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O-273-56 ORDINANCE NO. 273 MIAMI SHORES PENSION PLAN WHEREAS, it is to the advantage of Miami Shores Village to induce com- petent and qualified employees to remain in. the service of the Village; and WHEREAS, one means of securing the above objective is by provision for an adequate retirement plan; and WHEREAS, execution of the within instrument will provide for the security and welfare of employees of Miami Shores Village in a way which will act as an induce- ment to them to increase their efficiency, loyalty and continuity of service to Miami Shores Villaat--_ NOW, THEREFORE, BE IT ORDAINED BY MIAMI SHORES VILLAGE: Section 1. Name and Date of Establishment: A pension plan is hereby established and placed under the management of a Pension Board for the purpose of providing retirement annuities for employees of Miami Shores Village. The plan is established as of the effective date of January 1, 1957, subject to the approval of this ordinance by the freeholders of Miami Shores Village, as hereinafter provided. The plan shall be known as the "Miami Shores Pension Plan. " By such name all of its business shall be transacted, all of its funds shall be invested, and all of its cash and securities and other property shall be held in trust for the purposes set forth in this plan. Section 2. Purpose- The purpose of this plan is to provide an orderly means whereby employees of the Village who become superannuated may be retired from active service without prejudice and without inflicting a hardship upon the employees retired and to enable such employees to accumulate reserves for them- selves and their dependents to provide for old age and termination of employment, thus effecting economy and efficiency in the administration of the Village government. Section 3. Definitions: The following words and phrases as used in this plan,-. unless a different meaning is plainly required by the context, have the following meanings: (a) "Plan" means the Miami Shores Pension Plan. (b) "Pension Board" or "Board" means the Board provided for under this plan to administer the plan. (c) "Employee" means any regular officer or employee who is employed by the Village on a permanent basis. Employees serving on a part-time basis and persons employed under contract for a definite period or for the performance of a particular, special service shall not be eligible for participa- tion in the plan. (d) "Member" means any employee in service included in the member- ship of the plan, or any former employee who shall have made contributions to the plan and shall not have received a refund, except that no employee shall be included as a member unless such employee shall have completed at least one year of continu- ous service and passed his Z5th birthday. (e) "Beneficiary" means any person receiving a service retirement allowance or any other benefit as provided in this plan. (f) "Service" means employment as an employee for which compen- sation is paid by the Village, (g) "Compensation" means salary or wages payable by the Village on a regular payroll to any member for personal services currently performed. (h) "Membership service" means service rendered while a member of the plan for which credit is allowable. (i) "Prior service" means service rendered prior to the effective date for which credit is allowable. 0) "Creditable service" means "membership service" plus "prior service" for which credit is allowable. (k) "Military service" means service in the United States Army, Navy, Marines or Coast Guard or any women's auxiliary thereof. (1) "Average final compensation" means the average highest annual compensation of a member for any five consecutive years within the last ten years of creditable service immediately preceding the date of retirement. (m) "Accumulated contributions" means the sum of amounts contributed by a member of the plan and credited to his individual account. (n) "Annuity" or "Pension" means annual payments for life as pro- vided in the plan. All annuities shall be paid in twelve equal monthly installments. (o) "Actuarial tables" means such tables as shall have been adopted by the Board in accordance with recommendations of the actuary; provided, that for the first five years of the plan the 1937 Standard Annuity Mortality Table shall be used. (p) "Retirement" means the acceptance of a service retirement allowance under this plan. (q) "Regular interest" means interest at the rate of 316 per annum for the first five years and thereafter such other rate determined from the actual experience of the plan as may subsequently be prescribed by the Board. (r) "Village" means Miami Shores Village. -2- (s) "Withdrawal from service" means complete severance of employment of any member as an employee of the Village by resignation, discharge or dismissal. (t) "Fiscal year" means the calendar year - January 1 to December 31. (u) The masculine pronoun, wherever used, shall include the feminine pronoun. Section 4. Membership: (a) All employees in service on the effective date who are 25 years of age or over and have one year of service are deemed to be members as of that date. All others in service on such date shall become members after meeting the age and servi,ce requirements, and their contributions shall begin with the first payroll period after the effective date, after they become eligible. (b) Any person who becomes an employee after the effective date shall, upon completion of one year of continuous service, become a member of the plan as a condition of employment, provided said person is at least 25 years of age and under 45 years of age at the time of completion of said one year of service. Contributions by such employee under this plan shall begin with the first payroll period after the age and service requirement shall have been fulfilled, and creditable service shall then begin to accrue. (c) Upon withdrawal from service, the member's accumulated con- trib-itions shall be refunded to him and he shall thereupon cease to be a member of the plan. Section 5. Creditable Service: (a) After the effective date, all service of a member since he last became a member with respect to which contributions are made shall count as membership service. (b) Each employee in service on the effective date who becomes a member on the effective date, shall receive prior service credit for employment with the Village prior to the effective date, such service credit beginning with one year after the date of employment or upon the attainment of age 25, whichever occurred later. (c) Any leave of absence due to entry into the military service of the United States during a period of national emergency shall be deemed to be service -3- with the Village, provided the employee has re-entered the employ of the Village within ninety (90) days after his honorable discharge from such military service and provided further that the employee has paid into the plan an amount equal to the con- tributions hc would have made based upon his salary immediately prior to entry into military service, had he been so employed by the Village during his absence on account of his military service. Section 6. Service Retirement Allowance- (a) Any member upon withdrawal from service upon or after the attain- ment of the age of 65, shall become entitled to receive a service -retirement annuity in an amount provided under subsection (c) hereunder. (b) Any member who shall have completed at least 30 years of credit- able service may withdraw from service at the age of sixty (60) or over and shall thereupon become entitled to receive a service retirement annuity equal to the actuarial equivalent value of his annuity at age 65, or at his option such member shall become .entitled to the service retirement annuity, the payment of which, how- ever, is to be deferred until his attainment of the age of sixty-five (65). (c) The amount of monthly retirement annuity to which a member shall be entitled., shall be equal to one and one-half per cent (I-1/276) of the monthly Hnal compensation multiplied by the number of years of creditable service, average not to �:xceed 30 years of service. (d) The first monthly installment shall be payable on the first day of the iT.Lonth following the retirement of the member, and payments thereafter shall be due and payable on the first day of each month during the lifetime of the annuitant. (e) Any employee who is permitted to remain in the service of the Village after his normal retirement date at age 65, may remain in service for periods of one year each. No contributions are to be made by such employee and no further annuity credits shall accrue to him and his annuity shall be fixed as of age 65 years except where, a member has to his credit less than 30 years of creditable service at age sixty-five (65) years. In such event the extended service shall be credited for annuity purposes and contributions shall continue to be made by the member until creditable service of thirty (30) years is attained. _4- Section 7. Reversionary Annuity: (a) Any member entitled to a service retirement annuity may elect at the time of retirement to receive a lesser amount of service retirement annuity and with the remainder of his equity as actuarially determined, provide an annuity for any person who is dependent upon such member at the time of retirement, as named in a written direction filed with the Board as a part of his application for a service retirement annuity; provided, that the condition of dependency exists and has been proved to the satisfaction of the Board; and provided, further, that the reversionary annuity resulting from such election is found to be not less than ten dollars per month, nor more than the amount of reduced service retirement annuity to which the member is entitled. (b)- Any such reversionary annuity shall begin as of the- first day of the month following the date of death of the member receiving service retirement annuity; provided, that the person designated to receive the reversionary annuity shall have been alive on. the date of death of such member, but if such designated person does not survive the member who shall be receiving service retirement annuity, no reversionary annuity shall be payable under the provisions hereof, nor shall any change be permitted by the Board in the written direction filed with the Board after the service retirement annuity has been granted and has become effective. Section 8. Death Benefit- (a) Upon death of a member prior to retirement, his executor or admin- istrator or such person as he shall have nominated by written direction duly ack- nowledged and filed with the Board, shall receive the accumulated contributions of the member. (b), Upon death of a retired member, unless a reversionary annuity is payable under the provisions of Section 7. hereof, a death benefit shall be payable to such persons as may have been legally designated to receive them, consisting of the excess, if any, of the accumulated contributions of the member at time of retirement on service retirement annuity, over the total amount of all service re- tirement annuity payments received by said retired member prior to his death. Section 9. Refund of Contributions: (a) Upon withdrawal from service of the Village, a member shall -5- receive a refund-of the amount of his accumulated contributions. (b) Any member receiving a refund of contributions shall thereby for- feit and relinquish all accrued rights in the plan, including all accumulated credit- able service; provided, if any member who has withdrawn his contributions as provided for in this section shall re-enter the service of the Village, and again become a member of the plan, he may restore all moneys previously received by him as a refund, including regular interest for the period of his absence from the Village service, and he shall then again receive credit for service which he forfeited by the acceptanoe of such refund. Such restoration shall be permitted only after a member shall have rendered at least two (2) years of continuous service following his latest re-entry into the service of the Village during which he shall have made contributiuns to the plan. Section 10. Contributions by-Members- Beginning on the date of estab- lishment of the plan, each Village employee who is a member of the plan shall con- tribute 416 of earnable compensation accruing on and after said. date Ior service retirement annuity. Such contribution by any member shall cease upon the com- pletion of 30 years of membership service. This contribution shall be made in the form of a deduction from compensation and shall be made notwithstanding that the compensation paid in cash to such employee shall be reduced thereby below the minimum prescribed by law. Every employee who is a member of the plan shall be deemed to co'nsent and agree to deductions made from his compensation and provided for in this plan, and shall. receipt in full for salary or compensation, and payment to said employee of compensation less said deduction shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such employee during the period covered by such pay- ment except as to the benefits provided for under this plan. Section 11. Contributions by Village- Contributions by the Village to meet the requirements of this plan shall consist of contributions to the plan by means of annual appropriations of the amounts which together with contributions made by members, interest income from investments and other income received by the plan, will be sufficient to meet the cost of maintaining and administering the plan and meeting its various requirements; provided, that the total annual -6- contribution by the Village does not exceed the amount of one mill on all taxable property in the Village according to the next preceding assessment. Section 12. Vested Rights: (a) Members shall, by virture of the payment of the contributions required to be paid to this plan, receive a vested interest in the accumulated con- tributions in the plan upon completion of 30 years of service and upon reaching the age of 60 years, 'and each such member, in consideration of such vested interest, shall be deemed to have agreed to, and authorized the deductions from the payments of salary of all contributions payable to this plan in accordance with this plan. (b) Payment of salary, less the amounts of contributions provided in this plan, shall, together with such special vested rights be a full and complete discharge of all claims of payments for service rendered by a member to the Village during the period covered by any such payment. Section 13. Creditor's Claims: (a) The assets of the plan shall be invested as one fund, and no particular person, group of persons or entity shall have any right in any specific security or property, or in any item of cash other than an undivided interest in the whole as specified in this plan as it now exists or is subsequently amended. Such asseT8 shall not be subject to levy or execution or to claims of creditors or to legal process of any kind or issued by any court with respect to any participant. (b) All annuities and other benefits payable under this plan and all accumulated credits of employees in this plan shall. not be assignable and shall likewise not be sub ect to process as provided in subsection (a) hereof. Section 14. Miscellaneous- (a) Any person who knowingly makes any false statement, or falsifieA or permits to be falsified any record or records of this plan, shall be punishable as herein provided. (b) The attorney for Miami Shores Village shall be the legal advisor to the Board. (c) The Village Council by a vote of 4/5 of its members, shall have the power to amend this plan, but no amendment shall be adopted which will reduce the then-accrued benefits of members or beneficiaries to which they would -7- otherwise be entitled by reason of assets then held in the Trust Fund. Section,15 Pension Board: (a) Administration- (1) The general administration of the Plan and the responsibility for carrying out the provisions hereof is hereby vested in a Pension Board. Such Board shall be composed of five members - the Mayor and the Village Manager, ex officio, a Citizen and tax ';'3ayer of the Village who holds no office in and is not employed by the Village, one Councilman besides the Mayor and an active employee of the Village, the latter three to be appointed by the Village Council. With the exception of the Mayor and Village Manager, the Board members shall each serve for a period of two years, or until their successors are appointed, which appointment shall be evidenced by an acceptance in writing of such appointment. (2) The Board shall elect a Chairman from among its members. The Board shall. also appoint a Secretary who shall keep all records of its meetings and actions and with the Chairman execute on behalf of the Board any paper or instrument when so required by the Board. (3) The Board members shall serve without compensation. (4) The Board members shall be entitled to reimbursement for all reasonable and necessary disbursements made or expenses incurred by them in the performance of their duties. (5) No member shall be personally liable by virtue of any contract, agreement, bond or other instrument or undertaking made or executed by him as a member of the Board, nor for honest mistakes of judgment nor for any loss unless resulting from his own willful misconduct; and no member shall be liable for the act of neglect, omission or wrong doing of any other member or for those of agents or counsel of the Board. (6) The Village shall hold the Pension Board harmless from and shall indemnify the members for the consequences of their acts or omissions and conduct in their official capacity, including the cost of litigation and counsel fees except for such act, omission or conduct for which such member is liable under subsection 5 hereof. (7) Meetings of the Board shall be held at such times and places as a majority of the members shall from time to time determine. A majority of the membership shall constitute a quorum, and all decisions, acts and resolutions of the Board shall be by an affirmative vote of at least three (3) members. (8) Any appointed member may resign at any time by delivering his resignation to the Village Clerk, and such resignation shall there- after take effect on the date therein specified. A member may also be removed at the pleasure of the Village Council. Vacancies, however caused, shall be filled by action of the Village Council. While a vacancy exists, the remaining members, provided that they are not less than(3) three, are authorized to perform all functions of the Board. (b) Powers and Duties: The Board shall have the duties expressly provided or implied under the provisions hereof, and in addition thereto, the following: (1) Hold meetings upon notice, as may from time to time be require4-- (8) (2) Recommend the appointment of a corporate trustee for the management, investment and safekeeping of the Fund herein created; (3) Maintain adequate age, service and salary records on. all. employees participating under the plan and any other related data that may be necessary in the adminis- tration of the plan and in effective operation thereof, or that may be required in any survey or cost analysis by the actuary, such data to be furnished to the Board by the Village; (4) Pass upon applications for annunities and benefits, verify the qualifications of the applicants for benefits and authorize the payment thereof by the Trustee; (5) Keep a detailed record of all annuity and benefit pay- ments and other expenditures made pursuant to the pro- visions of the plan to the persons qualifying for such payments, to the end that all financial transactions will be properly accounted for; (6) Make and enforce uniform non-discriminatory rules and regulations for the efficient administration of the plan. and resolve any questions or interpretations that may arise in connection with the plan. (7) Employ actuarial or other technical. assistance necessary during the operation. of the plan, as it may from time to time require in connection with the determination of cost and liabilities (the Village to pay, subject to the limitations of Section No. 11, the fees therefor), and prescribe appropriate actuarial. tables upon recommendation of the Actuary; (8) Authorize an annual actuarial valuation as of the end of each calendar year of the assets, liabilities and reserves under the plan. (9) The Board shall establish any necessary rules and procedures for the administration of the plan and the conduct of their meetings as they deem advisable. The decisions and rules of a majority shall be final and binding on all parties and shall not be subject to appeal. (10) The Board shall annually, or as often as requested, transmit to the Village Council a report showing the financial condition of the plan. Section 16. Trustee: (a) The plan shall operate as a Trust under a Trust Indenture. The provisions of such Trust Indenture shall be construed in conjunction. with the plan and shall constitute a part hereof. A corporate trustee who shall manage the fund , make appropriate investments in accordance with the Trust Indenture and keep the cash, securities and other assets acquired under the plan, shall be selected by the Board, subject to the approval by the Village Council. The Trustee shall hold title to the assets and have custody of all its cash, securities and other property belonging to (9) the fund. The Trustee shall disburse moneys from said fund upon the written authorization of the Board in accordance with the provisions of the plan. All moneys in said fund available for investment shall be invested or reinvested by said Trustee, subject to the terms, restrictions and conditions prescribed in the Trust Indenture. (b) The Trustee shall perform such other duties that devolve upon a Trustee and as expressly provided or implied under the Trust Indenture, and shall receive such compensation as may be agreed upon in writing from time to time between the Board and the Trustee subject to approval of the Village Council. (c) The Trustee shall keep complete account of all receipts and disbursements of the Trust, and of all investments hereunder, and such other accounts, books and records relating to the Trust as may be necessary. All such books and accounts shall be open to inspection and audit by any person designated by the Board. The Trustee shall submit to the Board within forty-five (45) days following the close of each calendar year a report of receipts and disbursements of the Trust for the preceding year and of the investments owned as of the close of the year, and any other in-formation pertinent to the operation of the Trust, and shall submit such other reports from time to time as may be required. Section 17. Separability Provisions: If any part of this ordinance is held to be invalid, the -remaining parts shall continue in full. force and effect provided that such holding does not destroy the essential features of the plan. Section 18. Violation of any provision of this oi:dinance shall be punished by a fine not exceeding $500. 00, or imprisonment at hard labor on the streets, or other walks of the Village, or elsewhere, for a term not exceeding sixty (60) days, or by both such fine and,imprisonment in the discretion of the Court, and in addition thereto, such conviction# shall disentitle the person so convicted to further rights to participate in the plan, if the Council by resolution shall so direct. Upon the filing of a copy of such resolution with the Board, the rights of such participant shall cease and the Board shall return to him such monies as he shall have paid into the plan, subject to the rights of the Village to a lien on such funds for the payment of said fine, if so ordered by the Council. (10) Section 19. This ordinance shall take effect upon its approval by the free- holders of Miami Shores ViRage at an election to be held on. November ;� 1956. Notice of the holding of said election shall be given at least thirty (30) days prior to the holding of said election by publication in a newspaper published in Dade County, Florida at least once a week for four consecutive weeks during the thirty (30) day period. Said notice shall. state that an election has been called to be held in Miami Shores Village for the purpose of approving the Miami Shores Pension Plan, which is to provide for the retirement of the qualified employees of Miami Shores Village, and one mill on the dollar for an annual contribution not to exceed . OW of all of the taxable property in Miami Shores Village by said Village, said election to be participated in only by registered qualified freeholders of said Village. The notice shall further state that a copy of the pension pLan is on file in the office of the Village Clerk and may be examined and inspected by any person between the hours of 9-00 o'clock A. M. and 5-00 o'clock P. M. from Mondays to Fridays each week, beginning with the week in which said notice is published, and a copy of said notice shall also be posted in a prominent place in the Police Office in the Village Hall and at some other prominent place in. said Hall to be designated by the Village Manager. PASSED AND ADOPTED this 16th day of October A. D. 19 5 6. ATTEST: Clerk CERTIFICATE OF INSPECTORS AND CLERK OF ELECTION We, the undersigned Inspectors and Clerk of Election appointed to conduct a special pension fund election in Miami Shores Village, Florida, on the 27th day of November, 1956, DO HEREBY CERTIFY as follows: That we received from the Village Clerk of said Miami Shores Village prior to said election a certified list of qualified electors who were freeholders residing in said Village who were entitled to vote and participate in said election. That said list contained the names of 2- —/0 qualified electors who were freeholders residing in said Village who were entitled to vote and participate in said election. That only those persons were permitted to vote in said election whose names appeared upon said list. That said election was conducted in full compliance with the laws of the State of Florida, including particularly Chapter 27730, Special Acts, 1951. That at said election the following question was submitted to the said qualified voters: Shall Miami Shores Village Ordinance No. 273, which establishes a pension fund for employees at an annual cost to the freeholders of Miami Shores Village not to exceed one mill in taxes, adopted by the Village Council October 16, 1956, become effective January 1, 1957 ? That the total number of votes cast in said election was that votes were cast "For Ordinance" and vote s were cast "Against Ordinance", with voids. WITNESS our hands this 27th day of November, 1956. Inspector of Election lnspecfo�r 6-f—El 76/6 o n Inspector of Election Clerk of Election r ��� RESOLUTION NO. 362 RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL PENSION.FUND ELECTION HELD NOVEM- BER 27, 1956, AND DECLARING THE RESULT THEREOF. WHEREAS.- the Village Council of Miami Shores Village by its Resolution No. -361, duly-and regularly adopted at its meeting held on October 16, 1956, ordered a special pension fund election to be held in said Village on November 27, 1956 for the purpose of submitting to the qualified electors of said Village who were freeholders therein the following question: Shall Miami Shores Village Ordinance No. Z73, which establishes a pension fund for employees at an annual cost to the freeholders of Miami Shores Village not to exceed one mill in taxes, adopted by the Village Council October 16, 1956, become effective January 1. 1957? and WHEREAS, due and proper notice of said special election was given (a) by'publication in the North Dade Journal, a newspaper published in Dade County and of general circulation in the Village, there being no news- paper published in the Village, which publication was made at least once in each week for four consecutive weeks before said election, the date of first publication in said newspaper being at least thirty days before said election, and (b) by posting as directed in said Ordinance; and WHEREAS, due registration was had until and including November 23, 1956, being not less than five days prior to the date of holding said election, of all persons qualified to vote at said election who were freeholders residing in said Miami Shores Village; and WHEREAS, it appears that the Inspectors and Clerk of Election were duly furnished a certified copy of the list of qualified electors who were entitled to participate in said election, in accordance with law, and that such list has been returned-to the Village Clerk by said Inspectors and Clerk of Election together with the Teturn hereinafter mentioned; and WHEREAS, it appears from the copy of said list, that the total number of qualified electors who were freeholders residing within said Village entitled to participate in said election was 2709; and WHEREASI It appears that the'total number of votes cast in said election by the qualified electors was 765; and WHEREAS, it appears from the official returns, that the total number of votes cast in said election by the qualified electors, for Ordinance No. 273 was,633. and that the total number of votes cast in said election by the qualified electors. against Ordinance No. Z73 was 13Z; NOW, THEREFORE, BE IT RESOLVED, by Miami Shores Village: 1. That a majority of the votes cast by the qualified freeholders in said election were in favor of approving and did approve Ordinance No. 273 .to become effective January'l, 1957. 2. That as a result of said election Miami Shores Village is authorized and empowered to establish a pension fund for employees at an annual cost to the freeholders of Miami Shores Village not to exceed one mill in taxes. 3. That said election was in all respects conducted in accordance with laws of the State of Florida, including particularly Chapter 27730. Special Acts, 1951, and said Resolution No. 361. PASSED AND ADOPTED this 4th day of December, 1957. Mayor ATTEST: Village Clerk A