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93-2837 Ordinance ORDINANCE NO. 93-2837 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE DEFINED CONTRIBUTION RETIREMENT PLAN UNDER SECTION 401(A) OF THE INTERNAL REVENUE CODE OF 1986, BY PROVIDING FORA FIXED PERCENTAGE TO BE CONTRIBUTED BY ALL EMPLOYEES AND THE CITY IN THE PLAN; PROVIDING FOR SEVERABILITY, A REPEALER AND AN EFFECTIVE DATE. Whereas, the City Commission of the City of Miami Beach,. Florida, established a defined contribution retirement plan for its unclassified employees as an optional plan to the Unclassified Employees and Elected Officials Retirement System; and Whereas, the benefits to the employee and the obligation of the City must be established for the proper maintenance of the plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1 That Article 4.01 of the Plan be amended as follows: ARTICLE 4. Contributions 4.01 Upon employment, or III the case of employees transferring membership under section 3.02 above, upon transfer, the employee shall have the irrevocable option to select the level of contribution which shall be withheld from his compensation and deposited into his account. Such contributions may be within the range ef-eBi'Hii!:mtio;Is--ffeffi a lTlinirr..u:n of ~i'/e percent (5%) of the employees annual earnings to a maximum of fifteen percent (15%) of the employees annual earnings. Once an employee selects the le';el of his contribution to the System, that le',el of contribution may be amended annually on a date established by the Board of Trustees.contribute ten percent (10%) of their earnings into their account. Section 2 That Section 4.02 of the Plan be amended as follows: 4.02 The City shall contribute into the account of the employee an amount equal to the employee contribution... to a maximum contribution of ten percent (10%) of the employee's earnings. Section 3 Repealer All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4 Severability If any article, section, subsection, clause or provision of this ordinance is held invalid, the remainder shall not be effected by such invalidity. This Ordinance shall become effective on the 27th day Section 5 Effective Date of March , 1993. Passed and Adopted this 1 7 t h day of F RM APPROVED LEGAL DEPT. Attest: ~_AJ, ~.~~ City Clerk 1st reading 3/3/93 2nd reading 3/17/93 T<'9 Date ;J - 2. G -'1 ~~ CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (_) .73-7010 FAX: (_) .73-7712 COMMISSION MEMORANDUM 137-93 March 3, 1993 To: Seymour Gelber, Mayor and Memben of the City Commission From: Roger M. Carl~ . n J . City Manager ~ Subject: Amendments to the 401A Defined Contribution Plan Administrative Recommendation The Admini~tration Recommends that the City Commission hold a public hearing and approve the proposed amendments to the Defined Contribution Pension Plan Ordinance on second re-tling e..t"~vnund When the Administration brouaht forth the Ordinance on the creation of a defined contribution pension plan as an alternate to the defined benefit pension plan as amended for unclassified employees, an option on the contribution levels that the employee could elect to contribute wu included. In the process of implementing this program for our employees, it has been determined that by allowina employees the option on the amount of their contributions a 401K plan has been created. Analysis In the tax law chan&es in 1986 any local government that had a 401K type plan was allowed to continue such a plan. However, DO additional 401K type plans were to be allowed to be created by local governments. The 40lA plan is an alternative to the 401K which is acceptable under the Tax Code but a set contribution must be mandated to the employees in the plan. The amendments proposed will modify the existing Ordinance the mandate a ten percent (10%) contribution by the employee which makes the plan a 401A instea1 of a 4GIK. Conclusion The amendments proposed are necessary for the implementation of the Defined Contribution Pension Plan under the Tax Code and approval of the amendments is requested. .12 AGEN~ :, & I rEM -- DATE 3-/7-'1.3