O-2025-011
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ORDINANCE NO. 2025-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
MIAMI SHORES VILLAGE, FLORIDA, AMENDING
CHAPTER 18, PERSONNEL, ARTICLE III, GENERAL
EMPLOYEES PENSION PLAN, AMENDING SECTION 18-
38, DEFINITIONS; AMENDING SECTION 18-43,
MEMBERSHIP; AMENDING SECTION 18-45,
CREDITABLE SERVICE; AMENDING SECTION 18-46,
SERVICE RETIREMENT ANNUITY; AMENDING SECTION
18-51, VESTING; AMENDING SECTION 18-63,DEFERRED
RETIREMENT OPTION PLAN; PROVIDING
FORCONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council of Miami Shores Village, Florida (the "Village")
finds it periodically necessary to amend its Code of Ordinances (the "Village Code") to
update regulations and procedures to implement municipal goals and objectives; and
WHEREAS, the Village has a retirement system that provide for the payment of
benefits to its general employee and police retirees; and
WHEREAS, it is necessary to amend the General Employees' Pension Plan to
establish new regulations applicable to employees hired on or after October 1, 2024, in
order to ensure the sustainability and long-term viability of the pension plan; and
WHEREAS, the Village Council has reviewed the proposed amendments and
found it to be in the best interest and welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS1:
1 Coding: Strikethreugh-werds are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with Is tail( e and doubt riderling.
Miami Shores Village Ordinance 2025-01
31 Section 1. Recitals Adopted., That the above stated recitals are hereby
32 adopted and confirmed.
33 Section 2. Amendment to the Village Code., Chapter 18, "Personnel," Article
34 III, "General Employee Pension Plan," Section 18-38 of the Village Code of Ordinances
35 is hereby amended as follows:
36 Sec. 18-38. — Definitions.
37 ***
38 Member means an active employee included in the membership of the plan,
39 or any former employee who shall have made contributions to the plan and shall not have
Q received a refund, except that no employee hired prior to October 1, 2024_shall be
41 included as a member unless the employee has completed at least one year of continuous
42 service.
43 ***
44 Section 3. Amendment to the Village Code., Chapter 18, "Personnel," Article
45 III, "General Employee Pension Plan," Section 18-34 of the Village Code of Ordinances
46 is hereby amended as follows:
47
48 Sec. 18-43. — Membership.
49
50 (a) Eligibility.
51
52 (1) All employees in service on the effective date of the plan that have one year of
53 service are deemed to be members as of that date.
54
55 (2) Any person who becomes an employee after June 21, 1988_and prior to
56 October 1, 2024, shall, upon completion of one year of continuous service,
57 become a member of the plan as a condition of employment. Contributions
58 shall begin with the first payroll period after the service requirement has been
59 fulfilled, and creditable service shall then begin to accrue.
60
61
62 (3) Any person who becomes an employee on or after October 1, 2024, shall
63 immediately become a member of the plan as a condition of employment.
64 Contributions shall begin with the first payroll period of employment, and
65 creditable service shall immediately begin to accrue.
66
Miami Shores Village Ordinance 2025-01 z
67 (34_(41It shall be optional with all village employees who serve at the will of the
68 village council and who became employees prior to October 1, 2024, including
69 but not limited to the village manager, village clerk and village attorney, to be
70 excluded from the plan by filing with the pension board a written request for
71 exclusion prior to completion of one year of service from the employee's initial
72 appointment. Any such employees initially appointed on or after October 1,
73 2024, may be excluded from the plan by filing a written request for exclusion
74 within 30 days from the emplovee's initial appointment.
75
76 (5) Charter Officers, Executive Management, and Directors, as defined in the
77 Miami Shores Village personnel rules and regulations, hired after October 1,
78 2023 may opt not to participate in the plan provided that the election to opt out
79 of the plan i) shall be in writing and ii) is required to be exercised within 30 days
80 from their employment, or within 30 days of the adoption of this ordinance, if
81 later.
82
83 (6) Notwithstanding anything to the contrary, Charter Officers hired prior to
84 October 1, 2023, shall be permitted to make an irrevocable election to opt out
85 of the plan. In such event a vested Charter Officer shall be entitled to receive
86 their benefit accrued as of the opt -out date at their otherwise early or normal
87 retirement date.
88
89 (b) Designation of beneficiary. Each member shall complete a form prescribed by the
90 pension board designating a beneficiary or beneficiaries.
91
92 Section 4. Amendment to the Village Code., Chapter 18, "Personnel," Article
93 III, "General Employee Pension Plan," Section 18-45 of the Village Code of Ordinances
94 is hereby amended as follows:
95 Sec. 18-45. — Creditable service.
96
97 (a) [Computation of creditable service.] All service of a member shall count as
98 membership service, except that if any employee
99remains in the service of the Y
for village ears or
�
100 more, his creditable service shall be computed from his date of employment.
101
102 ***
103
104 Section 5. Amendment to the Village Code., Chapter 18, "Personnel," Article
105 III, "General Employee Pension Plan," Section 18-46 of the Village Code of Ordinances
106 is hereby amended as follows:
Miami Shores Village Ordinance 2025- 01
107 Sec. 18-46 - Service retirement annuity.
108 ***
109
110 (b) Early retirement.
111
112 (1) Early retirement date. Any member may retire on his early retirement date, which shall
113 be the first day of the month coincident with or next following the attainment of age 55
114 and the completion of at least 15 years of creditable service. Early retirement under the
115 plan is retirement from service with the village on or after the member's early retirement
116 date and prior to the member's normal retirement date.
117
118 (2) Early retirement benefit. A member retiring on his early retirement date shall receive
119 either a deferred or an immediate monthly retirement benefit payable in the same form as
120 for normal retirement as follows:
121
122 a. A deferred monthly retirement benefit, which shall commence on what would have been
123 his normal retirement date had he continued employment with the village as an employee
124 and shall be continued on the first day of each month thereafter. The amount of each
125 such deferred monthly retirement benefit shall be determined in the same manner as for
126 retirement on his normal retirement date except that credited service and average final
127 compensation shall be determined as of the member's early retirement date; or
128
129 b. An actuarially reduced monthly retirement benefit, equal to the actuarial value of the
130 member's deferred normal retirement benefit .atF2 sue y�age '
1316644- which shall commence on the member's early retirement date and shall be
132 continued on the first day of each month thereafter. Iheb..''S
133trminatl in":srbsona3Mb'6ug,
134 ***
135
136 Section 6. Amendment to the Village Code., Chapter 18, "Personnel," Article
137 III, "General Employee Pension Plan," Section 18-51 of the Village Code of Ordinances
138 is hereby amended as follows:
139 Sec. 18-51. — Vesting.
140 ta)_" a member has tend " ` ` or more years of credited
141 service upon separation from service, then the member shall be entitled to a
142 service retirement annuity, determined in the same manner as for normal or early
143 retirement and based upon the member's credited service, average final
144 compensation, and the benefit accrual rate as of the date of the member's
145 separation from service, commencing on the member's otherwise normal or early
146 retirement date, provided the member does not elect to withdraw his accumulated
Miami Shores Village Ordinance 2025-01
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
contributions and provided further that the member survives to his otherwise
normal or early retirement date. If the member does not withdraw his accumulated
contributions and does not survive to his otherwise normal or early retirement date,
then his designated beneficiary shall be entitled to a benefit as provided for by the
plan.
,Section 7. Amendment to the Village Code., Chapter 18, "Personnel," Article
III, "General Employee Pension Plan," Section 18-63 of the Village Code of Ordinances
is hereby amended as follows:
Sec. 18-63. — Deferred retirement option plan.
(a) A deferred retirement option plan (DROP) is hereby adopted and shall be
administered by the board. Any member who is eligible for normal retirement under
the plan may elect to defer receipt of the member's service retirement annuity and
to participate in the DROP. Participation in the DROP shall be limited to five eight
years. The five-year eight -year participation period shall be measured from the
actual retirement of the member.
Section 8. Conflicting Provision., Any provisions of the Code of Ordinances
of Miami Shores Village, Florida, in conflict with the provisions of this Ordinance are
hereby repealed, but only to the extent of such conflict.
Section 9. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause, or phrase of this Ordinance shall, for any
reason, be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part
Miami Shores Village Ordinance 2025-01
5
179 Section 10. Codification. It is the intention of the Village Council and it is hereby
180 ordained that the provisions of this Ordinance shall become and be made a part of the
181 Code of Ordinances of the Miami Shores Village, Florida, that the sections of this
182 Ordinance may be renumbered or re -lettered to accomplish such intentions, and that the
183 word "Ordinance" shall be changed to "Section," or other appropriate word.
184 Section 11. Effective Date. That this Resolution shall take effect immediately
185 upon the adoption hereof.
186
187 PASSED AND ADOPTED this 7 day of January, 2025.
188
189
190
191
192
193
194
195 ATTEST:
196
197
198 Ysabely R I age Clerk
199
200
201
Gam, � V-11� Ica
Mayor Geor Burch
202 APPROVE AS TO FORM AND LEGAL SUFFICIENCY:
203
204
205
206
207 ;`Village Attorney
208 Weiss Serota Helfman Cole & Bierman P.L.
209
210
211
212
Miami Shores Village Ordinance 2025- 01
FINAL VOTES AT ADOPTION
Council Member Neil Cantor
YES
Council Member Jerome Charles
YES
Council Member Sandra Harris
NO
YES
Vice Mayor Jesse Valinsky
NO
Mayor George Burch
213
214
215
Miami Shores Village Ordinance 2025- 01