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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.
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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 The City enacted a new Coral Gables Code that superseded the prior version and renumbered Chapter 50 to Chapter 46 and Section 50-230 to Section 46-253 (Ordinance No. 2017-41).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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