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RESOLUTION 89-19683
RESOLUTION NO. 89-19683 A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7 , 1989 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH FOR THEIR APPROVAL OR DISAPPROVAL AMENDMENTS TO CHAPTER 18691, LAWS OF FLORIDA, SPECIAL ACTS OF 1937 , BEING ARTICLE XVI OF THE RELATED LAWS OF THE MIAMI BEACH CITY CODE, WHICH ARTICLE PROVIDES FOR A PENSION AND RETIREMENT SYSTEM FOR OFFICERS AND EMPLOYEES GENERALLY, SAID AMENDMENTS DELETING PROVISIONS GOVERNING OFFICERS AS PENSION PLAN MEMBERS, MANDATORY RETIREMENT, PERMISSIBLE RETIREMENT AGE FOR POLICEMEN AND FIREMEN, SPECIFIC CONTRIBUTION REQUIREMENTS (SUBSTITUTING ACTUARIALLY-SOUND CONTRIBUTIONS) , OPTIONS TO JOIN ORIGINAL PLAN, LIMITATIONS ON INCREASED BENEFITS, AND EXCEPTION FROM REFERENDUM REQUIREMENT FOR ELIMINATION OF CITY CONTRIBUTIONS IN CERTAIN CIRCUMSTANCES ; INCREASING: MINIMUM DISABILITY BENEFITS ; AND EXPANDING: INVESTMENT AUTHORITY. BE IT RESOLVED BY THE 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, Lro17, 7 : 30 a.m. to -/ : 00 p.m. on November 7 , 1989 for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2 . That the appropriate and proper Dade County election officials shall conduct the said Special Election hereby called, except for the certification of the results of said Special Election, which duty shall be performed 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 on the night of said Special Election. SECTION 3. Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate 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 Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. 1 SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general laws of the State of Florida governing voter registration. Qualified persons may register to vote at the City registration office located in the lobby of City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, each and every Wednesday until October 3 , 1989 , between the hours of 9 : 00 a.m. and 4 : 30 p.m. , and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Dade County. All questions concerning voter registrationshould be directed to the Dade County Elections Office, 111 N.W. 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 proposed amendment to the Miami Beach City Related Laws shall be made available to the electors at the office of the City Clerk from 9 : 00 a.m. to 5: 00 p.m. each day, Saturdays, Sundays, and holidays excepted, not later than thirty days prior to the date of said election. 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, 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 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 7TH DAY OF NOVEMBER, 1989, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDMENT 1: CITY OF MIAMI BEACH PENSION AND RETIREMENT SYSTEM FOR OFFICERS AND EMPLOYEES GENERALLY. SHALL CHAPTER 18691, LAWS OF FLORIDA, SPECIAL ACTS OF 1937, BEING ARTICLE XVI OF MIAMI BEACH CITY CODE 'S RELATED LAWS, BE AMENDED TO DELETE: OFFICERS AS PENSION PLAN MEMBERS, MANDATORY RETIREMENT, PERMISSIBLE RETIREMENT AGE FOR POLICEMEN AND FIREMEN, SPECIFIC CONTRIBUTION REQUIREMENTS 2 • (SUBSTITUTING ACTUARIALLY-SOUND CONTRIBUTIONS) , OPTIONS TO JOIN ORIGINAL PLAN, LIMITATIONS ON INCREASED BENEFITS, AND EXCEPTION FROM REFERENDUM REQUIREMENT FOR ELIMINATION OF CITY CONTRIBUTIONS IN CERTAIN CIRCUMSTANCES; INCREASE: MINIMUM DISABILITY BENEFITS; AND EXPAND: INVESTMENT AUTHORITY? YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 7 , 1989 , hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA SPECIAL ELECTION, NOVEMBER 7 , 1989 AMENDMENT 1: CITY OF MIAMI BEACH PENSION AND RETIREMENT SYSTEM FOR OFFICERS AND EMPLOYEES GENERALLY. SHALL CHAPTER 18691, LAWS OF FLORIDA, SPECIAL ACTS OF 1937 , BEING ARTICLE XVI OF MIAMI BEACH CITY CODE 'S RELATED T TT , BE AMENDED TO DELETE: OFFICERS rrICTrS AS PENSION PLAN MEMBERS, MANDATORY RETIREMENT, PERMISSIBLE RETIREMENT AGE FOR POLICEMEN AND FIREMEN, SPECIFIC CONTRIBUTION REQUIREMENTS (SUBSTITUTING ACTUARIALLY-SOUND CONTRIBUTIONS) , OPTIONS TO JOIN ORIGINAL PLAN, LIMITATIONS ON INCREASED BENEFITS, AND EXCEPTION FROM REFERENDUM REQUIREMENT FOR ELIMINATION OF CITY CONTRIBUTIONS IN CERTAIN CIRCUMSTANCES ; INCREASE: MINIMUM DISABILITY BENEFITS ; AND EXPAND: INVESTMENT AUTHORITY: 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 Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Dade County, Florida. 3 SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 26th day of July , 1989 . ' • ATTEST: YOR -47-p-f0-1 � -� FORM APPROVED CITY CLERK LEGA. DEPT. JKO/rg By Date 4 OFFICE OF THE CITY ATTORNEY 6-443( geal°4 F L O R I D A \PM 8f,. ARNOLD M. WEINER ' P.O.BOX 0 ��'\l1,pc..��o-h- MIAMI BEACH,FLORIDA 33119-J032 CITY ATTORNEY .,,---- TELEPHONE(305)673-7470 COMMISSION MEMORANDUM W3. (c-0(? DATE: (305)673-7002 DATE: JULY 26, 1989 TO: Mayor Alex Daoud and Members of the City Commission FROM: Arnold M. Weiner' City Attorney SUBJECT: AMENDMENT TO PENSION AND RETIREMENT SYSTEM FOR OFFICERS AND EMPLOYEES GENERALLY The Pension Board for General Employees has recommended several amendments to Article XVI of the City of Miami Beach' s Related Laws, encompassing the Pension and Retirement System for Officers and Employees Generally, which amendments are noted in the attached Exhibit "A" . Since the amendments involve changes to the City's Related Laws, a referendum vote is necessary before said amendments may be implemented. As such, the following 2 referendum questions have been drafted reflecting the proposed changes: 1. SHALL CHAPTER 18691, LAWS OF FLORIDA, SPECIAL ACTS OF 1937, BEING ARTICLE XVI OF MIAMI BEACH CITY CODE'S RELATED LAWS, BE AMENDED TO DELETE: OFFICERS AS PENSION PLAN MEMBERS, MANDATORY RETIREMENT, PERMISSIBLE RETIREMENT AGE FOR POLICEMEN AND FIREMEN, SPECIFIC CONTRIBUTION REQUIREMENTS (SUBSTITUTING ACTUARIALLY-SOUND • CONTRIBUTIONS) , OPTIONS TO JOIN ORIGINAL PLAN, LIMITATIONS ON INCREASED BENEFITS, AND EXCEPTION FROM REFERENDUM REQUIREMENT FOR ELIMINATION OF CITY CONTRIBUTIONS IN CERTAIN •• CIRCUMSTANCES; INCREASE: MINIMUM DISABILITY BENEFItSv AND EXPAND: . INVESTMENT AUTHORITY. • 2 . SHALL CHAPTER 18691, LAWS OF FLORIDA, SPECIAL ACTS OF 1937 , BEING ARTICLE XVI OF MIAMI BEACH CITY CODE'S RELATED LAWS, BE AMENDED TO INCREASE NUMBER OF PENSION BOARD MEMBERS FROM SEVEN TO NINE, FOUR MEMBERS TO BE APPOINTED BY CITY MANAGER, THREE MEMBERS TO BE ELECTED BY EMPLOYEES/MEMBERS OF SYSTEM, TWO RETIRED MEMBERS TO BE ELECTED BY SYSTEM'S RETIRED MEMBERS WITH ELECTION TO BE HELD UNDER PRESCRIBED RULES OF BOARD. Accordingly, attached hereto are the appropriate resolutions calling for a special election regarding the subject referendum questions. AMW/JKO/rg 17 AGENDA ITEM - - DATE -27 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139 PROPOSED RELATED LAWS AMENDMENTS FOR NOVEMBER 7, 1289 SPECIAL ELECTION RE: Pension_and_ Retirement System for Officers and Emplpyees Generally. PROPOSED TEXT Amendments 1 and 2 Article XVI. Pension and Retirement System for Officers and Employees Generally. Sec. 102. Authority to establish; cost; additional benefits; actuarial evaluations; privilege and necessity of participating; effect of separation from service; funds, ect. , not subject to legal process. The city commission eeuncil of the City of Miami Beach shall have authority to establish by ordinance a pension and retirement system for any or all groups of e-ffieers and employees in the service of said city, a e--that--the-mandate-ry - =-i- -m e ter mem eneral pen na rwt;=remen --be redueed to ag- - - . - mandatory retirement age for lifeguards-I, lifeguard 11 and lifeguard s nts-be reduced to age fifty five (55) , and for of rd lieutenants and----ea s--b- - - - - - - • and to further provide that all lifeguards be permitted to retire upon attaining the age of fifty (50) years and upon completion of twenty (2 0) years of creditable service. , ands permIssile--tee t i remen t-e€--a-n y-pe-14eeman-er- ' i member-ehe-pe3-4ee-and-€-iremenls-pens-ien-system,-- upen attaining the-age-e f fifty (50)-yea rs, and-u pen-eemplet- en-ef twenty--(40i- years-ef-ered wenyears--e€-eyed 3 tabI e-service;- and-se--as-to 4urther-prev-ide for mondatery ret--i-remerpt-fer--sa-id-pe eemen-and- - emen-upen attaining the-age-e€--siMty-five-{65)--years. Any system so established may provide for disability and death benefits. Any such pension - and retirement system shall be established on a jointly contributory basis, with employee contributions determined by ordinance and the City's contributions based on actuarially determined needs for adequate funding of the system.=.stir-the ers--and-empl-ey-easear-i-ng--ane t#i th; rds .ef- -he-ees--,-e eept .a s t© amounts--ered',wed-Tor--sena--rend -by . • an o f f i eer et-- em ee-primer-te---J nhary---1-, $-amounts--requ-i-red te- arwish-Ain4mumet-irement , ,Awaneer,-am ay . ret-krement-a-1-1--ewa-nees-and-pensions-bey-enel-the life empeet-a-ney-e the-elf ieer er-empleyee-,and--ameunts-require ay--finterest--er ee nt-r-i b u t _-en s-made-b y o f f ieers-e r---em p l-e ye es-,-the--e e s t of a l l of wh' u' eu nts-ma fie-borne-en- el . The cost of the system shall be determined actuarially on the basis of such mortality and service tables as the pension board shall approve and shall be calculated and contributed as a uniform er decreasing percentage of the payroll of members. -ine-reas-ing--pereen tage--e€--the1 = a - : . 1 , a - - - - : - _ of ei t A the--members--er-the- city--shall be esu-ab i shed. Prov ideel;- hewever, that the system-may--eenta-i here may, at the-i-eption, m a)e---g re a tem---een�- dons--th t h e eempu�s nt-r-ibut 4-ens--prev-i d ed f e r- in eons ider- t;e--whereel su Cpl a ee e v e-ad d i t-iena l ane-s r e e i a, b e ne f;ts ,,hi eh shall b f ixed nd aet nan- _ - - - . - - - . - eM e-ef-such-ept-i-en-by--a n ern e-,-no ad --een t-�ens shall b A ma y to defray the--ees i s o f any sueh-speeIal be s, exeept that the city shall contributeth" "mo ,nt neeessary--se-that-4 n t e r e s t-a t--the-same---rate-as-mares n t e r es t--on--the-eempu-1-s a en-t-r i bu t--i-e ay be paid on the vel-unto ntr- but--iens--mad e-by--the-ern ueh-s benefits. In-no---event-shall--the--req ' - a - : - - ' : . ' : - - : - : - - , EXHIBIT "A" ,� contributions---exceed ten per cent of the of the centr4biating—mi-e-imber: The provisions of the ordinances establishing such a pension and retirement system shall require periodic actuarial evaluations which shall serve as a basis of any changes in the mortality and other experience tables and shall also provide for the maintenance at all times of adequate reserves. Any ef-fieer or employee of the-eity at the-time of the-establ ihmerit hall have—fe - ' . - - - - - • - - e eagen• . e---a- --b 'nom-mem ber-e f t h e e ye - .. - - - - • - - - - �- _is ^ff-deers and Employees thereafter appointed in the classified service of the City of Miami Beach under the provisions of the Act commonly known as The Civil Service Act of the City of Miami Beach, Florida, shall be required to join the system as a condition of employment; : = 4 - = , - = - . - - Lin• - - - • - - _ ; . - • • , , �"._ �:: i1 v7 .avaa e7 .,s s fi ed Service 3' . _ - - - - - - - •• - - - -- • - • • • • Any system established under this Act shall provide that any employee permanently separating from the service of the city for any reason shall receive from the funds of the system a sum at least equal to his contribution. No funds, credits, pensions, rights or benefits herein provided for shall be assignable or subject to attachment, garnishment, execution or other legal process. (a) The system established under this Section Aet shall provide that the retirement benefits payable under the general employees pension system shall be not less than 654 75%, of final earnings on service-connected disability, nor less than 30 35%, of final average earnings on non-service-connected disability. (b) There shall be payable a service retirement allowance equal to 2 3/4% of the average monthly earnings multiplied by the number of years of creditable service not exceeding twenty-five , plus 2% of such final average monthly earnings multiplied by the number of year s of creditable sei • ice in excess of twenty-five provided that the retirement allowance sha ll not "exceed 80% o f the final average monthly earnings. (C. 18691,s 1, Sp. Acts 1937: C. 26035, s 1, Sp. Acts 1949: C. 27732 , s 1, Sp. Acts 1951; C. 30984 , s 1, Sp. Acts 1955 ; H.R. Election 6-6-67 : H. R. Election 11-5-68: H.R. Election 4-23-70. ) • Sec. 102 . 1 Managerial retirement plan. (a) A managerial retirement plan may : be established by • . ordinance; which shall supplement any other pension plan of the •. City of Miami Beach insofar as those covered under said ordinance are concerned, and nothing herein shall be constructed to in any way affect the operation or benefits of any other pension plan of the City of Miami Beach, Florida. (b) The other sections of this article . shall not be applicable to the managerial retirement plan referred to herein. (Ord. No. 86-2527, s 1. ) Sec. 103 Investment of monies All monies paid into any pension or retirement system created by this Act, except such monies as are necessary to meet current operating or pension and retirement payments, shall be invested in the following: Bonds, notes, securities or other evidences of indebtedness which are the direct obligation of the government of the United States and for which the full faith and credit of the government is pledged. Loans, insured or guaranteed as to principal and interest by the government of the United States or by any agency or instrumentality thereof, to the extent of such insurance or 26 guaranty. Bonds, notes and other securities of any state, county or incorporated city in any state of the United States or the District of Columbia, which are the direct obligation of such state, county or city and for payment of which said governmental body has the lawful authority to levy taxes or make assessments. Bonds, notes or others evidences of indebtedness which are payable from revenues of any structure or improvement owned by any state, county or incorporated city within the United States. Dividend paying stocks, common or preferred, of any corporation created and existing under the laws of the United States or of any state, provided that the amount so invested shall at no time exceed thirty-five (3 5°3- fifty _($5 0), per cent of the total funds invested. Stocks common or preferred of any corporation not created and existing inderthe laws of the United States, or of any state, shall at no time exceed 5% of the total equities. No more than 20% o f the total equity portfolio maybe_ invested in non-dividend paying stocks, which are subject to the guidelines set by Ordinance. Bonds, notes or other interest-bearing obligations of any solvent corporation organized under the laws of the United States, or any state, territory or possession of the United States. Shares or savings accounts of federal savings and loan associations, to the extent that they are insured by an agency or an instrumentality of the government of the United States. The city commission eeune41 is authorized, by ordinance, to increase the pension benefits to members of the city pension fund for off icer3 and employees of the City of Miami Beach, prevIdIng eu- . . - - : - . - - -hall be d- - =s accruing a result of p- - - = - - - : - - The+ city council ouncil 3 ha a-ve--a , , te .$41-400.00 of all - est _ , • - - - , - - _ - - : - - - . =a-id to all r nt --zh - - - - - - = - - - - e-nt o as te nrevIde • m �A empleye t i reen rtel l ,a-vesbt therein u n--e eao f creel i to A,...*: (C> 18691, s 2 , Sp. Acts 1937, H.R. Election 6-1-65; H.R. Election 5-24-66; H .R. Election 6-6-67 . ) Sec. 104 Pension board •• Any pension and retirement system established under this Section Aet shall be administered by a pension board of seven Ding members, four of whom shall be appointed by the city e manager, and tht ee members . of the System_ who shall is "be elected by employees - wt o are members of the pension. syste'in, " _and two retirees who shall be elected by the retired members of the system. Such election shall be held under such rules as the ei y coune4l Board shall prescribe. (C. 18691, s 3 , Sp. Acts 1937 . ) Sec. 105 Ordinance elections. No ordinance enacted under the provisions of this Section Aet- which etwhich makes mandatory any contributions, other than contributions by the City of Miami Beach for the purpose of paying interest on contributions made by employees, shall become effective until a majority of the qualified voters of the City of Miami Beach voting on the same at a special or general election called for such purpose shall vote in favor thereof. Said election shall be held and conducted in substantial conformity with the manner of holding and conducting other elections in the city. The form of ballot to be used at said election shall be fixed by the city commission eeunci ' of the City of Miami Beach, Florida; ed-, t.ewe ver, t h t n epted-hy-th eta- - ' = _ • _ Beach-which-e�- mina cis--Wih e--r of e • • - : - - - • -f s shall be--credited to the--aeeeun t of a member-when-the-ante-tint e-red;tea t- his--as total city-credit-shall be, of itself, with interest computed thereen-e t-tThTZae-p , 27 suf-f. e a retiremente of sig h 3 g..._.sha> > baee.. - - - - - (C. 18691, s 4 , Sp. Acts 1937 ; C. 30988, s 1, Sp. Acts 1955. ) Sec. 106 Construction of Act; separability. This Section Act and the ordinance herein provided for shall be liberally construed and if any clause and section hereof or thereof shall for any reason be held invalid, the same shall be eliminated and the remaining portions hereof and thereof shall be and remain in full force and effect as if such invalid clause, provision or section had not been incorporated herein or therein. (C> 18691, s 5, Sp. Acts 1937 . ) Sec. 107 Repeal of conflicting laws. All laws and parts of laws in conflict herewith are hereby repealed. (C. 18691, s 6, Sp. Acts 1937 . ) • . • • • 28 ORIGINAL RESOLUTION NO. 89-19683 Calling a special election to be held on November 7, 1989 for the purpose of sub- mitting to the electorate of the City of Miami Beach for their approval or dis- approval amendments to Chapter 18691, Laws of Florida, Special Acts of 1937, being Article XVI of the Related Laws of the Miami Beach City Code. . . . . . .