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Home My WebLink AboutO-08842RDK+ i a 7/18/78 ORDINANCE NO. 8842 AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OP THE MIAMI CITY GENERAL EMPLOYEES RE- TIREMENT PLAN (ORDINANCE 6624, MAY 2, 1956, As AMENDED), APPEARING IN CODIFIED FORM AS A PART or CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTIC- ULARLY AMENDING SECTION 109 OF SAID CHAPTER BY ADDING AN ADDITIONAL PROVISION THERETO PROVIDING THAT ANY LABORER, WATCHMAN, OR CUSTODIAL WORKER WHO DID NOT PARTICIPATE IN THIS PLAN PRIOR TO APRIL 1, 1955, MAY ELECT TO PAYBACK FOR SERVICE PRIOR TO SAID DATE; FURTHER PROVIDING THAT ANY EMPLOYEE WHO BECAME ELIGIBLE TO JOIN THIS PLAN ON SEPTEMBER 1, 1962, AND WHOSE MEMBERSHIP IN SAID PLAN WAS DELAYED DUE TO THE ADMIN- ISTRATIVE PROCESSES OF THE CITY MAY PAY BACK FOR THE PERIOD FROM SEPTEMBER 1, 1962, UNTIL SAID APPLICATION WAS PROCESSED; SAID PRIOR SERVICE SHALL NOT BE APPLIED TOWARD THE REQUIREMENTS FOR ORDINARY DISABILITY BENEFITS; FURTHER, ANY IN LINE OF DUTY INJURY SUCH AS WOULD BE REQUIRED TO RECEIVE ACCIDENTAL DIS- ABILITY BENEFITS MUST OCCUR AFTER THE COM- PLETION OF SAID PAYBACK AT THE HEREIN PRO- VIDED RATE; SHOULD ANY ELIGIBLE LABORER, WATCHMAN, OR CUSTODIAL WORKER DECIDE TO PAY BACK UNDER THE HEREIN SECTION, SAID PAYBACK SHALL BE MADE USING THE EMPLOYEE'S FORMER RATE OF COMPENSATION TOGETHER WITH ACCUMU- LATED INTEREST AT THE RATE OF FOUR PERCENT (4%) AS THE BASIS FOR DETERMINING THE COSTS INVOLVED; FURTHER PROVIDING THAT NOTICE OF INTENT TO PAY BACK UNDER THE HEREIN SECTION MUST BE FILED IN WRITING WITH THE RETIREMENT BOARD OR ITS DESIGNEE WITHIN FIFTEEN (15) YEARS FROM THE EFFECTIVE DATE OF THIS ORDI- NANCE; CONTAINING A REPEALER CLAUSE, A SEVERABILITY PROVISION AND AN EFFECTIVE DATE. WHEREAS, the Miami City General Employees' Retirement Plan (Ordinance No. 5624, May 2, 1956, as amended) was not included 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 CITY COMMISSION MEETING OF QRpINANCE HP............ 1i1$EAE+INQ .. ... tnA RF,AP NG., 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 Miami, Florida, 1957, as amended; NOW, THCRtpORt, Bt I1 ORDAINED BY THt COMMISSION Op THt CITY OF MIAMI, FLORIDA: Section 1, The Miami City General Cmployees' Retirement Plan (Ordinance No. 5624, May 2, 1957, as amended) as appears in codified form as a part of Chapter 2 of the Code of the City of. Miami, Florida, 1957, as amended, is hereby further amended in the following particulars: 1/ Section 2-109. Benefits. * * * * * * * * * * * * * * * * * * * * Paybacks (21) Any laborer, watchman, or custodial worker who did not participate in this Plan prior to April 1, 1955, may elect to pay back for service prior to said rate. Any laborer watchman, or custodial worker who became eligible to join this Plan on Sep- tember 1, 1962, and whose membership in said Plan was delayed due to the adminis- trative processes of the City may pay back for the period from September 1, 1962, until said application was processed. Said prior service shall not be applied toward the requirements for oroinardisability benefits. Further, any in line of duty injury such as would be required to receive accidental disability benefits must occur after the completion of said payback at the herein provided rate. Should any eligible laborer, watchman, or custodial worker decide to pay back under the herein Section, said payback shall be made using the em- ployee's former rate of compensation toge- ther with accumulated interest at the rate of four percent (4%) as the basis for deter- mining the cost involved. Notice of intent to pay back under the herein Section must be filed in writing with the Retirement Board or its designee within fifteen years of the effective date of this Ordinance. Section 2. All ordinances, code sections, or parts there- of in conflict herewith, insofar as they are in conflict, are hereby repealed, 1/ Underscored words constitute the amendment proposed, .Remaining provisions of Section 2-109 are now in effect and remain unchanged, 8842 Section 3. If any settionl Sentence§ Clautt§ phrate§ Or work of this ordinance it 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 construed to have been the intent of this 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 exclusion 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 provisionsof this Ordinance shall become effective on the 14th day of October , 1978 PASSED ON FIRST READING BY TITLE ONLY this JULY 8 197 27 day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14 day of SEPITMEMR , 1978 , ATTU': 1(37 CITY CLERK PREPARED AND APPROVED BY: /-) ROBERif D, KLAUSNER Assistant City Attorney GEOR City MAURICE A. FERRE. MAYOR ED AS TO FORM AN CORRECTNESS: ÷ F, KNOX, JR, ttorney 8842 MIAMI REVIEW AND GAILY ateerib ISubtished daily except Saturday, tin Ay and Legal Holidays Mlaml, bade County, Florida. Si'AtE OF FLOi9ibA COUNtY OF I ADE: Before the undersigned authority peraoh8ll ap- peared Sarah iNIlliarns. who on oath WI that She li the Director of Legal Advertising of the M18thi Review and Daily Record, a daily (eltcept 58turdayy, Sunday and Legal Holidayt) newspaper, publithld.,at WPM In Dade County, Fiorld8; that the attached copy of Adver- tisement, being a Legal Advertisement or Notic8 ih the Matter of CITY OP MIAMI Ref Ordinance No. 8842 xxxx in the Court, was published in said newspaper In the Istues of Sept. 21) 1978 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 pubiished lh said Dade County, Florida, each day (except Saturday. Sun. day and Legal HolidaySi and has been entered a5 second class mail matter at the post office In Miami, ih said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant further says that she has neither .aid nor promised any person, firm or corpora. pur se f securing Iscount, rebate, commission or refund for the this advertisement for publication newspaper tion apt • ttttt ,►lei Sworn to and.•stRsObTdAef rtnie this ...21S.t.. a of ' �.0.J7*....� D. 19. ..78. G• rW ' Y tea.`♦♦ Notaryr . jcCSAil ehip tgje (SEAL) geth LUiti ttt, My Commission expires Septer*OteSAIRN►.t•t t * • .. N co N CITY OP MIAMI, bADt COUNTY, PLORibA LEGAL NOTICE Ali interested will take notice that on the i4th day of September, 1978 the City Commission of Miami, Floride adopted the following titled ordinance: ORDINANCE NO. 8842 AN ORDINANCE AMENDING GENERAL SUBSECTIONS OF THE MIAMI CITY GENERAL EMPLOYEES RETIREMENt PLAN (ORDINANCE 5624, MAY 2, 1956, AS AMENDED), AP - FEARING 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 ADDINGAN ADDITIONAL PROVISION THERETO PR., OVIDING THAT ANY LABORER, WATCHMAN, OR CUSTODIAL WORKER WHO DID NOT PARTICIPATE IN THIS,PLAN PRIOR TO APRIL 1, 1955, MAY ELECT TO.PAYBACK FOR SERVICE PRIOR TO SAID DATE; FURTHER PROVIDING THAT ANY EMPLOYEE WHO BECAME ELIGIBLE 10 JOIN THIS PLAN ON SEPTEMBER 1, 1962, AND WHOSE MEMBERSHIP IN SAID PLAN WAS DELAYED DUE TO THE AbMINISTRATIVE PROCESSES OF THE CITY MAY PAY BACK FOR THE'<. PERIOD FROM SEPTEMBER 1' 1%2,- UNTIL SAID AP- PLICATION WAS PROCESSED; SAID PRIOR SERVICE SHALL NOT BE APPLIED TOWARD THE REQUIREMENTS;,;: FOR ORDINARY DISABILITY BENEFITS; FURTHER, ANY IN LINE OF DUTY INJURY SUCH AS WOULD BE RE- QUIRED TO RECEIVE. ACCIDENTAL DISABILITY BENEFITS MUST OCCUR AFTER THE COMPLETION OF SAID PAYBACK AT THE HEREIN PROVIDED RATE SHOULD ANY ELIGIBLE LABORER, WATCHMAN, OR CUSTODIAL WORKER DECIDE TO: PAY BACK UNDER THE HEREIN SECTION, SAID PAYBACK SHALL BE MADE USING THE EMPLOYEE'S FORMER RATE OF COMPEN- SATION TOGETHER WITH ACCUMULATED INTEREST AT THE RATE OF FOUR PERCENT (4%) AS THE BASIS FOR DETERMINING THE COSTS INVOLVED;' FURTHER' PROVIDING THAT NOTICE OF INTENT TO PAY BACK UNDER THE HEREIN SECTION MUST BE : FILED IN WRITING WITH THE RETIREMENT BOARD. OR. ITS DESIGNEE WITHIN FIFTEEN (15) YEARS FROMTHE EF- FECTIVE DATE OF THiS ORDINANCE; CONTAINING A REPEALER CLAUSE, A SEVERABILITY PROVISION AND AN EFFECTIVE DATE. RALPH G. ONGIE CITY CLERK: CITY OF MIAMi, FLORIDA Publication of this Notice on the 21 day of September 1978. 9/21 M 092102 MR•52 t, Itntihh (1. titi^te. Clerk of its City of t'ni, pin t ties 11 ,: ii,t the .Ai day of A. t5. 1,) a i.tlt, tru: i n3 cttrrcCt cap, ttl tii: -,b •tve and „ ch :nce µnv p,a,,te t at the tic: ;t•t C)aof of the Ua,ic t. au+ttty C.,u+t }to:,se at the rt 4_ p d•. dcd for ttotik s nstd pubic a.ions try attaching said c:_vy tt the ptuua tti.tvi.Ied therefor. WIT 'S my ha, nd the Jo `, t sent ut sari citx this .,„„tluy of • Joseph R. Oras5ie city Manager Rose Gordon, Chairperson • Retirement Plan 14'i Amt. ' ttivi01:,./-Af•IOU4 0-u1y 183 1978 L Plan Ordinance Amendment I(LURZ. Please scnedule the Ordinance amendment attacned hereto for consideration during the next City Commission meeting. SPecir:iC Prior Plan Boards nave authorized paybacks for individuals covered under this Ordinance. However, noI language existed in tne Plan wnich expressly authorized the Board to approve tnese paybacks. The Board's attorney has advised that this express language is required. The maximum cost exposure associated with this ordinance is $147,000, annually. This represents an increase in the unfunded accrued liability of $3,014,b00. However, it is not anticipated that all members will take advantage of this provision. •