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10/10/78
ORDINANCE No,
8865
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS
OF THE MIAMt CITY GENERAL EMPLOYEES' RE-
TIREMENT PLAN (ORDINANCE N0, 5624), MAY 2,
1956, AS AMENDED), AS APPEARtNG IN CODIFIED
FORM AS A PART OF CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE
PARTICULARLY AMENDING SECTION 109 OF SAID
CHAPTER BY ADDING AN ADDITIONAL PROVISION
THERETO PROVIDING THAT IF A MEMBER CANNOT
FULFILL THE AFORESAID CONDITIONS AND RE-
QUIREMENTS OF THIS SECTION WHICH ARE NECES-
SARY FOR RESTORATION OF SERVICE CREDITS,
HE OR SIZE MAY NEVERTHELESS BE PERMITTED TO
REDEPOSIT SERVICE CREDIT UP TO A MAXIMUM
OF FOUR YEARS; FURTHER, PROVIDING THIS SUB-
SECTION SHALL APPLY ONLY TO THOSE MEMBERS
WHOSE SEPARATION FROM PRIOR EMPLOYMENT SHALL
HAVE BEEN UNDER HONORABLE CONDITIONS: FURTHER
PROVIDING THAT SHOULD A MEMBER DECIDE TO
RESTORE SERVICE CREDITS UNDER THE HEREIN SUB-
SECTION, SAID RESTORATION SHALL BE MADE USING
THE MEMBERS CURRENT RATE OF COMPENSATION
EXCLUDING INTEREST AS THE BASIS FOR DETERMINING
THE COSTS INVOLVED: CONTAINING A REPEALER
CLAUSE, A SEVERAB1LITY PROVISION AND PROVI-
DING THAT THE REOUIREMENT 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.
WHEREAS, the Miami City General. Employees' Retirement
Plan (Ordinance No. 5624, May 2, 1956, as amended), was not in-
cluded as a portion of the Code of the City of Miami, Florida,
effective September 1, 1967, as adopted by Ordinance No, 7585
(July 25, 1967); and
WHEREAS, said Plan now exists in codified form as it
appears in Chapter 2 of the Code of the City of. Miami, Florida
1967; and
WHEREAS, any addition or amendment to said Plan can
thus be made by reference to the section designations as they
appear in Chapter 2 of the Code of the City of !liami, Florida,
1957, as amended;
NOW, TITER] FORE, BE 1T ORDAINED BY TUB COMMISSION OF TIIF
CITY OF MIAMI, FLORIDA;
Section 1, The Mianti City General Ffnployees' ltetitethettt
Plan (Ordinance Nos 56243 May 23 1.957, as attended) as appears
in codified form as a part of Chapter 2 of the Code of the City
of Miami, Florida; 1957, as atnetided4 is hereby further amended
itt the following particulars: 1/
Section 2-109, Benefits,
* * * * * * * * * * * !4 * * * * * * * * * * * *
Restoration of service credits to certain re-
employed former members,
* * * * * * * * * * * * * * * * * * * * * * * * *
(17)(g) If a member cannot fulfill the
aforesaid conditions and requirements of
this section which are necessary for res-
toration of service credits, he may never-
theless be permitted to redeposit for
service credit up to a maximum of four
years. This subsection shall apply only
to those members whose separation from
JLrior employment shall have been under
honorable conditions. Should a member
decide to restore service credits under
the herein section, said restoration shall
be made using the member s current rate
of compensation excluding interest as the
the basis for determining the costs involved.
Section 2. All ordinances, code sections, or parts
thereof 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 affect the remaining portions of this ordinance, and
it shall be construed to have been the intent of the Commission
of the City of Miami to pass this Ordinance without such unconsti-
tutional, invalid, or inoperative part therein, and the remainder
of this Ordinance after the exclusion of such part or parts shall
be deemed and held to be valid as if such parts had not been in-
cluded therein,
Underscored words %'onstitute the amendment proposed, Remaining
provisions of Section 2=1O9 are now in effect and remain un-
chang,d,
8865
becOMe
Section 4, The proVisions Of this Ordinance shall
Of feCttkfre On the 12th clay of Novtmber
1518
Section 5, The requitement Of teading this Ordinance
on two separate days is hereby dispensed With by a vote of not less
5
than four -fifths of the members of the Comthission.
PASSED AND ADOPTED this 12" day Of OCTObtk ,1978,
MAURICE A, FERRE
ATTEST:
MAYOR
(<1; 0.291
RALPH ONGIE, CITY CLERK
APPROVED AND1PREPARED BY:
C.,
ROBERT D. KLAUSNER
ASSISTANT CITY ATTORNEY
APPR AS TO FORM AND CORRECTNESS:
GEORGE F
CITY AT
KNOX, JR.
NE?
V. 8865
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Afflant further shy' that the Said Miami Review
And Daily Record N a newspaper published et Miami,
In Said Dade County, Florida. and that the geld hews.
Paper has heretofore been continuously published In
said bade County, FlOrida, each day (except Saturday.
Sunday and Legal Holidays) and has been entered es
second class mail matter at the PoSt officelh miartil•
In said Dade County. Florida, for a period ot one year
herd preceding the first publication of the attached
Copy of
vertisement; and afflant Wither says that
Ither paid nor promised any pinion. firm
or COr7 ion any discount, rebate, commission or
rerun the purpose of securing this Advertisement
for p iJ catlon in the sa r.
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BABE COUNtioi PL12121bA
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City oitithittion of MIAMI, PIOPlitit Adopted The t6116*Ittt) fitted OP.
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OK 151 NAt.itt N. lebt
AN OROINANCE AMENbING CElltAIN SUBSEttIONS OP
THE MIAMI eltY GENERAL EMPLOYEES' ftEtIREMENt
PLAN teiftbINANCE NO. S624), MAY, 2, 1056, AS
AMENbtb), AS APPEARING IN teibIPIE0 PollM AS A
PAR? OP CHAPTER 2 OP tHE CODE OF tHE CitY.
MIAMI, PLORI5A, At AMENOtb, MORE PARtICULARLY
AMENDING SECTION 109 OF SAID C14APtER BY AbbING
AN AtibitiONAL PROVISION •tHEREt0 PROVIbING
tHAt IF A MEMBER eANNOt FULFILL tHE AFORESAID
ebNbITIONS ANtio REOUIREMENtt OF?MIS SECTION -
WHICH ARE NECESSARY FOR REStORATION OP WI,
Vitt CREDitS, HE OR SHE MAY NEVERtHELESS BE
PERMIt?Eb tO PEOEPOSIT SERVICE CREtili UP TO A
MAXIMUM OF POUR YEARS; PURTHER; PROVIDING
?HIS SuB•SECtIoN -SHALL APPLY ONLY To THOSE
MEMBERS WHOSE SEPARATION PkoM PRIOR EMPLoY, '
MEW* SHALL HAVE BEEN UNDER HONORABLE CONbl.
TIONs; FURTHER pRovibING THAT SHOULD A
MEMBER tiECIbt to REStORE stkv1eE CREbIts
• UNDER THE HEREIN SUB -SECTION, SAlb REStORATION
SHALL BE MADE USING THE MEMBER'S CURRENT
RATE OF COMPENSATION EXCLUbiNG INTEREST AS
tHE BASIS FOR DETERMINING THE COStS INVOLVED:
CONtAINING A REPEALER CLAUSE, A SEVERABILItY
• PROVISION AND PROVIDING THAT THE REQUIREMENT
. OF READING THIS oRbiNANcE oN TWO sEPARAtt
DAYS is HEREBY blsPENsEb WITH BY A VOTE OP NOT
LESS THAN FOUR-PIPTHs OF THE MEMBERS OF THE
COMMISSION.
6$4.4kpH G. oNGIE
City cLERK
City OF MIAMI, FLORIDA
Publication of this Notice on the it day of October 1978
10/17 ' M1017541
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