O-657-06 ORDINANCE NO. 657-06
AN ORDINANCE OF THE MIAMI SHORES VILLAGE
COUNCIL AMENDING CHAPTER 18 "PERSONNEL" OF THE
VILLAGE CODE BY REPEALING ARTICLE III, "PENSION
PLAN" IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE
III, TITLED "GENERAL EMPLOYEES PENSION PLAN"
WHICH PROVIDES RETIREMENT BENEFITS FOR THE
GENERAL EMPLOYEES OF THE VILLAGE; PROVIDING FOR
A BOARD OF TRUSTEES; PROVIDING FOR EMPLOYEE
CONTRIBUTIONS; PROVIDING NORMAL AND EARLY
RETIREMENT BENEFITS; PROVIDING FOR A
REVERSIONARY ANNUITY AND OPTIONAL FORMS OF
RETIREMENT ANNUITY; PROVIDING FOR DEATH
BENEFITS; PROVIDING FOR DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR
COMPLIANCE WITH THE INTERNAL REVENUE CODE;
ESTABLISHING A DEFERRED RETIREMENT OPTION PLAN;
PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 18, Article III of the Miami Shores Village Code (the
"Code")provides a pension plan for the general employees of the Village; and
WHEREAS, the Village Council finds that it is in the best interest of the Village
and its employees to repeal the current plan attached as Exhibit"A"to this Ordinance and
replace it with the new pension plan attached as Exhibit`B"to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF MIAMI SHORES VILLAGE,FLORIDA, THAT:
Section 1. Recitals. The recitals and findings contained in the Preamble to
this Ordinance are hereby adopted and incorporated herein by reference.
Section 2. Repeal. Article III "Pension Plan" of Chapter 18, "Personnel" of
the Village Code, attached as Exhibit "A" to .this Ordinance is hereby repealed in its
entirety.
Section 3. Adoption of New Article III. Chapter 18, "Personnel" of the
Village Code is hereby amended by adopting a new Article III, titled "General
Employees Pension Plan,"as set forth in and attached as Exhibit`B"to this Ordinance.
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Section 4. It is the intention of the Village Council of Miami Shores Village
that the provisions of this Ordinance shall be made a part of the Village's Code of
Ordinances and the sections may be renumbered to accomplish such intention.
Section 5. If any portion, clause, phrase, sentence or classification of this
ordinance is held or declared to be either unconstitutional, invalid, inapplicable,
inoperative, or void, then such declaration shall not be construed to affect other portions
of the ordinance; it is hereby declared to be the express opinion of the Village Council of
Miami Shores Village that any such unconstitutional, invalid, inapplicable, inoperative or
void portion or portions of this ordinance did not induce its passage, and that without the
inclusion of any such portion or portions of this ordinance, the Village Council would
have enacted the valid constitutional portions thereof.
Section 6. This Ordinance shall take effect immediately upon approval and
adoption on second reading.
APPROVED on the first reading hereof this 7th day of November, 2006.
PASSED AND APPROVED on second re this 5th day of
December ,2006.
DAVIS,MAYOR
ATTEST:
®.4
Barbara Estep,MMC,
Village Clerk
PROVED AS TO FORM:
Richard Sarafan,
Village Attorney
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ARTICLE III.
GENERAL EMPLOYEES PENSION PLAN
See. 18-36.Name; date of establishment.
A pension plan is established and placed under the management of a pension board for the purpose of
providing retirement annuities for employees of the village. The plan shall be known as the "Miami Shores
General Employees Pension Plan." By such name all of its business shall be transacted, all of its funds shall be
invested and all of its cash and securities and other property shall be held in trust for the purposes set forth in
this plan.
Sec. 18-37. Purpose.
The purpose of this plan is to provide retirement benefits to eligible village employees.
Sec. 18-38. Definitions.
The following words and phrases as used in this article and the plan, unless a different meaning is
plainly required by the context,have the following meanings:
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 1St in the amount of three percent per annum, compounded annually each October 1St
Actuarial equivalence or equivalent means a benefit (or amount of equal value), based upon the 1983
Group Annuity Mortality Table with a blending of 75 percent male rates and 25 percent female rates or such
other actuarial table as may be adopted by the board and an interest rate of seven percent per year or such other
rate as may be adopted by the board. In the case of disability retirement, the foregoing mortality rates, set ahead
five years, shall be used.
Actuarial table means the mortality table adopted by the board from time to time in accordance with
recommendations of the actuary.
Annuity or pension means annual payments for life as provided in the plan. All annuities shall be paid in
12 equal monthly installments.
Average final compensation means the average highest annual compensation of a member for the last
three years worked.
Beneficiary means any person or persons entitled to receive benefits upon the death of a member who
has or have been designated in writing by the member and filed with the board. If no such designation is in
effect, or if no person so designated is living, at the time of death of the member, the beneficiary shall be the
estate of the member.
Code means the Internal Revenue Code of 1986, as amended from time to time.
Compensation means regular salary or wages paid by the village on a regular payroll to any member,
holiday pay and vacation pay. Compensation shall not include lump sum cash payments for accumulated leave
that is payable upon separation from employment. Compensation in excess of limitations set forth in Section
401(a)(17) of the Code of 1986 shall be disregarded. In the case of an individual who was a member before the
first plan year beginning after December 31, 1995, the limitation on compensation shall not be less than the
amount,which was allowed to be taken into account hereunder as in effect on July 1, 1993.
Creditable service means membership service plus military service for which credit is allowed.
Employee means any regular officer or employee of the village, excluding police officers, who is
actively employed by the village on a permanent basis. Employees serving on a part-time basis and persons
employed under contract with the village for a definite period or for the performance of a particular special
service shall not be eligible for participation in the plan.
Fiscal year means each 12-month period beginning October first and ending September thirtieth of the
following year.
Fund means the trust fund established as part of the plan.
Member means an active employee included in the membership of the plan, or any former employee
who shall have made contributions to the plan and shall not have received a refund, except that no employee
shall be included as a member unless the employee has completed at least one year of continuous service.
Membership service means service rendered for which credit is allowed under the plan.
Military service means service in the United States Armed Services, the United States Merchant Marine
or the United States Coast Guard.
Pension board or board means the board provided for under the plan to administer the plan.
Plan means the Miami Shores General Employees Pension Plan.
Regular interest means the actuarial valuation rate of interest adopted by the board from time to time in
accordance with recommendations of the actuary.
Retiree means a member who has entered retirement status.
Retirement means a member's separation for village employment with eligibility for immediate receipt
of benefits under the plan.
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Service means employment as an employee of the village for which compensation is paid by the village.
Separation from service means complete severance of village employment by any member by
retirement,resignation, discharge, dismissal or other means of severance.
Village shall mean Miami Shores Village, Florida.
Sec. 18-39. Pension board—Function; membership; organization; meetings.
(a) 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. The pension 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. The pension board shall be composed of seven members: the
village manager ex-officio; three citizens of the village who hold no office in and are not employed by the
village; one council member ex officio, other than the council member serving on the police officers' pension
board; and two active employees appointed by the council. With the exception of the council member and the
village manager,the board members shall each serve for a period of two years, or until a successor is appointed.
Each board member may succeed himself in office.
(b) Chairman;secretary. The board shall elect a chairman and a secretary from among its members.
The secretary shall keep all records of its meetings and actions and, with the chairman, shall execute on behalf
of the board any paper or instrument when so required by the board.
(c) Compensation. The board members shall serve without compensation.
(d) Reimbursement. The board members shall be entitled to reimbursement for all reasonable and
necessary disbursements made or expenses incurred by them in the performance of their duties as may be
provided by law.
(e) Personal liability. No member shall be personally liable by virtue of any contract, agreement,
bond or other instrument or undertaking made or executed by him as a member of the board, nor for honest
mistakes of judgment, nor for any loss unless resulting from his own willful misconduct; and no member shall
be liable for the act of neglect, omission or wrongdoing of any other member or for those of agents or counsel
of the board.
(f) 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, including the
cost of litigation and counsel fees except for such act, omission or conduct for which such member is liable
under subsection(e)of this section.
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(g) Meetings; quorum. Meetings of the board shall be held at such times and places as a majority of
the members shall from time to time determine. A majority of the membership shall constitute a quorum, and all
decisions, acts and resolutions of the board shall be by affirmative vote of at least four members. Each pension
board member shall be entitled to one (1) vote. A board member shall abstain from voting as a result of a
conflict of interest and shall comply with the provisions of law governing ethics and conflicts of interest.
(h) Vacancies. Any member may resign at any time by delivering his resignation to the village clerk
and such resignation shall thereafter take effect as therein specified. An appointed board member may be
removed at any time by the village council. A board member who resigns or is removed shall be replaced in the
same manner as that pension board member was selected, and the new member shall serve out the remainder of
that pension board member's term. During the time a vacancy exists, the remaining pension board members,
provided that they are not less than four, shall perform all functions of the board.
Sec. 1840. Same--Powers and duties.
The pension board shall have the duties expressly provided or implied under the provisions of the plan,
and in addition thereto, shall:
(1) Hold meetings upon proper notice;
(2) Appoint a corporate trustee or trustees for the management, investment and safekeeping of the
fund herein created;
(3) Maintain appropriate age, service and salary records on all employees participating under the
plan and any other data that may be necessary for plan administration;
(4) Pass upon all applications for annuities and benefits and verify the qualifications of the benefit
applicants;
(5) Keep a detailed record of all annuity and benefit payments and other expenditures;
(6) Make and enforce uniform nondiscriminatory rules and regulations for the efficient
administration of the plan and resolve any questions or interpretations that may arise in
connection with the plan;
(7) Employ actuarial, accounting or other technical assistance as necessary or required to determine
the costs and liabilities of the plan;
(8) Authorize the preparation of actuarial studies and valuations, at least as often as required by law;
(9) Transmit annually, or as requested,to the village council a report showing the financial condition
of the plan;
(10) Invest and reinvest the assets of the fund according to a written investment policy statement
setting forth the goals and objectives of investments and establishing quality and quantity
limitations on investments. The investment policy statement shall be reviewed by the pension
board periodically.
(11) Perform such other duties as are required to prudently administer the plan.
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See. 18-41. Same--Legal advisor.
The village attorney shall be the legal advisor to the pension board, but the pension board may, at its
discretion, elect to employ other legal counsel.
Sec. 1842. Trust indenture; Fund.
(a) The plan shall operate as a trust under a trust indenture. The provisions of such trust indenture
shall be construed in conjunction with the plan and shall constitute a part hereof.
(b) A fund is established into which shall be paid all contributions under the terms of this plan.
(c) The actual custody and supervision of the fund shall be vested with the pension board. Payment
of benefits and disbursements from the fund shall be made by the disbursing agent but only upon written
authorization from the pension board.
(d) At no time prior to the satisfaction of all liabilities under the plan with respect to members or
beneficiaries shall any part of the corpus or income of the fund be used for, or diverted to, any purpose other
than for the exclusive benefit of the members. No person shall have a financial interest in, or right to, the fund
or part thereof, except as expressly provided for by the plan. Each member or other person who shall claim the
right to any payment under the plan shall be entitled to look only to the fund for such payment. No liability for
the payment of any annuity or benefits under the plan shall be imposed upon the village, the village council or
the pension board.
(e) The pension board shall deposit the funds in a qualified public depository as defined in Chapter
280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein,the pension board may
retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of
1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for
the purposes of investment decisions and management.
(f) An audit shall be performed annually by a certified public accountant for the most recent fiscal
year of the plan 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.
(g) All funds and securities of the plan 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:
1. current amounts of accumulated contributions of members on both an individual and
aggregate account basis;
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2. receipts and disbursements;
3. benefit payments;
4. current amounts clearly reflecting all monies, funds and assets whatsoever attributable to
contributions and deposits from the village;
5. all interest, dividends and gains(or losses)whatsoever; and
6. such other entries as may be properly required so as to reflect a clear and complete
financial report of the fund.
Sec. 1843. Membership.
(a) Eligibility.
1. All employees in service on the effective date of the plan that have one year of service
are deemed to be members as of that date.
2. Any person who becomes an employee after June 21, 1988, shall, upon completion of
one year of continuous service, become a member of the plan as a condition of employment.
Contributions shall begin with the first payroll period after the service requirement has been
fulfilled, and creditable service shall then begin to accrue.
3. 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 plan by filing with the pension board a written request for exclusion prior to
completion of one year of service from the employee's initial appointment.
(b) Designation of Beneficiary. Each member shall complete a form prescribed by the pension board
designating a beneficiary or beneficiaries.
Sec. 1845. Creditable service.
(a) All service of a member, shall count as membership service, except that if any employee remains
in the service of the village for ten years or more, his creditable service shall be computed from
his date of employment.
(b) Military Service. The years or fractional parts of a year that a member serves in the military
service of the Armed Forces of the United States, the United States Merchant Marine or the
United States Coast Guard, voluntarily or involuntarily, after separation from employment as an
employee with the village to perform training or service, and reemployment on or after
December 12, 1994, shall be added to his years of creditable service for all purposes, including
vesting,provided that:
1. The member must return to his employment as an employee within one (1) year from the
earlier of the date of his military discharge or his release from service.
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2. The member deposits into the Fund the same sum that the member would have
contributed if he had remained an employee during his absence. The member must
deposit all missed contributions within a period equal to three (3) times the period of
military service, but not more than five (5) years from the date of reemployment or he
will forfeit the right to receive creditable service for his military service pursuant to this
Section.
3. The maximum credit for military service pursuant to this Section shall be five(5) years.
4. The member must have been discharged or released from service under honorable
conditions.
5. This provision is intended to satisfy the minimum requirements of the Uniformed
Services Employment and Reemployment Rights Act (USERRA), (P.L. 103-353). To
the extent that this Section does not meet the minimum standards of USERRA, as it may
be amended from time to time,the minimum standards shall apply.
(c) Family and Medical Leave Act. The fractional parts of the twelve (12)month period ending each
September 30th that a member is on leave without pay from the Village pursuant to the Family
and Medical Leave Act(FMLA) shall be added to the member's creditable service provided that:
1. The member contributes to the fund an actuarially determined amount so that the
crediting of the purchased service does not result in any cost to the fund plus payment of
costs for all professional services rendered to the board in connection with the purchase
of creditable service.
2. The request for creditable service for FMLA leave time for the twelve (12) month period
prior to each September 30th and payment of professional fees shall be made on or before
September 1St
3. Payment by the member of the required amount shall be made on or before October 31 st
for the preceding twelve (12) month period ending September 30th and shall be made in
one(1) lump sum payment upon receipt of which creditable service shall be issued.
Creditable service purchased pursuant to this Section shall not count toward vesting.
Sec. 18-46 Service Retirement Annuity.
(a) Normal Retirement.
1. Normal retirement date. A member's normal retirement date shall be the first day of the
month coincident with or next following the earlier of the attainment of age 62 or 30 years of
creditable service. A member may retire on his normal retirement date or on the first day of any
month thereafter, and each member shall become one hundred percent (100%) vested in his
accrued benefit on the member's normal retirement date. Normal retirement under the plan is
retirement from the service with the village on or after the normal retirement date.
2. Normal Retirement Benefit. The normal monthly retirement annuity shall be equal to two
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percent(2%) of the employee's monthly average final compensation multiplied by the number of
years of creditable service. The maximum annuity payable shall not exceed sixty percent (60%)
of the member's final average compensation.
(b) Early retirement.
1. Early retirement date. Any member may retire on his early retirement date, which shall
be the first day of the month coincident with or next following the attainment of age 55 and the
completion of at least 15 years of creditable service. Early retirement under the plan is
retirement from service with the village on or after the member's early retirement date and prior
to the member's normal retirement date.
2. Early retirement benefit. A member retiring on his early retirement date shall receive
either a deferred or an immediate monthly retirement benefit payable in the same form as for
normal retirement as follows:
A. A deferred monthly retirement benefit, which shall commence on what would
have been his normal retirement date had he continued employment with the village as an
employee and shall be continued on the first day of each month thereafter. The amount
of each such deferred monthly retirement benefit shall be determined in the same manner
as for retirement on his normal retirement date except that credited service and average
final compensation shall be determined as of the member's early retirement date; or
B. An actuarially reduced monthly retirement benefit, equal to the actuarial value of
the member's normal retirement benefit at age 62, which shall commence on the
member's early retirement date and shall be continued on the first day of each month
thereafter. The benefit payable shall be as determined in subparagraph A above.
(c) Transfer between employment groups.
(1) Transfer to the Village's Police 0icer's Retirement System. In the event that a member of
this plan changes his job status with the village such that he is considered to be a member of the
Village's Police Officers' Retirement System, he shall transfer to and become a member of the
Police Officers' Retirement System for purposes of this plan as of the date when the change in
job status occurs. The member's accumulated contributions as of the date of transfer shall remain
allocable to this plan and shall be kept on deposit with this plan. The member's retirement benefit
payable by this plan shall be calculated using his credited service as of the date of transfer and
his average final compensation as of the date of his separation from Village employment or the
date of transfer, whichever amount is greater. This benefit shall be payable commencing on the
date when retirement benefits applicable to the Police Officers' Retirement System begin. The
transferred employee shall not be eligible for any other benefits from this plan. For purposes of
determining his eligibility for vesting, death, disability and retirement benefits as a member of
the Police Officers' Retirement System, the employee's credited service prior to the date of
transfer shall be included. For the purposes of determining the amount of any retirement benefits
as a member of the Police Officers' Retirement System, only credited service following the date
of transfer shall be included.
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(2) Transfers from the Village's Police Officers' Retirement System. In the event that an
employee changes his job status with the village such that he is eligible and if required by
Section 18-43 he elects in writing to become a member of this plan, then for purposes of this
plan the employee shall become a member of this plan as of the date when the change in job
status occurs. The member's accumulated contributions as of the date of transfer shall remain
allocable to the Police Officers' Retirement System and shall be kept on deposit with that plan.
The member's eligibility for vesting and retirement benefits payable by this plan shall be based
upon the member's aggregate credited service with the village. The member's service retirement
annuity payable from this plan, if any, shall be based only upon the member's years of creditable
service accrued while a member of this plan, the formula rate in effect at the time of the
member's retirement, and the member's average final compensation as of the date of his
separation from Village employment. For purposes of determining the member's eligibility for
death benefits as a member of this plan, only the employee's credited service accrued while a
member of this plan shall be included.
(d) Payment. The first monthly installment shall be payable on the first day of the month following
the retirement of the member, and payments thereafter shall be due and payable on the first day of each month
during the lifetime of the annuitant.
(e) Notwithstanding anything herein to the contrary, upon written request from the member, the
pension 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 income payments to be paid do not exceed five thousand dollars ($5000.00).
Any such payment by the pension board to any person pursuant to this paragraph shall operate as a complete
discharge of all obligations under the plan with regard to such member and shall be subject to review by
anyone,but shall be final,binding and conclusive on all persons.
Sec. 18-47. Reversionary annuity; Optional Forms of Retirement Annuity.
(a) In lieu of the amount and form of retirement annuity payable in the event of normal or early
retirement, a member may elect at any time prior to retirement, upon written request to the pension board, to
receive a retirement annuity of equivalent actuarial value of a lesser monthly amount payable to the retiree
during the lifetime of the retiree and following the death of the retiree, the remainder shall be payable to the
designated beneficiary or beneficiaries; provided, that the reversionary annuity resulting from such election is
found to be not less than $10.00 per month, nor more than the reduced monthly service retirement annuity to
which the member is entitled. If more than one beneficiary is designated by a member, the amount of the
annuity as actuarially determined shall be equally apportioned among the beneficiaries. Except as provided
otherwise in Section 18-46(e), full or partial lump sum payments to either a member or beneficiary are
prohibited.
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(b) Any such reversionary annuity paid pursuant to this provision 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
member's death. If no designated beneficiaries survive the member,no reversionary annuity shall be payable to
the deceased beneficiaries' estates.
(c) A member shall not be permitted to change his designated beneficiary (or beneficiaries) more
than two times after payment of the member's service retirement annuity has begun. The consent of a member's
or retiree's beneficiary to any such change shall not be required and the rights of all previously-designated
beneficiaries to receive benefits under the plan shall cease.
(d) If a member dies prior to his normal or early retirement date, whichever occurs first, no
retirement benefit will be payable under this provision to any person,but the benefits, if any,will be determined
in accordance with Section 18-48.
Sec. 18-48. Death benefit.
(a) Upon the death of a member prior to the member's early or normal retirement date, the
beneficiary designated by the member shall receive a refund of the member's accumulated contributions with
interest at three percent, compounded annually,to the member's date of separation.
(b) Upon the death of a member after the member's early or normal retirement date and prior to
retirement, the beneficiary designated by the member shall receive a monthly pension commencing
immediately. The amount of such monthly pension will be calculated as if the member had retired the day
before the date of death and elected a joint and survivor option with one hundred (100)percent continuation to
the beneficiary.
(c) Upon the death of a retired member,unless a reversionary annuity or optional form of retirement
annuity is payable under the provisions of Section 18-47, a death benefit shall be payable to the member's
beneficiary consisting of the excess, if any, of the accumulated contributions of the member at the time of
retirement on service retirement annuity, less the total amount of all service retirement annuity payments
received by the retired member prior to his death.
Sec. 18-49. Contributions by members.
Each village employee who is a member of the plan shall contribute six percent of compensation to the
plan. This contribution shall be made in the form of a deduction from compensation and shall be made
notwithstanding that the compensation paid to such employee shall be reduced below the minimum otherwise
prescribed by law. Every employee who is a member of the plan shall be deemed to consent and agree to
deductions made from his compensation and provided for in the plan. Employee contributions shall be
designated as employer contributions as defined by Section 414(h)(2) of the Code contingent upon such
contribution being excluded from such member's gross income for federal income tax purposes. For all other
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purposes of the plan, contributions shall be considered to be member contributions. Member contributions
withheld by the village on behalf of a member shall be deposited with the Board immediately after each pay
period.
See. 18-50. Refund of contributions.
(a) Upon separation from service, a member may receive a refund of his accumulated contributions.
The member's accumulated contributions will be returned only upon written request and the member's
execution of a release and waiver of all benefits under the plan by the member.
(b) Any member receiving a refund of contributions shall thereby forfeit and relinquish all accrued
rights and benefits in the plan, including all accumulated creditable service; provided, however, if within one
year from the member's separation from service the member re-enters the service of the village either as a
regular employee or officer of the village and is eligible for participation in the plan then the member may again
become a member of the plan upon payment to the fund of all monies previously received by the member from
the fund together with regular interest for the period of the member's absence. Restoration of a member's
credited service shall be permitted only if the member has (i) rendered at least two years of continuous service
following the member's re-entry into the service of the village, (ii) made contributions to the plan during such
time and (iii) makes payment to the fund prior to the completion of two years of continuous service following
the member's re-entry into the service of the village. Upon payment to the fund, the member's credited service
shall be restored.
See. 18-51.Vesting.
If a member has ten (10) or more years of credited service upon separation from service, then the
member shall be entitled to a service retirement annuity, determined in the same manner as for normal or early
retirement and based upon the member's credited service, average final compensation, and the benefit accrual
rate as of the date of the member's separation from service, commencing on the member's otherwise normal or
early retirement date, provided the member does not elect to withdraw his accumulated contributions and
provided further that the member survives to his otherwise normal or early retirement date. If the member does
not withdraw his accumulated contributions and does not survive to his otherwise normal or early retirement
date,then his designated beneficiary shall be entitled to a benefit as provided for by the plan.
Sec. 18-52. False statements; falsifying records; penalties for violation.
The willful falsification of pension-related documents and the making of willful false statements in an
effort to obtain benefits hereunder is strictly prohibited. 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 his/her accumulated contributions to the fund. Any member who has received benefits from the plan
in excess of his accumulated contributions after member's rights were forfeited shall be required to pay back to
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the fund the amount of the benefits received in excess of his accumulated contributions, if any. The pension
board may implement all legal action necessary to recover such funds.
Sec. 18-53. Forfeiture of pension.
(a.) Any plan 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 plan, except for the return of his accumulated
contributions,if any, as of the date of termination. Specified offenses are as follows:
1. The committing, aiding or abetting of an embezzlement of public funds;
2. The committing, aiding or abetting of any theft by a public officer or employee from
employer;
3. Bribery in connection with the employment of a public officer or employee;
4. Any felony specified in Chapter 838, Florida Statutes, except for§ 838.15 & § 838.16.
5. The committing of an impeachable offense.
6. 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.
(b) 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 Florida State Senate of an impeachable offense.
(c) 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 pension 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.
(d) Any member who has received benefits from the plan 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, if any. The pension board may implement all legal action
necessary to recover such funds.
Sec. 18-54 Pension Validity.
The pension 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 any person
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hereafter granted a pension under this ordinance 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 this ordinance be erroneously, improperly or illegally classified. Any overpayments or
underpayments shall be corrected and paid or repaid in a reasonable manner determined by the board.
Sec. 18-55. Contributions by the village.
The village shall make annual contributions to the Fund in an amount equal to the difference each year
between the total aggregate member contributions for the year and the total cost for the year as shown by the
most recent actuarial valuation of the plan. The total cost for any year shall be defined as the total normal cost
plus the additional amount sufficient to amortize the unfunded past service liability as provided for by Chapter
112,Part VII, Florida Statutes, as amended from time to time.
Sec. 18-56. Amendments.
The village council shall have the power to amend the plan, but no amendment shall be adopted which
will have the effect of reducing the then accrued benefits of members or beneficiaries to which they would
otherwise be entitled by reason of assets then held in the fund. Prior benefit improvements and any future
benefit improvements shall not apply to members who separate from service or who retire prior to the effective
date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the
contrary.
See. 18-57. Creditor's claims.
(a) The assets of the plan shall be invested as one fund, and no particular person, group of persons or
entity shall have any right in any specific security or property, or in any item of cash other than an undivided
interest in the whole as specified in the plan as it now exists or is subsequently amended. Such assets shall not
be subject to levy or execution or to claims of creditors or to legal process of any kind or issued by any court
with respect to any participant.
(b) All annuities and other benefits payable under the plan and all accumulated credits of employees
in the plan shall not be assignable and shall likewise not be subject to process as provided in subsection (a) of
this section.
Sec. 18-58. Plan termination.
(a) Upon termination or partial termination of the plan, each affected member's accrued benefit shall
become 100 percent vested,to the extent funded.
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(b) If the ordinance the plan is terminated or if contributions to the plan are discontinued or it there
is a transfer, merger or consolidation of governmental units, service or functions as provided in Chapter 121,
Florida Statutes, as amended from time to time, the pension board shall continue to administer the plan in
accordance with the provisions of the plan for the sole benefit of the then members, any beneficiaries then
receiving retirement allowance, and any future persons entitled to receive benefits under one (1) of the options
provided for by the plan who are designated by any of said members.
See. 18-59.Maximum pension.
(a) 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 $160,000.00. For
purposes of applying the limitations set forth in this subsection, benefits payable in any form, other than a
straight life annuity with no ancillary benefits, shall be adjusted, as provided by applicable United States
Treasury Regulations, so that such benefits are the actuarial equivalent of straight life annuity. For purposes of
this subsection, the following benefits shall not be taken into account: (i) any ancillary benefit which is not
directly related to retirement income benefits; and(ii) any other benefit not required by Section 415(b)(2) of the
Code, or Regulations thereunder, to be taken into account for purposes of the limitation of Section 415(b)(1) of
the Code.
(b) Adjustments in Limitations.
1. In the event a member's retirement benefits become payable before age 62, the
$160,000.00 limitation prescribed by subsection (a), above, shall be reduced in accordance with
Regulations issued by the Secretary of the Treasury of the United States pursuant to the
provisions of Section 415(b) of the Code so that such limitation (as so reduced) equals an annual
benefit (beginning when such retirement income begins) which is equivalent to a $160,000
annual benefit beginning at age 62. This reduction does not apply to pre-retirement death
benefits payable pursuant to Section 18-48.
2. If the member's benefit becomes payable after age sixty-five (65), for purposes of
determining whether this benefit meets the limitation set forth in subsection (a) above, such
benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age 65.
This adjustment shall be made in accordance with regulations promulgated by the Secretary of
the Treasury.
(c) Less than 10 wars of service. The maximum retirement benefits payable under this section to any
member who has completed less than ten years of creditable service with Miami Shores Village, Florida, shall
be the amount determined.under subsection (a) of this section, multiplied by a fraction, the numerator of which
is the number of such member's years of creditable service, and the denominator of which is ten. This reduction
does not apply to pre-retirement death benefits payable pursuant to Section 18-48.
(d) Ten Thousand Dollar 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 this plan and under all other qualified defined benefit pension plans to which
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the Miami Shores Village, Florida, contributes do not exceed $10,000.00 and Miami Shores Village, Florida,
has not at any time maintained a qualified defined contribution plan in which such member participated.
(e) Reduction of benefits. Reduction of a member's benefits or contributions to all plans, when
required shall be accomplished by first reducing such member's benefit under any defined benefit plan(s) in
which the member participated, such reduction to be made first with respect to the plan in which the member
most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan
administrator of such other plan(s), and, next, by reducing or allocating excess forfeitures for defined
contribution plans in which such member participated, such reduction to be made first with respect to the plan
in which the member most recently accrued benefits and thereafter in such priority as shall be established by the
board and the plan administrator for such other plan(s); provided, however, that necessary reductions may be
made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all
other plans covering such member.
(f) Cost-of-living adjustments. The limitations stated in this provision shall be adjusted to the time
payment of a benefit begins in accordance with any cost-of-living adjustments prescribed by the Secretary of
Treasury of the United States pursuant to Section 415(d)of the Code.
(g) Additional limitation on pension bene its. Notwithstanding anything herein to the contrary:
1. The normal retirement benefit or pension payable to a retiree who becomes a member of
the plan and who has not previously participated in such plan, on or after January 1,
1980, shall not exceed one hundred percent (100%) of his average final compensation.
However, nothing contained in this section shall apply to supplemental retirement
benefits or to pension increases attributable to cost-of-living increases or adjustments.
2. No member 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, of the United States Code.
Sec. 18-60.Distribution of benefits.
Notwithstanding any other provision of this article or the plan to the contrary, a form of retirement
income payable from this plan shall satisfy the following conditions:
(1) If the retirement income is payable before the member's death:
a. It shall either be distributed or commence to the member not later than April 1 of the
calendar year following: (i)the calendar year in which the member attains age 70 1/2; or,
(ii)the calendar year in which member retires;whichever is later; and
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b. The distribution shall commence not later than the calendar year defined in subsection
(1)a., above, and: (i) shall be paid over the life of the member or over the lifetimes of the
member and spouse, issue or dependent(s); or, (ii) shall be paid over the period extending
not beyond the life expectancy of the member and spouse, issue or dependent(s).
Where a form of retirement income payment has commenced in accordance with the foregoing
and the member dies before his or her entire interest in the fund has been distributed, the
remaining portion of such interest in the fund shall be distributed no less rapidly than under the
form of distribution in effect at the time of such member's death.
(2) If the member's death occurs before the distribution of his or her interest in the fund has
commenced, such member's entire interest in the fund shall be distributed within five years of
such member's death,unless it is to be distributed in accordance with the following rules:
a. The member's remaining interest in the fund is payable to his or her spouse, issue or
dependent(s);
b. The member's remaining interest is to be distributed over the life of the spouse, issue or
dependant(s), or over a period not extending beyond the life expectancy of the spouse,
issue or dependent(s); and
C. Such distribution begins within one year of such member's death, unless the member's
spouse, issue or dependent(s) shall receive the remaining interest, in which case the
distribution need not begin before the date on which such member would have attained
age 70 1/2; furthermore, if the spouse, issue or dependant(s) die before the distribution to
the spouse, issue or dependent(s) begins, this subsection shall be applied as if the spouse,
issue or dependent(s)were the member.
Sec. 18-61.Direct transfers of eligible rollover distributions.
(a) Notwithstanding any provisions of the plan 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.
(b) For purposes of this section,the following definitions shall apply:
(1) Eligible rollover distribution shall mean any distribution of all or any portion of the balance to
the credit of the distributee, except that an eligible rollover distribution does not include: (i) any
distribution that is one of a series of substantially equal periodic payments (not less frequently
than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint
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life expectancies)of the distributee and the distributee's designated Beneficiary, or for a specified
period of ten years or more; (ii) any distribution to the extent such distribution is required under
Section 401(a)(9) of the Code; or, (iii) the portion of any distribution that is not includable in
gross income. Any portion of any distribution which would be includible in gross income will
be an eligible rollover distribution if the distribution is made to an individual retirement account
described in section 408(a), to an individual retirement annuity described in section 408(b) or to
a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to
separately account for amounts so transferred, including separately accounting for the portion of
such distribution which is includible in gross income and the portion of such distribution which
is not so includible.
(2) Eligible retirement plan shall mean: (i) an individual retirement account described in Section
408(a) of the Code; (ii) an individual retirement annuity described in Section 408(b) of the Code;
(iii) an annuity plan described in Section 403(a) of the Code; (iv) and eligible deferred
compensation plan described in Section 457(b) of the Code which is maintained by an eligible
employer described in Section 457(e)(1)(A) of the Code and which agrees to separately account
for amounts transferred into such plan for this plan; (v) and annuity contract described in section
403(b) of the Code; or (vi) a qualified trust described in Section 401(a) of the Code that accepts
the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible
rollover distribution to the surviving spouse.
(3) Distributee shall mean the distributee and shall also include an employee or former employee,
and an employee's or former employee's surviving spouse, but only with regard to the interest of
such spouse.
(4) Direct rollover shall mean a payment by the plan to the eligible retirement plan specified by the
distributee.
See. 18-62.Miscellaneous provisions.
(a) At no time prior to the satisfaction of all liabilities under the plan with respect to retirees and
members and their spouses and beneficiaries shall any part of the corpus or income of the plan be used for or
diverted to any purpose other than for such persons'exclusive benefit.
(b) It is intended by the Council of Miami Shores Village, Florida, that the Miami Shores Pension
Plan will constitute a qualified public pension plan under the applicable provisions of the Code, as now in effect
or hereafter amended. Any modification or amendment of the plan may be made retroactively, if necessary or
appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of
the Code, as now in effect or hereafter amended, or any other applicable provisions of the United States federal
tax laws, as now in effect or hereafter amended or adopted, and the regulations promulgated thereunder.
(c) Forfeitures arising from terminations or service of members shall serve only to reduce future
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contributions of Miami Shores Village,Florida.
(d) To the extent not covered by insurance contracts in force from time to time, the village shall
indemnify, defend and hold harmless members of the pension 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 these individuals because of acts or circumstances connected with or arising out
of their official duty 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, defend and hold harmless any members of the pension board from the judgment,
execution, or levy thereon. 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 immunity from any suit in whole or part, or waive any
other substantive or procedural rights the village may have. This Section shall not apply nor shall the village be
responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board,
which constitute felonies or gross malfeasance or gross misfeasance in office.
Sec. 18-63. Deferred Retirement Option Plan.
a. A Deferred Retirement Option Plan (DROP) is hereby adopted and shall be administered by the
Board. Any member who is eligible for normal retirement under the Plan may elect to defer receipt of the
member's service retirement annuity and to participate in the DROP. Participation in the DROP shall be limited
to five (5) years. The five-year participation period shall be measured from the actual retirement of the
member.
b. A member's election to participate in the DROP must be made in writing in a time and manner
determined by the Board and shall be effective on the first day of the first calendar month which is at least
fifteen (15) business days after it is received by the Board. A member's election to participate in the DROP is
irrevocable once payments to the member's DROP account begin.
C. A member may participate in the DROP only once. After commencement of participation, the
member shall not again have the right to be a contributing member of the Plan and shall not be eligible for pre-
retirement death benefits as provided for by the Plan.
d. For all Plan purposes, the average monthly earnings and continuous service of a member
participating in the DROP shall remain as they existed on the effective date of the member's commencement of
participation in the DROP. Service, salary, or any other increases in earnings thereafter shall not be recognized
by the Plan or used for the calculation or determination of any benefits payable by the Plan.
e. Periodically, as determined by the Board, the average daily balance in a member's DROP
account shall be credited or debited at a rate equal to the actual net investment return realized by the Plan for
that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which
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the member's DROP account is invested by the Board, net of brokerage commissions, transaction costs and
management fees.
f. Upon a member's separation from service (for any reason), the retirement benefits payable to the
member or to the member's beneficiary(if provided for), shall be paid to the member or beneficiary and shall no
longer be paid to the member's DROP account. No payments will be made from the DROP account until the
member terminates employment with the Village.
g. If a DROP member dies before his or her DROP account balance is paid out in full, the
member's designated beneficiary shall have the same rights as the member to elect and receive the payout
options set forth. DROP payments to a beneficiary shall be in addition to any retirement benefits payable to the
beneficiary under any optional form of retirement benefits elected by the member.
h. Within ninety(90) days after the end of any calendar quarter following the member's separation
from service,the balance in the member's DROP account shall be payable at the member's option as either:
i. a single lump payment or
ii. a direct rollover to an individual retirement account(IRA)or other eligible plan.
Regardless of the selected option by the member, the Board has the right to accelerate payments in order to
comply with Section 401 (a) (9) of the Internal Revenue Code and the right to defer payments to comply with
Section 415 of the Internal Revenue Code. The DROP is meant to comply with all provisions of the Internal
Revenue Code, and the Board shall take no action that would jeopardize the tax qualification of the Plan.
i. All benefits payable under the DROP shall be paid only from the assets of the DROP. Neither
the Village nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other
assets except to the extent required by any applicable law.
j. The DROP shall contain such other terms and conditions as the Board deems necessary and
appropriate for proper administration of the DROP.
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