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HomeMy WebLinkAboutO-09355• Wr�. ORDINANCE N0, 3 0_v AN ORDINANCE AMENDING SECTION 40-207t EN- TITtPD "BENEFITS" OF THE CODE OF THE CITY OP MIAMI, PLORIOA, AS AMENDED, BY ADDING A NEW SUBSECTION (P) TO THEEND OF SAID SECTION, ENTITLED "RESTORATION OF ;SERVICE CREDIT FOR PRIOR CONTINUOUS SERVICE", WHICH PROVIDES THAT ANY MEMBER WHO HAS CONTINUOUS EMPLOYMENT SERVICE WITH THE CITY PRIOR TO BECOMING A MEMBER OF TIDE MIAMI CITY EMPLO- YEES' RETIREMENT SYSTEM MAY ELECT TO CLAIM MEMBERSRIP CREDIT FOR SUCH PRIOR SERVICE UPON PAYMENT OF CONTRIBUTIONS IN THE MANNER PRESCRIBED HEREIN CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO .SEPARATE DAYS. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 40-207, entitled "Benefits", of the Code of the City of Miami, Florida, as amended, relating to the Miami City Employees' Retirement System, is hereby amended by adding a new Subsection (P) to the end of said Section, which reads as follows: "(P) Restoration of Service Credit for Prior Continuous Service Any member who has continuous service with the City of Miami prior to becoming a member of the System may elect to claim membership credit for such prior service provided that such member pay back for said prior continuous service in the following manner: (1) If it has been determined that an error occurred (which resulted in a delay in enrollment in the Sys- tem) and such error was through no fault of the mem- ber and there is no evidence that the member had been - offered an opportunity to pay back at the time such error was discovered, then the payback shall be com- puted at the rates prevailing at the time the error occurred, with regular interest thereon to date; (2) if it has been determined that no error occurred (which resulted in a delay in efitolltheftt in the Sys- tem) or that such error did occur and was the fault ,of the member or there is evidence that such error was not the fault of the member but he/she had been offered an opportunity to pay back at the time such error was discovered and chose not to elect to pay back at that time, then the payback shall be co-m- pute6 at current rates without interest. Such payment is to be made either in a lump sum or prorated over a period not to exceed five (5) years from the date such member receives the Board's verification of the amount of contributions required to be paid. Payment of contributions re- quired hereunder must be completed in order to have creditable membership service granted hereunder com- puted as a basis for allowance of any disability,, death or retirement benefits pursuant to any section of this division of the Code." Section 2. All ordinance, code sections, or parts there- of in conflict herewith, insofar as they are in conflict, are .hereby repealed. Section 3. If any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not be construed to have been the intent of the Commission of the City of Miami'to pass this ordinance without such unconstitutional, invalid, or inoperative part therein, and the remainder of this ordinance after the exclu- sion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 4, The requirements of reading this ordinance on two separate clays is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission, 2 PASSED AND ADOPTED this 1.0__-, daY Of bI=CEM8LR, 1'981,, MAYOR ATTEST! PREPARED AND APPROVED BY: joh,J,,�" CopblAn,',tlr. Ass"tant City Attorney — APPROVED AS TO FORM AND CORRECTNESS: GeV)tF. Knox, Jr. City torney 0 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF bAbE: Before the undersigned authority personally appeared Dianna Stuver, who on oath says that she is the Assistant to the Publisher of the Miami Review and Daily Record, a dally (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 Notice — Dec. 10, 1981 Re: ORDINANCE NO. 9355 In the ........... Y..X ..,. _. ...... . .......... Court, was published In said newspaper in the issues of Dec..15.,:..19.81 .............................. Afflant further says that the said Miami Review and Daily Record is a newspaper published at Miami in said 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 mail matter ai the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and alfiant further says that she has neither paid nor promised any, person.firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and, subscribed before me this 15.'tbday of _ ., ..DeC ... , A.D. 1s. 81 i. Betty J. Brooks ary Public, Slate o1 Florida at Large (SEAL) My Commission expires June,1, 1983. MR 110 -61TV OP MIAM14 Dtlb� �t�UN�Y, �`6ti`A'IbiA L16AL N6116E All IMereglcd will lake h6"tidd "itl6t d(1 th@.i0th fly of badoffibct, iSlit; the City Comth lion of.Mia.rhi, PlPfldA Aftt6d tt1A 16116wl116 titled 6tdihAhde§: ORDINANCE NO.0394 AN EMERGENCY ORi31NANCE AMENOING_.it&ION 1:0F ORDINANCE No. AIM ADOPT'��i OOT"b8ER_ 26 " 101tL,1HE .. SUMMARY GRANT AOOA013RIATIONS ORDINAN0F_ AS AMENDED; BY tMUISHiNG A NEW TRUSt ANb A(3ENCv FUND ENTITLED "!%82 ASTA. WORLD TRAVEL CONOA049"; , APPROPRIATINO FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $50,000 TO BE RECENEID FROM THE "GAEATER MIAMI HOST COMMITTEE,- INC:'; ;FOR tHE "PURPOSE OE DEFRAYING THE COST OF PROVIDING COORDINATIOW POR THE CONGRESS: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO. 0355 AN ORDINANCE AMENDING SECTION 40.20T, ENTITLED "BENEFITS" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; BY ADDING A NEW SUBSECTION (P) To THE END OF SAID SECTION; ENTITLED "RESTORATION OF SERVICE CREDIT FOR PRIOR CONTINUOUS SERVICE", WHICH PROVIDES THAT ANY MEMBER WHO HAS CONTINUOUS EMPLOYMENT SERVICE WITH THE CITY PRIOR TO BECOMING A MEMBER OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM MAY ELECT TO CLAIM MEMBERSHIP CREDIT FOR SUCH, PRIOR SERVICE UPON PAYMENT OF CONTRIBUTIONS IN THE MANNER PRESCRIBED HEREIN CONTAINING A REPEALER PROVISION . AND A SEVERABILITY- CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON Two" SEPARATE DAYS. ORDINANCE NO, 9356 F i AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT i APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY. FUND ENTITLED: "STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14", AND APPROPRIATING FUNDS FOR".THE OPERATION OF SAME IN THE AMOUNT OF $21,140; CONTAINING: A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND,. DISPENSING WITH, THE REQUIREMENT OF READING; SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT' LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION..., ORDINANCE, NO. 9357 AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO: 9321 ADOPTED SEPTEMBE13 24, 1981, THE ANNUAL;.` APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR GENERAL OBLIGATION BONDS IN THE AMOUNT OF $151,198 AND BY INCREASING REVENUES, IN THE SAME AMOUNT- FROM FY '81 DEBT SERVICE FUND.:,,, BALANCE FOR THE PURPOSE OF PROVIDING FUNDING TO PAY FOR $151,198 OF ADDITIONAL INTEREST PAYMENTS FOR FY '82; CONTAINING. A REPEALER PROVISION; AND q SEVERABILITY CLAUSE, ORDINANCE NO. 9358 AN ORDINANCE AMENDING SUBSECTION (A) AND (B),OF .: . SECTION 53-118 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; RELATING TO THE CITY TAX UPON ADMISSIONS . TO THE MARINE.STADIUM, (COMMODORE RALPH E. MUNROE MARINE' STADIUM); BY PROVIDING FOR CERTAIN CHANGES, TO TAX RATES FOR ADMISSIONS FOR THE USE OF THE MARINE STADIUM; ESTABLISHING THE REQUIREMENT_THAT PROSPECTIVE USERS MAKE. - NONREFUNDABLE CASH__ DEPOSITS; FURTHER ESTABLISHING NEW FIATES FOR POWER BOAT RACING, ROWING CHAMPIONSHIPS, PHILHARMONIC,' CONCERTS; MUSICALS, STAGE SHOWS;. ROCK CONCERTS,': BOAT SHOWS, MARINE TRADE SHOWS; ETC- BY CHANGING,,: .FROM A "MINIMUM GUARANTEE AGAINSTA.N ADJUST.ABLE`' PERCENTAGE OF ADMISSIONS TAX SYSTEM" TO "A SY,$1EM:' OF VARYING MINIMUM GUARANTEES OR PERCENTAGES.OF ADMISSIONS BASED ON THE TYPES OF EVENTS; ALL'.,LESS ANY FEDERAL; STATE, OR LOCALLY IMPOSED TAX; FURTHER: ?. DEFINING EVENT COSTS COVERED. AND NOT COVERED BY THE CITY TAX ON ADMISSIONS; FURTHER.P,ROVIDINO FDR'A SPECIAL MULTIUSE MINIMUM GUARANTEED FEE; CONTAINING' A REPEALER PROVISION AND A SEVERABIOTY CI;AUSE AND DISPENSING WITH; THE REQUIREMENT QP,READINI SAME , " ON TWO SEPARATE ,DAYS' I3Y' A VOTE OF NQT :1 F$$ THAN FOUR FIFTHS OF THE MEMBERS QF THE COMMISSION fatY F'1'i A41PH .G Of1GIE w CITY QLERK CITY ,O.F MIAMI,'FLAf�I(�l� Publication of 1No n9 loo an the 1,5 0i1y,,Qf i?ea@mPerr 1 1 , 'to: Howard Cary 2A72: November 1$3 1981 F«A: City manager si; ?ie:ur: Payback Ordinance P F: o V G Elena Rodrigues Pension. Administrator sr,ccosG,�cs: Recommendation It is recommended by the Miami City Employees' Retirement System Board that the proposed ordinance amending Ordinance #2230 (System) to provide for for the restoration of service credit for prior continuous service dealing with errors on enrollment dates be adopted by the Miami City Commission, Background Currently, instances of restoration of continuous service credit dealing with errors on enrollment dates have been handled individually by the Miami City Employees' Retirement System Board. This is a cumbersome and time consuming process. The proposed ordinance will provide a uniform pattern of dealing with errors on enrollment dates and will be administered by the pension office. Most of the adjustments range from a few days to a month and are caused by administrative processing delays. A similar ordinance is in effect in the Miami City General Employees' Retirement Plan and it is functioning properly. The adoption of this ordinance will not incur any additional expense to employees or the City of Miami. The Miami City Employees' Retirement System Board, at their meeting of November 5, 1981, approved the enclosed payback ordinance. ER: j s --cc Bob Clark, Law Dept.