2002-3369 ORD
ORDINANCE NO. 2002-3369
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 1901 WIllCH CREATED THE
RETIREMENT SYSTEM FOR GENERAL EMPLOYEES BY
AMENDING SECTION 5.09, "POST RETIREMENT
ADJUSTMENTS" PARAGRAPHS (b) AND (d), THEREOF TO
ALLOW FOR INCREASING THE ANNUAL IMPROVEMENT
FACTOR AT A COMPOUNDED RATE OF TWO AND ONE-
HALF PERCENT FOR EMPLOYEES WITHIN THE
CLASSIFICATIONS COVERED BY THE "GSA", "AFSCME"
AND "CW A" BARGAINING UNITS, OR ANY EMPLOYEE
WITHIN THE CLASSIFICATIONS OF THE GROUP
"OTHERS", RETROACTIVE TO OCTOBER 2, 2000;
PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, certain provisions of Ordinance No. 1901 which created the General
Employees Pension System ("System") are in need of amendment for Employees within the
classifications covered by the Government Supervisors Association of Florida, Local 100 ("GSA"),
the American Federation of State, County and Municipal Employees, Local 1554 ("AFSCME"), the
Communication Workers of America ("CW A") Bargaining Units, or any Employee within the
classifications of the group "Others" who retire on or after October 2,2000, and for anyone who is
in the System as a Vested Termination on or after October 2, 2000, to allow for the annual
improvement factor to be increased to two and one-half percent (2.5%) compounded; and
WHEREAS, the City has bargained collectively with the "GSA", "AFSCME" and "CW A"
Bargaining Units and has included Employees within the classifications of "Others" and anyone who
is in the System as a Vested Termination.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
1
SECTION 1. AMENDMENT OF SECTION 5.09.
That Section 5.09 of Article 5, entitled "Benefits" of the City of Miami Beach Ordinance No.
1901, paragraphs (a) and (d) are hereby amended to read as follows:
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) (1) "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 ofa Member, whichever is applicable,
with respect to benefits which commenced on or after the effective date of this
Ordinance.
(2) Notwithstanding the above subsections, for any person who is a Retirant or Pensioner
on or before October 1, 2000, the "Improvement Factor" for the purpose of this
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Section 5.09 means an increase of two and one-half per centum (2-1/2%) per annum
in retirement allowances or pensions for each year commencing on October 1, 2000,
to be applied upon 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 be compounded, and shall be applied
to the retirement allowance or pension payable as the result of the retirement,
termination or death of a Member, whichever is applicable.
ill Notwithstanding the above subsections. for any Employee who is a Member of the
"GSA", "AFSCME" or "CWA" Bargaining Units or any Employee within the
classifications of the gr01~p "Others" and retires on or after October 2.2000. and for
anyone who is in the System as a Vested Termination on or after October 2. 2000, the
"Improvement Factor" for the pm:pose of this Section 5.09 means an increase of two
and one-half per centum (2-1/2%) per annum in retirement allowances or pensions
commencing on or after October 2, 2000, to be applied each year u,pon the
com..pletion of one full year after the commencement date of the retirement allowance
or, ifap,plicable, to pensions payable as the result of the death ofa Member prior to
his retirement. one full year after the commencement date of the pension. The
Improvement Factor shall be compounded. and shall be applied to the retirement
allowance or pension payable as the result of the retirement. termination or death of
a Member. whichever is ap..plicable.
(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.
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(d) (1) 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.
(2) Notwithstanding the above subsections, upon the death of a Retirant who retired on
or before October 1, 2000, 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. The "Improvement Factor" of two and one-half per centum (2-1/2%) per
annum shall be compounded, and shall be applied to the pension payable to the
beneficiary as of the date ofthe Retirant's death.
m Notwithstandin~ the above subsections. upon the death of a Retirant who was a
Member of the "GSA", "AFSCME" or "CW A" Bargaining Units or any Employee
within the classifications of the woup "Others" and retired on or after October 2.
2000, the pension payable thereafter to his dependent beneficiaty shall be based on
the retirement allowance payable as of the date of such death. includin~ the benefit
improvements wanted in accordance with this Section 5.09. The "Improvement
Factor" of two and one-half per centum (2-1/2%) per annum shall be compounded.
and shall be applied to the pension payable to the beneficiary as of the date of the
Retirant's death.
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SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith shall be and the
same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall be retroactive to the 2nd day of October, 2000.
PASSED AND ADOPrED this 29t!lb
,2002.
AITEST:
~(f6A~
CITY CLERK
indicates deletion
indicates addition
1st reading 5/8/02
2nd reading 5/29/02.
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City OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS .1IEREBY given that pUblic hearings will, be held by ths Mayor and City 1
Commission of the City of Miami Beach, Florida, In the Commission Chambers, 3rt! floor, ,~
City Hall, 1700 Convention Center Drive, Miami Beach,1'IorIda, on Wednesday, May 29,
2002, at the times listed below, to consider the following on first reading:
at 10:40 a.m.:. .
AN ORDiNANCE AMENDING SECTION S2-411(D) OF THE MIAMI BEACH CITY CODE,
ENTiTLED "PROHIBiTED SIGNS GENERALLY; EXEMPTIONS; BANNERS; REMOVAL"; SAID
AMENDMENT AUTHORiZiNG THE ADMINISTRATION TOJ\PPROVE THE PLACEMENT OF UGHT
POLE BANNERS FOR EVENTS TAKING PLACE IN THE CiTY OF MiAMi BEACH; PROVIDED
FURTHER, HOWEVER, THAT REQUESTS FOR UGHT POLE BANNERS TO PROMOTE EVENTS
OUTSIDE THE CITY OF MIAMi BEACH SHALL BE APPROVED BY THE CiTY COMMISSiON;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
Inquiries may be directed to the cUltural Affairs & Tourism Development at (305) 673-7577.
at 10:46 a.m.: ..., _ _ . '.
N ORDINANCE AMENDING ORDINANCE NO. 1901 WHICH CREATED THE RETIREMENT
SYSTEM FOR GENERAL EMPLOYEES BY AMENDING SECTION 5.09, "POST RETIREMENT
ADJUSTMENTS" PARAGRAPHS (B) AND (0), THEREOF TO ALLOW FOR INCREASING THE
ANNUAL IMPROVEMENT FACTOR AT A COMPOUNDED RATE OF TWO AND ONE-HAlF
PERCENT FOR EMPLOYEES WITHIN THE ClASSIFICATIONS COVERED BY THE "GSA,"
"AFSCMEa AND "ONPr BARGAINING UNITS,ORANY EMPLOYEE WITHIN THE
ClASSlRCATIONS OF THE GROUP-"OTHERS," RETROACTIVE TO OCTOBER 2, 2000;
PROVIDING FOR REPEALER; SEVERABIUTY; AND AN EFFEC1lVE DATE. . .... .
Inquiries may be dir~d to the Hl!man Resources at (305) ~73-7~4.
ALL INTERESTED PARTIES are Invited to ~ at this meeting, or be represented-by an
agent, or to express their views In writing addressed to the City_ Commission, c/o the City
Clerk, 1700 Convention Center Drive, 1St Floor, City Hall, Miami: Beach, RQrida 33139. .,
Copies of these ordinances are available 10r public Inspectionduring'normal business hours . i
in the City Clerk's Offlce, 1700 Convention Center Drive, 1St Roor, CIty-Hall, Miami Beach, .iJ
Florida 33139. This meeting may be continued' and l!nderSUCh circumstances additional
legal notice would not be provided. -. - - - .-' -." -
Robert E. Parcher, CItY Clerk _
_. CIty of Miami Beach , ','
Pursuant to Section' 286.01 05, Ra. $tal, the CIty' hereby advises the publiC that If a person
decides to appeal any decision made by the City Commlsslon- with respect to any matter
considered at Its meeting or Its hearing; such person must ensure that a verbatim record of
the proceedings is made, which .FeCOrd nicludeS the testimony and evidence upon which
the appeal Is . to be based, This notice does not. constitute consent by the City. for the
introduction or admission of othelwlse Inadmissible or irrelevant evidence, nor does It
authorize challengesorappeaJs not other\VisealJo:Nedby laY,l," , ~ -
In accordance with the -Aniericai1s With Disabilities ACt 0; 1990, persons needing speCial
accommodation to participate In this procsedlng should contact tl)e City Clerk's office no
later than four days prior to the proceedilig, telephone (305) 673-7411 for assistance; If
hearing Impaired, telephone the RorIda Relay ServIce numbers, (SDO} 955-Sn1(TDD) or
(800)~55-S770 (VOI~, for~stance.- . -"~";~'-'; :<'-"c~:_' 14&
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
An Ordinance amending the Post Retirement Adjustments to allow for a compounded rate of two and one-
half percent in annual improvement factor for GSA, cWA, and AFSCME bargaining unit members and any
em 10 ee within the classifications of the rou "Others..
Issue:
Shall the City of Miami Beach increase the Post Retirement Adjustments to allow for a compounded rate
of two and one-half percent annual improvement factor in for GSA, CW A, and AFSCME bargaining unit
members and any employee within the classifications of the group .Others"?
Item SummarylRecommendatlon:
Approve the Ordinance on second and final reading. It is in the City's best interest to implement the
Ordinance by amending the City of Miami Beach's Pension Fund for General Employees to increase the
improvement factor to two and one-half percent (2.5%) for GSA, CW A, and AFSCME bargaining unit
members and any employee within the classifications of the group "Others". These changes are part of
"GSA", "CWA", and "AFSCME" collective bargaining agreements.
Advisory Board Recommendation:
I
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
F:\HUMAILABORRELWPMCorrrnIselon Memos\OrdlnancesIPCl8t RetiI'8l'l'Wll Adjuelment Item Sunmery.doc
AGENDA ITEM j( s8
DATE f- t19-de9....
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
CITY OF MIAMI BEACH
To:
COMMISSION MEMORANDUM
Mayor David Oermer and
Members of the City Commission
Date: May 29, 2002
Jorge M. Gonzalez
City Manager \ . J\ W SECOND READING
O~v 0 PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1901 WHICH
CREATED THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES BY
AMENDING SECTION 5.09, "POST RETIREMENT ADJUSTMENTS"
PARAGRAPHS (b) AND (d), THEREOF TO ALLOW FOR INCREASING
THE ANNUAL IMPROVEMENT FACTOR AT A COMPOUNDED RATE OF
TWO AND ONE-HALF PERCENT FOR EMPLOYEES WITHIN THE
CLASSIFICATIONS COVERED BY THE "GSA" "CWA" AND "AFSCME"
BARGAINING UNITS AND ANY EMPLOYEE WITHIN THE
CLASSIFICATIONS OF THE GROUP "OTHERS", RETROACTIVE TO
OCTOBER 2, 2000; PROVIDING FOR REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
From:
Subject:
Adopt the Ordinance on the second and final reading.
ANALYSIS
That Section 5.09 of Article 5, entitled "Benefits" ofthe City of Miami Beach Ordinance No.
1901, paragraphs (a) and (d) are hereby amended to read as follows:
(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) (3) NotwithstandinQ the above subsections, for any Employee who is a Member ofthe
"GSA" "CWA", or "AFSCME" BarQaininQ units or any employee within the classification of
the Qroup "Others", and retires after October 2. 2000, the "Improvement Factor" for the
purpose of this Section 5.09 means an increase of two and one half per centum (2-%%)
per annum in retirement allowances or pensions commencinQ on or after October 2, 2000,
to be applied each year upon the completion of one full year after the commencement date
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Commission Memorandum
MAY 29, 2002 COMMISSION MEETING
Page 2
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 be compounded, and shall be applied to the
retirement allowance or pension payable as the result of the retirement. termination or
death of a Member, whichever is applicable.
This change for retirees was already made on September 13,2000. This change will allow
active employees who retire after October 1, 2000, the same benefit. It will also allow this
increase for anyone who is in the system as a vested termination on or after October 2,
2002. In other words after this Ordinance is adopted, everyone in the Retirement System
for General Employees, including active employees and retirees will receive a 2.5%
compounded Improvement Factor.
CONCLUSION
Approve the Ordinance on second and final reading. It is in the City's best interest to
implement the Ordinance by amending the City of Miami Beach's Pension Fund for
General Employees to increase the improvement factor to two and one-half percent (2.5%)
for GSA, CWA, and AFSCME Bargaining Units and any employee within the classification
of the group "Others". This has provision has already been approved by GSA and
AFSCME Bargaining Units and is part of their collective bargaining agreements. This
Ordinance implements this section of the collective bargaining agreements for "GSA",
"CWA", and "AFSCME".
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