O-658-06 ORDINANCE NO. 658-06
AN ORDINANCE OF THE MIAMI SHORES VILLAGE
COUNCIL AMENDING CHAPTER 18 "PERSONNEL" OF THE
VILLAGE CODE BY REPEALING ARTICLE IV, "POLICE
OFFICERS' RETIREMENT SYSTEM" IN ITS ENTIRETY AND
ADOPTING A NEW ARTICLE IV, TITLED "POLICE
OFFICERS' RETIREMENT SYSTEM" WHICH PROVIDES
RETIREMENT BENEFITS FOR VILLAGE POLICE OFFICERS;
PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR
EMPLOYEE CONTRIBUTIONS; PROVIDING NORMAL AND
EARLY RETIREMENT BENEFITS; PROVIDING FOR
OPTIONAL FORMS OF RETIREMENT ANNUITY;
PROVIDING FOR DEATH BENEFITS; PROVIDING FOR
DISABILITY RETIREMENT; PROVIDING FOR DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS;
PROVIDING FOR COMPLIANCE WITH THE INTERNAL
REVENUE CODE; PROVIDING A DEFERRED RETIREMENT
OPTION PLAN; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 18, Article IV of the Miami Shores Village Code (the
"Code")provides a pension plan for the Village's police officers; 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 IV "Police Officers' Retirement System" 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hereby repealed in its entirety.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 IV. Chapter 18, "Personnel" of the
Village Code is hereby amended by adopting a new Article IV, titled "Police Officers'
Retirement System,"as set forth in and attached as Exhibit`B"to this Ordinance.
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.
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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 reading this 5`h day of
December , 2006.
Al Davis,Mayor
ATTEST:
Barbara Estep,MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan,
Village Attorney
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ARTICLE IV.
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 of the Miami Shores
Village Police Department. The plan is established with a January 1, 2000 effective date, complying with
Chapter 185, Florida Statutes 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 F.S. ch. 185, 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, the village has established and
maintains a retirement system for police officers as set forth herein.
Sec. 18-64.Defmitions.
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 st in the amount of three percent per annum, compounded annually each October 1 st 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 75 percent male rates and 25 percent female rates or
such other actuarial table as may be adopted by the board and applied to an annual interest rate of eight percent
or such other rate as may be adopted by the board. In the case of a disability retirement, the foregoing mortality
rates, set ahead by five years, shall be applied and used.
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 12 equal monthly
installments.
Average final compensation means a member's average highest annual compensation for any 36
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consecutive calendar months while the respective member is contributing into the plan within the last 120
calendar months as determined immediately preceding the member's actual separation from service.
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.
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 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 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 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:
(1) The member returns to his employment as a police officer within one year from the date of or
release from such military service.
(2) The member is entitled to re-employment under the provisions of the Uniformed Services
Employment and Re-employment Rights Act.
(3) The maximum credit for military service shall be five years.
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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 of the Miami Shores Police Department employed on a full-time
permanent basis. Employees serving on a part-time basis and 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 12-month period beginning October first and ending September thirtieth of the
following year.
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 full-time police officer or any former police officer who has made
contributions to the system and has not received a refund.
Military service means service in the United States Armed Forces, the United States Merchant Marine or
the United States Coast Guard.
Pension board or board of trustees means the group of individuals charged with the responsibility to
administer the plan.
Plan means the Miami Shores Police Officers' Retirement System as contained herein and all
amendment thereto.
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 F.S. § 943.1395, as amended from time to time,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.
Preexisting condition means
(1) Any condition, disease or ailment which existed on or before the date a member became eligible
for membership in the system; or
(2) Any condition, disease or ailment for which a member received medical or surgical treatment or
advice within five years prior to the date such a member became eligible for membership in the
system; or
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(3) 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 of the village 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, retirement or other specific separation
from the village.
Year A year shall be twelve (12) consecutive months or such other consecutive period of time as is used
and consistently applied.
The masculine gender, where used herein, unless the context specifically requires otherwise, shall
include both the feminine and masculine genders.
See. 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 article is hereby vested in a board
of trustees. The board is hereby designated as the plan administrator. The board shall consist of five trustees
comprised as follows: two trustees who, unless otherwise prohibited by law, shall be legal residents of the
village and shall be appointed by the Village Council and who may be village council members serving in an ex
officio capacity, and two of whom 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 trustees, as provided for herein, and such person's name shall be submitted to the village
council. Upon receipt of the fifth person's name, the Miami Shores Village Council shall, as a ministerial duty,
appoint such person to the board of trustees as its fifth trustee. The fifth trustee shall have the same rights as
each of the other four (4) trustees appointed or elected as herein provided and shall serve a two (2) year term
unless he sooner vacates the office. Each resident trustee serve for a two-year period unless he sooner vacates
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the office or is sooner replaced by the Village Council. Each member trustee shall serve as a trustee for a two-
year period unless they sooner leave their employment with the village as a police officer or otherwise vacate
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 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 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 determine. 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.
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 as may be provided by law.
(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 willful 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(d) of this section.
(f) Meetings; quorum. The board shall meet as a whole at least once each quarter. Meetings of the
board shall be held at such times and places as a majority of the members shall periodically determine. Each
trustee shall be entitled to one vote on the board. 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 eligible members.
(g) Vacancies. Any appointed member may resign at any time by delivering their resignation to the
village clerk and the secretary of the board and such resignation shall thereafter take effect as therein specified.
A resident trustee may be removed at any time by the village council. A pension 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 remained of that pension board member's term. During the time a vacancy exists,
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the remaining pension board members, provided that they are not less than three trustees, shall perform all
functions of the board.
See. 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 fund in accordance with 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) 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.
Sec. 18-67. Same--Legal advisor.
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The village attorney shall be the legal advisor to the board but the board may, at its discretion, elect to
employ other legal counsel.
Sec. 18-68. Trust indenture.
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.
Sec. 18-69. Finances and fund management; establishment and operation of fund.
(a) 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.
(b) 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.
(c) All fiends 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 fiends for the village. However, any fiends so deposited with the village shall be kept in a separate fiend 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 F.S. § 280.02, which depository with regard to such fiords shall
conform to and be bound by all of the provisions of F.S. ch. 280. In order to fulfill its investment
responsibilities as set forth herein,the board may retain the services of a custodian.
(d) 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:
(1) Current amounts of accumulated contributions of members on both an individual and aggregate
account basis; and
(2) Receipts and disbursements; and
(3) Benefit payments; and
(4) Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to
contributions and deposits from the village; and
(5) All interest,dividends and gains (or losses); and
(6) Such other entries as may be properly required so as to reflect a clear and complete financial
report of the fiord.
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(e) 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.
(f) 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.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) At least once every, three years, and more often as determined by the board, the board shall
retain a professionally qualified independent consultant, as defined in F.S. § 185.06, 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.
See. 18-70. Contributions.
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(a) Member contributions.
(1) Amount. Members shall contribute nine percent (9%) of earnable 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 18-72(a),
provided that such contribution increase shall not exceed four percent of earnable
compensation in addition to the nine percent (9%) 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.
(2) Method. Member contributions shall be made by payroll deduction.
(3) Duration. Member contributions shall begin upon an employee's date of hire and deductions
shall continue until a member has reached their actual retirement date or their termination date,
whichever occurs first.
(4) 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:
a. Member contributions shall be deducted from compensation that the village is required to
pay for the period of suspension.
b. 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 90 days of the date of
reinstatement.
C. 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 subsections (a)(4)a. and b. of this section are satisfied, member
contributions shall be made in the same manner as for other members of the system.
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d. In the event that such suspended member fails to comply with subsection (a)(4)b. 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.
(b) State contributions.
(1) 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
of the 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 days after
receipt by the village. The village may provide authorization for direct payment to the board.
(2) 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.
(c) 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 F.S. part VII, ch. 112. This funding will be made
provided that the total annual village contribution does not exceed the amount or value equivalent to one mill on
taxable property in the village according to the next preceding assessment, unless a greater contribution is
mandated by state law(s).
(d) 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.
See. 18-71.Membership eligibility and conditions.
(a) Conditions of eligibility. All regular, full-time police officers shall be eligible for membership in
the system. Membership shall be a mandatory condition of employment.
(b) 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:
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(1) Such employee's acceptance of the terms and conditions of the system; and
(2) 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.
(c) The Village Police Chief may opt not to participate in this system, however such option shall be
in writing and exercised within 90 days from the Police Chief s initial appointment or promotion to the position
of Police Chief and shall be irrevocable.
Sec. 18-72. Service retirement
(a) Normal Retirement.
(1) Normal Retirement Date. Any police officer may retire on his normal retirement date,which
shall be the first day of the month coincident with or next following the completion of 25 years
of creditable service.
(2) Normal Retirement Benefit.
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 percent of the monthly average final compensation multiplied by the
number of years of creditable service up to 25 years plus two and one-half percent
of the monthly average final compensation multiplied by the number of years of
creditable service over 25 years but not exceed a total of 30 years of creditable
service.
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 percent of the monthly average
final compensation multiplied by the number of years of creditable service up to
25 years plus two and one-half percent of the monthly average final compensation
multiplied by the number of years of creditable service over 25 years but not
exceed a total of 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 percent of the monthly
average final compensation multiplied by the number of years of creditable
service up to 15 years; plus two and seven-tenths percent of the monthly average
final compensation multiplied by the number of years of creditable service
beginning at 16 years and up to 25 years; plus two and one-half 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. The employee's contribution shall not exceed nine 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,
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1994 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 ten years; plus two and seven-tenths percent of the
monthly average final compensation multiplied by the number of years of
creditable service beginning at 11 years and up to 25 years; plus two and one-half
percent of the monthly average final compensation; but not to exceed a total of 30
years of creditable service. Under no circumstance 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 compensation.
E. The amount of monthly retirement annuity to which a police officer who retires or
terminates employment subsequent to October 1, 1994 and prior to September 30,
1995 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 seven-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-half
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; plus two percent of the monthly average final compensation
multiplied by the number of years of creditable service over 39 1/4 years. 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.
F. 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.
G. 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
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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.
H. 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 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.
I. 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.
J. 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.
K. 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.
(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 system 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.
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(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) Transfers between employment groups.
(1) Transfers from the General Employees Pension Plan. In the event that an employee
changes his job status with the village such that he is eligible to become a member of this
system, then for purposes of this system the employee shall become a member of this system as
of the date when the change in job status occurs. The employee's accumulated contributions to
the General Employees Pension Plan as of the date of transfer shall remain allocable to and on
deposit with that plan. The employee's eligibility for a retirement benefit from the General
Employees Pension Plan shall be based upon the employee's aggregate creditable service with
the village. The member's retirement benefit payable by the General Employees Pension Plan
shall be calculated using his credited service as a member of that plan as of the date of transfer
and his average final compensation as of the date of his separation from employment or the date
of transfer, whichever amount is greater. This benefit shall be payable commencing on the date
when retirement benefits applicable to this system begin. The transferred employee shall not be
eligible for any other benefits from the General Employees Pension Plan. For purposes of
determining the member's eligibility for vesting and death, disability or retirement benefits
payable by this system, the member's credited service as a member of the General Employees
Pension Plan prior to the date of transfer shall be included. For the purposes of determining the
amount of any retirement benefit as a member of this system, only credited service following the
date of transfer shall be included.
(2) Transfers to the General Employees Pension Plan. In the event that an employee
changes his job status with the village such that he is eligible for and, if required by Section 18-
43 of the Village Code he elects in writing, becomes a member of the General Employees
Pension Plan, then the employee shall become a member that plan as of the date when the
change in job status occurs. Provided the employee's accumulated contributions as of the date
of the transfer remain on deposit with this system, the employee's eligibility for retirement
benefits from this system shall be based upon the employee's aggregate creditable service with
the Village. The employee's retirement benefit, if any, payable from this system shall be based
upon the employee's years of creditable service while a member of this system, the formula rate
in effect at the time of the employee's transfer, and the employee's average final compensation
as of the date of his separation from employment or the date of transfer, whichever is greater.
This benefit shall be commence on the date when retirement benefits applicable to the General
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Employees Pension Plan begin. The transferred employee shall not be eligible for any other
benefits from this system.
(3) Aggregate creditable service. If an employee has remained in the service of the
village for ten years or more, then the employee's aggregate creditable service shall be
computed from their date of employment.
(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.
See. 18-73. Optional forms of benefits.
(a) 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:
(1) A monthly benefit payable to the retiree for his lifetime only.
(2) A monthly benefit payable to the retiree during his lifetime and following his death, 100 percent,
75 percent, 66 2/3 percent or 50 percent 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 50
percent of the total present value of payments to the retiree and his beneficiary.
(3) 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.
(b) 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 no more than twice, provided the
beneficiary is alive at the time of the change.
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(c) The board may request such evidence of good health of the beneficiary being removed as it may
require.
(d) 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.
(e) 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 to the estate of the member.
(f) Monthly benefits shall be made under the option elected and shall be subject to the following
limitations:
(1) 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 in accordance with Section
18-75.
(2) 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.
(3) 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 to the member's estate.
(4) 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.
(g) A retiree may not change his retirement option after the date of cashing or depositing his first
benefit check.
(h) 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 $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.
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Sec. 18-74.Beneficiaries.
(a) 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.
(b) 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.
(c) 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.
See. 18-75.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 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 is payable under the
provisions of section 18-73, a death benefit shall be payable to the member's beneficiaries 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
their death.
Sec. 18-76.Disability benefits for police officers.
(a) (1) A police officer who, prior to his normal retirement date, becomes totally and
permanently disabled as defined in subsection (b), of this section, by reason of any cause other than a
cause set out in subsection (c), of this section and meets the service requirements set out in subsection
(d) of this section, may retire and receive benefits as provided in subsection (e) of this section. Such
retirement shall be referred to as disability retirement.
a. Definitions.As used in this subsection,the following definitions shall apply:
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1. Body fluids means blood and body fluids containing visible blood body fluids to
which universal precautions for occupational transmission of blood-borne
pathogens as established by the Centers for Disease Control, apply. For purposes
of potential transmission of meningococcal meningitis or tuberculosis, the term
"body fluids" 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
another agency.
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 non-healthcare 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, jail 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
18
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) of this section; 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:
(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 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
subsections (d)(1) or (d)(2) of this section. 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
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 42 percent of their average monthly
compensation as of their disability retirement date, subject to the offset contained in subsection (f) of this
19
section. 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) of this section, the police officer's monthly benefit shall be the
accrued normal retirement benefit, but shall not be less than 25 percent of their average monthly compensation
as of their respective disability retirement date.
(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 subsection (f)(1) of this section, 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 subsection(f)(1)of this section;
(3) If the number obtained in subsection (f)(1) of this section, 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) If the police officer dies without recovering from their disability,the payment due next preceding
their death or the one hundred and twentieth 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 disability. 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
20
for an independent medical examination (IME) of the applicant by one 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 applicant is totally and
permanently disabled as defined in subsection (b) of this section. 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 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.
0) 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. 18-77. 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,
21
improperly or illegally classified. Any overpayments or under payments shall be corrected and paid or repaid in
a reasonable manner determined by the board.
See. 18-78.Refund of contributions.
A member may voluntarily leave his accumulated contributions in the fund for a period of five 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 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 90 days after his re-employment.
Sec. 18-79.Vesting rights.
(a) 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 years of
creditable service. If separated from service after ten 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 15 years of creditable service, they shall be eligible to elect a service retirement annuity
as provided under section 18-72(b) after attainment of age 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.
(b) 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.
See. 18-80. Claims procedures.
(a) 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.
(b) 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.
See. 18-81. Reports to division of retirement.
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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 F.S. § 185.221.
Sec. 18-82.Roster of 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.
Sec. 18-83. Retiree Directed Payments.
(a) The board may, upon written request by a retiree, or by a dependent when authorized by either a
retiree or the retiree's beneficiary, authorize the system to withhold from the monthly retirement payment those
funds that are necessary to pay for the benefits being received through the village, to pay the certified
bargaining agent of the governmental entity, and to make any payments for child support or alimony.
(b) The board may in its discretion, upon written request by a retiree, recognize elections made
pursuant to Section 845 of the Pension Protection Act of 2006.
See. 18-84.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.
For purposes of this 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 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 sub-section,the following benefits shall not be taken into account:
• Any ancillary benefit which is not directly related to retirement income benefits; and
• 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.
(b) Participation in other defined benefit plans. The limitation of this section with respect to any
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member who at any time has been a member in any other defined benefit plan (as defined in § 4140) of the
Code) 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.
(c) Adjustments in limitations:
(1) In the event the member's retirement benefits become payable before age 62, the $160,000
limitation prescribed by this section shall be reduced in accordance with treasury regulations
pursuant to the provisions of§ 415(b) of the code, so that such limitation (as so reduced) equals
an annual benefit (beginning when such retirement income benefit begins)which is equivalent to
a$160,000 annual benefit beginning at age 62.
(2) In the event the member's benefit is based on at least 15 years of credited service, the
adjustments provided for in subsection(c)(1) of this section shall not apply.
(3) The reductions provided for in subsection (c)(1) of this section shall not be applicable to
disability benefits or pre-retirement death benefits.
(4) In the event the member's retirement benefit becomes payable after age 65, for purposes of
determining whether this benefit meets the limitation set forth in subsection (a) herein, 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 or his delegate.
(d) Less than ten years of service. The maximum retirement benefits payable under this section to
any member who has completed less than ten years of credited service with the Village shall be the amount
determined under subsection (a) 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. The reduction provided for in
this subsection shall not be applicable to disability benefits or pre-retirement death benefits.
(e) $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 $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.
(f) Cost-of-living adjustments. The limitations as stated in subsections (a), (b) and(c)herein shall be
adjusted to the time payment of a benefit that begins in accordance with any cost-of-living adjustments in
accordance with treasury regulations pursuant to § 415(d) of the code.
(g) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary:
(1) 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 100 percent of his average final compensation. However, nothing contained herein
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shall apply to supplement retirement benefits or to pension increases attributable to cost-of-living
increases or adjustments.
(2) 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.
(h) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where required,
shall be accomplished by first reducing the member's benefit under any defined benefit plans 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 plans, and next, by reducing or allocating excess forfeitures for defined contribution
plans 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 established by the board and
the plan administrator for such other plans provided, however, that the 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.
See. 18-85. Minimum Distribution of benefits.
(1) General Rules
(a) Effective Date. The provisions of this section will apply for purposes of
determining required minimum distributions for calendar years beginning with the 2003
calendar year.
(b) Precedence. The requirements of this section will take precedence over
any inconsistent provisions of the system.
(c) Requirements of Treasury Regulations Incorporated. All distributions
required under this section will be determined and made in accordance with the Treasury
regulations under section 401(a)(9)of the Code.
(d) TEFRA Section 242(b)(2) Elections. Notwithstanding the other
provisions of this Section other than this subsection (1)(d), distributions may be made
under a designation made before January 1, 1984, in accordance with Section 242(b)(2)
of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan
that related to Section 242(b)(2) of TEFRA.
(2) Time and Manner of Distribution
(a) Required Beginning Date. The Member's entire interest will be
distributed, or begin to be distributed, to the Member no later than the Member's required
beginning date which shall not be later than April 1 of the calendar year following the
later of the calendar year in which the Member attains age seventy and one-half(70 %) or
the calendar year in which the Member retires unless otherwise provided for in the Plan
or required by law.
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(b) Death of Member Before Distributions Begin. If the member dies before
distributions begin, the member's entire interest will be distributed, or begin to be
distributed no later than as follows:
1. If the member's surviving spouse is the member's sole designated
beneficiary, then distributions to the surviving spouse will begin by December 31
of the calendar year immediately following the calendar year in which the
member died, or by December 31 of the calendar year in which the member
would have attained age 70 %2, if later.
2. If the member's surviving spouse is not the member's sole
designated beneficiary, then, distributions to the designated beneficiary will begin
by December 31 of the calendar year immediately following the calendar year in
which the member died.
3. If there is no designated beneficiary as of September 30 of the year
following the year of the member's death, the member's entire interest will be
distributed by December 31 of the calendar year containing the fifth anniversary
of the member's death.
4. If the member's surviving spouse is the member's sole designated
beneficiary and the surviving spouse dies after the member but before
distributions to the surviving spouse begin, this subsection (2)(b), other than
subsection(2)(b)1.,will apply as if the surviving spouse were the member.
For purposes of this subsection (2)(b) and subsection (5), distributions are
considered to begin on the member's required beginning date or, if subsection
(2)(b)4 applies, the date of distributions are required to begin to the surviving
spouse under subsection (2)(b)l. If annuity payments irrevocably commence to
the member before the member's required beginning date (or to the member's
surviving spouse before the date distributions are required to begin to the
surviving spouse under subsection (2)(b)l., the date distributions are considered
to begin is the date distributions actually commence.
(c) Form of Distribution. Unless the member's interest is distributed in the
form of an annuity purchased from an insurance company or in a single sum on or before
the required beginning date, as of the first distribution calendar year distributions will be
made in accordance of subsections 3, 4 and 5 of this section. If the member's interest is
distributed in the form of an annuity purchased from an insurance company, distributions
thereunder will be made in accordance with the requirements of Section 401(a)(9) of the
Code and Treasury regulations. Any part of the Member's interest which is in the form of
an individual account described in Section 414(k) of the Code will be distributed in a
manner satisfying the requirements of Section 401(a)(9) of the Code and Treasury
regulations that apply to individual accounts.
(3) Determination of Amount to be Distributed Each Year
(a) General Annuity Requirements. If the member's interest is paid in the
form of annuity distributions under the Plan, payments under the annuity will satisfy the
following requirements:
1. The annuity distributions will be paid in periodic payments made
at intervals not longer than one year.
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2. The distribution period will be over a life (or lives) or over a
period certain not longer than the period described in subsection 4 or 5.
3. Once payments have begun over a period certain, the period
certain will not be changed even if the period certain is shorter than the maximum
permitted.
4. Payments will either be non-increasing or increase only as follows:
A. By an annual percentage increase that does not
exceed the cumulative annual percentage increase in a cost-of-living index
that is based on prices of all items and issued by the Bureau of Labor
Statistics or by a fixed annual increase of five percent or less.
B. To the extent of the reduction in the amount of the
member's payments to provide for a survivor benefit upon death, but only
if the beneficiary whose life was being used to determine the distribution
period described in subsection 4 dies or is no longer the member's
beneficiary pursuant to a qualified domestic relations order within the
meaning of Section 414(p) of the Code.
C. To provide cash refunds of accumulated
contributions upon the member's death.
D. To pay increased benefits that result from a system
amendment.
(b) Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the member's required beginning date (or, if
the member dies before distributions begin, the date distributions are required to begin
under subsection (2)(b)l or (2)(b)2) is the payment that is required for one payment
interval. The second payment need not be made until the end of the next payment
interval even if that payment interval ends in the next calendar year. Payment intervals
are the periods for which payments are received, e.g., bi-monthly, monthly, semi-
annually, or annually. All of the member's benefit accruals as of the last day of the first
distribution calendar year will be included in the calculation of the amount of the annuity
payments for payment intervals ending on or after the member's required beginning date.
(c) Additional Accruals After First Distribution Calendar Year. Any
additional benefits accruing to the member in a calendar year after the first distribution
calendar year will be distributed beginning with the first payment interval ending in the
calendar year immediately following the calendar year in which such amount accrues.
(4) Requirements for Annuity Distributions That Commence During a Member's Lifetime.
(a) Joint Life Annuities Where the Beneficiary Is Not the Member's Spouse. If
the member's interest is being distributed in the form of a joint and survivor annuity for
the joint lives of the member and a nonspouse beneficiary, annuity payments to be made
on or after the member's required beginning date to the designated beneficiary after the
member's death must not at any time exceed the applicable percentage of the annuity
payment for such period that would have been payable to the member using the table set
forth in Q&A-2 of Section 1.401(a)(9)-6T of the Treasury regulations. If the form of
distribution combines a joint and survivor annuity for the joint lives of the member and a
non-spouse beneficiary and a period certain annuity, the requirements in the preceding
27
sentence will apply to annuity payments to be made to the designated beneficiary after
the expiration of the period certain.
(b) Period Certain Annuities. Unless the member's spouse is the sole
designated beneficiary and the form of distribution is a period certain and no life annuity,
the period certain for an annuity distribution commencing during the member's lifetime
may not exceed the applicable distribution period for the member under the Uniform
Lifetime Table set forth in Section 1.401(x)(9)-9 of the Treasury regulations for the
calendar year that contains the annuity starting date. If the annuity starting date precedes
the year in which the member reaches age 70, the applicable distribution period for the
member is the distribution period for age 70 under the Uniform Lifetime Table set forth
in Section 1.401(a)(9)-9 of the Treasury regulations plus the excess of 70 over the age of
the member as of the member's birthday in the year that contains the annuity starting
date. If the member's spouse is the member's sole designated beneficiary and the form of
distribution is a period certain and no life annuity, the period certain may not exceed the
longer of the member's applicable distribution period, as determined under this
subsection (4)(b), or the joint life and last survivor expectancy of the member and the
member's spouse as determined under the Joint and Last Survivor Table set forth in
Section 1.401(a)(9)-9 of the Treasury regulations, using the member's and spouse's
attained ages as of the member's and spouse's birthdays in the calendar year that contains
the annuity starting date.
(5) Requirements for Minimum Distributions Where Member Dies Before Date Distributions
Begin.
(a) Member Survived by Designated Beneficiary. If the member dies before
the date distribution of his or her interest begins and there is a designated beneficiary, the
member's entire interest will be distributed, beginning no later than the time described in
subsection (2)(b)1 or (2)(b)2, over the life of the designated beneficiary or over a period
certain not exceeding:
1. Unless the annuity starting date is before the first distribution
calendar year, the life expectancy of the designated beneficiary determined using
the beneficiary's age as of the beneficiary's birthday in the calendar year
immediately following the calendar year of the member's death.
2. If the annuity starting date is before the first distribution calendar
year, the life expectancy of the designated beneficiary determined using the
beneficiary's age as of the beneficiary's birthday in the calendar year the contains
the annuity starting date.
(b) No designated Beneficiary. If the member dies before the date
distributions begin and there is no designated beneficiary as of September 30th of the
year following the year of the member's death, distribution of the member's entire interest
will be completed by December 31 st of the calendar year containing the fifth anniversary
of the member's death.
(c) Death of Surviving Spouse Before Distributions to Surviving Spouse
Begin. If the member dies before the date distribution of his interest begins, the
member's surviving spouse is the member's sole designated beneficiary, and the surviving
spouse dies before distributions to the surviving spouse begin, this subsection 5 will
28
apply as if the surviving spouse were the member, except that the time by which
distributions must begin will be determined without regard to subsection(2)(b)1.
(6) Definitions
(a) Designated Beneficiary. The individual who is designated as the
beneficiary under the Plan and is the designated beneficiary under Section 401(a)(9) of
the Code and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.
(b) Distribution Calendar Year. A calendar year for which a minimum
distribution is required. For distributions beginning before the member's death, the first
distribution calendar year is the calendar year immediately preceding the calendar year
which contains the member's required beginning date. For distributions beginning after
the member's death, the first distribution calendar year is the calendar year in which
distributions are required to begin pursuant to subsection(2)(b).
(c) Life Expectancy. Life expectancy as computed by use of the Single Life
Table in Section 1.401(a)(9)-9 of the Treasury regulations.
(d) Required Beginning Date. The date specified in subsection(2)(a).
Sec. 18-86.Repeal or termination of system.
(a) 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 benefiting 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.
(b) If this article 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 F.S. ch. 121, the
board shall continue to administer the system in accordance with the provisions of this article 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 article 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.
(c) 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 article, or if contributions to the system are discontinued, with the date of such
discontinuation being determined by the board:
(1) 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
29
amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced
amounts will be equal to such asset value.
(2) If there be any asset value remaining after the apportionment under (c)(1) of this section,
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 subsection(c)(1) of
this section 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.
(3) If there be any asset value after the apportionments under subsections (c)(1) and (2) of this
section, 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 subsection (c)(1) and (2) of this section 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.
(4) If there be any asset value remaining after the apportionments under subsections (c)(1), (2) and
(3) of this section, apportionment shall lastly be made in respect of each member included in
subsection (c)(3) of this section to the extent of the actuarial equivalent of the non-vested
accrued normal retirement benefit, less the amount apportioned in subsection (c)(3) of this
section,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.
(5) In the event that there be asset value remaining after the full apportionment specified in
subsections (c)(1), (2), (3) and (4) of this section, 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 years after the effective date of the ordinance originally establishing this
30
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 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 $1,500.00, shall not
exceed the greater of either:
• $20,000.00; or
• An amount computed by multiplying the smaller of$10,000.00 or 20 percent of such member's
average annual earnings during his last five 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 article.
(d) 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. 18-87. 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.
Sec. 18-88.Direct transfers of eligible rollover distributions.
(a) 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.
(b) Definitions:
(1) 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 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.
31
(2) 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.
(3) 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.
(4) Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan
specified by the distributee.
See. 18-89. Indemnification and defense of claims.
(a) 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.
(b) 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.
(c) 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.
See. 18-90.Amendments.
The village council shall have the power to amend the plan, but no amendments 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.
Sec. 18-91. False, misleading or fraudulent statements; conviction and forfeiture.
(a) It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist,
32
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.
(b) A person who violates subsection (a) of this section commits a misdemeanor of the first degree,
punishable as provided in F.S. § 775.082 or 875.083.
(c) In addition to any applicable criminal penalty, upon conviction for a violation described in
subsection (a) of this section, 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.
See. 18-92. 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.
See. 18-93. Forfeiture of pension.
(a) 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:
(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 F.S. ch. 838.
(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
33
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 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 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 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. 18-94. 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 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.
(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
34
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.
(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 employee 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 subsection (i) of this section, if an employee
dies before distribution of the 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.
0) 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
following the later of the calendar year in which the employee separates from service with the village or attains
age 70 1/2 years.
(k) Notwithstanding any other provisions of this 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,
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implement and administer the deferred retirement option plan for sworn police personnel.
See. 18-95. Miscellaneous provisions.
(a) 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.
(b) Qualification of system. 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.
(c) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only
to reduce current or future contributions to the fund.
(d) 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.
(e) Compliance with Chapter 185, Florida Statutes. It is intended that this system will continue to
qualify for funding under Chapter 185, Florida Statutes. Accordingly, unless otherwise required by law, any
provision of the system which violates Chapter 185, Florida Statutes, as amended from time to time, shall be
superseded by and administered in accordance with the requirements of such chapter.
See. 18-96. Special fund for police officers.
(a) 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. chs. 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.
(b) The special fund shall be administered by the board and the same trustees who are administering
the pension plan.
(c) Each participant shall be entitled to one 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
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thereupon have as many shares as full years of service shall add one or more shares to the credit of each
participant.
(d) 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:
(1) The pension board shall pay all costs and expenses of management and operation for the fiscal
year last ended.
(2) 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.
(3) After deducting the monies called for under subsections (a) and (b) of this section, the remaining
monies shall be allocated and credited to the share accounts of the respective participants.
(4) 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 share by the total number of shares to which each participant is
entitled.
(5) 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.
(e) 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)(4) 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.
(f) 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.
(g) 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.
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(h) 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.
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