Ordinance 1901ORDINANCE NO. 1901
AN ORDINANCE PROVIDING FOR THE CREATION
AND MAINTENANCE OF A RETIREMENT SYSTEM
FOR GENERAL EMPLOYEES OF THE CITY OF
MIAMI BEACH, FLORIDA.
Index
ARTICLE 1. Creation and Purpose of System
ARTICLE 2. Definitions
ARTICLE 3. Membership
ARTICLE 4. Creditable Service
ARTICLE 5. Benefits
Page
1
1
3
3
5.01 Normal Service Retirement Allowance 4
5.02 Early Service Retirement Allowance 5
5.03 Vested Retirement Allowance 6
5.04 Disability Retirement Allowance 6
5.05 Active Service Death Benefits 8
5.06 Death Benefits after Retirement 9
5.07 Optional Benefits 10
5.08 Refund of Accumulated Contributions 11
5.09 Post Retirement Adjustments 12
5.10 Special Guarantee 12
5.11 Return to Active Service 12
ARTICLE 6. Financing
6.01 Assets of Predecessor System 13
6.02 Contributions by Members 14
6.03 Contributions by City
ARTICLE 7. Board of Trustees
ARTICLE 8. Investments
ARTICLE 9. Administration
14
17
9.01 Personnel Director 18
9.02 Chief Finance Officer 18
9.03 City Attorney
ARTICLE 10. General 19
ORDINANCE NO. 1901
AN ORDINANCE PROVIDING FOR THE CREATION
AND MAINTENANCE OF A RETIREMENT SYSTEM
FOR GENERAL EMPLOYEES OF THE CITY OF
MIAMI BEACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
ARTICLE 1. Creation and Purpose of System
1.01 A retirement system is hereby created under and by
authority of Chapter 18691, Laws of Florida, Acts of 1937.
This system shall be known as the "RETIREMENT SYSTEM FOR GENERAL
EMPLOYEES OF THE CITY OF MIAMI BEACH", and shall be hereinafter
referred to as the "System" or the "Retirement System".
1.02 The purpose of the Retirement System is to provide
retirement and other related benefits for eligible
employees of the City and their beneficiaries or dependents.
ARTICLE 2. Definitions
For purposes of the Retirement System, certain words and
phrases shall have the meanings ascribed to them in this article
except when the context otherwise requires. The masculine pronoun,
wherever used, shall include the feminine.
2.01 "City" or "Employer" means the City of Miami Beach, Florida.
2.02 "City Council" or "Council" means the City Council of the
City of Miami Beach, Florida.
2.03 "Board of Trustees" or "Board" means the managing board of
the System, as provided for in Article 7.
2.04 "Employee" means any person employed by the City on a
regular basis, who is receiving compensation from the City
for personal services, and who is within a group or classification
of employees designated by the Board of Trustees as eligible for
membership in the System, but in any event exclusive of members
of the City Council and also exclusive of the following groups
and classifications:
(a) Persons whose services are compensated on a
contractual basis.
(b) Persons employed on a provisional, original probationary
or other temporary basis.
(c) Members of boards or commissions, officers, or employees
receiving no salary or a nominal salary on a fee basis.
(d) Persons whose employment by the City commenced on or
after January 28, 1970, and after having attained age 55.
(e) Members of the City Pension Fund for Firemen and
Policemen in the City of Miami Beach.
(f) Persons whose regular employment with the City is
for less than thirty (30) hours per week.
2.05 "Member" means any Employee included in the membership of
the System, as provided in Article 3. A Member who retires
shall be deemed a retired member or a retirant.
2.06 "Creditable Service" means service credited to a Member
under the System, as provided in Article 4.
2.07 "Accumulated Employee Contributions" means the required
contributions paid by any Member as provided in Section 6.02
or credited to the Member pursuant to Section 6.01(b), together
with any interest allowed thereon under this System until such time
as the Employee's service with the City is terminated at the rate,
compounded annually, as determined by the Board from time to time.
2.08 "Earnings" means the actual amount of salary or wages
received by a Member for personal services rendered as an
Employee.
2.09 "Final Average Monthly Earnings" means one -twelfth of the
average annual earnings of a Member during the two highest
paid years of his creditable service.
2.10 "Beneficiary" means the surviving person or persons
designated as such by a Member or Retirant in the last
written designation on file with the Board in accordance with
Section 5.08(g); in the absence of such survivor or such designation,
it means the estate of the deceased Member or Retirant, as the
case may be.
2.11 "Regular interest" means interest at the rate or rates
determined by the Board of Trustees as provided in Section 7.06(d).
2.12 "Actuarial Equivalent" means equivalent when computed at
regular interest on the basis of the mortality tables last
adopted by the Board of Trustees.
2.13 "Retirant" means a person in receipt of retirement allowance
payments under the System on the basis of his service as
an Employee.
2.14 "Retirement allowance" means monthly payments under the System
to a Retirant during his lifetime; monthly payments shall be
due as of the first day of each calendar month and shall cease after
the payment as of the first day of the month in which the Retirant's
death occurs.
2.15 "Pensioner" means the dependent beneficiary of a Member or
Retirant in receipt of a pension under the System as the
result of the death of said Member or Retirant.
2.16 "Pension" means the monthly amount payable to a Pensioner
under the System; the pension shall be due as of the first
day of the calendar month next following the death of the Member or
Retirant and shall cease after the payment due on the first day of
the month in which the Pensioner ceases to be entitled thereto
according to the provisions of this Ordinance.
2.17 "Physical Examiners" mean the physicians provided for in
Section 7.06 (j) .
-2-
2.18 "Predecessor system" means the Retirement System governed by
Ordinance No. 845 as in effect prior to the adoption of
this Ordinance.
ARTICLE 3. Membership
3.01 Every person who on the effective date of this Ordinance was
a Retirant or Pensioner under the predecessor system shall
automatically become on such date a Retirant or Pensioner, as the
case may be, under this System, and shall continue to receive under
this System the benefits paid under the predecessor system. Every
person who on the effective date of this Ordinance was a participant
under the predecessor system shall automatically become on such
date a Member of this Retirement System. Any written designation
of beneficiary or dependent beneficiary in effect under the
predecessor system on the effective date of this Ordinance shall
continue to be in effect under this System unless subsequently
changed or revoked by the Member or Retirant in writing in accordance
with the provisions of this Ordinance.
3.02 Any person who becomes an Employee, as herein defined, on
or after the effective date of this Ordinance shall be a
Member of the System as a condition of his employment as of the
date he becomes an Employee.
3.03 Any person in the employ of the City on the effective date
of this Ordinance who became an Employee as herein defined
prior thereto but was not, as of such date, a participant of the
predecessor system established by Ordinance No. 845 because of
exclusions of certain groups from membership under the provisions
of said Ordinance shall become a Member of the System on the
effective date of this Ordinance.
3.04 An Employee shall cease to be a Member if he dies, retires,
or ceases to be an employee for any other reason.
ARTICLE 4. Creditable Service
4.01 Each Employee who becomes a Member of the System on the
effective date of this Ordinance shall be credited under
this System with creditable service to which he was credited as
of such date under the predecessor system. Each Member of the
System shall be credited with service rendered after the effective
date of this Ordinance with respect to which he has made contributions
to the System in accordance with Article 6. The creditable service
of a Member shall not include service rendered prior to the date
as of which he elected to receive his Accumulated Employee Contri-
butions in accordance with Section 5.08(a).
4.02 An Employee who becomes a Member as of the effective date
of this Ordinance pursuant to Section 3.03 may, at his own
option, elect to acquire additional creditable service in respect
of his continuous service in the employ of the City for which he
received compensation and which was rendered immediately prior to
the effective date of this Ordinance; provided that, in order to
acquire such additional creditable service, such a Member must pay
into the System, within the first year of his membership, contri-
butions at the rate of six per centum (6%) of his compensation for
the period immediately prior to the effective date of this Ordinance
for which credit is acquired with interest at the rate per annum,
compounded annually, being allowed on contributions of Members at
the time such election is made; and further provided that, if less
than all such years of his service is claimed as creditable service,
only the part of such service rendered immediately prior to the
effective date of this Ordinance shall be claimed. Any Employee
who becomes a Member of the System after the effective date of this
Ordinance may, at his own option, elect to acquire additional
creditable service in respect of the period of his continuous
service in the employ of the City as a provisional or probationary
employee for which he received compensation and which was rendered
immediately prior to the date he became a Member; provided that,
to acquire such additional creditable service, such Member must pay
to the System, within his first year of membership, the contributions
at the rate of six per centum (6%), without interest, that would
have been payable by him had he been a Member during such period.
4.03 Each Member shall be entitled to acquire additional creditable
service for his period or periods of service with the Armed Forces
of the United States while on leave of absence granted by the City
for such military service by making the contributions that he would
have been required to pay on the basis of his salary in effect at
the beginning of such period if he had not been on a leave of absence
with interest at the rate per annum, compounded annually, being
allowed on contributions of Members at the time such election is
made, subject to such conditions and limitations as are required by
law or established by the Board under rules uniformly applicable to
all persons similarly situated.
ARTICLE 5. Benefits
5.01 Normal Service Retirement Allowance
(a) The normal retirement date of a Member shall be the
first day of the calendar month coincident with or next following
the date as of which he first meets any one of the following
combinations of attained age and years of creditable service.
YEARS OF
ATTAINED CREDITABLE
AGE SERVICE
55 20
56 17
57 14
58 11
59 8
60 5
Any Member may retire on a normal service retirement
allowance upon the termination of his employment on or after his
normal retirement date.
Any Member, other than a person elected or appointed by
the City Council, shall be retired automatically no later than the
first day of the month next following the attainment of age 65;
provided that, upon recommendation of the department head, and
approval of the City Manager in exceptional cases, and for substantial
reasons, such retirement may be deferred by the Board for periods
not to exceed one year at any one time, but not beyond the 75th
anniversary of the Member's birth; and provided further, that any
Member, so deferred, shall each year submit to, and satisfactorily
pass, a physical examination by the City Physician. After any such
Member is retired by the Board, he shall have no right of appeal
from the decision of the Board.
-4-
(b) Notwithstanding the provisions of Paragraph (a) of
this Section 5.01, any lifeguard in the Beach Patrol and any
policeman or fireman who is a Member of this System, not being a
member of the City Pension Fund for Policemen and Firemen, may
also retire on a normal service retirement allowance, on the
first day of the calendar month coincident with or next following
the date as of which he completed twenty (20) years of creditable
service or attained fifty (50) years of age, whichever is later.
Any such Member shall be retired automatically no later than the
first day of the month following the attainment of:
Age 55, in the case of Lifeguards I and Lifeguards II;
Age 60, in the case of Lifeguard Lieutenants and
Lifeguard Captains; and
Age 65, in the case of policemen and firemen.
(c) The normal service retirement allowance payable upon
the retirement of a Member on or after his normal retirement date
shall, if such retirement occurs on or after July 1, 1969, be
equal to two and three-quarters per centum (2-3/4%) of his final
average monthly earnings multiplied by the number of his years of
creditable service not in excess of twenty-five (25) plus two per
centum (2%) of such final average monthly earnings multiplied by
the number of his years of creditable service in excess of twenty-
five (25), provided that such allowance shall not exceed eighty
per centum (80%) of his final average monthly earnings.
(d) If the Accumulated Employee Contributions credited to a
Member are less than the amount of such contributions which would
have been credited to him if he had contributed at the rate of six
per centum (6%) of his earnings from the time he became a Member
under the predecessor system governed by the provisions of
Ordinance No. 845, the amount computed as a normal service
retirement allowance in accordance with Paragraph (c) of this
Section 5.01 shall be reduced by an amount which is the actuarial
equivalent of the lump sum amount required to be added to his
Accumulated Employee Contributions to bring such contributions to
the level which he would have obtained by contributions at the rate
of six per centum (6%) of his earnings from the date of his
membership under the predecessor system governed by Ordinance
No. 845.
5.02 Early Service Retirement Allowance
(a) Any Member may retire prior to his normal retirement
date on an early service retirement allowance on the first day of
the calendar month next following receipt of written application
therefor by the Board, provided that, at the time of such retirement,
he has attained fifty (50) years of age and the sum of his attained
age (last birthday) and the number of his full years of creditable
service is not less than seventy-five (75).
(b) The early service retirement allowance shall be an
immediate allowance commencing as of the date of the Member's
retirement and shall be the actuarial equivalent of a deferred
allowance commencing on the first day of the calendar month
coincident with or next following the date as of which he attains
age 55 and computed in accordance with Section 5.01 on the basis
of the Member's final average monthly earnings and creditable
service as of the date of his retirement, including the adjustment,
if any, required in accordance with Paragraph (d) of Section 5.01.
-5-
5.03 Vested Retirement Allowance
(a) Any Member whose service with the City is terminated,
voluntarily or involuntarily, prior to the date as of which he
would first become eligible for retirement on a normal or early
service retirement allowance but after having completed at least
ten (10) years of creditable service or, if the Member is within
five (5) years of the date as of which he would be eligible for
retirement on a normal or early service retirement allowance but
for his termination, after having completed at least five (5)
years of creditable service shall be entitled, in lieu of a refund
of his Accumulated Employee Contributions, to apply for a vested
retirement allowance.
(b) Any Member with five (5) or more years of creditable
service, who is separated from service with the City without
cause by the operation of law or by the transfer of a City function
to any political subdivision of the State of Florida or of any
other State, shall be entitled, in lieu of a refund of his
Accumulated Employee Contributions, to apply for a vested retirement
allowance.
(c) The vested retirement allowance shall be a deferred
allowance commencing on the earliest date as of which a Member
with his years of creditable service would first be eligible for
retirement on a normal or early service retirement allowance and
shall be equal to the amount computed in accordance with this
Article 5 as a normal or early service retirement allowance on the
basis of the Member's final average monthly earnings and creditable
service at the time of his termination and his age as of the date
on which payment of the allowance commences.
5.04 Disability Retirement Allowance
(a) Upon the written application of a Member or the City
Manager, a Member who has five (5) or more years of creditable
service may be retired by the Board on an ordinary disability
retirement allowance on the first day of a calendar month not less
than thirty (30) nor more than ninety (90) days next following
the filing of such application; provided that the Physical Examiners,
after a medical examination of such Member, shall certify that he
is totally incapacitated, mentally or physically, for the further
performance of duty, that such incapacity is not the result of
habitual use of narcotics or alcohol, misconduct, service in the
Armed Forces, self-inflicted injury or disability sustained through
other employment, that such incapacity is likely to be permanent
and that such Member should be retired.
(b) Upon the written application of a Member or the City
Manager, any Member who has been totally and permanently
incapacitated for the performance of his duty as the natural and
proximate result of an accident occurring while in the actual
performance of duty at some definite time and place, without
wilful negligence on his part, may be retired by the Board on a
service -connected disability retirement allowance, and not on an
ordinary disability retirement allowance, on the first day of a
calendar month not less than thirty (30) nor more than ninety (90)
days next following the execution and filing of such application;
provided that the application is filed within six (6) years from
the time of said accident, and that the Physical Examiners, after
a medical examination of the Member, shall certify that he is
totally incapacitated, mentally or physically for the further
performance of duty, that such incapacity is likely to be permanent
and that he should be retired.
-6-
(c) The disability retirement allowance payable to a Member
retiring under the provisions of this Section 5.04 shall be an
amount computed as a normal service retirement allowance in accordance
with Section 5.01 on the basis of the Member's final average
monthly earnings and creditable service at the time of disability
retirement; provided that the amount of such allowance shall be
modified in accordance with the following Paragraphs (d) and (e)
if the Member has not reached his normal retirement date at the
time of his disability retirement.
(d) The allowance payable to a disability Retirant prior
to his normal retirement date shall not be less than thirty-five
per centum (35%) of his final average monthly earnings as defined
in Section 2.09 as of the date of his disability if an ordinary
disability retirement allowance is payable, and not less than
seventy-five per centum (75%) of such final average monthly
earnings of a service -connected disability retirement allowance
is payable. The allowance payable to a disability Retirant after
his normal retirement date shall be an amount computed as a normal
service retirement allowance on the basis of the final average
monthly earnings and number of years of creditable service he
would have had if he had continued in service without interruption
until his normal retirement date at the maximum rate of pay in
effect at the time of his retirement for the classification at
which he retired, provided that such allowance shall not exceed
the amount payable to him as a disability retirement allowance
prior to his normal retirement date. "Normal retirement date" as
used in this Section 5.04 means the date determined in accordance
with Section 5.01(a) on the assumption that the period of disability
retirement is deemed to be active service as an Employee for this
purpose.
(e) Any amounts which may be paid or payable on account
ofdisability to the Member or his dependents under the Workmen's
Compensation Act, exclusive of fixed statutory payments for the
loss of any bodily member, shall be offset against and payable in
lieu of that part of his disability retirement allowance provided
under the System by contributions of the City on account of the
same disability, in such equitable manner as the Board shall determine.
(f) During the period of his retirement on a disability
retirement allowance prior to his normal retirement date, the
Retirant's annual earnings from employment (including self-
employment) prior to his normal retirement date shall not exceed
an amount which, when added to the disability retirement allowance
payments received by him, would result in a combined income of
one hundred twenty-five per centum (125%) of the maximum current
salary for the classification from which he was retired if he is
receiving a service -connected disability retirement allowance, or
one hundred per centum (100%) of such maximum salary if he is
receiving an ordinary disability retirement allowance; otherwise
payments of the disability retirement allowance shall be withheld
to the extent that the combined income exceeds the maximum permissible
amount. The Member must agree at the time of his disability
retirement, before any benefits are paid to him under the System,
to furnish annually to the Board, before May 1 of each year, a
copy of his Federal Income Tax return for the prior year and any
other information which the Board may require. When the Retirant's
combined income exceeds the maximum permissible amount determined
on the basis of the maximum salary as of January 1 of the prior
year for the classification from which he was retired, future
payments of his disability retirement allowance shall be withheld
until the total sum withheld equals the amount by which his combined
income for the prior year exceeded the maximum permissible amount.
Restrictions on earnings shall not be applicable after the Retirant's
normal retirement date.
-7-
(g) Any Retirant who is receiving a disability retirement
allowance shall be subject, prior to his normal retirement date,
to re-examination by the Physical Examiners either upon request
of the Retirant, the Board or the City Manager, and the Physical
Examiners shall report their conclusions as to the continuance of
the incapacity. In the event that such disability shall not
continue to incapacitate the Retirant for service acceptable to
the City, in accordance with requirements of the Personnel
Department, the City Manager may require that such Retirant be
returned to active duty at work which is the same or of similar
nature to the work he performed prior to his incapacity, or
returned to other work within the limits of his mental or physical
capacities, at a rate of compensation not less than seventy per
centum (70%) of the pay to which he would have been entitled at
the time of his return to active service for the grade of service
occupied by the Retirant prior to his incapacity. Upon any such
return to active duty such Retirant shall be restored to service
as a Member, his disability retirement allowance shall be terminated,
he shall resume contributing to the System according to the
compensation thereafter payable to him, and the period during which
he was receiving his disability retirement allowance shall be
included in his creditable service for all purposes of the System.
(h) If any Retirant in receipt of a disability retirement
allowance is found by the Physical Examiners, prior to his normal
retirement date, to be no longer incapacitated but is not restored
to service as a Member because of his own refusal to accept
employment offered to him in accordance with the foregoing paragraph,
his disability retirement allowance shall be terminated, and the
period during which he was receiving a disability retirement
allowance shall in no event be added to the creditable service
he had acquired prior to his incapacity.
5.05 Active Service Death Benefits
(a) Upon receipt of evidence, satisfactory to the Board,
of the death of a Member who has three (3) or more years of
creditable service, a monthly pension shall be paid to the surviving
spouse of the deceased Member, provided that said spouse had been
married to the Member for at least one (1) year immediately prior
to the date of his death; if there is no surviving spouse entitled
to such pension, the pension shall be paid to the dependent child
or children of the deceased Member, divided in such manner as the
Board in its discretion shall determine, to continue until every
such child dies or attains twenty-one (21) years of age.
(b) The monthly pension payable to the person or persons
entitled thereto in accordance with the foregoing Paragraph (a)
shall be equal to one and three -eights per centum (1-3/8%) of the
deceased Member's final average monthly earnings multiplied by the
number of his years of Creditable service not exceeding 25, plus
one per centum (1%) of such earnings multiplied by the number of
his years of creditable service in excess of 25; provided that such
pension shall not be less than thirty per centum (30%)nor more than
forty per centum (40%) of his final average monthly earnings;
further provided, that if the Accumulated Employee Contributions
credited to the Member at the time of his death are less than
would have been credited to him if he had contributed at the rate
of six per centum (6%) of his earnings from the time he became a
participant under the predecessor system governed by the provisions
of Ordinance No. 845, the pension computed in accordance with the
foregoing provisions of this paragraph shall be reduced by half of
the amount by which the retirement allowance of the deceased Member
would have been reduced if he were retiring on a normal or early
service retirement allowance as of the date of his death; and
-8-
further provided, that, if the pension is payable to a spouse who
is more than fifteen (15) years younger than the Member, the
pension shall be reduced to an amount which is the actuarial
equivalent of the pension payable to the spouse if said spouse
were exactly fifteen (15) years younger than the deceased Member.
In the event of the death of the spouse after pension payments
have commenced, a pension computed in accordance with the foregoing
sentence but prior to any reduction because of the difference in
the ages of the deceased Member and the surviving spouse shall be
paid to the dependent child or children of the deceased Member
under twenty-one (21) years of age, divided in such manner as the
Board in its discretion shall determine, until every such child
dies or attains twenty-one (21) years of age.
(c) Under no circumstances shall any surviving spouse of a
deceased Member or Retirant receive from the System more than one
pension under either the provisions of this Section 5.05 or the
following Section 5.06 or because of the simultaneous effect of
both of these sections.
5.06 Death Benefits after Retirement
(a) Upon receipt of evidence, satisfactory to the Board,
of the death of a Retirant, a monthly pension shall be payable to
the surviving spouse of the deceased Retirant, provided that the
spouse had been married to the Retirant on the date of his
retirement or termination of service, whichever was first, and for
at least one (1) year prior to such date; and further provided,
that if the Retirant had elected an option in accordance with
Section 5.07 which was in effect at the time of his death, monthly
benefits shall be continued after his death, in lieu of benefits
under this Section 5.06, in accordance with the option.
(b) The monthly pension payable to the surviving spouse of a
deceased Retirant pursuant to the foregoing paragraph of this
Section 5.06 shall be equal to fifty per centum (50%)of the
retirement allowance which would have been payable to the deceased
Retirant if he had been alive at the time of the monthly payment;
provided, that, if the surviving spouse is more than fifteen (15)
years younger than the deceased Retirant, such monthly pension
shall be reduced to an amount which is the actuarial equivalent
of such pension for a spouse exactly fifteen (15) years younger
than the deceased Retirant.
(c) If any such deceased Retirant is not survived by a
spouse entitled to a pension in accordance with the foregoing
paragraphs of this Section 5.06 or if the death of such a spouse
occurs after pension payments have commenced in accordance with
the foregoing paragraph, the pension which would otherwise have
been payable to a- surviving spouse eligible therefor and not more
than fifteen (15) years younger than the deceased Retirant shall be
payable to the dependent child or children of the said deceased
Retirant, if any, divided in such manner as the Board in its
discretion shall determine, to continue until every such child
dies or attains twenty-one (21) years of age; provided that only
children who were dependent beneficiaries of the Retirant on the
date of his retirement or termination of service, whichever was
first, shall be eligible for a pension under this paragraph.
(d) Anything in this Section 5.06 to the contrary notwith-
standing, in the event that an optional benefit had been elected
by a Retirant in accordance with Section 5.07 and such election is
in effect at the time of his death, monthly benefits, if any, shall
be payable after his death to the person designated as the contingent
-9-
annuitant in accordance with the optional election and no benefits
shall be payable as a result of the death of the Retirant under
this Section 5.06.
5.07 Optional Benefits
(a) Subject to the applicable provisions of this Section
5.07, a Member or former Member may, by written notice received
by the Board prior to the date of commencement of his retirement
allowance, elect to convert his retirement allowance, provided
that said allowance is not a disability retirement allowance, into
an optional benefit which is the actuarial equivalent of his
retirement allowance in accordance with one of the options named
below. If such notice is received by the Board not less than
thirty (30) days prior to the date of commencement of his retirement
allowance, the election of the optional benefit shall become
effective on the date his retirement allowance commences. If such
election is received by the Board at any later date it shall
become effective thirty (30) days after the date his retirement
allowance commences.
Option 1. A reduced retirement allowance payable
during the Member's life, with the provision that after his
death it shall be paid during the life of, and to, the contingent
annuitant nominated by him by written designation duly acknowledged
and filed with the Board when he elected the option; or
Option 2. A reduced retirement allowance payable
during the Member's life, with the provision that after his death
an allowance at two thirds (2/3) the rate of his reduced allowance
shall be paid during the life of, and to, the contingent annuitant
nominated by him by written designation duly acknowledged and filed
with the Board when he elected the option.
A Member may designate as the contingent annuitant
under an option his spouse or a minor child or any other person
who is shown, on the basis of evidence satisfactory to the Board,
to be dependent upon or receiving substantial support from the
Member; provided, however, if the contingent annuitant is a minor
child, the retirement allowance shall not be payable under the
option after the death of the member after the minor child attains
twenty-one (21) years of age.
(b) If the person designated by the Member as the contingent
annuitant under an option is his spouse to whom he was married on
the date of his retirement or termination of service, whichever was
first, and for at least one (1) year prior to such date, the monthly
benefits payable under the option to the Member and the surviving
contingent annuitant shall be the actuarial equivalent of the
benefits which would have been payable without the optional election
as a retirement allowance to the Member after his retirement and
as a pension after his death to his surviving spouse in accordance
with Section 5.06; otherwise, the monthly benefits payable under
the option shall be the actuarial equivalent of the retirement
allowance payable only to the Member after his retirement prior to
any optional election.
(c) The election of an optional benefit may not be revoked
or changed by the Member but, if the Member or the contingent
annuitant designated under the option dies prior to the date the
election of the option becomes effective, the election shall
thereby be revoked.
-10-
5.08 Refund of Accumulated Contributions
(a) A Member may elect, upon ceasing to be an Employee for
any cause other than retirement or death, to receive in one sum
the Accumulated Employee Contributions credited to him. Upon
acceptance of such payment, all creditable service shall be
cancelled and such creditable service shall not be reinstated upon
his becoming a Member again at a subsequent date.
(b) Upon receipt of evidence, satisfactory to the Board,
of the death of a Member prior to the commencement of his retirement
allowance, with no surviving spouse or dependent children entitled
to receive a pension as provided in Section 5.05, the amount of his
Accumulated Employee Contributions at the time of his death shall
be payable in one sum to his designated beneficiary if living,
otherwise to such Member's estate.
(c) Upon receipt of evidence, satisfactory to the Board,
of the death of a Retirant who is not survived by a spouse or
dependent children entitled to a pension in accordance with
Section 5.06, provided he has not elected an optional benefit
that has become effective, any excess of his Accumulated Employee
Contributions at retirement over the sum of the retirement allowance
payments received shall be paid in one sum to his designated
beneficiary if living, otherwise to such Member's estate.
(d) Upon receipt of proof, satisfactory to the Board, of
the death of the survivor of a Retirant and the contingent
annuitant under an option, if an option has been elected and has
become effective, any excess of the Retirant's Accumulated Employee
Contributions at the time of his retirement over the sum of the
benefit payments received shall be paid to the Retirant's beneficiary
if living, otherwise to the estate of the survivor of such Retirant
and contingent annuitant.
(e) Upon receipt of proof, satisfactory to the Board, that
no further benefits are payable as the result of the death of a
Member prior to the commencement of any retirement allowance, the
excess, if any, of the Accumulated Employee Contributions at the
time of his death over the pension payments received by the Member's
spouse and his dependent children shall be paid in a single sum to
the Member's designated beneficiary if living, otherwise to his
estate.
(f) Upon receipt of proof, satisfactory to the Board, that
no further benefits are payable as the result of the death of a
Fetirant, the excess of his Accumulated Employee Contributions at
retirement over benefit payments received by the Retirant, his
spouse and dependent children shall be paid in one sum to the
Retirant's designated beneficiary if living, otherwise to his estate.
(g) A Member's beneficiary for receipt of the single sum
payments in accordance with this Section 5.08 must have been
designated by him in writing and duly acknowledged. A Member may
designate more than one person as his beneficiary for this purpose,
provided that he specifies the manner in which the payment is to
be allocated, and he may designate alternate beneficiaries with a
specified order of priorities for entitlement to single sum payments
in the event of death. A Member may change his beneficiary or
beneficiaries by similar written designation. A designation,
revocation or change of the contingent annuitant under an optional
benefit may be made only as provided in Section 5.07.
-11-
5.09 Post Retirement Adjustments
(a) The benefits payable to Retirants and Pensioners on the
effective date of this Ordinance and the benefits commencing in accordance
with this Ordinance on or after such date shall be continued without
change except as increased in accordance with this Section 5.09.
(b) "Improvement Factor" for the purpose of this Section 5.09
means an increase of one and one-half per centum (1-1/2%) per annum in
retirement allowances or pensions for each year commencing on October 1
following the completion of one full year after the commencement date
of the retirement allowance or, if applicable to pensions payable as
the result of the death of a Member prior to his retirement, one full
year after the commencement date of the pension. The Improvement Factor
shall not be compounded, and shall be applied to the retirement allowance
or pension payable as of the effective date of this Ordinance with respect
to benefits which commenced prior to that date, and to the retirement
allowance or pension initially payable as the result of the retirement,
termination or death of a Member, whichever is applicable, with respect
to benefits which commenced on or after the effective date of this
Ordinance.
(c) The Improvement Factor shall be applied automatically
as of each October 1, with respect to retirement allowances payable
for more than one year as of such time.
(d) Upon the death of a Retirant, the pension payable thereafter
to his dependent beneficiary shall be based on the retirement allowance
payable as of the date of such death, including the benefit improvements
granted in accordance with this Section 5.09; however, on each October 1
subsequent to such death the Improvement Factor shall be applied to the
amount which would have been payable as a pension prior to any post
retirement adjustments made in accordance with this Section 5.09.
5.10 Special Guarantee
Anything herein to the contrary notwithstanding, the retirement
allowance of any person who was participating in the predecessor system
on the effective date of this Ordinance and became a Member of this
System on such date shall not be less, if he continues as a Member of
the System without interruption until his retirement, than would have
been obtained under the predecessor system if the predecessor system
had been continued without change; provided, however, post retirement
adjustments provided in the predecessor Ordinance No. 845 shall not be
granted after the effective date of this Ordinance.
5.11 Return to Active Service
(a) If a former Member who is entitled to a vested retirement
allowance not yet payable returns to service with the City as an Employee
before such allowance has become payable, he shall again become a Member
of the System and he shall contribute to the System at the rate required,
pursuant to Section 6.02, of Employees who become Members for the first
time. Credited service rendered before and after his return to service
shall be considered for the purpose of determining his entitlement to a
normal or early service retirement allowance; provided, in the event of
his subsequent termination of employment for reasons other than death or
retirement, only credited service rendered after his return to service
shall be considered for the purpose of determining his entitlement to a
vested retirement allowance with respect to service rendered after his
return. Upon subsequent retirement, his retirement allowance shall be
equal to the sum of the amounts computed on the basis of the final
average monthly earnings and creditable service with respect to each
period of continuous service as an Employee; provided that the retirement
allowance shall not exceed the retirement allowance which would have
been payable if his credited service had been one period of continuous
service.
(b) Should a Retirant, other than a disability Retirant restored
to service in accordance with Section 5.04(g), be employed by the City
as an Employee, his retirement allowance shall cease, he shall again
become a Member of the System, and he shall contribute thereafter at
the rate then required of Employees becoming Members for the first time.
An amount equal to the excess, if any, of his Accumulated Employee
Contributions at the time of his retirement over the amount of retirement
allowance payments he received shall be credited to him as Accumulated
Employee Contributions as of the date he again became a Member. Credited
service rendered before and after his return to service shall be
considered for the purpose of determining his entitlement to a normal or
early service retirement allowance upon subsequent retirement. Upon
subsequent retirement, his retirement allowance shall be equal to the
sum of the retirement allowance payable to him during his previous
retirement plus the amount computed as a retirement allowance on the
basis of his final average monthly earnings and credited service for
the period after his last return; provided that the total retirement
allowance shall not exceed the retirement allowance which would have
been payable if all years of his credited service had been a continuous
period. If an option had been elected and in effect at the time of
his return to service, the option shall continue to be in effect after
his return to service with respect to the retirement allowance payable
prior to his return.
(c) Should a Pensioner be employed by the City in any capacity
for which regular compensation is paid, the Pension shall cease to
be paid to said Pensioner for the period of such employment, and
such person shall be subject to the provisions of this Ordinance
as any other person employed by the City. Upon termination of such
employment, such person shall elect to receive either the benefit
to which he was previously entitled as a Pensioner if still eligible
therefor or the benefit, if any, to which he is otherwise entitled
on the basis of his membership in the System.
(d) The return of a disability Retirant to employment with
the City prior to his normal retirement date in accordance with
Section 5.04(g) shall be governed by said Section 5.04(g). Return
of such a person to employment with the City after his normal
retirement date, as defined in Section 5.04, or after the date as
of which he ceased to be entitled to a disability retirement allowance
pursuant to Section 5.04(h) shall be governed by the provisions of
Paragraph (a) or (b) of this Section 5.11, whichever is applicable
at the time of such return.
ARTICLE 6. Financing
6.01 Assets of Predecessor System
(a) All moneys, investments and assets of the predecessor
system as of the effective date of this Ordinance shall become
assets of this System as of such date.
(b) The amount credited to each participant of the
predecessor system as "Accumulated Employee Normal Contributions"
as of the effective date of this Ordinance shall be credited to
him under this System on such date as Accumulated Employee
Contributions.
6.02 Contributions by Members
Each Member shall contribute to the System six per centum
(6%) of his earnings throughout his service as an Employee;
provided, that, any Member who was contributing five per centum
(5%) of his earnings to the predecessor system as of the effective
date of this Ordinance may continue to contribute at such rate to
this System during his continuous service as an Employee subsequent
to such date.
6.03 Contributions by City
(a) It is the intent of this Ordinance that the City
contribute to the System each year the amounts actuarially determined
to be required, in addition to contributions by Members, to cover
the cost of the benefits provided by the System. In addition,
administrative expenses shall be paid by the City.
(b) An actuarial investigation of the System shall be made
at least once every three (3) years to determine the contribution
payable by the City. On the basis of regular interest and of such
mortality and service tables as shall be adopted by the Board of
Trustees, the actuary shall determine, immediately after making
each valuation, the percentage of the compensation of all Members
required, in addition to contributions payable by such Members, as
contributions payable by the City to provide the benefits of the
System currently accruing to such Members; the rate per centum so
determined shall be known as the "normal contribution rate" and
the contributions based on this rate shall be known as "normal
contributions". In addition, the actuary shall determine the part
of the liabilities for benefits under the System not covered by
assets in hand, future contributions of Members and future normal
contributions of the City, and this amount shall be known as the
"unfunded accrued liability"; the percentage of compensation of
Members determined to be payable on account of such liability
shall be known as the "accrued liability contribution rate". The
actuary shall recommend on the basis of each valuation a normal
contribution rate and an accrued liability contribution rate.
(c) It is the intention of this Ordinance that contributions
be set at such levels, as recommended by the Actuary designated
by the Board, as to provide for a systematic amortization of any
unfunded accrued liability over a period of thirty (30) years from
the date as of which such liability is incurred.
ARTICLE 7. Board of Trustees
7.01 The System created by this Ordinance shall be construed as
a trust and shall be administered by a Board of Trustees.
The Board shall have the general responsibility for the proper
operation and management of the System and for making effective
the provisions of this Ordinance.
7.02 The Board shall consist of seven (7) persons, each of whom
shall be designated as a trustee, as follows:
-14-
(a) City Manager;
(b) Chief Finance Officer;
(c) Two (2) members of the City Council elected
by the City Council; and
(d) Three (3) Members or Retirants of the System
elected from time to time by Members and
Retirants, with one such trustee elected
from each of the following groups:
Group 1. Members of the System regularly
employed in the Police and Fire Departments
or in the Lifeguards, and Retirants.
Group 2. Members of the System who are regularly
employed in clerical and executive positions.
Group 3. All other Members of the System.
In determining the classification of any Member in the above groups,
the decision of the Council shall be final. The basis of
classification shall be that a Member belongs in the group through
which he derives his eligibility for membership in the System.
7.03 Members of the City Council serving on the Board of Trustees
shall serve at the pleasure of the Council and only during
their incumbency in office. The City Manager and Chief Finance
Officer of the City shall serve on the Board of Trustees only
during their incumbency as such. The first Board of Trustees
under this Ordinance shall consist of the same trustees as constitute
the Board of the superseded System governed by Ordinance No. 845.
The terms of the three (3) trustees elected by the membership of
the System shall expire at the same time that their terms expire
under Ordinance No. 845; as each such trustee's term expires, an
election shall be held within the group represented by such trustee
to select a trustee for a three (3) year term. If a vacancy
occurs prior to the expiration of the term, the vacancy shall be
filled for the unexpired part of term in the same manner as it was
previously filled.
7.04 Each trustee shall take an oath of office within ten (10)
days after his election or appointment. A trustee shall
serve without compensation but shall be reimbursed for any expenses
incurred as the result of service as a trustee.
7.05 The Board shall elect from its membership a Chairman and a
Vice Chairman; the Chief Finance Officer of the City shall
be Secretary of the Board. Each trustee shall be entitled to one
(1) vote, and four (4) concurring votes shall be necessary for a
decision by the trustees at any meeting of the Board.
7.06 The Board shall have, in addition to all other powers and
duties arising out of this Ordinance not otherwise specifically
reserved or delegated to others, the following specific powers
and duties:
(a) Hold regular meetings at least quarterly in each year
and special meetings at such times as a majority of the Board or
the Chairman may deem necessary.
-15-
(b) Establish rules and regulations to implement the
provisions of this Ordinance, and formulate policy for the proper
administration of the System and the transaction of its business.
(c) Consider and pass on all applications for retirement
and other benefits, authorize the granting of all retirement
allowances, pensions and lump sum settlements, and suspend any
payment or payments, all in accordance with the provisions of
this Ordinance.
(d) Adopt from time to time service and mortality tables
and the rate of regular interest for use in actuarial calculations
in connection with the System.
(e) Submit to the City Manager on or before July 1 of each
year an estimate of the amount of appropriation required for the
purposes of the System for the following fiscal year.
(f) Recommend to the City Council the employment of such
actuarial, legal or investment counsel or specialized technical
assistance as may be required for the efficient operation of the
System; and prepare and submit to the City Manager, prior to the
beginning of each fiscal year, a budget of the operating expenses
for such year.
(g) Maintain accounts and records showing the fiscal
transactions of the System and keep in convenient form such data
as may be necessary for the actuarial valuations of the System;
require from each person covered under the System such information
as shall be necessary for the proper operation of the System;
require the maintenance of adequate accounting records which shall
at all times reflect the financial condition of the System.
(h) Provide for the receipt of all payments made to the
System and records thereof, and cause them to be deposited
immediately with the Chief Finance Officer of the City.
(i) Keep a permanent record of all proceedings of the Board
which shall be available for examination by any Member, Retirant
or Pensioner, or by any Officer of the City.
(j) Designate for specified periods, or as occasion may
require, three (3) physicians who are not eligible for membership
in the System as Physical Examiners; such Physical Examiners shall
arrange for, and conduct, all physical and mental examinations
required under this ordinance, shall investigate all essential
statements and certificates in connection with applications for
disability retirement, and shall report in writing to the Board
their conclusions and recommendations upon all matters referred
to them.
(k) Be the legal custodian of all cash and securities of
the System, invest and reinvest all cash not required to meet
current disbursements in securities; and subject to the limitations
of this Ordinance, the Board shall have full power to hold, purchase,
sell, assign, transfer and dispose of any of the securities and
investments as well as the proceeds of such investments.
(1) Provide for certification on its behalf of all warrants
issued in accordance with actions of the Board authorizing payments
for benefits, expenses and investments out of funds belonging to
the System, and provide for certification on its behalf of all
amounts required by the System to be levied as taxes by the City.
-16-
(m) Cause a general investigation to be made by a Consulting
Actuary, at least once every three (3) years, and cause recommendations
to be furnished as a result of such investigation as to the actuarial
tables and rates of contributions to be used.
(n) Cause an audit of the affairs of the System to be made
annually, with interim quarterly reports by an independent Certified
Public Accountant, and submit a copy thereof to the City Manager
as soon as possible after the end of each fiscal year.
(o) Accept any gift, grant or bequest of any money or
securities under the terms designated by the grantor, or, if no
special purpose or allocation is specified, for credit to the
funds of the System.
(p) Make available to Members, Retirants and Pensioners a
financial statement including a summary of the report of the
Certified Public Accountant, and issue to each Member, as soon as
practicable following the close of each fiscal year, an individual
statement showing the Accumulated Employee Contributions standing
to his credit.
(q) Require the preparation of an annual report as of the
close of each fiscal year for submission to the City Council; said
report shall embody, among other things, a financial balance sheet
and a statement of receipts and disbursements for the fiscal year,
schedules of acquisitions and sales or exchanges of investments,
a statement of investments owned at the close of the fiscal year
and other pertinent financial and operating data.
ARTICLE 8. Investments
8.01 The assets of the System, in excess of the amount required
to meet current operations or pension and retirement payments,
shall be invested in the following securities:
(a) 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.
(b) 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
guaranty.
(c) Bonds, notes or other securities of any state, county
or incorporated city in any State of the United States or of 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.
(d) Bonds, notes or other 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.
(e) 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 per centum (35%) of the total funds
invested.
(f) 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.
-17-
•
(g) 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.
8.02 All investments shall be clearly marked to indicate that
they are a part of the assets of the System, and to the
extent possible they shall be so registered.
8.03 Transactions involving the sale of bonds and simultaneous
purchase of other bonds for substantially the same
consideration may be treated as exchanges rather than two separate
transactions. No adjustments shall be made in investment valuations
for ordinary current market price fluctuations, but reserves may
be provided for anticipated losses upon redemption as determined
by the Board.
8.04 Except as otherwise herein provided, no trustee or employee
of the Board shall have any direct interest in the income,
gains or profits of any investments made by the Board, nor shall
any such person receive any pay or emolument for services in
connection with any investment. Proof that any such person violated
any of these restrictions shall make such person guilty of a
misdemeanor or felony, as the case may be, and such person shall
be punishable therefor as provided by law.
ARTICLE 9. Administration
9.01 Personnel Director
The Personnel Director shall have responsibility for the
administration of the System. As such, he will have responsibilities
which shall include, but not necessarily be limited to, the duties
specified in this Section 9.01.
(a) The Personnel Director shall establish and maintain
records on all persons covered under the System.
(b) The Personnel Director shall verify the amounts entered
by the Payroll Department as deductions for contributions by
Employees to the System and shall certify all payrolls on which
such deductions are entered.
(c) The Personnel Director shall receive applications for
retirement and other benefits, compute retirement allowances,
pensions and lump sum settlements, compute and credit interest to
individual accounts and make such analyses, computations and other
determinations and records as the Board may deem necessary for the
efficient_operation of the System.
(d) It shall be the duty of the Personnel Director to
notify the Board of any new Members, withdrawal of Members,
applications for retirement and lump sum payments, and such other
personnel information as the Board may require.
9.02 Chief Finance Officer
(a) The Chief Finance Officer of the City shall be the
custodian of the assets of the System and shall furnish bond or
surety therefor acceptable to the Board. He shall deposit all
cash on hand in regularly designated depositories of the City and
shall require surety or collateral therefor as is required by the
Charter or Ordinances of the City for other funds of the City,
and shall hold all investments under the joint custody of himself
and the Board.
-18-
,
(b) The Chief Finance Officer shall maintain necessary
records to show receipts by payroll deductions, City contributions,
donations and investments returns, and to show disbursements for
retirement allowances, pensions and lump sum settlements. Iie
shall also keep such other financial records of the moneys and
investments of the System as the Board deems necessary.
(c) All payments from the funds of the System shall be
made by the City Clerk -Finance Director only upon vouchers signed
by the Chief Finance Officer. A duly attested copy of a resolution
of the Board bearing on its face the specimen signature of the City
Clerk and Finance Director shall be filed as authority for making
payments upon such vouchers. No voucher shall be drawn unless it
shall have been previously authorized by resolution of the Board,
except that the Board may, by resolution, authorize the Chief
Finance Officer to issue vouchers for refunds of Accumulated
Employee Contributions in accordance with Section 5.08 and for
minor adjustments in contributions by Employees.
(d) For the purpose of meeting current disbursements, cash
equal in amount, as nearly as practicable, to the regular demands
for the ensuing month shall be kept available on deposit.
9.03 City Attorney
The City Attorney shall be legal advisor of the Board; his
services on behalf of the Board shall not be compensated additionally.
ARTICLE 10. General
10.01 The assets of the predecessor system as of the effective
date of this Ordinance shall become the assets of this System
on such date. The assets of the System shall be invested as one
fund, and no particular person, or group of persons, shall have
any right in, or to, any specific security or property, or in or
to any item of cash, other than an undivided interest in the whole,
as specified in the provisions of this Ordinance.
10.02 All retirement allowances, pensions, and other benefits
payable under the provisions of this Ordinance, and all
accumulated credits of Employees in the System shall not be
assignable.
10.03 Any person who shall knowingly make any false statement, or
shall falsify, or permit to be falsified, any record or
records of the System in any attempt to defraud the System shall
be guilty of a misdemeanor, and shall be punishable therefor,
upon conviction, by a fine of not more than One Thousand Dollars
($1,000.00) or imprisonment for not more than ninety (90) days, or
both, in the discretion of the Court.
10.04 No provision of any ordinance, which provides wholly or
partly, at the expense of the City, for retirement allowances,
pensions, or other benefits for employees of the City, their widows,
or other dependents, shall apply to persons covered by the System
established by this Ordinance.
10.05 All ordinances, and parts of ordinances, in conflict herewith
shall be, and the same, are, hereby repealed.
-19-
A
10.06 In the event any article, section, paragraph, sentence,
clause, or phrase of this Ordinance shall be adjudicated
invalid or unconstitutional, such adjudication shall in no manner
affect the other articles, sections, paragraphs, sentences,
clauses, or phrases of this Ordinance, which shall be and remain
in full force and effect as fully as if the item so adjudged
invalid or unconstitutional was not originally a part hereof.
PASSED AND ADOPTED by the City Council of the City of
Miami Beach pursuant to the vote of the constituent electors of
the City of Miami Beach at a special election held on
November 2, 1971 in accordance with the provisions of Section 26
of the Charter and Code of the City of Miami Beach, Florida,
this 17th day of November, 1971.
Attest:
6F;d111C
ity Clerk -Finance Director
1st reading
2nd reading
3rd reading
POSTED
- November 17, 1971
- November 17, 1971
- November 17, 1971
- November 19, 1971
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1901
entitled:
AN ORDINANCE PROVIDING FOR THE CREATION AND
MAINTENANCE OF A RETIREMENT SYSTEM FOR GENERAL
EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 19th day of November, 1971,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 19th day of January, 1972.
City Clerk and Finance Director
z
> -
I— 1—
N—
0 1- U
Z N
< W
I— 2
Z Z E—
O W
1— W O
Q CC
0 W — N
dl CC I— W
U W W
Z 0 2 < OJ
— Z I— a.
C7 W i 2
— W CC O W L)
CC () 0 Q
`) LL W J W
Q U Q CO
Z C7 Z CC
— Z Q W —
0 — Z Z
r 1' 0 W W
0 — f— C7 —
Z Z
O — CC
CC < O Li
C. Li 0
r
1
1