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2003-25258 ResoRESOLUTION NO. 2003-25258 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE ATTACHED AGREEMENT AS OF JUNE 30, 2003, BETWEEN THE CITY OF MIAMI BEACH, THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) LOCAL 1510, THE MIAMI BEACH FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8, THE BOARD OF TRUSTEES OF THE MIAMI BEACH FIREFIGHTERS' RELIEF AND PENSION FUND, THE BOARD OF TRUSTEES OF THE MIAMI BEACH POLICE OFFICERS' RELIEF AND PENSION FUND AND THE BOARD OF TRUSTEES OF THE CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MIAMI BEACH FOR THE BENEFIT ENHANCEMENT OF THE FIREFIGHTERS' AND POLICE OFFICERS' PENSION FUNDS, AND RATIFYING THE EXECUTION OF THE AGREEMENT BY THE MAYOR, CITY CLERK, AND CITY MANAGER AS OF JUNE 30, 2003. WHEREAS, the Florida Legislature enacted Chapter 99-1, Laws of Florida, amending Chapters 175 and 185, Florida Statutes: the state laws governing most municipal pension plans for police officers and firefighters, including the police and firefighter pension plans established by the City of Miami Beach in Articles VII, VIII and IX, Miami Beach City Charter; and WHEREAS, Chapters 175 and 185, Florida Statutes, as amended by Chapter 99-1, Laws of Florida, require participating municipalities to implement certain pension benefits for police officers and firefighters as additional premium tax revenues become available to fund such benefits; and WHEREAS, sufficient additional premium tax revenues have not yet become available to fund all such benefits for Miami Beach police officers and firefighters; and WHEREAS, the City of Miami Beach, its police and firefighter pension boards, Fraternal Order of Police and International Association of Fire Fighters, all desire that certain enhanced pension benefits be implemented immediately, even though sufficient additional premium tax revenues have not yet become available to fund such benefits; and WHEREAS, the City of Miami Beach has agreed to advance fund the difference between the amount of additional premium tax revenues available and the cost of the enhanced benefits, and the police and firefighter pension boards and FOP and IAFF have agreed that future increases in premium tax revenues, above the amount needed to fund the enhanced benefits, shall be paid to the City until the full amount advanced bythe City, plus interest, is repaid; and WHEREAS, the attached City of Miami Beach Police Officers and Firefighters Pension Funds Enhanced Benefits Funding Agreement (the "Agreement"), which is attached hereto and incorporated herein by reference, should be ratified as of June 30, 2003, in order to provide for the above referenced enhanced pension benefits for Miami Beach police officers and firefighters, and the execution of the Agreement by the Mayor, City Clerk, and City Manager should be ratified as of June 30, 2003. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Agreement is hereby ratified as of June 30, 2003, between the City of Miami Beach, the International Association of Fire Fighters (IAFF) Local 1510, the Miami Beach Fraternal Order Of Police (FOP), William Nichols Lodge No. 8, the Board Of Trustees Of The Miami Beach Firefighters' Relief and Pension Fund, the Board Of Trustees of the Miami Beach Police Officers' Relief and Pension Fund and the Board Of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach for the benefit enhancement of the Firefighters' and Police Officers' Pension Funds, and the execution of the Agreement by the Mayor, City Clerk, and City Manager is ratified as of June 30, 2003. PASSED AND ADOPTED this 2nd day of July ., 2003 ATTEST: CITY CLERK ~VED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: A Resolution ratifying an agreement, effective to June 30, 2003, between the City, the IAFF, FOP, the Board of Trustees of the Firefighters Relief and Pension Fund, the Board of Trustees of the Police Officers' Relief and Pension Fund and the Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach for benefit enhancements to the fund. Issue: Should the City ratify the agreement, entered into by the above parties on June 30, 2003, to advance the necessary funds on an annual basis, for benefit enhancements to the fund. Item Summary/Recommendation: The Administration recommends that the City Commission authorize the City to enter into the agreement. Advisory Board Recommendation: Financial Information: Finance Dept. TOal City Clerk's Office Legislative Tracking: Sign-Offs: AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www,ci.miarni-beach,§,us COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Date: July 2, 2003 Members of the City Commission Jorge M. Gonzalez /t City Manager ~ ~,., U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE ATTACHED AGREEMENT AS OF JUNE 30, 2003, BETWEEN THE CITY OF MIAMI BEACH, THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) LOCAL 1510, THE MIAMI BEACH FRATERNAL ORDER OF POLICE {FOP) WILLIAM NICHOLS LODGE NO. 8, THE BOARD OF TRUSTEES OF THE MIAMI BEACH FIREFIGHTERS' RELIEF AND PENSION FUND, THE BOARD OF TRUSTEES OF THE MIAMI BEACH POLICE OFFICERS' RELIEF AND PENSION FUND AND THE BOARD OF TRUSTEES OF THE CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MIAMI BEACH FOR THE BENEFIT ENHANCEMENT OF THE FIREFIGHTERS' AND POLICE OFFICERS' PENSION FUNDS, AND RATIFYING THE EXECUTION OF THE AGREEMENT BY THE MAYOR, CITY CLERK, AND CITY MANAGER AS OF JUNE 30, 2003. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: As a result of state legislative action passed in Mamh of 1999, in order for the Fireflghters Relief and Pension Fund and the Police Officers' Relief and Pension Fund to receive annual tax dollars in excess of base amounts set in 1999, the City Pension Fund for Firefighters and Police Officers must change its minimum benefit language. The City Pension Fund for Firefighters and Police Officers must change the language to provide for "ten years certain and life" benefit and must change the beneficiary language to allow police officers and firefighters to designate one or more persons as their beneficiary. This change in benefit could have a significant cost effect to the City if the tax revenues received each year are not sufficient to cover the annual actuarial estimate of the enhanced benefits. The City would then incur these additional costs. In order to ensure that the City does not have the continued financial burden of providing these new minimum benefits, an agreement (Attachment A) will be established among the following participants: The City of Miami Beach, The Firefighters' Relief and Pension Fund, The Police Officers' Relief and Pension Fund, The International Association of Firefighters, The Fraternal Order of Police, and The City Pension Fund for Firefighters and Police Officers. This agreement will provide for the City to advance monies to fund such benefits, during the plan year beginning October 1,2003 and each succeeding plan year, based on annual actuarial calculations. These advanced monies will be re-paid to the City from tax revenues received in excess of amount needed, until the full amount advanced by the City, plus interest at the same interest rate earned on City investments at the time of the annual advance, is repaid. It is understood by all parties that this agreement will be effective on June 30, 2003, contingent upon execution by all parties and ratification by the City Commission. Amendments to Article IX of the City Charter (Pension System for Disability and Retirement of Members of the Police and Fire Departments) shall be submitted to referendum on November 4, 2003 and shall take effect upon approval of the electorate and Ordinance of the City Commission. CONCLUSION: The Administration recommends that the City Commission ratify the agreement between the named parties for the benefit enhancements to the Firefighters' and Police Officers' Pension Funds at the soonest practicable date determined by the City, JMG:MDB:TCA:pah CITY OF MIAMI BEACH POLICE OFFICERS AND FIREFIGHTERS PENSION FUNDS ENHANCED BENEFITS FUNDING AGREEMENT WHEREAS, the Florida Legislature enacted Chapter 99-1, Laws of Florida, amending Chapters 175 and 185, Florida Statutes: the state laws governing most municipal pension plans for police officers and fire fighters, including the police and firefighter pension plans established by the City of Miami Beach in Articles VII, VIII and IX, Miami Beach City Charter; and WHEREAS, Chapters 175 and 185, Florida Statutes, as amended by Chapter 99-1, Laws of Florida, require participating municipalities to implement certain pension benefits for police officers and firefighters as additional premium tax revenues become available to fund such benefits; and WHEREAS, sufficient additional premium tax revenues have not been available during the past several years to fund all such benefits for Miami Beach police officers and firefighters; and WHEREAS, the City of Miami Beach, its police and firefighter pension boards, Fraternal Order of Police and International Association of Fire Fighters, all desire that certain enhanced pension benefits be implemented immediately, even though sufficient additional premium tax revenues may not be available every year to fund such benefits; and WHEREAS, the City of Miami Beach has agreed to advance fund the difference between the amount of additional premium tax revenues available and the cost of the enhanced benefits, and the police and firefighter pension boards and FOP and IAFF have agreed that future increases in premium tax revenues, above the amount needed to fund the enhanced benefits, shall be paid to the City until the full amount advanced by the City, plus interest, is repaid. FOR GOOD AND SUFFICIENT CONSIDERATION, INCLUDING THE EXCHANGE OF MUTUAL PROMISES SET FORTH HEREIN, THE CITY OF MIAMI BEACH, ITS POLICE AND FIREFIGHTER PENSION BOARDS, AND FOP AND IAFF AGREE AS FOLLOWS: The City of Miami Beach (the City), the Board of Trustees of the Miami Beach Firefighters' Relief and Pension Fund (Firefighters' Pension Board), the Board of Trustees of the Miami Beach Police Officers' Relief and Pension Fund (Police Officers' Pension Board), the Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach (Firefighter/Police Pension Board), the Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8 (FOP), and the International Association of Fire Fighters, Local 1510, AFL-CIO-CLC (IAFF), [collectively referred to herein as "All Parties"] agree, contingent upon execution and ratification of this agreement by All Parties and approval of the Florida Division of Retirement, that the following amendments to Article IX (Pension System for Disability and Retirement of Members of Police and Fire Departments) of the City Charter, shall be submitted to referendum on November 4, 2003 and shall take effect upon approval of the electorate, as implemented by ordinance adopted by the City Commission: Allowing police officers and firefighters to designate one or more persons, named sequentially or jointly, as the member's beneficiary (ies) for the purpose of electing a joint and last survivor benefit as an optional form of benefit in accordance with Sections 175.171, 175.181, 185.161 and 185.162, Florida Statutes. Providing "10 years certain and life" as the nomial form of benefit for firefighters and police officers, in accordance with Sections 175.162 and 185.16, Florida Statutes. The benefits outlined in paragraph 1, subparagraphs (a) and (b) above, shall be referred to herein as the "benefit enhancements." All Parties agree that, upon the amendments described in paragraph 1, above, becoming effective, the City will advance to the Pension System for Disability and Retirement of Members of Police and Fire Departments (the "Firefighter/Police Pension Fund"), during that plan year and each succeeding plan year, the amount, if any, by which the annual cost of the benefit enhancements exceeds the additional premium tax revenues available. All Parties further agree that the Firefighter/Police Pension Board shall provide to the City an annual actuarial calculation, prepared by the plan actuary at no direct cost to the City, of the cost of the benefit enhancements for the next succeeding plan year, no later than the date the annual actuarial valuation is completed. All Parties agree that in any future year in which the increase in available additional premium tax revenues is sufficient to fund the annual cost of the benefit enhancements, all additional premium tax revenues in excess of the cost of the benefit improvements shall be credited against the City's required contributions until the funds credited to the City equal the funds advanced by the City including attorneys fees incurred by the City in the preparation of this agreement and implementing ordinances, plus interest at the same interest rate earned on City investments at the time of the annual advance. Upon execution of this agreement by All Parties, ratification by the City Commission and approval of the Florida Division of Retirement, this agreement shall take effect on June 30, 2003. If the amendments described in paragraph 1, above, become effective, this agreement shall remain in effect until the full actuarial cost of the benefit enhancements is paid. THE PARTIES REPRESENT AND ACKNOWLEDGE THAT THEIR UNDERSIGNED REPRESENTATIVES ARE AUTHORIZED TO BIND THEM IN THIS AGREEMENT. International Association of Fire Fighters, Local 1510, AFL-CIO-CLC Date Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8 Date /4 of ,Trustees of the Miami Beach Date refighters Relief and Pension Fund ~~ ~"-T~gl.~e Miami Beach Date Police Officers' Relief and Pension Fund ~ ~~'~~BoardofTmste qff tl~ Ci y P~nsio ' n Fund for FirefighterseSand PblicetOfficers in the Date City of Miami Beach ger, Cit~y Mi~~i Ch )r, City of Miami Beach Ob, 30.03 Date Date Attest: City Clerk APPROVED AS TO FORM& LANC. d. JAGE & FOR EXECLmON shall take effect on June 30, 2003. If the amendments described in paragraph 1, above, become effective, this agreement shall remain in effect until the full actuarial cost of the benefit enhancements is paid. THE PARTIES REPRESENT AND ACKNOWLEDGE THAT THEIR UNDERSIGNED REPRESENTATIVES ARE AUTHORIZED TO BIND THEM IN THIS AGREEMENT. Intemational Association of Fire Fighters, Local 1510, AFL-CIO-CLC Miatlni Beach p~ra~mal Order of Police, William Nichol~ddge No. 8 Date Date Board of Trustees of the Miami Beach Date Firefighters' Relief and Pension Fund / Board of llrust~es of the Miami Beach Date Police Office~s2~Relief and Pension Fund Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach y Manager, Ci y ' ' Date Date Approved by Vote of the City Commission Attest: City Clerk Mayor APPROVED AS FORM & LANG~E & FOR EXECUTION