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RESOLUTION 89-19716 RESOLUTION NO. 89-19716 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 23414 , LAWS OF FLORIDA, SPECIAL ACTS OF 1945, BEING ARTICLE XVIII OF THE RELATED LAWS OF THE MIAMI BEACH CITY CODE, WHICH ARTICLE PROVIDES FOR A PENSION, DISABILITY AND RETIREMENT SYSTEM FOR FIREMEN AND POLICEMEN, SAID AMENDMENTS ADDING THE LIMITATIONS ON BENEFITS SET FORTH IN SECTION 415 OF THE INTERNAL REVENUE CODE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 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 November 7 , 1989 for the purpose of submitting to the electorate the questions 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 registration should 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 2 THE FOLLOWING QUESTION: AMENDMENT 4: CITY OF MIAMI BEACH PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS. SHALL CHAPTER 23414 , LAWS OF FLORIDA, SPECIAL ACTS OF 1945, AS AMENDED, APPEARING AS SECTION 121 THROUGH 150, OF THE RELATED LAWS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BE AMENDED BY ADDING THE LIMITATIONS ON BENEFITS SET FORTH IN SECTION 415 OF THE INTERNAL REVENUE CODE? 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 4 : CITY OF MIAMI BEACH PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS. SHALL CHAPTER 23414, LAWS OF FLORIDA, SPECIAL ACTS OF 1945, AS AMENDED, APPEARING AS SECTION 121 THROUGH 150, OF THE RELATED LAWS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BE AMENDED BY ADDING THE LIMITATIONS ON BENEFITS SET FORTH IN SECTION 415 OF THE INTERNAL REVENUE CODE? 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. 3 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. SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 6th day of September , 1989 . 7 / 0011r MAYOR ATTEST: Ca;vi )?) CITY CLERK FORM APPROVED: LEGAL DEPARTMENT DATE: OVW HD/mml 8/30/89 4 C CLER KS Er,," LIST OF POLLING PLACES FOR 1989 SPECIAL ELECTIONS CONGRESSIONAL 18 , SENATE 34 & HOUSE 110 JUL 24 1989 PCT. LOCATION ADDRESS By ***************************************.t************************4jt ****** ---006- CHURCH---BY---THE--S EA -05-65-$AY 008 ,_ -..._._---BA'Y-HARBOR-ELEMENTARY-SCH -------�-� -S� O O 9--SUR FrS-i-D E eOMM ---010 URI S"1-DE-COMMUN1 '-Y---CTR 301 --£aL--E-t 011 BISCAYNE ELEMENTARY 800 - 77 ST 012 NORTH SHORE ACTIVITY CTR 7275 COLLINS AV 013 NORTH SHORE ACTIVITY CTR 7275 COLLINS AV 014 NORTH SHORE PARK TEEN CTR 501 - 72 ST 015 FAIRWAY PARK 200 FAIRWAY DR --0-1$_..._.. NOR TH--BAY :V i.L-LAGE--C I-TY03 RrV �--•017,,--,— {�€ I RB---HGUSE--6913 RE 0R- 018 NORMANDY SHORES GOLF COURSE 2401 BIARRITZ DR 019 NORMANDY ISLE MUNICIPAL POOL 1765 - 71 ST 020 INDIAN CREEK FIRE STATION 6880 INDIAN CREEK DR O21 NORTH SHORE PARK TEEN CTR 501 72 ST 022 CASABLANCA HOTEL 6345 COLLINS AV 07/19/89 LG 1 EXHIBIT "A" LIST OF POLLING PLACES FOR 1989 SPECIAL ELECTIONS CONGRESSIONAL 18 , SENATE 34 & HOUSE 110 PCT. LOCATION ***** * ** ** ** ***** * * * * * * * ** ** ADDRESS 023 MIAMI BEACH FIRE STATION *3 5303 COLLINS AV 024 ST JOHN ON THE LAKE 1st UTD METH CH 4760 PINE TREE DR 025 MIAMI BEACH FIRE STATION *3 5303 COLLINS AV 4") .c ,026 TEMPLE BETH SHOLOM 4144 CHASE AV (TEMP) 027 OCEAN GRANDE HOTEL 3651 COLLINS AV 028 NORTH BEACH ELEMENTARY SCH 4100 PRAIRIE AV 029 ST PATRICK ' S SCHOOL & CHURCH 3700 MERIDIAN AV 030 BAYSHORE GOLF COURSE 2301 ALTON RD 031 DADS BOULEVARD FIRE STATION *2 2300 PINETREE DR 032 MIAMI BEACH PUBLIC LIBRARY -- AUDIT 2100 COLLINS AV '�� 033 BARCLAY PLAZA HOTEL & APARTMENT 1940 PARK AV 034 ONE HUNDRED LINCOLN ROAD APARTMENTS 100 LINCOLN ROAD 035 NI I AM 1 BEACH GARDEN CTR 2000 CONVENTION CTR DR 036 MIAMI BEACH POLICE ATHLETIC LEAGUE 999 — ) 1 ST 037 MIAMI BEACH SENIOR CENTER 610 ESPANOLA WAY (TEMP) 038 MIAMI BEACH ROD & REEL CLUB 208 SOUTH HIBISCUS DR ►, , 039 MIAMI BEACH FIRE STATION *1 1051 JEFFERSON AV (TEMP) 07/19/89 LG 2 LIST OF POLLING PLACES FOR 1989 SPECIAL ELECTIONS CONGRESSIONAL 18, SENATE 34 & HOUSE 110 PCT. LOCATION ****************************************************** ADDRESS 040 ST FRANCIS DE SALES CHURCH 621 ALTON RD 041 MIAMI BEACH FIRE STATION *1 1051 JEFFERSON AV 042 LEROY D FIENBERG ELEMENTARY SCH 1420 WASHINGTON AV 043 LA FLORA HOTEL 1238 COLLINS AV 044 • SOUTH SHORE COMMUNITY CENTER 833 - 6 ST 045 OCEAN FRONT AUDITORIUM 1 001 OCEAN DR 046 SOUTH SHORE COMMUNITY CTR 833 - 6 ST 047 ST FRANCIS DE SALES CH 621 ALTON RD 048 SOUTH POINTE PARK 1 WASHINGTON AV • ‘NIIIM67111IPPIPPF-.IillelPIP"Or S T O48 ST AGNES ACADEMY 122 �- ��� �� --� - -- 22 HARBOR DRIVE NNN 050 K Y BISCAYNE PRESBYTERIAN CH 160 HARBOR DR O51 KEY B I SC YNE ELEMENTARY 150 W MCINTIRE ST 260 GREATER NEW MACEDONIA MISS BAPT CH 3165 NW 56 ST 261 OLINDA ELEMENTARY SCH 5536 NW 21 AV 262 M I LDRED & CLAUDE PEPPER TOWER 2350 NW 54 ST 263 BROWNSVILLE IMPROVEMENT ASSOC ,_ 2741 NW 49 ST 264 KELSEY L PHARR ELEMENTARY 2000 NW 46 ST N 07/19/89 LG 3 OFFICE OF THE CITY ATTORNEY 64 IA 410:Amme (valid - AO F L O R I D A /4,15\ ARNOLD M. WEINER 'tTED " P.O. BOX 0 • ..��hMIAMI BEACH, FLORIDA 33119-202 CITY ATTORNEY '`•�H .� TELEPHONE(305)673-7470 TELECOPY (305)673-7002 77 COMMISSION MEMORANDUM NO. 4-101 - TO: Mayor Alex Daoud and DATE: September 6, 1989 Members of the City Commission FROM: Arnold M. Weiner e9/I1AJ City Attorney SUBJECT: AMENDMENT TO CITY PENSION FUND FOR FIREMEN AND POLICEMEN The Fraternal Order of Police, Firefighters Local 1510 and the City Administration have recommended several amendments to Article XVIII of the City of Miami Beach' s Related Laws, encompassing the Pension System for Disability and Retirement of Members of Police and Fire Departments, which amendments are noticed 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 two (2) referendum questions have been drafted reflecting the proposed changes: 1. SHALL CHAPTER 23414, LAWS OF FLORIDA, SPECIAL ACTS OF 1945, AS AMENDED, APPEARING AS SECTION 121 THROUGH 150, OF THE RELATED LAWS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BE AMENDED BY ADDING THE LIMITATIONS ON BENEFITS SET FORTH IN SECTION 415 OF THE INTERNAL REVENUE CODE? In order for the City Pension Fund for Firemen and Policemen in the City of Miami Beach to retain its qualified status under Internal Revenue Service regulations, this I.R.S. Section 415 Amendment on Maximum Limitations needs to be adopted. In addition, the amendment grandfathers people employed before January 1, 1990, and allows those employees to receive their full benefit under the Plan formula in effect on October 14 , 1987 . This is a no-cost item to the City. 2 . SHALL CHAPTER 23414 , LAWS OF FLORIDA SPECIAL ACTS OF 1945, AS AMENDED, APPEARING AS SECTION 122 , 123 AND 147, OF THE RELATED LAWS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BE AMENDED BY ADDING PROVISIONS FOR EMPLOYER PICK-UP OF EMPLOYEE CONTRIBUTIONS IN ACCORDANCE WITH SECTION 414 (h) OF THE INTERNAL REVENUE CODE? Government employers are permitted under IRS Code Section 414 (h) to "pick-up" the mandatory contributions required of employees covered by their Retirement System. r• 29 AGENDA ITEM DATE 1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139 By implementing the "pick-up" the employees are not currently taxed on their contributions to the retirement system and can take advantage of the tax savings. This is a no-cost item to the City. Accordingly, attached hereto are the appropriate resolutions calling for a special election regarding the subject referendum questions. AMW:HD/mml 30 PROPOSED RELATED LAWS AMENDMENTS FOR NOVEMBER 7, 1989 SPECIAL ELECTION RE: POLICE AND FIRE PENSION AMENDMENTS PROPOSED TEXT 1. Section 2 of Chapter 23414 , Laws of Florida, Special Acts of 1945 as amended, appearing as Section 122 of the Related Laws of the Code of the City of Miami Beach, Florida, is amended by adding a Subsection 9, to read as follows: Article XVIII. Pension System for Disability and Retirement of Members of Police and Fire Departments. Section 122 . Source of monies for fund; computation of liability; use generally of fund. The said pension fund shall consist of monies derived from the following sources: 1. There shall be transferred to the pension fund of this system all monies paid by the city into any other pension and retirement system of the city on account of employees of the police and fire departments who are eligible for membership in this system at the effective date of this Act and who elect to become members according to the terms of this Act. The funds so transferred, together with interest thereon to the date of transfer, shall be credited against the city' s liability for creditable service prior to the effective date of this Act of persons who become members of the system created hereby. 2 . During the period extending from the commencement of the operation of the system under this Act to and including the 30th day of September, 1947 , the city shall levy and collect annually, in the manner provided by law, upon all taxable property within said city, one mill on the assessed value thereof, and the taxes so levied and collected shall be paid into the fund created by this Act and credited against the city' s liability for creditable service prior to the effective date of this Act of persons who become members of the system created hereby. 3 . After September 30th, 1947, the city shall pay into the fund of the system created by this Act, in annual payments, such amount as will, together with monies transferred under the provisions of paragraph 1 of this section, and the proceeds of the annual levy provided for in paragraph 2 of this section, amortize the city' s liability for creditable service prior to the effective date of this act of persons who become members of the system created hereby, at a uniform rate over a period of thirty years, together with three per cent interest on the unpaid balances of such prior service liability. After October 1, 1949, the city shall, in addition to the above, pay into the fund of the system created by this Act, in annual payments such amount as will amortize the added prior service liability incurred through the 1 optional benefits provided for in sections 7 1/2 , 8 1/2 and 9 1/2 (f.n. 8) , at a uniform rate over a period of twenty years, together with three per cent per annum interest on unpaid balances of such added prior service liability. After October 1, 1953 , the city shall, in addition to the above, pay into the fund of this system created by this Act, in equal annual payments, such amount as will amortize the added prior service liability incurred through the benefits provided for in section 7 1/2B, (f.n. 8a) interest being computed at the rate of three per cent per annum. After October 1, 1951, the city shall, in addition to the above, pay into said fund, in annual payments, such amount as is actuarially determined to be necessary to amortize the added prior service incurred through the optional privileges provided for in section 18 (f.n. 9) hereof at a uniform rate over a period of twenty-six years, together with three per cent per annum interest on the unpaid balances of such added prior service liability. After October 1, 1951, the city shall also pay into said fund such an amount as is actuarially determined to be necessary to provide for the refund, to those members who after said date become entitled to refunds under the terms of section 23 (f.n. 1) hereof, of the contributions made by such members prior to October 1, 1951, and shall, after said October 1st, 1951, pay into said fund, in annual payments, such amount as is actuarially determined to be necessary to provide for similar refunds under the terms of section 23 (f.n. 2) hereof contributions made subsequent to September 30, 1951. At such time as hereinafter designated, the city shall, in lieu of any other annual prior service payments hereinabove set forth, pay unto such fund, in annual payments, such amount as is actuarially determined to be necessary to amortize the unfunded prior service liability for all benefits provided for under this plan, at a uniform rate over a period of thirty (3 0) years provided, however, such annual payments shall not commence until the pension benefits pursuant to terms of Section 7 1/2C or section 7 1/2D (f.n. 2a) hereof become effective. At such time as hereinafter designated, the city shall, in addition to any other annual prior service payments hereinabove set forth, pay into such fund, in annual payments, such amount as is actuarially determined to be necessary to amortize the added unfunded prior service liability for all additional benefits provided for under this plan, at a uniform rate over a period of thirty (3 0) years. 4 . At the end of each City of Miami Beach fiscal year the city shall pay into the funds of the system created by this Act such amount as is determined to be required in this section, in addition to the personal contributions of the members, to fully amortize the liability for pensions incurred during said fiscal year computed on the basis of three per cent interest compounded annually; provided, however, at such time as 8 See Section 128, 130 and 132 of the Related Laws. 8a See Section 128 of the Related Laws. 9 See Section 142 of the Related Laws. 1 See Section 147 of the Related Laws. 2 See Section 147 of the Related Laws. 2a See Section 128 of the Related Laws. 2 /V t the provisions of section 7 1/2C or section 7 1/2D (f.n. 2b) hereof become effective, the city shall thereafter pay into the funds of the system at the end of each fiscal year such amount as is actuarially determined to be required in this section, in addition to the personal contribution of the members, to fully amortize the liability for pensions incurred during said fiscal year, computed on an interest rate as determined from time to time by the board of trustees. At such time as the provisions of section 7 1/2E, section 7 1/2F and section 18A (f.n. 2c) hereof become effective, the city shall thereafter pay into the funds of the system at the end of each fiscal year such amount as is actuarially determined to be required under this plan, in addition to the personal contribution of the members, to fully amortize the liability for pensions incurred during the fiscal year. At such time as the provisions of sections 7 1/2H and 9 3/4H (f.n. 2d) hereof become effective, the city shall thereafter pay into the funds of the system at the end of each fiscal year such amount as is actuarially determined to be required under this plan, in addition to the personal contributions of the members, to fully amortize the liability for pensions incurred during the fiscal year, computed on an interest rate as determined from time to time by the Board of Trustees. At such time as the provisions of Section 7 1/2J and 7 1/2K hereof become effective, the City shall thereafter pay into the funds of the system at the end of each fiscal year such amount as is actuarially determined to be required under this plan, in addition to the personal contributions of members, to fully amortize the liability for pensions incurred during said fiscal year, computed on an interest rate as determined from time to time by the Board of Trustees. 5. At the end of each City of Miami Beach fiscal year after September 30th, 1947, the city shall pay into the funds of the system created by this Act such amounts as may be required in addition to investment return, to provide interest at three per cent per annum on the funds of the system; provided, that should the investment returns in any fiscal year exceed three per cent, any excess over three per cent shall be used to reduce the city' s contributions; provided, however, at such time as the provisions of section 7 1/2D or section 7 1/2E and section 18A (f.n. 2d) hereof become effective, and subject to the provisions of section 7 1/2F (f.n. 2e) hereof, then any excess of investment return on the funds of the system over the interest rate then determined by the board as provided in subsection 4 hereof shall be used to reduce the city' s contribution. 2b See Section 128 of the Related Laws. 2c See Sections 128 and 142 of the Related Laws. 2d See Section 133 of the Related Laws. 2e See Section 128 of the Related Laws. 3 See Sections 128, 130 and 132 of the Related Laws. 3 6. During the period extending from the commencement of the operation of the system created by this Act to and including September 30, 1947, each member of this system shall, by payroll deductions, contribute to the funds of said system two per cent of the salary or wages of such member, and thereafter, each of said members shall contribute by payroll deductions to said system, four per cent of the salary or wages of such member. Beginning with October 1, 1949, for those members who elect, under supplemental contract, to receive optional benefits provided hereafter in sections 7 1/2A, 8 1/2 and 9 1/2 , (f.n. 3) the rate of contribution of each such member shall be five per cent. Those members who elect under supplemental contract, prior to October 1, 1953 , shall waive all other benefits and in lieu thereof shall be entitled to receive the benefits of this system including the benefits provided hereafter in section 7 1/2B, 7 1/2C, 7 1/2D, 8 1/2 and 9 3/4, (f.n. 3a) under the terms, conditions and restrictions prescribed in sections 7 , 8 and 9 . (f.n. 3b) Those employees who become members after October 1, 1953 , shall contribute six (6%) per cent of the salary or wages of such member, and shall be entitled to receive the benefits of this system, including the benefits provided in sections 7 1/2B, 7 1/2C, 7 1/2D, 8 1/2 and 9 3/4 , (f.n. 3c) under the terms, conditions and restrictions prescribed in sections 7, 8 and 9 . (f.n. 3d) All computations of liability in connection with the system created hereby shall be based on such tables and rates approved by the board of trustees. The board shall designate an actuary for the system who shall recommend such tables and rates for adoption by the board. The actuary designated by the board, on the basis of such tables and rates, shall determine the amounts required to be paid into the system by the city, as provided for in section 2 (f.n. 3e) hereof. There shall be a complete actuarial evaluation prepared by the actuary at least every three years, and the city shall make such adjustments in its contributions as shall be shown to be required by such actuarial evaluation. The money required to meet all the obligations of this pension plan over and above the personal contributions forthcoming from the members, is hereby declared to be the liability and obligation of the City of Miami Beach. Therefore, the city council of the City of Miami Beach shall levy annually, in the manner provided by law, upon all taxable property within said city, such millage on the assessed valuation thereof as is necessary to produce the amounts required hereby to be contributed by said city to this system. Nothing in this Act contained shall be construed to prevent the city administration from appropriating monies from the general fund or from any special funds of the city, for the purpose of creating or adding to the pension fund created by this Act, and the city shall have the right to appropriate monies from the general fund or 3a See Sections 128, 130 and 133 of the Related Laws. 3b See Sections 127, 129 and 131 of the Related Laws. 3c See Sections 128, 130 and 133 of the Related Laws. 3d See Sections 127, 129 and 131 of the Related Laws. 3e See Section 122 of the Related Laws. . 91/'(9 4 any special fund of the city in addition to a millage. And furthermore, the city shall have the right and power to designate other sources of revenue for the pension fund created by this Act, including the designating of certain fines and forfeitures for violation of the city ordinances to be paid to this fund instead of the general revenue of said city. No monies raised by taxation or otherwise provided for said pension fund shall be used other than for the purpose of this Act. At such time as the provisions of sections 7 1/2G, 8 3/4B and 9 3/4G (f.n. 3f) hereof become effective, the city shall thereafter pay into the funds of the system at the end of each fiscal year such amount as is actuarially determined to be required under this plan, in addition to the personal contributions of the members, to fully amortize the liability for pensions incurred during the fiscal year, computed on an interest rate as determined from time to time by the board of trustees. 7 . An employee who becomes a member after December 1, 1971 shall contribute eight per cent of the salary or wages of such member, and shall be entitled to receive the benefits of the system, including the benefits provided in sections 7 1/2H, 8 3/4B and 9 3/4H (f.n. 3g) . Any employee who became a member of the system on or before December 1, 1971 and was contributing at the rate of six per cent of his annual salary or wages may elect to contribute, commencing December 1, 1971, eight per cent of the salary or wages of such member, and shall be entitled to receive the benefits of the system, including the benefits provided in sections 7 1/2H, 8 3/4B and 9 3/4H; (f.n. 3h) provided, that said member makes such election in writing not later than December 31, 1971, otherwise he shall be deemed to have elected irrevocably not to increase his contributions to the system, he shall contribute at the same rate as prior to December 1, 1971 and he shall be entitled to the benefits of the system applicable to him prior to December 1971. 8 . An employee who was hired by the city on or after July 1, 1976 and who becomes a member on or after July 1, 1976 shall contribute six percent of the salary or wages of such member, and shall be entitled to receive the benefits of the System, including the benefits provided in Sections 7 1/21, 8 3/4C and 9 3/4I (f.n. 3i) . Salary or wages for this purpose shall consist of base pay and longevity pay, but shall not include any payment of overtime, shift differential or extra compensation allowance such as uniform allowance. Section 9 . Effective upon certification and acceptance of the results by the City Commission, the City shall, solely for the purpose of compliance with 3f See Sections 128, 130.1 and 133 of the Related Laws. 3g See Sections 128, 130.1 and 133 of the Related Laws. 3h See Sections 128, 130.1 and 133 of the Related Laws. 3i See Sections 128, 130.1 and 133 of the Related Laws. NOTE: EXISTING SUBSECTION 9. OF SECTION 122 WAS MISPLACED AND IS NOW LOCATED IN THE LAST PARAGRAPH OF SUBSECTION 4. AND BEFORE SUBSECTION 5. 5 Section 414 (h) of the Internal Revenue Code, pick up the member contributions required to be made under this Act by employees on salary or wages paid to begin with the payroll period beginning on November 19 , 1989 , and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. 2 . Section 3 of Chapter 23414 , Laws of Florida, Special Acts of 1945, as amended, appearing as Section 123 of the Related Laws of the Code of the City of Miami Beach, Florida, is amended by adding a Subsection D, to read as follows: Article XVIII. Pension System for Disability and Retirement of Members of Police and Fire Departments. Section 123. Definitions. (a) The term "employee" when used in this Act shall mean any regular member of the police department or fire department who has attained regular civil service status in such departments under the official classifications of positions in the classified service of the City of Miami Beach, Florida, having a rank in such department other than civilian rank and other than the classification of school guard. The chiefs of the police and fire departments shall be considered employees for the purposes of this Act. (b) The terms "firemen" and "policemen" , when used in this Act shall be synonymous with the term "employee" as defined above. (c) The term "widow" shall mean the lawfully wedded wife of a member of the fire or police departments living with the member at the time of his death. (d) For the purpose of determining member contributions under this System, the term "salary or wages" shall mean salary or wages before reduction for the picked-up member contributions and before reduction for any amounts contributed in accordance with Section 125 or 457 of the Internal Revenue Code. 3 . Section 23 of Chapter 23414 , Laws of Florida, Special Acts of 1945, as amended, appearing as Section 147 of the Related Laws of the Code of the City of Miami Beach, Florida, is amended by adding a paragraph at the end thereof to read as follows: Article XVIII. Pension System for Disability and Retirement of Members of Police and Fire Departments. Section 147 . Separation from service. Whenever any member in the service of either the fire or police department shall sever his connection with such department either 6 voluntarily or by lawful discharge, or by death not attributed to his active duties prior to the completion of five (5) years of membership in the department, or by death in active service after the completion of five (5) years of membership in the department leaving no widow or children surviving him entitled to pension benefits under this act, such member, or his estate shall be entitled to the return of all the monies he has contributed into this system, together with accumulated interest on said sum, at the rate of three (3) per cent per annum, computed until date of payment to said member, or his estate unless in the event of discharge or voluntary severance such member has at that time qualified under the terms of this act for a pension as herein provided for; except that any member of this system who separates from active service with the fire or police departments to accept an appointment to any office in the unclassified service of the city shall continue to have all the rights, privileges and responsibilities of this system; provided, however, that any member of this system who separates from active service with the fire or police departments to accept an appointment to any office in the classified service of the city shall immediately become a member of the City of Miami Beach Employees Retirement System and shall receive creditable service under that system for service which is creditable hereunder. Upon becoming a member of said system, the trustees shall transfer from the funds of this system to the City of Miami Beach Employees Retirement System an amount equal to the accumulated amount of the member' s contributions under this system plus the accumulated amount of twelve per cent of the member' s earnings during each year from January 1, 1950 to the date of transfer together with interest at the rate of three per cent per annum from the year in which such earnings were received, plus for members whose creditable service began prior to January 1, 1950, an amount equal to ten per cent of the member' s earnings in each year from July 1, 1948 to January 1, 1950, together with interest thereon at the rate of three per cent per annum from the date received to the date of transfer, plus if the member has creditable service prior to July 1, 1948, an amount equal to fifteen per cent of his earnings during each year from July 1, 1945 to July 1 1948, together with interest thereon at the rate of three per cent per annum from the date received to the date of transfer, plus if the member has creditable service prior to July 1, 1945, an amount equal to fifteen per cent of his average annual earnings from 7 CO" January 1, 1939 to January 1, 1945, for each year of credited service prior to July 1, 1945, together with interest at the rate of three per cent per annum from the date received to the date of transfer, and, in addition, an amount equal to ten per cent of the three preceding amounts together with ten per cent of the accumulated amount of any member contributions made prior to January 1, 1950. For purposes of this Section, monies a member has contributed shall include picked-up member contributions together with interest thereon. 4 . Chapter 23414, Laws of Florida, Special Acts of 1945, as amended, is amended by adding a Section 30, appearing as Section 151 of the Related Laws of the Code of the City of Miami Beach, Florida, to read as follows: Article XVIII. Section 151. Limitations on Benefits (A) Notwithstanding any other provision of the System hereinabove to the contrary, the maximum annual pension payable under the System shall be equal to the lesser of (1) $90, 000 multiplied by the applicable "Adjustment Factor" as hereinafter defined (such adjusted amount to be known as the "Dollar Limitation") , or (2) the member' s average annual Remuneration during the three consecutive calendar years in his membership in the System affording the highest such average, or during all of his years of membership if less than three (3) years (to be known as the "Remuneration Limitation") . (B) 1. If a member' s pension commences before the member' s attainment of age sixty- two (62) , the Dollar Limitation shall be adjusted so that it is the actuarial equivalent of an annual benefit of $90, 000, multiplied by the applicable Adjustment Factor, beginning upon the member' s attainment of age sixty-two (62) . For purposes of this Section, actuarial equivalence shall be determined on the basis of the 1979 George B. Buck Mortality Table - Men and an interest rate assumption of five (5%) per cent compounded annually. The reduction under this Subsection (B) shall not reduce the Dollar Limitation below (a) $75, 000 if a member' s pension begins at or after his attainment of age fifty-five (55) , or (b) if his pension begins before his attainment of age fifty-five (55) , the actuarial equivalent of the $75, 000 limitation for age fifty-five (55) . 8 2 . If a member of the System has accrued at least fifteen (15) years of creditable service as a full-time employee of the Police Department or Fire Department (or such lesser number of years as may be required under Section 415 (b) (2) (H) of the Internal Revenue Code, as amended from time to time) , then the Dollar Limitation applicable in the case of a member whose •ension be•ins before his attainment of age fifty-five (5 5) , determined in accordance with paragraph 1 above, shall never be less than $50, 000 multiplied by the applicable Adjustment Factor. For purposes of meeting the service requirement in the preceding sentence, a member' s service as a member of the Armed Forces of the United States shall count as well . 3 . If a member' s pension commences after the member' s attainment of age sixty-five (6 5) , the Dollar Limitation shall be adjusted so that it is the actuarial equivalent of a benefit of $90, 000 beginning at age sixty-five (65) , multiplied by the applicable Adjustment Factor. (C) 1. If a member has completed less than ten years of membership in the System, the member' s accrued pension shall not exceed the Dollar Limitation as adjusted by multiplying such amount by a fraction, the numerator of which is the member' s number of years (or part thereof) of membership in the System, and the denominator of which is ten. 2 . If a member has completed less than ten years of creditable service with the System, the Remuneration Limitation shall be adjusted by multiplying such amount by a fraction, the numerator of which is the member' s number of years of creditable service (or part thereof) , and the denominator of which is ten. 3 . In no event shall Subsections (C) 1 and (C) 2 reduce the limitations provided under Section 415 (b) (1) of the Internal Revenue Code to an amount less than one-tenth of the applicable limitation (as determined without regard to this Subsection (C) ) . 4 . To the extent provided by the Secretary of the Treasury, Subsection (C) 1 shall be applied separately with respect to each change in the benefit structure of the plan. (D) Notwithstanding anything to the contrary, the limitation of Subsection (A) , as modified 9 Cli vL by Subsections (B) and (C) , with respect to a member who first became a member of the System prior to January 1, 1990, shall not be less than the member' s accrued pension under the System at the time of pension commencement (determined without regard to any amendment to the System made after October 14, 1987) . (E) In any case where a member of the System is also a member of one or more qualified defined contribution plans sponsored by the City, the sum of the "defined benefit plan fraction" (as defined in Section 415 (e) (2) of the Internal Revenue Code) and the "defined contribution plan fraction" (as defined in Section 415 (e) (3) of said Code) shall not exceed 1. 0. Reduction of contributions to or benefits from all systems, where required, shall be accomplished by first reducing benefits under this System, and then reducing contributions and benefits under such other systems. (F) For purposes of this Section 30*, the following definitions shall apply: 1. "Adjustment Factor" shall mean the cost of living adjustment factor prescribed by the Secretary of the Treasury under Section 415 (d) of the Internal Revenue Code for years beginning on and after January 1, 1988, applied to such items and in such manner as the Secretary shall prescribe. 2 . "Remuneration" with respect to any member shall mean the wages, salaries and other amounts paid in respect of such member by the City for personal services actually rendered, determined after any pre-tax contributions under a "cafeteria plan" (as defined under Section 125 of the Internal Revenue Code and its applicable regulations) , or after any pre- tax contributions under a "deferred compensation plan" (as defined under Section 457 of the Internal Revenue Code and its application regulations) ; and shall include, but not by way of limitation, bonuses, overtime payments and commissions; and shall exclude deferred compensation, stock options and other distributions which receive special tax benefits under said Code. " (NOTE: Section 151 of the Related Laws of the Code of the City of Miami Beach, Florida was repealed by Ord. 87-2570 and was reserved as blank within Article XIX. This amendment will remove Section 151 from Article XIX and include Section 151 within Article XVIII. ) * See Section 151 of the Related Laws. 10 C/tky4 ORIGINAL RESOLUTION NO. 59-19716 Calling for a special election to be held :F on November 7, 1989 for the purpose of sub- mitting to the electorate of the City of Miami Beach for their approval or disap- proval amendments to Chapter 23414, Laws of Florida, Special Acts of 1945, being Article XVIII of the Related Laws of the Miami Beach City Code, which Article pro- vides for a persion, disability and retire- ment system for Firemen and Policemen, said amendments adding the limitations on benefits set forth in Section 415 of the Internal Revenue Code.