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Ordinance: 13381
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00520 Final Action Date: 6/13/2013
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
City of Miami
Page 1 of 2 File Id: 13-00520 (Version: 1) Printed On: 8/30/2017
File Number: 13-00520 Enactment Number: 13381
termination of reemployment. No additional vesting period shall be required. Effective
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.
*II
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}
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: 8/30/2017