City of Coral Gables

File #: 18-7523    Version: Name:
Type: Ordinance Status: Adopted
File created: 6/4/2018 In control: City Commission
On agenda: 7/10/2018 Final action: 7/10/2018
Enactment date: 7/10/2018 Enactment #: 2018-25
Title: An Ordinance amending Chapter 46 of the Code of the City of Coral Gables, entitled “Pensions,” amending Section 46-253, entitled “Normal Retirement Income,” to provide the same alternative dispute resolution mechanism to resolve disputes about future Cost of Living Increases to current and former City Employees who retired, entered the DROP, or reached eligibility for normal retirement after January 1, 2013 but before the February 2015 Retirement Plan Amendment, as is provided to members of the Certified Class in the Murrhee v. City of Coral Gables case; and providing for a repealer provision, severability clause, codification, and providing for an effective date.
Attachments: 1. Signed Ordinance 2018-25, 2. cover memo - pension ordinance adding GAP - second reading, 3. Ordinance - Pension Ordinance adding GAP members - second reading, 4. cover memo - pension ordinance adding GAP - first reading, 5. Ordinance - Pension Ordinance adding GAP members - first reading1, 6. Verbatim Transcript - CCMtg Jun 12 2018 - Agenda Items K-2 and F-4 are related - Hearing regarding decision by Retirement Board to grant COLA, 7. Verbatim Transcript - CCMtg July 10 2018 - Agenda Item F-3 - Ordinance amending Chapter 46 of the code entitled Pensions
Title
An Ordinance amending Chapter 46 of the Code of the City of Coral Gables, entitled “Pensions,” amending Section 46-253, entitled “Normal Retirement Income,” to provide the same alternative dispute resolution mechanism to resolve disputes about future Cost of Living Increases to current and former City Employees who retired, entered the DROP, or reached eligibility for normal retirement after January 1, 2013 but before the February 2015 Retirement Plan Amendment, as is provided to members of the Certified Class in the Murrhee v. City of Coral Gables case; and 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.” T...

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