2001-3337 ORDORDINANCE NO. 2001-3337
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
SPECIAL RELATED ACTS, ARTICLE IX, ENTITLED
"CITY PENSION FUND FOR FIREFIGHTERS AND
POLICE OFFICERS IN THE CITY OF MIAMI BEACH",
SECTION 62 THEREOF ENTITLED "DEFINITIONS" TO
PROVIDE A DEFINITION OF "DOMESTIC PARTNER",
AMENDING SECTION 65 THEREOF ENTITLED
"COMPUTATION OF CREDITABLE SERVICE" BY
CREATING A SUBSECTION (d) FOR PURCHASE OF
ADDITIONAL CREDITABLE SERVICE FOR PREVIOUS
LAW ENFORCEMENT EXPERIENCE, AMENDING
SECTION 66 THEREOF ENTITLED "PENSION SYSTEM
FOR DISABILITY AND RETIREMENT OF MEMBERS OF
POLICE AND FIRE DEPARTMENTS" BY CREATING A
SUBSECTION (j) FOR PURCHASE OF UP TO AN
ADDITIONAL SIX PERCENT (6%) BENEFIT
MULTIPLIER, AMENDING SECTIONS 68, 69, 70(a), AND
85 THEREOF TO DESIGNATE DOMESTIC PARTNERS
AS POTENTIAL RECIPIENTS OF SURVIVOR BENEFITS
UNDER THE PENSION PLAN; PROVIDING A REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, On November 6, 2001, the voters of Miami Beth approved the
following ballot question on the City of Miami Beach November 6, 2001, Special Election
ballot:
Shall City's Special Related Acts, Article IX, regarding City's pension fund for City firefighters
and police officers be amended to allow police officers and firetighten to purchase up to two
years additional service and up to 6% additional benefit multiplier, and to include "domestic
partners" as defined and registered in accordance with ordinance as persons who may receive
beneficiary and survivor benefits from the fund?
WtlEREAS, this legislation is now necessary in order to incorporate the approved
measure in the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code, Related Special acts, Article IX, entitled, "Pension
System for Disability and Retirement of Members of Police and Fire Departments", Section 62
thereof entitled, "Definitions", is hereby mended to read as follows:
Sec. 62. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Board means the Board of Trustees appointed and elected to administer and supervise the
System as provided in section 76.
City means the City of Miami Beach, Florida.
Creditable Service means the Employee's service determined as provided in section 65 used to
determine his eligibility for certain banefits under the System and the mount of his benefit
under this System.
Dependent Parent means a parent of a member for whom a member is entitled, or would have
been enti~ed, to claim a dependency exemption for federal income tax reporting purposes.
Domestic Partner means a person with whom a member has entered into a Domestic Partnership
as defined in sec. 62-126. and re~,istered and documented according to the requirements of see.
62-127.
Effective Date means September 20, 1945.
Employee means any regular member of the police department or fire depathx~ent who has
attained regular civil service status in such department under the official classifications of
positions in the classified service of the City, having a rank in such depa~-haent other than
civilian rank and other than the classification of school guard. Unless they have never held
classified positions with the City, the chiefs of the police and fire departments shall be
considered Employees for the purposes of this System.
Fund means the City Pension Fund for Firefighters and Police Officers in the City of Miami
Beach created by section 61.
Handicapped Child means a child of a member who has reached the age of 18 and who is
primarily dependent upon the member for the child's livelihood or support due to a mental or
physical condition or handicap of the child which requires, or otherwise would have required, the
member to provide primary support for the child.
May 1993 Member means a member first employed by the City on or after May 19, 1993,
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Salary, for the purpose of determining member contributions under this System, means the
member's base pay, longevity pay, overtime, shill differential and extra compensation allowance
such as uniform allowance, before reduction for the picked-up member contributions and before
reduction for any mounts contributed in accordance with sections 125 or 457 of the Internal
Revenue Code. However, for periods prior to October 1, 2000 and solely with respect to May
1993 Members, the term "Salary" shall refer only to base pay and longevity pay, excluding any
payment of overtime, shift differential or extra compensation allowance such as uniform
allowance, but determined before reduction for the picked-up member contributions and before
reduction for any mounts contributed in accordance with sections 125 or 457 of the Intemal
Revenue Code. For purposes of determining the mount of a member's benefit under the
System, Salary shall mean the mount determined under this section as modified by the
provisions of section 66 under which the benefit is being provided. Notwithstanding anything
herein to the contrary, a member's Salary taken into account for any purpose under this System,
including for purposes of determining the mount of a member's benefit and his contribution to
this System, shall not exceed the limitation set forth in section 401(a)(17) of the Internal
Revenue Code as adjusted for changes in the cost of living by the Secretary of the Treasury of
the United States. However, for employees who were members before the first plan year
beginning after December 31, 1995, the limitation on Salary shall not be less than the mount
which was allowed to be taken into account under this article as in effect on July 1, 1993.
Surviving Spouse shall mean the lawfully wedded spouse of a member of the System living with
the member at the time of the member's death.
System means this Pension System for Disability and Retirement of Members of Police and Fire
Departments, as from time to time mended.
SECTION 2. That Miami Beach City Code, Special Related Acts, Article IX, enti~ed "Pension
System for Disability and Retirement of Members of Police and Fire Departments", Section 65
thereof entitled, "Computation of creditable service; service record", is hereby mended by
creating a subsection (d) to read as follows:
Sec. 65. Computation ofereditable service; service record.
(a)
A member's Creditable Service shall include all periods oftirae of actual work for which
wages or salaries were received by the member in the service of the fire or police
department and, notwithstanding anything to the contrary in this article, all time served in
the unclassified service of the City as provided in section 70, whether it be provisional,
probationary or regular work or employment, and whether or not such periods are
interrupted, together with all service in the uniformed services of the United States
required to be included under section 82; provided, however, that only periods of service
in the uniformed services of the United States for which the member makes the member
contributions as provided for in section 82 shall be Creditable Service for purposes of
computing the mount of the member's benefit from the System. Notwithstanding any
provision to the contrary, in no event shall the same period of service be counted morn
than once as Creditable Service under this System.
(b)
Employees who become members of this System in order to receive credit for service
rendered prior to their becoming a member shall make contributions to the Fund in the
amount such member would have contributed had he been a member during the period of
service for which credit is being pumhased. In order to receive such credit, employees
shall make payment within six months after becoming a member or within such other
period as may be provided in a bargaining agreement covering the member.
Notwithstanding the foregoing, any employee who transfers to this System whereby the
accumulated total credit in any other pension system of the City is transferred to this
System, then and in that event, all of the creditable service time in such other system shall
be considered Creditable Service time under this System, and such employee need make
no additional contribution for time credited.
(c)
The Board shall establish the service record of all employees who may be entitled to
participate in the benefits of this System, and shall keep a record thereof.
(d)
Members with 20 or more years of creditable service who are eligible to receive normal
or early retirement benefits under the System may purchase additional creditable service
under the System for up to two (2) years of full-time public safety service as a law
enforcement officer or timfighter prior to City employment, provided the member is not
entitled to receive a benefit for such service under another pension plan, and farther
provided that the member may not purchase a combined total of more than four (4) years
of creditable service for prior public safety service and prior military service. and further
subject to limitations contained in sex. 66 O). The cost for each year of creditable service
for prior Dublie safety service purchased shall be the same rate as provided in sec. 82Co)
for the Purchase of prior military service, with the cost prorated for fractional years of
service. For purposes of this purchase, an employee may use the value of accrued sick
and/or annual leave. valued at the employee's hourly rate at the time of purchase.
SECTION 3. That Miami Beach City Code, Related Special Acts, Article IX, entitled "Pension
System for Disability and Retirement of Members of Police and Fire Departments", Section 66
thereof entitled, "Service and disability benefits generally", is hereby amended by creating a
subsection (j) to read as follows:
Sec. 66. Service and disability benefits generally.
(a)
The Board shall, upon application retire members meeting any one of the following
requirements:
(1) The attainment of age 50.
(2) Permanent and total disability incurred in line of duty in the police or fire
department, or in the unclassified service as provided in section 70, irrespective of
the number of years of Creditable Service.
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(3) Permanent and total disability incurred other than in the line of duty, after five
years of Creditable Service.
(c)
(d)
(e)
(4)
The sum of the member's age and Creditable Service equals at least 70 and the
member retires on or aRer October 1, 1998.
(5)
Only for periods prior to October 1, 2000 and only in the case of a May 1993
Member, the attainment of age 55 with at least 10 years of Creditable Service.
A member, other than a May 1993 Member who retires prior to October 1, 2000, shall be
entitled to receive upon retirement under subsection (a), a monthly pension payable for
life equal to:
(1) Three percent of the member's average monthly Salary for each year of the
member's first 15 years of Creditable Service, being computed as to a part of a
year on a pro rata basis to the nearest month; plus
(2)
Four percent of the member's average monthly Salary for each year of the
member's Creditable Service in excess of 15 years, being computed as to a part of
a year on a pro rata basis to the nearest month.
A May 1993 Member who retires prior to October 1, 2000, shall be entitled to receive
upon retirement under subsection (a) a monthly pension payable for life equal to three
percent of the member's average monthly Salary for each year of the member's Creditable
Service, being computed as to part of a year on a pro rata basis to the nearest month.
For purposes of determining a member's benefit, the average monthly Salary of the
member shall be based on the average of the two highest-paid years of the member prior
to the date of retirement or termination, or the average of the last two paid years of the
member prior to the date of retirement or termination, whichever produces the greater
benefit for members employed by the City before May 19, 1993, and shall be based on
the average of the three highest paid years of the member prior to the date or retirement
or termination for May 1993 Members. For purposes of such calculation, Salary shall be
the Salary upon which the member's contribution to the System was computed. However,
with respect to a member employed before May 19, 1993, and retiring on or after October
1, 1994, the inclusion of overtime in the member's Salary for the two highest-paid years
or last two years, as the case may be, shall be limited in each year to an mount which is
equal to 70% of the difference between the member's annualized pay rate at retirement
and the highest annualized pay rate for the next higher salary rank; but in no event shall
such member's accrued benefit on his date of retirement be less than the benefit he had
accrued as of September 30, 1994, determined under the terms of the System in effect on
that date.
Notwithstanding anything in this section to the contrary, the benefits provided in this
section shall not exceed 90% of the member's average monthly Salary as defined in
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(0
(g)
subsection (d) of this section; provided, however, that the benefits for May 1993
Members shall not exceed 80% of such Salary.
The minimum pension for a member retiring for permanent and total disability under
subsection (a)(2) of this section shall be 85% of the member's Salary at the time of
disability refmcment; provided, however, that the minimum pension for a May 1993
Member shall be 75% of such Salary. The minimum pension for a May 1993 Member
retiring for permanent and total disability under subsection (a)(3) of this section shall be
50% of the member's Salary at the time of the disability retirement.
If any member eligible for benefits under this article shall terminate his employment after
having completed at least 10 years of Creditable Service but prior to attaining age 50
years (or after having completed one year of Creditable Service but before attaining age
55 and completing 10 years of Creditable Service for a May 1993 Member), and does not
withdraw his accumulated contributions in the System, such member shall be entitled to
receive upon attaining age 50 (age 55 or his termination of employment, if later, for a
May 1993 Member) a monthly pension payable for life in accordance with the provisions
of subsection (b) (or subsection (c) for a May 1993 Member) of this section; provided,
however, the benefit so determined shall be reduced for a May 1993 Member by 10%
multiplied by the difference between the member's years of Creditable Service at his date
of termination and 10. If the member dies prior to attaining age 50 (age 55 or his
termination of employment, if later, for a May 1993 Member), no benefit shall be payable
under subsection (b) (or subsection (c) for a May 1993 Member); instead, the member's
estate shall be entitled to all moneys contributed by the member to this System together
with accumulated interest on that sum at the rate of three percent per annum computed
until the date of payment to the member's estate.
(1)
Notwithstanding anything in this section to the contrary, the minimum monthly
pension payable for the life of any member who was employed prior to July 1,
1976 and who retires after attaining age 50 and completing at least 15 years of
Creditable Service or after meeting the requirements of subsection (a)(3) or (a)(4)
of this section 66 shall be equal to:
(A) Three percent of the member's average monthly Salary for each of the first
20 years of his Creditable Service, being computed as to a part of a year
on a pro rata basis to the nearest month; plus
(B)
Two and three-quarters percent of the member's average monthly Salary
for each of his years of Creditable Service in excess of 20, being computed
as to a part of a year on a pro rata basis to the nearest month.
(2)
For purposes of this subsection (h) the member's average monthly Salary shall be
the Salary upon which the member's contribution to the System was computed for
the two highest paid years of the member prior to his date of retirement.
(i)
(3)
Notwithstanding anything to the contrary, benefits provided under this subsection
(h) shall not be morn than 85% of the average monthly Salary used to compute the
benefit under this subsection.
The minimum pension for a member retiring under this subsection (h) for
permanent and total disability shall be 75% of the member's Salary at the time of
his disability retirement.
Nothing in this section shall be construed to prevent the City manager or the Board from
initiating action for the compulsory retirement of a member eligible for retirement, prior
to such age, where such member is considered to be unfit for the proper performance of
his duties because of physical or mental incapacity. Upon certification by the medical
board designated by the Board pursuant to section 760) that such member is mentally or
physically incapable of proper performance of duties, the member shall be automatically
retired. Any member who is compulsorily retired by an act of the Board shall have the
right to appeal such retirement to a court of ProPer jurisdiction. The member shall defray
his own expense in his appeal of such compulsory retirement.
Members with 20 or more years of creditable service who are eli~,ible to receive normal
or early retirement benefits under the System may also purchase uv to an additional six
percent (6%) benefit multiolier in accordance with this subsection. A member may
purchase up to an additional six oercent (6%) benefit multiplier if the additional
creditable service for prior public safety purchased pursuant to sec. 65(d) or prior military
service pursuant to sec. 82CO) does not exceed a combined total of two (2) years: and a
member may purchase an additional three percent (3%) benefit multiplier if the additional
creditable service for prior public safeW service purchased pursuant to sec. 65(d) or prior
military service vursuant to sec. 82CO) does not exceed a combined total of three (3)
years. The cost for each additional three percent (3%) benefit multiplier purchased shall
be the same as the cost for each year of prior military service purchased in accordance
with sec. 82 Co). For the purpose of this purchase, an employee may use the value of
accrued sick and/or annual leave, valued at the employee's hourly rate at the time of
purchase.
SECTION 4. That Miami Beach City Code, Related Special Acts, Article IX, entitled "Pension
System for Disability and Retirement of Members of Police and Fire Departments", Section 68,
thereof entitled, "Service-connected death benefits", is hereby amended to read as follows:
Sec. 68. Service-connected death benefits.
If any member shall lose his life while in the discharge of his duties, or shall die within five years
from injuries received while in the discharge of his duties, and shall leave a Surviving Spouse or
Domestic Partner or a child or children or one or more Dependent Parent(s), the Board shall
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authorize and direct payment of a pension to the member's Surviving Spouse or Domestic
Partner or child or children or Dependent Parent(s) as follows:
(a) To the Surviving Spouse or Domestic Partner, the greater of:
(1)
(2)
The pension to which the deceased member would have been entitled under
section 66; and
Eighty-five percent of the member's Salary at the date of his death.
(b)
If there is no Surviving Spouse or Domestic Partner, or if the Surviving Spouse remarries
or dies, or the Domestic Partner marries. enters into another Domestic Partnership, or
dies, the benefit set forth in subsection (a) of this section shall be paid in equal portions to
each child of the deceased member. However, benefits shall continue to be paid to the
member's Surviving Spouse on the Surviving Spouse's remarriage, instead of to the
member's children, if the member is killed in the line of duty. Payments under this
subsection to any child shall cease when:
(1) The child attains age18 (or age 22 in the case of a child who is a full-time student
in high school or college, in the case of a Handicapped Child ceases to be a
Handicapped Child); or
(2) The child marries or dies.
A legally adopted child shall have the same rights as a natural born child but no pension
shall be allowed to any stepchild of a deceased member or child of any Domestic Partner.
(c)
If there are no benefits payable to a child or children, the benefit set forth in subsection
(a) of this section shall be paid to the Dependent Parent of the deceased member. If
both parents are Dependent Parents, such benefit shall be shared equally.
(d)
The trusteeship and disbursement of the pension to any child or Dependent Parent
is to be determined by the Board.
(e)
The pension payments to a Surviving Spouse, Domestic Partner, children and
Dependent Parents shall not be decreased or reduced due to benefits received by
them under any workrnen's compensation law.
SECTION 5. That Miami Beach City Code, Related Special Acts, Article IX, entitled "Pension
System for Disability and Retirement of Members of Police and Fire Departments", Section 69
thereof entitled, "Nonservice-connected death benefits", is hereby mended to read as follows:
Sec. 69. Nonservice-connected death benefits.
(a)
If any member, other than a member entitled to a benefit under seclion 68, shall die after
completing five years of Creditable Service or after meeting the requirements for
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(b)
retirement under section 66, whether or not pension payments have commenced, the
Board shall authorize and direct payment to the member's Surviving Spouse or Domestic
Partner and/or child or children and/or a Dependent Parent in equal monthly installments
as follows:
(1) To the Surviving Spouse or Domestic Partner, the pension to which the deceased
member was entitled or was receiving at the time of death or would have been
entitled at the time of death under section 66 of this System, for the first 12 months,
and thereafter the greater of:
(A)(i)
Seventy-five percent of the pension payable under section 66 determined
without regard to subsection 66(h), if the member retired on or after October 1,
1988 and is not eligible for a benefit under subsection 66(h) of the System, (ii)
50% of the pension payable under this System if the member was a May 1993
Member; or (iii) the greater of 50% of the pension payable under subsection
66(h) or 75% of the pension payable under section 66 determined without
regard to subsection 66(h) if the member is eligible for a benefit under
subsection 66(h) of the System or
(B) Twenty-five pement of the member's average monthly Salary for his two highest
paid years. The monthly installments shall continue until the Surviving Spouse's
remarriage or the Domestic Partner's marriage or entry into another Domestic
Partnership. However, if the Surviving Spouse was married to the deceased
member less than 10 years, or the Domestic Partnership was registered for less
that I0 years. the benefit provided in this subsection shall be payable until
remarriage or death, but in no case longer than for the period of the normal life
expectancy of the deceased member at the time of his death, determined in
accordance with the mortality table adopted by the Board.
(2)
To the child or children or Dependent Parent(s), the provisions of section 68
governing the conditions and restrictions applicable to the administration of
pensions for children and Dependent Parents shall apply, as the case may be.
If any member, other than a member entitled to a benefit under section 68, who retired
prior to October 1, 1988 but after completing five years of Creditable Service, shall later
die from causes not attributable to his duties, the Board shall authorize and direct
payment to his Surviving Spouse or Domestic Parmer and/or child or children in equal
monthly installments as follows:
(1)
To a Surviving Spouse or Domestic Partner, the mount of the pension to which
the deceased member was entitled or was receiving at the time of death or would
have been entitled at the time of death, computed in accordance with the terms of
the System as in effect on his retirement, for the first 12 months, and thereafter
the greater of:
9
(A) Fifty percent of such pension or
(B)
Twenty-five percent of the average monthly Salary for the two highest
paid years.
The monthly installments shall continue until the Surviving Spouse's remarriage
or death. or the Domestic Partner marries, enters into another Domestic
Partnership. or dies. However, if the Surviving Spouse was married to the
deceased member less than 10 years, or the Domestic Partnership was registered
for less that 10 years, the benefit provided in this subsection shall be payable until
remarriage or death, but in no case longer than for the period of the normal life
expectancy of the deceased member at the time of his death determined in
accordance with the mortality table adopted by the Board.
(2)
To the member's children under 18 years of age, $100.00 per month; provided,
however, the benefit shall continue until the child is age 22 if the child is a full-
time student in high school or college. The combined maximum benefit payable
to the member's children shall be $200.00 per month and the combined maximum
benefit payable to the Surviving Spouse or Domestic Partner and the member's
children shall be $320.00 per month. However, this maximum limitation shall not
in any manner limit the Surviving Spouse's or Domestic Partner's benefits
provided in subparagraph (1) above. For purposes of this subparagraph, a legally
adopted child shall have the same fights as a naturally born child but no pension
shall be allowed to any stepchild of a deceased member.
SECTION 6. That Miami Beach City Code, Related Special Acts, Article IX, entitled "Pension
System for Disability and Retirement of Members of Police and Fire Departments", Section 70
thereof entitled, "Return of contribution", Subsection (a) thereof, is hereby amended to read as
follows:
Sec. 70. Return of contribution
(a)
Except as provided in subsections (b) and (c) of this section, whenever any member in the
service of either the fire or police department shall sever his connection with such
department either voluntarily or by lawful discharge, or by death not attributed to his
active duties prior to the completion of five years of membership in the department, or by
death in active service after the completion of five years of membership in the department
leaving no Surviving Spouse, Domestic Partner, children or Dependent Parents entitled to
pension benefits under this System, such member or his estate shall be entitled to the
return of all the moneys he has contributed into this System, together with accumulated
interest on the sum, at the rate of three percent per annum, computed until date of
payment to the 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 System for a
pension from the System.
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SECTION 7. That Miami Beach City Code, Related Special Acts, Article IX, entided, "Pension
System for Disability and Retirement of Members of Police and Fire Departments", Section 85
thereof entitled, "Distribution to retirement plan", is hereby amended to read as follows:
Sec. 85. Distribution to retirement plan.
(a)
Election by distributee. This section applies to distributions made on or after January 1,
1993. Notwithstanding any provision of this article to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time and in
the manner prescribed by the Board, to have any portion of an eligible rollover
distribution paid directly to an eligible retirement plan specified by the distributee in a
direct rollover.
(b)
Definitions. The following words, terms and phrases, when used in this subsection, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Direct rollover means a payment by the System to the eligible retirement plan specified
by the distributee.
Distributee includes an employee or former employee. In addition, the amployee's or
former employee's surviving spouse or domestic partner is a distributee with regard to the
interest of the spouse or domestic partner.
Eligible retirement plan means an individual retirement account described in section
408(a) of the Internal Revenue Code, an individual retirement annuity described in
section 408(b) of the Intemai Revenue Code, an annuity plan described in section 403(a)
of the Internal Revenue Code, or a qualified trust described in section 401(a) of the
Internal Revenue Code, that accepts the dislributee's eligible rollover distribution.
However, in the ease of an eligible rollover distribution to the surviving spouse or
domestic partner, an eligible retirement plan is an individual retirement account or
individual retirement annuity.
Eligible rollover distribution means any distribution of all or any portion of the balance
to the credit of the distributee; except that an eligible rollover distribution does not
include any distribution that is one of a series of substantially equal periodic payments
(not less frequently than annually) made for the life (or life expectancy) of the distributee
or the joint lives (or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period often years or more; any distribution to
the extent such distribution is required under section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable in gross income.
11
SECTION 8. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 9. SEVERABILITY.
If any section, subsection, clause, or provision of this ordinance is held invalid,
the remainder shall not be affected by such invalidiV/.
SECTION 10. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami
Beach, and it is hereby ordalned that the provisions of this ordinance shall become
and be made part of the Code of the City of Miami Beach, Florida. The sections
of this ordinance may be renumbered or re-lettered to accomplish such intention,
and the word "ordinance" may be changed to "section", "article", or other
appwpriate word.
SECTION 11. EFFECTIVE DATE.
This ordinance shall be effective Deuember 2_% 2001.
PASSED AND ADOPTED thisl g~y o eee bet
,2001.
ATTEST:
12
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIA. MI BEACH
NOTICE OF PUBLIC HEARINGS
at 11:10 a.m.:
AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION', BY AMENDING
ARTICLE fil THEREOF ENTITLED 'AGENCIES, BOARDS, AND COMMI33'EES"; BY AMENDING DIVISION 18 ENTITLED "COMMUNITY
RELATIONS BOARD"; BY AMENDING SECTION 2-190.14 ENTITLED "COMPOSITION" BY AMENDING THE MEMBERSHIP OF THE
BOARD TO INCLUDE FOUR ADDITIONAL VOTING MEMBERS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY, AND
AN EFFECTIVE DATE. RSA AN ORDINANCE AMENDING ORDINANCE NO. 1335, THE CLASSIFIED EMPLOYEES' LEAVE
~RD~NAN~E~BYAMEND1NGTHEPR~V~S~~NSF~RACCUMULATI~NANDPAYMENT~FANNUALANDS~CKLEAVEC~NT~NGENT
UP~NC~LLECT~VEBARGA~N~NGANDAPPR~VALBYTHEBARGA~N~NGUN~TSPR~~RT~IMPLEMENTATl~NF~REMPL~YEES
IN CLASSIFICATIONS GOVERNED BY UNION CONTRACTS TO THE EXTENT SUCH APPROVAL IS NECESSARy; PROVIDING FOR A
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
InquirissmaybedirectedtotheCityManage~'sOfficeat(305)673-7010.
at 11:25 a,m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE SPECIAL RELATED ACTS, ARTICLE IX, ENTITLED "CITY PENSION FUND
FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MIAMI BEACH", SECTION 62 THEREOF ENTITLED 'DEFINITIONS" TO
PROVIDE A DEFINITION OF "DOMESTIC PARTNER', AMENDING SECTION 65 THEREOF ENTITLED "COMPUTATION OF CREDITABLE
SERVICE" BY CREATING A SUBSECTION (D) FOR PURCHASE OF ADDITIONAL CREDITABLE SERVICE FOR PREVIOUS LAWI
ENFORCEMENT EXPERIENCE, AMENDING SECTION 66 THEREOF ENTITLED 'PENSION SYSTEM FOR DISABILITY AND
RETIREMENT OF MEMBERS OF POLICE AND FIRE DEPARTMENTS" BY CREATING A SUBSECTION (J) FOR PURCHASE OF UP TO
AN ADDITIONAL SIX PERCENT (6%) BENEFIT MULTIPLIER, AMENDING SECTIONS 68, 69, 70 (A), AND 85 THEREOF TO DESIGNATE
DOMESTIC PARTNERS AS POTENTIAL RECIPIENTS OF SURVIVOR BENEFITS UNDER THE PENSION PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; CODIFICATION; PROVIDING AN EFFECTIVE DATE.
at 11:30 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 78, ARTICLE II THEREOF, ENTITLED "EMPLOYEES' BENEFIT
PLAN', SECTION 78-3t THEREOF ENTITLED "DEFINITIONS" BY DEFINING "DOMESTIC PARTNER" AMENDING SECTION 78-34
ENTITLED "AGREEMENTS OF MEMBERS" TO PERMIT DOMESTIC PARTNERS AND THEIR CHILDREN TO OBTAIN HEALTH
BENEFITS, AMENDING SECTIONS 78-81 ENTITLED "GROUP HEALTH INSURANCE", SUBSECTION (E) AND 78.62 ENTITLED
'HEALTH MAINTENANCE ORGANIZATIONS (HMO)" SUBSECTION (E) TO INCLUDE DOMESTIC PARTNERS FOR INCLUSION
WITHIN THESE SECTIONS; PROVIDING FOR A REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
at 11:35 a,m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 62, ARTICLE III, ENTITLED "DOMESTIC PARTNERSHIP",
SECTION 62-128 THEREOF ENTITLED "EMPLOYEE BENEFITS" TO PROVI DE HEALTH INSURANCE BENEFITS TO CITY OF MIAMI
BEACH EMPLOYEES' FOR THEIR DOMESTIC PARTNERS; PROVIDING FOR REPBALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
at 11:40 a.m,:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2 'ADMINISTRATION", DIVISION 2 THEREOF BY CREATING
SECTION 2-460 ENTITLED 'CONTINUING APPLICATION FOR TWO YEARS AFTER CITY SERVICE"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
Inquiries may be directed to Himan Resources at (305) 673-7524.
at 3:10 p.m.:
AN ORDINANCE AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY CODE BY AMENDING DIVISION 2 THEREOF ENTITLED
"PERMIT FEES", BY AMENDING SECTION 14:65 THEREOF ENTITLED 'MECHANICAL PERMITS", BY AMENDING APPENDIX A TO
SECTION 14-65 ENTITLED "FEE SCHEDULE" TO PROVIDE FOR FEES FOR THE WITNESSING OF PERIODIC INSPECTIONS AND
ACCEPTANCE TESTS BY AN ELEVATOR INSPECTOR EMPLOYED BY THE CITY OF MIAMI BEACH ONCE EVERY YEAR AND ONCE
EVERY 5YEARS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
at 3:20 p.m.:
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION", BY
AMENDING ARTICLE VI THEREOF ENTITLED 'PROCUREMENT", BY AMENDING DIVISION 3 ENTITLED "CONTRACT
PROCEDURES", BY AMENDING SECTION 2-369; SAID AMENDMENT ALLOWING THE CITY MANAGER AUTHORITY TO APPROVE
PURCHASES OF GOODS AND SERVICES UNDER CONTRACTS AWARDED BY OTHER MUNICIPALITIES IN THE STATE;
PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the ProcureineRt Department at (305) 673-7490.
Pursuant to Section 286.0105, Fla. Stat., the City I~ereby advises the putfiic that: if a person decides to appeal any decision made by the
City Commission with respec~ to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is t0 be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise inedmisoibta or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, bersens needing special accommodation to participate in this proceeding
should contact the City Clerk's office no later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing-
impaired, telephone the Florida Relay Service numbers, (800) 955.6771 (TDD) or (800) 955-8770 (VOICE), for sesrstance.
.............. AD #00~8
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
~ ;o°.rn%~o~.i?.r".°;;i"o'~ ::.~;~', ,"~; ~,~'c~ ~dn~j*~,~'.~.rns"~o~."le se~,ce, end an add~ional six
I,ue:
Shall the City of Miarni Beach add Domestic Partners, two years additional creditable service, and an
additional six percent (6%) multiplier pension benefit for the Police and Fire Pension?
Item Summary/Recommendation:
Adopt the Ordinance on the second and final reading. The voters of the City of Miarni Beach passed a
referendum to amend the Police and Fire Pension Fund. This Ordinance will amend the Police and Fire
Pension Fund by allowing two (2) years creditable service for previous law enforcement experience, a six
percent (6%) multiplier in their pension plan, and beneficiary and survivor benefits for domestic partners.
AdvleoW Board Recommendation:
N/A
FInancial InformaUon:
Amount to be expended:
Source
Funds:
Finance Dept.
DATe
CITY OF MIAMI BEACH
CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach .fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Definer and DATE: December 19, 2001
Memt~rs of the City Commission
Jorge M. Oonzalez '1 C~'
City Manager SECOND READING - PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE SPECIAL RELATED ACTS, ARTICLE IX, ENTITLED "CITY
PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE
CITY OF MIAMI BEACH", SECTION 62 THEREOF ENTITLED
"DEFINITIONS" TO PROVIDE A DEFINITION OF "DOMESTIC
PARTNER", AMENDING SECTION 65 THEREOF ENTITLED
"COMPUTATION OF CREDITABLE SERVICE" BY CREATING A
SUBSECTION (d) FOR PURCHASE OF ADDITIONAL CREDITABLE
SERVICE FOR PREVIOUS LAW ENFORCEMENT EXPERIENCE,
AMENDING SECTION 66 THEREOF ENTITLED "PENSION SYSTEM FOR
DISABILITY AND RETIREMENT OF MEMBERS OF POLICE AND FIRE
DEPARTMENTS" BY CREATING A SUBSECTION (j) FOR PURCHASE OF
UP TO AN ADDITIONAL SIX PERCENT (6%) BENEFIT MULTIPLIER,
AMENDING SECTIONS 68, 69, 70(a), AND 85 THEREOF TO DESIGNATE
DOMESTIC PARTNERS AS POTENTIAL RECIPIENTS OF SURVIVOR
BENEFITS UNDER THE PENSION PLAN; PROVIDING A REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Approve the Ordinance on second and final reading.
ANALYSIS:
On November 6, 2001, the voters of Miami Beach passed a referendum to amend the City of Miami
Beach' s Pension Fund for Firefighters and Police Officers.
1) It allowed Police Officers and Firefighters to purchase up to two (2) years additional creditable
service for previous experience as a Firefighter or Police Officer, in their pension plan. The
current plan does not allow any creditable service time for previous experience.
Commission Memorandum
DECEMBER 19, 2001 COMMISSION MEETING
Page 2
2) It allowed Police Officers and Firefighters to purchase and additional six percent (6%) multiplier
in their pension plan which benefit would be equivalent to a pension increase of two (2) years
of service.
3) It included beneficiary and survivor benefits for domestic partners under the Police and Fire
Pension. The definition of domestic partner is defined as a committed relationship between two
(2) persons who consider themselves as a member of each others immediate family and have
registered their partnership with the City pursuant to procedures established by the Domestic
Partner Ordinance.
Items 1 and 2 have already been negotiated with Fraternal Order of Police CFOP) and Miami Beach
Firefighters International Association of Firefighters (IAFF). The domestic partner provision will
be negotiated with FOP and IAFF before it is implemented.
CONCLUSION
It is in the City' s best interest to implement the Ordinance by mending the City of Miami Beach's
Pension Fund for Firefighters and Police Officers in order to allow two (2) years creditable service
for previous law enfomement experience, a six percent (6%) multiplier, and beneficiary and survivor
benefits for domestic partners.