Pension Plan Reforms
Timeline of Events
General Employee (GE) Pension Plan Reforms and City of North Miami Beach vs. General Employee Retirement Committee civil suit:
- September 11, 2013 - Ordinance 2013-15 (PDF) adopted
- Changing pension plan benefits affecting all AFSCME participants and any unrepresented participants;
- Removing 66-2/3% Approval of Participants provision Section 1.05(a)(1) on plan amendments;
- Changing second condition for plan amendments: "Report and Recommendation from City Manager and the actuary and/or any other pension board or consultant shall be required may be considered before the Plan may be amended by the City Council."
- October 8, 2013 - GE Retirement Board votes to not implement/administer Ordinance 2013-15 until 66-2/3% of participants vote in favor, or a court decides otherwise.
- November 7, 2013 - Civil suit filed by City against GE Retirement Board (Case 13-2013-CA-034654-0000-01)
- December 3, 2013 - Ordinance 2013-19 (PDF) adopted: Changing pension plan benefits affecting only IUPA participants (10 Police PCOs).
- January 6, 2014 - GE Retirement Board votes to not implement/administer Ordinance 2013-19 until 66-2/3% of participants vote in favor, or a court decides otherwise.
- March 18, 2014 - 11th Circuit Court Judge Cardonne Ely ruled in favor of City of NMB; City had the right to pass Ordinance 2013-15 and directs GE Retirement Board to abide by said Ordinance. Transcript (PDF) of Summary Judgement Hearing.
- March 26, 2014 - Final Summary Judgment (PDF) issued.
- April 2, 2014 - Special GE Retirement Board Meeting and Shade Meeting.
- Board decides to appeal decision regarding Ordinance 2013-15, however, will administer/implement the plan as per Ordinance 2013-15 (retroactive to the effective date).
- Board will implement/administer Ordinance 2013-19 (retroactive to effective date) until such time as we receive an appellate decision on Ordinance 2013-15, and directing actuary, until further notice, to prepare 10/01/2013 Valuation Report according to Ordinances 2013-15 and 2013-19.
- June 30, 2014 - Case No. 3D14-887 filed in 3rd District Court of Appeal
- December 3, 2014 - Opinion filed by 3rd District Court of Appeal (PDF), affirming trial court's final summary judgement. Opinion currently not final, pending clarification.
- December 9, 2014 - GE Retirement Board votes 4-0 to not pursue a rehearing in Appellate Court.
Documents From the Civil Suit
- Pension Attorney Opinion Letter re: Bankruptcy (PDF) by Robert Sugarman, Sugarman and Susskind PA, - October 28, 2009
- Opinion Letter re: City Pension Matters (PDF) by James W. Linn of Lewis, Longman and Walker PA, - June 28, 2010
- Ordinance 2010-15 and Ordinance 2010-17 (1st reading) (PDF) on Council Agenda - July 6, 2010
- Ordinance 2010-15 and Ordinance 2010-17 (2nd reading) (PDF) Minutes of July 20, 2010 CC Meeting, Ordinances tabled
- Opinion Letter from Professor Bruce Rogow (PDF) regarding proposed Ordinances 2010-15 and 2010-17 and the June 28, 2010 Opinion Letter related to "Plan Amendment Issues", - August 5, 2010
- Rebuttal Opinion Letter (PDF) by James W. Linn of Lewis, Longman and Walker PA, - August 13, 2010
- Ordinance 2010-20 (1st reading) (PDF) on Council Agenda, - August 17, 2010
- Ordinance 2010-15 and Ordinance 2010-17 (2nd reading), Ordinance 2010-20 (1st reading) (PDF) Minutes of August 17, 2010 CC Meeting, Ordinances tabled
- Defined Benefit vs. Defined Contribution Debate (PDF) Prepared by Robert D. Klausner, Esc., - January 3, 2011
- Cost of Closing Defined Benefit Plans (PDF) Prepared by Robert D. Klausner, Esc., - July 19, 2011
- Plan Redesign Options (PDF) Prepared by GRS, - October 26, 2012
- Plan Reform 30 Year Projection Study (PDF) Prepared by GRS, - January 9, 2013
- Plan Reform 30 Year Projection Study (PDF) Prepared by GRS, revised January 29, 2013
- Ordinance 2013-15 (1st reading) (PDF) on Council Agenda, - August 20, 2013
- Proposed Pension Reforms - How will it affect you? (PDF) FAQs prepared by GE Pension Board for participants, - August 27, 2013
- Actuarial Impact Statement for Ordinance 2013-15 (PDF) prepared by GRS, - August 30, 2013
- Plan Membership Ballot Results (PDF) - September 11, 2013
- Ordinance 2013-15 (2nd reading) (PDF) on Council Agenda, - September 11, 2013
- Ordinance 2013-15 (PDF) Plan Amendments affecting AFSCME and non-bargaining, as signed on - September 11, 2013
- Opinion Letter re: City Council's Changes to Pension Code (PDF) by Robert Sugarman, Sugarman and Susskind PA, - October 8, 2013
- Rebuttal Opinion Letter (PDF) by James W. Linn of Lewis, Longman and Walker PA, - August 7, 2013
- Ordinance 2013-19 (PDF) Plan Amendments affecting IUPA participants, as signed on December 3, 2013
- Final Summary Judgement (PDF) by 11th Circuit Court Judge Gisela Cordonne Ely, - March 26, 2014
- Notice of Filing Transcript of Motion for Summary Judgement Hearing (PDF) transcript of March 18, 2014 Summary Judgement Hearing
- Third District Court of Appeal, GE Retirement Committee vs City of NMB (PDF) Opinion filed December 3, 2014