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Ordinance 94-2957 ORDINANCE NO. 94-2957 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH; FLORIDA, AMENDING ORDINANCE NO. 89-2640, ENTITLED "CITY SUPPLEMENTAL PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MIAMI BEACH", AMENDING SECTION 7, ENTITLED "BENEFITS PAYABLE" BY PROVIDING THAT SURVIVING SPOUSES OF MEMBERS KILLED IN THE LINE OF DUTY SHALL NOT LOSE SURVIVOR' S BENEFITS UPON REMARRIAGE; ADDING SECTION 22, ENTITLED "MAXIMUM COMPENSATION BY PROVIDING THAT THE SAME COMPENSATION LIMITS WHICH WERE USED FOR DETERMINING EMPLOYEES PENSION BENEFITS AS OF JULY 1, 1993 SHALL CONTINUE TO BE USED FOR EMPLOYEES HIRED BEFORE DECEMBER 31, 1995; ADDING SECTION 23, ENTITLED "DISTRIBUTION TO ELIGIBLE RETIREMENT PLAN" PROVIDING THAT CERTAIN DISTRIBUTEES OF PENSION BENEFITS MAY ELECT TO HAVE ELIGIBLE BENEFIT DISTRIBUTIONS PAID DIRECTLY TO AN ELIGIBLE RETIREMENT PLAN AND PROVIDING THAT THIS PROVISION SHALL TAKE EFFECT RETROACTIVELY AS OF JANUARY 1, 1993; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to the requirements of recent amendments to Florida Statutes, the surviving spouse of any municipal firefighter or police officer killed in the line of duty is entitled to continue to receive survivor retirement benefits after remarrying; and WHEREAS, it is necessary to amend this ordinance to comply with those statutory requirements; and WHEREAS, the Omnibus Budget Reconciliation Act of 1993 amended Section 401 (a) (17) of the Internal Revenue Code to reduce the amount of an employee ' s yearly compensation which may be considered for pension plan purposes to $150, 000 for 1994 , with limited future indexing; and WHEREAS, public sector plans are permitted to "grandfather" the use of compensation limits specified in their plans as of July 1, 1993 if a "grandfather" provision is added to their pension plans before the plan year beginning in 1996 ; and WHEREAS, in order to comply with the requirements of the Unemployment Compensation Amendments of 1992 the City must provide certain pension benefit recipients with the right to elect to have certain eligible benefit distributions paid directly to an eligible retirement plan; and WHEREAS, the amendments set forth herein were recommended by the Board of Trustees of the City Supplemental Pension Fund for Firefighters and Police Officers in the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . AMENDMENT OF SECTION 7, ORDINANCE NO. 89-2640 . That Section 7, entitled "Benefits Payable" of City of Miami Beach Ordinance No . 89-2640 , entitled "City Supplemental Pension Fund for Firefighters and Police Officers in the City of Miami Beach" is hereby amended as follows : Section 7 . Benefits Payable 2 * * * 7 . 04 Service Connected Death Benefits If any member shall lose his life or later die within five (5) years from injuries received while in the discharge of his duties and shall leave a widow or widower or a child or children or one or more dependent parent (s) , the Trustees shall authorize and direct payment of a pension to the widow or widower or a child or children or dependent parent (s) under the following terms, conditions and restrictions and at the following rates : (A) To the widow or widower, the greater of subparagraph (1) or subparagraph (2) , reduced by subparagraph (3) as follows : (1) the pension to which the deceased member would have been entitled under Section 7. 01 (B) , determined without regard to clause (3) thereof, or Section 7 . 02 (B) , whichever is applicable . (2) eighty-five (85%) per cent of the salary or wages of the member at the date of his death, (3) the Base System Benefit (b) If there be no surviving widow or widower, or if such widow or widower remarries or dies, then the benefit set forth in Subsection (A) above shall be paid in equal portions to each child of the deceased member. Payment to any such child shall cease at such 3 time as (1) the child attains age eighteen (18) (or age twenty-two (22) in the case of a child who is a full-time student in high school or college) , (2) the child marries or dies, or (3) the child recovers in the case of a physically or mentally handicapped child. However, when a member is killed in the line of duty, the surviving spouse shall not lose survivor' s benefits upon remarriage . SECTION 2 . ADDITION OF SECTION 22 , ORDINANCE NO. 89-2640 . That City of Miami Beach Ordinance No. 89-2640 , which established the City Supplemental Pension Fund for Firefighters and Police Officers in the City of Miami Beach is hereby amended by addition of Section 22 to read as follows : Section 22 . Maximum Compensation. In determining the pension benefit for an eligible employee, compensation in excess of limitations set forth in Section 401 (a) (17) of the Internal Revenue Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1 , 1993 . As used in the Section, 4 "Eligible employee" is an individual who was a member before the first plan year beginning after December 31 , 1995 . SECTION 3 . ADDITION OF SECTION 23, ORDINANCE NO. 89-2640 . That City of Miami Beach Ordinance No. 89-2640, which established the City Supplemental Pension Fund for Firefighters and Police Officers in the City of Miami Beach is hereby amended by addition of Section 23 to read as follows : Section 23 . Distribution to Retirement Plan 23 . 01 Election by Distributee This Section applies to distributions made on or after January 1 , 1993 . Notwithstanding any provision of this Ordinance to the contrary that would otherwise limit a distributee ' s election under this Section, a distributee may elect , at the time and in the manner prescribed by the plan administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 23 . 02 Definitions For purposes of this Section, the following definitions shall apply: (A) Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible 5 rollover distribution does not include : any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee ' s designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401 (a) (9) of the Internal Revenue Code; and the portion of any distribution that is not includible in gross income . (B) Eligible retirement plan: An eligible retirement plan is an individual retirement account described in Section (408 (a) of the Internal Revenue Code, an individual retirement annuity described in Section 408 (b) of the Internal Revenue Code, an annuity plan described in Section (403 (a) of the Internal Revenue Code, or a qualified trust described in Section (401 (a) of the Internal Revenue Code, that accepts the distributee ' s eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (C) Distributee : A distributee includes an employee or former employee . In addition, the employee ' s or former employee ' s 6 surviving spouse are distributees with regard to the interest of the spouse . (D) Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee . SECTION 4 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6 . EFFECTIVE DATE. This Ordinance shall take effect on the 17th day of December , 1994 . However, Section 3 shall take effect retroactively as of January 1, 1993 . PASSED and ADOPTED this 7th da; of December , 1994 . ATTEST: Adallphik/ $ MAYOR q 'rj&a,)L ET)11N--„-- CITY CLERK 1st reading 11/16/94 2nd readin 12/7/94 SWS:scf:6.Odgsk7\pension.ord FORM APPROVED LEGAL DEPT. 7 By Date t l t- 2, lit CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 9M-61 TO: Mayor Seymour Gelber and DATE: December 7, 1994 Members of the City Commission FROM: Roger M. Ca " Olk City Manager SUBJECT: SECOND READING AMENDING ORDINANCE NO. 89-2640, ENTITLED "CITY SUPPLEMENTAL PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MIAMI BEACH," AMENDING SECTION 7, ENTITLED "BENEFITS PAYABLE"BY PROVIDING THAT SURVIVING SPOUSES OF MEMBERS KILLED IN THE UNE OF DUTY SHALL NOT LOSE SURVIVOR'S BENEFITS UPON REMARRIAGE; ADDING SECTION 22, ENTITLED "MAXIMUM COMPENSATION BY PROVIDING THAT THE SAME COMPENSATION UMITS WHICH WERE USED FOR DETERMINING EMPLOYEES PENSION BENEFITS AS OF JULY 1, 1993 SHALL CONTINUE TO BE USED FOR EMPLOYEES HIRED BEFORE DECEMBER 31, 1995;ADDING SECTION 23, ENTITLED "DISTRIBUTION TO EUGIBLE RETIREMENT PLAN" PROVIDING THAT CERTAIN DISTRIBUTEES MAY ELECT TO HAVE EUGIBLE BENEFIT DISTRIBUTIONS PAID DIRECTLY TO AN EUGIBLE RETIREMENT PLAN;PROVIDING FOR A REPEALER, SEVERABIUTY AND AN EFFECTIVE DATE. ADMINISTRATIVE RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the ordinance at second reading. BACKGROUND Review by the Board of Trustees and Board's Counsel indicate that the Ordinance should be amended to comply with(1) State Law CS/HB 665 which provides that the surviving spouse of any member killed in the line of duty shall not forfeit benefits upon remarriage; (2) the Unemployment Compensation Amendments of 1992 which provide for rollover into IRA for otherwise taxable distributions; since the first reading,the language has been changed to clarify that the date is retroactive to January 1, 1993 as already specified within the text of the Ordinance; (3) Amendment permitted by OBRA (Omnibus Budget Reconciliation Act of 1993) which allows grandfathering of compensation for employees hired before the Plan Year beginning 1996. The Ordinance was presented to the City Commission and passed on first reading November 16, 1994. CONCLUSION The adoption of the amendments will update Ordinance No. 89-2640 so that it will comply with CS/HB 665; the Unemployment Compensation Amendments of 1992, and the Omnibus Budget Reconciliation Act of 1993. There will be no cost to the City of Miami Beach as a result of these amendments. AGENDA ITEM R DATE / 9 7 m Ci E �, r+ •r+ v 4-1 w Z r N. H w cd Lf) •r•1 0 ." C N O p� \o 0 •r-1 Cl) Ol CN LH 0 1.1 1 •r-I '0 cU 4 i 0 c04-1 C N • w v H U Z •rH1 CD 4O R$ Z U U] coD 0 4 !~ N • P4 0 PA •r♦ O •H 4-1 •r1 r-1 LH `b Cod 0 • O 4u N • • OA N ••r Ct1 • E r1 •r4 0) O . v ra a • a U . a4a b cd . • cn aq •