HomeMy WebLinkAboutO-09209ORDINANCE NO. 9
AN ORDINANCE AMENDING SECTION 40-19
ENTITLED: "PURPOSE AND APPLICABLITY
OF ARTICLE." OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, (1980), AS AMENDED,
TO EXTEND, EFFECTIVE AS OF JANUARY 1,
1975, THE BENEFITS OF THE SYSTEM OF
FEDERAL OLD -AGE AND SURVIVORS' INSURANCE
AS AUTHORIZED BY THE FEDERAL SOCIAL
SECURITY ACT TO CITY OFFICIALS PERFORMING
SERVICE IN ELECTIVE POSITIONS; 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.
WHEREAS, the City Commission adopted Ordinance No. 5740,
on September 6, 1956, extending the benefits of the Federal
Social Security Act to certain employees and officials of
the City of Miami; and
WHEREAS, service in any class or classes of elective
positions were excluded from benefits covered by Ordinance
No. 5740; and
WHEREAS, the provisions of said Ordinance No. 5740 are
now reflected in Section 40-19 of the Code of the City of
Miami, Florida (1980), as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 40-19 entitled: "Purpose and appli-
cability of article." of the Code of the City of Miami, Florida
(1980), as amended, is hereby amended in the following particu-
l/
lars:
"Sec. 40-19. Purpose and applicability of article.
(a) It is hereby declared to be the policy and purpose
of the city to extend, effective as of January 1,
1955, to the employees and officials of the city,
not excluded by law or excepted in this article, the
benefits of the system of old -age and survivors'
insurance as authorized by the federal Social Security
Act and amendments thereto, and by chapter 650, Florida
Statutes, and to cover by such plan all services which
constitute employment as defined in section 650.02,
Florida Statutes, performed in the employ of the city
by employees and officials thereof, except the follow-
ing:
------------------------------------------
l/ Words acid/or figures stricken through shall be deleted.
T Underscored words and/or figures constitute the amendment
proposed.
(1) Service of an emergency nature.
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(3) Service in any class of positions the compen-
sation for which is on a fee basis.
(4) Service performed by employees who are members
of the city employees' retirement system.
(5) Service in any class of part-time positions, a
"part-time position" being defined as one which
does not normally require more than five hun-
dred (500) hours of work in any 12-month period.
(b) Effective as of January 1, 1975, the aforesaid bene-
fits of the system of old -age and survivors' insur-
ance as authorized by the federal Social Security Act
and amendments thereto and hereafter and by chapter 650,
Florida Statutes, are extended to city officials per-
forming services in the employ of the city in elective
positions."
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.
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. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a vote of not
less than four -fifths of the members of the Commission.
PASSED AND ADOPTED this 26
ATTEST:
ZLP G. ONGIE
TY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
day of November
MAURICE A. FERRE
M A Y 0 R
APPR AS TO FORM ND�ORRECTNESS:
GEOR F. KNOX, JR.
CITY. TTORNEY
Ya
. 1980.
lo
INTER-CFFICZ '4FMORANCUM
kichard Fosmoen October 30, 1980 rILc
City Manager
Social Security Coverage for
Elected Officials
Carlos Garcia
Acting Finance Direc r
It is recommended that the attached Ordinance
be passed amending Ordinance Number 5740,
adopting Federal Social Security coverage for
City employees. This amendment will include
elected officials who were excluded in the
previous ordinance.
Although Ordinance No. 5740 excluded elected officials from the Social
Security coverage, the City has taken social security deductions from
most elected officials and reported those earnings to the Social Security
Administration.
During the last social security audit the Division of Retirement of the
State of Florida indicated the need to amend Ordinance Number 5740 if
elected officials chose to participate in the Social Security program.
We are hereby proposing this ordinance be passed and adopted retroactive
to January 1, 1975, which is the date statutes of limitations establishes.
CEG : hb
Attachment
cc: George F. Knox, City Attorney
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9209 I
MIAMI REVIEW
AND OAILT MOM
M10
PubHalled daily"OW day, Sunday
Mia(M, Oada County, Florlde.
StAft OF FLOIpDA
coutm OF OADE:
Before the undersigned authority pen appeared
Dianne Stuver, who on oath a" that Me !ethe
Publisher of the Miami Reviser and Daffy Record, a daily (except
Saturday, Sunday and LegN Holidays) newapapw, pubNaw at
Miami In Deft County, Florida; that the attaefled copy of advar-
tlsament, being it Legal Advertisement or NOVO In the matter of
CITY OF MIAMI
Re: Ordinance 9209
In the X X X . Court,
was published in said newspaper In the issues of
December 4, 1980
AMianl further says that the said Miami Review and Daily
Record Is a newspaper published at Miami. In sold Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dods County, Florida, each
day (except Saturday, Sunday and Legal Holldeys) and has
been entered as second class mall mallow at 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 ad-
vertisement; and effiant further says that 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.
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SWOrn to and Subscribed fore me this
_4 ' w.. 80
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c, Rpc��1i beyre
r'y p' 9C t ate Florida at Large
My Commroswn tepee "1 nt 16. 1982
MR-101
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LEGAL NOTICE
to
All interested will take notice that on the 26th day of
Nov�er
1980, the City Cowtesion of Miami. Florida passed and adopted IlLn
following titled ordinance: r.
ORDINANCE NO. 9 Z 09
AN ORDINANCE AMENDING SECTION 40-19
ENTITLED: "PURPOSE AND APPLICABLITY
OF•ARTICLE." OF THE CODE OF THE CITY
Of MIAMI, FLORIDA. (1980), AS AMENDED,
TO EXTEND. EFFECTIVE AS OF JANUARY 1,
1975, THE BENEFITS OF THE SYSTEM OF
FEDERAL OLD -AGE AND SURVIVORS' INSURANCE
AS AUTHORIZED BY THE FEDERAL SOCIAL
SECURITY ACT TO CITY OFFICIALS PERFORMING
SERVICE IN ELECTIVE POSITIONS% CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND DISPENSING VITH THE REQUIREMENT
OF READING SAME ON TWO SEPARATE DAYS BY A
VOtE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
a '
seas ism' ¢ RALPH G. ONCIE
O�
CITY CLEAR
CITY OF MIAMI, FLORIDA
Publication of this Notice on the 4 day of November IIbO
1214 MOO.120426