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Ordinance 99-3163 ORDINANCE NO. 99-3163 AN ORDINANCE OF THE MAYOR AND CITY • COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING SECTION 7 OF ORDINANCE NO.83-2398,THE DEFERRED COMPENSATION ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, TO REFLECT RECENT CHANGES IN FEDERAL REGULATION ON MAINTENANCE OF DEFERRED COMPENSATION PLAN FUNDS FOR CITY OF MIAMI BEACH EMPLOYEES; PROVIDING FOR REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: SECTION 1. AMENDMENT OF SECTION 7 OF ORDINANCE NO. 83-2398 That Section 7 of Ordinance No.83-2398 entitled, "Investments and Account Values," is hereby amended as follows: SECTION 7. INVESTMENTS AND ACCOUNT VALUES 7-1 Investment of Deferred Compensation. For the purposes of measuring and satisfying the Employer's obligation to provide benefits under this Plan, the Employer shall invest the amount of each Participant's Deferred Compensation,in an investment contract or investment contracts. Such investments shall be made within 72 hours, exclusive of Sundays and Holidays,from the time the amounts are remitted to the Administrator or otherwise available for investment. Any such investment contracts and any other property held by the Employer in trust for Participants or as collateral security for the fulfillment of the Employers's obligation under this Plan. Any such investment contracts or property shall be subject to the claims of general creditors of the Employer and no Participant or Beneficiary shall have any vested interest or secured or preferred position with respect to such contracts or have any ••-- _ - -- - - . - - . - . _ -- . :• . . All assets in any plan, including all deferred amounts, property and rights purchased with deferred amounts, and all income attributable to deferred amounts, property of rights, shall (until made available to the participating employee or beneficiary)be held in a trust, custodial account, or annuity contract described in the Internal Revenue Code, Section 457(R), for the exclusive benefit of the participating employees and their beneficiaries. 7-2 Crediting of Accounts. The Participant's Account shall reflect the amount and value of any investments acquired by the Employer through the, investment of the Participant's Deferred Compensation. It is anticipated that the Employer's investments with respect to a participant will conform to the investment selection made in the Participant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular investment of a Participant's Deferred Compensation; provided however, the Employer shall not cause any Deferred Compensation which has been invested in accordance with a Participant's selection to be liquidated and reinvested under a different investment contract, except at the request of a Participant and in accordance with regulations or rulings promulgated under Section 457 of the Code. Each Participant shall receive periodic reports, • not less frequently than annually, showing: the value of the Account as of the end of the calendar year or other accounting period for which the report is made; the Account balance as of the end of the preceding accounting period; the amount of compensation deferred during the accounting period; and the amount of income, gains or losses credited to the Participant's Account during the accounting period. 7-3 Employer Liability. In no event shall the Employer's liability to pay benefits to a Participant under Section 7 exceed the value of payments due under the investments acquired through the investment of the Participant's Deferred Compensation and credited to the Participant's Account. The Employer shall not be liable for losses arising from expense charges of any kind or from depreciation or shrinkage in the value any investments acquired under this Plan. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 16th day of January 1999. PASSED AND ADOPTED this 6th of January, 1999. U ATTEST: , LMAYOR Cif U�l�a 190ALLA APPROVED AS TO CITY CLERK FORM & LANGUAGE & FOR EXECUTION SR:PW:GE 1st reading 12/16/98 �'/ 2nd reading 1/6/99 4 "FCt I _(fir ,"�Ct�car►►�y ; ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 tp:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. a 3 -9 9 TO: Mayor Neisen O. Kasdin and DATE: January 6, 1999 Members of the City Commission FROM: Sergio Rodriguez 4 4 City Manager /f SUBJECT: AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 83-2398, THE DEFERRED COMPENSATION ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, TO REFLECT RECENT CHANGES IN FEDERAL REGULATION ON MAINTENANCE OF DEFERRED COMPENSATION PLAN FUNDS FOR CITY OF MIAMI BEACH EMPLOYEES; PROVIDING FOR REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Adopt the Ordinance. BACKGROUND: This Ordinance was approved on first reading on December 16, 1998. The law governing Internal Revenue Code(IRC) Section 457 deferred compensation plans has been changed. This change requires that to be considered a"qualified plan"all assets and income of the plans must be "held in trust" for the exclusive benefit of the participants rather than the employer. ANALYSIS The Deferred Compensation Plan administrators, (ie: ICMA; PEBSCO), have confirmed that their plans have been modified to be compliant with this change. This action is only proposed as a "housekeeping" item to modify our existing ordinance to reflect the amendments that have previously been made by the various Deferred Compensation Plan administrators. There is no fiscal impact associated with this modification. Effective for periods subsequent to January 1, 1999, the City will reflect in its financial statements, the changes made by the various Deferred Plans to be in compliance with both IRC Section 457 and the reporting requirements of Government Accounting Standards Board (GASB)No. 32 Statement. CONCLUSION: The Administration recommends that the City Commission adopt the attached Ordinance. SR:PW: E AGENDA ITEM DATE 1— �9 • 4a - 4 O N ra Q U • Z o ) a� c_ O -n0 co, " cu O LI-, zo . Ori o2o �