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Home My WebLink AboutO-08898/IS Ink116 11/15/78 ORDINANCE NO, 8898 AN ORDINANCE AMENDING THE MIAMI CITY EMPLOYEES1 RETIREMENT SYSTEM (ORDINANCE NO. 2210, JANUARY 14 19404 A.8 AMENWE0). AS APPtAgINO IN CODIVICATtON VORM AS A PART OF CHAPTER 2 OF TI1I CODE or THE CITY OF MIAMI4 PLOR1DA4 1951, AS AMENDED. MORE PARTICULARLY AMENDING SECTION 89A AS AMENDED Ot SAID CHAPTER 2 PROVIDING A PROCEDURE Volt PAY BAC( OF SERVICE CREDITS POR MILITARY LEAVE BY REQUIRING THE PILING OP A VORM WITH THE BOARD CONTAINING AN _ELECTION TO EXERCISE THIS OPTION. FURTHER PROVIDINC THAT SAID FORMS SHALL BE SENT TO ELrctnr MEMBERS BY REGISTERED MAIL UPON THE MEMBERS COMPLETION OF TEN YEARS Or CREDITABLE SERVICE: FURTHER PROVIDING THAT SAID FORM snALL BE RETURNED TO THE BOARD WITHIN THIRTY (30) DAYS OF RECEIPT BY THE MEMBERS. FURTHER PROVIDING THAT SAID PAYBACK MAY BE MADE IN A LUMP SUM OR INSTALLMENTS NOT To EXCEED rtvr YEARS: FURTHER PROVIDING THAT IP ANY MEMBER WHO ELECTS TO MARE SAID PAYBACK BECOMES ELEGIBLE FOR DISABILITY RETIREMENT PRIOR TO COMPLETING SAID PAYBACK. THE DISABILITY BENEFIT SHALL BE REDUCED BY THE OUT- STANDING BALANCE. CONTAINING A REPEALER CLAUSE, A SEVERABILITY PROVISION. AND AN EFFECTIVE DATE. WHEREAS, the Miami City Employees' RetirementSystem- - (Ordinance No. 2230, January 1940, as amended), was not In-- . cludedas a portion of the new Code of the City Of'Miami, Florida, effootiveSeptember 1, 1967, as adopted by Ordinance No. 7585 (July 25, 1967): and WHEREAS, said System now exists in codified' form .as it appears in Chapter 2 of the Code of the City of N1an. Florida, 1957, as amended, in addition tobasic ordinance form: and WHEREAS, any addition or:amendment to ,said System can 0)13: be made:by reference to the section dOsignatiOris'as.they appear in Chapter 2 of the Code of the City of 1iam1 Florida, 1957, as amended;' NOW, TDEREFORE, BE IT ORDAINED flY TDE CO1MI8SION OF THE CITY OF MIAMI, FLORIDA Section 1, The Miami City Employees' Retirement -System (Ordinance No, 2230, jimiarY 1. 194D, as amen404), as PPear in codified form as a part .of Chapter 2 of the Code of the City Of riorfdal 1.95), At ditittdATI4 is hereby further aitettded in the lowing partictilarst 1/ Section 7,039, Service Creditable * * * * * (7) If jnernber of the System elects tc5 payback under the herein section, said payback shall be made by filing the prescribed form with the Board containing the electiot. Said form shall be sett to eligible members by registered mail upon a member's completion of ten years creditable service. Said form shall be returted to the. Board withit thirty (30) days after receipt by the member. Paybacks may be made in lump sum payment or installment payments provided that said install- ment shall not exceed five years, If, however, any member who elects to make said payback becomes elegible for disability retirement prior to the completion of said nayback, the dis- ability benefit shall he reduced by the out- standing_ balance. * * * * * * * * * A Section 2. All ordinances, codeaections, or parts thereof in conflict herewith, insofar as they are in conflict, Ore hereby -,repealed. Section 3. If any section, sentence, clause, phrase, or work of this ordinance is for any reasOn held ordeciaredto:: be .unconstitutional, inoperative, or void, such holdinvor in- validity' shall not affect the remaining portions Of this ordinance, and it shall -have been- construed to have been the intent:of the Commission of the City of Miami to pass this-:prdinancewitheut. such unconstitutional, invalid, Or -inoperative part therein, and the remainder of this ordinance after the exclusion ofsuehpart orparts shall be deemed and held to be.yali4 -as if such 1/ Words stricken through shall he deleted, 'Underscored words eonstitn,te the amendment proposed. Remalnifig provisions of Section 2-89 are now in effect and remain nnehanged, 8898 MAMICE A PERRE 1978, s 1979. MAURtCt A. FERRtt MAYOR parts had not beet included thtitt Section 4. The requitement of reading this orditaftee on two sepate days is hereby dispetsed with by a four fifths vote of the tembers of the COfflitii§.810ftt Sectloh 5. The ftteVi8i0b8 of this o ditatde shall 1ieteH effective oft the day of PAS8ED ON PilAST ittAbINO '.tittt OMNI this 1,L, day of JANPAY 1A8Stro ANI) ADOPTtb ON StCOND AND PINAt ttEADISC BY TITIag ONLY this 22rid day of rebruary 1979. ATTEST: RALP .9rIt CITY CLERK PREPAR14 APPROVED t. ROBERT D. KLAUSNER, A,”.I ANT CITY ATTORNE 1. APPROVED AS TO FORMAND CORRECTNESS: EORC P.'KNOX,CITY ATTORNEY 889$ f f t!ttettpi' terfur8gf, tea* •LPI)Itt Midtret y$ 11iir1yfti`i, Da tI t" totilft,, Florida. 5?ATE'OP 'P'LOMOA COUNTY OP DAbt y 1�5yeaie8 S fgf V l der , *PI8 on bath Says 'that 9R9 it ife• 'birtetf el L€$aI Adttp►Hsfreg at'the MibrrilPetrie* An'a �alr} ei:lrra, a 8811?'.(9,efist Satutdet, Sunaa !lttd Legal F�dlfday3) hei/40111 sr itblltcti& 111 Mitimi 1ri bade Coulttyy, 1=lortda; that the at -fed ea ebbs eif adv€r• tisetlteitt being a Legal Adyer tiiehienf or Notice in The Mattel* Of. CITY OP MIAMI ttet ' t rdittahce Nth 8898 1R the Court, wM published in Said newspaper in the istue3 of i ebi, 274 1979 Affiaht further SayS that the Said Miatni Qeview and ba)ly Retried IS a Newspaper published et M)attii, i Said 'bade County, Florida, and that the Said newspaper has heretofore been . tontinuouSly published ih said bade County, P► eide, each day (except Saturday, Sun- day and Legal Hotideyi) and has been entered as Second class retail matter at the post office in Miami, in said bade County, Floods, for IS perlod of one year next preceding the first 'publication of the atiached "copy Of advertisement, and atfiaht further says that she has 'neither .aid nor promised any person, ftrm or corpora- tion a • IScouht, rebate„torrimission or refund for the 'WOO f Securing this ad ccIW)ient for. Publics ton in the ie newSPap: M�s C h S e rworrtetitit tabArrieebqo e this 27th, yal :Febr.uary' 4(i)19179.. Sf •Becky Cask 1t Not&y g tnje,eitate bI i'{,ioriit. at, urge (SEAL) , , My Commission expirestegtgrpJtq e. 1981. MR-50 L. AYf imillentedittli 9444 Balk! th ttithpfilthifSy,151.Pe treri, 419 The Z)ft• tr'aft`irt�tiSiiifi MiAtttt, panda preside Otte ba/14e11tneitlttisw• iitg tilled 'ordinal • 012bINANt "N6: OM AN ORbINANCE AMENbING THE M1AMI tlTr EMPLOYEES'. Ri" TIREMEN? S't'StEM 10190(NANtE kb. - MO,JANUAi3Y1, i940, AS AMENDED), At APPEARING IN CODIP1CATION;PORM.At APART OP CHAPTER 2'DF'THE - CODE OP-.TWE CITY, tSt=''.MiAMI, FLORIDA; MI, AS AMENDED: MORE PARTICULARLY AMENDING SECTION i19, A9 AMENDED P 5AIb CHAPTER -2r'PROVIDING ;A • PROnbURE POR PAYBACK OP SERVICE CREDiTSPOI9 MILITAkfw;-LEAVEBY RECJUtRING.:THE PiLUNG .6P A WIT H TH THE 'BOARb CONTAINING AN ELECTION TO ExERCISE.THIS,OPTIbN;' Pl1RTHER PROVIDING THAT SAIb PORMS.SHALL BE SENT 1-0 ELEGIBLE MEMBERS eY REGISTEi2Eb-MAIL UPON t}}11E MEMBERS tOMP1.1 1iON OP' YEN YEARS- OP,CREDITABLE SERVICE: • FURTHER :PROVIDING THAT SAID, 1=ORM SHALL PE RETURNEb TO THE 'BOARD WITHIN THIRTY (30) bAYs - OP RECEIPT BY THE MEMBERS: FURTHER PROVIbING, THAT,SAIb PAYBACK MAY BE MADE IN A LUMP SUM bR INSTALLMENTS'NOT TO 'EXCEED PIVE.,YEAi2S;' POTHER PROVIt51NG THAT IF ANY MEMBER.WHO. ELEC1 S 'TOMAKE SAib PAYBACK BECOMES ELEGIBLE POR bIsABILrTY RETIREMENT, PRIOR -TO COMPLETING SAID PAYBACK, THE DISABIUtY BENEFIT -.SHALL BE REOUCEb BY THE OUTSTANDING- BALANCE, ZONtAIN• ING`A REPEALER CLAUSE, A SEVERABILIt Y PROVI• SION, ANb AN EFFECTIVE DATE. . RALPH G. ONGIE CitY CLERK CITY OP MIAMI, FLORIbA:, Publication of this. Notice on the 2f day of February; 1474: 212f WO 022728 CITY ;r •ZinA is TO: Joseph R. Grassie City Manager Elena Rodrigue2, Secretary Retirement System January 5, 1979 Re: Changes to ORD. #2230, Section 89, Chapter 2, "Providing a Procedure for Payback of Service Credits for Military Leave" The Retirement Board of the Miami City Employees' Retirement System moved, by an unanimous vote,on their 9-21-78 meeting, to have the City Attorney prepare legislation for an Ordinance change that will better define the procedures for payback of service credits for military leave. Their recommendations were as follows: 1) To amend the Ordinance to include the passage "By filing with the Board a form which contains an election to pay back said contribution. The form shall be sent tc the applicant by registered mail and must be returned to the Board within 30 days of receipt." 2) Form will be sent to all members upon completion of 10 years service. 3) Form will allow individual to pay back in lump sum, or over a five year period. 4) Form will specify that in the event the member elects to pay back and is subsequently awarded a disability retirement, payment must be completed before retirement. The above changes are needed to avoid future conflicts that may arise due to the lack of guidelines. Please schedule this Ordinance for adoption by the City Commission. 1