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O-591-96 ORDINANCE NO. 591-96 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 18 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; MODIFYING CERTAIN DEFINITIONS; ESTABLISHING PROVISIONS FOR PLAN TERMINATION; ESTABLISHING PROVISIONS FOR MAXIMUM PENSION AMOUNTS; ESTABLISHING PROVISIONS FOR DIST- RIBUTION OF BENEFITS; ESTABLISHING PROVISIONS FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA: Section 1: That section 18-38 of the Code of Ordinances, Miami Shores Village, Florida, is hereby amended by deleting therefrom the following stricken-through provisions: "Sec. 18-38. Definitions. The following words and phrases as used in this article and the plan, unless a different meaning is plainly required by the context, have the following meanings: Geffipensetion seroice means salary er wages payable by the village en a regular payroll to any fnernber for personal serviees eurrently Section 2: That section 18-38 of the Code of Ordinances, Miami Shores Village, Florida, is hereby amended by adding thereto the following underlined provisions: "Sec. 18-38. Definitions. The following words and phrases as used in this article and the plan, unless a different meaning is plainly required by the context, have the following meanings: Actuarial equivalence means a benefit (or amount of equal value. based upon the 1983 Group Annuity Mortality Table with a blending of 75% male rates and 25%female rates, and an interest rate of seven percent (7%� per year. In the case of disability retirement, the foregoing mortality rates, set ahead five years, shall be used. Page 1 Compensation means salary or wages Payable by the village on a regular payroll to any member for personal services currently performed. Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal Revenue Code of 1986 shall be disregarded. In the case of an individual who was a member before the first plan year beginning after December 31, 1995, the limitation on compensation shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1. 1993. Fiscal year means each twelve month period from October first through September thirtieth. Section 3: That section 18-53(b) of the Code of Ordinances, Miami Shores Village, Florida, is hereby amended by adding thereto the following underlined provisions: "Sec. 18-53. Contributions by members. (a) Each village employee who is a member of the plan shall contribute six (6) percent of earnable compensation. Such contribution by any general employee shall cease upon the normal retirement date of the member, or upon the completion of thirty (30) years of membership service, if later. Such contribution for a police officer 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 consent and agree to deductions made from his or her compensation and provided for in this plan, and shall receipt in full for salary or compensation, and payment to the employee of compensation less such 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 payment except as to the benefits provided for under the plan. Each contribution made by each member shall be designated as an employer contribution as defined by Section 414(h)(2) of the Internal Revenue Code of 1986, contingent upon such contribution being excluded from such member's gross income for Federal Income Tax purposes. For all other purposes of the plan, contributions shall be considered to be member contributions." Section 4: That section 18-57 of the Code of Ordinances, Miami Shores Village, Florida, is hereby created by adding to said Code the following underlined provisions: "Sec. 18-57. Plan termination. Upon termination or partial termination of the plan, each affected member's accrued benefit shall become one hundred percent (100% vested, to the extent funded." Page 2 Section 5: That section 18-58 of the Code of Ordinances, Miami Shores Village, Florida, is hereby created by adding to said Code the following underlined provisions: "Sec. 18-58. Maximum pension. U Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a member under this plan shall not exceed the lesser of: 1) ninety thousand dollars ,($90,000): or, 2) one hundred percent (100%) of such member's average aggregate compensation for the three (3) consecutive calendar years during which such member was an active member and had his or her highest aggregate compensation. For purposes of this subsection. "compensation" shall mean the member's total annual remuneration paid or accrued for personal services rendered to Miami Shores Village, Florida, during the plan year as reported on the member's W-2 form. For purposes of applying the limitations set forth in this subsection, benefits payable in any form, other than a straight life annuity with no ancillary benefits, shall be adjusted, as provided by applicable United States Treasury Regulations, so that such benefits are the actuarial equivalent of straight life annul . For purposes of this subsection, the following benefits shall not be taken into account: (i) any, ancillary benefit which is not directly related to retirement income benefits: and (ii) any other benefit not required by Section 415(b)(2) of the Internal Revenue Code of 1986, or Regulations thereunder, to be taken into account for purposes of the limitation of Section 415(b)(1) of the Internal Revenue Code of 1986. .(b) The limitation of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in Section 414(j) of the Internal Revenue Code of 1986) maintained by Miami Shores Village, Florida, shall apply as if the total benefits payable under all defined benefit plans in which the member has been a member were payable from one plan. .c In the event a member's retirement benefits become payable before age sixty-two (62), the ninety thousand dollar $90.000) limitation prescribed by subsection (a), above, shall be reduced in accordance with Regulations issued by the Secretary of the Treasury of the United States pursuant to the provisions of Section 415(b) of the Internal Revenue Code of 1986, but in no event shall such limitation be reduced to an amount less than seventy-five thousand dollars �7( 5.000) if the benefit begins at or after age fifty-five (55). In the event a member's retirement benefit becomes payable before age fifty-five (55). the seventy-five thousand dollar($75,000) limitation shall be reduced from age fifty-five 55) in accordance with Regulations issued by the Secretary of the Treasury of the United States pursuant to, or to implement the provisions of. Section 415(b) of the Internal Revenue Code of 1986. A police officer with at least fifteen (15) years of creditable service shall not have his or her benefit reduced below the annual amount of fifty thousand dollars ($50.000). If a member's retirement benefit becomes payable after age sixty-five 65). for purposes of determining whether this benefit meets the limitation set forth in subsection (a), above, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made using an assumed interest rate of five percent (5%) and shall be made in accordance with regulations promulgated by the Secretary of Treasury of the United States. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of creditable service with Miami Shores Village. Florida. shall be the amount determined Page 3 under subsection (a) of this section, multiplied by a fraction, the numerator of which is the number of such member's years of creditable service, and the denominator of which is ten (10). (e Notwithstanding the foregoing, the retirement benefit payable with respect to a member shall be deemed not to exceed the limitations set forth in this section if the benefits payable with respect to such member under this plan and under all other qualified defined benefit pension plans to which the Miami Shores Village. Florida. contributes do not exceed ten thousand dollars ($10,000) and Miami Shores Village. Florida. has not at any time maintained a qualified defined contribution plan in which such member participated. (a In any case where a member under of the Miami Shores Pension Plan is also a member in a "defined contribution plan", as defined in Section 414(1) of the Internal Revenue Code of 1986). maintained by Miami Shores Village. Florida. the sum of the "defined benefit plan fraction" and the"defined contribution plan fraction" (both as defined in Section 415(e) of the Internal Revenue Code of 1986) shall not exceed one (1.0). fM Reduction of a member's benefits or contributions to all plans, when required by this Article, shall be accomplished by first reducing such member's benefit under any defined benefit plan(s) in which the member participated, such reduction to be made first with respect to the plan in which the member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plan(s). and, next, by reducing or allocating excess forfeitures for defined contribution plans in which such member participated, such reduction to be made first with respect to the plan in which the member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administrator for such other plan(s): provided, however* that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. (W The limitations stated in this Section 18-58 shall be adjusted to the time payment of a benefit begins in accordance with any cost-of-living adjustments prescribed by the Secretary of Treasury of the United States pursuant to Section 415(d) of the Internal Revenue Code of 1986." Section 6: That section 18-59 of the Code of Ordinances, Miami Shores Village, Florida, is hereby created by adding to said Code the following underlined provisions: "Sec. 18-59. Distribution of benefits. Notwithstanding any other provision of this Article or the plan to the contrary. a form of retirement income payable from this plan after the effective date of this ordinance shall satisfy the following conditions: (1) if the retirement income is payable before the member's death: (a it shall either be distributed or commence to the member not later than April 1 of the calendar year following: (i) the calendar year in which the member attains age seventy and one-half (70-1/2); or, (ii) the calendar year in which member retires: whichever is later: and Page 4 the distribution shall commence not later than the calendar year defined in subsection (1)(a). above, and: (i) shall be paid over the life of the member or over the lifetimes of the member and spouse, issue or dependent(s): or. (ii) shall be paid over the period extending not beyond the life expectancy of the member and spouse, issue or dependent(s). Where a form of retirement income payment has commenced in accordance with the foregoing and the member dies before his or her entire interest in the fund has been distributed, the remaining portion of such interest in the fund shall be distributed no less rapidly than under the form of distribution in effect at the time of such member's death. 0 If the member's death occurs before the distribution of his or her interest in the fund has commenced, such member's entire interest in the fund shall be distributed within five (5) years of such member's death, unless it is to be distributed in accordance with the following rules: U the member's remaining interest in the fund is payable to his or her spouse, issue or dependent(s): kW the member's remaining interest is to be distributed over the life of the spouse, issue or dependant(s), or over a period not extending beyond the life expectancy of the spouse, issue or dependent(s): and Uc) such distribution begins within one year of such member's death, unless the member's spouse, issue or dependent(s) shall receive the remaining interest, in which case the distribution need not begin before the date on which such member would have attained aae seventy and one-half (70-1/2): furthermore, if the spouse, issue or dependant(s) die before the distribution to the spouse, issue or dependent(s) begins. this subsection shall be applied as if the spouse, issue or dependent(s) were the member." Section 7: That section 18-60 of the Code of Ordinances, Miami Shores Village, Florida, is hereby created by adding to said Code the following underlined provisions: "Sec. 18-60. Direct transfers of eligible rollover distributions. Ua) Notwithstanding any provisions of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee with respect to any distributions made on or after January 1. 1993, may elect* at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. kW For purposes of this Section 18-60, the following definitions shall apply: W Eligible Rollover Distribution shall mean any distribution of all or any portion of the balance to the credit of the distributee. except that an eligible rollover distribution does not include: (i) any Page 5 distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary. or for a specified period of ten years or more: (ii) anx distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code of 1986: or. (iii) the portion of any distribution that is not includible in gross income. 0 Eligible Retirement Plan shall mean: (i) an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986: (ii) an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986: (iii) an annuity plan described in Section 403(a) of the Internal Revenue Code of 1986: or, (iv) a ,qualified trust described in Section 401(a) of the Internal Revenue Code of 1986 that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to a surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. Q Distributee shall mean the distributee and shall also include an employee or former employee, and an employee's or former employee's surviving spouse, but only with regard to the interest of such spouse. W Direct Rollover shall mean a payment by the plan to the eligible retirement plan specified by the distributee." Section 8: That section 18-61 of the Code of Ordinances, Miami Shores Village, Florida, is hereby created by adding to said Code the following underlined provisions: "Sec. 18-61. Miscellaneous Provisions. 0 At no time prior to the satisfaction of all liabilities under the plan with respect to retirees and members and their spouses and beneficiaries shall any part of the corpus or income of the plan be used for or diverted to any purpose other than for such persons' exclusive benefit. It is the intent of the Council of Miami Shores Village. Florida. not to amend the plan in a manner that would have the effect of reducing the then vested accrued benefits of members or of a member's beneficiaries. Uc) It is intended by the Council of Miami Shores Village. Florida, that the Miami Shores Pension Plan will constitute a qualified public pension plan under the applicable provisions of the Internal Revenue Code of 1986, as now in effect or hereafter amended. Any modification or amendment of the plan may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of the Internal Revenue Code of 1986, as now in effect or hereafter amended, or any other applicable provisions of the United States federal tax laws, as now in effect or hereafter amended or adopted, and the regulations promulgated thereunder. ko Forfeitures arising from terminations or service of members shall serve only to reduce future contributions of Miami Shores Village, Florida." Page 6 Section 10: All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 11: This ordinance shall become effective immediately upon its passage and adoption. ADOPTED on an emergency basis by the Council of Miami Shores Village, Florida this 17th day of September, 1996. v U11 Louis Im rgia, Jr., AY R ATTEST: By: Barbara Fugazzi Village Clerk APPROVED AS TO FORM: By: (W ''� Mark S. Ulmer, Esq. Village Attorney Page 7