City's pension ordinance will not generate any immediate savings. However, future savings will be realized in future fiscal years resulting in savings towards the City's ARC and the Unfunded Accrued Actuarial Liability (UAAL). Wages- Effective October 1, 2009 through September 30, 2010; October 1, 2010 through September 30, 2011; and October 1, 2011 through March 31, 2012, there will be no across - the -board wage increases (COLA) for this period for any FOP or IAFF bargaining unit members. It was initially estimated that the impact to the City's Annual Required Contribution (ARC) for the Fire and Police Pension Plan due on October 1, 2010 would be a reduction of approximately $1.4 million if no Cost of Living increases were provided to any active plan participants for FY 2009/2010 and FY 2010/2011 (both Fire and Police). The savings from no COLA in year one (1) have already been reflected in the calculation provided to the City for the City's ARC due on October 1, 2010. Due to subsequent assumption revisions, it is estimated that the savings from COLA in year two (2) will be approximately $557,000. During contract negotiations the IAFF and the FOP proposed that any changes to the Fire and Police Pension Plan would require a referendum vote by the residents of Miami Beach. The City Attorney's City Commission Memorandum November 17, 2010 Fire and Police Pension Ordinance 2nd Reading Page 5 of 6 position has consistently been that no referendum vote is required to make changes to the Fire and Police Pension Plan and therefore rejected the Union's proposal. Ultimately, the City and Unions reached agreement on the pension changes proposed in this ordinance with no stipulation in the union contracts for a referendum vote to effectuate these changes. Even though the City and the Unions have reached agreement on these pension changes, the Fire and Police Pension Board attorney has recommended to the Pension Board that these changes not become effective unless the City agrees to a referendum vote to effectuate these changes. The City's position remains that no referendum vote is required and that these matters are subject to the collective bargaining process. This item was previously presented on second reading at the October 27, 2010, City Commission meeting. By a vote of 3 -3, the item initially failed. However, Commissioner Wolfson made a motion to reconsider and the item was opened and continued to the November 17, 2010 City Commission meeting. CONCLUSION The IAFF and FOP Unions have agreed to the pension changes described above. Based on the original estimates provided by the Fire and Police Pension Plan actuary and the City's actuary, the initial estimated pension savings was estimated to be approximately $2.48M. Since a portion of these savings derived from the zero salary COLA had already been applied towards FY2009/2010 and a portion of the $2.48M savings would be realized as experience gains rather than a reduction towards the City's ARC, the Administration budgeted a savings of approximately $1.1M from the total estimated savings of $2.48M towards the FY2010/2011 budget. However, subsequent to this item being presented to the City Commission on First Reading at the July 14, 2010 City Commission meeting, the Administration received a Actuarial Impact Statement from the Fire and Police Pension Board's actuary which applied the new assumptions consistent with the pension changes agreed to by both the IAFF and FOP. The Actuarial Impact Statement was reviewed by the City's pension actuary, who raised concerns regarding some of the methodologies being utilized by the Fire and Police Pension Plan actuary. Subsequently, a number of discussions have been held between the City's pension actuary, the Fire and Police Pension Plan actuary and the State of Florida Division of Retirement to address some of these concerns. Based on these discussion, the Fire and Police Pension Plan actuary has since submitted a revised Impact Statement which amended the methodology utilized for the calculation of pensionable pay and thus, realizing a reduction to the City's ARC due on October 1, 2010 by $827,207, subject to the Fire and Police Pension Plan Board's approval to adopt the revised Actuarial Impact Statement (currently on the Fire and Police Pension Board October 21, 2010 meeting agenda). Once approved, this revised methodology will provide a recurring savings going forward. At the time of this writing, the City is still awaiting a response from the State of Florida Division of Retirement regarding the methodologies utilized by the Fire and Police Pension Plan actuary for calculating the impacts of the zero salary COLA and the impacts derived from the changes in the overtime cap calculation and Off -Duty Pay being pensionable. If both actuaries and the State are all in agreement, approximately $1.2M would be recognized as experience gains applicable towards the ARC payable on October 1, 2010. Of this $1.2M, an experience gain of approximately $557,320 would be recognized from the freeze on the salary COLA, and an additional experience gain of approximately $651,322 would be recognized from the two (2) zero retiree COLA's while the member is in the DROP. At a minimum, the City anticipates the remaining savings of approximately $1.2M will be recognized as experience gains applicable towards the FY2010/2011 Plan year, thus reducing the City's ARC due on October 1, 2011. City Commission Memorandum November 17, 2010 Fire and Police Pension Ordinance 2 nd Reading Page6of6 Based on the proposed pension changes agreed to by the IAFF and the FOP, as well as the methodology change agreed to above, the City estimates these changes for both current and future members of the Fire Fighters and Police Officers Pension Plan to yield a total savings of approximately $2.5M applicable through the three (3) year term of the Agreements for both the IAFF and the FOP. In addition, these proposed changes to the City's pension ordinance will result in additional long -term, recurring savings in future fiscal years. The Administration recommends that the City Commission adopt the ordinance on second reading. 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This notice does not con - consent by t or admission of othe a e e y ibi , mss • , ,,_A ; authorize challenge ... 4 , , 1 , . ,,;� = In accordance with the hs with Disabilities Act `' ;special accommodation to participate in this proce: 4� , ' Y , on. ..personswith.disabilrties, or to reque - ,, ,,,, u erpreters, should E t. r ur days prior ,,, s1 arnpaireq,,, .contact the C .-- via the k � k ;o,F �< 1 ] A i 4 3 6 sa 4,,,or .�c 3 fit �e.p .. -