HomeMy WebLinkAboutO-08685ORDINANCE NO 86 84
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF
THE MUM/ CITY GENERAL EMPLOYEES' RETIREMENT
PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS
AMENDED); AS APPEARING IN CODIFICATION FORM
AS A PART OF CHAPTER 2 OF THE CODE OF THE 'CITY
OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE
PARTICULARLY AMENDING SECTION .109 (14) OP SAID
CHAPTER 2 BY ADDING AN ADD-ITIONAL PARAGRAPH
THERETO PROVIDING I'OR A SUPPLEMENT TO A SUR-
VIVING SPOUSE'S RETIREMENT ALLOWANCE WHERE A
MEMBER DIES WHO HAS NOT RETIRED BUT WHO HAS
BECOME PLIGIBLE FOR NORMAL SERVICE RETIREMENT
BENEFITS OR EARLY SERVICE RETIREMENT BENEFITS,
SUCH SUPPLEMENT CONSISTING OP AN ADDITIONAL
PENSION PAYMENT EQUAL TO 1% OF AVERAGE FINAL
COMPENSATION FOR EACH YEAR CT SERVICE OR FRACTION
THEREOF THAT SUCH MEMBER SERVED AS THE CITY
MANAGER, ASSISTANT`CITY MANAGER, CITY CLERK,
EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD,
EXECUTIVE SECRETARY OP THE PLANNING AND ZONING
BOARD, CITY PHYSICIAN, CITY ATTORNEY, ASSISTANT
DIRECTOR OF THE DEPARTMENT OF LAW OR AS DIRECTOR
OR ASSISTANT DIRECTOR OF A DEPARTMENT ESTABLISHED
BY THE CHARTER OF THE CITY OR BY ORDINANCE AS
AUTHORIZED BY SUCH CHARTER, SUBJECT TO A MAXIMUM
OF 10%; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the Miami City Employees' Retirement System
and the Miami City General Employees' Retirement Plan (Ordinance
No. 2230, December 6, 1939, and Ordinance No. 5624, May 2, 1956,
as amended) were not included as a portion of the new Code of the
City of Miami, Florida, effective September 1, 1967, as adopted
by Ordinance No. 7585 (July 25, 1967); and
WHEREAS, said system and plan now exist in the codified
form as they appear in Chapter 2 of the Code of the City of Miami,
Florida, 1957, as amended, in addition to basic ordinance form; and
WHEREAS, any addition or amendments to said system and
plan can thus be made by reference to the section designations as
they appear in said Chapter 2 of the Code of the City of Miami,
Florida, as amended; and
WHEREAS, Ordinance No 03'8 pm tded that upon service
Reticement, a System or Plan member who quell Led by nerving in
an executive position shall receive an additional 1% of final
compensation for each year he has served in said position, to a
maximum of 10%, with this benefit being characterized as the
Executive Emolument; and
WHEREAS, subsequent to the adoption of -Ordinance No 8038,
Ordinance No, 8431 was passed which provided that when any member
Soho has become eligible for Early Serviee or Normal Service Retire-
ment dies, such member shall be considered retired on the date of
death, and providing further for the payment of 40`✓0 of the member's
mothtyretirement allowance to the member's spouse; and
WHEREAS, an employee's death prior to retirement after
many years of faithful service should not deprive the employee's
surviving spouse of any benefits that have been earned; and
WHEREAS, present pension ordinances do not provide for
the Executive Emolument to be included in the Calculation of the
retirement allowance payable to the spouse of a member that died,
who was eligible for Early Service Retirement; and
WHEREAS, by protecting the member's spouse from depriva-
tion of any benefits, including the aforementioned Executive
Emoluments, members will thereby be encouraged to remain in City
employment and reduce unnecessary and wasteful turnover in the
City work force; and
WHEREAS, the cost of guaranteeing receipt of the herein
supplemental pension to surviving spouses will be offset by the
savings from effective retention of trained personnel and the
monies to meet said cost, if any. shall come from the general ad
valorem tax monies of the City of Miami, as previously approprL4Ced
in the Special Programs and Accounts and Community Programs
(Contingent Fund); and
WHEREAS, recognising thin situation the Retirement Board
of the Miami City General Employees Retirement Plan, at their
July 8, 1977 meeting, recommended that a Special Appropriation
in the General Fund be established to supplement the spouse's
retirement allowance by payment of the •additiotal Executive Emolu*
went as provided in Ordinance No. 8038, in the event of the death
of a qualified member who dies prior to service retirement and
who is eligible for Early Service Retirement,
NOW, THEREFORE, 8E IT ORDAINED 8Y THE COMMISSION OP
THE CITY OP MIAMI, FLORIDA:
Section 1, The Miami City General Employees' Retirement
Plan (Ordinance No. 5624, May 2, 1956, as amended) as said Odinarnce,
as amended, appears in codification forth as a part of Chapter 2
of the Code of the City of Miami, Florida, 1957, as amended, is
hereby amended by adding an additional paragraph at the end of
Section 109(14) of Chapter 2 to read as follows:
"In addition to the aforesaid payment there
shall also be paid to such person a pension equal
to 1% of the average final compensation for each
year of service or fraction thereof that such
member served as city manager, assistant city
manager, city clerk, executive secretary of the
civil service board, executive secretary of the
planning and zoning board, city physician, city
attorney, assistant director of the department of
law or as director or assistant director of a de-
partment established by the Charter of the City
or by ordinance as authorized by such Charter,
provided that he or she shall have served in
any of such capacities for a total combined period
of not less than three years, subject, however, to
maximum of ten years service."
Section 2. All ordinance, code sections or part thereof
in conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section 3. If any section, sentence, clause, phrase or
word of this ordinance is for any reason held or declared to be
unconstitutional, invalid, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this ordinance,
and it shall be construed to have been the intent of the City
Commission to pa n this ordinance without such umconstitutignall
invalid, or inoperative part thereins 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.
PASSED ON FIST READING BY TITLE ONLY this 2mi day
of 1 1977.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this _210 . day of,u1y , 1977.
ATTEST:
CPREPARED AND APPROVED BYes
4
110BERT F. CLARK,
ASSISTANT CITY ATTORNEY
Maurice A. Perry
tf A ? 6 A
In accordance with Section 4,
Paragraph (f) the requirement
of reading this ordinance on
two separate days was dispensed
with by a four -fifths vote of
the members of the City Com-
mission.
Roll Call of Votes
Ayes:
Commissioner Reboso
Commissioner Gibson
AP 0 D AS TO FORM AND CORRECTNESS: Commissioner Plummer
Mayor Parra.
CITY A A.RNEY
NOES:
Commissioner Gordon.
MIAMI REVICW
AND DAILY AUDIO
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user eentt,arbeeing a Leges ,,dvettltement of Ndtie ill
CITY OP MIAMI - Ordinance No, 8685
tit Amending certain subsections of the
t MI., C itY-5 11. , EMP atgs'.,.hetirement
1n the XXXX COUrt,
was pu�b
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AVIEt 5,i 1977
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Affliht Softer says that the said Mlefnl Review
end Dilly Retotd is a newspaper published at MIAMI.
In said oDdde County, Florida, and that the told 'hews.
piper has hetetolote been centinuOUtly pub (shed In
sold bade County. Florida, each day (except SetUrdey,
Sundey and Legal Holidays) and has been entered as
second Oast mail mutter at the post office In MIIMI,
in sold Dade County, Florida for a period of One Yea►
next preceding the first publitati0h Of the attached
Copy of advertisement; and affiant futthot says that
Wien,she hat neither paid nor promised any Wien,'Om
er corporation ally discount, rebate. COmMission Ot
refund for the urpose of securing thlt edvirtitement
tot publleetion In the Bald r.
t EAt1
My Commission expl
P1nn, etc*
CITY. OP MIAMI, DADE COUNTY, FI.bRioA
LEGAL NOtiCE
All Irtere%frd will fake nofite that Oh the end day at AUgutt.1977 the
City Cbnfr►iftslbn of Mieffli, Fibf td8 adopted the'fellowing fitted 8r+
dinencet:
ORDINANCE NO,116t13
AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF
THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT
PLAN (ORDINANCE NO.5624, MAY 2,1956, AS AMENDED);
AS APPEARING IN CODIFICATION FORM AS A PARTOF
CHAPTER 2 OP THE CODE OF THE CITY OF MIAMI,
FLORIDA, 193f, AS AMENDED; MORE PARTICULARLY
AMENDING SECTION 104 (14) OF SAID CHAPTER t BY AD-
DING AN ADDITIONAL PARAGRAPH THERETO
PROVIDINGFOR A SUPPLEMENT TO A SURVIVING
SPOUSE'S RETIREMENT ALLOWANCE WHERE f1
MEMBER DIES WHO HAS NOT RETIRED BUT WHO HAS
BECOME ELIGIBLE FOR NORMAL SERVICE RETIRE.
MEN' BENEFITS OR EARLY SERVICE RETIREMENT
BENEFITS, SUCH SUPPLEMENT CONSISTING OF AN AD•
DITIONAL PENSION PAYMENT EQUAL ;TO- 1%;•OF
AVERAGE FINAL COMPENSATION FOR EACH YEAR OF
SERVICE OR FRACTION THEREOF THAT SUCH MEMBER
SERVED AS THE CITY. MANAGER, ASSISTANT CITY
MANAGER, CITY CLERK, EXECUTIVE SECRETARY OF
THE CIVIL SERVICE BOARD,EXECUTIVE SECRETARY
OF THE PLANNING AND ZONING BOARD, CITY PHY,SI.,
CIAN, CITY ATTORNEY, ASSISTANT DIRECTOR OF tea
DEPARTMENT OF LAW OR AS DI RECTOR OR ASSISTANT,
DIRECTOR OF A DEPARTMENT ESTABLISHED BY THE
CHARTER OF THE CITY OR BY ORDINANCE AS
AUTHORIZED BY SUCH CHARTER. SUBJECT TO`A•MAX•
IMUM OF 10%; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE
. RALPH G..ONGIE:
CITY CLERK
MIAMI, FLORIDA
Publication of MI; notice on the Sth day of Augulf, 1977,
efs M lIo$071
Ralph O. estigle, tiertt of the City at Mt rtotittok
teby certify that ott the.a 'day
b. 19 .'.??It toll, true And tntteCt envy f the nbovi
id totegoitig ordimirfte *AS potted tt litt South Dm*
the bade County Cowl Ilium in die Nord peuvided
Pt notices and publiectent by MOM% Mid copy ft
* place provided IherAter•
WlIVESS illy of ud the Metal seal tg
ity
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