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2014-3864 Ordinance ---77707777�77 i ORDINANCE NO. 2014-3864 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IMPLEMENTING PROVISIONS OF THE 2013-2016 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME) LOCAL 1554; AMENDING THE MIAMI BEACH EMPLOYEES' RETIREMENT PLAN CREATED BY ORDINANCE 2006-3504; AMENDING SECTION 2.26 OF THE PLAN BY EXTENDING THE DEFERRED RETIREMENT OPTION PLAN (DROP) PROGRAM fR.01M THREE (3) TO FIVE (5) YEARS FOR ELIGIBLE MEMBERS; AMENDING SECTION 5.13 TO REFLECT AMENDED ELIGIBILITY AND PARTICIPATION REQUIREMENTS AND AMENDED DROP PLAN FEATURES; AMENDING SECTION 4.03 BY ELIMINATING THE PURCHASE OF ADDITIONAL CREDITABLE SERVICE EFFECTIVE APRIL 23, 2015; AMENDING SECTION 6.02 OF THE PLAN BY REINSTATING AN ADDITIONAL TWO PERCENT MEMBER CONTRIBUTION FOR MEMBERS OF THE AFSCME BARGAINING UNIT HIRED PRIOR TO SEPTEMBER 30, 2010; AND ELIMINATING THE ADDITIONAL TWO PERCENT MEMBER CONTRIBUTION WHEN THE PLAN ACTUARY CONFIRMS THAT THE CITY'S ANNUAL REQUIRED CONTRIBUTION TO THE RETIREMENT PLAN IS 23.5% OF PAYROLL OR LESS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Section 2.26 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 2.26 Deferred Retirement Option Plan (DROP) —A program under which a Member who has reached the normal retirement date may elect to retire for purposes of the Plan but continue employment with the City for up to thirty-six (36) months, and have his/her monthly retirement benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. Notwithstanding the preceding sentence: a) Effective July 17, 2013, Members within classifications in the CWA bargaining unit who were hired prior to October 27, 2010, and Members not included in any bargaining unit, who were hired prior to September 10, 2010, may elect to retire for purposes of the Plan but continue employment with the City for up to sixty (60) months, and have their monthly retirement benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. (b) NeWthst-andiRg the PFeGeding , Effective October 16, 2013, Members within classifications in the GSAF bargaining unit who were hired prior to July 14, 2010, may elect to retire for purposes of the Plan but continue employment with the City for up to sixty (60) months, and have their monthly retirement benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. (c) Effective April 23, 2014, Members within classifications in the AFSCME bargaining unit who were hired prior to September 30, 2010, may elect to retire for purposes of the Plan but continue employment with the City for up to sixty (60) months, and have their monthly retirement benefit paid into a DROP account during the DROP period, in accordance with Section 5.13. Section 2. Section 5.13 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 5.13 A deferred retirement option plan ("DROP") is hereby established for eligible Members, as follows: (a) Eligibility and participation: 1. A Member who attains the normal retirement date shall be eligible to participate in the DROP. 2. A Member's election to participate in the DROP shall be irrevocable. A Member may participate in the DROP only once. 3. An eligible Member may participate in the DROP for a maximum of thirty-six (36) months. Effective July 17, 2013, Members within classifications in the CWA bargaining unit, who were hired prior to October 27, 2010, and Members not included in any collective bargaining unit, who were hired prior to September 10, 2010, may participate in the DROP for a maximum of sixty (60) months. Effective October 16, 2013, Members within classifications in the GSAF bargaining unit, who were hired prior to July 14, 2010, may participate in the DROP for a maximum of sixty (60) months. Effective April 23, 2014, Members within classifications in the AFSCME bargaining unit, who were hired prior to September 30, 2010, may participate in the 2 DROP for a maximum of sixty (60) months. 4. An eligible Member who elects to participate in the DROP must provide at least thirty (30) days' advance written notice to the City of his or her election to participate in the DROP. A Member who elects to participate in the DROP may elect to terminate DROP participation and City employment sooner than the maximum DROP period, with thirty (30) days' advance written notice to the City. 5. Effective July 17, 2013, any Member within classifications in the CWA bargaining unit, and any Member not included in any collective bargaining unit, who previously executed an election form entitling him/her to participate in the DROP for a period of less than sixty (60) months and whose DROP period ceases between July 1, 2013 and July 16, 2016, shall have a one-time opportunity to submit an irrevocable amended election from provided by the Board, within thirty (30) calendar days following the effective date of this ordinance, extending his or her DROP period to a maximum of sixty (60) months in total. Effective October 16, 2013, any Member within classifications in the GSAF bargaining unit, who previously executed an election form entitling him/her to participate in the DROP for a period of less than sixty (60) months and whose DROP period ceases between October 16, 2013 and October 15, 2016, shall have a one-time opportunity to submit an irrevocable amended election from provided by the Board, within thirty (30) calendar days following the effective date of this ordinance, extending his or her DROP period to a maximum of sixty (60) months in total. Effective April 23, 2014, any Member within classifications in the AFSCME bargaining unit, who Previously executed an election form entitling him/her to participate in the DROP for a period of less than sixty (60) months and whose DROP period ceases between April 23, 2014 and April 22, 2015, shall have a one-time opportunity to submit an irrevocable amended election from provided by the Board, within thirty (30) calendar days following the effective date of this ordinance, extending his or her DROP period to a maximum of sixty (60) months in total. 3 (b) DROP plan features: 1. An eligible Member who elects to participate in the DROP will be considered to have retired for purposes of the Plan upon entry into the DROP, except that such Member shall be eligible to vote for and serve as an Employee member of the Board of Trustees during the DROP participation period. The Member's monthly retirement benefit, determined in accordance with the Plan based on years of creditable service and final average monthly earnings at the time the Member enters the DROP, will be paid into the Member's DROP account every month during the DROP period. 2. No Member contributions shall be required after a Member enters the DROP, and the Member will not accrue any additional creditable service or any additional benefits under the Plan after entering the DROP. No City normal cost contributions shall be required after a Member enters the DROP and DROP participants shall be excluded from the covered payroll for the Plan. 3. A Member who elects to participate in the DROP shall not be eligible for disability or preretirement death benefits under the Plan; nor shall a Member be eligible for any post retirement adjustment provided in Section 5.10 during the DROP participation period. 4. A Member who elects to participate in the DROP shall retain the earned balance of annual and sick leave as of the date of entry into the DROP, and shall continue to earn annual and sick leave during the DROP period, in accordance with applicable City ordinances. Alternatively, at the time of entry into the DROP, a Member may request full or partial payment of the earned balance of annual and sick leave as of the date of entry into the DROP, up to the maximum allowed by applicable City ordinances for employees who terminate City employment, but reduced by the amount of annual and sick leave used for the purchase of additional credited service under section 4.03, if any, at the Member's rate of compensation upon entering the DROP; provided that the Member must retain at least 120 hours of accrued sick leave after any such payment. Upon termination of City employment, a Member who has participated in the 4 DROP shall be eligible to receive payment for the earned balance of annual and sick leave as of the date of termination, up to the maximum allowed by applicable City ordinances for employees who terminate City employment, but reduced by the amount of annual and sick leave for which payment was received upon entry into the DROP, if any; and further reduced by the amount of annual and sick leave used for the purchase of additional credited service under section 4.03, if any. In no event shall payments for accrued annual or sick leave be included in a member's Earnings for purposes of the Plan. 5. As a condition of participating in the DROP, the Member must agree to terminate City employment at the conclusion of the DROP period, and to submit an irrevocable letter of resignation stating this prior to entering the DROP. A Member who elects to participate in the DROP must also submit an irrevocable written DROP election prior to entering the DROP on a form provided by the Board. Notwithstanding the preceding sentence, eligible Members who are participants in the DROP on July 1, 2013, shall be given a one-time opportunity to submit an irrevocable amended election form, as provided in Section 5.13 (a) 5., extending the DROP period to a maximum of sixty (60) months in total. Notwithstanding the preceding sentence, eligible Members who are participants in the DROP on October 16, 2013, shall be given a one-time opportunity to submit an irrevocable amended election form, as provided in Section 5.13 (a) 5, extending the DROP period to a maximum of sixty (60) months in total. Notwithstanding the preceding sentence, eligible Members whose classifications are covered by the AFSCME bargaining unit who are participants in the DROP on April 23, 2014, shall be given a one-time opportunity to submit an irrevocable amended election form, as provided in Section 5.13 (a) 5, extendinq the DROP period to a maximum of sixty (60) months in total. 6. At the conclusion of the DROP period and upon termination of City employment, the Member's monthly retirement benefit shall be paid to the Member in accordance with the Plan. In the event of the Member's death during or at the conclusion of the DROP period, a 5 benefit may be payable in accordance with Section 5.07 8. Participation in the DROP is not a guarantee of City employment, and DROP participants will be subject to the same terms and conditions of employment that are applicable to employees who are not DROP participants. 9. During participation in the DROP, the Member's monthly retirement benefit will be paid into the DROP account, and shall be credited/debited with earnings/losses as provided herein. The Member may direct that their DROP account be invested in any of the investment options approved by the Board, on forms provided by the Board. Any gains on the Member's DROP account investments shall be credited to the Member's DROP account; and any losses incurred by the Member shall be deducted from the Member's DROP account balance, and shall not be made up by the City or the Retirement Plan. A Member's DROP account shall only be credited or debited with earnings/losses while the Member is a participant in the DROP. 10. A DROP participant may designate a beneficiary or beneficiaries for his/her DROP account on a form provided by the Board. 11. Within thirty (30) days following a DROP participant's termination of City employment or death, whichever occurs first, the Member, or in the event of the Member's death the Member's designated beneficiary, may submit a written election on a form approved by 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 designated beneficiary or estate in accordance with paragraph (b)9., below) in a cash lump sum, unless the Member elects to have all or any portion of an eligible rollover distribution paid directly to an IRA or eligible retirement plan specified by the Member in a direct rollover. Any such direct rollover shall be processed in accordance with Article 12 of the Plan. In the event a Member or designated beneficiary does not submit a written election to receive a distribution of the Member's DROP account balance within thirty (30) days following the Member's termination of City employment or death, the Member's DROP account shall be 6 maintained by the Plan but shall not be credited with earnings/losses after thirty (30) days following the Member's termination of City employment or death. 12. If a DROP participant dies before his or her DROP account is distributed, the participant's designated beneficiary shall have the same rights as the participant with respect to the distribution of the DROP account. If the participant has not designated a beneficiary, the DROP account balance shall be paid to the Member's estate. 13.The Board of Trustees shall make such administrative rules as are necessary for the efficient operation of DROP, but shall not adopt any rule that is inconsistent with this Ordinance or the Plan. 14.The DROP shall be administered so that the Plan remains qualified under the Internal Revenue Service Code and in compliance with applicable laws and regulations. Section 3. Section 4.03 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 4.03 (a) A Member with five (5) or more years of creditable service may, at any time prior to retirement, elect to purchase up to a maximum of two (2) years of additional creditable service as provided in this section 4.03. Notwithstanding any provision of this Section 4.03, effective September 30, 2013, Members whose classification is included in the CWA bargaining unit and Members who are not included in any collective bargaining unit shall not be eligible to purchase additional creditable service under this section 4.03. Notwithstanding any provision of this Section 4.03, effective September 30, 2013, Members whose classification is included in the GSAF bargaining unit shall not be eligible to purchase additional creditable service under this section 4.03. Notwithstanding any provision of this Section 4.03, effective April 23, 2015, Members whose classification is included in the i AFSCME bargaining unit shall not be eligible to purchase additional creditable service under this section 4.03. The benefit multiplier that the Member is earning at the time of the election to purchase additional creditable service pursuant to this section 4.03 shall be applied to the additional credited service purchased. To be eligible to purchase additional creditable service under this section 4.03, a Member who previously elected to participate in the Defined Contribution Retirement System (401 (a) Plan) must first purchase all available 7 i creditable service in accordance with section 4.04. An eligible Member may elect to purchase additional creditable service under this section 4.03 for any of the following types of employment prior to the employee's date of hire by the City, provided that the Member I may not purchase such service if the Member has received or will receive a pension benefit for the same period of employment under another retirement plan: 1. Active duty military service in the Armed Forces of the United States or the Coast Guard. 2. Full-time employment with another governmental entity. 3. Full-time employment in the private sector performing the same or very similar duties the employee is performing for the City at the time of his/her election to purchase additional service. Section 4. Section 6.02 of the Miami Beach Employees' Retirement Plan created by Ordinance 2006-3504, as subsequently amended, is hereby further amended as follows: 6.02 Contributions by Members (a) Each Member shall contribute to the Plan eight percent (8%) of earnings, except as otherwise provided in this Section 6.02. Notwithstanding the preceding sentence, effective Jul 14 2010 each Member in a classification within the AFSCME and GSA bargaining Y � 9 9 units, and each Unclassified and Other' Member, shall contribute to the Plan ten percent (10%) of earnings, except as otherwise provided in this Section 6.02. Notwithstanding the first sentence of this subsection (a), effective November 27, 2010, each Member in a classification within the CWA (MBEBA) bargaining unit shall contribute to the Plan ten percent(10%) of earnings, except as otherwise provided in this Section 6.02., and contingent on State approval of an actuarial impact statement confirming a reduction in the City's annual required pension contribution for FY 2010-2011 associated with the pension changes contained in the 2009-2012 collective CWA collective bargaining agreement of at least $1,000,050. The contributions made by each Member to the Plan shall be deducted from the Member's Earnings and designated as Employer contributions pursuant to section 414(h) of the Internal Revenue Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the Plan, such contributions shall be considered to be Member contributions. (b) Notwithstanding subsection (a) above, all persons entering service with the City prior to April 1, 1993 who are in the classifications within the AFSCME bargaining unit; all persons entering service with the City prior to February 21, 1994 who are in classifications 8 within the CWA (MBEBA) bargaining unit, and all persons entering service with the City prior to August 1, 1993 who are in classifications within the GSA bargaining unit or classified as "Other', who were members of the Classified Plan continuously from the date they entered service with the City until March 18,2006, shall contribute to the Plan ten percent (10%) of their earnings throughout their service as a Member of this Plan. Notwithstanding the preceding sentence, effective July 14, 2010, each Member described in the preceding sentence who is in a classification within the AFSCME or GSA bargaining units shall contribute to the Plan twelve percent (12%) of earnings; and effective January 18, 2010, each Member described in the preceding sentence classified as "Other' shall contribute to the Plan twelve percent (12%) of earnings. Notwithstanding the first sentence of this subsection (b), effective November 27, 2010, each Member described in the first sentence of this subsection (b) who is in a classification within the CWA (MBEBA) bargaining unit shall contribute to the Plan twelve percent (12%) of earnings, contingent on State approval of an actuarial impact statement confirming a reduction in the City's annual required pension contribution for FY 2010-2011 associated with the pension changes contained in the 2009- 2012 collective CWA bargaining agreement of at least$1,000,050. (e) Notwithstanding subsections (a) and (b) above, for members who are in classifications within the AFCSME bargaining unit: 1. For Members hired prior to April 30, 1993, the employee contribution shall be twelve percent (12%) of earnings effective July 14, 2010 through April 30, 2013; ten percent (10%) of earnings effective May 1, 2013 through April 23, 2014, and twelve percent(12%) of earnings effective April 23, 2014. 2. For Members hired on or after April 30, 1993 and before September 30, 2010, the employee contribution shall be ten percent(10%) of earnings effective July 14, 2010 through April 30, 2013; eight percent (8%) of earnings effective May 1, 2013 through April 23, 2014; and ten percent(10%) of earnings effective April 23, 2014. 3. For members hired on or after September 30, 2010, the employee contribution shall be ten percent(10%) of earnings. 4. The employee contribution provided in paragraphs 1. and 2. above shall decrease by two percent (2%) of earnings when the Plan actuary confirms that the City's annual required contribution to the Plan is twenty-three and one-half percent(23.5%) of pensionable 9 payroll or less. The two percent decrease in the employee contribution shall take effect on the same date as the City's annual required contribution of twenty-three and one-half percent (23.5%) of pensionable payroll or less. Section 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 6. Effective Date. This Ordinance shall take effect the day of 2014, except as otherwise provided herein. PASSED and ADOPTED by the City Commission of the City of Miami Beach this day of Q' , 2014. PHILI L MA ���co�� i0RA ED APPROVED AS TO ATTEST: IX & FOR M(ECUTI N RAF EL E. GRANADO CITY CLERK Casty A#to y Date T:\NGENDA\2014\April\AFSCME\AFSCME 2013-2016 MBERP Pension DROP and Buyback Ordinance 1st rdg.docx 10 Condensed Title: COMMISSION ITEM SUMMARY An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State, County And Municipal Employees, (AFSCME) Local 1554; Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504; Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan (DROP) Program From Three (3) To Five (5) Years For Eligible Members; Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features; Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service Effective April 23, 2015;Amending Section 6.02 Of The Plan By Reinstating An Additional Two Percent Member Contribution For Members Of The AFSCME Bargaining Unit Hired Prior To September 30, 2010; And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The City's Annual Required Contribution To The Retirement Plan Is 23.5%Of Payroll Or Less; Providing For Severabilit ; Repealing All Ordinances In Conflict Therewith,And Providing An Effective Date. Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long-term. Supporting Data(Surveys,Environmental Scan,etc.)N/A Item Summary/Recommendation: Currently, there is a three year DROP for Tier A and Tier B AFSCME MBERP members, and a five year DROP for Tier C (post 2010 employment date) members. In the collective bargaining agreement between the City and AFSCME covering the period May 1, 2013, through April 30, 2016, the parties agreed to extend the DROP period for Tier A and Tier B AFSCME MBERP members from three to five years, effective upon ratification of the agreement, April 23, 2014. The extension of the DROP yields savings by reducing the City's annual required contribution (ARC)to MBERP, since DROP participants do not receive the annual retiree cost-of-living increase during their DROP years. In addition, DROP participants do not earn additional pension benefits. Effective April 23, 2015, AFSCME bargaining unit members will no longer have the option to purchase up to two years of prior creditable service. On average, 157 employees elect to purchase additional creditable service in the MBERP each year. A member pays ten percent of his or her pensionable earnings for each year of prior services purchased. The true actuarial impact is significantly higher. The ultimate cost of the prior creditable service purchase provision is measured by the difference between the full actuarial cost of the time purchased and the ten percent of pay for each year purchased. For example, the full actuarial cost to purchase the maximum of two years of service to a 45 year old member with ten years of service and an annual salary of $60,000 is approximately $38,000; yet pursuant to current provisions, the member pays $12,000.The difference of $26,000-is recognized as an experience loss and is funded by additional City contributions over time. The effect on the ARC due to this member's service purchase is an increase of about$2,300 per year for 30 years. Based on trends,the average annual impact of$2,300 per member represents$361,000 to the City each year based on an average of 157 buybacks per year, of which approximately$292,410 is estimated to be attributed to GSAF, CWA, Unclassified and"Others"combined; and $68,590 is attributable to AFSCME members alone. Effective April 23, 2014, the additional two percent pension contribution was reinstated for all AFSCME bargaining unit members, and will not sunset. When the City's ARC reaches 23.5% of pensionable payroll or less, the City will rescind the additional two percent pension contribution levied on employees covered by the AFSCME collective bargaining unit who participate in MBERP and were hired prior to September 30, 2010. The estimated impact of the additional two percent pension contribution by AFSCME bargaining unit members is approximately($541,500)for the term of the agreement, and will continue to rise as employee pensionable earnings increase over time. The pension changes recently negotiated with AFSCME are expected to generate a savings toward the City's ARC, as well as savings off the unfunded actuarial accrued liability(UAAL). The terms of the agreement are parallel to those reached with the Communication Workers of America (CWA) and Government Supervisors Association of Florida (GSAF), as well as those also applied to non-represented employees in the"others"and"unclassified"salary groups. The collective bargaining agreement was ratified by AFSCME bargaining unit members on April 21, 2014;the City Commission ratified the agreement on April 23,2014. Based on the foregoing, the Administration recommends approval of the ordinance, as implementing the changes described herein will provide pension savings in the short and long-term. Advisory Board Recommendation: Bud et Advisory Committee Pension Reform Initiative Recommendation Report,August 2012 Financial Impact Summary: The DROP extension will not affect the budget during FY 2013/14; however, it will result in recurring savings off the ARC estimated in the amount of$125,000, during FY 2014/15, FY 2015/16, FY 2016/17 and FY 2017/18 for a total five year impact of ($500,000). The salary cost attributable to the extension of the DROP for AFSCME MBERP members is as follows: $3,077 in FY 2013/14; $37,487 in FY 2014/15; $96,021 in FY 2015/16; $87,109 in FY 2016/17 and $116,786 in FY 2017/18, assuming all eligible employees opt to extend their participation in DROP.The total five year salary increase impact for the extension of the DROP is$340,480. In FY 2013/14 and FY 2014/15 there will be no savings from the elimination of the ability to purchase prior service; however, there will be an anticipated savings of($28,579) in FY 2015/16; ($97,169) in FY 2016/17; and ($165,759) in FY 2017/18. Therefore, the total five year impact of eliminating the prior service buyback is a savings of($291,507). The projected savings from the reinstatement of the additional two percent pension contribution is as follows: ($108,000) in FY 2013/14; ($272,000) in FY 2014/15; ($277,000) in FY 2015/16; ($282,000) in FY 2016/17; and ($288,000) in FY 2017/18.The total five year impact is a savings of($1,227,000). The total five year combined impact of these items is a savings of($1,678,027). City Clerk's Office Legislative Tracking: Sylvia Cres o-Tabak, Human Resources Director Sign-Offs. Department Director Assistant City ManageA City Manager Sylvia Cres o-Tabak 5L- Kathie G. Brooks Jimmy L. Morales Agenda Item RS � MIAMI BEACH Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City Co i imission FROM: Jimmy L. Morales, City Manager DATE: May 21, 2014 S OND READING AND PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IMPLEMENTIN PROVISIONS OF THE 2013-2016 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME) LOCAL 1554; AMENDING THE MIAMI BEACH EMPLOYEES' RETIREMENT PLAN CREATED BY ORDINANCE 2006-3504; AMENDING SECTION 2.26 OF THE PLAN BY EXTENDING THE DEFERRED RETIREMENT OPTION PLAN (DROP) PROGRAM FROM THREE (3) TO FIVE (5) YEARS FOR ELIGIBLE MEMBERS; AMENDING SECTION 5.13 TO REFLECT AMENDED ELIGIBILITY AND PARTICIPATION REQUIREMENTS AND AMENDED DROP PLAN FEATURES; AMENDING SECTION 4.03 BY ELIMINATING THE PURCHASE OF ADDITIONAL CREDITABLE SERVICE EFFECTIVE APRIL 23, 2015; AMENDING SECTION 6.02 OF THE PLAN BY REINSTATING AN ADDITIONAL TWO PERCENT MEMBER CONTRIBUTION FOR MEMBERS OF THE AFSCME BARGAINING UNIT HIRED PRIOR TO SEPTEMBER 30, 2010; AND ELIMINATING THE ADDITIONAL TWO PERCENT MEMBER CONTRIBUTION WHEN THE PLAN ACTUARY CONFIRMS THAT THE CITY'S ANNUAL REQUIRED CONTRIBUTION TO THE RETIREMENT PLAN IS 23.5% OF PAYROLL OR LESS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the ordinance. BACKGROUND In 2010 the Administration negotiated changes to pension benefits for then current and future g 9 employees who participate in the Miami Beach Employees' Retirement Plan (MBERP). These changes were included in the labor agreements entered into by the City with the American Federation of State, County and Municipal Employees (AFSCME); Communications Workers of America (CWA), Local 3178; and Government Supervisors Association of Florida (GSAF), OPEIU, Local 100. In keeping with the spirit of treating similar groups of employees consistently, these contractual changes were also applied to all members of the plan not covered by a collective bargaining unit. The changes to MBERP implemented in 2010 included an increase to the employee's pension contribution of two percent. This increase was implemented for the general employee salary groups as follows: Unclassified and Others in January 2010, employees covered by the AFSCME and GSAF collective bargaining units in July 2010, and employees covered by the CWA collective bargaining unit in November 2010. The additional employee contribution remains in effect for Commission Memorandum May 21, 2014 MBERP Pension Ordinance AFSCME 2"d Reading Page 2 of 7 incumbents in all salary groups except employees covered by the AFSCME collective bargaining agreement, which expired April 30, 2013, as the provision sunset. The final average monthly earnings (FAME) increased from two to five years for current (Tier A and Tier B members) and future employees (Tier C members), phasing in those members who were between two and four years from the normal retirement age, so as not to adversely impact them. The change in FAME yielded a reduction of approximately $1.9 million in the City's annual actuarial required contribution (ARC). Gabriel, Roeder and Smith (GRS), the actuary for MBERP, estimated that the change in FAME for all members would yield an annual savings ranging from $1.49 million to $2.275 million per year (approximately 2.12 percent of payroll) each year over the next ten years. The standard benefit is a lifetime annuity. Additional pension reform was negotiated for all employees hired after September 30, 2010 (October 2010 for employees whose classifications are covered by the CWA collective bargaining unit). The changes for new employees (Tier C) included: • Normal retirement - Age 55 with a minimum of thirty years of creditable service, or age 62 with a minimum of five years of creditable service. As compared to Tier A members who can retire at age 50 and Tier B members who can retire at age 55. • The early retirement date will be the date on which the member's age plus years of creditable service equals 75, with a minimum age of 55. • The benefit multiplier will be two and one half percent multiplied by the member's years of creditable service, subject to a maximum of 80% of the member's FAME. As compared to three or four percent for Tier A members and three percent for Tier B members. • The retiree Cost of Living Adjustment (COLA) will be one and one half percent per year, with the first adjustment deferred to one year after the end of the Deferred Retirement Option Plan (DROP) as compared to two and one half percent for Tiers A and B members. • Employee contribution: 12 percent for Tier A members and ten percent for Tiers B and C members. • Members who separate from City employment with five or more years of creditable service but prior to the normal or early retirement date will be eligible to receive a normal retirement benefit at age 62. • Members will be eligible to enter the DROP at the normal retirement age specified above and may participate in the DROP for a maximum of five years. The annual savings attributed to the changes for future employees beginning in FY 2011/12 was approximately $900,000 (1.92 percent of payroll) to the City's ARC. GRS estimated that the City would realize an additional annual reduction of seven-tenths percent per year of payroll applied as a reduction toward the City's ARC in perpetuity. These savings on the City's ARC were estimated to vary rom a low of 910 000 in FY 2011/12 to as much as $5.995 million in FY 2020/21. ry $ , The negotiating teams for the City and AFSCME began meeting in April 2013, to negotiate a successor agreement to the 2010-2013 collective bargaining agreement which expired April 30, 2013. After ten negotiation sessions, on March 19, 2014, the City and AFSCME reached a tentative Commission Memorandum May 21, 2014 MBERP Pension Ordinance AFSCME 2"d Reading Page 3 of 7 three year agreement covering the time period May 1, 2013, through April 30, 2016. Bargaining unit employees ratified the contract on April 21, 2014; the City Commission ratified the agreement on April 23, 2014. ANALYSIS The pension changes recently negotiated with AFSCME are expected to generate a savings toward the City's ARC, as well as savings off the unfunded actuarial accrued liability (UAAL). The agreement with AFSCME includes the reinstatement of the additional two percent pension contribution effective upon ratification of the three year labor agreement (April 23, 2014). The estimated impact of the two percent contribution attributable to AFSCME/MBERP members is approximately $108,000 in FY 2013/14. This amount will increase each year as employee pensionable earnings rise. The City and AFSCME have agreed to the following pension related items: Extension of the Deferred Retirement Option Plan (DROP) The DROP is an arrangement used by many public organizations under which employees who would otherwise retire and collect benefits pursuant to the employer's defined benefit (pension) retirement plan continue working for a fixed number of years. Instead of having the compensation and additional years of service taken into account for purposes of the defined benefit plan formula, the employees have a sum of money, equal to their monthly retirement benefit, credited during their extended employment to an interest bearing account under the employer's retirement plan. No further contributions are made to the employees' pension but as long as they remain in the DROP, they continue earning their full salaries and all other applicable incentive pays, if any. If these employees are not exempt from the provisions of the Fair Labor Standards Act (FLSA), they earn overtime if they actually work more than 40 hours per week and they are also eligible for merit increases and/or salary COLAs other employees may receive. When the employees leave at the end of the DROP period, their contributions to the interest bearing account are disbursed to them by the plan. At that point, they start collecting the monthly benefits they earned based on earlier years of service. During the DROP period, employees are not eligible for the retiree COLA. There are two reasons why the DROP yields saving to the City's ARC. The first, is that participants are not eligible for the annual retiree COLA. The second is that the employee is not earning additional pension benefits while in the DROP. The City has already implemented a five year drop for all members of MBERP excluding members covered by the AFSCME bargaining unit. Currently, there is a three year DROP for Tier A and Tier B members covered by AFSCME and a five year DROP for Tier C (post-2010 employment) members covered by AFSCME. AFSCME has agreed to extend the DROP period for Tier A and Tier B (pre- 2010 employment) members from three to five years, effective upon ratification of the 2013-2016 collective bargaining agreement. Any employee who previously executed a form entitling him or her to enter the DROP for a period of less than sixty (60) months in total shall be given a one-time irrevocable election, within thirty (30) calendar days from the effective date of the conforming City ordinance amending the DROP period as set forth herein, to execute a new form extending his or her DROP period for up to sixty (60) Commission Memorandum May 21,2014 MBERP Pension Ordinance AFSCME 2"d Reading Page 4 of 7 months in total. Based on the actuarial impact statement provided by GRS (Attachment), the total estimated impact from extending the DROP period for all AFSCME pre-2010 employment members represents a reduction in the present value of future benefits of approximately $1.2 million. This means the plan would be expected to pay out $1.2 million less, in today's dollars. The City's ARC payable on October 1, 2014, will be reduced by approximately $125,000. This savings is comprised of a reduction in the amortization payments on the UAAL of approximately $916,000 and a reduction to the normal cost. The analysis provided by the pension actuary does not take into account the financial impact of salary earnings. B extending the DROP to five ears, retire ible employees who earn rY 9 Y 9 Y 9 higher salaries will remain employed, requiring the City to pay their higher salaries for a longer period. That expenditure is offset somewhat by the fact that hiring new employees is postponed, eliminating the City's contribution toward their pension. Quantifying the fiscal impact from a salary perspective is difficult since there is no true way to forecast assumptions regarding which employees will choose to extend their DROP participation or separate earlier. As of our latest analysis, there are 16 AFSCME bargaining unit members in the MBERP DROP. The cost effect on salaries caused by the extension of the DROP from three to five years for AFSCME bargaining unit members is as follows: $3,077 in FY 2013/14; $37,487 in FY 2014/15; $96,021 in FY 2015/16; $87,109 in FY 2016/17; and $116,786 in FY 2017/18. To reach these conclusions, the salary of each DROP member was compared to the entry level salary of a new incumbent in the classification ultimately affected by the DROP participant's retirement. For example, when a Municipal Service Worker III (MSW III) retires, his/her position becomes available to an incumbent in a feeder classification and the domino effect would lead to the City ultimately hiring a new entry level Municipal Service Worker I (MSW 1). In such example, the impact is the difference between the MSW III's salary and the entry level salary of an MSW I. For this illustrative purpose, the assumption was that all DROP participants take advantage of the opportunity and remain employed with the City. Elimination of Prior Creditable Service Purchase Option Effective one year from date of ratification of the 2013-2016 collective bargaining agreement, the option to purchase up to two years of prior creditable service will be eliminated. Currently, any AFSCME/MBERP member with five or more years of service can purchase up to two years of creditable service earned prior to the member's date of hire by the City. Such purchase is contingent upon the member not receiving a pension benefit for the same period under another retirement plan (§112.65, Florida Statutes). Eligible prior service includes: (1) military service in the United States Armed Forces or Coast Guard; (2) full-time employment with another governmental entity; or (3) full-time employment in the private sector performing the same or similar duties the member performs for the City at the time of his/her additional service purchase. Members who exercise this option pay ten percent of their annual rate of pensionable earnings multiplied by the number of years and fractions of a year purchased. On average, 157 employees elect to purchase additional creditable service in the MBERP each year. A member pays ten percent of his or her pensionable earnings for each year of prior services purchased. The true actuarial impact is significantly higher. The ultimate cost of the prior creditable service purchase provision is measured by the difference between the full actuarial cost of the time Commission Memorandum May 21, 2014 MBERP Pension Ordinance AFSCME 2�d Reading Page 5 of 7 purchased and the ten percent of pay for each year purchased. For example, the full actuarial cost to purchase the maximum of two years of service to a 45 year old member with ten years of service and an annual salary of $60,000 is approximately $38,000; yet pursuant to current provisions, the member pays $12,000. The difference of$26,000 is recognized as an experience loss and is funded by additional City contributions over time. The effect on the ARC due to this member's service purchase is an increase of about $2,300 per year for 30 years. Based on trends, the average annual impact of $2,300 per member represents $361,000 to the City each year based on an average of 157 buybacks per year, of which approximately $292,410 is estimated to be attributed to GSAF, CWA, Unclassified and "Others" combined; and $68,590 is attributable to AFSCME members alone (effective in FY 2015/16). As shown on the table below, this impact is compounded each year buybacks are allowed. FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 FUTURE YEARS Elimination of FY 2014/15 $0 $28,579 $28,579 $28,579 $28,579 loss amortization Elimination of FY 2015/16 $68,590 $68,590 $68,590 THE IMPACT loss OF THE amortization BUYBACK Elimination of WILL FY 2016/17 $68,590 $68,590 CONTINUE TO loss COMPOUND amortization EACH YEAR Elimination of FY 2017/18 $68,590 loss amortization TOTAL $28,579 $97,169 $165,759 $234,349 Additional Two Percent Employee Pension Contribution The Budget Advisory Committee's (BAC) Recommendation on Pension Reform Report of August 2012, included policies and guidelines for the City to adopt to establish thresholds which, if not met, would require the City to take prompt and appropriate measures to meet the criteria. At the July 17, 2013 City Commission meeting, the Mayor and City Commission adopted the policies and guidelines proposed by the BAC. These policies and guidelines included the following related to the management of risk and risk sharing: "If the City's contribution to a defined benefit plan exceeds 25 percent of payroll for general employees and 60 percent of payroll for high-risk employees, the employee contribution should be reviewed." In 2010, the City negotiated a two percent increase in pension contributions from all employees hired before that year. This represented an increase for Tier A members (AFSCME bargaining unit employees hired prior to April 30, 1993), from ten to 12 percent of pensionable earnings and an increase from eight to 10 percent of pensionable earnings for Tier B employees (AFSCME Commission Memorandum May 21, 2014 MBERP Pension Ordinance AFSCME 2"d Reading Page 6 of 7 bargaining unit employees hired on or after April 30, 1993). The additional employee pension contribution implemented in 2010 helped address the increased costs that resulted from the downturn in the stock market that occurred in 2008 and 2009. The actuarial valuation report approved by the MBERP Board in March 2013 indicates that the cost of the plan represents 40.3 percent of payroll. Although the Plan is still recognizing the impact from the 2008-2009 economic downturns, the recently negotiated pension changes will yield long-term savings. Effective upon the April 23, 2014, ratification of the 2013-2016 collective bargaining agreement, the additional two percent pension contribution was reinstated for all AFSCME bargaining unit members, and will not sunset. When the City's ARC reaches 23.5% of pensionable payroll or less, the City will rescind the additional two percent pension contribution levied on employees covered by the AFSCME collective bargaining unit who participate in MBERP and.were hired prior to September 30, 2010. Re-instating this provision in the collective bargaining agreement results in the City avoiding a cost rather than experiencing an actual savings since the plan has not taken into account the fact that the provision expired April 30, 2013, and the contribution will be re-instated prior to the actuarial valuation report for October 1, 2014. CONCLUSION The estimated five year impact of these proposed pension changes is a combination of savings and cost avoidance of($1,678,027), as shown below. FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 TOTAL Estimated Impact on ARC From $0 ($125,000) ($125,000) ($125,000) ($125,000) ($500,000) Extension of DROP Salary Impact From $3,077 $37,487 $96,021 $87,109 $116,786 $340,480 Extension of DROP Estimated Impact on ARC From $0 $0 ($28,579) ($97,169) ($165,759) ($291,507) Elimination of Two- Year Buyback SUBTOTAL $3,077 ($87,513) ($57,558) ($57,558) ($173,973) ($451,027) COST/(SAVINGS) Estimated Cost Avoidance Impact from Reinstatement of Additional Two ($108,000) ($272,000) ($277,000) ($282,000) ($288,000) ($1,227,000) Percent Pension Contribution TOTAL ($104,923) ($359,513) ($334,558) ($417,060) ($461,973) ($1,678,027) COST/(SAVINGS) Commission Memorandum May 21,2014 MBERP Pension Ordinance AFSCME 2"d Reading Page 7 of 7 The Administration recommends amending Ordinance No. 2006-3504, the Miami Beach Employees' Retirement Plan, by extending the DROP for pre-2010 AFSCME MBERP members from three to five years; and eliminating the two year past service purchase option for members covered by the AFSCME collective bargaining agreement. Implementing the described changes will provide additional pension savings. Based on the foregoing, the Administration recommends the City Commission approve the ordinance. JLM/K B/SC-T T:\AGENDA\2014\May\AFSCME\AFSCME 2013-2016 MBERP Pension DROP and Buyback Memo 2nd Reading.docx ATT IBC H M E N T Gabriel Roeder Smith & Company One East Broward Blvd. 954.327.16 16 phone GRS Consultants&Actuaries Suite 505 954.525.0083 fax Ft.Lauderdale,FL 33301-1804 www.gabrielroeder.com April 9,2014 Mr.Jose Del Risco Labor Relations Specialist Department of Human Resources City of MiaBni Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Re: Actuarial Impact Statement for Proposed Changes to the Miami Beach Employees'Retirement Plan Dear Jose: As requested,we have prepared the enclosed Actuarial Impact Statement showing the financial effect of the following proposed changes to the Miami Beach General Employees'Retirement System for members participating in the Al:SCME bargaining unit: 1. The maximum period for participation in the Deferred Retirement Option Program(DROP)would be extended from three to five years for members hired before October 1,2010(i.e.,Tier A and Tier B members). This extension would apply to all active members in Tiers A and B who elect to participate in the DROP in the future as well as current DROP members. The 2.5%COLA is not payable while members are in the DROP. 2. The option for members to purchase up to 2-years of credited service would be eliminated effective one year from the ratification date. Please note that the above changes have been adopted for aB members except for members who are participating in the AFSCMZ bargaining unit,and the effect of the above changes Is shown in our October 7,2013 Actuarial Impact Statement(also referred to as the"Baseline"in this report). The enclosed figures reflect the additional effect of applying the above changes to members rtieipadug in the AFSCME bargaim ing unit The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. With regard to item 2 above,the employer portion of the cost for members to purchase service is not prefunded. Therefore,eliminating the service purchase provision will not have an immediate financial effect on the Plan. When we prepare our annual valuation,any increases to the liability due to service purchased during the previous year are reflected in the net gaintloss for the year,which is amortized over 30 years. The ultimate cost of the current service purchase provision is measured by the difference between the full actuarial cost of the service purchased and the amount that members currently pay to purchase service(i.e., l0%of pay for each year purchased). As an example,the full actuarial cost to purchase the maximum of 2 years of service for a member who is currently age 45 with 10 years of credited service and an annual salary of $60,000 is approximately$38,000. Under the current provisions,the member pays$12,000. The difference of $26,000 is funded by additional City contributions over time. In this example,the effect on the annual required contribution due to the service purchase is an increase of about$2,300 for the first year.This assumes that all of 862 Mr.Jose Del Risco April 9,2014 Page 2 our actuarial assumptions as described in the October 1,2012 Actuarial Valuation Report are met each year. The impact on the total pin/loss varies each year depending on the demographics and the specific benefit provisions that apply to members who purchased service. Eliminating the service purchase provision will mean that any losses due to service purchases will not occur in future years. Please note,however,that there will likely be losses due to service purchases for AFSCME members in fiscal years ending September 30,2013 and September 30,2014 that will be reflected in the October 1,2013 and October 1,2014 Actuarial Valuations,since elimination of the service purchase provision for AFSCME members will not be effective one year after the ratification date. Summary of Findings The following summarizes the additional effect of reflecting the above Plan changes for AFSCME members(as compared to the October 7,2013 Actuarial Impact Statement that includes the effect of these same changes for all members of the Plan): • The present value of future benefits decreases by approximately$1.2 million. - The Plan would be expected to payout$11 million less, in today's dollars,to current members of the Plan. This can be viewed as the total cost impact due to the extension of the DROP for AFSCME members if the actuarial assumptions are met each year. • There is a decrease in the first year Annual Required Contribution for the City that is comprised of a reduction in the amortization payments on the Unfunded Accrued Liability and a reduction in the normal cost. - The Unfunded Accrued Liability decreased by approximately$916,000. This reduction will decrease the annual required contribution by approximately$81,000 each of the next 30 years. - The first year normal cost will decrease by approximately$81,000 which is 0.06%of total covered payroll(0.070/®of Tier A and B member covered payroll). The reduction of 0.07'10 of Tier A and Tier B member covered payroll will exist until all Tier A and Tier B members have retired. - The first year required employer contribution would decrease by approximately$125,000 or 0.19%of Non-DROP payroll. - The funded ratio will remain at 66.7%. Other Coat Conslderatioms • As of October 1,2012 the Market Value of Assets exceeds the Actuarial Value by$2.07 million. This difference will be recognized over the next several years. Once all the gains and losses through September 30,2012 are fully recognized in the Actuarial.Value of Assets,the contribution rate will decrease by roughly 0.3%of non-DROP payroll unless there-are further gains or losses. Additional Disclosures This report was prepared at the request of the City with the Board's permission and is intended for use by the City and the Retirement Plan,and those designated or approved by them. This report may be provided to parties other than the City and Retirement Plan only in its entirety and only with their permission. This report is intended to describe the financial effect of the proposed plan changes.No statement in this report is intended to be interpreted as a recommendation in favor of the changes,or in opposition to them. This report should not be relied on for any purpose other than the purpose described above. Gabriel Roeder Smith & Company 863 Mr.Jose Del Risco April 9,2014 Page 3 The calculations in this report are based upon information furnished by the Plan Administrator for the October 1,2012 Actuarial Valuation concerning Plan benefits,financial transactions,plan provisions and active members,terminated members,retirees and beneficiaries. The calculations are also based on bargaining unit information provided by the City related to this study. We reviewed this information for internal and year-to-year consistency,but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the Plan Administrator or the City. The calculations are based upon assumptions regarding future events,which may or may not materialize. They are also based on the assumptions,methods,and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following:plan experience differing from that anticipated by the economic or demographic assumptions;changes in economic or demographic assumptions;increases or decreases expected as part of the natural operation of the methodology used for these measurements(such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status);and changes in plan provisions or applicable law. if you have reason to believe that the assumptions that were used are unreasonable,that the plan provisions are incorrectly described,that important plan provisions relevant to this proposal are not described,or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems.To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices,and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, ILA&A -� Q F.46"o t an4ou M hssa Algyer,MAAA,F A /Lff seEnrolled Actuary No. 1]-06467 Actuary Alo. 11-06599 Copy: Rick Rivera Enclosures Gabriel Roeder Smith & Company 864 1 SUPPLEMEENTAL ACTUARIAL VALUATION REPORT Plan City of Miami Beach Employees' Retirement Plan Valuation Date October 1,2012 Date of Report April 9,2014 Report Requested by City of Miami Beach Prepared by Melissa R.Algayer Group Valued All active and inactive members. Plan Provisions Being Considered for Change Present Plan ProvisiQU&before Change All Members RaM AFSCME Members: • Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible for normal retirement may participate in the Deferred Retirement Option Program(DROP)for up to five years. Members currently participating in the three-year DROP may also continue participation for an additional two years(five years total). The annual COLA of 2.5%is not payable while members are in the DROP. ■ There is no optional service purchase provision. AFSCMIE Memo: • Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible for normal retirement may participate in the Deferred Retirement Option Program(DROP)for up to three years.The annual cost-0f-living adjustment(COLA)of 2.5%is not payable while members are in the DROP. • Members who have five or more years of service may elect to purchase up to two years of additional credited service at any time prior to retirement. Members who elect to purchase such service pay I(Wo of the annual rate of compensation multiplied by the number of years purchased. 865 2 Proposed Plan Changes The following changes would apply to AFSCME me mbers: i • Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible for normal retirement may participatie in the Defend Retirement Option Program(DROP)for up to five years. Members currently participating in the throe-year DROP may also continue participation for an additional two years(five years total). The annual COLA of 2.5%is not payable while members are in the DROP. • The optional service purchase provision would be eliminated effective one year after the ratification date. Participants Affected The extension of the DROP participation period would apply to all active AFSCME members hired prior to October 1,2010(i.e.,Tier A and Tier B members)who become eligible for normal retirement. The extension of the DROP would also apply to current AFSCME members participating in the DROP as the effective date of the amending ordinance. Elimination of the optional savice purchase provision would apply to all active AFS-CME members one year aver the effective daze of the amending ordinance. Actuarial Assumptions and Methods To measure the impact of extending the DROP,the assumed COLA delay was increased from 2.75 years to 4 years for active Tier A and Tier B members. Additionally,the COLA delay was increased from 3 years to 5 years for members currently participating in the DROP. All other assumptions and methods are the same as shown in the October 1,2012 Actuarial Valuation Report. Some of the key assumptions/methods are: Investment return— 8.00/6 per year Salary increase — 4.5%to 70%depending on service Cost Method — Entry Age Normal Cost Method Amortization Period for Auy Change in Actuarial Accrued Liability 30 years. Summary of Data used in Report Same as data used in October 1,2012 Actuarial Valuation Report. Actuarial Impact of Proposal(s) See attached page(s). Extending the DROP from three to five years for AFSCME members will decrease the first year annual required contribution by$125,412 or 0.19'/0 of Non-DROP payroll. Since the employer portion of the cost for members to purchase service is not prefunded,eliminating the optional service purchase provision would not have an immediate financial effect on the Plan. 866 3 Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations As of October 1,2012 the Market Value of Assets exceeds the Actuarial Value by$2.07 million. This difference will be recognized over the next several years. Once all the gains and losses through September 30,2012 are fully n=gnized in the Actuarial Value of Assets,the contribution rate will decrease by roughly 03%of non-DROP payroll unless there are further gains or losses. 867 4 CITY OF huAM BEACH EMPLOYEES'RETMEMENT PLAN Impact Statement—April 9,2014 Description of Amendment The proposed ordinance incorporates the following plan changes and would apply to all active members participating in the AFSCME bargaining unit and AFSCME members participating in the Deferred Retirement Option Program(DROP): 1. The maximum period for participation in the Deferred Retirement Option Program(DROP) would be extended from three to five years for members hired before October 1,2010(i.e.,Tier A and Tier B members). This extension would apply to all active members in Tiers A and B who elect to participate in the DROP in the future as well as current DROP rnernbers. The 2.5% COLA is not payable while members are in the DROP. 2. The option for members to purchase up to 2-years of credited service would be eliminated effective one year aft the ratification daze. The above changes were already adopted for all members except members participating in the AFSCME bargaining unit,and the effect of these changes is shown in our October 7,2013 Actuarial Impact Statement(also referred to as the"Baseline"in this report). The enclosed figures reflect the additional effect of applying the above changes to members participating in the AFSCME bargaining unit. Funding Implilons of Amendment See attachments. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14,Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Adminisbmtor sss 5 ANNUAL REQUIRED CONTRIBUTION(ARC) A. Valuation Date October 1,2012 October 1, 2012 Increase✓ Baseline* Extend DROP from Decrease Three to Five Years B. ARC to Be Paid During Fiscal Year Ending 9/30/2014 9/30/2014 C. Assumed Date of Employer Contr%. 10/1/2013 10/1/2013 D. Annual Payment to Amortize Unfunded Actuarial Liability S 169,7609395 $ 16,685,042 S (759353) E. Employer Normal Cost 6,905,335 6,864,566 (40,769) F. ARC if Paid on the Valuation Date: D+E 23,665,730 23,549,608 (116,122) G. ARC Adjusted for Frequency of Payments 25,5 58,989 25,433,577 (125.412) H. ARC as%of Covered Payroll -Non-DROP Payroll 39.29 % 39.10 % (0.19) % -Total Payroll 36.63 % 36.45 % (0.18) % I. Covered Payroll for Contribution Year -Non-DROP Payroll 65,0539945 65,053,945 - -Total Payroll 69,7829689 69,782,689 - *From October 7,2013 Actuarial Impact Statement. Includes changes for all members except chose who are participating in the AFSCME bargaining unit. 869 6 ACTUARIAL VALUE OF BENEFITS AND ASSETS A Valuation Date October 1, 2012 October 1, 2012 Increase/ Baseline* Extend DROP from (Decrease) Three to Five Years B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits $ 259,785,430 $ 258,655,513 $ (1,129,917) b. Vesting Benefits 31,967,178 31,967,178 - c. Disability Benefits 7,271,899 7,271,899 - d. Pmeretirernent Death Benefits 39953,764 3,953,764 - e. Return of Member Contributions 631,843 6312843 - f.Total 303,610,114 302,480,197 (1,129,917) 2. Inactive Members a. Service Retirees&Beneficiaries 4079835,275 4071,731,946 (103,329) b. Disability Retirees 12,377,127 12,377,127 - c. Terminates Vested Members 11,480,115 11,48021 15 - d. Total 431,6920517 431,589,188 (103,329) 3. Total for All Members 735,302,631 734,069,385 (1,233,246) C. Actuarial Accrued(Past Service) Liability per GASB No. 25 632,203,739 631,287,564 (9169175) D. Plan Assets 1. Market Value 423,447,642 423,447,642 - 2. Actuarial Value 421,376,041 421,376,041 E. Unfunded Actuarial Accrued Liability(C-D2) 210,8271,698 209,911,523 (916,175) F. Funded Ratio(D2 z C) 66.7 % 66.7 % 0.0 % G. Actuarial Present Value of Projected Covered Payroll 543,8259043 543,825,043 - II. Actuarial Present Value of Projected Member Contributions 51,791,078 51,791,078 - *From October 7,2013 Actuarial Impact Statement. Includes changes for all members except those who ate participating in the AFSCME bargaining unit. 870 7 CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1,2012 October 1,2012 Increase/ Baseline* &t+end DROP from (Decrease) Three to Five Years B. Normal Cost for 1. Service Retirement Benefits S 9,644,778 $ 9,604,009 $ (40,769) 2. Vesting Benefits 2,047,065 2,047,065 - 3. Disability Benefits 529,872 529,872 - 4. Preretarement Death Benefits 268,222 268,222 S. Return of Member Contributions 225,573 225,573 - 6. Total for Future Benefits 12,715,510 12,674,741 (40,769) 7. Assumed Amount for Adminishative Expenses 694,180 694,180 S. Total Normal Cost 13,409,690 13,3689921 (40,769) %of Covered Payroll -Non-DROP Payroll 20.61 % 20-55 % (0.06) % -Total Payroll 19.22 % 19.16 % (0.06) % C. Expected Member Contribution 6,504,355 6,504,355 - of Covered Payroll -Non-DROP Payroll 10.00 % 10.00 % 0.00 % -Total Payroll 9.32 % 9.32 % 0.00 % D. Employer Normal Cost:B8-C 6,905,335 6,864,566 (40,769) %of Covered Payroll -Excluding DROP Payroll 10.61 % 10.55 % (0.06) % -Including DROP Payroll 9.90 % 9.84 % (0.06) % *From October 7,2013 Actuarial Impact Statement. Includes changes for all members except those who are participating in the AFSCME bargaining unit. 871 8 PARTICIPANT DATA October 1, 2012 October 1,2012 Baseline• Ew end DROP,from Three to Five Years ACTIVE MEMBERS Number(Non-DROP) 1,049 1,049 Covered Annual Non-DROP Payroll $ 65,053,945 $ 65,053,945 Average Annual Non-DROP Pay S 62,015 $ 62,015 Total Covered Annual Payroll $ 69,782,689 69,782,689 Average Annual Pay $ 631,209 63,209 Average Age 45.1 45.1 Average Past Service 9.8 9.8 Average Age at Hire 35.3 35.3 DROP PARTICIPANTS Number 55 55 Annual Benefits $ 2,9940703 2,994,703 Average Annual Benefit $ 54,449 541,449 Average Age 59.3 59.3 RETIREES& BENEFICIARIES Number 1,002 19002 Annual Benefits $ 33,085,394 $ 33,0859394 Average Annual Benefit $ 33,019 $ 33,019 Average Age 71.1 71.1 DISABILITY RETIREES Number 43 43 Annual Benefits $ 19117,160 $ 19117,160 Average Annual Benefit $ 25,980 $ 251,980 Average Age 65.6 65.6 TERMINATED VESTED MEMBERS Number 63 63 Annual Benefits $ 1,343,444 $ 1,343,444 Average Annual Benefit $ 219325 $ 21,325 Average Age 45.9 45.9 *From October 79 2013 Actuarial Impact Statement. Includes changes for all members except those who are participating in the AFSCME bargaining unit 872 MIAMI HERALD I MiamiHerald.com NE THURSDAY,MAY 8,2014 1 19ME MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive, Miami Beach,Florida,on Wednesday,May 21,2014,to consider the following: 10:00 a.m. Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled"Administration,"By Amending Article I,Entitled"in General,"By Creating Section 2.1,To Be Entitled"Reasonable Opportunity To Be Heard,"To Provide Rules Regarding Public Participation In City Meetings.Inquiries may be directed to the City Attorney's Office 305-673-7470. 10:05 a.m. Ordinance Amending Miami Beach City Code Chapter 2 Entitled"Administration,"Article VII"Standards Of Conduct'Section 2-458 Thereof Entitled"Supplemental Abstention And Disclosure Requirements"By Providing That A City Of Miami Beach Elected Or Appointed Public Officer With A Conflict Of interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency's Discussion Of That Matter.Inquires may be directed to the CltyAttorney's Office 305.673-7470. 10:10 a.m. Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled'Animals,"By Creating Section 10-17,To Be Entitled"Certain Techniques And Devices Prohibited;Enforcement;Penalties";And By Amending Sections 10.2 And 1.0-3 To Cross-Reference The New Provisions In Section 10-17.Inquiries may be directed to the Ciry Attorneys Office 305-673-7470. 1015 a.m. Ordinance Amending Chapter 10 01 The Miami Beach City Code,Entitled"Animals,"By Creating Section 10-18,To Be Entitled"Requirements For Sales Of Dogs And Cats;Definitions;Permitted Sources;Certificate Of Source;Penalties";And By Amending Sections 10-2 And 10-3 To Cross-Reference The New Provisions in Section 10.18.Inquiries may be directed to the CityAttarneys Office 305-673.7470. 10:20 a.m. Alcohol In Movie Theaters An Ordinance Amending The City Code,By Amending Chapter 6,"Alcoholic Beverages,"Article I,"In General,"Section 6-4,"Location And Use Restrictions,"By Permitting Alcohol Beverages To Be Sold In Motion Picture Theaters,Establishing Criteria,Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed;And Amending Section 6-5,"Patron Age Restrictions,"Exempting Motion Picture Theaters From The Code's Patron Age Restrictions.inquiries may be directed to the City Attorney's Office 305-673-7470. 10:25 a.m. An Ordinance Of The Mayor And City Commisson Of The City Of Miami Beach,Florida,Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses,"By Amending Article II,Entitled 'Public Places"By Amending Division 2,Entitled"Bicycling,Skateboarding,Roller Skating,in-Line Skating,And Motorized Means Of Transportation,"By Amending Section 70-67 Thereof,Entitled"Prohibited Activities," To Prohibit The Operation 01 Motorized Means Of Transportation In,On Or Upon Any Portion 01 A)The Beachwalk Between 151D And 23i°Streets,Between 6411 And 79"Streets,And South Oi 52'Street;B)The Lummus Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between 511 And 151b Streets;C)The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 151h Street;D)The South Pointe Park Cutwalk Adjacent And Parallel To Government Cut;And E)The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South Of 51h Street;Providing For Repealer,Severability,Codification,And An Effective Date. Inquiries may be directed to the City Attorney's Office 305-673-7470. 10:30 a.m. An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 106 Of The Miami Beach City Code,Entitled'Traffic And Vehicles,"By Amending Article II,Entitled*Metered Parking,"By Amending Division 1,Entitled"Generally,"By Amending Section 106-55,Entitled"Parking Rates,Fees,And Penalties,"By Amending Subsection(N);Entitled,"HybridALEV(Inherently low Emissions Vehicles) Vehicles Incentive,"ByAmending Vehicle Participation Criteria For The HybridALEVVehicles Incentive Program To Substitute Vehicles With An EPA(Environmental Protection Agency)Smartway Designation;And Establishing An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles;Providing For Codification,Repealer,Severability,And An Effective Date.Inquiries may be directed to the Parking Deparfirent 305-673-7275. 10:35 a.m. An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic AndVehides,"By Amending Article II,Entitled`Metered Parking,'By Amending Division I,Entitled"Generally,"By Amending Section 106-47, Entitled"Freight,Commercial,And Passenger Curb Loading Zones;Hours,Deliveries";Creating Subsection(F),Permit Required;Further Amending Section 106-55;Establishing Subsection(0),Entitled.*Freight Loading Zone (FLZ)Permit";And Subsection(P),Entitled,Alley Loading(AL)Permit;Providing For Codification,Repealer,Severability,And An Effective Date.Inquiries maybe directed to the Ruking Department 305-673-7275. 10:40 a.m. AFSCME MBERP Ordinance An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State,County And Municipal Employees,(AFSCME)Local 1554;Amending The Miami Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five(5) Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And PartIcipatlon Requirements And Amended DROP Plan Features.Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service Effective April 23,2015;Amending Section 6.02 Of The Plan By Reinstating An Additional Two Percent Member Contribution For Members Of The AFSCME Bargaining Unit Hired Prior To September 30, 2010;And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The Cityt Annual Required Contribution To The Retirement Plan is 23.5%Of Payroll Or Less.Inquiries may be directed to the Human Resources Department 305-673-7524. NOTE See also advertisement 11884,for additional public hearings occurring on May 21,2014. Dr.Stanley SuBrick Citizen's Forum-The times for the Or.Stanley Sutnick Citizen's Forum are 8:30 am.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session, with Individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification Is needed In order to speak to the Commission during this Forum. INTERESTED PARTIES are Invited to appear at this meeting,or be represented by an agent,or to express their views In writing addressed to the City Commission,do the City Clerk,1700 Convention Center Drive,10 Floor, City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,la Floor,City Hall,Miami Beach, Florida 33139.This meeting,or any Item herein,may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:If a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings Is made,which record Includes the testimony and evidence upon which the appeal Is to be based,This notice does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711. Rafael E.Granado,City Clerk 886 City of Miami Beach