HomeMy WebLinkAboutOrdinance 2026-48082026-4808
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE
IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE
ENTITLED "PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF
MEMBERS OF POLICE AND FIRE DEPARTMENTS"; AMENDING SECTION
62, "DEFINITIONS", ADDING DEFINITION FOR POLICE MANAGEMENT
EMPLOYEES; AMENDING SECTION 79, ENTITLED "DEFERRED
RETIREMENT OPTION PLAN (DROP)', RELATED TO THE MAXIMUM
DROP PARTICIPATION PERIOD; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH; CODIFICATION; SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Administration seeks to extend participation in the deferred retirement
option program (DROP) from 8 years (96 months) to 10 years (120) months for Police
Management Employees as this term is defined; and
WHEREAS, extending the DROP for encourages continuity of valuable and proven
leadership of the department.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Article IX, Related Special Acts of the Miami Beach City Code, is amended to read:
ARTICLE IX. - PENSION SYSTEM FOR DISABILITY AND RETIREMENT
OF MEMBERS OF POLICE AND FIRE DEPARTMENTS
Sec. 62. — Definitions
Police Management Employee means any police officer Member, whose employment with
the City is in the unclassified service with a rank of Chief of Police.
Sec. 79. - Deferred Retirement Option Plan (DROP)
(a) Eligibility. Any active member of the System may enter into the DROP on the first day
of any month following the date upon which the member first becomes eligible for a
normal service retirement, subject to the provisions of this section 79.
(b) Conditions of eligibility. Upon becoming eligible to participate in the DROP, a member
who enters the DROP before September 1, 2012, may elect to enter that program for
a period not to exceed 36 months. Notwithstanding, DROP participation for members
who enter the DROP before September 1, 2012, may not continue beyond the date
when the members combined years of creditable service and time in the DROP
equals 352 months (387 months for members who were members prior to July 1,
1976). Members who enter the DROP on or after September 1, 2012, shall be eligible
to participate for a period not to exceed sixty (60) months. Notwithstanding, for those
members who enter the DROP on or after September 1, 2012, participation may not
continue beyond the date when the members combined years of creditable service
and time in the DROP equals 456 months. Provided, members who enter the DROP
on or before September 30, 2015, may extend their DROP participation period by 12
months, for a total maximum DROP participation period not to exceed seventy-two
(72) months; provided further, members who enter the DROP on or after October 1,
2015, but priorto June 8, 2016 for International Association of Firefighters, Local 1510
(IAFF) and July 20, 2016 Fraternal Order of Police, William Nichols Lodge No. 8
(FOP), may extend their DROP participation period by up to 36 months, for a total
maximum DROP participation period not to exceed ninety-six (96) months; and
provided further, members who enter the DROP on or after June 8, 2016 for
International Association of Firefighters, Local 1510 (IAFF) and July 20, 2016
Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) may participate in the
DROP for a period not to exceed ninety-six (96) months. Notwithstanding any other
provision of this subsection (b), members in the bargaining units represented by
International Association of Firefighters, Local 1510 (IAFF), who entered the DROP
on or after June 8, 2016, but prior to November 30, 2024, may extend their DROP
participation period by up to twenty-four (24) months, for a total maximum DROP
participation period not to exceed one hundred twenty (120) months; and provided
further, such bargaining unit members who enter the DROP on or after November 30,
2024 may participate in the DROP for a period not to exceed one hundred twenty
(120) months. Notwithstanding any other provision of this subsection (b). a Police
Management Employee who is participating in the DROP on [insert effective date of
also that participation in DROP shall require the member to complete and submit the
following prior to start of DROP payments:
1. Such forms as may be required by the Board or Plan Administrator. Election of
the DROP is irrevocable once DROP payments begin. Members in the
bargaining units represented by International Association of Firefighters, Local
1510 (IAFF) who are participating in the DROP on November 30, 2024 and elect
to extend their DROP participation period must complete such fortes as are
required by the Board no later than February 20, 2025. Police Management
49374736-4238, v. 1 (rev 030626)
2. A waiver and an irrevocable resignation from employment with the actual date of
termination being the date designated by the member as the end of his/her
DROP participation. The administration and timing of execution and delivery of
the waiver and resignation forms shall meet the requirements of the Age
Discrimination in Employment Act and the Older Worker's Benefits Protection
Act, as same may be amended from time to time.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are
hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of this
Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended;
that the sections of this Ordinance may be re -numbered or re -lettered to accomplish such
intention; and that the word "ordinance" may be changed to "section' or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE. ;��
This Ordinance shall take effect ten days following adoption. iINCONF 0 TED,,
4'ts4. F9\hp
PASSED and ADOPTED this 1 8 day of MAn crf , 2026. •'•�'CH 2^:
ATTEST:
/ 0/ MAR 2 0 2026
Rafael E. Granado, City Clerk
Steven Meiner, Mayor
(Sponsored by: Commissioner Alex Fernandez, Mayor Steven Meiner, Commissioner Tanya K.
Bhatt, Commissioner Laura Dominguez, Commissioner Joseph Magazine, Commissioner Monica
Matteo-Salinas, and Commissioner David Suarez)
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
S�zo 6
CityAtW W Date
4937-4736-4238, v. 1 (rev 030526)
Ordinances -R51
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: March 18, 2026 9:55 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX,
RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED
"PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF
POLICE AND FIRE DEPARTMENTS", AMENDING SECTION 62, "DEFINITIONS",
ADDING DEFINITION FOR POLICE MANAGEMENT EMPLOYEES; AMENDING
SECTION 79, ENTITLED "DEFERRED RETIREMENT OPTION PLAN (DROP)",
RELATED TO THE MAXIMUM DROP PARTICIPATION PERIOD; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; CODIFICATION;
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
The Administration recommends adoption of the Ordinance.
BACKGROUND/HISTORY
Since 2016, Police officer members have been able to join the Deferred Retirement Option Plan
("DROP") upon reaching normal retirement for a maximum period of eight (8) years. The proposed
ordinance seeks to extend the DROP period for the current Chief of Police from eight (8) years to
ten (10) years. The proposed ordinance defines the term "Police Management Employees" to
include the Chief of Police only making the current Chief eligible to extend his DROP from eight
to ten years upon request within 30 days from the end of his DROP participation period. The
Chiefs DROP cutoff date is August 31, 2026. There are no other present Police employees
eligible for this extension nor does the proposal contemplate there being any future eligible Police
employees.
ANALYSIS
The DROP program generally encourages police officers to commit to a longer career with
the city beyond normal retirement age, which, since July 2019, for new hires can be as early
as age 52 with five years of creditable pension service. A more stable workforce benefits the
Department and the City because retaining greater law enforcement experience within the
force translates to the delivery of high -quality services. By the same token, extending the
DROP for the Chief of Police will enable Administration to retain an experienced and proven
leader at the helm of the Department.
The proposed ordinance has no financial impact on the City's funding obligation of the Police
Officers' Pension Plan as determined by Gabriel, Roeder, Smith, the Plan's actuary. A copy
of the actuary's opinion is provided.
747 of 1677
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 3/512026
See SHE at: https:i/www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable.
CONCLUSION
The Administration recommends the adoption of this ordinance extending the DROP for the
Chief of Police from eight to ten years.
Applicable Area
Citywide
Is this a 'Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially reauested by a lobbyist which. as defined in Code Sec. 2-481.
includes a Drincipal enaaaed in lobbvina? No
If so, specify the name of lobbyist(s) and principal(s)
Department
Human Resources
Sponsor(s)
Commissioner Alex Fernandez
Mayor Steven Memer
Commissioner Tanya K. Bhatt
Commissioner Laura Dominguez
Commissioner Joseph Magazine
Commissioner Monica Ma0eo-Salinas
Commissioner David Suarez
Co-sponsor(s)
Condensed Title
9:55 a.m. 2nd Rdg, Extend DROP for Police Chief. (AF-SM-TB-LD-JM-MMS-DS) HR
Previous Action (For City Clerk Use Only)
748 of 1677
First Reading Public Hearing on 2/25/2026 - R5 U
749 of 1677
P: 954.5271616 F. 954.5250083 ,.....g.,w�s�in��.com
February 18, 2026
Ms. Lorena Bravo
Assistant Director, Human Resources Department
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Actuarial Impact Statement
Dear Ms. Bravo:
As requested, we have performed an actuarial review of the attached proposed Ordinance under the City
Pension Fund for Firefighters and Police Officers in the City of Miami Beach.
Based upon our review, we understand the proposed Ordinance:
Amends Section 62, to add the definition of a Police Management Employee.
Amends Section 79, to increase the maximum DROP participation period to 120 months
for Police Management Employees with prior written authorization.
Provides for codification.
Provides for severability.
Repeals all Ordinances or parts of Ordinances in conflict herewith.
Provides for an effective date.
In our opinion, based upon the actuarial assumptions and methods employed in the October 1, 2024
Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under State funding requirements.
If you should have any question concerning the above or if we may be of further assistance with this matter,
please do not hesitate to contact us.
Sincerest regards,
Gabriel, Roeder, Smith & Company
Shelly L. Jones, A.S.A., E.A., F.C.A., M.A.A.A.
Consultant and Actuary
Enclosure
cc: Ms. Donna Brito
Mr. Frank Estevez