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Home My WebLink About2003-25316 Reso RESOLUTION NO. 2003-25316 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2003-25296, CALLING FOR A NOVEMBER 4, 2003 SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION AMENDING CITY OF MIAMI BEACH PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS REGARDING DESIGNATION OF BENEFICIARY AND NORMAL FORM OF BENEFIT. WHEREAS, on July 30, 2003 the Miami Beach City Commission passed its Resolution No. 2003-25296, calling for a November 4,2003 Special Election to present to the City's voters a question amending the City's Pension Fund for Firefighters and Police regarding designation of beneficiary and normal form of benefit; and WHEREAS, said Resolution is hereby repealed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that City of Miami Beach Resolution No. 2003-25296 calling for November 4, 2003 Special Election for the purpose of subplitting to the electorate ofthe City of Miami Beach a question amending the City of Miami Beach Pension Fund for Firefighters and Police Officers regarding designation of beneficiary and normal form of benefit is hereby repealed in its entirety. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ~ day of , 2003. ATTEST: "'< 'W.~'- ~~r~ CITY CLERK APPROV!D AlTO FORM a LANGUAGI &FQR EXECUTIOH JKOIED F:latto\OLD\ELECTION\RESO\Pension Fund Fire and Police (3).doc ~ ~l.~' 2) 1 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution calling for a Special Election on November 4, 2003 to submit to the voters a question asking whether sections of Article IX of the Related Special Acts should be amended as it relates to the City's Pension Fund for City Firefighters and Police for benefit enhancements and a Resolution repealing Resolution No. 2003-25296. Issue: Should the City submit to referendum the question of amending the language in Article IX as it relates to the City's Pension Fund for City Firefighters and Police Officers to enhance the benefits related to providing a "ten-years certain and life" benefit and expanding the definition of those individuals who can be appointed to be a beneficiary to receive optional survivor benefits? This question would replace the ballot question approved by Resolution No. 2003-25296 on July 30,2003 that included language "contingent on approval of the enhanced funding agreement by the Florida Division of Retirement". The Division has said that they will not approve that fundinQ aQreement. Item Summary/Recommendation: The Administration recommends that the City Commission adopt the Resolution and authorize the Special Election to be held on November 4,2003 for the purpose of submitting this question to the electorate, and repealing the resolution that included" contingent on approval of the enhanced funding agreement by the Florida Division of Retirement". IAdviSOry Board Recommendation: Financial Information: Source of Amount , Account . Approved Funds: 1 D 2 3 , ,.. 4 Finance Dept. ToteU City Clerk's Office Legislative Tracking: I Assistant City Manager ?;J)vf7/.3<<" t4, C1C'.t'(./~6(,~_ City Manager ( fl..1C I ; AGENDA ITEM t.. 7c2 DATE 9-1~{)3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: September 4,2003 Members of the City Commission Jorge M. Gonzalez ~.' _ . .::-;<--- City Manager . ""v-- ( ) I ',/ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4,2003, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER ARTICLE IX OF THE CITY'S RELATED SPECIAL ACTS REGARDING THE CITY'S PENSION FUND FOR CITY FIREFIGHTERS AND POLICE OFFICERS SHOULD BE AMENDED, CONTINGENT ON APPROVAL OF THE ENHANCED FUNDING AGREEMENT BY THE FLORIDA DIVISION OF RETIRiMENT, TOALLOW SUCH PENSION FUND MEMBERS TO DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL SURVIVOR BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR MEMBERS WITH A MINIMUM TEN YEAR PAYMENT PERIOD AS THE NORMAL FORM OF BENEFIT? A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2003-25296, CALLING FOR NOVEMBER 4,2003 SPECIAL ELECTION FOR PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION AMENDING CITY OF MIAMI BEACH PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS REGARDING DESIGNATION OF BENEFICIARY AND NORMAL FORM OF BENEFIT. ADMINISTRATION RECOMMENDATION: Adopt the Resolutions. ANALYSIS: As a result of the Florida Division of Retirements intent to reject the June 30, 2003 Enhanced Funding Agreement by and between the City, the City Pension Fund for Firefighters and Police Officers, the Firefighters Relief and Pension Fund (175), the Police Officers' Relief and Pension Fund (185), the Fraternal Order of Police (FOP) and the I nternational Association of Firefighters (IAFF) approved by the City Commission on July 2, 2003, the City is repealing the ballot question that was approved at the July 30, 2003 Commission meeting. This question included the language "contingent on approval of the Enhanced Benefit Funding Agreement". The City would like to re-state the ballot question, without the aforementioned language. In addition, the Trustees for the City's Pension Fund for City Firefighter's and Police Officer's, the Trustees for the Firemen's Relief and Pension Fund, the Trustees for the Policemen's Relief and Pension Fund, the Fraternal Order of Police, and the International Association of Firefighters have requested that the Enhanced Funding Agreement approved by the City Commission at the July 2,2003 meeting be voided. The Firemen's Relief and Pension Fund and the Policemen's Relief and Pension Fund have submitted subsequent funding letters (Attachments A & B). Language to amend Article IX of the City Charter (Pension System for Disability and Retirement of Members of the Police and Fire Departments), providing for members to designate a beneficiary to receive optional survivor benefits and to provide a lifetime benefit for members with a minimum ten year payment period as the normal form of benefit, shall be submitted to referendum on November 4, 2003 and shall take effect upon approval of the electorate and Ordinance of the City Commission. The City feels that this revision is part of the collective bargaining agreement and that a referendum is not required by Law. However, the Pension Board attorney has requested a referendum to determine the will of the voters. CONCLUSION: The Administration recommends that the City Commission repeal the Resolution approving the initial ballot question that included the language "contingent on approval of the Enhanced Benefit Funding Agreement by the Florida Division of Retirement, adopt a new Resolution to issue the ballot question to approve the stated amendment to Article IX of the City's Related Special Acts and authorize a special election to be held in the City of Miami Beach, Florida on November 4, 2003, for the purpose of submitting this question to the electorate. JMG:MDB:TCA:pah F:\HUIM\$aIIlCOMM-ME!HlaI1oI reso REVISED ~FIre & Police PensionEnhanced Benelils Memo.doc MIAMI BEACH FIREMEN'S RELIEF AND PENSION FUND 2300 PINE TREE DRIVE MIAMI BEACH, FLORIDA 33140 August 18, 2003 Jorge M. Gonzalez, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Miami Beach Firemen's Relief and Pension Fund Dear Mr. Gonzalez: This letter will confirm our understanding concerning the proposed amendment to the City's Pension Fund for City Firefighters and Police Officers. Said amendment would allow pension fund members to designate a beneficiary to receive optional survivor benefits and to provide a lifetime benefit for members with a minimum ten year payment period as the normal form of benefit. As required by law, the cost of said amendments will be paid for by us to the extent that additional premium tax revenues are available therefor, but in no event more than the cost of said amendments. This procedure will be followed on an annual basis, and no monies will be paid to participants until such time as the foregoing payments are first made. Very truly yours, Lee Amato, Chairman in:tachment A ~ MIAMI BEACH POLICEMEN'S RELIEF AND PENSION FUND 999 11TH STREET MIAMI BEACH, FLORIDA 33139 August 18, 2003 o c..:> Jorge M. Gonzalez, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 :~ {~,.; ".- <..Ii , , _. -'. Re: Miami Beach Policemen's Relief and Pension Fund '" en Dear Mr. Gonzalez: This letter will confinn our understanding concerning the proposed amendment to the City's Pension Fund for City Firefighters and Police Officers. Said amendment would allow pension fund members to designate a beneficiary to receive optional survivor benefits and to provide a lifetime benefit for members with a minimum ten year payment period as the nonnal fonn of benefit. As required by law, the cost of said amendments will be paid for by us to the extent that additional premium tax revenues are available therefor, but in no event more than the cost of said amendments. This procedure will be followed on an annual basis, and no monies will be paid to participants until such time as the foregoing payments are first made. Very truly yours, t..~'-: BOARD OF TRUSTEES OF THE MIAMI BEACH POLICEMEN'S RELIEF AND PE SION FUND . r\ t } ; I Robert J "..';- . ~,.~ Attachment B