O-655-06 ORDINANCE NO. 655-06
AN ORDINANCE OF MIAMI SHORES, FLORIDA, AMENDING
THE POLICE OFFICERS' RETIREMENT SYSTEM TO
IMPLEMENT CHANGES PURSUANT TO THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILAGE AND
THE POLICE BENEVOLENT ASSOCIATION, BY AMENDING
SECTION 18-79 "SERVICE RETIREMENT ALLOWANCE" OF
THE VILLAGE CODE TO INCREASE THE SERVICE
RETIREMENT ALLOWANCE FOR POLICE OFFICERS; BY
AMENDING SECTION 18-83 "CONTRIBUTIONS" OF THE
VILLAGE CODE TO INCREASE THE MEMBER
CONTRIBUTION TO 9% OF COMPENSATION; BY RE-
TITLING AND AMENDING SECTION 18-90 "ROSTER OF
RETIREES" OF THE VILLAGE CODE TO IMPLEMENT AN
ANNUAL COST OF LIVING INCREASE FOR RETIRED
MEMBERS; BY AMENDING SECTION 18-98 "DEFERRED
RETIREMENT OPTION PLAN (DROP) FOR SWORN POLICE
PERSONNEL" OF THE VILLAGE CODE TO PROVIDE FOR
PAYOUT OF AN EMPLOYEE'S SICK AND ANNUAL LEAVE
UPON ENTRY INTO THE DROP; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami Shores Village ("Village") and the Police Benevolent
Association engaged in collective bargaining and subsequently reached an agreement
increasing the retirement benefits for members of the Village's Police Officers'
Retirement System ("Retirement System"); and
WHEREAS, the Ordinance implements the changes to the Retirement System;
and
WHEREAS, the Village Councils finds that this Ordinance is in the best interest
of the Village, its employees, and its residents.
BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE,
FLORIDA:
Section 1. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
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Section 2. Village Code Amended. Section 18-79 "Service Retirement
Allowance" of the Code of Ordinances of Miami Shores Village is hereby amended as
follows:
See. 18-79. Service retirement allowance.
(c)
(6) The amount of monthly retirement annuity to which a police
officer who retires or terminates employment on or after October 1, 1995
and prior to October 1, 1996 shall be an amount that will be equal to two
and four-tenths percent of the monthly average final compensation
multiplied by the number of years of creditable service up to five years;
plus two and three-quarter percent of the monthly average final
compensation multiplied by the number of years of creditable service
beginning at six years and up to 25 years; plus two and three-tenths
percent of the monthly average final compensation multiplied by the
number of years of creditable service over 25 years, but not to exceed a
total of 30 years of creditable service. Under no circumstances shall an
employee receive an amount of monthly retirement annuity less than two
percent times the total number of years of service. The employee's
contribution shall not exceed nine percent of the employee's contribution.
(7) The amount of monthly retirement annuity to which a police
officer who retires or terminates employment on or after October 1, 1996
and prior to October 1, 1997 shall be an amount that will be equal to two
and four-tenths percent of the monthly average final compensation
multiplied by the number of years of creditable service up to five years;
plus two and eight-tenths percent of the monthly average final
compensation multiplied by the number of years of creditable service
beginning at six years and up to 25 years; plus two and one-tenth percent
of the monthly average final compensation multiplied by the number of
years of creditable service over 25 years, but not to exceed a total of 30
years of creditable service. Under no circumstances shall an employee
receive an amount of monthly retirement annuity less than two percent
times the total number of years of service.
(8) The amount of monthly retirement annuity to which a police
officer who retires or terminates employment on or after October 1, 1997
and prior to October 1, 2001 shall be an amount that will be equal to two
and four-tenths percent of the monthly average final compensation
multiplied by the number of years of creditable service up to five years;
plus two and eighty-five hundredths percent of the monthly average final
compensation multiplied by the number of years of creditable service
beginning at six years and up to 25 years; plus one and nine-tenths percent
of the monthly average final compensation multiplied by the number of
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years of creditable service over 25 years, but not to exceed a total of 30
years of creditable service. Under no circumstances shall an employee
receive an amount of monthly retirement annuity less than two percent
times the total number of years of service.
(9) The amount of monthly retirement annuity to which a police
officer who retires or terminates employment on or after October 1, 2001
and prior to October 1, 2003 shall be an amount that will be equal to two
and eight-tenths percent(2.8%) of the monthly average final compensation
multiplied by the number of years of creditable service up to a maximum
of twenty-five years. Notwithstanding the foregoing, under no
circumstances shall an employee receive an amount of monthly retirement
annuity less than two percent times the total number of years of service.
(10) The amount of monthly retirement annuity to which a
police officer who retires or terminates employment on or after October 1,
2003 and prior to October 1, 2004 shall be an amount that will be equal to
two and eighty-five hundredths percent (2.85%) of the monthly average
final compensation multiplied by the number of years of creditable service
up to a maximum of twenty-five years. Notwithstanding the foregoing,
under no circumstances shall an employee receive an amount of monthly
retirement annuity less than two percent times the total number of years of
service.
(11) The amount of monthly retirement annuity to which a
police officer who retires or terminates employment on or after October 1,
2004 shall be an amount that will be equal to two and ninety-one
hundredth percent (2.91%) of the monthly average final compensation
multiplied by the number of years of creditable service up to a maximum
of twenty-five years. Notwithstanding the foregoing, under no
circumstances shall an employee receive an amount of monthly retirement
annuity less than two percent times the total number of years of service.
Section 3. Village Code Amended. Section 18-83 "Contributions" of the
Code of Ordinances of Miami Shores Village is hereby amended as follows:
See. 18-83. Contributions.
(a) Member contributions.
(1) Amount. Members shall contribute nine percent (9%) of
eamable compensation. Such contribution shall continue for police
officers until their individual retirement date.
a. 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 the cost of the benefit increase provided for and
defined in section 18-79(c), provided that such contribution
increase shall not exceed four percent of earnable
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compensation in addition to the nine 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.
Section 4. Village Code Amended. Section 18-90 "Roster of Retirees" of
the Code of Ordinances of Miami Shores Village is hereby re-titled and amended as
follows:
See. 18-90. Retirees/Cost-of-Living Adjustment
(a) 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.
(b) Commencing October 1, 2004, all retired police officer members
shall receive an annual Cost-of-Living-Adjustment(COLA) equal to
1.5% of the retiree's retirement annuity.
Section 5. Village Code Amended. Section 18-98 "Deferred Retirement
Option Plan (DROP) for Sworn Police Personnel" of the Code of Ordinances of Miami
Shores Village is hereby amended as follows:
Sec. 18-98. Deferred retirement option plan (DROP) for sworn police
personnel.
(a) As used in this section, "employee"means sworn police officer.
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(b) Effective May 5, 1998, subsequent to the approval from the State of Florida,
Division of Retirement, current employees with at least 25 but not more than 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 30
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 60
months before the employee attains 30 years of continuous service.
(e) An employee's continuous service,,accrued benefit and monthly annuity rate
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. On the effective date
of the employee's election to participate in the DROP, the employee shall be paid
an amount equal to one hundred percent (100%) of the employee's accrued
unused vacation leave calculated on the basis of the employee's pay rate in effect
on the effective date of the employee's entry into the DROP. On the effective date
of the employee's election to participate in the DROP, the employee shall receive
payment for up to a maximum of 720 hours of the employee's accrued unused
sick leave calculated on the basis of the employee's pay rate in effect on the
effective date of the employee's entry into the DROP.
Section 6. Conflict. 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 7. Severability. If any section, sentence, cause or phrase of this
Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,
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then said holding shall in no way effect the validity of the remaining portions of this
Ordinance,which shall be deemed to be severable therefrom.
Section 8. Effective Date. This Ordinance shall become effective
immediately upon adoption on second reading.
APPROVED on the first reading hereof this 7th day of February, 2006.
PASSED AND APPROVED on second readin s 7th day of March, 2006.
i
AL DAVIS,MAYOR
ATTEST:
By:
Adaw '&"N&W of
Barbara Estep, Villale Clerk
APPROVED AS TO FORM:
B C ,u
Y•
Richard Sarafan,Village Attorn y
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