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City of Miami
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Legislation
Ordinance
File Number: 10-01033
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
(4/5 THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND
RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST," TO PROVIDE FOR A LIMITED EARLY
RETIREMENT PROGRAM; MORE PARTICULARLY BY AMENDING SECTION
40-255; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 40-255 of the Code of the City of Miami, Florida, as amended, is amended in
the following particulars:{1}
"CHAPTER 40
PERSONNEL
ARTICLE IV. PENSION AND
RETIREMENT PLAN
DIVISION 3. CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST
Sec. 40-255. Benefits.
(a) Service retirement.
(2) Any member shall be considered eligible for a service retirement upon attaining the earliest
of the following:
City of Miami Page I of 2 File M: 10-01033 (Version: 1) Printed On: 8/27/2010
File Number: 10-01033
a. The completion of ten years of credited service and the attainment of age 55; or,
b. Rule of 70 retirement. The completion of a combination of years of creditable service plus attained
age equaling 70 points. To be eligible for this benefit, the member must have completed not less than
ten years of creditable service.
c. Effective September 1, 2010, and for a period of thirty (30) days thereafter, an early retirement
program shall be implemented in accordance with this section Any member with ten or more vears of
credited service whose age plus years of credited service equal 64 or more as of September 30 2010
is eligible to elect to retire and receive benefits under the service retirement provisions of § 40-255 (a)
Any eligible member who retires under this early retirement program must submit a request in writing
no later than September 29, 2010, and retire and separate from City employment no later than
September 30, 2010. Members who retire under this early retirement program may not participate in
the Deferred Retirement Option Plan (DROP) as provided in section 40-255 (1) This section shall
have no further application or effect on and after October 1 2010
Section 2. 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 3. This Ordinance is declared to be an emergency measure on the grounds of urgent
and public need for the preservation of peace, health, safety, and property of the City of Miami, and
upon the further grounds of the necessity to make the required and necessary payments to its
employees and officers, payment of its debts, necessary and required purchases of goods and
supplies, and to generally carry on the functions and duties of municipal affairs.
Section 4. The requirements of reading this Ordinance on two separate days is dispensed with
an affirmative vote of not less than four-fifths (4/5ths) of the members of the Commission.
Section 5. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRCS
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Irl. 10-01033 (Version: 1) Printed On: 8/27/2010