Resolution No. 2024-43 Memorandum of Understanding with Police Benevolent Association - July 2, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-43
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AVENTURA AND THE
POLICE BENEVOLENT ASSOCIATION ENABLING ALL BARGAINING
UNIT EMPLOYEES HIRED BETWEEN OCTOBER 1, 2000 AND
OCTOBER 1, 2003 TO PURCHASE SERVICE CREDIT UNDER THE
SAME OR SIMILAR TERMS AS BARGAINING UNIT EMPLOYEES
HIRED BEFORE OCTOBER 1, 2000; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Union represents a bargaining unit of the City's police officers and
sergeants ("Bargaining Unit Members"); and
WHEREAS, the members of the bargaining unit represented by the Union are
participants in the City of Aventura Police Officers' Retirement Plan (hereinafter "Plan");
and
WHEREAS, the Plan was established effective October 1 , 2003; and
WHEREAS, prior to the establishment of the Plan, Bargaining Unit Members
participated in a City-sponsored 401 a defined contribution plan ("401 a Plan"), which was
funded entirely by contributions from the City; and
WHEREAS, on or about October 7, 2003, the Parties entered into an Addendum
to their initial collective bargaining agreement covering the period October 1 , 2002 to
September 30, 2005 (the "Addendum"); and
WHEREAS, the Addendum permitted all Bargaining Unit Members hired prior to
October 1 , 2000 to receive service credit in the Plan for all of their City police service at
a three percent multiplier rate provided that they transferred all funds in their respective
401 a Plans to the Plan or at a two percent multiplier rate if any such members preferred
to retain their respective 401 a Plan balances; and
WHEREAS, the Addendum did not permit any Bargaining Unit Members hired after
October 1 , 2000 and before October 1 , 2003 to receive service credit in the Plan for their
service prior to October 1 , 2003, but enabled such members to retain the funds in their
respective 401 a Plans; and
WHEREAS, by Memorandum of Understanding dated February 26, 2018, the
Parties agreed to amend the Plan to allow Plan members hired between October 1 , 2000
and October 1 , 2003 to purchase service credit from their respective dates of hire through
September 30, 2003 at their own respective expenses, and the Plan was subsequently
City of Aventura Resolution No. 2024-43
amended to implement that agreement; and
WHEREAS, the Parties now desire to allow all Bargaining Unit employees hired
between October 1 , 2000 and October 1 , 2003— including those who exercised their right
to purchase such service credit and three additional officers who were hired during that
time but have already retired —to purchase service credit under the same or similar terms
as Bargaining Unit Employees hired before October 1 , 2000; and
WHEREAS, the City Commission believes it is in the best interest of the City to
approve the Memorandum of Understanding, attached hereto as Exhibit "A", between the
City of Aventura and the Police Benevolent Association and enact an Ordinance at a
future date reflecting the changes to the Retirement Plan as specified in the attached
Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Memorandum of Understanding Approved. That the City
Commission hereby approves the Memorandum of Understanding between the City and
the Police Benevolent Association enabling all bargaining unit employees hired between
October 1 , 2000 and October 1 , 2003 to purchase service credit under the same or similar
terms as bargaining unit employees hired before October 1 , 2000.
Section 3. Implementation. That the City Manager is hereby authorized to take
all actions necessary to implement the purpose of this Resolution.
Section 4. Effective Date. That this Resolution shall take effect immediately
upon its passage and adoption.
The foregoing Resolution was offered by Commissioner Kruss, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Michael Stern Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
Page 2 of 3
City of Aventura Resolution No. 2024-43
PASSED AND ADOPTED this 2nd day of July 2024.
•
O ARD S. WEINBERG, ESQ.
;. � MAYOR
�c
ATTEST-
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ka t LA,...- - -
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 3 of 3
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between the City of Aventura
(the "City") and the South Florida Police Benevolent Association (the "Union") (hereinafter
collectively referred to as,the "Parties").
WHEREAS, the Union represents a bargaining unit of the City's police officers and
sergeants ("Bargaining Unit Members");
WHEREAS,the members of the bargaining unit represented by the Union are participants
in the City of Aventura Police Officers' Retirement Plan (hereinafter"Plan");
WHEREAS,the Plan was established effective October 1, 2003;
WHEREAS,prior to the establishment of the Plan, Bargaining Unit Members participated
in a City-sponsored 401 a defined contribution plan ("401 a Plan"), which was funded entirely by
contributions from the City;
WHEREAS, on or about October 7, 2003, the Parties entered into an Addendum to their
initial collective bargaining agreement covering the period October 1,2002 to September 30, 2005
(the "Addendum");
WHEREAS,the Addendum permitted all Bargaining Unit Members hired prior to October
1, 2000 to receive service credit in the Plan for all of their City police service at a three percent
multiplier rate provided that they transferred all funds in their respective 401a Plans to the Plan or
at a two percent multiplier rate if any such members preferred to retain their respective 401 a Plan
balances;
WHEREAS, the Addendum did not permit any Bargaining Unit Members hired after
October 1, 2000 and before October 1, 2003 to receive service credit in the Plan for their service
prior to October 1, 2003, but enabled such members to retain the funds in their respective 401a
Plans;
WHEREAS, by Memorandum of Understanding dated February 26, 2018, the Parties
agreed to amend the Plan to allow Plan members hired between October 1, 2000 and October 1,
2003 to purchase service credit from their respective dates of hire through September 30, 2003 at
their own respective expenses, and the Plan was subsequently amended to implement that
agreement;
WHEREAS,two Bargaining Unit employees hired between October 1, 2000 and October
1, 2003 —Katina Rodriguez and Jason Fernandez— subsequently exercised their right to purchase
such service credit; and
WHEREAS,the Parties now desire to allow all Bargaining Unit employees hired between
October 1, 2000 and October 1, 2003 — including those referenced above and three additional
officers who were hired during that time but have already retired—to purchase service credit under
the same or similar terms as Bargaining Unit Employees hired before October 1, 2000.
NOW THEREFORE, the parties agree as follows:
1. By no later than September 30, 2024, the City shall adopt the ordinance amendment
attached hereto as Exhibit"A.'
2. This Memorandum of Understanding shall apply to the Plan Members listed in Exhibit`B"
hereto.
3. Each of the Plan Members who have not already retired will have the option of receiving
service credit for all of their police service: (i) at a three percent multiplier rate in
consideration for their opting to rollover their entire 401 a Plan balances to the Plan
attributable to their City service as police officers inclusive of repayment of any loans taken
from such Plans; or(ii) at a two percent multiplier rate in which case they may retain their
401 a Plan balances.
4. The two members hired between October 1, 2000 and October 1, 2003 who already
commenced purchasing service credit for their time worked prior to October 1, 2003
(Katina Rodriguez and Jason Fernandez) shall have the same option as referenced in
section 3 above; however, should either Officer wish to receive service credit at the three
percent multiplier rate, such Officer(s)must first rollover to the Plan their entire 401 a Plan
balances as of their retirement date, inclusive of any loans they took from their 401a Plan
balance.
5. The two members hired between October 1,2000 and October 1, 2003 shall be reimbursed
by the Plan for the balance between what they paid to purchase such service and their
respective 401 a Plan balances as of ratification(inclusive of any loans they took from their
401 a Plan balances).
6. The Parties agree and understand that, in order to receive service credit pursuant to this
Agreement and corresponding Plan Ordinance Amendment, each employee must sign an
individual agreement with the City which waives their respective rights related to the issues
referenced herein in the form attached hereto as Exhibit"C."
7. The parties have had the opportunity to consult with legal counsel of their choosing prior
to executing this MOU.
8. Other than as specifically set forth herein,this MOU does not modify the parties' collective
bargaining agreement.
9. The parties agree that this MOU represents the Parties' entire agreement with regards to
this subject matter, and that it cannot be amended or modified without express written
consent of the parties.
Done this 2" day of July, 2024
City of Aventura: South Florida Police Benevolent
Association
Ron Wasso , ity Manager Steadman Stahl, President
July 2, 2024 L/ 7-- Z c� Z
Date Date
CITY OF AVENTURA ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN
AND TRUST FUND", BY AMENDING SECTION 36-37 "TIME OF HIRE";
PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND 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 ("Retirement Plan"), and which is codified in Chapter 36 of the City Code
of Ordinances; and
WHEREAS, prior to the establishment of the Retirement Plan, certain police officer
members participated in a City-sponsored 401 a defined contribution plan ("401 a Plan")
which was funded entirely by contributions from the City as the employer; and
WHEREAS, on or about October 7, 2003, the City and the South Florida Police
Benevolent Association ("PBA"), on behalf of certain police officer members, entered into
an Addendum to their initial Collective Bargaining Agreement covering the period from
October 1, 2002 to September 30, 2005 (the "Addendum"); and
WHEREAS, the City and the PBA now desire to allow all police officer members
of the Retirement Plan to purchase service credit under the same or similar terms as
members hired prior to October 1, 2000; and
WHEREAS, the City and the PBA have entered into a Memorandum of
Understanding, dated July 2, 2024 ("MOU"), setting forth their agreement for certain
police officer members hired after October 1, 2000 but before October 1, 2003, to receive
credited service in the Retirement Plan; and
WHEREAS, the Board of Trustees of the City of Aventura Police Officers'
Retirement Plan has recommended an amendment to the Retirement Plan to comply with
the MOU; and
WHEREAS, the trustees of the City of Aventura Police Officers' Retirement Plan
have requested and approved the amendments provided herein as being in the best
interests of the participants and beneficiaries and improving the administration of the
Plan; and
City of Aventura Ordinance No. 2024-
WHEREAS, the City Commission has received and reviewed an actuarial impact
statement related to this change; and
WHEREAS, the City Commission deems it to be in the public interest to provide
this change to the Retirement Plan for its police officers.
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 36-37, "Time of hire", of the City Code of Ordinances be amended
as follows:
Sec. 36-37. - Time of hire.
(a) Employees hired as a City of Aventura Police Officer prior to
October 1, 2000 shall be eligible to receive credited service from
the initial date of employment as a police officer at the plan's three
percent benefit accrual rate, provided the employee transfers all
funds from the City 401(a) plan to the defined benefit plan effective
October 1, 2003. Employees hired as a City of Aventura Police
Officer prior to October 1, 2000 who elect not to transfer all funds
from the City 401(a) plan shall only receive prior credited service at
a two percent benefit accrual rate. The City shall make no further
contributions to the 401(a) plan.
Employees hired as a City of Aventura Police Officer on or after
October 1, 2000 shall receive credited service effective October 1,
2003 and shall retain all balances to their credit in the 401(a) plan;
provided, however, that the City shall make no further contributions
to the 401(a) plan. Employees hired as a City of Aventura Police
Officer on or after October 1, 2000 shall continue to accrue vesting
rights in the 401(a), but the City shall make no additional
contributions.
(c) Notwithstanding (b) above. Aany employee hired on or after
October 1, 2000 and prior to October 1, 2003, and named in the
Memorandum of Understanding between the City of Aventura and
the Police Benevolent Association, dated February 26, 2018 may
Words in s+F�at type are deletions from exist text and word in underline type are additions to existing
text.
Page 2 of 7
City of Aventura Ordinance No. 2024-
purchase credited service for service rendered to the City as a
police officer between October 1, 2000 and September 30, 2003 as
set forth below-
(1) Said election shall be made in writing no later than August
31, 2018 on a form approved by the Board of Trustees;
(2) Subject to Paragraph d. of Subsection (6) below, prior to the
employee's separation from service with the City for any
reason, the employee shall pay the full actuarial cost of the
purchase, as determined by the plan's actuary;
(3) The employee shall pay in advance any expenses related to
the actuarial calculation, as determined by the Board of
Trustees;
(4) The payment shall be made by either, or a combination, of
the following means:
a. Trustee to trustee transfer from an eligible retirement
plan or a 457 plan; and
b. Installment payments including interest at the plan's
actuarially assumed rate of investment return
pursuant to an irrevocable payroll deduction
authorization as set forth in Subsection (6) below.
(5) Any years and months of service purchased hereunder shall
be treated as credited service within the meaning of Section
36-22 of the retirement plan.
(6) Installment payments shall be subject to the following
conditions:
a. The employee must execute an irrevocable payroll
deduction authorization form, specifying the amount
of the bi-weekly deductions and the duration of the
authorization. The specified amount shall be that
determined by the plan's actuary to be sufficient to pay
the entire actuarial cost of the purchase within the
specified duration of the payroll deduction
authorization, which duration shall not extend beyond
the earlier of-
1. Three years from the date of the employee's
first paycheck after September 30, 2018; and
Page 3 of 7
City of Aventura Ordinance No. 2024-
2. The earliest date upon which the employee
would become eligible for normal retirement
under Section 36-26.
b. The deducted amounts shall be contributed to the
retirement plan and shall be considered employee
contributions that are "picked-up" (within the meaning
of Section 414(h)(2) of the Internal Revenue Code) by
the City. The employee shall not be entitled to any
option of directly receiving cash in lieu of the amounts
subject to deduction. Picked-up contributions shall be
made from the same source as the payment of salary
and wages to the employee;
C. The amount provided in the payroll deduction
authorization shall include interest, as calculated by
the plan's actuary, at the retirement plan's actuarially
assumed rate of return on investments.
d. If, upon the date of the employee's separation from
service with the City for any reason, there remains an
unpaid balance of the actuarial cost of the purchase,
then the employee shall receive years (and fractions
thereof) of service credit in accordance with the
amount of the cost paid prior to separation.
(d) Notwithstanding (b) and (c) above, any employee hired on or after
October 1, 2000 and prior to October 1, 2003, and named in the
Memorandum of Understanding between the City of Aventura and
the Police Benevolent Association, dated July 2, 2024, ("Eligible
Employee") shall receive Credited Service at a two percent (2%)
benefit accrual rate for service rendered to the City as a police
officer between October 1, 2000 and September 30, 2003.
Alternatively, such Eligible Employees may elect to purchase
Credited Service at a three percent (3%) benefit accrual rate for
service rendered to the City as a police officer between October 1,
2000 and September 30, 2003, as set forth below:
(1) Eligible Employees' election shall be made in writing no later
than July 31, 2024, on a form approved by the Board of
Trustees, and
(2) Employees electing to purchase Credited Service at the
three percent (3%) benefit accrual rate shall pay for such
service no later than September 30, 2024, by rolling over to
the Retirement Plan the entire balance in their city-sponsored
401 a Plan attributable to their service as police officers for the
Page 4 of 7
City of Aventura Ordinance No. 2024-
City of Aventura, inclusive of repayment of any loans taken
from their respective 401 a accounts. Notwithstanding, any
such Eligible Employees who had previously made payments
to the Retirement Plan for the purchase of prior Credited
Service for the period of employment as a police officer
between October 1. 2000 and September 30, 2003, pursuant
to subsection (c) hereof, and who timely elects to purchase
service at the three percent benefit accrual rate under this
subsection (d), shall only roll over the difference between the
balance in their city-sponsored 401 a Plan attributable to their
service as police officers as described herein minus the
amount already paid to the Retirement Plan for Credited
Service purchased pursuant to subsection (c) hereof.
Section 3. 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 4. 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 5. 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.
Section 6. Effective Date. This Ordinance shall be effective upon passage by
the City Commission on second reading.
Page 5 of 7
City ofAventura Ordinance No. 2024-
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on first reading. This motion was seconded by Commissioner Bloom, and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Michael Stern Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard Weinberg Yes
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Michael Stern
Vice Mayor Dr. Linda Marks
Mayor Howard Weinberg
PASSED on first reading this 2nd day of July, 2024.
PASSED AND ADOPTED on second reading this 3rd day of September, 2024.
Page 6 of 7
City of Aventura Ordinance No. 2024-
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORN EY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 7 of 7
MEMORANDUM OF UNDERSTANDING
Exhibit "B"
Eligible Plan Members
1. Harvey Arango
2. Barbara Arocha
3. Robert Feierstadt
4. Jason Fernandez
5. Chris Goranitis
6. Carolyn Gray
7. Jeannette Jones
8. John Ogden
9. Christian Peralta
10. Emilio Perez
11. Katina Rodriguez
12. Jason Williams
13. Teresa Williams
14. Michael Leoncini
15. Robert Myers
MEMORANDUM OF UNDERSTANDING
Exhibit "C"
Name:
Effective Date:
Irrevocable Election
Pursuant to the Memorandum of Understanding between the City of Aventura (the "City') and
the South Florida Police Benevolent Association (the "Union"), I hereby provide the City with
irrevocable notice of my intent to:
[ ] purchase service credit for the time I worked for the City as a police officer prior
to October 1, 2023 at a three percent(3%) multiplier and agree to forfeit my entire
401a plan balance with the City attributable to their City service as police officers
inclusive of repayment of any loans taken from such Plans in order to do so; or
[ ] obtain service credit for the time I worked for the City as a police officer prior to
October 1, 2023 at a two percent (2%) multiplier at no cost to me; or
I understand that my election is irrevocable.
Release of Claims
In consideration of my ability to obtain service credit in the Plan for the period prior to October
1, 2023, 1 hereby agree that I will not pursue, initiate, or cause to be instituted against the City of
Aventura or any of its officers, employees or agents, any dispute, claim, grievance, charge,
demand, action or cause of action relating to my City service prior to October 1, 2003. 1 hereby
knowingly, voluntarily and irrevocably release, waive and forever discharge any and all disputes,
claims,grievances, charges, demands, actions or causes of action of any kind whatsoever, known
or unknown, foreseen or unforeseen, foreseeable or unforeseeable, and any consequences
thereof, which I have or may have against the City or any of its officers, employees or agents,
related to my City service prior to October 1, 2003, including but not limited to any claim
concerning pension service credit or the cost of such credit for that period. I further represent
that I do not currently have pending before any court or any federal, state, or local agency or
other tribunal any dispute or claim of any kind against the City related to my City service prior to
October 1, 2003.This release includes all disputes, claims, grievances, charges, demands, actions
or causes of action for which I could seek equitable relief, and actual, compensatory,
consequential, liquidated, punitive, special, multiple or other damages, expenses (including
attorneys' fees and costs), and all other reimbursements or charges of any kind.
01583990-1
Signature
I have carefully reviewed the above terms and Release of Claims,and by signing below irrevocably
elect to purchase/obtain pension service credit for my City police service prior to October 1, 2003,
and release all claims I may have against the City relating to such service. I understand that after
I submit this irrevocable election I will not be able to rescind it.
Signature of Police Officer:
Date:
01583990-1