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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01501
Final Action Date:
AN 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 IDENTIFY CERTAIN EVENTS AS REEMPLOYMENT
OF RETIREES; MORE PARTICULARLY BY AMENDING SECTION 40-255(L), TO
CLARIFY THE CIRCUMSTANCES UNDER WHICH RETIRED EMPLOYEES CAN
RECEIVE COMPENSATION FROM THE CITY OF MIAMI; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE,
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 40-255(1) 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.
(I)
Reemployment of retirees. Except as expressly provided herein, should any
retiree be reemployed by the city in any capacity as into any a regular,
permanent, full-time employment position as defined in Section 40-241
the benefits payable under this Plan shall be suspended
during the period of re-employment. Upon termination of the period of
re-employment with the city, benefits shall be automatically restored, as
provided for in this Plan, on the first day of the month following the
termination of re-employment. No additional vesting period shall be required.
City of Miami Page 1 of 2 Printed On: 1/6/2006
4
' File Number: 05-01501
Effective November 1, 2001, this section shall not apply to city commission
and mayoral assistants and secretarial staff positions, as described in Civil
Service Rule 1, Sec. 1.2(a), authorized in the city budget for the offices of the
mayor and members of the city commission; or to any employment other
than with the city. Employees in the above job classifications may opt to
continue collecting their pensions during their re-employment, but they may
not accrue any further pension service credit. This section shall not apply to
retirees who enter into legal agreement with the City of Miami either through
written contracts or otherwise for services not defined as full time, permanent
employees of the City of Miami.
*I,
Section 2, All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. 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 4 This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPRO ED £,S TO FORM AND CORRECTNESS
A4*di
JORGE E ' NANDEZ
CIT A OR EY
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 Printed On: 1/6/2006