HomeMy WebLinkAboutLegislation FR/SRSecond Reading Ordinance
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00520 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', MORE PARTICULARLY BY AMENDING SECTION 40-255(M), TO
EXCLUDE THE APPOINTED CHARTER POSITIONS OF CITY MANAGER, CITY
ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK FROM
PENSION FORFEITURE PROVISIONS; 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. Chapter 40, Article IV, Division 3 of the Code of the City of Miami, Florida, as amended,
is further 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.
(m) Reemployment of retirees. Except as expressly provided herein, should any retiree be
reemployed by the city into 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
reemployment. Upon termination of the period of reemployment 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 reemployment. No additional vesting period shall be required. Effective
City of Miami
Page 1 of 2 File Id: 13-00520 (Version: 1) Printed On: 4/17/2013
File Number- 13-00520
November 1, 2002, this section shall not apply to city commission and mayoral assistants and
secretarial staff position, 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. Effective June 1, 2013, this section shall not apply to the positions of
City Manager, City Attorney, Independent Auditor General, and City Clerk, as described in
sections 15, 21, 48 and 49 of the City Charter. Employees in the above job classifications may
opt to continue collecting their pensions during their reemployment, 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 either through written contracts or otherwise for services not defined as
full-time, permanent employees of the city.
Section 3. If any section, part of a 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}
APPROVED AS TO FORM AND CORRECTNESS:
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 Id: 13-00520 (Version: 1) Printed On: 4/17/2013