City of Coral Gables

File #: 18-7153    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 3/8/2018 In control: City Commission
On agenda: 4/10/2018 Final action: 4/10/2018
Enactment date: 4/10/2018 Enactment #: 2018-11
Title: An Ordinance of the City Commission of the City of Coral Gables, Florida, amending Chapter 46 of the "Code of the City of Coral Gables," entitled “Pensions;” amending Section 46-253, entitled “Normal Retirement Income;” providing for a repealer provision, severability clause, codification, and providing for an effective date.
Attachments: 1. Signed Ordinance 2018-11, 2. Cover Memo - COLA Altnernative Dispute Res 2nd reading, 3. Ordinance - COLA Alternative Dispute Res - 2nd reading, 4. Ex. 1 - Settlement Agreement - COLA, 5. Ex. 2 - Final Judgment - COLA, 6. Cover Memo - COLA Altnernative Dispute Res 1st reading, 7. Ordinance - COLA Alternative Dispute Res - 1st reading, 8. Ex. 1 - Settlement Agreement - COLA, 9. Ex. 2 - Final Judgment - COLA
Title
An Ordinance of the City Commission of the City of Coral Gables, Florida, amending Chapter 46 of the "Code of the City of Coral Gables," entitled “Pensions;” amending Section 46-253, entitled “Normal Retirement Income;” providing for a repealer provision, severability clause, codification, and providing for an effective date.
Body
In 2013 two retired City employees filed a putative class action against the City styled as Murrhee v. City of Coral Gables, Case No. 13-20731 CA (13) (Fla. 11th Cir. Ct.) where plaintiffs, on behalf of themselves and all others similarly situated, sought a 2013 and 2014 cost-of-living adjustment (“COLA”) to their retirement benefits, and clarification about what conditions will trigger a COLA in the future. The City disputed plaintiffs’ claims and denied and continues to deny liability, but decided to settle the litigation without admitting any wrongdoing and executed a Class Action Settlement Agreement dated September 18, 2017.
In accordance with the Settlement Agreement, the Court certified a class of “[a]ll persons who have been in receipt of benefits from the Coral Gables Retirement System, pursuant to Chapter 50, Article II, Coral Gables Code, for a full year preceding January 1, 2014, or their Designated Beneficiaries,” which means “any individual or estate that will receive benefits from the Coral Gables Retirement System, pursuant to Section 50-235, Coral Gables Code, upon the death of a plan participant that has been in receipt of benefits from the Coral Gables Retirement System, pursuant to Chapter 50, Article II, Coral Gables Code, for a full year preceding January 1, 2014.” The City enacted a new Coral Gables Code that superseded the prior version and renumbered Chapter 50 to Chapter 46 and Section 50-230 to Section 46-253 (Ordinance No. 2017-41).
The Court entered a Final Judgment dated February 26, 2018, which granted final approval of the Settlement Agreement, determined that 792 individuals or estates of decea...

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