2014-11 ORDINANCE NO. 2014-11
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE
PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH
CHANGES CONTAINED IN THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY AND DADE COUNTY
POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD
OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; BY
AMENDING SECTION 36-22 "DEFINITIONS" TO REVISE THE
DEFINITION OF "EARNABLE COMPENSATION"; BY
AMENDING SECTION 36-24 "CONTRIBUTIONS" TO CHANGE
THE EMPLOYEE CONTRIBUTION RATE; AND BY ADDING
SECTION 36-36 "COST OF LIVING ADJUSTMENT"; PROVIDING
FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") maintains a defined benefit
pension plan for its certified police officers, which is known as the City of
Aventura Police Officers' Retirement Plan (the "Plan"), and which is codified in
Chapter 36 of the City Code; and
WHEREAS, on April 17, 2014, the City and the Dade County Police
Benevolent Association ("PBA") ratified a collective bargaining agreement
("CBA"), wherein the parties agreed that, following ratification of the CBA, the
City would adopt an ordinance amending the Plan to provide for the codification
of the changes to the Plan set forth in the CBA; and
WHEREAS, the Plan should be amended to conform with the collectively
bargained changes to the Plan as set forth in the CBA; and
WHEREAS, the City Commission finds that it is in the best interest of the
City and its employees to amend the Plan; and
Ordinance No. 2014-11
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WHEREAS, prior to Second Reading of this Ordinance, the City
Commission has received, reviewed and considered an actuarial impact
statement describing the actual impact of the amendments provided for herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA':
Section 1. That each of the above-stated recitals are hereby adopted
and confirmed.
Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan
and Trust Fund," Section 36-22, "Definitions," of the City Code of Ordinances be
amended as follows:
Sec. 36-22. - Definitions.
Earnable compensation shall mean a member's base pay for
regular hours worked as an employee, up to 300 hours per year of
overtime pay, amounts paid for administrative leave, bereavement
leave, compensatory time paid in lieu of regular wages, court time,
Garcia days for K-9 service, holiday leave taken in lieu of regular
pay, job basis leave, jury duty, light duty, paid military leave,
personal leave taken in lieu of regular pay, storm leave,
storm/hurricane pay, suspension with pay, pay for time off due to
an on the job injury, vacation leave taken in lieu of regular pay, and
workers' compensation paid by the City; and, excluding pay
received for off-duty details for third parties, whether or not the
payment is made through the City. Earnable compensation shall
not include payouts of accumulated leave taken as cash upon
separation from service. Retroactive payments shall be credited to
the calendar year in which such payments would have been
received had they been timely paid. Pursuant to F.S. § 440.21,
pension contributions shall not be deducted from a member's
workers' compensation award.
Words in strikeout type are deletions from exist text and word in underline type are additions to existing
text.
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Ordinance No. 2014-11
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* * *
Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan
and Trust Fund," Section 36-24, "Contributions," of the City Code of Ordinances
be amended as follows:
Sec. 36-24. - Contributions.
(a) The City shall pick-up, rather than deduct from each
member's pay, beginning with the day of employment, six and three
tenths percent of the member's earnable compensation. Effective
October 1, 2005, the member contribution shall increase to 6.775
percent of the member's earnable compensation. Effective October
1, 2015, the member contribution shall increase to 10.775 percent
of the member's earnable compensation. The monies so picked up
shall be deposited in the fund immediately after each pay period.
An account record shall be maintained continuously for each
member. Pick-up contributions shall continue until death, disability
or termination of service, whichever shall occur first. Contributions
shall remain in the fund unless withdrawn as provided in the plan.
No member shall have the option to choose to receive the
contributed amounts directly instead of having them paid by the
City directly into the plan. All such pick-up contributions by the City
shall be deemed and be considered as part of the member's
accumulated contributions and subject to all provisions of the plan
pertaining to accumulated contributions of members. The intent of
this provision is to comply with Section 414(h)(2) of the Internal
Revenue Code. For the purpose of accruing and calculating
pension benefits, and for all other purposes of calculating wage
related benefits and calculations, the amounts picked up under this
section shall be considered part of the earnable compensation.
* * *
Section 4. That Chapter 36 "Retirement," Article II "Police Pension Plan
and Trust Fund," Section 36-36, "Cost of living adjustment," of the City Code of
Ordinances be added as follows:
Sec. 36-36. — Cost of living adjustment. Reserved,
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Ordinance No. 2014-11
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Effective October 1, 2015, an annual cost of living increase of two
(2) percent of the benefit paid the preceding month shall be paid
each year, beginning the fifth year after a member or beneficiary
first begins receiving benefits, to each member who is in service on
or after October 1, 2015, and to each beneficiary of a member who
is in service on or after October 1, 2015, who is receiving a normal
or early service retirement benefit, a deferred vested normal or
early service retirement benefit, a survivor annuity benefit, the
remainder of a ten year certain benefit, a death benefit, or a
disability benefit.
Section 5. Repeal. All sections or parts of sections of the Code of
Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all
resolutions or parts of resolutions in conflict herewith, be and the same are
hereby repealed to the extent of such conflict.
Section 6. Severability. Should any section or provision of this
Ordinance, or any paragraph, sentence or word, be declared by a Court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof, as a whole or a part hereof, other than the part declared to
be invalid.
Section 7. Inclusion in the Code. It is the intention of the City
Commission of the City of Aventura that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Aventura
and that the sections of this Ordinance may be renumbered or relettered and the
word "ordinance" may be changed to "Chapter", "Section", "Article", or such other
appropriate word or phrase, the use of which shall accomplish the intentions
herein expressed.
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Ordinance No. 2014-11
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Section 8. Effective Date. This Ordinance shall be effective upon
passage by the City Commission on second reading.
The foregoing Ordinance was offered by Commissioner Stern, who moved
its adoption on first reading. This motion was seconded by Commissioner
Howard Weinberg and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by CI ommissioner Cohen, who
moved its adoption on second reading. This .notion was seconded by
Commissioner Holzberg, and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
PASSED on first reading this 2nd day of September, 2014.
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Ordinance No. 2014-1
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PASSED AND ADOPTED on second reading this 17th day of September,
2014.
4)/"kin, XY'
SusaA Gottlieb, Mayor
ATTEST:
4' jr)1,
'i•sa M. Sore, MMC
City Clerk
Approved as to Legal Sufficiency
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City Attorney '`,••;
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