The URL can be used to link to this page

Home My WebLink AboutO-11392J-95-842 I 7/15/96 ORDINANCE NO. 11392 AN ORDINANCE AMENDING THE CITY CODE, RELATING TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST; MORE PARTICULARLY AMENDING SECTION 40-239 TO PROVIDE FOR COMPLIANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 40, entitled "Personnel", Article IV., Division 3, Section 40-239(F) of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ "CHAPTER 40. PERSONNEL ARTICLE IV. PENSION AND RETIREMENT PLANS Division 3. City of Miami General Employees' and Sanitation Employees' Retirement Trust i� Words and/or figures st,!icken through shall be deleted. Underscored words any figures shall be added. The remaining provision- now in effect and remain unchanged. Asterisks indicate xy and unchanged material. 11392 "Sec. 40-239. Benefits. (F) Accidental retirement. or service incurred disability (1) Any member in service who age —e€- fifty i:ve (55) , had been totally and permanently incapacitated for duty as the natural and proximate result of an accident, occurring while in the actual performance of duty, at some definite time and place, may be retired by the board for accidental disability; provided that: (a) Such incapacity for duty has been total, permanent and continuous from -a-ti.:=e-p re to (b) The physician retained by the board, after a medical examination of such member, shall certify in writing that such member is mentally or physically totally and permanently incapacitated for further performance of duty in the service of the city in accordance with the definition of total incapacity for duty; (c) The board shall concur with the report of the physician retained by the board; and (d) The physical condition of the member shall be subject to a review by the physician retained by the board, at the request of the board, as often as the board shall deem it advisabler (5) Any member in service who is not eligible for a service retirement allowance and who becomes totally and permanently incapacitated for duty as the result of a condition or impairment of health caused by tuberculosis, hypertension or heart disease, which condition is not shown to be the result of any accident or condition of employment so as to qualify under paragraph(1) of this subsection, which shall be presumed to have been incurred in the line of duty, unless a physical examination upon entering service revealed that such condition existed at that time, may be retired by the board for service -incurred disability; provided that the physician retained by the board, after a medical examination of such member, shall certify that such member is totally 2 - if,192 incapacitated for further performance of duty in accordance with the definition of "total incapacity for duty" as defined in this subsection. (a) Upon retirement for service -incurred disability, a member shall be entitled to receive a retirement allowance equal to two (2) percent of ninety (90) percent of the member's average final compensation, multiplied by years of creditable service, provided such retirement allowance exceeds forty (40) percent of the member's average final compensation, otherwise, a retirement allowance equal to two (2) percent of ninety (90) percent of the members average final compensation, multiplied by the number of years which would be creditable to the member were the member's service to continue until the attainment of normal retirement age, provided further that the resulting retirement allowance shall not exceed forty (40) percent of the member's average final compensation. (b) A member entitled to receive a service - incurred retirement allowance shall not be eligible for a return of contributions as provided in section 40-239(I), nor for optional allowances as provided in section 40-239 (L) . (7) When deciding whether to grant an accidental or - service -incurred disability retirement, the board shall obtain any and all available information, including, but not limited to, medical reports which the board deems necessary in order to assist the board in arriving at its decision. * * * if Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. - 3 - 11392 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 25th day of July , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of September , 1996. A ES PREPARED AND APPROVED BY: LINDA RICE CHAPMAN ASSISTANT CITY ATTORNEY JO OLLO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. INN J NES, II CIT ATt/OANEY W063:LRC:mis - 4 - 11302 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: DATE: Honorable Vice -Mayor and Members of the City Commission SUBJECT: FROM: REFERENCES: Cesa io City ger ENCLOSURES: JLIL 16 1996 Pension Ordinance Modifications Section 40-239 FILE : It is recommended that the City Commission approve the attached ordinance amending Section 40-239(F) of the Miami Code to provide for compliance with the Age Discrimination and Employment Act (AREA). In June 1994 an EEOC complaint was filed against the General Employees and Sanitation Employees Retirement Trust (GESE) alleging discrimination under the ADEA. In reviewing the complaint, it has been determined by the GESE Trust's attorney, and in concurrence with the City Attorney's Office, that the current language of Section 40-239(F) violates the AREA by denying a member who has attained the age of fifty five ( 55 ) an accidental or service incurred disability retirement. It is therefore requested that the City Commission approve the attached ordinance amending Section 40-239(F) to provide for compliance with the AREA. 1. 1 RV S 1 CITY OF Mrf 11v FLORIDA LEGAL lFAOTICE MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI CRnINANCE NO. 11392 In the ..... D=........................ Court, was published In said newspaper in the issues of Sep 25, 3_996 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in sold Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In sold Dade County, Florida, for a period of one ext preceding the first publication of the attached cop f a ertlaement; and affiant further says that she has neiteor p d nor promised any person, firm or corporation nysnt, rebate, commission or refund for the purpose of Mg this advertisement for publication in the said Sworn to and subscribed before me this A.D. 19.0.... (SEAL) OFFICIAL NOTARY SEAL v Sookis William �.TT LLERENA SP nail wn�� f n CoulasoON NUMER CC566004 Mr COMMISSION EXPIRES FOF FLOC JUNE 23.2000 All interested persons wiN take notice that on the 12th day of September, 1996, the City Commission of Miami,, Florida, adopted the following titled ordinances: ORDINANCE NO.11399 AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORD- NANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25 1996; CONTINUING AND REVISING'PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1995-1996; PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAIN- ING A REPEALER PROVISION AND A SEVERA 31UTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11390 AN ORDINANCE ESTABLISHING THREE (3) NEW SPECIAL REVENUE FUNDS ENTITLED: 'JTPA TITLE IIA NET NEIGHBOR- HOODS JOBS PROGRAM (PY' 96)',, 'JTPA TITLE IIC NET NEIGH- BORHOODS JOBS PROGRAM (PY 16)', 'JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY Ve)' AND APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $500,000, $200,000 AND $700,000 FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS; SAID FUND APPROPRIATIONS TO BE RETROACTIVE TO JULY 1,19M AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVEAABILITY CLAUSE. ORDINANCE NO.11391 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: 'DADE COUNTY EMS GRANT AWARD (FY '95/96)', AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN, THE TOTAL AMOUNT OF $288,900, CONSISTING OF A $158,376 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITA- TIVE SERVICES 'GRANT PROGRAM FOR COUNTIES', AND $130,524 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS, PURPOSE; CONTAINING A REPEALER PROVISION AND 'A ,mm ABILITY CLAUSE. ORDINANCE NO AN ORDINANCE AMENDING THE ChiTOODE, RELATING TO THE CITY OF, MIAMI GENERAL EMPLOYEES' AND SANITATION EMP- LOYEES' RETIREMENT TRUST; MORE PARTICULARLY AMENDING SECTION 40-239 TO PROVIDE FOR COMPLIANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA); CONTAINING A REPEALER PROVISION AND A SEVERABRM CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11393 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: 'CLEAN VESSEL ACT GRANT PROGRAM DINNER KEY', AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $50,000.00 CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM DEP AND TO EXECUTE THE NECESSARY DOCU- MENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.11394 AN ORDINANCE ESTABLIS LING A NEW SPECIAL REVENUE FUND ENTITLED: 'CLEAN VESSEL. ACT GRANT PROGRAM - MdfMARIINA', AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $39,900.00 CONSISTING OF A G FROM THE FLORIDA DEPARTMENT:OF ENVIRONMENTAL P TION (DEP); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM DEP ANt1 TO EXECUTE THE NECESSARY DOCU- MENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND'A SEVERA -MY CLAUSE. - ORDIINANCE NO.11393 AN EMEF112ENCY ORDINANCE, WITH ATTACHMENTS, ESTAB- LISHING A SPECIAL FUND ENTm-ep -MTIM8 OF CRIME ACT; AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $31,061.00, CONSISTING OF ;A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEYGOWRAL: At)7HORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO�EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM.ACCEPT- ABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILRY CLAUSE. All Interested persons win take notice that on the 16th day of September; 1996, the City Commission of Miami, Florida, adopted the following titled