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Filing # 65879149 E-Filed 12/28/2017 12:33:38 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
EVELYN FERNANDEZ,
CASE NO. 17-8126 CA 09
Plaintiff,
vy.
MIAMI-DADE COUNTY,
Defendant.
/
SECOND AMENDED COMPLAINT FOR RESCISSION OF CONTRACT OR, IN THE
ALTERNATIVE, FOR BREACH OF CONTRACT AND DAMAGES
Plaintiff, EVELYN FERNANDEZ (hereinafter “FERNANDEZ’), by and through her
undersigned counsel sues Defendant, MIAMI-DADE COUNTY, and in support thereof states
as follows:
JURISDICTION AND PARTIES
1. This is an action for rescission of a contract against MIAMI-DADE COUNTY,
or in the alternative, for breach of contract and damages.
2. Jurisdiction is vested in this Court pursuant to Article V, Section 5 of the
Constitution of the State of Florida.
3. The amount in controversy exceeds $15,000.00 exclusive of costs, interest, and
attorney's fees.
4, Plaintiff, EVELYN FERNANDEZ, was employed by the Defendant, MIAMI-
DADE COUNTY, FLORIDA, as a Police Lieutenant at all times material to this complaint.
5. Atall times material hereto, Defendant, MIAMI-DADE COUNTY, FLORIDA, was
and is a political subdivision organized and existing under the laws of Florida with its situs
in MIAMI-DADE COUNTY, FLORIDA.FACTUAL ALLEGATIONS
6. During her employment, Plaintiff was promoted from Police Officer to Police
Sergeant and then to Police Lieutenant, which position she held at the time of the facts giving
rise to this Complaint.
7. Plaintiff, EVELYN FERNANDEZ, was diagnosed with colorectal cancer in 2013.
Subsequently, the disease had advanced to stage 4 colorectal cancer with metastasis to a
lung. As a result, she underwent a resection of one lung and then commenced “adjuvant
chemotherapy.” Please see letter dated August 16, 2016 from her treating oncologist, Dr. De
Zarraga, attached hereto as Exhibit “A”.
8. Due to Plaintiffs medical condition and other personal matters, Plaintiff was
desirous of retiring from her employment with Defendant MIAMI-DADE COUNTY. Asa result,
the Plaintiff and Defendant entered into an express written contract entitled “Memorandum
of Understanding” on or about December 13, 2016. A copy of the contract is attached hereto
as Exhibit “B“ and incorporated by reference.
9. The parties selected the effective date of her retirement as February 28, 2017
based on information provided by the Florida Retirement System indicating that Plaintiff would
have 25 years of Special Risk Service and be eligible for normal retirement. But for Plaintiff
reaching 25 years of Special Risk Service and being eligible for normal retirement, she would
not have entered into this agreement because there are certain benefits, from both the
Defendant and the State of Florida, that are only available to “retired” employees.
10. One of the benefits Plaintiff would have received had she retired with 25 years
of Special Risk Service include access to MIAMI-DADE COUNTY’s group health insurance
for the duration of her retirement, which is imperative given her medical diagnosis, as well as
2supplemental insurance payments from both the State of Florida Retirement System and
MIAMI-DADE COUNTY via the Collective Bargaining Agreement with the Dade County Police
Benevolent Association. in addition, she would have been eligible to participate in the
retiree’s life insurance.
41. Defendant's employees participate in the Florida Retirement System. On the
Defendant's website, the Human Resources Department explains eligibility for normal
retirement for members of the Special Risk Class as meeting one of three different criteria
depending upon age, years of service and/or military service. This is based upon criteria set
forth in the Florida Statutes governing the Florida Retirement System. See Exhibit C
attached.
12. Defendant's Police Department, of which Plaintiff was a member, has Standard
Operating Procedures (SOP’s) governing the process by which employees retire. As set forth
in Chapter 11 Part 10 of those SOP’s: “As a result of departmental service, employees are
entitled to certain accrued benefits upon retirement.” This SOP further advises that upon an
individual notifying of an impending retirement date, the Department's Personnel
Management Bureau is responsible for ensuring the retirement process is followed and the
individual eligible to retire on the impending retirement date. See Exhibit D attached.
13. Defendant's Human Resources Department further explains on the website that
upon retirement, employees can continue health insurance coverage under Defendant's pian.
See Exhibit £ attached.
14. | Defendant's have established a Standard Operating Procedure explaining the
manner in which employees who retire can continue coverage in its group health insurance.
The SOP states in pertinent part: “The County allows employees who retire from the County
3service io continue participation in our group insurance programs through the retiree group.
In order to meet the criteria as a retiree, one has to be able to collect a pension from the FRS.
See Exhibit F attached
15. The Memorandum of Understanding also provided that numerous Internal
Affairs investigations, which were open and pending at the time the parties entered into the
contract, for which Defendant was intent on issuing discipline were to be resolved without
disciplinary action prior to her retirement. Disciplinary action can only be taken while an
employed is employed which is why the investigations were to be resolved or concluded prior
to Plaintiff's “retirement.” See Exhibit B attached.
46. inaccordance with the Memorandum of Understanding, on December 16, 2016
Lieutenant Fernandez submitted her letter requesting to “retire” effective February 28, 2017.
See Plaintiffs letter of retirement attached to and incorporated into the Memorandum of
Understanding, Exhibit B attached.
17. Subsequently, it was discovered that the information relied on from the Florida
Retirement System was incorrect and as of February 28, 2017, Plaintiff had total service credit
of over 25 years, but her Special Risk Service was only 24.08 years. Therefore, Plaintiff did
not qualify for the retirement benefits described above, nor any other benefits restricted to
retired employees.
18. Plaintiff applied for Retiree Group Health Insurance, but given the incorrect
information regarding her eligibility and not having 25 years of Special Risk Class service, she
did not meet the criteria. She was also considered for an exception due to her medical
condition, and was denied. The denial is set forth in a memorandum dated March 8, 2017 .
See Exhibit G attached.419. Moreover, the pending investigations and disciplinary matters were not resolved
and closed prior to the effective date of her attempted “retirement” from the Department.
20. In fact, Plaintiff has been contacted in regard to several open and pending
investigations and requested to render statements in connection with the open and pending
investigations. Specifically, Plaintiff was sent letters dated March 2, 8,9, and 24, 2017, which
indicate there are open investigations subsequent fo the signing of the agreement. See
Composite Exhibit H attached.
21. But for the resolution and closing of these investigations, Plaintiff would not
have retired from her employment with the Defendant because doing so results in negative
information being conveyed to the Florida Department of Law Enforcement regarding her law
enforcement certification and separation from employment.
22. Specifically, ifa sworm law enforcement officer separates from an agency while
an investigation is open and pending, this information is conveyed to the Florida Department
of Law Enforcement instead of indicating that the employee has resigned or retired in good
standing.
23. Prior to filing this complaint, Plaintiff has exhausted any and administrative
remedies or doing so would be futile.
24. Defendant has waived sovereign immunity by entering into an express written
contract attached here as Exhibit “B” and incorporated by reference.
COUNT | - RESCISSION
25. Plaintiff, FERNANDEZ, readopts and realleges the allegations in paragraphs
41 through 24, as if set forth fully herein.
26. Plaintiff and Defendant entered into a contract entitled Memorandum ofUnderstanding. (Exhibit B)
27. The contract provided that Plaintiff would retire, thereby obtaining her retirement
benefits, including the Defendant's group retiree health insurance and supplemental payments
for her health insurance as well as participate in Defendant's life insurance for retirees. A
mutual mistake occurred as a result of the Florida Retirement System's false representation
that Plaintiff was eligible for Special Risk Service retirement on February 28, 2017, the date
agreed to in the express writien contract.
28. Plaintiff justifiably relied to her detriment on the false representation when she
entered into the contract and submitted her letter of retirement as part of the contract.
Moreover, Defendant has materially breached the contract by not resolving the open
investigations without disciplinary action prior to her attempted retirement. Plaintiff relied to
her detriment on this representation that the investigations would be resolved without any
disciplinary action prior to her request to retire.
29. Had Plaintiff known she was not eligible for retirement and the corresponding
benefits and/or that Defendant would not resolve the open investigations without disciplinary
actions prior to her retirement, she would not have entered into the contract titled
Memorandum of Understanding. Alternatively, the correct date upon which she would be
eligible for retirement would have been utilized in the agreement.
30. ‘Plaintiff has no adequate legal remedy at law save and except for rescission
of the contract.
31. Plaintiff has advised Defendant, prior to filing this action, that she is rescinding
the contract.
32. Plaintiff is willing to restore any benefits conferred on her as a result of the
6contract.
WHEREFORE, Plaintiff requests that contract titled Memorandum of Understanding
be rescinded and that she be restored to the position she was in prior to entering into the
contract with Defendant.
COUNT Hl - BREACH OF CONTRACT AND DAMAGES
33. Plaintiff, FERNANDEZ, re-adopts and realleges the allegations in paragraphs
4 through 24, as if set forth fully herein.
34. Defendant breached the agreement by allowing Plaintiff to “retire” even after it
was determined that Plaintiff was not eligibie for retirement, nor for any of the retirement
benefits, including group retiree health insurance, fife insurance and health insurance
supplemenis..
35. Defendants have materially breached the terms of the contract by virtue of their
failure to resolve the open investigations prior to her date of “retirement”.
36. Defendants have refused fo cure the breach of their duty to resolve the
investigations prior to her retirement, nor reinstatement Plaintiff so that she may reach
retirement status.
37. As aresult, Plaintiff has been damaged, which damages include, but are not
limited to, the reporting to the Florida Department of Law Enforcement that she retired while
under investigation.
38. Further, Plaintiff has been damaged because she has not received retirement
benefits, including Defendant's group retiree health insurance and health insurance
supplement from the Defendant and the Florida Retirement System.
WHEREFORE, Plaintiff requests a judgment for damages and costs for the breach of
7contract.
DEMAND FOR JURY TRIAL
WHEREFORE, Plaintiff, FERNANDEZ, submits this demand for jury trial for all issues
triable of right.
Respectfully submitted,
TER! GUTTMAN VALDES LLC
Counsel for Plaintiff
1501 Venera Avenue
Suite 300
Coral Gables, Florida 33146
Telephone: (305) 740-9600
Facsimile: (305) 740-9202
/s/ Teri Guttman Valdes
Teri Guttman Valdes
Fla. Bar No. 0010741
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
electronic mail this December 28, 2017 to Ezra 8. Greenberg, Assistant County Attorney,
111 N.W. 1% Street, Suite 2800, Miami, Florida 33128.
si Teri Guttman Valdes __
Teri Guttman Valdes
Fla, Bar No. 0010741EXHIBIT A& 8 € 8940 NL Kendall Drive
Miami Cancer Institute Sele a Te
Tek 305-594-2444
Fax: 305-276-7778
Santistheatth net
GAPTIST HEALTH SOUTH FLORIDA
August 16, 2016
RE: Fernandez, Evelyn
MR: 1448862
DOB: OOf12/1971
To Whom It May Concern:
Please be advised that Ms, Evelyn Fernandez is currently under my care at the Miami
Cancer Institute. She has been diagnosed with colorectal cancer that in 2013 recurred
with metastasis te the lung. She underwent resection of that lung metastasis and has
been undergeing “adjuvant chemotherapy" since that time for her metastatic or stage IV
colorectal cancer.
Feel free to contact me with any questions.
Sincerely,
THIS REPORT HAS BEEN ELECTRONICALLY SIGNED
Fernando De Zarraga, M.D.
FOZ/d#/49543703EXHIBIT B4 OF UNDERSTANDING BETWEEN MIAMLDADY COUNTY AND
POLICE LIEUTENANT EVELYN PERNANDEZ,
_ This Memorandum of Understanding (MOU") is entered into this BM ay of
DECOmDer 2016, vetween Police Lieutenant EVELYN FERNANDEZ (“FERNANDEZ”)
and Miami-Dade County (COUNTY, by and through its department, the Miami-Dade Police
Department, jointly referred to as the CPARTIESS.
WHEREAS, FERNANDEZ is currently employed by the COUNTY as a Police Lieutenant
in the Miami-Llade Police Department (“DEPARTMENT’),
WHEREAS, on Jung 14, 2016, FERNANDEZ reosived a Discipiinary Action Report (AR),
Contral Number 2016-10509-13790, containing alleged viclstions of COUNTY and/or
DEPARTMENT paliey;
WHEREAS, the recommended level of discipline regarding DAR. Control Number 2016-
10509-13790 is a ten day suspension;
WHEREAS, additional discipline is pending against FERNANDEZ;
WHEREAS, the PARTIES are desirous of settling these and all other claims between them
and are algo desirous of aveiding further legal and administrative proceedings.
WOW, THEREPORE, in consideration of the mutual covenants contained herein, the
PARTIES intending to be legally bound do hereby stipulate and agree as follows:
1 The COUNTY will pemit FERNANDEZ to ufllize ber Special Leave Donation
through February 28, 2017.
be
FERNANDEZ will resign/retire from employment with the COUNTY, effective
February 28, 2017, al will provide her letter of resignation/retirament as an
alfachment to this MOU.
Initiate: aF CDP...
Employee MD1a,
Initials:
PERNANDEZ agrees to waive her right to appeal the ten day suspension
bnposed as a result of DAR Control Number 2016-10509-13790 and waives any
rights to challenge the DAR and the terms of this MOU, including by way of
appeal pursuant to Section 2-47 of the Code of Miami-Dade County Hearing
Examiner System).
‘The COUNTY will volinburse FERNANDEZ 12 days of pay (6 hours) aa a
result of her serving her 10 dey suspension and an additional 2 days of pay to
cover two days used in Jima, 2016.
Any pending investigations in which FERNANDEZ fs 6 subject shall be
resolved withont the imposition of discipline,
The DEPARTMENT will rwleass PRRNANDEZ’ personally owned firearm to
her when she is legally permitted to possess a firearm.
FERNANDEZ agrees in relinquish her Florida law enforcement certification
within five business days of her resignation/retirement.
No ststement contained herein shall be construed as an admission by
FERNANDEZ to the alleged violations of policy contained in DAR Control
Roniber 2016-10209-13780.
FERNANDEZ understands and agrees that ghe sist not violate any
departmental policies for the duration of her employment with the COUNTY.
Ie consideration of this MOU, FERNANDEZ, her heirs, executors,
administrators, successors and assigns, hereby ivevocably and unconditionally
yelease, acquit and forever discharge the COUNTY, its agents, craployses,
assigns, successors, administrators, and all other persons, firms, corporations,
Employee MDPD
=~ 2 ~associations, or partnerships acting by, through, under, or in concert with any of
them, of and fiom any and all eherges, claime, complaints, abilities,
obligations, cauzss of action, promises, agreements, comroversios, damages,
suits, rights, demands, costs, losses, grievances, debts and expenses {including
attormey's fees and costs actually Incurred), of any nature whatsoever, known or
unknown, suspected or unsuspeeted, Including but not lrlted to, any alleged
violation of Title VIE of the Civil Rights Act of 1964, the Americans with
Dissbilities Act (ADA, the Age Discrimination In Employment Act
(°ADBA*), the Florida Civil Rights Act AFCA”), Pla. Stat. § 112.532 et seq.,
the Law Enfircement Officer's Bil of Righis, Efhies and Public Trust
Commission complaints and any other rights under federal, state, or local laws
prohibiting any fora of harassment, intimidation, retaliation, discrimination or
bias in employment, wrongfal discharge, demotion or termination or of any
other type of claims, which be now hes or which may hereinafter accrue on
account of or in any way growing out of any known and anknown, foreseen and
unforeseen injuries, damages and the consequences that arise out of the DAR,
suspongian, and reimbursement of leave that are the subject of this MOU.
ihe The PARTIES retain the right io challenge any violations of the ierma of this
MOU.
i. ‘This MOU shall nat be used as precedent for the resolution of any other issue or
disuipline appeal thet may maw exist or any thet may hereafter arise.
13 The PARTIES agree and state that nc promise, inducement or agreement not
expressly contained herein has been made, that this MOU constitutes their entire
wie GE
Employer MDPIsand finel understanding with respect to the subject maiter of thls MOU, and thet
the terms of this MOU are contractual and not a mere rectial.
14, The PARTIES have read thie MOU end fally understand it.
py ‘
Signed thie Lo Detember 2016,
Miami-Dade Potice Department
feet
Janet Lewis, Esq.
Poliee Legal Bureau
Lee Sd
ee ‘Attomey for FERNANDEZ.
4
Eemployee MBEBPDEVELYN FERNANDEZ
December 16, 2016
duan Perez, Director
Miami-Dade Police Department
S105 NW 25" Street
Miami, PL 3372
RE: Retirement of Police Lieutenant Evelyn Pernanlex
Dear Direetor Perez:
it is with a heavy heart that due to personal circumstances after a deveted and dedicated career I
have decided to retire from my position with the Miand Dade Police Department afiiective Pebruary
28, 20V7. Hf has tely heen an honor serving vou, the citizens of Miomi-Dede County and this
Depariment,
Sincerely,
Exe Se Cotes
Evelyn Fernandes *
ce: Janet Lewis, Require Senior Burean Commander, Miami-Dare Police Legal Bureau
dames. C. Casey, EaquirsEXHIBIT CERS Retirement Eligibility - Miami-Dade County Page 1 of 3
Mianv-Dade County Human Resources
FRS Retirement Eligibility
Miami-Dade County provides retirement benefits for eligible employees through the
Enrollment is automatic for full-time and part-time
ihn ions meee oo,
employees.
ae) resource senor tretiren:
The FRS is qualified ander Section 401(a) of the Internal Revenue Code and provides a defined benefit (FRS Pension Plan)
and a defined contribution plan (FRS Investrnent Pian} option. Under the defined benefit plan, for every month an employee
receives a paycheck, they receive one month of service credit; ifthe employee participates in the defined contébution plan a
contribution is made te their account and the employee is responsible for managing their investments.
in order to qualify for the retirement benefit, an employee must be vested. Effective July 1, 2011, the legislature amended the
retirement plan and redefined normai retirement age and the vasting requiremenis for new members. In addition, FRE
members must contribute 3% of their salary towards their retirement benefit, on a pre-tax basis (the salary is reduced by the
amount of the employee contribution before determining the federal income tax deduction); the remainder is paid by the
employer. Members participating in the Deferred Retirement Option Program (DROP) and re-empioyed retirees who do not
qualify for renewed mernbership are not required to make the 3% contribution
Members Enrolled in the FRS Prior to July 1, 2011
When you retire, you'll want fo maintain the lifestyle you currently have. Social Security and the Florida Retirement System are
not intended to replace ail of your income at retiremeni. It is wise fo start a savings plan naw. The Ds
iis atax deferred savings plan that can be used at retirement to supplement
your Florida Retirement System and Sociai Security benefit.
> Vesting for £5
creditable service.
» The average final compensation (AFC) used in calculating retirement benefits will ba the highest 5 fiscal years of
salary.
+ Members of the Regular Class, Senior Management Service Class and Elected Officers’ Class will reach their normat
retirement date;
2) Pension Plan benefit eligibility will be after the completion of 6 years of
4. The fiest day of the month the member reaches age 62 and is vested: or
2. The first day of the month following the manth the member completes 30 years af creditable service, regardless of age
before age 62.
° Members of the Special Risk Class will reach their normal retirement date:
1. The first day of the month the member reaches age 45 and is vested; or
2, The first day of the month following the month the member completes 25 years of creditable service in the Special Risk
Class, regardiess of age before age 5; or
http://www-.miamidade.gov/humanresources/frs-retirement-cligibility.asp 12/22/2017FRS Retirement Eligibility - Miami-Dade County Page 2 of 3
a. ‘The first day of the month following the date the member reaches age 52 and completes 26 years of service comprised of
Special Risk Class service and up to 4 years wartime military service purchased under Sectiont21.111, Florida Statutes.
a
Members First Enrolled in the FRS on or After July 1, 2074
* Vesting for FAS is
creditable service.
+ The average final compensation (AFC} used in calculating retirement benefits will be the highest & fiscal years of
salary.
* Members of the Regular Class, Senior Management Service Class and Elected Officers’ Class will reach their normal
retirement date:
wit) Pension Plan bénelit eligibitity will be after the completion of 8 years of
4. The first day of the month the member reaches age 66 and is vested; or
2. The first day of the month following the month the member completes 33 years of creditable service, regardiess of age
sefors age 65.
> Members of the Special Risk Class will reach their normal retirement date:
4, The first day of the month the mernber reaches age 60 and is vested: or
2. The first day of the month fallowing the month the member completes 30 years: of creditable. servios in the Special Risk
Glass, regardless of age before age 60; 0
3. The first day of the month following the date the member reaches age S7 and completes 30 years of service comprised of
Special Risk Class service and up to 4 years wartime military service purchased under Section $21.11, Fi forida Statutes.
Under the defined benefit plan, an employee's annual benefit will be determined by multiplying the years of service by a
percentage value and by the average of the five highest years of creditable salary. An employee may retire before reaching
normal retirement age. but the annual benefit will be reduced by 5% for each year under normal retirement date. With the
defined contribution plan, the employee's benefit amount depends on the investment retums earned on contributions.
ft
Salaries Exceeding Federal Limits
Federal law, under section 401(a)(17) of the Interal Revenue Code, limits the amount of annual safary that may be applied
towards retirement under a qualified retirement plan. Employees who initially became members of the FRS on or afier July 1,
1996, are stibject fo a $150,000 limit, incrementally indexed far cost-of-living Increases after 1996. Employees who initially
became members of the FRS before July 1, 1998, are subject to a higher limit (also adjusted annually by the IRS to reflect
cost-of-living increases}.
The current limits are:
Date
FIOV2O14
Member on or after 7/04/1288.
$245,006
Member prior to 7/01/1996
$363,820
Disability Retirement
Ratiremeni benefits may be provided to employees with eight years of creditable service who become totally and permanently
disabled. Employees who become disabled in the line of duty may become eligible for disability benefits regardiess of their
length of service.
http:/Awww.miamidade.gow/humanresources/fis-retirement-cligibility asp 12/22/2017FRS Retirement Eligibility - Miami-Dade County Pape 3 of 3
Adiitional information on the FRS is available by calling 1-844-377-1888 of
6 OF wre Kuby
supnormmetiene:
deferred compensation program.
Page Last Edited: Thu Aug 18,2046 5:40:40 PM
MIAMPDADE
hittp://www.miamidade.gov/humanresources/frs-retirement-eligibility.asp 12/22/2017EXHIBIT DChapter 11-10 Page | of 5 Rev. 02/11/14
CHAPTER 11 - PART 10 - RETIREMENT ACTIVITIES
SECTION 1 - GUIDELINES [CALEA 22.2.2a]
i. GENERAL
A. Purpose
B. Authority
C. Types of Systems
SECTION 2 - DEPARTMENTAL RESPONSIBILITIES
tA INDIVIDUAL
HL CHIEF FINANCIAL OFFCER
A. Chief
B. Personnel Management Bureau
€. Mementos and Recognition at Retirement
D, Mementos and Recognition Other Than at Retirement
E. Authorization to release Service Issued Handounis to Retiring Sworn Personnel
ANNEXES
A. Criteria for Mementos, Sworn Personnel
B. Authorization to Release Firearm Acceptance and Hold Harmless Agreement FormChapter {1-10 Page 2 of § Rey. 02/11/14
CHAPTER 11 - PART 10 - RETIREMENT ACTIVITIES
SECTION 1- GUIDELINES [CALEA 22.2.2a]
GENERAL:
It is important to remember that the dignity of employees must be respected at all times. As a result of
departmental service, employees are entitled to certain accrued benefits upon retirement. Additionally,
individuals must be given duc recognition at their retirement in keeping with the traditions and customs of
the Department. To ensure appropriate attendance and recognition at the retirement event, the time and
jocation of the presentation will be given appropriate publicity.
A. Purpose:
Departmental responsibilities and procedures outlined are intended to assist retirees with preparing and
processing the appropriate retirement application forms. This part does not address the many unknown
variables and: decisions which a person must make prior to the time thai one announces, or
circumstances dictate retirement. Problems or situations that deal with personal matters, ¢.g., adjusting
to living on a reduced income, are factors which shall be discussed during pre-retixement counseling:
sessions. The Department is obligated to process the retirement application as expeditiously as
possible and to assist the individual in reveiving a final determination from the Division of Retirement,
Department of Administration, State of Florida.
B. Authority:
q,
2
By
4
Florida Statutes (FS). Chapter 112, Public Officers and Employees: General Provisions
FS, Chapter 121, Florida Retirement System (FRS)
FRS Rules, Division of Retirement
Code of Miarni-Dade County, Division 4. Service-Connected Disability Program, Sections 2-
56.21 through 2-56.27.1
C.. Types of Systems:
A,
w
The FRS was established by enaciment of the FRS Act, on December 1, 1970. Except for specific
exceptions enumerated in FS, Chapter 121, participation in the regular or special-risk classes of
membership of the FRS is compulsory for all officers and employees of the Miami-Dade Police
Department (MDPD) who are elected, appointed, reemployed, or hired on ar after that date.
Due to the majority participation in the FRS by employees of MDPD, that system will be
discussed in detail. Questions concerning other systems will be directed to the Personnel
Management Bureau (PMB), Payroll Supervisor.
Other existing systems:
a. State and County Officers and Employees’ Retirement System, FS, Chapter 122
b.. Retirement System for School Teachers, FS, Chapter 238
¢. Highway Patrol pension system, FS, Chapter 321
SECTION 2- DEPARTMENTAL RESPONSIBILITIES
INDIVIDUAL:
In order for the departmental retiremtent program to be responsive to the needs of those individuals who are
considering retirement, it is incumbent upon the individual employce to notify supervisors in the chain ofChapter 11-10 Page 3 of 5 Rev. O2/11/14
command of an impending retirement action and the approximate date. Action can then be initiated by
appropriate departmental elements in a timely manner. Individuals shail contact the Payroll Supervisor tv
schedule a pre-retirement counseling session at least six months prior to the retirement date.
CHIEF FINANCIAL OFFICER:
A. Division Chief:
The Chief Financial Officer will be responsible for the overall planning, coordination, control, and
direction of the departmental retirement program.
B.. Personnel Management Bureau:
Personnel Management Bureau (PMB) will be responsible for program administration and liaison with
concerned or involved outside governmental agencies. This will inclide counseling, coordination,
processing, and appropriate follow-up actions:
1. Counseling will be geared to discussion of the employee's. needs (normal, early, disability
retirement) and may include the following:
a, Retirement options and calculation of benefits, termination benefits, employment or
sreemployment restrictions, and calculation of previous contributions,
b. Determination of service credit for past and prior service, military buy-back, leave of absence
and ont-of-state service, and any other authorized creditable service.
c. Cost of living adjustments, FRS and Police Benevolent Association (PBA) health insurance
subsidies, death benefits, medical conversion options (county, state, or imdividual},
beneficiary designation, and insurance conversion options.
d. Other possible retiremient supplements: c.g, social security, veteran's benefits, federal
employee's compensation benefits, and worker's compensation credit benefits.
e. Required legal or supplemental documentation.
2. The departmental Payroll Supervisor will establish a retirement folder for the prospective retiree.
The folder will serve as the Department's official retirement personnel record during and after
termination of service. Contents will include copies of all documents prepared to initiate
retirement actions, copies of official records atiendant to termination, retirement check list, and all
other transitional documents and materials.
‘The departmental Payroil Supervisor wifl notify the Director's Office, via memorandum, of the
employee's prospective retirement date. A copy of ihe notification will be sent to the concerned
employee's police major/bureau commander or clement supervisor.
C. Mementos and Recognition at Retirement:
The Department, as part of the official retirement program, will make formal. recognition of an
employee's past service using the following guidelines:
i. All personnel including police reserve officers:
a. The request for retirement must be approved under honorable conditions.
b. Scheduled retirees are to be recognized officially in a formal ceremony at the semiannual sialf
luncheon. The ceremony provides departmental staff and other concerned agency personnel,
e.g., County Manager's staff or bargaining unit representatives, the opportunity to officially
present mementos and other recognition documents to honored retirees.
2. Nonswom personnel: A plaque will be presented based upon the employee having ¢ minimum of
six years creditable service or lme-of-duty disability retirement (regardless of length of service).Chapter 11-10 Page 4 of 5 Rev. 02/1/14
The employee will receive an identification card marked Honorably Retired if cligible to reccive
benefits immediately upon retirement, An Honorably Served identification card will be issued to
employees who defer retirement benetits to a later date.
we
Sworn. personnel:
a. Badges: Upon retirement, sworn personnel, including police reserve officers, are eligible to
receive their issued badge encased in plastic and mounted on a stand with a small
identification plate attached, and an additional badge marked Retired er Honorably Served.
Annex A enumerates criteria for issuance of retirement mementos,
b. Identification cards:
(1) Ap identification card marked Retired Deputy. Sheriff will be issued to eligible employees
who will receive benefits immediately upon retirement.
(Q) An identification card marked Honorably Served as a. Deputy Sheriff will be issued to
eligible employees who defet retirement benefits to.a Jater date. “This identification card
will also be issued to police reserve officers upon their retirement.
4, Procedures: Upon receipt of an PRS application froma full-time employee, or notification of
intent to retire from a police reserve officer with a minimum of six years service, the Payroll
Supervisor will determine eligibility for badges, identification cards, encasements and plaques,
and coordinate requesis accordingly.
a. The Payroll Supervisor will notify. the PBA of retiring employers.
b. The Payroll Supervisor will advise the Inventory and Supply Unit, via memorandum, of the
retiring employee's choice of applicable badge mounting/plaque and the contact person's
name and telephone number in the retiring employee's unit. The Strategic Planning and
Policing Bureau is the contact unit for polive reserve officers. The Inventory and Supply Unit
will coordinate the procurement of these items. The contact person will be notified upon
completion/receipt of the items by the Inventory and Supply Unit.
wm
Presentation: The Payroll Supervisor will coordinate with the police major/bureaa commander or
supervisor of the affected employee's major organizational element, PMB Commander, CSD Chief
Financial Officer, and appropriate agency and union representatives as to the method of
presentation.
a, The concerned police major/bureau commander or element supervisor will ensure: that a
supervisor is available to present retirement mementos, plaques, and other recognition
documents/items to the retiree.
b. . Expenses for the luncheon will be ai no cost for the retiree and one guest, such expenses being
collected by donation. Other invited guests and attendees will pay the announced rate.
c. Official notification and announcement of the retirement ceremony to concerned parties will
be coordinated by the Payroll Supervisor. Luncheon scheduling and notification is the
responsibility of the Media Relations Bureau.
6. Non-official functions: The above provisions do not apply to any special activities which may be
arranged by friends and coworkers for the retiree on a personal basis.
D. Mementos and Recognition Other Than at Retirement:
Upon leaving the Department under bencrable conditions other than retirement, sworn personnel are
eligible to receive the issued badge encased in plastic and mounted on 2 stand with a small
identification plate attached in accordance with criteria enumerated in Annex A.Chapter 11-10 Page 5 of S Rey. 02/11/14
1. Sworn personnel may request to retain the issued badge on the Advice of Personnel Action form
to the Director through the chain-of-command at least 30 days prior to the date of separation. If
approved, the request will be forwarded ta PMB for processing.
2. The Payroll Supervisor will coordinate with appropriate departmental persomnel as to the method
of ptesentation.
E. Authorization Release of Service Issued Handguns to Retiring Sworn Personnel:
The. Miami-Dade Police Department will present service-issued handguns to qualified sworm
employees upon their retirement, when requested by the employee, to commemorate his or her prior
service with the Department.
Annex B, entitled. Authorization to Release Firearm Acceptance and Hold Harmless Agreement, has
been prepared for the Personnel Management Bureau (PMB) Gemmender to present to retiring
employees who request theit service-issued bende ae wil prospectively iss: ue Gauche
retire. due to. medical disability. Swom: ee a Soe by age must have 15 or more years of
sworn, Sie fo be clizible to ieoeive their commemorative service-issued arte The
Both rs i
The retiring employee must present the Agreement. signed by the PMB Major Gommander; to the
Miami-Dade Public Safety Training Institute (MDPSTI). The employee will be required to sign the
agreement in front of the (MDPSTI) Range Master, or his or her designee, acknowledging receipt of
the handgun and accepting responsibility of any future use of the handgun. The Range Master will
also sign the Agreement as a wituess to the retiring employee's signature. All completed agreements
will be retained by the MBPSTL
HE ANNEX
A, teria for Mls
ants adorn Personnel
B. Sidhorivetion te Release Piregrm Accentance and Mold dtarmious Agreement ForEXHIBIT EMiarai-Dade County - Human Resources - Retiree Insurance Topics Page | of 3
Miami-Dade County Numan Resources
Retiree insurance Topics
a phan af
aller is
Sontinuation of Insurance after retirement
‘You must complete and submit e Retires Insurance Application to the Banifits Administration Untt to vortinua your onvereye
inte retirement. You will be hilles ior these nensfifs after your reiremart dete.
Your Opiicesl Le insurance will be cancelied upon your retirement. You can convert up to the total benefit amount, toa whois:
the insurance Cerier. information about haw to do so, and the costs Involved will be maiied fo you with
Vision insurance wil be cancailed upon your rellremeni, You may eonvert fo an ineividual polley by coniaciing the
‘actly, Information abcut how to da.sa will he mailed ip you with your metirement packet,
on, ar Ant
hig biliag cake jl & thiy praraurn
premiums through the marent
ims are due on the firs! day of the
imately three months of insurance premiums, site your
month. For that reasan, 2 reoorernend that
first pansion check may not arrive for agproxirs
budget for app
aly sixty (80} days from the date of refrernani.
H yeu: andor your covered dependent tum 65, audsequerd to your retirement, here will be a change in your preralur
deuion is required, you wil masive b ation front us approximately (3) moritt
calendar ps
ior to yourfor your spouse's 5th &
if ne section is required we will send you
the month your premium changes.
ihly OsNsion Checks lasued by fhe Floride Rett
° FRS check, you must complete a Flayroll A
from ys
Form and ronit
about 60 days thereafter, You ere respor
deductions begin. The Insurance dedi
ie to sent your payments to ff
wil be reflected on your FRS ¢
hituc//www.miamidade. gov/humanresources/retiree-insurance-fags.asp 12/22/2017Miami-Dade County - Human Resources - Retiree Insurance Topics Page 2 of 3
Yous may alsc efect fo pay your preraium by chesk or money order. Payments are due in our office on: the first day of each
month. Accounts are subjact to wancellafion # the premium payraent ig not reonived by the 80th day of the month fox which
payment is due. Make checks payadis to Board of County Commiszioners and indicale your Soolat Security Number on ad!
checks,
Health insurance Subsidy (HIS) eligibility
Hlighkle retirees rencive $8.00 par rnonth for each year of seniva cretit seamed at retirement: The subsidy is atleast $20 car
month and ne more than ohe-hundred Hers ($15G} per month. ihe intended te hel otiae! the oust of your hseii
Ineuranne xewerage. You may contact the in of Retirement at (850) 488-4742 for eny Subsidy questions, ar write to:
Division of Retreat
P.O, Box S006
Tallahaesea, Florida 32315-8000
GO
Cancellation of insurance under the Retiree Group
You may carcel your menical insurance coverage at any time. The inaurance company or the, Sounty
coveraye UNIEas:
not canoal your
> premiums are not pelt on a finely best
+» snverage under the Mastar Contraot is cancelled
+ you move out of the service area
+ you ae enralted uader an HMO and become elighhle for Medicare
* your covered dependent children mach the contract fi
‘You may only canal your dente! onverage:
t cancellation at the and of a calenda:
under an HMO Madinane Plan; or
+ you cancel your entire coverage with the F
sSroup
Adding spouse io retires health Insurance plan
fou
You need to apply to add your spouse to your medioatiden
date your spouse tases his/her insurance cover
en applicants.
noe plana within 30 days following the date of marriage or
ge. You need fo send us a writien request eng @ rnarriage variificate,
Qi
Health insurance plan after retires’s death
tay contin.
nd your dag
thelr coverage, as tong as
if you die, dagandents covered under your retires medical
i lent chiidren until the
18d. Your spouse/DP oan continue indefinite!
Canceling Insurance after becoming eligible for Medicare
hitp://www. miamidade. gov/humar vesources/retiree-insurance-fags.asp 12/22/2017Miami-Dade County - Human Resources - Retiree Insurance Topics Page 3 of 3
J overage upon becoming eligible for Medicare, dependents covered under your totinee rnadical
arxlior dental may continue, as long as timely premium payrnants are received. All cancellalions are irrevocable:
once cancelled, covenage vill not be rainstaied. This applies to the AvMed plan as ‘wel as the dental plans. However, your
dapendenit(s} may not continue dental coverage Mf you do not elact to continue Cental coverage yourself,
Page Last Edited: Wes May 2, 2032 &3&37 PM
antl
J
3
8
(2017
&
http://www. miamidade.gov/humanresources/retiree-insurance-fags.asp 1EXHIBIT FSTANDARD OPERATING PROCEDURE
EFFECTIVE DATE PROCEDURE TITLE PROCEDURE PAGE No.
Pian Year 2010 Retiree insurance Continuation Ben -S 10f2
For FRS Investment Plan (IP)
Participants
MAJOR AREAS AFFECTED APPROVED BY REVISES OR SUPERCEDES
Benefits Administration Section Marsha Pascual, Director None
Risk Management Division Risk Management Division - PREPARED BY
Hazel Grace-Dansoh
Benefits Administration Mgr.
Risk Management Division, GSA
INTENT:
To modify the eligibility rules for FRS_ IP parlicipanis to enroll in the retiree group insurance in order
to provide for hardship enrollments.
BACKGROUND: The County allows employees who retire from County service to continue
participation in our group insurance programs through the retiree group. Historically, the criteria for
participating has been that the individual was receiving a pension from the Florida Retirement
System (FRS). The introduction of the Investment Plan posed new challenges for eligibility since
there is no way for us to validate that the individual is “drawing a pension” from their investment
account.
PROGESSING GUIDELINES:
The current criteria for retirees to continue medical/dental and/or fife insurance coverage through the retiree group is as
follows:
4. For Defined Benefit participants with at ieast 6 years service: Collecting a pension from FRS, or:
2, For Investment Plan participants: Age 59: 1/2 with at least 6 years service. The Age 59 % requirementis
consistent with the criteria the State of Florida uses to determine the eligibility of their P participants to participate
in their retiree group.
The above criteria will continue to be administered. However, recognizing that there may be extraordinary personal
situations which may necessitate an employee retiring before meeting these requirements, we are expanding the
participating criteria to include participants who experience a premature separation from the County due fo a personal
chronic illness. or condition which renders the employee unable to continue employment; or the chronic illness or condition
of an immediate family member which requires the employee to terminate employment in order to act as a caregiver.
immediate family members are the employee's spouse/domestic partner, natural child/stepchild/child of a domestic
partner or parent.
in order to qualify for this eligibility requirement, the employee must have a minimum of 25 years regular class service, or
20 years special risk service with the County and be able to provide medical verification of the hardship.2017 NEW RETIREE INSURANCE BENEFITS ELECTION FORM
For Retirees Under Age 65
Name: Emp. 1D: Date of Retirement:
Address: City, State, & Zip Code:
Date of Birth: Phone: E-Mail Address:
MEDICAL COVERAGE (]sevecr [5] DEctune
'Fyes, please select (v) one of the following options:
‘Avided HDG | Avited WDE
AvMed Avkied
Monthly Rates Select Jackson First
italy POS High OPLHMO | neue ator aM
Retires or Spouse/Domestic Partner Under 85, Cisi2ie6 | (Js stao0 | Js aeart | (os 23030
Retiree Under 85 & Spouse/Domestic Partner Under 65 [9234134 | ()sit47.36 | C)sioqnee | [s 97173
Rolitee Under 658 Child(ren)} Cisa2enoe | [isio5rcs | []s oso30 | (]$ aga.se
Retiree Under 65 & Spouse/Domestic Partner Under 65, plus Childfren) Els2rre3 | C]st4036 | []si20163 | [Ist206.12
‘RAIS Plas ool exile casio ge Dade, Onset & Pata Bash Gouniion
Retiree Under 85 & Spouse/DP Medicare Eligible
Monthly Rates Aviled ‘AvMed MDC” | Avited HDC
{Must be enrolled in Medicare Parts A and B to be elighhte for any of the AvMed over BS. AvMed POS. High Opt HO. Select Jackson First
plans) Network HMO" HMO*
gh ree eameoneete Panera endr Meiers Et - 1] $1998.28 | 7} $ 4,188.23 Cle verge
Retiree under 85 & Spouse/Domestic Pariner over 65 andiar Medicare Eligible - 6
Fetes a over: are (ls 0708
“Aviled Plans and avstahe eitsaie Samy Dada, Crowerd & Fide Beach Counties:
DENTAL COVERAGE (]seLect [_] DECLINE
ifyes, please select (¥) one of the following options:
Monthly Rates { Delta Dental Pian Metlife DHMO (Safequardy* |] Humana - Oral Health Services” |
ly Slandard Enaished Standerd Enriched | Standard Entiched
Retires Only [Js 3122 CJs 4087 LJs 4222 (Js 73 | (Js 7588 | T }s 1424
Retiree & onedependent | [|S 61.76 js soso | [ [ ]s 203s {Js 2071 | (ysi272 | [Js 23.80
Retiree & dependenis ae Se [}s1942 S 3746
SRR DH antl OFS plans are aot exadadie outside Maré Oiads, Enwant & Pain Boeck Comins
if medical and/or dental coverage for {6} is selected, please provide the information below.
{ ame Relationship ‘SSN 7 pos Sex MIF | Indicate Goverage Selected
[ETuedicat —[Jooenat
i secs [oe
“SP. Spasse, CH-Chiil, OP Deomstic Partner, OPCH Chit of Dames Paxinas”
LIFE INSURANCE COVERAGE ["]SELEcT {[] DECLINE
‘The value of the Miami-Dade County Retiree Group Life Insurance Policy is one-time your base annual salary at the time of retirement. The
2017 rate is 1.5 cents per thousand dollars per month.
{ am aware that it is my responsipility to read and understand the contents af the Reliree Insurance Benefits Handbook
available at bitp: www miamidade. covshumanresources/retirees asp.
Please sign, date, and mail or fax this form to:
“Signature Date Miami-Dade County
Human Resources - Benefits Administration
FOR OFFICE USE ONLY - EG -E1~ iv 111 NW tot Street, Suite 2374
FRSIPDAF: Needed Not Needed Conv. Letter: Yes. ee NOL Miami, FL 33128-1979
BasicLife Conv Amount$ Optional Life Conv. Amount § a Fax: 305-375-1633 or 305-375-1368EXHIBIT GMemorandum
Date: March 8, 2017
To: Helena Denham-Carter, Director
Benefits Administration Division
Human Resources
From: Daniel J. Gonzales, Benefits Supervisor
Benefits Administration Division
Hurman Resources
Subject: Retiree Group Insurance Enrollment Exception
We are in receipt of the attached request for the enrollment in the Retiree Group Insurance program for
Lt. Evelyn Fernandez ¢37980 of the Miami-Dade Police Department. Ms. Femandez is 45 years old
and had 24.08 years of Special Risk Service when she separated from Miami-Dade County on
February 28, 2017. Since she does not meet the minimum requirements for service and/or age to be
included in the Retiree Group, she is requesting an exception under the attached Procedure Ben — 5.
Additionally for your review is her medical documentation, her Investment Plan account statement
showing 24.08 years of Special Risk Class and. the Personnel Change Document showing her
separation in good status (Code BA). Please review the attached and provide your decision below.
Should additional information be required, please do not hesitate to contact me.
Approved: Disapproved. :
Helena Denham-Carter, Director Date ‘lelenia Denham-Carter, Director
Benefits Administration Division Senefits Administration Division
AttachmentsEXHIBIT HMiami-Dade Police Department
Professional Compliance Bureau
18805 NW 27th Avenue
Miami Gardens, Florida 33056-3154
305-627-7100 F 305-627-7127
integrity * Respect —_
Service « Fairness : miamidade.gow
March 2, 2017
Evelyn Fernandez
320 Gramello Avenue Unit 304
Coral Gables, FL 33146
Dear Ms. Fernandez:
The Miami-Dade Police Department, Professional
Compliance Bureau (PCB) is presently investigating an
allegation made against you, while you were employed
with the Miami-Dade Police Department.
Please contact Sergeant Kent Jumey at (305) 627-
7100, within five (5) days of receipt of this notification
to schedule an appointment for an interview. Your
cooperation in this matter will be greatly appreciated.
Failure to respond will result in this investigation
proceeding without thp benefit of your information.
rely,
cts,
hristopher Carothers
Major
a een nine enemy © peng ea meinen ee
Certified/Receipt RequestedMiami-Dade Police Department
Professional Compliance Bureatt
18805 NW 27th Avenue
Miami Gardens, Florida 33
Preview
Filing # 65879149 E-Filed 12/28/2017 12:33:38 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA EVELYN FERNANDEZ, CASE NO. 17-8126 CA 09 Plaintiff, vy. MIAMI-DADE COUNTY, Defendant. / SECOND AMENDED COMPLAINT FOR RESCISSION OF CONTRACT OR, IN THE ALTERNATIVE, FOR BREACH OF CONTRACT AND DAMAGES Plaintiff, EVELYN FERNANDEZ (hereinafter “FERNANDEZ’), by and through her undersigned counsel sues Defendant, MIAMI-DADE COUNTY, and in support thereof states as follows: JURISDICTION AND PARTIES 1. This is an action for rescission of a contract against MIAMI-DADE COUNTY, or in the alternative, for breach of contract and damages. 2. Jurisdiction is vested in this Court pursuant to Article V, Section 5 of the Constitution of the State of Florida. 3. The amount in controversy exceeds $15,000.00 exclusive of costs, interest, and attorney's fees. 4, Plaintiff, EVELYN FERNANDEZ, was employed by the Defendant, MIAMI- DADE COUNTY, FLORIDA, as a Police Lieutenant at all times material to this complaint. 5. Atall times material hereto, Defendant, MIAMI-DADE COUNTY, FLORIDA, was and is a political subdivision organized and existing under the laws of Florida with its situs in MIAMI-DADE COUNTY, FLORIDA.FACTUAL ALLEGATIONS 6. During her employment, Plaintiff was promoted from Police Officer to Police Sergeant and then to Police Lieutenant, which position she held at the time of the facts giving rise to this Complaint. 7. Plaintiff, EVELYN FERNANDEZ, was diagnosed with colorectal cancer in 2013. Subsequently, the disease had advanced to stage 4 colorectal cancer with metastasis to a lung. As a result, she underwent a resection of one lung and then commenced “adjuvant chemotherapy.” Please see letter dated August 16, 2016 from her treating oncologist, Dr. De Zarraga, attached hereto as Exhibit “A”. 8. Due to Plaintiffs medical condition and other personal matters, Plaintiff was desirous of retiring from her employment with Defendant MIAMI-DADE COUNTY. Asa result, the Plaintiff and Defendant entered into an express written contract entitled “Memorandum of Understanding” on or about December 13, 2016. A copy of the contract is attached hereto as Exhibit “B“ and incorporated by reference. 9. The parties selected the effective date of her retirement as February 28, 2017 based on information provided by the Florida Retirement System indicating that Plaintiff would have 25 years of Special Risk Service and be eligible for normal retirement. But for Plaintiff reaching 25 years of Special Risk Service and being eligible for normal retirement, she would not have entered into this agreement because there are certain benefits, from both the Defendant and the State of Florida, that are only available to “retired” employees. 10. One of the benefits Plaintiff would have received had she retired with 25 years of Special Risk Service include access to MIAMI-DADE COUNTY’s group health insurance for the duration of her retirement, which is imperative given her medical diagnosis, as well as 2supplemental insurance payments from both the State of Florida Retirement System and MIAMI-DADE COUNTY via the Collective Bargaining Agreement with the Dade County Police Benevolent Association. in addition, she would have been eligible to participate in the retiree’s life insurance. 41. Defendant's employees participate in the Florida Retirement System. On the Defendant's website, the Human Resources Department explains eligibility for normal retirement for members of the Special Risk Class as meeting one of three different criteria depending upon age, years of service and/or military service. This is based upon criteria set forth in the Florida Statutes governing the Florida Retirement System. See Exhibit C attached. 12. Defendant's Police Department, of which Plaintiff was a member, has Standard Operating Procedures (SOP’s) governing the process by which employees retire. As set forth in Chapter 11 Part 10 of those SOP’s: “As a result of departmental service, employees are entitled to certain accrued benefits upon retirement.” This SOP further advises that upon an individual notifying of an impending retirement date, the Department's Personnel Management Bureau is responsible for ensuring the retirement process is followed and the individual eligible to retire on the impending retirement date. See Exhibit D attached. 13. Defendant's Human Resources Department further explains on the website that upon retirement, employees can continue health insurance coverage under Defendant's pian. See Exhibit £ attached. 14. | Defendant's have established a Standard Operating Procedure explaining the manner in which employees who retire can continue coverage in its group health insurance. The SOP states in pertinent part: “The County allows employees who retire from the County 3service io continue participation in our group insurance programs through the retiree group. In order to meet the criteria as a retiree, one has to be able to collect a pension from the FRS. See Exhibit F attached 15. The Memorandum of Understanding also provided that numerous Internal Affairs investigations, which were open and pending at the time the parties entered into the contract, for which Defendant was intent on issuing discipline were to be resolved without disciplinary action prior to her retirement. Disciplinary action can only be taken while an employed is employed which is why the investigations were to be resolved or concluded prior to Plaintiff's “retirement.” See Exhibit B attached. 46. inaccordance with the Memorandum of Understanding, on December 16, 2016 Lieutenant Fernandez submitted her letter requesting to “retire” effective February 28, 2017. See Plaintiffs letter of retirement attached to and incorporated into the Memorandum of Understanding, Exhibit B attached. 17. Subsequently, it was discovered that the information relied on from the Florida Retirement System was incorrect and as of February 28, 2017, Plaintiff had total service credit of over 25 years, but her Special Risk Service was only 24.08 years. Therefore, Plaintiff did not qualify for the retirement benefits described above, nor any other benefits restricted to retired employees. 18. Plaintiff applied for Retiree Group Health Insurance, but given the incorrect information regarding her eligibility and not having 25 years of Special Risk Class service, she did not meet the criteria. She was also considered for an exception due to her medical condition, and was denied. The denial is set forth in a memorandum dated March 8, 2017 . See Exhibit G attached.419. Moreover, the pending investigations and disciplinary matters were not resolved and closed prior to the effective date of her attempted “retirement” from the Department. 20. In fact, Plaintiff has been contacted in regard to several open and pending investigations and requested to render statements in connection with the open and pending investigations. Specifically, Plaintiff was sent letters dated March 2, 8,9, and 24, 2017, which indicate there are open investigations subsequent fo the signing of the agreement. See Composite Exhibit H attached. 21. But for the resolution and closing of these investigations, Plaintiff would not have retired from her employment with the Defendant because doing so results in negative information being conveyed to the Florida Department of Law Enforcement regarding her law enforcement certification and separation from employment. 22. Specifically, ifa sworm law enforcement officer separates from an agency while an investigation is open and pending, this information is conveyed to the Florida Department of Law Enforcement instead of indicating that the employee has resigned or retired in good standing. 23. Prior to filing this complaint, Plaintiff has exhausted any and administrative remedies or doing so would be futile. 24. Defendant has waived sovereign immunity by entering into an express written contract attached here as Exhibit “B” and incorporated by reference. COUNT | - RESCISSION 25. Plaintiff, FERNANDEZ, readopts and realleges the allegations in paragraphs 41 through 24, as if set forth fully herein. 26. Plaintiff and Defendant entered into a contract entitled Memorandum ofUnderstanding. (Exhibit B) 27. The contract provided that Plaintiff would retire, thereby obtaining her retirement benefits, including the Defendant's group retiree health insurance and supplemental payments for her health insurance as well as participate in Defendant's life insurance for retirees. A mutual mistake occurred as a result of the Florida Retirement System's false representation that Plaintiff was eligible for Special Risk Service retirement on February 28, 2017, the date agreed to in the express writien contract. 28. Plaintiff justifiably relied to her detriment on the false representation when she entered into the contract and submitted her letter of retirement as part of the contract. Moreover, Defendant has materially breached the contract by not resolving the open investigations without disciplinary action prior to her attempted retirement. Plaintiff relied to her detriment on this representation that the investigations would be resolved without any disciplinary action prior to her request to retire. 29. Had Plaintiff known she was not eligible for retirement and the corresponding benefits and/or that Defendant would not resolve the open investigations without disciplinary actions prior to her retirement, she would not have entered into the contract titled Memorandum of Understanding. Alternatively, the correct date upon which she would be eligible for retirement would have been utilized in the agreement. 30. ‘Plaintiff has no adequate legal remedy at law save and except for rescission of the contract. 31. Plaintiff has advised Defendant, prior to filing this action, that she is rescinding the contract. 32. Plaintiff is willing to restore any benefits conferred on her as a result of the 6contract. WHEREFORE, Plaintiff requests that contract titled Memorandum of Understanding be rescinded and that she be restored to the position she was in prior to entering into the contract with Defendant. COUNT Hl - BREACH OF CONTRACT AND DAMAGES 33. Plaintiff, FERNANDEZ, re-adopts and realleges the allegations in paragraphs 4 through 24, as if set forth fully herein. 34. Defendant breached the agreement by allowing Plaintiff to “retire” even after it was determined that Plaintiff was not eligibie for retirement, nor for any of the retirement benefits, including group retiree health insurance, fife insurance and health insurance supplemenis.. 35. Defendants have materially breached the terms of the contract by virtue of their failure to resolve the open investigations prior to her date of “retirement”. 36. Defendants have refused fo cure the breach of their duty to resolve the investigations prior to her retirement, nor reinstatement Plaintiff so that she may reach retirement status. 37. As aresult, Plaintiff has been damaged, which damages include, but are not limited to, the reporting to the Florida Department of Law Enforcement that she retired while under investigation. 38. Further, Plaintiff has been damaged because she has not received retirement benefits, including Defendant's group retiree health insurance and health insurance supplement from the Defendant and the Florida Retirement System. WHEREFORE, Plaintiff requests a judgment for damages and costs for the breach of 7contract. DEMAND FOR JURY TRIAL WHEREFORE, Plaintiff, FERNANDEZ, submits this demand for jury trial for all issues triable of right. Respectfully submitted, TER! GUTTMAN VALDES LLC Counsel for Plaintiff 1501 Venera Avenue Suite 300 Coral Gables, Florida 33146 Telephone: (305) 740-9600 Facsimile: (305) 740-9202 /s/ Teri Guttman Valdes Teri Guttman Valdes Fla. Bar No. 0010741 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail this December 28, 2017 to Ezra 8. Greenberg, Assistant County Attorney, 111 N.W. 1% Street, Suite 2800, Miami, Florida 33128. si Teri Guttman Valdes __ Teri Guttman Valdes Fla, Bar No. 0010741EXHIBIT A& 8 € 8940 NL Kendall Drive Miami Cancer Institute Sele a Te Tek 305-594-2444 Fax: 305-276-7778 Santistheatth net GAPTIST HEALTH SOUTH FLORIDA August 16, 2016 RE: Fernandez, Evelyn MR: 1448862 DOB: OOf12/1971 To Whom It May Concern: Please be advised that Ms, Evelyn Fernandez is currently under my care at the Miami Cancer Institute. She has been diagnosed with colorectal cancer that in 2013 recurred with metastasis te the lung. She underwent resection of that lung metastasis and has been undergeing “adjuvant chemotherapy" since that time for her metastatic or stage IV colorectal cancer. Feel free to contact me with any questions. Sincerely, THIS REPORT HAS BEEN ELECTRONICALLY SIGNED Fernando De Zarraga, M.D. FOZ/d#/49543703EXHIBIT B4 OF UNDERSTANDING BETWEEN MIAMLDADY COUNTY AND POLICE LIEUTENANT EVELYN PERNANDEZ, _ This Memorandum of Understanding (MOU") is entered into this BM ay of DECOmDer 2016, vetween Police Lieutenant EVELYN FERNANDEZ (“FERNANDEZ”) and Miami-Dade County (COUNTY, by and through its department, the Miami-Dade Police Department, jointly referred to as the CPARTIESS. WHEREAS, FERNANDEZ is currently employed by the COUNTY as a Police Lieutenant in the Miami-Llade Police Department (“DEPARTMENT’), WHEREAS, on Jung 14, 2016, FERNANDEZ reosived a Discipiinary Action Report (AR), Contral Number 2016-10509-13790, containing alleged viclstions of COUNTY and/or DEPARTMENT paliey; WHEREAS, the recommended level of discipline regarding DAR. Control Number 2016- 10509-13790 is a ten day suspension; WHEREAS, additional discipline is pending against FERNANDEZ; WHEREAS, the PARTIES are desirous of settling these and all other claims between them and are algo desirous of aveiding further legal and administrative proceedings. WOW, THEREPORE, in consideration of the mutual covenants contained herein, the PARTIES intending to be legally bound do hereby stipulate and agree as follows: 1 The COUNTY will pemit FERNANDEZ to ufllize ber Special Leave Donation through February 28, 2017. be FERNANDEZ will resign/retire from employment with the COUNTY, effective February 28, 2017, al will provide her letter of resignation/retirament as an alfachment to this MOU. Initiate: aF CDP... Employee MD1a, Initials: PERNANDEZ agrees to waive her right to appeal the ten day suspension bnposed as a result of DAR Control Number 2016-10509-13790 and waives any rights to challenge the DAR and the terms of this MOU, including by way of appeal pursuant to Section 2-47 of the Code of Miami-Dade County Hearing Examiner System). ‘The COUNTY will volinburse FERNANDEZ 12 days of pay (6 hours) aa a result of her serving her 10 dey suspension and an additional 2 days of pay to cover two days used in Jima, 2016. Any pending investigations in which FERNANDEZ fs 6 subject shall be resolved withont the imposition of discipline, The DEPARTMENT will rwleass PRRNANDEZ’ personally owned firearm to her when she is legally permitted to possess a firearm. FERNANDEZ agrees in relinquish her Florida law enforcement certification within five business days of her resignation/retirement. No ststement contained herein shall be construed as an admission by FERNANDEZ to the alleged violations of policy contained in DAR Control Roniber 2016-10209-13780. FERNANDEZ understands and agrees that ghe sist not violate any departmental policies for the duration of her employment with the COUNTY. Ie consideration of this MOU, FERNANDEZ, her heirs, executors, administrators, successors and assigns, hereby ivevocably and unconditionally yelease, acquit and forever discharge the COUNTY, its agents, craployses, assigns, successors, administrators, and all other persons, firms, corporations, Employee MDPD =~ 2 ~associations, or partnerships acting by, through, under, or in concert with any of them, of and fiom any and all eherges, claime, complaints, abilities, obligations, cauzss of action, promises, agreements, comroversios, damages, suits, rights, demands, costs, losses, grievances, debts and expenses {including attormey's fees and costs actually Incurred), of any nature whatsoever, known or unknown, suspected or unsuspeeted, Including but not lrlted to, any alleged violation of Title VIE of the Civil Rights Act of 1964, the Americans with Dissbilities Act (ADA, the Age Discrimination In Employment Act (°ADBA*), the Florida Civil Rights Act AFCA”), Pla. Stat. § 112.532 et seq., the Law Enfircement Officer's Bil of Righis, Efhies and Public Trust Commission complaints and any other rights under federal, state, or local laws prohibiting any fora of harassment, intimidation, retaliation, discrimination or bias in employment, wrongfal discharge, demotion or termination or of any other type of claims, which be now hes or which may hereinafter accrue on account of or in any way growing out of any known and anknown, foreseen and unforeseen injuries, damages and the consequences that arise out of the DAR, suspongian, and reimbursement of leave that are the subject of this MOU. ihe The PARTIES retain the right io challenge any violations of the ierma of this MOU. i. ‘This MOU shall nat be used as precedent for the resolution of any other issue or disuipline appeal thet may maw exist or any thet may hereafter arise. 13 The PARTIES agree and state that nc promise, inducement or agreement not expressly contained herein has been made, that this MOU constitutes their entire wie GE Employer MDPIsand finel understanding with respect to the subject maiter of thls MOU, and thet the terms of this MOU are contractual and not a mere rectial. 14, The PARTIES have read thie MOU end fally understand it. py ‘ Signed thie Lo Detember 2016, Miami-Dade Potice Department feet Janet Lewis, Esq. Poliee Legal Bureau Lee Sd ee ‘Attomey for FERNANDEZ. 4 Eemployee MBEBPDEVELYN FERNANDEZ December 16, 2016 duan Perez, Director Miami-Dade Police Department S105 NW 25" Street Miami, PL 3372 RE: Retirement of Police Lieutenant Evelyn Pernanlex Dear Direetor Perez: it is with a heavy heart that due to personal circumstances after a deveted and dedicated career I have decided to retire from my position with the Miand Dade Police Department afiiective Pebruary 28, 20V7. Hf has tely heen an honor serving vou, the citizens of Miomi-Dede County and this Depariment, Sincerely, Exe Se Cotes Evelyn Fernandes * ce: Janet Lewis, Require Senior Burean Commander, Miami-Dare Police Legal Bureau dames. C. Casey, EaquirsEXHIBIT CERS Retirement Eligibility - Miami-Dade County Page 1 of 3 Mianv-Dade County Human Resources FRS Retirement Eligibility Miami-Dade County provides retirement benefits for eligible employees through the Enrollment is automatic for full-time and part-time ihn ions meee oo, employees. ae) resource senor tretiren: The FRS is qualified ander Section 401(a) of the Internal Revenue Code and provides a defined benefit (FRS Pension Plan) and a defined contribution plan (FRS Investrnent Pian} option. Under the defined benefit plan, for every month an employee receives a paycheck, they receive one month of service credit; ifthe employee participates in the defined contébution plan a contribution is made te their account and the employee is responsible for managing their investments. in order to qualify for the retirement benefit, an employee must be vested. Effective July 1, 2011, the legislature amended the retirement plan and redefined normai retirement age and the vasting requiremenis for new members. In addition, FRE members must contribute 3% of their salary towards their retirement benefit, on a pre-tax basis (the salary is reduced by the amount of the employee contribution before determining the federal income tax deduction); the remainder is paid by the employer. Members participating in the Deferred Retirement Option Program (DROP) and re-empioyed retirees who do not qualify for renewed mernbership are not required to make the 3% contribution Members Enrolled in the FRS Prior to July 1, 2011 When you retire, you'll want fo maintain the lifestyle you currently have. Social Security and the Florida Retirement System are not intended to replace ail of your income at retiremeni. It is wise fo start a savings plan naw. The Ds iis atax deferred savings plan that can be used at retirement to supplement your Florida Retirement System and Sociai Security benefit. > Vesting for £5 creditable service. » The average final compensation (AFC) used in calculating retirement benefits will ba the highest 5 fiscal years of salary. + Members of the Regular Class, Senior Management Service Class and Elected Officers’ Class will reach their normat retirement date; 2) Pension Plan benefit eligibility will be after the completion of 6 years of 4. The fiest day of the month the member reaches age 62 and is vested: or 2. The first day of the month following the manth the member completes 30 years af creditable service, regardless of age before age 62. ° Members of the Special Risk Class will reach their normal retirement date: 1. The first day of the month the member reaches age 45 and is vested; or 2, The first day of the month following the month the member completes 25 years of creditable service in the Special Risk Class, regardiess of age before age 5; or http://www-.miamidade.gov/humanresources/frs-retirement-cligibility.asp 12/22/2017FRS Retirement Eligibility - Miami-Dade County Page 2 of 3 a. ‘The first day of the month following the date the member reaches age 52 and completes 26 years of service comprised of Special Risk Class service and up to 4 years wartime military service purchased under Sectiont21.111, Florida Statutes. a Members First Enrolled in the FRS on or After July 1, 2074 * Vesting for FAS is creditable service. + The average final compensation (AFC} used in calculating retirement benefits will be the highest & fiscal years of salary. * Members of the Regular Class, Senior Management Service Class and Elected Officers’ Class will reach their normal retirement date: wit) Pension Plan bénelit eligibitity will be after the completion of 8 years of 4. The first day of the month the member reaches age 66 and is vested; or 2. The first day of the month following the month the member completes 33 years of creditable service, regardiess of age sefors age 65. > Members of the Special Risk Class will reach their normal retirement date: 4, The first day of the month the mernber reaches age 60 and is vested: or 2. The first day of the month fallowing the month the member completes 30 years: of creditable. servios in the Special Risk Glass, regardless of age before age 60; 0 3. The first day of the month following the date the member reaches age S7 and completes 30 years of service comprised of Special Risk Class service and up to 4 years wartime military service purchased under Section $21.11, Fi forida Statutes. Under the defined benefit plan, an employee's annual benefit will be determined by multiplying the years of service by a percentage value and by the average of the five highest years of creditable salary. An employee may retire before reaching normal retirement age. but the annual benefit will be reduced by 5% for each year under normal retirement date. With the defined contribution plan, the employee's benefit amount depends on the investment retums earned on contributions. ft Salaries Exceeding Federal Limits Federal law, under section 401(a)(17) of the Interal Revenue Code, limits the amount of annual safary that may be applied towards retirement under a qualified retirement plan. Employees who initially became members of the FRS on or afier July 1, 1996, are stibject fo a $150,000 limit, incrementally indexed far cost-of-living Increases after 1996. Employees who initially became members of the FRS before July 1, 1998, are subject to a higher limit (also adjusted annually by the IRS to reflect cost-of-living increases}. The current limits are: Date FIOV2O14 Member on or after 7/04/1288. $245,006 Member prior to 7/01/1996 $363,820 Disability Retirement Ratiremeni benefits may be provided to employees with eight years of creditable service who become totally and permanently disabled. Employees who become disabled in the line of duty may become eligible for disability benefits regardiess of their length of service. http:/Awww.miamidade.gow/humanresources/fis-retirement-cligibility asp 12/22/2017FRS Retirement Eligibility - Miami-Dade County Pape 3 of 3 Adiitional information on the FRS is available by calling 1-844-377-1888 of 6 OF wre Kuby supnormmetiene: deferred compensation program. Page Last Edited: Thu Aug 18,2046 5:40:40 PM MIAMPDADE hittp://www.miamidade.gov/humanresources/frs-retirement-eligibility.asp 12/22/2017EXHIBIT DChapter 11-10 Page | of 5 Rev. 02/11/14 CHAPTER 11 - PART 10 - RETIREMENT ACTIVITIES SECTION 1 - GUIDELINES [CALEA 22.2.2a] i. GENERAL A. Purpose B. Authority C. Types of Systems SECTION 2 - DEPARTMENTAL RESPONSIBILITIES tA INDIVIDUAL HL CHIEF FINANCIAL OFFCER A. Chief B. Personnel Management Bureau €. Mementos and Recognition at Retirement D, Mementos and Recognition Other Than at Retirement E. Authorization to release Service Issued Handounis to Retiring Sworn Personnel ANNEXES A. Criteria for Mementos, Sworn Personnel B. Authorization to Release Firearm Acceptance and Hold Harmless Agreement FormChapter {1-10 Page 2 of § Rey. 02/11/14 CHAPTER 11 - PART 10 - RETIREMENT ACTIVITIES SECTION 1- GUIDELINES [CALEA 22.2.2a] GENERAL: It is important to remember that the dignity of employees must be respected at all times. As a result of departmental service, employees are entitled to certain accrued benefits upon retirement. Additionally, individuals must be given duc recognition at their retirement in keeping with the traditions and customs of the Department. To ensure appropriate attendance and recognition at the retirement event, the time and jocation of the presentation will be given appropriate publicity. A. Purpose: Departmental responsibilities and procedures outlined are intended to assist retirees with preparing and processing the appropriate retirement application forms. This part does not address the many unknown variables and: decisions which a person must make prior to the time thai one announces, or circumstances dictate retirement. Problems or situations that deal with personal matters, ¢.g., adjusting to living on a reduced income, are factors which shall be discussed during pre-retixement counseling: sessions. The Department is obligated to process the retirement application as expeditiously as possible and to assist the individual in reveiving a final determination from the Division of Retirement, Department of Administration, State of Florida. B. Authority: q, 2 By 4 Florida Statutes (FS). Chapter 112, Public Officers and Employees: General Provisions FS, Chapter 121, Florida Retirement System (FRS) FRS Rules, Division of Retirement Code of Miarni-Dade County, Division 4. Service-Connected Disability Program, Sections 2- 56.21 through 2-56.27.1 C.. Types of Systems: A, w The FRS was established by enaciment of the FRS Act, on December 1, 1970. Except for specific exceptions enumerated in FS, Chapter 121, participation in the regular or special-risk classes of membership of the FRS is compulsory for all officers and employees of the Miami-Dade Police Department (MDPD) who are elected, appointed, reemployed, or hired on ar after that date. Due to the majority participation in the FRS by employees of MDPD, that system will be discussed in detail. Questions concerning other systems will be directed to the Personnel Management Bureau (PMB), Payroll Supervisor. Other existing systems: a. State and County Officers and Employees’ Retirement System, FS, Chapter 122 b.. Retirement System for School Teachers, FS, Chapter 238 ¢. Highway Patrol pension system, FS, Chapter 321 SECTION 2- DEPARTMENTAL RESPONSIBILITIES INDIVIDUAL: In order for the departmental retiremtent program to be responsive to the needs of those individuals who are considering retirement, it is incumbent upon the individual employce to notify supervisors in the chain ofChapter 11-10 Page 3 of 5 Rev. O2/11/14 command of an impending retirement action and the approximate date. Action can then be initiated by appropriate departmental elements in a timely manner. Individuals shail contact the Payroll Supervisor tv schedule a pre-retirement counseling session at least six months prior to the retirement date. CHIEF FINANCIAL OFFICER: A. Division Chief: The Chief Financial Officer will be responsible for the overall planning, coordination, control, and direction of the departmental retirement program. B.. Personnel Management Bureau: Personnel Management Bureau (PMB) will be responsible for program administration and liaison with concerned or involved outside governmental agencies. This will inclide counseling, coordination, processing, and appropriate follow-up actions: 1. Counseling will be geared to discussion of the employee's. needs (normal, early, disability retirement) and may include the following: a, Retirement options and calculation of benefits, termination benefits, employment or sreemployment restrictions, and calculation of previous contributions, b. Determination of service credit for past and prior service, military buy-back, leave of absence and ont-of-state service, and any other authorized creditable service. c. Cost of living adjustments, FRS and Police Benevolent Association (PBA) health insurance subsidies, death benefits, medical conversion options (county, state, or imdividual}, beneficiary designation, and insurance conversion options. d. Other possible retiremient supplements: c.g, social security, veteran's benefits, federal employee's compensation benefits, and worker's compensation credit benefits. e. Required legal or supplemental documentation. 2. The departmental Payroll Supervisor will establish a retirement folder for the prospective retiree. The folder will serve as the Department's official retirement personnel record during and after termination of service. Contents will include copies of all documents prepared to initiate retirement actions, copies of official records atiendant to termination, retirement check list, and all other transitional documents and materials. ‘The departmental Payroil Supervisor wifl notify the Director's Office, via memorandum, of the employee's prospective retirement date. A copy of ihe notification will be sent to the concerned employee's police major/bureau commander or clement supervisor. C. Mementos and Recognition at Retirement: The Department, as part of the official retirement program, will make formal. recognition of an employee's past service using the following guidelines: i. All personnel including police reserve officers: a. The request for retirement must be approved under honorable conditions. b. Scheduled retirees are to be recognized officially in a formal ceremony at the semiannual sialf luncheon. The ceremony provides departmental staff and other concerned agency personnel, e.g., County Manager's staff or bargaining unit representatives, the opportunity to officially present mementos and other recognition documents to honored retirees. 2. Nonswom personnel: A plaque will be presented based upon the employee having ¢ minimum of six years creditable service or lme-of-duty disability retirement (regardless of length of service).Chapter 11-10 Page 4 of 5 Rev. 02/1/14 The employee will receive an identification card marked Honorably Retired if cligible to reccive benefits immediately upon retirement, An Honorably Served identification card will be issued to employees who defer retirement benetits to a later date. we Sworn. personnel: a. Badges: Upon retirement, sworn personnel, including police reserve officers, are eligible to receive their issued badge encased in plastic and mounted on a stand with a small identification plate attached, and an additional badge marked Retired er Honorably Served. Annex A enumerates criteria for issuance of retirement mementos, b. Identification cards: (1) Ap identification card marked Retired Deputy. Sheriff will be issued to eligible employees who will receive benefits immediately upon retirement. (Q) An identification card marked Honorably Served as a. Deputy Sheriff will be issued to eligible employees who defet retirement benefits to.a Jater date. “This identification card will also be issued to police reserve officers upon their retirement. 4, Procedures: Upon receipt of an PRS application froma full-time employee, or notification of intent to retire from a police reserve officer with a minimum of six years service, the Payroll Supervisor will determine eligibility for badges, identification cards, encasements and plaques, and coordinate requesis accordingly. a. The Payroll Supervisor will notify. the PBA of retiring employers. b. The Payroll Supervisor will advise the Inventory and Supply Unit, via memorandum, of the retiring employee's choice of applicable badge mounting/plaque and the contact person's name and telephone number in the retiring employee's unit. The Strategic Planning and Policing Bureau is the contact unit for polive reserve officers. The Inventory and Supply Unit will coordinate the procurement of these items. The contact person will be notified upon completion/receipt of the items by the Inventory and Supply Unit. wm Presentation: The Payroll Supervisor will coordinate with the police major/bureaa commander or supervisor of the affected employee's major organizational element, PMB Commander, CSD Chief Financial Officer, and appropriate agency and union representatives as to the method of presentation. a, The concerned police major/bureau commander or element supervisor will ensure: that a supervisor is available to present retirement mementos, plaques, and other recognition documents/items to the retiree. b. . Expenses for the luncheon will be ai no cost for the retiree and one guest, such expenses being collected by donation. Other invited guests and attendees will pay the announced rate. c. Official notification and announcement of the retirement ceremony to concerned parties will be coordinated by the Payroll Supervisor. Luncheon scheduling and notification is the responsibility of the Media Relations Bureau. 6. Non-official functions: The above provisions do not apply to any special activities which may be arranged by friends and coworkers for the retiree on a personal basis. D. Mementos and Recognition Other Than at Retirement: Upon leaving the Department under bencrable conditions other than retirement, sworn personnel are eligible to receive the issued badge encased in plastic and mounted on 2 stand with a small identification plate attached in accordance with criteria enumerated in Annex A.Chapter 11-10 Page 5 of S Rey. 02/11/14 1. Sworn personnel may request to retain the issued badge on the Advice of Personnel Action form to the Director through the chain-of-command at least 30 days prior to the date of separation. If approved, the request will be forwarded ta PMB for processing. 2. The Payroll Supervisor will coordinate with appropriate departmental persomnel as to the method of ptesentation. E. Authorization Release of Service Issued Handguns to Retiring Sworn Personnel: The. Miami-Dade Police Department will present service-issued handguns to qualified sworm employees upon their retirement, when requested by the employee, to commemorate his or her prior service with the Department. Annex B, entitled. Authorization to Release Firearm Acceptance and Hold Harmless Agreement, has been prepared for the Personnel Management Bureau (PMB) Gemmender to present to retiring employees who request theit service-issued bende ae wil prospectively iss: ue Gauche retire. due to. medical disability. Swom: ee a Soe by age must have 15 or more years of sworn, Sie fo be clizible to ieoeive their commemorative service-issued arte The Both rs i The retiring employee must present the Agreement. signed by the PMB Major Gommander; to the Miami-Dade Public Safety Training Institute (MDPSTI). The employee will be required to sign the agreement in front of the (MDPSTI) Range Master, or his or her designee, acknowledging receipt of the handgun and accepting responsibility of any future use of the handgun. The Range Master will also sign the Agreement as a wituess to the retiring employee's signature. All completed agreements will be retained by the MBPSTL HE ANNEX A, teria for Mls ants adorn Personnel B. Sidhorivetion te Release Piregrm Accentance and Mold dtarmious Agreement ForEXHIBIT EMiarai-Dade County - Human Resources - Retiree Insurance Topics Page | of 3 Miami-Dade County Numan Resources Retiree insurance Topics a phan af aller is Sontinuation of Insurance after retirement ‘You must complete and submit e Retires Insurance Application to the Banifits Administration Untt to vortinua your onvereye inte retirement. You will be hilles ior these nensfifs after your reiremart dete. Your Opiicesl Le insurance will be cancelied upon your retirement. You can convert up to the total benefit amount, toa whois: the insurance Cerier. information about haw to do so, and the costs Involved will be maiied fo you with Vision insurance wil be cancailed upon your rellremeni, You may eonvert fo an ineividual polley by coniaciing the ‘actly, Information abcut how to da.sa will he mailed ip you with your metirement packet, on, ar Ant hig biliag cake jl & thiy praraurn premiums through the marent ims are due on the firs! day of the imately three months of insurance premiums, site your month. For that reasan, 2 reoorernend that first pansion check may not arrive for agproxirs budget for app aly sixty (80} days from the date of refrernani. H yeu: andor your covered dependent tum 65, audsequerd to your retirement, here will be a change in your preralur deuion is required, you wil masive b ation front us approximately (3) moritt calendar ps ior to yourfor your spouse's 5th & if ne section is required we will send you the month your premium changes. ihly OsNsion Checks lasued by fhe Floride Rett ° FRS check, you must complete a Flayroll A from ys Form and ronit about 60 days thereafter, You ere respor deductions begin. The Insurance dedi ie to sent your payments to ff wil be reflected on your FRS ¢ hituc//www.miamidade. gov/humanresources/retiree-insurance-fags.asp 12/22/2017Miami-Dade County - Human Resources - Retiree Insurance Topics Page 2 of 3 Yous may alsc efect fo pay your preraium by chesk or money order. Payments are due in our office on: the first day of each month. Accounts are subjact to wancellafion # the premium payraent ig not reonived by the 80th day of the month fox which payment is due. Make checks payadis to Board of County Commiszioners and indicale your Soolat Security Number on ad! checks, Health insurance Subsidy (HIS) eligibility Hlighkle retirees rencive $8.00 par rnonth for each year of seniva cretit seamed at retirement: The subsidy is atleast $20 car month and ne more than ohe-hundred Hers ($15G} per month. ihe intended te hel otiae! the oust of your hseii Ineuranne xewerage. You may contact the in of Retirement at (850) 488-4742 for eny Subsidy questions, ar write to: Division of Retreat P.O, Box S006 Tallahaesea, Florida 32315-8000 GO Cancellation of insurance under the Retiree Group You may carcel your menical insurance coverage at any time. The inaurance company or the, Sounty coveraye UNIEas: not canoal your > premiums are not pelt on a finely best +» snverage under the Mastar Contraot is cancelled + you move out of the service area + you ae enralted uader an HMO and become elighhle for Medicare * your covered dependent children mach the contract fi ‘You may only canal your dente! onverage: t cancellation at the and of a calenda: under an HMO Madinane Plan; or + you cancel your entire coverage with the F sSroup Adding spouse io retires health Insurance plan fou You need to apply to add your spouse to your medioatiden date your spouse tases his/her insurance cover en applicants. noe plana within 30 days following the date of marriage or ge. You need fo send us a writien request eng @ rnarriage variificate, Qi Health insurance plan after retires’s death tay contin. nd your dag thelr coverage, as tong as if you die, dagandents covered under your retires medical i lent chiidren until the 18d. Your spouse/DP oan continue indefinite! Canceling Insurance after becoming eligible for Medicare hitp://www. miamidade. gov/humar vesources/retiree-insurance-fags.asp 12/22/2017Miami-Dade County - Human Resources - Retiree Insurance Topics Page 3 of 3 J overage upon becoming eligible for Medicare, dependents covered under your totinee rnadical arxlior dental may continue, as long as timely premium payrnants are received. All cancellalions are irrevocable: once cancelled, covenage vill not be rainstaied. This applies to the AvMed plan as ‘wel as the dental plans. However, your dapendenit(s} may not continue dental coverage Mf you do not elact to continue Cental coverage yourself, Page Last Edited: Wes May 2, 2032 &3&37 PM antl J 3 8 (2017 & http://www. miamidade.gov/humanresources/retiree-insurance-fags.asp 1EXHIBIT FSTANDARD OPERATING PROCEDURE EFFECTIVE DATE PROCEDURE TITLE PROCEDURE PAGE No. Pian Year 2010 Retiree insurance Continuation Ben -S 10f2 For FRS Investment Plan (IP) Participants MAJOR AREAS AFFECTED APPROVED BY REVISES OR SUPERCEDES Benefits Administration Section Marsha Pascual, Director None Risk Management Division Risk Management Division - PREPARED BY Hazel Grace-Dansoh Benefits Administration Mgr. Risk Management Division, GSA INTENT: To modify the eligibility rules for FRS_ IP parlicipanis to enroll in the retiree group insurance in order to provide for hardship enrollments. BACKGROUND: The County allows employees who retire from County service to continue participation in our group insurance programs through the retiree group. Historically, the criteria for participating has been that the individual was receiving a pension from the Florida Retirement System (FRS). The introduction of the Investment Plan posed new challenges for eligibility since there is no way for us to validate that the individual is “drawing a pension” from their investment account. PROGESSING GUIDELINES: The current criteria for retirees to continue medical/dental and/or fife insurance coverage through the retiree group is as follows: 4. For Defined Benefit participants with at ieast 6 years service: Collecting a pension from FRS, or: 2, For Investment Plan participants: Age 59: 1/2 with at least 6 years service. The Age 59 % requirementis consistent with the criteria the State of Florida uses to determine the eligibility of their P participants to participate in their retiree group. The above criteria will continue to be administered. However, recognizing that there may be extraordinary personal situations which may necessitate an employee retiring before meeting these requirements, we are expanding the participating criteria to include participants who experience a premature separation from the County due fo a personal chronic illness. or condition which renders the employee unable to continue employment; or the chronic illness or condition of an immediate family member which requires the employee to terminate employment in order to act as a caregiver. immediate family members are the employee's spouse/domestic partner, natural child/stepchild/child of a domestic partner or parent. in order to qualify for this eligibility requirement, the employee must have a minimum of 25 years regular class service, or 20 years special risk service with the County and be able to provide medical verification of the hardship.2017 NEW RETIREE INSURANCE BENEFITS ELECTION FORM For Retirees Under Age 65 Name: Emp. 1D: Date of Retirement: Address: City, State, & Zip Code: Date of Birth: Phone: E-Mail Address: MEDICAL COVERAGE (]sevecr [5] DEctune 'Fyes, please select (v) one of the following options: ‘Avided HDG | Avited WDE AvMed Avkied Monthly Rates Select Jackson First italy POS High OPLHMO | neue ator aM Retires or Spouse/Domestic Partner Under 85, Cisi2ie6 | (Js stao0 | Js aeart | (os 23030 Retiree Under 85 & Spouse/Domestic Partner Under 65 [9234134 | ()sit47.36 | C)sioqnee | [s 97173 Rolitee Under 658 Child(ren)} Cisa2enoe | [isio5rcs | []s oso30 | (]$ aga.se Retiree Under 65 & Spouse/Domestic Partner Under 65, plus Childfren) Els2rre3 | C]st4036 | []si20163 | [Ist206.12 ‘RAIS Plas ool exile casio ge Dade, Onset & Pata Bash Gouniion Retiree Under 85 & Spouse/DP Medicare Eligible Monthly Rates Aviled ‘AvMed MDC” | Avited HDC {Must be enrolled in Medicare Parts A and B to be elighhte for any of the AvMed over BS. AvMed POS. High Opt HO. Select Jackson First plans) Network HMO" HMO* gh ree eameoneete Panera endr Meiers Et - 1] $1998.28 | 7} $ 4,188.23 Cle verge Retiree under 85 & Spouse/Domestic Pariner over 65 andiar Medicare Eligible - 6 Fetes a over: are (ls 0708 “Aviled Plans and avstahe eitsaie Samy Dada, Crowerd & Fide Beach Counties: DENTAL COVERAGE (]seLect [_] DECLINE ifyes, please select (¥) one of the following options: Monthly Rates { Delta Dental Pian Metlife DHMO (Safequardy* |] Humana - Oral Health Services” | ly Slandard Enaished Standerd Enriched | Standard Entiched Retires Only [Js 3122 CJs 4087 LJs 4222 (Js 73 | (Js 7588 | T }s 1424 Retiree & onedependent | [|S 61.76 js soso | [ [ ]s 203s {Js 2071 | (ysi272 | [Js 23.80 Retiree & dependenis ae Se [}s1942 S 3746 SRR DH antl OFS plans are aot exadadie outside Maré Oiads, Enwant & Pain Boeck Comins if medical and/or dental coverage for {6} is selected, please provide the information below. { ame Relationship ‘SSN 7 pos Sex MIF | Indicate Goverage Selected [ETuedicat —[Jooenat i secs [oe “SP. Spasse, CH-Chiil, OP Deomstic Partner, OPCH Chit of Dames Paxinas” LIFE INSURANCE COVERAGE ["]SELEcT {[] DECLINE ‘The value of the Miami-Dade County Retiree Group Life Insurance Policy is one-time your base annual salary at the time of retirement. The 2017 rate is 1.5 cents per thousand dollars per month. { am aware that it is my responsipility to read and understand the contents af the Reliree Insurance Benefits Handbook available at bitp: www miamidade. covshumanresources/retirees asp. Please sign, date, and mail or fax this form to: “Signature Date Miami-Dade County Human Resources - Benefits Administration FOR OFFICE USE ONLY - EG -E1~ iv 111 NW tot Street, Suite 2374 FRSIPDAF: Needed Not Needed Conv. Letter: Yes. ee NOL Miami, FL 33128-1979 BasicLife Conv Amount$ Optional Life Conv. Amount § a Fax: 305-375-1633 or 305-375-1368EXHIBIT GMemorandum Date: March 8, 2017 To: Helena Denham-Carter, Director Benefits Administration Division Human Resources From: Daniel J. Gonzales, Benefits Supervisor Benefits Administration Division Hurman Resources Subject: Retiree Group Insurance Enrollment Exception We are in receipt of the attached request for the enrollment in the Retiree Group Insurance program for Lt. Evelyn Fernandez ¢37980 of the Miami-Dade Police Department. Ms. Femandez is 45 years old and had 24.08 years of Special Risk Service when she separated from Miami-Dade County on February 28, 2017. Since she does not meet the minimum requirements for service and/or age to be included in the Retiree Group, she is requesting an exception under the attached Procedure Ben — 5. Additionally for your review is her medical documentation, her Investment Plan account statement showing 24.08 years of Special Risk Class and. the Personnel Change Document showing her separation in good status (Code BA). Please review the attached and provide your decision below. Should additional information be required, please do not hesitate to contact me. Approved: Disapproved. : Helena Denham-Carter, Director Date ‘lelenia Denham-Carter, Director Benefits Administration Division Senefits Administration Division AttachmentsEXHIBIT HMiami-Dade Police Department Professional Compliance Bureau 18805 NW 27th Avenue Miami Gardens, Florida 33056-3154 305-627-7100 F 305-627-7127 integrity * Respect —_ Service « Fairness : miamidade.gow March 2, 2017 Evelyn Fernandez 320 Gramello Avenue Unit 304 Coral Gables, FL 33146 Dear Ms. Fernandez: The Miami-Dade Police Department, Professional Compliance Bureau (PCB) is presently investigating an allegation made against you, while you were employed with the Miami-Dade Police Department. Please contact Sergeant Kent Jumey at (305) 627- 7100, within five (5) days of receipt of this notification to schedule an appointment for an interview. Your cooperation in this matter will be greatly appreciated. Failure to respond will result in this investigation proceeding without thp benefit of your information. rely, cts, hristopher Carothers Major a een nine enemy © peng ea meinen ee Certified/Receipt RequestedMiami-Dade Police Department Professional Compliance Bureatt 18805 NW 27th Avenue Miami Gardens, Florida 33