O-729-16 ORDINANCE NO. 729-16
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER
18,ARTICLE IV POLICE OFFICERS' RETIREMENT SYSTEM, 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 IV of the Code of
Ordinances as recommended;
NOW,THEREFORE, BE IT ORDAINED BY THE Miami Shores Village Council that:
Section 1. Sec. 18-85 Service retirement(b)(1) is hereby amended to read as follows:
Sec. 18-85 Service retirement.
(b) Early retirement.
(1) Early retirement date. Any member may retire on or after his early retirement date,
which shall be the first day of the month coincident with or next following the
attainment of age 50 and the completion of at least 10 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.
Section 2. Sec. 18-97 Maximum pension (a)Basic limitation is hereby amended to read as follows:
(a) Basic limitation. Subject to the adjustments hereinafter set forth, the maximum amount of
annual retirement income payable with respect to a member under this plan shall not
exceed$160,000.00.
For purposes of this subsection, 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 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
of 1986, or applicable regulations thereunder,to be taken into account for purposes
of the income limitations of section 415(b)(1) IRC.
For purposes of applying the limitation of Section 415(b) of the Code, effective with respect
to limitation years beginning on or after July 1, 2007, the applicable provisions of the
Treasury regulations provided in sections 1.415(a)-1, 1.415(b)-1, 1.415(c)-1, and 2. 1.415(d)-
1, 1.415(f)-1, 1.415(g)-1,and 1.415(i)-1 are incorporated herein by reference.
Section 3. 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 4. 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 5. 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 September ,2016.
ATTEST: A6M
A ice Burch, Mayor
Barbara A. Estep, MM
Village Clerk
APPROVED AS TO FORM:
i
Richard Sarafan
Village Attorney