O-618-00 ORDINANCE NO. 618-00
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIANH SHORES
VILLAGE,FLORIDA,AMENDING SECTION 18 OF THE VILLAGE
CODE OF ORDINANCES BY ADDING A SECTION BEGINNING
WITH SECTION NUMBER 18-62, "MIAMI SHORES VILLAGE
POLICE OFFICERS'RETIREMENT SYSTEM",CREATING ANEW,
SEPARATE PENSION PLAN FOR POLICE OFFICERS,REPEALING
CERTAIN SECTIONS/PARAGRAPHS REFERRING TO POLICE
OFFICER BENEFITS CONTAINED IN SECTIONS 18-36 THROUGH
18-61, PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent amendments to the State Statutes have mandated the segregation of
pension plans; and
WHEREAS, this mandate necessitates the creation of a new pension plan to be called the
"Miami Shores Village Police Officers' Retirement System; and
WHEREAS, the creation of the new Miami Shores Village Police Officers' Retirement
System requires repeal of certain sections and/or paragraphs contained in Section 18 of the Village's
Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA:
SECTION 1. That sections 18-43, 18-49 (c)(2 - 12), (e)(2), (f), 18-51.1, 18.53(b), and
18.53.1 contained within Chapter 18 of the Village Code of Ordinances are hereby repealed.
SECTION 2. That section 18-39 (a) is hereby amended to read as follows:Purpose;
composition; terms. The general administration of the plan and the responsibility for carrying out
the provisions of the plan are hereby vested in a pension board. Such board shall be composed of
seven(7)members;the village manager ex officio,three (3)citizens and taxpayers of the village who
hold no office in and are not employed by the village;one(1)council member other than the council
member serving on the Police Officers' Pension Board; and two (2) active general employee
appointed by the council. With the exception of the mayor and the village manager, the board
members shall each serve for a period of two (2) years, or until their successors are appointed or
elected,which selection shall be evidenced by an acceptance in writing of such selection. Appointed
members may be removed at any time by a majority vote of the village council.
SECTION 3. That section 18-49 (a) is hereby amended to read as follows: Any general
employee upon withdrawal from service upon or after the attainment of age sixty-two (62), shall
become entitled to receive a service retirement annuity in an amount provided under subsection
(c)(1)of this section. If an employee of the village has been classified as a police officer for part of
his employment with the village and a general employee for another part of his employment with the
village,his age for entitlement to receive a service retirement annuity will be adjusted upon his date
of change in classification in the following manner:
Page-I-
SECTION 4. That the Code of Ordinances of Miami Shores Village, Section 18 is hereby
amended,by the addition of a Section beginning with number 18-62 entitled Miami Shores Village
Police Officers' Retirement System,which said section(s)reads as follows:
MIAMI SHORES VILLAGE,FLORIDA
POLICE OFFICERS' RETIREMENT SYSTEM
Sec. 18-62. Name; date of establishment.
A pension plan is established and placed under the management of a separate pension Board
of Trustees for the purpose of providing retirement annuities and benefits to qualified police officers
and other specifically designated employees of the Miami Shores Village Police Department. The
plan is established with a January 1, 2000 effective date, complying with Florida State Statutes
Sections 175 and 185 as hereinafter provided. The plan shall be known as the Miami Shores Police
Officers'Retirement System. By such name all of its business shall be transacted, all of its funds
shall be invested and all of its cash, securities and other property shall be held in trust for the
purposes set forth in this plan.
See. 18-63. Intent; Purpose.
To comply with §175 and 185, Florida State Statutes as amended by Public Law 99-1 and
to be in the best interest of Miami Shores Village,the citizens,residents,inhabitants and taxpayers
thereof, that the Village establish and maintain a retirement system for police officers, and to that
end the system is established as herein set forth. Additionally, the plan is created to provide an
orderly means whereby police officers ofthe 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 themselves and eligible designated beneficiaries
to provide for retirement and termination from employment,thus affecting economy and efficiency
in the administration of village government.
Sec. 18-64. Definitions.
As used herein,unless otherwise defined or required by the context,the following words and
phrases shall have the meaning indicated:
Accumulated contributions means the sum of the amounts contributed by a member of the
plan and credited to his individual account,plus interest on such amounts credited to his individual
account as of the previous October 1' in the amount of three percent (3.00%) per annum,
compounded annually each October 1'for each year starting January 1, 1976.
Actuarial equivalence or Actuarial equivalent means a benefit (or amount of equal value)
based upon the 1983 Group Annuity Mortality Table with a blending of seventy-five percent(75%)
male rates and twenty-five percent (25%) female rates applied to an annual interest rate of eight
percent(8.00%). In the case of a disability retirement, the foregoing mortality rates, set ahead by
five (5)years, shall be applied and used.
Page-2-
Actuarial table means the mortality table adopted by the Board of Trustees which may be
periodically modified or adjusted at the actuary's recommendation.
Annuity or Pension means annual payments for life as provided by the terms and conditions
set forth in this plan which may be modified by the Board of Trustees. All annuities shall be paid
in twelve (12) equal monthly installments.
Average final compensation means a member's average highest annual compensation for any
thirty-six(3 6)consecutive calendar months while the respective member is contributing into the plan
within the last one hundred twenty (120) calendar months as determined immediately preceding
actual termination of or separation from service.
A year shall be twelve(12)consecutive months or such other consecutive period of time as
is used and consistently applied.
Beneficiary means a person receiving,or designated in writing by a member to receive,the
balance of accumulated contributions or retirement or death benefits,if any,to be paid in behalf of
a member or retiree.
Board means the board of trustees,which shall serve as trustees of the fund and which shall
have administrative authority and supervision of the system.
Code means the Internal Revenue Code of 1986, as amended from time to time.
Compensation or Salary means wages payable by the Village on a regular payroll to any
member for personal services currently performed. Compensation in excess of the limitations set
forth in §401(a)(17) of the code shall be disregarded. The limitation on compensation for an
"eligible employee" shall not be less than the amount which was allowed to be taken into account
hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member
before the first plan year beginning after December 31, 1995.
Creditable service means the total number of years and fractional parts of years of service
as a police officer with member contributions, when required, omitting intervening years or
fractional parts of years when such member was not employed by the Village as a police officer. A
member may voluntarily leave his accumulated contributions in the fund for a period of five(5)years
after leaving the employ of the police department pending the possibility of being re-employed as
a police officer without losing credit for the time that he was a member of the system. If a vested
member leaves the employ of the police department,his accumulated contributions will be returned
only upon his written request. If a member who is not vested is not re-employed as a police officer
within five (5)years, his accumulated contributions shall be returned. Upon return of a member's
accumulated contributions, all of his rights and benefits under the system are forfeited and
terminated. Upon re-employment,a police officer shall not receive credit for the years and fractional
parts of years of service for which he has withdrawn his accumulated contributions from the fund
unless he repays into the fund the contributions he has withdrawn, with interest, as determined by
the board, within ninety (90) days after his re-employment.
The years or fractional parts of years that a member serves in the military service of the
Armed Forces of the United States,voluntarily or involuntarily,after leaving active employment as
a police officer,to perform training or service, shall be added to his years of credited service for all
purposes, including vesting,provided that:
Page-3-
(a) The member returns to his employment as a police officer within one(1)year from
the date of or release from such military service.
(b) The member is entitled to re-employment under the provisions of the Uniformed
Services Employment and Re-employment Rights Act.
(c) The maximum credit for military service shall be five (5)years.
Credited service shall not be deemed to be interrupted by any authorized leave of absence or
vacation, provided that all members similarly situated shall be treated alike pursuant to uniform,
nondiscriminatory rules.
Custodian means the entity designated to serve as the custodian of the fund of the system.
Effective date means March 1,2000.
Employee means any police officer or other designated classification of the Miami Shores
Police Department employed on a permanent basis. Employees service on a part-time capaVillage
or those individuals under contract for a definite period of time or for the performance of a particular
or specific purpose with the Village shall be ineligible to participate in this plan.
Fiscal year means the twelve-month period beginning October 1St through September 30t*'.
Fund means the trust fund established herein as part of the system.
Investment advisor means an entity designated to supervise or manage the investment of
assets of the fund.
Member means an actively employed police officer or other duly specified classification of
the Department who fulfills the prescribed membership requirements;or,any former police officer
or other specified classification 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 of the Plan unless such
employee shall have completed a minimum of one (1)year of continuous service.
Membership service means service rendered while a member of the plan for which credit is
allowable.
Military service means service in the United States armed forces.
Pension board or Board of Trustees means the group of individuals charged with the
responsibilities to administer the plan.
Plan means the Miami Shores Police Officers' Retirement System.
Police officer means a person employed full time by the Village, who is certified as a law
enforcement officer in compliance with the provisions of§943.1395,Florida Statutes,who is vested
with authority to bear arms and make arrests, whose primary responsibility is the prevention and
detection of crime or the enforcement of the penal,traffic or highway laws of the State of Florida,
and who has permanent status with the Village.
Page-4-
Preexisting Condition means
(a) Any condition, disease or ailment which existed on or before the date a member
became eligible for membership in the system; or
(b) Any condition,disease or ailment for which a member received medical or surgical
treatment or advice within five (5) years prior to the date such a member became
eligible for membership in the system; or
(c) Any complication or aggravation of such condition, disease or ailment.
Regular Interest means the actuarial valuation rate of interest adopted by the Board of
Trustees which periodically may be revised or modified with the recommendation of the plan's
actuary.
Retiree means a member who has retired under the provisions hereof and is receiving benefits
from the fund.
Retirement means a member's separation from Village employment with eligibility for
immediate receipt of benefits under the system.
Service means employment as a duly designated employee for which compensation is
remitted by the Village for services rendered.
Spouse means the lawful wife or husband of a member.
System means the Miami Shores Police Officers'Retirement System as contained herein and
all amendments thereto.
Village means Miami Shores Village, Florida.
Withdrawal from service means complete severance of employment of any member as an
employee of Miami Shores Police Department by resignation,discharge,dismissal or other specific
separation from the Village.
The masculine gender,where used herein,unless the context specifically requires otherwise,
shall include both the feminine and masculine genders.
Sec. 18-65. Pension board-Function; membership; organization; meetings.
(a) Purpose; composition; terms. The sole and exclusive administration of and responsibility
for the proper operation of the system and for making effective the provisions of this ordinance is
hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The
board shall consist of five(5)trustees comprised as follows:two(2)trustees,who unless otherwise
prohibited by law shall be legal residents of the Village;who shall be appointed by the Miami Shores
Village Council;two(2)members shall be Village police officers,elected by a majority vote of the
eligible membership of the Miami Shores Police Retirement System. The fifth trustee shall be
chosen by a majority of the previous four(4)trustees,as provided for herein,and such person's name
shall be submitted to the Village Council. Upon receipt of the fourth person's name, the Miami
Shores Village Council shall, as a ministerial duty, appoint such person to the board of trustees as
Page-5-
its fifth trustee. With the exception of the elected official,the trustees shall each serve for a two-year
period or until their successors are appointed or elected, which selection shall be evidenced by a
written acceptance of such selection. Appointed members may be removed from their trustee
position by a majority vote of the Village Council. For the two trustee positions filled by police
officers,service will continue for previously identified two-year period unless they sooner leave their
employment with the Village as a police office or otherwise vacates their respective office as trustee,
whereupon a successor shall be chosen in the same manner as originally specified herein. Each
trustee may succeed himself in office. The Board shall establish and administer the nominating and
election procedures for each election. The board shall meet as a whole each quarter or on other
regular schedules as amended by the Board. The Board shall be a legal entity with, in addition to
other powers and responsibilities contained herein,the power to bring and defend lawsuits of every
kind,nature and description.
Each trustee shall be entitled to one vote on the board. Three(3)affirmative votes shall be
necessary for any decision by the trustees at any meeting of the board.
The board shall.engage such actuarial, accounting, legal and other services as shall be
required to transact the business of the system. The compensation of all persons engaged by the
board and all other expenses of the board necessary for the operation of the system shall be paid from
the fund at such rates and in such amounts as the board shall agree. In the event the board chooses
to use the Village's legal counsel, actuary or other professional,technical or other advisors, it shall
do so only under terms and conditions acceptable to the board.(2) Chair; Secretary. The Board
shall elect a chair and secretary from among its members. The secretary shall be charged to maintain
all records of meetings and actions. With the chair, the secretary shall execute on behalf of the
Board any paper, documents or other instruments resulting from board action and so required for
legal compliance.
(b) Compensation. The board members shall serve without compensation.
(c) Reimbursements. The board members shall be entitled to reimbursement of all reasonable
and necessary disbursements made or expenses incurred as a result of the performance of their
respective duties and responsibilities.
(d) Personal liability. No member shall be personally liable by virtue of any contract,
agreement,bond or other instrument or undertaking made or executed by them as a member of the
board,nor for honest mistakes of judgment nor for any loss unless such loss is resultant from their
own wilful misconduct; and, no member shall be liable for the act of neglect, omission or
wrongdoing of any other member or for those of board agents or counsel.
(e) Indemnity. 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 with
the Village,including the cost of litigation and counsel fees except for such act,omission or conduct
for which such member is liable under subsection(2d) of this section.
(f) Meetings;quorum. Meetings of the board shall be held at such times and places as a majority
of the members shall periodically determine. A majority of the membership shall constitute a
quorum and all decisions,acts and resolutions of the Board shall be by affirmative vote of three(3)
eligible members.
Page-6-
(g) Vacancies. Any appointed member may resign at any time by delivering their resignation
to the Village Clerk and such resignation shall thereafter take effect as therein specified. An
appointed member may also be removed at the pleasure of the Village Council. Appointed vacancies
shall be filled by action of the Village Council. Elected vacancies shall be filled by an immediate
election of a new representative. Persons appointed or elected to a vacancy shall serve out the term
of the original incumbent. While the vacancy exists,the remaining members,provided that they are
not less than three (3)trustees, are authorized to perform all functions of the Board.
Sec. 18-66. Same-Powers and duties.
The Board shall have the duties expressly provided or implied under the provisions of the plan,and
in addition thereto, shall:
(1) To construe the provisions of the system and determine all questions arising
thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(4) To establish uniform rules and procedures to be followed for administrative purposes,
benefit applications and all matters required to administer the system.
(5) To distribute to members, from time to time, information concerning the system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund and to notify the custodian, in
writing, of approved benefit payments and other expenditures arising through
operation of the system.
(8) To authorize actuarial studies and valuations as of the end of each calendar year and
make recommendations regarding any and all changes in the provisions of the
system, including any required benefits or other improvements.
(9) To maintain or have maintained accurate records of credited service, accumulated
contributions and such other data as may be necessary or prudent.
(10) To invest and reinvest the assets of the pension fund in accordance to the criteria set
forth in the Statement of Investment Policy Goals and Guidelines for the Village's
pension plans as amended on November 14, 1996,incorporated herein by reference.
(11) To periodically determine the proper asset allocation directives to the plan's
investment or money manager(s).
(12) To recommend the appointment of corporate trustee(s) for the management,
investment and safekeeping of the fund herein created.
(13) To perform such other duties as are required prudently to administer the system.
Page-7-
Sec 18-67. Same—Legal advisory.
The attorney for the Village shall be the legal advisor to the Board and the Board may,at its
discretion, elect to employ other legal counsel.
Sec. 18-68. Trust indenture; trustee.
(1) 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 the fund. The trustee shall disburse moneys from the
fund upon the written authorization of the board in accordance with the provisions
of the plan. All moneys in the fund available for investment shall be invested or
reinvested by the trustee,subject to the terms,restrictions and conditions prescribed
in the trust indenture.
(2) 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.
(3) 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 fiscal 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 information pertinent
to the operation of the trust,and shall submit such other reports from time to time as
may be necessary.
(4) The Board is authorized, subject to the approval by the Village Council, to select
more than one trustee,in which event each trustee shall operate under a separate trust
indenture and each trustee shall keep only the cash, securities, and other assets
acquired under the plan in accordance with the terms thereof.
Sec. 18-69. Special fund for police officers.
(1) There is hereby created in the Village a special fund, separate and distinct from the
Miami Shores Pension Fund, into which shall be paid all monies hereafter received
on or before December 31, 1969,by the Village under the provisions of F.S.Chapters
175 and 185, to the credit of the police officers who are members of the Miami
Shores Police Officers Retirement Plan, hereinafter referred to as participants,
prorated in proportion to the number of years of credited services.
Page-8-
(2) The special fund shall be administered by the Board and the same trustees who are
administering the pension plan.
(3) Each participant shall be entitled to one(1)share in the special fund for each full year
of service as a patrol officer of the Village rendered before and/or after August 18,
1970. Promptly after August 18, 1970 shall be determined and a record thereof shall
be made on the participant's service record and the participant shall thereupon have
as many shares as full years of service shall add one(1)or more shares to the credit
of each participant.
(4) The total monies received,the interest earned on the assets of the special fund, any
gifts,bequests and devises when donated for the fund and the credits forfeited by the
participants shall constitute income to the special fund during each fiscal year and
shall be allocated and the value of the respective participant's share shall be
determined as follows:
(a) The pension board shall pay all costs and expenses of management and
operation for the fiscal year last ended.
(b) The pension board shall set aside as much of the income as it considers
advisable as a reserve for expenses for the current fiscal year.
(c) After deducting the monies called for under(1)and(2)above,the remaining
monies shall be allocated and credited to the share accounts of the respective
participants.
(d) The number of shares to which each participant is entitled at the close of each
fiscal year, shall be added together and the total number of shares thus
determined shall be divided into the net amount of money available to the
allocated and credited to the respective share accounts. The amount to be
credited to the account of each participant will then be obtained by
multiplying the value determined for one (1) share by the total number of
shares to which each participant is entitled.
(e) As promptly as practicable after the close of each fiscal year, the value of
each participant's share shall be calculated and credited to their share account
at the end of the fiscal year for which the calculation is made. Such
calculations shall be made and credits allocated to share accounts once only
in each fiscal year,and prorations shall not be made for a part of a fiscal year.
(5) The individual accounts in the special fund for police officers as of December 31,
1969 shall no longer be augmented, reassigned or charged for expenses. All
disbursements from such special fund shall be made in accordance with subsection
(d) of this section. All further monies received from the State from the receipts of
premiums on casualty insurance written in the Village will hereafter go into the
regular pension trust fund for the exclusive benefit of police officers who are
members of the Miami Shores Police Officers Retirement Plan for the purpose of
providing benefits from the plan in addition to those available to general employees.
(6) The cash received by the trustee in connection with this special fund shall be kept in
a separate account as far as accounting is concerned, but maybe merged and
intermingled with the cash of the pension fund for investment purposes.
Page-9-
(7) Upon death,retirement or termination of employment from the Village,a participant
shall be paid the entire amount standing to their credit in the special fund as of
December 31, 1969 in such manner as they shall elect to receive it,either in a lump
sum, quarterly installments or as an additional retirement annuity. Settlement as
provided herein shall be in full acquittal of all claims of a participant against the
special fund and they shall thereupon cease to be a participant.
(8) The Village shall have no responsibility for the operation of the special fund except
as specified herein and shall bear no expense in the operation of the special fund.
See. 18-70. Amendments.
The Village Council shall have the power to amend the plan, but no amendments shall be
adopted which will reduce the then accrued benefits of members or beneficiaries to which
they would otherwise be entitled by reason of assets then held in the trust fund.
Sec. 18-71. Pension validity.
The board shall have the power to examine into the facts upon which any pension shall
heretofore have been granted under any prior or existing law or shall hereafter be granted or
obtained erroneously, fraudulently or illegally for any reason. The board is empowered to
purge the pension rolls or correct the pension amount of any person heretofore granted a
pension under prior or existing law or hereafter granted a pension under the system if the
same is found to be erroneous, fraudulent or illegal for any reason, and to reclassify any
person who has heretofore under any prior or existing law been or who shall hereafter under
the system be erroneously, improperly or illegally classified. Any overpayments or under
payments shall be corrected and paid or repaid in a reasonable manner determined by the
board.
Sec. 18-72. False,misleading or fraudulent statements; conviction and forfeiture.
(1) It is unlawful for a person to willfully and knowingly make, or cause to be made, or
to assist, conspire with, or urge another to make, or cause to be made, any false,
fraudulent or misleading oral or written statement or withhold or conceal material
information to obtain any benefit from the system.
(2) A person who violates subsection (1) commits a misdemeanor of the first degree,
punishable as provided in §§775.082 or 875.083, Florida Statutes.
(3) In addition to any applicable criminal penalty, upon conviction for a violation
described in subsection (1), a member or beneficiary of the system may, in the
discretion of the board,be required to forfeit the right to receive any or all benefits
to which the person would otherwise be entitled under the system. For purposes of
this subsection,"conviction"means a determination of guilt that is the result of a plea
or trial,regardless of whether adjudication is withheld.
Sec. 18-73. Penalties for violations.
Any plan member who is determined by the pension board to have willfully falsified
pension-related documents or willfully made a false statement in an effort to obtain benefits
hereunder, shall forfeit any right to receive benefits under this plan and shall receive only a
refund of their accumulated contributions to the pension fund.
Page-10-
Sec. 18-74. Forfeiture of pension.
(1) Any member who is convicted of the following offenses committed prior to
retirement, or whose employment is terminated by reason of his admitted
commission, aid or abetment of the following specified offenses, shall forfeit all
rights and benefits under the system, except for the return of his accumulated
contributions as of the date of termination. Specified offenses are as follows:
(a) The committing, aiding or abetting of an embezzlement of public funds.
(b) The committing, aiding or abetting of any theft by a public officer or
employee from employer.
(c) Bribery in connection with the employment of a public officer or employee.
(d) Any felony specified in chapter 838, Florida Statutes.
(e) The committing of an impeachable offense.
(f) The committing of any felony by a public officer or employee who willfully
and with intent to defraud the public or the public agency for which he acts
or in which he is employed of the right to receive the faithful performance of
his duty as a public officer or employee; realizes or obtains or attempts to
obtain a profit, gain or advantage for himself or for some other person
through the use or attempted use of the power, rights, privileges, duties or
position of his public office or employment position.
(2) "Conviction" shall be defined as an adjudication of guilt by a court of competent
jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when
adjudication of guilt is withheld and the accused is placed on probation; or a
conviction by the Senate of an impeachable of offense.
(3) "Court"shall be defined as any state or federal court of competent jurisdiction,which
is exercising its jurisdiction to consider a proceeding involving the alleged
commission of a specified offense. Prior to forfeiture,the board shall hold a hearing
on which notice shall be given to the member whose benefits are being considered
for forfeiture. Said member shall be afforded the right to have an attorney present.
No formal rules of evidence shall apply, but the member shall be afforded a full
opportunity to present his case against forfeiture.
(4) Any member who has received benefits from the system in excess of his accumulated
contributions after member's rights were forfeited shall be required to pay back to the
fund the amount of the benefits received in excess of his accumulated contributions.
The board may implement all legal action necessary to recover such funds.
Sec. 18-75. Finances and fund management; establishment and operation of fund.
(1) As part of the system,there exists the fund, into which shall be deposited all of the
contributions and assets whatsoever attributable to the system.
Page-H-
(2) The actual custody and supervision of the fund(and assets thereof) shall be vested
in the board. Payment of benefits and disbursements from the fund may be made by
the custodian but only upon written authorization from the board.
(3) All funds of the system may be deposited by the board with the Village, acting in a
ministerial capacity only,which shall be liable in the same manner and to the same
extent as it is liable for the safekeeping of funds for the Village. However,any funds
so deposited with the Village shall be kept in a separate fund or clearly identified as
such funds of the system. In lieu thereof, the board may deposit the funds of the
system in a qualified public depository as defined in§280.02,Florida Statutes,which
depository with regard to such funds shall conform to and be bound by all of the
provisions of chapter 280, Florida Statutes. In order to fulfill its investment
responsibilities as set forth herein,the board may retain the services of a custodian.
(4) All funds and securities of the system may be commingled in the fund,provided that
accurate records are maintained at all times reflecting the financial composition of
the fund, including accurate current accounts and entries as regards the following:
(a) Current amounts of accumulated contributions of members on both an
individual and aggregate account basis; and
(b) Receipts and disbursements; and
(c) Benefit payments; and
(d) Current amounts clearly reflecting all monies, funds and assets whatsoever
attributable to contributions and deposits from the Village; and
(e) All interest, dividends and gains (or losses); and
(f) Such other entries as may be properly required so as to reflect a clear and
complete financial report of the fund.
(5) An audit shall be performed annually by a certified public accountant for the most
recent plan year of the system showing a detailed listing of assets and a statement of
all income and disbursements during the year. Such income and disbursements must
be reconciled with the assets at the beginning and end of the year. Such report shall
reflect a complete evaluation of assets on both a cost and market basis, as well as
other items normally included in a certified audit.
(6) The board shall have the following investment powers and authority,which may be
delegated to one or more investment advisors selected and supervised by the board.
(a) The fund may be invested and reinvested in such securities or property real
or personal wherever situated and of whatsoever kind, including but not
limited to stocks, common or preferred, bonds and other evidences of
indebtedness or ownership.
(b) The board may retain in cash and keep unproductive of income such amount
of the fund as it may deem advisable,having regard for cash requirements of
the system.
Page-12-
(c) No person or entity shall be liable for the making, retention or sale of any
investment or reinvestment made as herein provided, nor for any loss or
diminishment of the fund,except that due to his or its own negligence,willful
misconduct or lack of good faith.
(d) The board may cause any investment in securities held by it to be registered
in or transferred into the name of the fund or into the name of such nominee
as the board may direct, or it may retain them unregistered solely to permit
transferability, but the books and records shall at all times show that all
investments are part of the fund.
(e) The board is empowered,but is not required,to vote upon any stocks,bonds
or securities of any corporation, association or trust and to give general or
specific proxies or powers of attorney with or without power of substitution;
to participate in mergers, reorganizations, recapitalizations, consolidations
and similar transactions with respect to such securities;to deposit such stock
or other securities in any voting trust or any protective or like committee or
with the trustees or with depositaries designated thereby;to amortize or fail
to amortize any part or all of the premium or discount resulting from the
acquisition or disposition of assets; and generally, to exercise any of the
powers of an owner with respect to stocks,bonds or other investments of the
fund which it may deem to be to the best interest of the fund.
(f) At least once every, three (3) years, and more often as determined by the
board, the board shall retain a professionally qualified independent
consultant, as defined in §185.06, Florida Statutes, to evaluate the
performance of all existing investment advisors and make recommendations
regarding retention of all such investment advisors or selection of
replacements or additional investment managers. These recommendations
shall be considered by the board at its next regularly scheduled meeting.
Sec. 18-76. Membership eligibility and conditions.
(1) Conditions of eligibility. All regular, full-time police officers and other duly
designated classifications shall be eligible for membership in the system.
Membership shall be a mandatory condition of employment;participation into such
plan shall begin exactly one year from the date on which employment began as
adjusted for unauthorized absences or other days not worked during that first year of
employment.
(2) Application. Each eligible employee shall complete an application form covering the
following points, as well as such other points or items as may be prescribed by the
board:
(a) Such employee's acceptance of the terms and conditions of the system; and
(b) Such employee's designation of a beneficiary or beneficiaries. A member
may from time to time change his designated beneficiary by written notice to
the board upon a form provided by the board. Upon such change,the rights
of all previously designated beneficiaries to receive any benefit under the
system shall forever cease
Page-13-
See. 18-77. Membership.
(1) All employees in service on the effective date of the plan who are twenty-one (2 1)
years of age or over and have one (1)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 service requirements and their contributions shall begin with the first
payroll period after the effective date they became eligible.
(2) Any person who becomes an employee after the date this section takes effect shall,
upon completion of one(1)year of continuous service,become a member of the plan
as a condition of employment. Contributions of such employee under this plan shall
begin with the first payroll period after the age and service requirements shall have
been fulfilled and creditable service shall then begin to accrue. It shall be optional
with all Village employees who serve at the will of the Village Council,including but
not limited to the Village Manager, Village Clerk and Village Attorney, to be
excluded from the Village pension plan by filing with the pension board written
request for exclusion prior to completion of one (1) year of service. Provided,
nevertheless,that any employee presently serving at the will of the Council shall have
sixty (60) days from the date of adoption of this section within which to elect to be
excluded.
(3) Upon withdrawal from service, the member's accumulated contributions shall be
refunded to them and they shall thereupon cease to be a member of the plan.
See. 18-78. Creditable service.
(1) After January 1, 1967 all service of a member since they last became a member with
respect to which contributions are made, shall count as membership service, except
that if any employee shall remain in the service of the Village for ten(10)years or
more, their creditable service shall be computed from their date of employment.
Nothing in this subsection, however, will allow an employee to receive more than
thirty (30)years of membership service and/or creditable service.
(2) Each employee in service on January 1, 1967 who became a member on that date,
shall receive prior service credit for employment with the Village prior to the
effective date, such service credit beginning one (1) year after the date of
employment or upon the attainment of age twenty-one (21), such service credit
beginning one (1)year after the date of employment or upon the attainment of age
twenty-one(2 1)whichever occurred later;except that any employee in service on the
effective date who became a member on the effective date, and who remains in the
service of the Village for ten(10)years or more,shall receive prior service credit for
employment with the Village prior to the effective date,such service credit beginning
on the date of employment or upon the attainment of age twenty-one(2 1)whichever
occurred later.
(3) 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 with the Village,
provided the employee has re-entered the employ of the Village within ninety (90)
days after their honorable discharge from such military service and provided further
that the employee has paid into the plan an amount equal to the contributions they
would have made based upon their salary immediately prior to entry into military
service had they been so employed by the Village during their absence on account of
their respective military service.
Page-14-
See. 18-79. Service retirement allowance.
(1) Any police officer upon withdrawal from service upon or after the completion of
twenty-five (25) years of creditable service and any general employee upon
withdrawal from service upon or after the attainment of age sixty-two (62) years,
shall become entitled to receive a service retirement annuity in an amount provided
under subsection(c)of this section. If an employee of the Village has been classified
as a police officer for part of their employment with the Village and a general
employee for another part of their respective service with the Village,their age for
entitlement to receive a service retirement annuity willb a adjusted upon their date
of change in classification in the following manner:
(a) If the employee was classified immediately prior to the current date of change
as a police officer and changes classification to a general employee, their
adjusted age of entitlement to receive a service retirement annuity will be as
follows-> [(1)+(2)+(3)+(4)],where:
(1) is the age of the member as of the date on which such member would
have completed twenty-five (25) years of creditable service assuming
continued full-time service with the Village multiplied by years and fractions
of creditable service accrued to date of current change of classification while
classified as a police officer;
(2) is sixty-two (62) multiplied by years of fractions of creditable service
accrued to date of current change of classification while classified as a
general employee;
(3)is sixty-two(62)multiplied by the number of years and fractions from the
date of change until the date the employee would attain the age of sixty-two
(62); and,
(4)is the number of years and fractions of creditable service the employee has
accrued at their current date plus the number of years and fractions from the
date of current change until the date the employee will attain age sixty-two
(62).
(2) Any member who shall have completed at least fifteen (15) years of creditable
service may withdraw from service at the age of fifty-five (55) or over and shall
thereupon become entitled to receive a service retirement annuity equal to the
actuarial value of their annuity at age sixty-two (62)or at their option such member
shall become entitled to the service retirement annuity, the payment of which
however is to be deferred until their attainment of age sixty-two (62).
(3) (a) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment prior to July 1, 1989 shall be an amount that
will be equal to two (2)percent of the monthly average final compensation
multiplied by the number of years of creditable service up to twenty-five(25)
years plus two and one half percent (2 `/2) of the monthly average final
compensation multiplied by the number of years of creditable service over
twenty-five(25)years but not exceed a total of thirty(30)years of creditable
service.
Page-15-
e
(b) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment prior to July 1, 1989 and before October 1,
1992 shall be entitled[and]shall be equal to two and four-tenths(2.4)percent
of the monthly average final compensation multiplied by the number of years
of creditable service up to twenty-five (25) years plus two and one half
percent (2.5) of the monthly average final compensation multiplied by the
number of years of creditable service over twenty-five (25) years but not
exceed a total of thirty (30)years of creditable service.
(c) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment between October 1, 1992 and September
30, 1993 shall be an amount that will be equal to two and four-tenths (2.4)
percent of the monthly average final compensation multiplied by the number
of years of creditable service up to fifteen (15) years; plus two and seven-
tenths(2.7)percent of the monthly average final compensation multiplied by
the number of years of creditable service beginning at sixteen(16)years and
up to twenty-five (25) years; plus two and one-half (2.5) percent of the
monthly average final compensation multiplied by the number of years of
creditable service over twenty-five (25) years, but not to exceed a total of
thirty(3 0)years of creditable service. The employee's contribution shall not
exceed nine (9)percent of their earnable compensation.
(d) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment subsequent to October 1, 1993 and prior to
September 30, 1994 shall be an amount that will be equal to two and four-
tenths(2.40%)percent of the monthly average final compensation multiplied
by the number of years of creditable service up to ten(10)years;plus two and
seven-tenths (2.7%) percent of the monthly average final compensation
multiplied by the number of years of creditable service beginning at eleven
(11) years and up to twenty-five (25) years; plus two and one-half(2.5%)
percent of the monthly average final compensation;but not to exceed a total
of thirty (30) years of creditable service. Under no circumstance shall an
employee receive an amount of monthly retirement annuity less than two
(2.0%)percent times the total number of years of service. The employee's
contribution shall not exceed nine (9.00%) percent of the employee's
compensation.
(e) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment subsequent to October 1, 1993 and prior to
September 30, 1994 shall be an amount that will be equal to two and four-
tenths(2.4)percent of the monthly average final compensation multiplied by
the number of years of creditable service up to five (5)years; plus two and
seven-tenths (2.7) percent of the monthly average final compensation
multiplied by the number of years of creditable service beginning at six (6)
years and up to twenty-five(25)years;plus two and one-half(2.5)percent of
the monthly average final compensation multiplied by the number of years of
creditable service over twenty-five (25) years, but not to exceed a total of
thirty (30) years of creditable service; plus two (2) percent of the monthly
average final compensation multiplied by the number of years of creditable
service over thirty-nine and one-fourth (39.25) years. Under no
circumstances shall an employee receive an amount of monthly retirement
annuity less than two (2)percent times the total number of years of service.
The employee's contribution shall not exceed nine (9) percent of the
employee's contribution.
Page-16-
(f) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment subsequent to October 1, 1995 and prior to
September 30, 1996 shall be an amount that will be equal to two and four-
tenths(2.4)percent of the monthly average final compensation multiplied by
the number of years of creditable service up to five (5) years; plus two and
three-quarter (2.75) percent of the monthly average final compensation
multiplied by the number of years of creditable service beginning at six (6)
years and up to twenty-five(25)years;plus two and three-tenths(2.3)percent
of the monthly average final compensation multiplied by the number of years
of creditable service over twenty-five(25)years,but not to exceed a total of
thirty (30) years of creditable service; plus two (2) percent of the monthly
average final compensation multiplied by the number of years of creditable
service over thirty-nine and one-fourth (39.25) years. Under no
circumstances shall an employee receive an amount of monthly retirement
annuity less than two (2)percent times the total number of years of service.
The employee's contribution shall not exceed nine (9) percent of the
employee's contribution.
(g) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment subsequent to October 1, 1996 and prior to
September 30, 1997 shall be an amount that will be equal to two and four-
tenths(2.4)percent of the monthly average final compensation multiplied by
the number of years of creditable service up to five (5)years; plus two and
eight-tenths (2.8) percent of the monthly average final compensation
multiplied by the number of years of creditable service beginning at six(6)
years and up to twenty-five(25)years; plus two and one-tenth(2.1)percent
of the monthly average final compensation multiplied by the number of years
of creditable service over twenty-five(25)years,but not to exceed a total of
thirty (30) years of creditable service; plus two (2) percent of the monthly
average final compensation multiplied by the number of years of creditable
service over thirty-nine and one-fourth (39.25) years. Under no
circumstances shall an employee receive an amount of monthly retirement
annuity less than two (2)percent times the total number of years of service.
(h) The amount of monthly retirement annuity to which a police officer who
retires or terminates employment subsequent to October 1, 1997 and prior to
September 30, 1998 shall be an amount that will be equal to two and four-
tenths(2.4)percent of the monthly average final compensation multiplied by
the number of years of creditable service up to five (5)years; plus two and
eighty-five hundredths (2.85) percent of the monthly average final
compensation multiplied by the number of years of creditable service
beginning at six(6)years and up to twenty-five(25)years;plus one and nine-
tenths(1.9)percent of the monthly average final compensation multiplied by
the number of years of creditable service over twenty-five(25)years,but not
to exceed a total of thirty(3 0)years of creditable service;plus two(2)percent
of the monthly average final compensation multiplied by the number of years
of creditable service over thirty-nine and one-fourth(39.25)years. Under no
circumstances shall an employee receive an amount of monthly retirement
annuity less than two (2)percent times the total number of years of service.
Page-17-
See. 18-80. Reversionary annuity.
(1) 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 their equity as actuarially determined, provide an annuity for a
designated beneficiary (or beneficiaries), as named in a written direction filed with
the board; provided, that the reversionary annuity resulting from such election is
found to be not less than ten dollars ($10.00) monthly, nor more than the amount
reduced service retirement annuity to which the member is entitled. If more than one
(1) beneficiary is designated by a member,the amount of the annuity as actuarially
determined shall be equally apportioned among the beneficiaries.
(2) Any such reversionary annuity shall begin as of the first day of the month following
the date of the death of the member receiving service retirement annuity;provided,
that the person or persons designated to receive the reversionary annuity shall have
been alive on the date of the death of such member, but if any such designated
beneficiary does not survive the member who shall be receiving service retirement
annuity, no reversionary annuity shall be payable to such deceased beneficiary,nor
shall any member be permitted to change their designated beneficiary (or
beneficiaries)more than two (2)times after the service retirement annuity has been
granted and become effective.
Sec. 18-81. Death benefit.
(1) Upon the death of a member prior to retirement,their executor or administrator, or
such person as they shall have nominated by written direction duly acknowledged
and filed with the board shall receive a refund of accumulated contributions with
interest at three (3)percent compounded annually to their date of termination.
(2) Upon the death of a retired member,unless a reversionary annuity is payable under
the provisions of Section 18-80, 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 the time of retirement on service
retirement annuity over the total amount of all service retirement annuity payments
received by the retired member prior to their death.
Sec. 18-82. Disability benefits for police officers.
(1) A police officer who, prior to his normal retirement date, becomes totally and
permanently disabled as defined in subsection (b), below, by reason of any cause
other than a cause set out in subsection(c),below and meets the service requirements
set out in subsection (d) below, may retire and receive benefits as provided in
subsection(e). Such retirement shall be referred to as disability retirement.
a. Definitions. As used in this subsection(2)(b),the following definitions shall
apply:
1. Body fluids means blood and body fluids containing visible blood
body fluids to which universal precautions for of occupational
transmission of blood-borne as established by the Centers for Disease
Control, apply. For purposes of potential transmission of
meningococcal meningitis or tuberculosis, the term "body fluids"
Page-18-
includes respiratory, salivary and sinus fluids, including droplets,
sputum and saliva,mucous and other fluids through which infectious
airborne organisms can be transmitted between persons.
2. Emergency rescue or public safety member means any member
employed full-time by the Village as a firefighter, paramedic,
emergency medical technician, law enforcement officer or
correctional officer who, in the course of employment, runs a high
risk of occupational exposure to hepatitis,meningococcal meningitis
or tuberculosis and who is not employed elsewhere in a similar
capacity with the Village.
3. Hepatitis means hepatitis A, hepatitis B, hepatitis non-A, hepatitis
non-B, hepatitis C, or any other strain of hepatitis generally
recognized by the medical community.
4. High risk of occupational exposure means that risk that is incurred
because a person subject to the provisions of this subsection, in
performing the basic duties associated with his employment:
I. Provides emergency medical treatment in a nonhealth-care
setting where there is a potential for transfer of body fluids
between persons;
II At the site of an accident,fire or other rescue or public safety
operation,or in an emergency rescue or public safety vehicle,
handles body fluids in or out of containers or works with or
otherwise handles needles or other sharp instruments exposed
to body fluids;
III. Engages in the pursuit, apprehension and arrest of law
violators or suspected law violators and, in performing such
duties,may be exposed to body fluids; or
IV. Is responsible for the custody, and physical restraint when
necessary,of prisoners or inmates within a prison,j ail or other
criminal detention facility, while on work detail outside the
facility, or while being transported and, in performing such
duties,may be exposed to body fluids.
5. Occupational exposure,in the case of hepatitis,meningococcal meningitis or
tuberculosis, means an exposure that occurs during the performance of job
duties that may place a worker at risk of infection.
(b) A police officer will be considered totally disabled if,in the opinion of the pension
board, they are wholly prevented from rendering useful and efficient service as a
police office and their disability resulted from a cause other than as specified in
subsection(c),below; and a police officer will be considered permanently disabled
if, in the opinion of the pension board, such police officer is likely to remain so
disabled continuously and permanently.
(c) A police officer will not be entitled to receive any disability retirement income if the
disability is a result of:
Page-19-
(1) The officer's use of illegal drugs or narcotics, or the officer's excessive and
habitual use of intoxicants;
(2) Injury or disease sustained by the police officer while willfully and illegally
participating in fights,riots,civil insurrection or while committing a crime;
(3) Injury or disease sustained by the police officer while serving in any armed
forces;
(4) Injury or disease sustained by the police officer after their village
employment has terminated;
(5) Injury or disease sustained by the police officer while working for anyone
other than the village and arising out of such employment.
(d) Service requirements for disability retirement:
(1) A police officer who is determined to be totally and permanently disabled as
a result of injury or illness arising out of their duties as a Miami Shores police
officer, shall be eligible for disability retirement benefits from the first day
of membership in the plan.
(2) A police officer with ten(10)or more years of creditable service as a police
officer who is not eligible for early retirement and who is determined to be
totally and permanently disabled as the result of injury or illness not arising
out of their duties as a Miami Shores Village police officer, shall be eligible
for disability retirement benefits.
(3) A police officer who becomes disabled as the result of injury or illness arising
out of their duties as a Miami Shores Village police officer,and as a result of
such disability receives long-term disability insurance benefits through an
insurance policy provided by Miami Shores Village,shall not be disqualified
from receiving disability retirement benefits based on the fact that the
employee is not a police officer at the time that they apply for disability
retirement benefits; provided the employee's creditable service as a police
officer meets the requirements of paragraph(1)or(2)above. This paragraph
shall be effective only so long as the village provides long-term disability
insurance coverage for police officers.
(e) The benefit payable to a police officer who retires with a total and permanent
disability as a result of a disability commencing prior to their normal retirement date
is the monthly income payable for ten(10)years certain life for which, if the police
officers' disability occurred in the line of duty, their monthly benefit shall be the
accrued retirement benefit,but shall not be less than forty-two percent(42%)of their
average monthly compensation as of their disability retirement date, subject to the
offset contained in subsection(f)below. If the disability occurred other than in the
line of duty,and the police officer meets the applicable service requirements set forth
in subsection(d)above,the police officer's monthly benefit shall the accrued normal
retirement benefit, but shall not be less than twenty-five percent (25%) of their
average monthly compensation as of their respective disability retirement date.
Page-20-
(f) Benefit offset. The disability retirement benefits described above shall be reduced by
any workers' compensation indemnity benefits received by the member for any
period after the member is determined to be totally and permanently disabled
pursuant to this section, to the extent that the workers' compensation indemnity
benefits, when added to the member's disability retirement benefits, exceed the
member's average monthly compensation as of their respective disability retirement
date. In the case of a lump sum settlement of workers' compensation benefits,the
disability retirement benefit payable to the disabled police officer shall be adjusted
as follows:
(1) The amount of the lump sum workers' compensation settlement shall be
divided by the member's remaining life expectancy (in months), as
determined using standard actuarial tables approved by the plan actuary;
(2) If the number obtained in paragraph(1)above,when added to the member's
monthly disability retirement benefit,exceeds the member's average monthly
compensation as of their respective disability date,the amount of the excess
shall be deducted from the member's monthly disability retirement benefit for
the duration of the member's remaining life expectancy as determined in
paragraph(1) above;
(3) If the number obtained in paragraph(1)above,when added to the member's
monthly disability retirement benefit does not exceed the member's average
monthly compensation as of their respective disability retirement date,there
shall be no reduction of the member's disability retirement benefits.
(g) The monthly retirement income to which a police officer is entitled in the event of
their disability retirement shall be payable on the first day of the first month after the
pension board determines such entitlement. However, the monthly retirement
income shall be payable as of the date the board determines such entitlement,and any
portion due for a partial month shall be paid together with the first payment. The last
payment will be:
(1) If the police officer recovers from the disability(as defined in subsection(b))
prior to their normal retirement date,the payment due next preceding the date
of such recovery; or,
(2) Ifthe police officer dies without recovering from their disability,the payment
due next preceding their death or the one hundred twentieth(120` )monthly
payment, whichever is later. Any monthly income payments due after the
death of a disabled police officer shall be paid to the police officer's
designated beneficiary or beneficiaries.
(h) Procedures for determination of disabil ity. In order for the pension board to consider
a member's request for disability retirement benefits, the member must apply in
writing to the board. The board may require the member to complete an application
form and submit medical evidence concerning the nature and extent of the member's
disability. Upon receipt of an application for disability benefits,the pension board
shall arrange for an independent medical examination(IME)of the applicant by one
(1) or more physicians as selected and designated by the Board. The physician or
physicians designated by the board shall examine the applicant and submit a written
report to the board concerning the nature and extent of the applicant's disability. The
physician's report shall specifically state whether, in the physician's opinion, the
Page-21-
applicant is totally and permanently disabled as defined in subsection (b) above.
Following the board's receipt of the written report from the physician or physicians
designated to review the application for disability benefits,the pension board shall
schedule a meeting, with reasonable notice to the applicant, to consider the
application.
The applicant shall have an opportunity to present evidence to the pension board
concerning the nature and extent of the applicant's disability. The pension board
shall review all of the evidence,and take action by majority vote to grant or deny the
application. The pension board's action on the application for disability benefits
shall be final.
(i) Any disabled police officer receiving benefits under this section shall be required to
submit to an examination,no more than once each year,conducted by a physician or
physicians designated by the board,to determine if the member has recovered from
their disability. If the pension board finds that a police officer who is receiving
disability retirement benefits is,at any time prior to their normal retirement date,no
longer be disabled as provided in this section,the board shall direct that the disability
retirement benefit be discontinued. Recovery from disability as used herein shall
mean the ability of the police officer to render useful and efficient service as a police
officer.
(j) If the police officer recovers from disability and re-enters the service of the Village
as a police officer, their service will be deemed to have been continuous, but the
period beginning with the first month for which they received a disability retirement
income payment and ending with the date on which they re-entered the service of the
Village will not be considered as creditable service.
(k) Any condition or impairment of health of any police officer caused by tuberculosis,
hypertension, heart disease or hardening of the arteries, resulting in total or partial
disability or death,shall be presumed to be accidental and suffered in the line of duty
unless the contrary be shown by competent evidence. Any condition or impairment
of health caused directly or proximately by exposure,which exposure occurred in the
act of performance of duty at some definite time or place without willful negligence
on the part of the police officer, resulting in total or partial disability, shall be
presumed to be accidental and suffered in the line of duty,provided that such police
officer shall have successfully passed a physical examination upon entering such
service,which physical examination including electrocardiogram failed to reveal any
evidence of such condition, and, further, that such presumption shall not apply to
benefits payable under or granted in a policy of life insurance or disability insurance.
This section shall;be applicable to all police officers only with reference to pension
and retirement benefits.
Sec. 18-83. Contributions.
(1) Member contributions
(a) Amount. Members shall contribute six (6.00%)percent of earnable compensation.
Such contribution shall continue for police officers until their individual retirement
date.
Page-22-
(1) Effective July 1, 1989, the contributions made by police officers shall be
increased by the percentage of compensation determined by the plan's actuary
to be equal to an amount of one-half(%Z) the cost of the benefit increase
provided for and defined in Section 18-79(c),provided that such contribution
increase shall not exceed four(4.00%)percent of earnable compensation in
addition to the six(6.00%)percent contribution set forth and defined herein
this section.
Member contributions withheld by the Village on behalf of members shall be
deposited in the fund immediately after each pay period. The contributions made by
each member to the fund shall be designated as employer contributions pursuant to
§414(h) of the code. Such designation is contingent upon the contributions being
excluded from the members'gross income for Federal Income Tax purposes. For all
other purposes of the system, such contributions shall be considered to be member
contributions.
(b) Method. Member contributions shall be made by payroll deduction.
(c) Duration. Member contributions begin one year after an employee's date of hire and
deductions shall until a member has reached their actual retirement date or their
termination date, whichever occurs first.
(d) Suspension. Should a member be suspended and subsequently reinstated as a police
officer, he may receive credit for the period he was under suspension by making
member contributions for such period, and shall again become a member of the
system. In the event that the reinstatement of such member is made on the basis that
he is entitled to receive full credit for the period of service prior to his date of
suspension and for the period during his suspension as though his employment had
never terminated,then the following shall apply:
(1) Member contributions shall be deducted from compensation that the Village
is required to pay for the period of suspension.
(2) If the suspended member had withdrawn his accumulated contributions,then
he shall repay to the fund an amount equal to the amount of the withdrawal
and the Village shall pay interest thereon, at a rate to be determined by the
board,from the date of withdrawal to the date of repayment. These payments
shall be made within ninety (90) days of the date of reinstatement.
(3) Upon satisfaction of these conditions,the suspended member shall reenter the
system and receive service credit for his credited service prior to his
suspension and for the period of suspension. During the period from the date
of reinstatement to the date when the conditions set forth in subparagraphs 1
and 2 above are satisfied, member contributions shall be made in the same
manner as for other members of the system.
(4) In the event that such suspended member fails to comply with subparagraph
2 above, his credited service shall begin as of his date of reinstatement and
he shall forfeit all credited service prior to the date of reinstatement.
Page-23-
Transfers between employment groups. In the event that a member of the system
changes his job status with the Village such that he is considered to be in a different
employment group,he shall transfer to and become a member of the new group for
purposes of the system as of the date when the change in job status occurs. An
example of a transfer between employment groups is where a general employee
becomes a police officer. In the event of such a transfer,the employee's accumulated
contributions as of the date of transfer shall remain allocable to the previous group.
The member's retirement benefit payable by the previous group shall be calculated
using his credited service as of the date of transfer and his average final
compensation as of the date of his termination of employment or the date of transfer,
whichever amount is greater. This benefit shall be payable commencing on the date
when retirement benefits applicable to his new group status begin. The transferred
employee shall not be eligible for any other benefits from the previous group. For
purposes of determining his eligibility for vesting, death, disability and retirement
benefits as a member of the new group,the employee's credited service prior to the
date of transfer shall be included. For the purposes of determining the amount of any
vesting and retirement benefits as a member of the new group,only credited service
following the date of transfer shall be included. For purposes of determining the
amount of any death or disability benefits as a member of the new group, the
employee's credited service prior to date of transfer shall be included.
(2) State contributions.
(a) Any monies received or receivable by reason of the laws of the State of Florida for
the purpose of funding and paying for retirement benefits for police officers shall be
used to provide benefits for police officers that are in addition to or greater than
benefits provided for general employees ofthe Village. Additional or greater benefits
may take the form of lower retirement ages, higher benefit accrual rates, higher
disability benefits or any other type of extra benefit. Such monies shall be deposited
in the fund immediately and under no circumstances more than five (5) days after
receipt by the Village. The Village may provide authorization for direct payment to
the board.
(b) Each year,as part of the actuarial valuation,the system's actuary shall determine the
cost of benefits provided for members over and above those provided for general
employees of the Village. The cost of additional benefits shall be equal to the excess
of the required annual contribution for benefits of members over the required annual
contribution that will result if members were covered by the same benefits as general
employees of the Village. The Village shall take a credit against its required annual
contribution in an amount equal to the lesser of the cost of the additional benefits or
the monies received from the State of Florida for the year.
(3) Village contributions. Each year the Village shall,not less frequently than quarterly,make
contributions to the fund in an amount equal to the difference in each year between the total
aggregate member contributions for the year, interest income from investments and other income
received by the plan,plus state contributions for such year,and the total cost for the year,as shown
by the most recent actuarial valuation of the system. The total cost for any year shall be defined as
the total normal cost plus the additional amount sufficient to amortize all unfunded past service
liability as provided in Part VII of chapter 112,Florida Statutes. This funding will be made provided
that the total annual Village contribution does not exceed the amount or value equivalent to one(1)
mill on taxable property in the Village according to the next preceding assessment,unless a greater
contribution is mandated by state law(s).
Page-24-
(4) Other. Private donations, gifts and other contributions shall be deposited to the fund, but
such deposits may be used only for additional benefits for members,as determined by the board,and
may not be used to reduce what would have otherwise been required Village contributions.
Sec. 18-84. Vesting rights
(1) Members shall,by virtue of the payment of the contributions required to be paid to
this plan, receive a vested interest in the accrued benefits earned by such members
upon completion of ten (10) years of creditable service. If separated from service
after ten (10) years of creditable service the member shall be entitled to a service
retirement annuity after attainment of normal retirement age. If upon separation of
service the member has completed at least fifteen (15) years of creditable service,
they shall be eligible to elect a service retirement annuity as provided under section
18-79 after attainment of age fifty-five (55) in lieu of receipt at normal retirement
age. These amounts will be payable provided such members have not applied for and
have not received a refund of their contributions to the Plan. Each such member in
consideration of such vested interest, shall be deemed to have agreed to, and
authorized the deduction from the payments of salary and all contributions payable
to the plan in accordance with the plan.
(2) Payment of salary, less the amounts of contributions provided in the 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.
Sec. 18-85. Refund of contributions.
(1) Upon withdrawal from the service of the Village,a member shall receive a refund of
their accumulated contributions,provided,however,that the refund of contribution
is due to total and permanent disability as defined under the social security law,such
that the employee is eligible for federal social security disability benefits and such
eligibility for federal social security benefits shall be satisfactory evidence of the
employee's total permanent disability, the member will receive a refund of
accumulated contributions with interest at three percent(3%),compounded annually
to their date of terminations.
(2) Any member receiving a refund of contributions shall thereby forfeit and relinquish
all accrued rights in the plan,including all accumulated creditable service;provided,
if within one (1) year of such forfeiture any member who has withdrawn their
contributions as provided for in this section shall re-enter the service of the Village,
an again become a member of the plan, they may restore all monies previously
received by them as a refund,including regular interest for the period of their absence
from the Village service, and they shall then again receive credit for service which
they forfeited by the acceptance of such refund. Such restoration shall be permitted
on ly if a member shall have rendered at least two (2) years of continuous service
following the latest re-entry into the service of the Village during which they shall
have made contributions to the plan.
Sec. 18-86. Optional forms of benefits.
(1) In lieu of the amount and form of retirement income payable as specified herein, a
member,upon written request to the board,may elect to receive a retirement income
or benefit of actuarial equivalence,payable in accordance with one of the following
options:
Page-25-
(a) A monthly benefit payable to the retiree for his lifetime only.
(b) A monthly benefit payable to the retiree during his lifetime and following his
death,one hundred percent(100%),seventy-five percent(75%),sixty-six and
two-thirds percent(66-2/3%)or fifty percent(50%)of such monthly amount,
payable for the beneficiary's lifetime. In no event,however,shall the present
value of payments to the retiree be less than fifty percent(50%) of the total
present value of payments to the retiree and his beneficiary.
(c) If a member retires prior to the time at which Social Security benefits are
payable,he may elect to receive an increased monthly benefit until such time
as Social Security benefits shall be assumed to commence and a reduced
benefit thereafter in order to provide,to as great an extent as possible,a more
level retirement allowance during the entire period of retirement. The
amounts payable shall be as recommended by the actuary for the system,
based upon the Social Security law in effect at the time of the member's
retirement.
(2) A member who elects any option in this section shall designate the beneficiary to
receive the benefit,if any,payable under the system in the event of member's death,
and will have the power to change such designation from time to time. Such
designation shall name one or more primary beneficiaries where applicable. If a
member has elected an option with a beneficiary and such member's retirement
benefits have commenced, such member may thereafter change his designated
beneficiary at any time, provided the beneficiary is alive at the time of the change.
(3) The board may request such evidence of good health of the beneficiary being
removed as it may require.
(4) The consent of a member's or retiree's beneficiary to change thereof shall not be
required. The rights of all previously-designated beneficiaries to receive any benefits
under the system shall thereupon forever cease.
(5) Upon change of a retiree's beneficiary in accordance herewith, the amount of the
monthly benefit payable to the retiree shall be actuarially recalculated to take into
account the age and sex of the former beneficiary, of the new beneficiary and of the
retiree. Any such retiree shall pay the actuarial recalculation expenses and shall
make repayment of any overage of previously-paid pension benefits as a result of said
recalculation. Each request for a change shall be made in writing on a form prepared
by the board. In the event that no designated beneficiary survives the retiree, such
benefits as may be payable in the event of the death of the retiree shall be paid as
provided in section 12.
(6) Monthly benefits shall be made under the option elected and shall be subject to the
following limitations:
(a) If a member dies prior to his early retirement date,no retirement benefit will
be payable under the option to any person, but the benefits, if any, will be
determined under section 8.
Page-26-
(b) If the designated beneficiary dies before the member retires, the option
elected will be canceled automatically and a monthly benefit in the normal
form and amount will be payable to the member upon his retirement as if the
election had not been made, unless a new election is made or a new
beneficiary is designated by the member prior to his retirement.
(c) If both the retiree and all beneficiaries designated by the member or retiree
die before the full payment has been made under any option providing for
payments for a period certain and life thereafter, the board may, in its
discretion,direct that the commuted value of the remaining payments be paid
in a lump sum and in accordance with section 12.
(d) If a member continues employment beyond his normal retirement date and
dies prior to his actual retirement and while an option is in effect, monthly
benefits shall be paid under said option to the beneficiary or beneficiaries in
an amount as if the member had retired under said option on the date on
which his death occurred.
(7) A retiree may not change his retirement option after the date of cashing or depositing
his first benefit check.
(8) Notwithstanding anything herein to the contrary, the board, in its discretion, may
elect to make a lump-sum payment to a member or a member's beneficiary in the
event that the monthly benefit amount is less than one hundred dollars($100.00)or
the total commuted value of the remaining monthly benefits to be paid do not exceed
five thousand dollars ($5,000.00). Any such payment made pursuant hereto shall
operate as a complete discharge of all obligations under the system with regard to
such member and shall not be subject to review by anyone,but shall be final,binding
and conclusive on all persons.
See. 18-87. Beneficiaries.
(1) Each member or retiree shall,on a form provided for that purpose,signed and filed with the
board,designate a beneficiary to receive the benefit,if any,that may be payable in the event
of his death. Each designation may be revoked or changed by such member or retiree by
signing and filing with the board a new designation form. Upon such change,the rights of
all previously-designated beneficiaries to receive any benefits under the system shall forever
cease.
(2) If a deceased member or retiree duly failed to name a beneficiary or if all beneficiaries so
named predecease the member or retiree,the death benefit,if any,that may be payable under
the system with respect to such deceased member or retiree shall be paid to the estate of the
member or retiree and the board,in its discretion,may direct that the commuted value of the
remaining monthly benefits be paid in a lump sum.
(3) Any such payment hereto shall operate as a complete discharge of all obligations under the
system with regard to such member and any other persons with rights under the system,and
shall not be subject to review by anyone, but shall be final, binding and conclusive on all
persons.
Page-27-
Sec. 18-88. Claims procedures.
(1) The board may establish administrative claims procedures to be utilized in processing written
requests on matters which affect the substantial rights of any person, including members,
retirees, beneficiaries or any person affected by a decision of the board.
(2) The board shall have the power to subpoena and require the attendance of witnesses and the
production of documents for discovery prior to and at any proceedings provided for in the
board's claims procedures. A reasonable fee may be charged for the issuance of any
subpoenas,not to exceed the maximum fee provided by law.
Sec. 18-89. Reports to division of retirement.
Each year, on or before March 15, the board shall submit an annual report to the division of
retirement containing the documents and information required by §185.221, Florida Statutes.
Sec. 18-90. Roster of retirees.
The secretary of the board shall keep a record of all persons receiving pensions under the system in
which it shall be noted the time when the pension is allowed and when same shall cease to be paid.
Additionally,the secretary shall keep a record of all members in such a manner as to show the name,
address, date of employment and date of termination of employment.
Sec. 18-91. Maximum pension.
(1) Basic limitation. 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($90,000.00); 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 ofthis sub-section,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 Federal IRS Form W-2. For
purposes of applying the limitations set forth in this sub-section, 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 annuity. For purposes of this sub-section,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 application regulations thereunder,to be taken into
account for purposes of the income limitations of Section 415(b)(1)IRC.
For purposes of applying the above limitation, benefits payable in any form other than a
straight life annuity with no ancillary benefits shall be adjusted, as provided by treasury
regulations, so that such benefits are the actuarial equivalent of a straight life annuity. For
purposes of this section,the following benefits shall not be taken into account:
(a) Any ancillary benefit which is not directly related to retirement income benefits;
Page-28-
(b) Any other benefit not required under §415(b)(2) of the code and regulations
thereunder to betaken into account for purposes of the limitation of§415(o)(1)of the
code.
(2) Participation in other defined benefit plans. The limitation of this section with respect to
any member who at any time has been a member in any other defined benefit plan maintained
by the Village shall apply as if the total benefits payable under all defined benefit plans in
which the member has been a participant were payable from one plan.
(3) Adjustments in limitations:
(a) In the event the member's retirement benefits become payable before age sixty-two
(62), the ninety thousand dollar ($90,000.00) limitation prescribed by this section
shall be reduced in accordance with treasury regulations pursuant to the provisions
of§415(b)of the code,but not less than seventy-five thousand dollars($75,000.00),
if the benefit begins at or after age fifty-five (55). In the event the member's
retirement benefit becomes payable before age fifty-five (55), the seventy-five
thousand dollar($75,000.00) limitation shall be reduced from age fifty-five(55) in
accordance with treasury regulations pursuant to the provisions of§415(b) of the
code.
(b) In the event the member's benefit is based on at least fifteen (15)years of credited
service,the adjustments provided for in subsection(a) above shall not apply.
(c) The reductions provided for in(a)above shall not be applicable to disability benefits
or pre-retirement death benefits.
(d) In the event the 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 (1) herein, 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 treasury regulations.
(4) Less than ten years of service. The maximum retirement benefits payable under this section
to any member who has completed less than ten(10)years of credited service shall be the
amount determined under subsection (1) of this section multiplied by a fraction, the
numerator of which is the number of the member's years of credited service and the
denominator of which is ten(10). The reduction provided for in this subsection shall not be
applicable to disability benefits or pre-retirement death benefits.
(5) $10,000.00 limit. 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 the system and under all other qualified
defined benefit pension plans to which the Village contributes,do not exceed ten thousand
dollars($10,000.00)for the applicable plan year and for any prior plan year,and the Village
has not at any time maintained a qualified defined contribution plan in which the member
participated.
Page-29-
S
(6) Cost-of-living adjustments. The limitations as stated in subsections (1), (2) and (3)herein
shall be adjusted to the time payment of a benefit begins in accordance with any cost-of-
living adjustments in accordance with treasury regulations pursuant to §415(d)of the code.
(7) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary:
(a) The normal retirement benefit or pension payable to a retiree who becomes a member
of the system and who has not previously participated in such system, on or after
January 1, 1980, shall not exceed one hundred percent(100%) of his average final
compensation. However, nothing contained herein shall apply to supplement
retirement benefits or to pension increases attributable to cost-of-living increases or
adjustments.
(b) No member of the system shall be allowed to receive a retirement benefit or pension
which is in part or in whole based upon any service with respect to which the
member is already receiving, or will receive in the future, a retirement benefit or
pension from a different employer's retirement system or plan. This restriction does
not apply to Social Security benefits or federal benefits under chapter 67, title 10,
U.S. Code.
See. 18-92. Distribution of benefits.
Notwithstanding any other provision of the system to the contrary, a form of retirement income
payable from the system shall satisfy the following conditions:
(1) If the retirement income is payable before the member's death:
(a) It shall either be distributed to the member not later than April l of the calendar year
following the later of the calendar year in which the member attains age seventy and
one-half(70 %2) or the calendar year in which member retires, whichever is later;
(b) The distribution shall commence not later than as above,and a)shall be paid over the
life of the member or over the lifetimes of the member and his beneficiary,or b)shall
be paid over the period extending not beyond the life expectancy of the member and
his beneficiary.
Where a form of retirement income payment has commenced in accordance with the preceding and
the member dies before his entire interest in the system has been distributed,the remaining portion
of such interest in the system shall be distributed no less rapidly than under the form of distribution
in effect at the time of the member's death.
(2) If a member's death occurs before the distribution of his interest in the system has
commenced,such member's entire interest in the system shall be distributed within five(5)
years of his death,unless it is to be distributed in accordance with the following rules:
(a) The member's remaining interest in the system is payable to his spouse, issue or
dependent;
Page-30-
r
(6) Cost-of-living adjustments. The limitations as stated in subsections (1), (2) and (3)herein
shall be adjusted to the time payment of a benefit begins in accordance with any cost-of-
living adjustments in accordance with treasury regulations pursuant to §415(d)of the code.
(7) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary:
(a) The normal retirement benefit or pension payable to a retiree who becomes a member
of the system and who has not previously participated in such system, on or after
January 1, 1980, shall not exceed one hundred percent(100%) of his average final
compensation. However, nothing contained herein shall apply to supplement
retirement benefits or to pension increases attributable to cost-of-living increases or
adjustments.
(b) No member of the system shall be allowed to receive a retirement benefit or pension
which is in part or in whole based upon any service with respect to which the
member is already receiving, or will receive in the future, a retirement benefit or
pension from a different employer's retirement system or plan. This restriction does
not apply to Social Security benefits or federal benefits under chapter 67, title 10,
U.S. Code.
Sec. 18-92. Distribution of benefits.
Notwithstanding any other provision of the system to the contrary, a form of retirement income
payable from the system shall satisfy the following conditions:
(1) If the retirement income is payable before the member's death:
(a) It shall either be distributed to the member not later than April l of the calendar year
following the later of the calendar year in which the member attains age seventy and
one-half(701/2) or the calendar year in which member retires, whichever is later;
(b) The distribution shall commence not later than as above,and a)shall be paid over the
life of the member or over the lifetimes of the member and his beneficiary,or b)shall
be paid over the period extending not beyond the life expectancy of the member and
his beneficiary.
Where a form of retirement income payment has commenced in accordance with the preceding and
the member dies before his entire interest in the system has been distributed,the remaining portion
of such interest in the system shall be distributed no less rapidly than under the form of distribution
in effect at the time of the member's death.
(2) If a member's death occurs before the distribution of his interest in the system has
commenced,such member's entire interest in the system shall be distributed within five(5)
years of his death,unless it is to be distributed in accordance with the following rules:
(a) The member's remaining interest in the system is payable to his spouse, issue or
dependent;
Page-30-
(b) The remaining interest is to be distributed over the life of the spouse, issue or
dependent or over a period not extending beyond the life expectancy of the spouse,
issue or dependent; and
(c) Such distribution begins within one year of the member's death unless the member's
spouse shall receive the remaining interest, in which case the distribution need not
begin before the date on which the member would have attained age seventy and one-
half(70 '/2), and if the spouse dies before distribution to the spouse begins, this
provision shall be applied as if the spouse were the member.
Sec. 18-93. Miscellaneous provisions.
(1) Interest of members in system. At no time prior to the satisfaction of all liabilities under the
system with respect to retirees and members and their spouses or beneficiaries shall any part
of the corpus or income of the fund be used for or diverted to any purpose other than for their
exclusive benefit.
(2) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the
Village that shall have the effect of reducing the then-vested accrued benefits of any member
or any member's beneficiaries.
(3) Qualification ofsystem. It is intended that the system will constitute a qualified pension plan
under the applicable provisions of the code, as now in effect or hereafter amended. Any
modification or amendment of the system 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 code as now in effect or hereafter amended, or any other
applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or
adopted and the regulations issued thereunder. Subject to the foregoing, the system is
declared to be an irrevocable plan and trust, subject to the Village's right to terminate in
accordance with law.
(4) Use offorfeitures. Forfeitures arising from terminations of service of members shall serve
only to reduce current or future contributions to the fund.
(5) Correction of records. Should any change or error in records result in any member or
beneficiary receiving from the system more or less than he would have been entitled to
receive had the records been correct, then on discovery of any such error the board shall
cause the same to be corrected and as far as practicable shall direct that the payments be
adjusted in such manner that the actuarial equivalent of the benefit to which the member or
beneficiary was correctly entitled shall be paid.
Sec. 18-94. Repeal or termination of system.
(1) The ordinance establishing the system and fund,and subsequent ordinances pertaining to said
system and fund, may be modified, terminated or amended, in whole or in part; provided,
that if this or any subsequent ordinance shall be amended or repealed in its application to any
person benefitting hereunder,the amount of benefits which at the time of any such alteration,
amendment or repeal shall have accrued to the member or beneficiary shall not be affected
thereby,except to the extent that the assets of the fund may be determined to be inadequate.
Page-31-
(2) If this ordinance shall be repealed, or if contributions to the system are discontinued or if
there is a transfer, merger or consolidation of government units, services or functions as
provided in chapter 121,Florida Statutes,the board shall continue to administer the system
in accordance with the provisions of this ordinance for the sole benefit of the then members,
any beneficiaries then receiving retirement allowances and any future persons entitled to
receive benefits under one of the options provided for in this ordinance who are designated
by any of said members. In the event of repeal,discontinuance of contributions or transfer,
merger or consolidation of government units,services or functions,there shall be full vesting
(100%) of benefits accrued to date of repeal and the assets of the system shall be allocated
in an equitable manner to provide benefits on a proportionate basis to the persons so entitled
in accordance with the provisions thereof.
(3) The following shall be the order of priority for purposes of allocating the assets of the system
as of the date of repeal of this ordinance,or if contributions to the system are discontinued,
with the date of such discontinuation being determined by the board:
(a) Apportionment shall first be made in respect of each retiree receiving a retirement or
disability benefit hereunder on such date, each person receiving a benefit on such
date on account of a retired or disabled (but since deceased) member and each
member who has,by such date,become eligible for normal retirement but has not yet
retired, in an amount that is the actuarial equivalent of such benefit; provided that,
if such asset value be less than the aggregate of such amounts,such amounts shall be
proportionately reduced so that the aggregate of such reduced amounts will be equal
to such asset value.
(b) If there be any asset value remaining after the apportionment under (a),
apportionment shall next be made in respect of each member in the service of the
Village on such date who has service and who is not entitled to an apportionment
under (a) in an amount required to provide the actuarial equivalent of the accrued
normal retirement benefit (but not less than accumulated contributions), based on
credited service and average final compensation as of such date, and each vested
former member then entitled to a deferred benefit who has not,by such date,begun
receiving benefit payments, in an amount required to provide said actuarial
equivalent of the vested portion of the accrued normal retirement benefit(but not less
than accumulated contributions);provided that,if such remaining asset value be less
than the aggregate of the amounts apportioned hereunder, such latter amounts shall
be proportionately reduced so that the aggregate of such reduced amounts will be
equal to such remaining asset value.
(c) If there be any asset value after the apportionments under(a)and(b),apportionment
shall be made in respect of each member in service of the Village on such date who
is not entitled to an apportionment under(a)and(b)in the amount equal to member's
accumulated contributions;provided,that if such remaining asset value be less than
the aggregate of the amounts apportioned hereunder, such latter amount shall be
proportionately reduced so that the aggregate of such reduced amounts will be equal
to such remaining asset value.
(d) If there be any asset value remaining after the apportionments under(a),(b)and(c),
apportionment shall lastly be made in respect of each member included in(c)above
Page-32-
to the extent of the actuarial equivalent of the non-vested accrued normal retirement
benefit, less the amount apportioned in (c), based on credited service and average
final compensation as of such date; provided,that if such remaining asset value be
less than the aggregate of the amounts apportioned hereunder,such amounts shall be
reduced so that the aggregate of such reduced amounts will be equal to such
remaining asset value.
(e) In the event that there be asset value remaining after the full apportionment specified
in(a), (b), (c)and(d),such excess shall be returned to the Village,less return of the
state's contributions to the state; provided, that if the excess is less than the total
contributions made by the Village and the state to the date of termination, such
excess shall be divided proportionately to the total Village and State contributions.
The allocation of the fund provided for in this subsection may, as decided by the board,be
carried out through the purchase of insurance company contracts to provide the benefits
determined in accordance with this subsection. The fund may be distributed in one sum to
the persons entitled to said benefits or the distribution may be carried out in such other
equitable manner as the board may direct. The fund may be continued in existence for
purposes of subsequent distributions.
If, at any time during the first ten (10) years after the effective date of the ordinance
originally establishing this system,the system shall be terminated or the full current costs of
the system shall not have been met,anything in the system to the contrary notwithstanding,
Village contributions which may be used for the benefit of any one of the twenty-five (25)
highest paid members on the effective date whose anticipated annual retirement allowance
provided by the Village's contributions at member's normal retirement date would exceed one
thousand five hundred dollars ($1,500.00), shall not exceed the greater of either a) twenty
thousand dollars($20,000.00) or b) an amount computed by multiplying the smaller of ten
thousand dollars ($10,000.00) or twenty percent (20%) of such member's average annual
earnings during his last five(5)years of service by the number of years of service since the
effective date. In the event that it shall hereafter be determined by statute, court decision,
ruling by the Commissioner of Internal Revenue or otherwise that the provisions of this
paragraph are not then necessary to qualify the system under the code,this paragraph shall
be ineffective without the necessity of further amendment of this ordinance.
(4) After all the vested and accrued benefits provided hereunder have been paid and after all
other liabilities have been satisfied,then and only then may any remaining funds revert to the
general fund of the Village.
Sec. 18-95. Exemption from execution,non-assignability.
Except as otherwise provided by law, the pensions, annuities or any other benefits accrued or
accruing to any person under the provisions of the system and the accumulated contributions and the
cash securities in the fund are hereby exempted from any state,county or municipal tax and shall not
be subject to execution, attachment, garnishment or any legal process whatsoever, and shall be
unassignable.
Page-33-
0
Sec. 18-96. Direct transfers of eligible rollover distributions.
(1) This section applies to distributions made on or after January 1, 1993. Notwithstanding any
provision of the system to the contrary that would otherwise limit a distributee's election
under this section, a distributee 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.
(2) Definitions:
(a) Eligible rollover distribution. An eligible rollover distribution is 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 any 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 life expectancies) of
the distributee and the distributee's designated beneficiary, or for a specified period
of ten(10)years or more; any distribution to the extent such distribution is required
under section 401(a)(9) of the code; and the portion of any distribution that is
excluded from gross income.
(b) Eligible retirement plan. An eligible retirement plan is an individual retirement
account described in section 408(a) of the code, an individual retirement annuity
described in section 408(b)of the code, an annuity plan described in section 403(a)
of the code, or a qualified trust described in section 401(a) of the code that accepts
the distributee's eligible rollover distribution. However, in the case of an eligible
rollover distribution to the surviving spouse, an eligible retirement plan is an
individual retirement account or individual retirement annuity.
(c) Distributee. A distributee includes an employee or former employee. In addition,
the employee's or former employee's surviving spouse is a distributee with regard to
the interest of the spouse.
(d) Direct rollover. A direct rollover is a payment by the plan to the eligible retirement
plan specified by the distributee.
Sec. 18-97. Indemnification and defense of claims.
(1) To the extent not covered by insurance contracts in force from time to time,the Village shall
indemnify and hold harmless members of the board from all personal liability for damages
and costs, including court costs and attorneys'fees,arising out of claims, suits,litigation or
threat of same, herein referred to as "claims," against such individuals because of acts or
circumstances connected with or arising out of their official duties as members of the board.
The Village reserves the right, in its sole discretion, to settle or not settle the claim at any
time and to appeal or to not appeal from any adverse judgment or ruling,and in either event
will indemnify and hold harmless any members of the board from the judgment, execution
or levy thereon.
(2) This section shall not be construed so as to relieve any insurance company or other entity
liable to defend the claim or liable for payment of the judgment or claim from any liability,
nor does this section waive any provision of law affording the Village, the board or the
trustees immunity from any suit in whole or part, or waive any other substantive or
procedural rights they may have.
Page-34-
(3) This section shall not apply to claims arising out of acts or omissions of members of the
board that constitute felonies or gross malfeasance or gross misfeasance in office.
Sec. 18-98. Deferred retirement option plan (DROP) for sworn police personnel.
(a) As used in this section, "employee" means sworn police officer.
(b) Effective May 5, 1998,subsequent to the approval from the State of Florida,Division
of Retirement, current employees with at least twenty-five (25) but not more than
thirty (30) years of continuous service as a member of the plan may elect to
participate in the Deferred Retirement Option Plan (DROP) for sworn police
personnel in accordance with this section.
(c) An employee's election to participate in the deferred retirement option plan for sworn
police personnel must be made in writing and shall become effective thirty(3 0)days
following the date on which the election is received by the Board or on a later date
as specified by the employee.
(d) An employee electing to participate in the deferred retirement option plan for sworn
police personnel may participate in such plan for a maximum of sixty (60) months
before the employee attains thirty (30)years of continuous service.
(e) An employee's continuous service and accrued benefit under the plan shall be
determined and frozen on the effective date of the employee's election to participate
in the deferred retirement option plan for sworn police personnel. An employee who
elects to participate in the deferred retirement option plan for sworn police personnel
shall not accrue any additional continuous service or benefits under the plan, except
for any cost-of-living adjustments provided to retirees under the plan. No amounts
shall be paid directly to an employee from the pension plan while the employee is a
participant in the deferred retirement option plan for sworn police personnel.
(f) A deferred retirement option plan for sworn police personnel account shall be
established for each employee who elects to participate in the deferred retirement
option plan for sworn police personnel in accordance with the terms and conditions
elaborated in the provisions of this section. During the period of the employee's
participation in the deferred retirement option plan for sworn police personnel,the
employee's normal retirement benefit,calculated in accordance with the plan using
the average monthly earnings and continuous service as of the effective date of the
employee's election to participate in the deferred retirement option plan for sworn
police personnel,shall be credited to the employee's deferred retirement option plan
for sworn police personnel account. No further contributions to the Police Officers'
Retirement System will be required by the Village nor the employee on behalf of any
employee who has elected participation in the deferred retirement option plan for
sworn police personnel. The employee's deferred retirement option plan for sworn
police personnel account shall be invested as part of the corpus of the system by the
Board and shall be credited with interest equal to the overall net rate of return on the
fund assets during the reporting period during which the employee participates in the
deferred retirement option plan for sworn police personnel.
Page-35-
r
1
(g) At the conclusion of the employee's participation in the deferred retirement option
plan for sworn police personnel,and as a condition of participating in such plan,the
employee will retire separating from Village employment. The employee will
thereafter receive a normal retirement benefit calculated in accordance with the Plan
using an average monthly earnings and continuous service as of the effective date of
the employee's election to participate in the deferred retirement option plan for sworn
police personnel. The employee's deferred retirement option plan for sworn police
personnel account will thereafter be distributed to the employee in a cash lump sum,
unless the employee alternatively elects to receive payments in approximately equal
quarterly or annual installments over a period so designated by the employees but,
not to exceed the life expectancy of the employee or the joint life expectancy of the
employee and the employee's designated beneficiary.
(h) Notwithstanding the provisions of the foregoing paragraph(9), if an employee dies
before distribution ofthe employee's deferred retirement option plan for sworn police
personnel account commences,the account balance shall be paid to the employee's
beneficiary in an immediate cash lump sum.
(i) Except as otherwise provided in this section, distribution of an employee's deferred
retirement option plan for sworn police personnel account shall begin as soon as
administratively practicable, following the employee's termination of employment.
An employee may,in accordance with such procedures as the Board may prescribe,
elect to defer distribution of the deferred retirement option plan for sworn police
personnel account until the first day of any month coincident with or following the
employee's separation of Village services provided,however,that distribution shall
be made before the date elected by the employee to the extent necessary to comply
with the Internal Revenue Code and regulations thereunder. Any amount in an
employee's deferred retirement option plan for sworn police personnel account shall
continue to be invested by the Board and shall be credited with the next investment
return on the pension fund until the balance of the deferred retirement option plan for
sworn police personnel account is fully distributed to the employee or the employee's
beneficiary.
(j) In no event shall the provisions of this section operate so as to allow the distribution
of an employee's deferred retirement option plan for sworn police personnel account
to begin later than April 1 st following the later of the calendar year in which the
employee separates from service with the Village or attains age seventy and one-half
(70-1/2)years.
(k) Notwithstanding any other provisions ofthis section,all distributions from employee
deferred retirement option plans for sworn police personnel accounts shall conform
to applicable provisions of the Internal Revenue Code and regulations issued
thereunder.
(1) The Board is authorized to adopt such rules and regulations as are necessary to
interpret, implement and administer the deferred retirement option plan for sworn
police personnel.
Page-36-
SECTION 5. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith are hereby repealed,but only insofar as such ordinances may be inconsistent or in
conflict with this ordinance.
SECTION 6. The provisions of this ordinances being inseparable, in the event any part
of this ordinance is found to be invalid,then all of the provisions of this ordinance shall be
deemed invalid.
SECTION 7. This ordinance shall become effective immediately upon its passage and
adoption. However,the amendments specified herein shall be deemed effective December 31,
1999.
PASSED ON FIRST READING,this 6th day of June , 2000.
PASSED AND ADOPTED ON SECOND READING,this 20th day of
June 2000.
Mark S. Ulmer,Mayor
ATTEST:
' """' C(r)C
Barbara A. Fugazzi, C
Village Clerk
APPROVED AS TO FORM:
L� 5�tn
Richard Sarafan
Village Attorney
PensionOrdinance