O-728-16 ORDINANCE NO. 728-16
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER
18,ARTICLE III GENERAL EMPLOYEES PENSION PLAN, OF THE VILLAGE CODE OF
ORDINANCES TO COMPLY WITH INTERNAL REVENUE CODE AND TREASURY
REGULATION CHANGES PER THE 2007 CUMULATIVE LIST OF CHANGES IN PLAN
QUALIFICATION REQUIREMENTS AS APPROVED BY THE FAVORABLE DETERMINATION
LETTER DATED APRIL 20, 2016, PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Special counsel attorneys, Holland & Knight LLP, have made recommendations for
language amendments in accordance with the favorable determination letter dated April 20, 2016,
implementing the 2007 Cumulative List of Changes in Plan Qualification Requirements; and,
WHEREAS, It is in the best interest of the Village to amend Chapter 18, Article III of the Code of
Ordinances as recommended;
NOW,THEREFORE, BE IT ORDAINED BY THE Miami Shores Village Council that:
Section 1. Sec. 18-59 Maximum pension (a) is hereby amended to read as follows:
Sec. 18-59. Maximum pension.
(a) Basic limitation. Subject to the adjustments hereinafter set forth, the maximum amount of
annual retirement income payable with respect to a member under this plan shall not
exceed$160,000.
For purposes of applying the limitations set forth in this subsection, benefits payable in any
form, other than in a straight life annuity with no ancillary benefits, shall be adjusted, as
provided by applicable United States Treasury Regulations, so that such benefits are the
actuarial equivalent of straight life annuity. For purposes of this subsection, the following
benefits shall not be taken into account:
(i) any ancillary benefit which is not directly related to retirement income benefits;and
(ii) any other benefit not required by section 415(b)(2) of the [Internal Revenue] Code,
or regulations thereunder,to be taken into account for purposes of the limitation of
section 415(b)(1) of the Code.
For purposes of applying the limitation of Section 415(b) of the Code, effective with respect
to limitation years beginning on or after lulu 1, 2007, the applicable provisions of the
Treasury regulations provided in sections 1.415(a)-1, 1.415(c)-1, and 2. 1.415(d)-1, 1.415(f)-
1, 1.415(8)-1, and 1.415(i)-1 are incorporated herein by reference.
Section 2. Sec. 18-61 Direct transfers of eligible rollover distributions (3) Eligible Retirement Plan is
hereby amended to read as follows:
(3) ELIGIBLE RETIREMENT PLAN. An individual retirement account described in Section
408(a) of the Internal Revenue Code, an individual retirement annuity account described in Section
408(b) of the Internal Revenue Code, an individual retirement plan described in Section 403(a) of the
Internal Revenue Code, or a qualified trust described in §401(a) of the Internal Revenue Code, that
accepts the distributee's eligible rollover distribution. Effective for distributions made after December
0
31, 2001, an eligible retirement plan shall also mean an annuity contract described in Section 403(b) of
the Internal Revenue Code and an eligible plan under Section 457(b) of the Internal Revenue Code which
is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or
political subdivision of a state and which agrees to separately account for amounts transferred into such
plan from this Plan.
Section 3. Sec. 18-63 Deferred retirement option plan (h) is hereby amended to read as follows:
(h) Within 90 days after the end of any calendar quarter following the member's separation
from service, the balance in the member's DROP account shall be payable at the member's
option as either:
(1) A single lump payment,or
(2) A direct rollover to an individual retirement account(IRA) or other eligible plan.
Regardless of the selection option by the member, the board has the right to accelerate
payments in order to comply with section 401(a)(9) of the Internal Revenue Code and the right
to defer payments to comply with section 4015 of the Internal Revenue Code, each as described
herein. The DROP is meant to comply with all provisions of the Internal Revenue Code, and the
board shall take no action that would jeopardize the tax qualification of the plan.
Section 4. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict
with this Ordinance.
Section 5. If any section,sentence,clause or phrase of this Ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the
validity of the remaining portions of this Ordinance,which shall be deemed to be severable therefrom.
Section 6. This Ordinance shall become effective immediately upon adoption on second
reading.
Passed on first reading this 7th day of June , 2016.
Passed and adopted on second reading this 6th day of SpptPmhPr 12016.
ATTEST: .AZ'
Alice Burch, Mayor
Barbara A. Estep, MM
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney