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Ordinance 95-3007 ORDINANCE NO. 95-3007 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ORDINANCE NO. 88-2603 WHICH ESTABLISHED A RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS, AMENDING ARTICLE 5, ENTITLED "BENEFITS" , BY ADDING SECTION 5 . 12, ENTITLED "MAXIMUM COMPENSATION" 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; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Omnibus 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, the amendment set forth herein were recommended by the Board of Trustees of the Retirement System For Unclassified Employees and Elected Officials . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . ADDITION OF SECTION 5 . 12 . That Article 5, entitled "Benefits" of City of Miami Beach Ordinance No. 88-2603 is hereby amended by addition of Section 5 . 12 to read as follows : 5 .12 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, "Eligible employee" is an individual who was a member before the first plan year beginning after December 31 , 1995 . SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 7 SECTION 3 . SEVERABILITY._ If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 23rd day of September , 1995 . PASSED and ADOPTED this 13th day 'if September , 1995 . ATTEST: MAYOR id CITY CLERK 1st reading 7/12/95 2nd reading 9/13/95 SWS:scf:6.0disk8\Sec-5-12.ord FORM APPROVED Le¢a1 Dept. By err i . Date SwS 7 3 -7S 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. e 03"—I- TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 26, 1995 FROM: Jose Garcia-Pedrosa 7 City Manager •.-i, SUBJECT: SECOND READING AMENDING ORDINANCE NO. 88-2603, WHICH ESTABLISHED THE RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH AMENDING ARTICLE 5, ENTITLED "BENEFITS", BY ADDING SECTION 5.12,ENTITLED "MAXIMUM COMPENSATION", PROVIDING THAT'1HE 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; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Administrative Recommendation The Ordinance passed first reading on July 12, 1995. The Administration recommends that the Mayor and City Commission adopt this Ordinance at second reading. Analysis The Omnibus Budget Reconciliation Act of 1993 amends Section 401(a)(17) of the Internal Revenue Code to reduce the amount of compensation which may be considered for pension plan purposes to $150,000 for 1994, with limited future indexing. The Unclassified Employees and Elected Officials Retirement System, as a public sector plan, would be permitted to grandfather use of the limits, if any, existing in Plan as of July 1, 1993, for employees hired before the plan year beginning 1996. In order to take advantage of the grandfather provision, the Ordinance must be amended by September 30, 1995. The Actuary for the Plan, Steve Palmquist, has advised that the proposed amendatory language would not negatively impact the Plan. Conclusion This amendment is recommended by the Board of Trustees as necessary for the protection of existing employees from the new lower compensation limits effective in 1996. • JGP:ma AGENDA I TEM f - - c:\wWWordinanceomn,boscommiss,onmemo.unc DATE t "I :3-9 4 • O u • C) •-4 o '0 • 'c v-4 w • 3 +.) • Lr) u o Cr) a) a) O 4-1 r-1 vl CA W O c' i z o Cn u Zw CO u C •H - 0 E a) =- z Z v a, O 6.0 Ri U r--I •rI O 0 cu I.'0 0 64 • w4r-1 Cd a) 'C7 '0 0 }-a TJ a) O a) •H .0 w CI) ND & •rI i--I • •H CO CO rI r--I v) •r1 -d .a C u G CO r-I •r-I a) 4-1 u LH • Ci) G W < a) D O