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HomeMy WebLinkAboutO-08865RDk:la 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 MIAMI PVIffW ntearts Pat,lidiM bet *twit §ifitafft, SA* mei trot Miami, bide -tow*, node. IrtAft b PL612064 CbUNtt 8P bAbt baf666 fhb atithef119 pinisfislIst 516 rim Satin WiMina, who oft oilln sir) that anll 6 the Dlr.,. Li Ade Of the MIOhl ROVIWO aftd ant, fietbrd. h daffy (eftelibt Sib SUReit and ,Ffellaggi) hevothaper, PublIt 6 ellt E0111 in Deda County Florld3; that the attached tOpY,Of advet. tfiement. belhg A Legel Advertilertient or Notice IA the MONO b CItY OV MIAMI Re: Otehatice Nd. 8865 th the wait Published in tafd flesvetNitief 1 2t Oct. 17, 1978 COM, the itsuet Of 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. 10RiON SEAL) my Commission expires lune- MR•38 'bit? of MIAMI, BABE COUNtioi PL12121bA LtbAts flatlet Ail thtePettea *1111666 Mike -that bh the itth day Of bEtob4r, On the City oitithittion of MIAMI, PIOPlitit Adopted The t6116*Ittt) fitted OP. dihtitite: 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 •