Resolution No. 2022-41 Approving Memorandum of Understanding with Dade County PBA - June 14, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-41
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, ALLOWING CITY POLICE
OFFICERS TO PURCHASE CREDIT FOR MILITARY SERVICE PRIOR
TO EMPLOYMENT WITH THE CITY; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 36-27 of the City's Code of Ordinances provides for the ability
of a law enforcement officer ("Officer") employed by the City to buy back military service
earned while on a leave of absence to count towards pension credit for the City; and
WHEREAS, the Parties intend to expand this benefit to allow an Officer to purchase
credit for military service prior to first and initial employment with the City; and
WHEREAS, the Parties have agreed to amend the City's Police Pension Plan and
Trust Fund to permit officers to purchase service for prior military service.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. MOU Approved. That the MOU with the Dade County Police
Benevolent Association, attached hereto as Exhibit "A," allowing for police officers to
purchase credit for military service prior to first and initial employment with the City, is
hereby approved and that the City Manager is hereby authorized to take all actions
necessary to implement the purposes of this Resolution.
Section 3. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Vice Mayor Landman, and upon being put to a
vote, the vote was as follows:
Commissioner Billy Joel Yes
Commissioner Rachel S. Friedland Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 14th day of June, 2022.
City of Aventura Resolution No. 2022-41
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVA MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Xy f,-t"I A - -
CITY A TORNE
Page 2 of 2
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF A VENTURA AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION,INC.
This MEMORANDUM OF UNDERSTANDING ("MOU") is entered this day of
, 2022, between the DADE COUNTY POLICE BENEVOLENT ASSOCIATION,
INC. ("PBA")and the CITY OF AVENTURA("City"),jointly referred to as the("Parties").
WHEREAS, Section 36-27 of the City's Code of Ordinances provides for the ability of
a law enforcement officer ("officer") employed by the City to buy back military service
earned while on a leave of absence to count towards pension credit for the City; and
WHEREAS, the Parties intend to expand this benefit to allow an officer to purchase
credit for military service prior to first and initial employment with the City; and
WHEREAS, the Parties have agreed to amend the City's Police Pension Plan and Trust
Fund to permit officers to purchase service for prior military service,
NOW,THEREFORE, the Parties agree as follows:
I. The above recitals are true and correct and incorporated herein by reference.
2. The City's Code will be modified as detailed below, which sufficiently addresses
the expansion of the buyback benefit to include military service prior to first and initial
employment with the City.
Section 36-27 of the City Code will be amended to read as follows:
Sec. 36-27. — Buy-back for military service, prior law enforcement, or correctional
officer service.
(b) Any member of the Plan who is employed by the City shall be entitled to
buy-back service credits for years or fractional parts of years that the
member has served on active duty in the military, service of the United
States prior to first and initial employment with the City of Aventura
police department, with a lifetime maximum of four years of service
credits, if:
The cost of prior service credit is paid, which shall be the ull actuarial
cost of all prior service credit purchased hereunder computed as a
lump sum payment into the plan that would have occurred had the
member been employed by the City of Aventura as a police officer, for
the period of prior service credit purchased.
A nonrefundable payment is made for the costs of all professional
services (e.g. actuarial calculations) rendered to the Board and
administrative costs in connection with the purchase of years of
credited service.
The buy-back request is made only once if followed by the purchase,
and the purchase is timely paid in full before retirement or entering_
the DROP, based on a lump sum or a required installment payoff
schedule. Installment payments shall be made through a payroll
deduction in accordance with Section 414(h) of the Internal Revenue
Code. The Dayments shall be treated as tax-deferred picked-up
contributions. Contributions shall continue until death, disability or
termination of service, whichever shall occur first. If the member
cannot pay the remaining balance upon separation, they shall have
the option to receive either prorated credit for the service purchased
to date or a refund of amounts already paid to date without any
service credit. Any payoff schedule shall reguuire the execution of an
irrevocable authorization form specifying the amount of the payment
and the duration of the authorization. The specified amount shall be
determined by the plan's actuary to be sufficient to pay the entire
actuarial cost of the purchase within the specified duration of the
payment authorization, which duration shall not extend beyond the
earliest date upon which the employee would become eligible for
normal retirement under Section 36-26. The amount provided in the
payment authorization shall include interest, as calculated by the
plan's actuary, at the retirement Alan's actuarially assumed rate of
return on investments.
Such service credit is counted as continuous service for purposes of
benefit calculations, but not for purposes of vesting or eligibility for
benefits under this Retirement Plan.
Lcl(b) Any member of the plan who is employed by the City shall be entitled to
buy-back service credits for the periods of public law enforcement
employment with another employer, with a lifetime maximum of four
years of service credits, if:
Q(e) Any member of the plan who is employed by the City shall be entitled to
buy-back service credits for the periods of correctional institution
employment with another employer, with a lifetime maximum of four
years of service credits, if:
(el (d) A member who is receiving, or will receive the pension benefit for
military service, prior law enforcement or correctional institution
experience in any other pension plan supported by public funds,
excluding a military pension, may not use that service for purchased
prior service pursuant to this section for this Pension Plan; provided, a
member may make a direct transfer of eligible rollover distributions of
all or any portion of the balance in another eligible retirement plan that is
attributable to such other prior law enforcement or correctional
institution experience to purchase additional service, in accordance with
Subsection 36-27(e), and shall execute a Board-provided form
acknowledging the same.
(f) (e) The Plan fund will accept member rollover cash contributions and/or
direct cash rollovers of distributions for the purchase of service as
authorized under Section 36-27, as follows:
3. The Parties have had the opportunity to consult with legal counsel prior to
executing this MOU.
4. This MOU shall become effective upon ratification by the bargaining unit
members represented by the PBA and by the City Commission, whichever occurs later. In the
event that this MOU is not fully ratified for any reason, it shall have no force or effect upon
either party.
5. Other than as specifically set forth herein, this MOU does not modify any terms
and conditions of employment of the bargaining unit employees represented by the PBA.
6. The City's Code shall be modified so that its Plan provisions are in harmony with
this MOU.
7. This MOU represents the Parties' entire agreement concerning this subject matter,
and it cannot be amended or modified without the express written consent of the Parties.
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed by their duly aii1orized representatives as of the day and year first above written.
AGREED TO THIS_�_DAY OF '�++�J� , 2022.
For the Dade County Pol' e For the Ci of Aventura:
Benev t A o , Inc.
Steadman Stahl,President Rona d J. Wass n ity Manager
Dade County PBA