2003-25296 ResoRESOLUTION NO. 2003-25296
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER ARTICLE IX OF THE
CITY'S RELATED SPECIAL ACTS REGARDING THE CITY'S PENSION
FUND FOR CITY FIREFIGHTERS AND POLICE OFFICERS SHOULD BE
AMENDED, CONTINGENT ON APPROVAL OF THE ENHANCED
BENEFITS FUNDING AGREEMENT BY THE FLORIDA DIVISION OF
RETIREMENT, TO ALLOW SUCH PENSION FUND MEMBERS TO
DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL SURVIVOR
BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR MEMBERS
WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE NORMAL
FORM OF BENEFIT?
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general
laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of
Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 4, 2003, for the purpose of
submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with Miami-Dade County's certification of the results of said Special
Election being accepted by the City Commission. The official returns for each precinct shall be
furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have
been tabulated and results duly accepted by said appropriate Miami-Dade County Officials.
SECTION 3.
Said voting precincts in the City of said Special Election shall be as established by the proper
and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and
the voting precincts in which the official registration books show that the said electors reside. A list of
the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of
Miami-Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in accordance with the
general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First
Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration
centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade
County. Each person desiring to become a registered voter shall be responsible for properly filling out
the registration form and returning it to the Miami-Dade County Elections Office. All questions
concerning voter registration should be directed to the Miami-Dare County Elections Office, 111
Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box 012241, Miami,
Florida 33101; Telephone: (305) 375-5553
.SECTION 5.
Copies of the ballot question and proposed Related Special Acts text shall be made available at
the office of the City Clerk from 8:30 a.m. to 5:00 p.m. each day, Saturdays, Sundays, and holidays
excepted, no later than September 15, 2003.
SECTION 6.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall
be made at least once each week for four consecutive weeks next preceding said Special Election.
.SECTION 7.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 4TH DAY OF NOVEMBER, 2003, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING FIREFIGHTER/POLICE PENSION PLAN RE: DESIGNATION
OF BENEFICIARY AND NORMAL FORM OF BENEFIT
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLE IX,
REGARDING THE CITY'S PENSION FUND FOR FIREFIGHTERS AND
POLICE OFFICERS, BE AMENDED, CONTINGENT ON APPROVAL OF
THE ENHANCED BENEFITS FUNDING AGREEMENT BY THE FLORIDA
DIVISION OF RETIREMENT, TO ALLOW SUCH PENSION FUND
MEMBERS TO DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL
SURVIVOR BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR
MEMBERS WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE
NORMAL FORM OF BENEFIT?
YES
NO
.SECTION 8.
The official ballot to be used in the Special Election to be held on November 4, 2003, hereby called,
shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 4, 2003.
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 4TH DAY OF NOVEMBER, 2003, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING FIREFIGHTER/POLICE PENSION PLAN RE: DESIGNATION
OF BENEFICIARY AND NORMAL FORM OF BENEFIT
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLE IX,
REGARDING THE CITY'S PENSION FUND FOR FIREFIGHTERS AND
POLICE OFFICERS, BE AMENDED, CONTINGENT ON APPROVAL OF
THE ENHANCED BENEFITS FUNDING AGREEMENT BY THE FLORIDA
DIVISION OF RETIREMENT, TO ALLOW SUCH PENSION FUND
MEMBERS TO DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL
SURVIVOR BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR
MEMBERS WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE
NORMAL FORM OF BENEFIT?
YES
NO
.SECTION 9.
Absentee voters participating in said Special Election shall be entitled to cast their ballots in
accordance with the provisions of the laws of the State of Florida with respect to absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election and
will pay to Miami-Dade County or directly to all persons or finns, upon receipt of invoice or statement
approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of said ballot measure.
SECTION 12.
This resolution shall be effective immediately upon its passage.
ATTEST:
PASSED and ADOPTED this 30th day of
2003.
YOR
CITY CLERK
]KO/ED
F:~atto\OLIZ, ELECTION~RE SOXResoCityChar terg. doc
Resolution No. 2003-25296
APPFIOVED AS TO
FORM & lANGUAGE
& FO,~EGUTION
Proposed Amendment to City of Miami Beach Related Special Acts for November 4, 2003 Special
Election:
Proposed Ballot Question
AMENDING FIREFIGHTER/POLICE PENSION PLAN RE: DESIGNATION OF
BENEFICIARY AND NORMAL FORM OF BENEFIT
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLE IX, REGARDING
THE CITY'S PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS,
BE AMENDED, CONTINGENT ON APPROVAL OF THE ENHANCED
BENEFITS FUNDING AGREEMENT BY THE FLORIDA DIVISION OF
RETIREMENT, TO ALLOW SUCH PENSION FUND MEMBERS TO
DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL SURVIVOR
BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR MEMBERS WITH
A MINIMUM TEN YEAR PAYMENT PERIOD AS THE NORMAL FORM OF
BENEFIT?
YES
NO
B. Proposed Text
[Available in City Clerk's Office by September 15, 2003.]
CITY OF M1AMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
IA Resolution calling for a Special Election on November 4, 2003 to submit to the voters a question asking
whether sections of Article IX of the Related Special Acts should be amended as it relates to the City's
Pension Fund for City Firefi~lhters and Police for benefit enhancements.
Issue:
Should the City submit to referendum the question of amending the language in Article IX as it relates to
the City's Pension Fund for City Firefighters and Police Officers to enhance the benefits related to providing
a "ten-years certain and life" benefit and expanding the definition of those individuals who can be appointed
to be a beneficiary to receive optional survivor benefits? This amendment would be contingent upon
approval of the enhanced funding agreement by the Florida Division of Retirement, approval of the
electorate and the City Commission.
Item Summary/Recommendation:
I The Administration recommends that the C ty Comm ssion adopt the Resolution and authorize the Special
I Election to be held on November 4, 2003 for the purpose of submitting this question to the electorate,
Icontingent upon approval of the enhanced funding agreement by the Florida Division of Retirement.
Advisory Board Recomf~endation:
Financial Information:
Source of ~ovea
Funds:
3
Finance Dept. Total
City Clerk's Office Legislative Tracking:
Si
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ~
www.ci.miami-beach.fl.us ~
To:
From:
SUBJECT:
COMMISSION MEMORANDUM
Date: July 30, 2003
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez 1~..~'~
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 4, 2003, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER ARTICLE IX OF THE CITY'S RELATED
SPECIAL ACTS REGARDING THE CITY'S PENSION FUND FOR CITY
FIREFIGHTERS AND POLICE OFFICERS SHOULD BE AMENDED,
CONTINGENT ON APPROVAL OF THE ENHANCED FUNDING AGREEMENT
BY THE FLORIDA DIVISION OF RETIREMENT, TO ALLOW SUCH PENSION
FUND MEMBERS TO DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL
SURVIVOR BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR
MEMBERS WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE
NORMAL FORM OF BENEFIT?
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
As a result of state legislative action passed in March of 1999, in order for the Firefighters
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 other than their
spouse or child as their beneficiary.
On June 30, 2003 an agreement was approved by the City Commission that addresses
funding of the enhanced benefits. Amendments to Article IX of the City Charter (Pension
System for Disability and Retirement of Members of the Police and Fire Departments),
providing for members to designate a beneficiary to receive optional survivor benefits and
to provide a lifetime benefit for members with a minimum ten year payment period as the
normal form of benefit, shall be submitted to referendum on November 4, 2003 and shall
take effect upon approval of the electorate, the Florida Division of Retirement, and
Ordinance of the City Commission.
The City feels that this revision is part of the collective bargaining agreement and that a
referendum is not required by Law. However, the Pension Board attorney has requested a
referendum to determine the will of the voters. The ballot question of November 4, 2003
submitted for approval is contingent on approval by the Florida Division of Retirement of
the Agreement outlining the funding mechanism when the Premium Tax is insufficient to
cover the costs of the enhanced "minimum benefits."
CONCLUSION:
The Administration recommends that the City Commission adopt the Resolution and
authorize a special election to be held in the City of Miami Beach, Florida on November 4,
2003, for the purpose of submitting this question to the electorate contingent on approval
of the enhanced funding agreement by the Florida Division of Retirement.
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