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HomeMy WebLinkAboutReso 2024-3723RESOLUTION N0.2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION NO. 2024-3698, REVISING THE EFFECTIVE DATE OF SAID RESOLUTION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 1511, 2024, the City Commission of the City of Sunny Isles Beach (the "City") adopted Resolution No. 2024-3698 which rescinded Resolution No. 2019-2909 related to Section 503:1 titled "Retirement Benefits"; and WHEREAS, the City Commission wishes to revise the effective date of Resolution No. 2024-3698 to be September 30, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Revision of Effective Date. The City Commission hereby revises the effective date of Resolution No. 2024-3698 to be September 30, 2024. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become PASSED AND ADOPTED this 19th day of CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ilJ,Fxo— I� A ain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:461 (6 ftPA;V — ©S��4 Seconded by:/�,/),f,1�(-//551eJ�/ I11,se �f Vote: Mayor Svechin ✓ (Yes) (No) Vice Mayor Lama(Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant(Yes) (No) Commissioner Viscarra ,,// (Yes) (No) @BCL@A40BCA61.docx Page 1 of 1 359 RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2019-2909 RELATED TO AN AMENDMENT TO THE CITY'S PERSONNEL MANUAL, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") Personnel Manual provides guidance on procedures, benefits, and general operation of the City; and WHEREAS, the Personnel Policy Manual is a living document that is subject to change on an as -needed basis; and WHEREAS, on January 171h, 2019, via Resolution No. 2019-2909, the City Commission approved an amendment to Section 503:1 titled "Retirement Benefits" of the City's Personnel Policy Manual; and WHEREAS, upon further consideration, the City Commission wishes to rescind Resolution No. 2019-2909, attached here to as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. All recitals set forth herein are incorporated into this resolution. Section 2. Rescindment of Resolution No. 2019-2909. The City Commission hereby rescinds Resolution No. 2019-2909, attached hereto as Exhibit "A". Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of August, 2024. Larisa SJechin, Mayor @BCL@8COBE8E9.docx Page 1 of 2 247 360 ATTEST: Mauricio'Bebricur,ICMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: * 14 .9d"00 Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney i Moved . /._/✓ . Seconded/ .y:1rL[ / .L L fir► Vote: Mayor Svechin Vice Mayor Lama(&Sw� Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra @BCL@8C0BE8E9.docx Yes) (No) _(Yes) (No) _ (No) 70es) �(�'es) (No) (Yes) (No) Page 2 of 2 248 361 RESOLUTION NO. 2019 - jqpq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AMENDMENT TO SECTION 503:1 TITLED "RETIREMENT BENEFITS" OF THE CITY'S PERSONNEL POLICY MANUAL, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach Personnel Manual provides guidance on procedures, benefits, and general operation of the City; and WHEREAS, the Personnel Policy Manual is a living document that is subject to change on an as -needed basis; and WHEREAS, the City Commission now desires to amend Section 503:1 titled "Retirement Benefits" of the City's Personnel Policy Manual, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. All recitals set forth herein are incorporated into this resolution. Section 2. Approval of the Personnel Policy Manual. The City Commission hereby approves the updated policy of the Personnel Policy Manual, attached hereto as Exhibit "'A". Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will be become effective upon signature of the Mayor. PASSED AND ADOPTED this ly'{day 4January 2019. George lyScholl, Mayor 01 Mauricio Betanbur, CMC, City Clerk Date 249 362 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottino , y Attorney Vote: Mayor Scholl – o"C' Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra Moved by: G*M(S440002- 6OL&O" Seconded by: Comm, cAio\wa- VISCgtt,4' (Yes) (No) J (Yes) (No) (Yes) (No) (Yes) —(No) 250 363 *,,,WY C r/ O• Iu" City of Sunny Isles Beach Personnel Policy and Procedure Policy Name RETIREMENT BENEFITS Policy Number 503:1 Effective Date 1011104 Revision Date(s) 1/18/18 Prepared By, Title Furnan Resources Director Approved By, Title I City Manager POLICY: It is the policy of the City to provide eligible employees with retirement benefits. RETIREMENT PLANS: The City of Sunny Isles Beach is a Florida Retirement System (FRS) agency and as of November 1, 2002, all new hires were required to be enrolled. Employees hired prior to this date were required to make an election to either stay with the then City retirement plan (a 401A defined contribution plan) or elect to join the FRS. Pursuant to state law and FRS rules, eligible employees are those employees who are appointed into a regular full-time or part-time City position no matter how many hours scheduled to work. Temporary and intermittent employees are not eligible. Eligible employees and the City will make retirement contributions pursuant to current FRS rules and contribution rates, approved by the State of Florida. The City requires advance notice of an employee's intent to retire or enter the Deferred Retirement Option Program (DROP). It is the desire of the City to receive at least a three (3) month advance notice and, preferably, not less than three (3) months prior to the end of the fiscal year. PROCEDURE: 1) Florida Retirement System (FRS) a) Upon appointment as a City employee in a regular City position, the employee will be enrolled into the FRS effective the date of the regular CODING: Words striGken are deletions, words underlined are additions. 503-1 Retirement Benefits - DRAFT 01172018sem Page 1 of 6 251 364 appointment. The employee has the option to elect the FRS investment Plan or the Pension Plan and must inform the Division of Retirement directly within the allotted time. Employees who do not make an active election to participate in either the Investment Plan_ or the Pension Plan within the allotted time will default into the Investment Plan, with the exception of employees in the Special Risk Class position, who will continue to default to the Pension Plan. b) Management employee's appointed into a designated FRS Senior Management position will be provided those elections pursuant to FRS rules. If the position has not been designated as a FRS Senior Management position, the Human Resources Director will follow FRS procedures to do so (senior management positions not already designated as FRS Senior Management positions may have the opportunity to select FRS or to select the City's 401A management plan provided the current FRS rules provide for such election). c) Vesting schedules vary per plan and are determined by Florida Statutes. d) All information regarding individual employee FRS accounts are administered by FRS and can be attained by individual employees by either going on-line or accessing individual FRS account information or by contacting FRS directly. The Human Resources Department has information regarding FRS contact numbers and on-line internet addresses. 2) ICMA 401A Plan a) Employees who were given a choice to remain in the City's defined contribution 401A retirement plan as of November 1, 2002, and chose to do so, continue to make contributions to the plan pursuant to current plan requirements, as does the City. b) Current contribution rates are as follows: the City contributes 11% of employee's base salary per pay, period; non -management employees contribute 4%; management employees contribute 6%. c) The City reserves the right to change contribution rates as may be necessary. d) The Human Resources Department generally administers the City's 401A plan which is offered through ICMA. All plan information can be obtained either through the Human Resources Department or by contacting the ICMA directly. Employee account information can be accessed by the employee CODING: Words stieken are deletions, words underlined are additions. 503-1 Retirement Benefits - DRAFT 01172018sem Page 2 of 6 252 365 either on-line or via telephone. The Human Resources Department has information regarding FRS contact numbers and on-line internet addresses. 3) Voluntary ICMA 457 Deferred Compensation Plan The City offers a voluntary Section 457 tax deferred retirement savings program through the ICMA. This plan is available to eligible employees who wish to supplement future retirement income. The plan allows employees to put aside a portion of their earnings, up to the current federal limit, each pay period into an account for their retirement and reduce the amount of earnings that is currently taxable. The Human Resources Department administers this program through the ICMA. 4) Voluntary ICMA Roth IRA Plan The City offers a voluntary Roth -IRA plan. This plan is available to eligible employees who wish to supplement future retirement income. The plan allows employees to put aside a portion of their earnings, up to the current federal limit, each pay period into an account for their retirement. The Human Resources Department administers this program through the ICMA. RETIREE HEALTH INSURANCE: 1) Eligibility: a. Eligible full-time employees of the City that are participants in the City's Health Insurance plans (the Plan) at the time of their retirement shall be afforded the option of continuing to participate in the Plan(s) as a Retiree. A "Retiree" is defined as an employee who voluntarily withdraws from one's position and qualifies as a retiree under Section 112.0801(2), Florida Statutes, The Retiree and any eligible dependent(s) may continue participation under the Plan(s) effective the first day of the subsequent month following the employee's separation of service. Retirees can elect to continue coverage only for dependents that are enrolled in the Plan(s) or elect to remove the dependents. b. In addition to the eligibility provisions stated above, the City's Charter Officers (as designated by the City of Sunny Isles Beach Municipal Charter) may be eligible for retiree health insurance if they meet all of the following criteria: CODING: Words stricken are deletions, words underlined are additions. 503-1 Retirement Benefits -DRAFT 01172018sem Page 3 of 6 253 366 i. Voluntary separation of service (cannot be in lieu of termination or while under investigation) ii. Must have a minimum of fifteen (15) years of service with .the City and be in a charter officer position upon separation All other terms and conditions set forth herein remain in full force and effect. c. The benefits continued under retiree coverage include the same health, prescription, vision and dental coverage that the employee received as an active participant in the Plan. 2) Procedure: a. Upon retirement, the Human Resources Department will notify the employee of the option to continue the health benefits. Employees wishing to continue coverage as a Retiree must elect the coverage within 60 days. The City utilizes a third party administrator for election notifications and payment administration. Coverage through the active group terminates the end of the month in which the employee retires, providing premiums are paid in full. Coverage as a Retiree begins the first of the month following retirement, providing payment is received. The option to enroll in the City's health insurance plan upon retirement is a one-time option, which must be exercised on or before the last day of employment with the City. b. The Retiree must pay a monthly Retiree contribution rate applicable to the covered class (i.e., employee, employee plus spouse, employee plus children, or family) elected for continuation. The retiree contribution rate is established at 100% of the determined costs for the class of coverage elected, and is assessed annually for rate adjustments each March 1. The City will not pay the costs, or a.portion thereof, of any such continuation coverage for its Retirees and eligible dependents. c. Once the City's health plan coverage for employees and their dependents with Medicare changes to Retiree coverage, the Medicare coverage will generally become primary and the City's health pian coverage will become secondary to the Medicare coverage. d. Retiree health insurance payments are due on the first day of each month of continuation coverage. A grace period of 30 days after the first day of the month will be given to make each monthly payment: Continuation coverage will be provided for each month as long as CODING: Words striGken are deletions, words underlined are additions. 503-1 Retirement Benefits -DRAFT 01172018sem Page 4 of 6 254 367 payment for that month is made before the end of the grace period for that payment, If the Retiree fails to make a monthly payment before the end of the grace period ifor that month, they will lose all rights to continuation coverage under the Plan and the benefits will be terminated. e. If Retiree health insurance coverage is terminated, it cannot be reinstated and COBRA continuation coverage will not be available. Retirees may cancel health, dental and/or vision coverage during the year, however, they may not rejoin the plan at a later date once coverage is cancelled. The change will become effective the end of the month the request is received. If cancellation, is due to other insurance coverage, the cancellation will be done to coincide with the effective date of the new coverage providing proof of other insurance is provided, the request is timely and claims have; not been incurred under the plan you are cancelling. Dependent coverage ceases upon cancellation of Retiree coverage. At that time, dependents will be offered continuation coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). g. Dependents may be added mid -year or outside of the annual benefits open enrollment period if there is a "Qualifying Life Event". Qualifying Life Events are defined by the Internal Revenue Service (IRS) and include: i. Change in Retiree's- legal status including marriage, divorce, and death of spouse/domestic partner. ii. Change in the number of dependents the Retiree has for federal income tax purposes due to events such as birth, adoption, placement for adoption or death. iii. The termination or commencement of employment of the Retiree's spouse/domestic partner or other enrolled dependent. iv. An event that causes the Retiree's dependent child to satisfy or cease to satisfy the requirements for coverage due to attainment of age. v. A court order or judgment, decree or change in legal custody including a qualified health child support order. CODING: Words stdrken are deletions, words underlined are additions. 503-1 Retirement Benefits - DRAFT 01172018sem Page 5 of 6 255 368 vi. Entitlement to or loss of Medicare eligibility for Retiree and/or dependents. - vii., Entitlenient to or loss -of Medicaid/Children's Health' Insurance Program (CHIP) eligibility (60 days.allowed to. exercise this HIPAA Special Enrollment Rights). viii. Differences in the open enrollment periods between the City and another employer affecting the Retiree's spouse or dependent. h. Requests to add a new dependent must be received by the Human Resources Department within 30 days of the event (60 days for newborns/adoptions/ placement for adoption/entitlement to or loss of Medicaid/CHIP). If the supporting documentation (example marriage certificate, birth certificate etc.) is not readily available, the Retiree must provide it as soon as it becomes available. The types of documentation required to support the change in status will be determined by Human Resources and communicated to the Retiree upon request for enrollment. Once approved, the change will become effective the first day of the month following receipt of the request, providing supporting documentation is. provided. Dependent children ages 26 - 30 are eligible for group health coverage. Chapter 627.6562 of the Florida Statutes, stipulates that the child must be unmarried without any dependents, a resident of the State of Florida or a full-time or part-time student and is not provided coverage or is not a covered person under °any other group health insurance policy or individual health benefits plan, or is not entitled to benefits under Title XVIII of the Social SecuritVAct. Retirees enrolling a new dependent child age 26+ must provide supporting documentation that the child was continuously covered by other creditable coverage without a gap in coverage of more than 63 days. 3) Employees covered under a Collective Bargaining Agreement should refer to the Collective Bargaining Agreement for additional benefits, procedures and information relating to this policy. CODING: Words std ker► are deletions, words underlined are additions. 503-1 Retirement Benefits - DRAFT 01172018sem Page 6 of 6 256 369 e�SVNNYIt�Ff1 u � x N'C tt e[ IUN ,•fie♦ City of Sunny Isles Beach . Personnel Policy and Procedure Policy Name RETIREMENT BENEFITS Policy Number 503:1 Effective Date 1011/04 Revision Date(s) :171.7/19; .8t1;S124 Prepared By, Title Human Resources Director Approved By, Title City Manager POLICY: It is the policy of the City to provide eligible employees with retirement benefits. RETIREMENT PLANS: I The City of Sunny. Isles Beach is a Florida Retirement System (FRS) agency and as of November 1, 2002, all new hires were required to be enrolled. Employees hired prior to this date were required to make an election to either stay with the then City retirement plan (a 401A defined contribution plan) or elect to join the FRS. Pursuant to state law and FRS rules, eligible employees are those employees who are appointed into a regular full-time or part-time City position no matter how many hours scheduled to work. Temporary and intermittent employees are not eligible. Eligible employees and the City will mak6 retirement contributions pursuant to current FRS rules and contribution rates, approved by the State of Florida. The City requires advance notice of an employee's intent to retire or enter the Deferred Retirement Option Program (DROP). It is the desire of the City to receive at least a three (3) month advance notice and, preferably, not less than three (3) months prior to the end of the fiscal year. PROCEDURE: 1) Florida Retirement System (FRS) a) Upon appointment as a City employee in a regular City position, the employee will be enrolled into the FRS effective the date of the regular CODING: Words staiskes are deletions, words underlined are additions. @BCL@640BD67B.docx Page 1 of 7 225 370 either on-line or via telephone. The Human Resources Department has information regarding FRS contact numbers and on-line internet addresses. 3) Voluntary ICMA 457 Deferred Compensation Plan The City offers a voluntary Section 457 tax deferred retirement savings program through the ICMA. This plan is available to eligible employees who wish to supplement future retirement income. The plan allows employees to put aside a portion of their earnings, up to the current federal limit, each pay period into an account for their retirement and reduce the amount of earnings that is currently taxable. The Human Resources Department administers this program through the ICMA. 4) Voluntary ICMA Roth IRA Plan The City offers a voluntary Roth IRA. plan. This plan is available to eligible employees who wish to supplement future retirement income. The plan allows employees to put aside a portion of their earnings, up to the current federal limit, each pay period into an account for their retirement. The Human Resources Department administers this program through the ICMA. RETIREE HEALTH INSURANCE: 1) Eligibility: a. Eligible full-time employees of the City that are participants in the City's Health Insurance plans (the Plan) at the time of their retirement shall be afforded the option of continuing to participate in the . Plan(s) as a Retiree. A "Retiree" is defined as an employee who voluntarily withdraws from one's position and qualifies as a retiree under Section 112.0801 (2), Florida Statutes. The Retiree and any eligible dependent(s) may continue participation under the Plan(s) effective the first day of the subsequent month following the employee's separation of service. Retirees can elect to continue coverage only for dependents that are enrolled in the Plan(s) or elect to remove the dependents. CODING: Words stricken are deletions, words underlined are additions. @BCL@640BD67B.docx Page 3 of 7 227 371 payment for that month is made before the end of the grace period for that payment. If the Retiree fails to make a monthly payment before the end of the grace period for that month, they will lose all rights to continuation coverage under the Plan and the benefits will be terminated. e. If Retiree health insurance coverage is terminated, it cannot be reinstated and COBRA continuation coverage will not be available. Retirees may cancel health, dental and/or vision coverage during the year, however, they may not rejoin the plan at a later date once coverage is cancelled. The change will become effective the end of the month the request is received. If cancellation is due to other insurance coverage, the cancellation will be done to coincide with the effective date of the new coverage providing proof of other insurance is provided, the request is timely .and claims have not been incurred under the plan you are cancelling. Dependent coverage ceases upon cancellation of Retiree coverage. At that time, dependents will be offered continuation coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). g. Dependents may be added mid -year or outside of the annual benefits open enrollment period if there is a "Qualifying Life Event'. Qualifying Life Events are defined by the Internal Revenue Service (IRS) and include: i. Change in Retiree's legal status including marriage, divorce, and death of spouse/domestic partner. ii. Change in the number of dependents the Retiree has for federal income tax purposes due to events such as birth, adoption, placement for adoption or death. iii. The termination or commencement of employment of the Retiree's spouse/domestic partner or other enrolled dependent. iv. An event that causes the Retiree's dependent,child to satisfy or cease to satisfy the requirements for coverage due to attainment of age. v. A court order or judgment, decree or change in legal custody including a qualified health child support order. CODING: Words striekee are deletions, words underlined are additions. @BCL@640BD67B.docx Page 5 of 7 229 372 CODING: Words s#fisken are deletions, words underlined are additions. @BCL@640BD67B.docx Page 7of7 231 373 'aol4y `;� City of Sunny Isles Beach 18070 Collins Avenue ai . .......:...Ili Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Stan Morris, City Manager DATE: September 19, 2024 RE: Amendment to Resolution No. 2024-3698, Revising Effective Date RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: On August 15, 2024, the City Commission adopted Resolution No. 2024-3698, which rescinded a previous resolution related to Retiree Benefits. Approval of this item would revise the effective date of Resolution No. 2024-3698 to be September 30, 2024. ATTACHMENTS: Resolution Resolution No. 2024-3698 Item Number: 10.V 358