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Ordinance 95-3002A ORDINANCE NO. 95-3002A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, CREATING A DEFINED CONTRIBUTION RETIREMENT PLAN UNDER SECTION 457 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED BY THE OMNIBUS TAX RECONCILIATION ACT OF 1990, BY PROVIDING FOR A FIXED PERCENTAGE TO BE CONTRIBUTED BY PART- TIME, SEASONAL AND TEMPORARY EMPLOYEES AND THE CITY INTO THE PLAN; PROVIDING FOR SEVERABILITY,A REPEALER AND AN EFFECTIVE DATE. Whereas,the City Commission of the City of Miami Beach, Florida, desires to establish a defined individual retirement plan for its part-time, seasonal, and temporary employees as an alternative to the Federal Social Security 6.2% employer/employee matching contributions; and Whereas, the benefits to part-time, seasonal, and temporary employees and the obligation of the City to said employees must be established for the proper maintenance of the new 457 pension plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: Section 1 That a 457 Pension Plan be established for all employees of the City of Miami Beach who work less than thirty (30) hours per week, as follows: Contributions Upon commencement of employment,the employer shall set up an individual retirement account on behalf of the employee with the City's designated plan administrator. The employee shall contribute 7.5% of his annual earnings for which the employer shall assure said contributions are placed into his account. • • The City shall contribute 2.5% into the individual account of the employee, thus bringing the total contribution by both parties to 10%. In accordance with the now prevailing IRS Code, the total contribution rate may not fall below 7.5%. Section 2 Repealer All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3 Severability If any article, section, subsection, clause or provision of this ordinance is held invalid, the remainder shall not be effected by such invalidity. Section 4 Effective Date This Ordinance shall become effective on the 22nd day of July , 1995. Passed and Adopted this 12th day of July , 1995. 101 r + Mayor Attest: AS �.= City C erk FORM AP 1st reading 6/21/95 P IVED 2nd reading 7/12/95 LE PT. By ,%e Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 6&) '!� TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 12, 1995 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: AN ORDINANCE OF •/ MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, LORIDA, CREATING A DEFINED CONTRIBUTION RETIREMENT PLAN UNDER SECTION 457 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED BY THE OMNIBUS TAX RECONCILIATION ACT OF 1990, BY PROVIDING FOR A FIXED PERCENTAGE TO BE CONTRIBUTED BY PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES AND THE CITY INTO THE PLAN; PROVIDING FOR SEVERABILITY, A REPEALER, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Commission adopt the ordinance on second reading to create a 457 Pension Plan for all part-time, seasonal and temporary employees . A public hearing and first reading of the ordinance was held on June 21, 1995 . BACKGROUND: At the Administration' s request, on May 17, 1995, the Commission referred the matter of creating a 457 Pension Plan, also known as the "Social Security Alternative" to the Capital Improvements/Finance Committee for consideration and discussion. A committee meeting was held regarding the subject on May 30 at which time the Committee recommended approval of the concept . This recommendation was reported back to the full Commission on June 7, 1995 and approved as presented. To implement a new individual retirement plan for all part-time, seasonal and temporary employees who work less than thirty (30) hours per week, it is necessary to adopt an ordinance . Adoption of an ordinance will allow the Administration to implement the plan, establish a floor and ceiling on the total contribution rate such that contribution levels by both parties may neither fall below 7 . 5%, nor exceed 10%, and designate a pension plan administrator. AGENDA ITEM ► \-3— L� DATE r7-1 -95 Second Reading - 457 Pension Plan Ordinance July 12, 1995 Page Two ANALYSIS: Annually, it is estimated that a cost savings of approximately $234, 000 would accrue to the General Fund from implementation of this Social Security Alternative. Contrasting the traditional Social Security program to this alternative reveals that the employee will gain an individual portable retirement plan, retain access to the federal Medicare program, and make pension contributions with "pre-tax dollars. " CONCLUSION: The attached ordinance will permit the Administration to implement a new individual retirement plan as an alternative to the federal Social Security program for all part-time, seasonal, and temporary employees . JGP:DJJ:me a H v Ctl • g 1.J N N N H • O 0 • O •r1 N • Cr) 4-4 q • I 0 a-+ • 01 •H L1 • } O • O 0 r- az oar u W CO H v v CSN c7 v o N L1 •rl Z rl 4-i 4-1 H 4-I U 0 W v LY R7 CO N O b P co 4) CIO b g G 4) •r1 0 0 u • t~ al CU cCI HI .--1 Q) U GLS