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Home My WebLink AboutO-08360RAs/dP§ i2/27/14 C Atv' Oi2DIi`IANCE AM :NbINd CERTAIN SIIFISEC TtoNS OF Tilt MAW CtT t EMPLOYEES htTIRERtNT S' S tM (ORDINANCE NO, 2230 ttEi MBt tt 6, 1939, 'AS AMP.Nbi:b) A ? P :M - INO IN COMPIC TfoN FORM AS .A PART:' ()Ii• CIIAPTI It 2 or, THE CODE OP THE GtTI OF MIAMi, FLORIbA,-- 1957,' AS AttENOED+ MOft ARTICU�ARLY AMENDING 6ECTION o1 OF SAIb CtfAPTER 2 BY REPEALING , SUBSECTIONS 6( ANb . (b) OF SAID SECTION _ 91, AS' Ali NOtO AND Str$STfTUTINO, TIitiltPORE,' NEW SUB- SECTIONS 6(a)4 (b), AND (e) OF SECTION 91' OF SAID CI1APTER2 PROVIDING FOR ACCIDEN- TAL OR SERVICE -INCURRED. DISABILITY RE- TIREMENT ALLOWANCE; PROVIDING FOR Tiil; PROCEDURE TO BE•FOT.,LOWED BY THE RETIRE- MENT'BOARD OF THE MIAMI_CITY EMPLOYEES'_ RETIREMENT SYSTEM WHEN CONSIDERING AN APPLICATIDN FOR ACCIDENTAL OR SERVICE INCURRED DISABILITY RETIREMENT; PROVID- ING FOR THE DEFINITION OF TOTAL AND 'PERMANENT DISABILITY; PROVIDING FURTHER FOR THE RETIREMENT BOARD TO RECEIVE ALL AVAILABLE INFORMATION WHEN CONSIDER- ING AN APPLICATION' -FOR ACCIDENTAL OR SERVICE -INCURRED DISABILITY RETIREMENT REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT,. INSOFAR AS THEY ARE IN CONFLICT; CONTAINING'A SEVE RABTLITY' PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF .READ- ING THE SANS ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN 4/5 OF THE MEMBERS OF THE COMMISSION. WHEREAS, the Miami City Employees System (Ordinance No. 2230, December 6, 1939) ed as a portion of the ' Retirement was not includ- riew Code of the City of Miami, Florida, ef.fecttve September 1,. 1967, as (July 25, 1967) and WIERFAS, said System now exists in codified form as it; appears in Chapter 2 of. the Code of the City of Miami, Florida, 1957, as amended, in addition to basic ordinance form; and Sys Letn 4'nra adopted by Ordinance No, 7585 Wt1FRt-715, any addition or -.amendments to said thus be 1-0a:-1e by are ferenee to the section designations s they appeaf i ► bald -chapter. 2 a f the -et3 eity L3itlL,.. Florida, as aMen'. ed; and. ., g ` tv`�tEFtEAS, the City of !•iia�i has entered into a ree ttients with the International Attodiation of Firefightets, trf,-Ci0, bodal No, 587 and the 'raternai order of Pc,iioe; , rind WHEREAS, said agreements ptoVide for, the ptoced- ure to'be billowed in the eVent of an application Edit acci- dental or service -incurred disability retirement; and WHEREAS, said agreements provide for a definition of total and, permanent, disability; and WHEREAS, it is the desire of. the City of Miami -City Commission. to implement the'providions of such agree- ments; NOW, THEREFORE, BE. IT ORDAINED BY THE COMMISSION 'OF THE. CITY OF MIAMI, FLORIDA: Section 1., The Miami City Employees' Retirement System (Ordinance No. 2230, December 6, 1939, as amended) as said ordinance, as amended,_ appears in codification form as a part of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, is hereby amended by repealing Subsection 6(a) of Section 91 of said Chapter 2 and substi- tuting a new Subsection 6(a) of Section 91 of said Chapter 2 to read as follows: (a) Upon application of a member or of the head of his department, any member who has been totally and:permanently 'incapacitated for duty, prior to his attaining the age of sixty, as, the natu- ral and proximate result of an accident occurring while in. the actual performance of duty, at some definite time and place,' shall be retired fo'r"accidentally7incurred disability; provided that such incapacity for duty has been total, permanent and continuous from a time prior to his attairii nci the age . of Sixty; provided further. that the physician employed by the board, a r.ter- a medical e x a In 7 -i.nation of Such membe+ ,' ts1 '.1 certify in t:riti.it•,F t~hat'.1, :;1.tch is 'mental ty .'e. phVS;call,• totes t L.• incat ;". .fated 1 tl ;i:: _:-Irdanti% 4 ', it the i. +- initi.on of pof•(:t" ant-'ot:1l. provided [tttLhti r• c.i' 1lt 1,,�•' t`d �r: t 4. concur '.•:i Lh L1rk` . vpnrt: or i.;1 i .:i::.I employed by Lh,, prot ., ltr;i +t rt:,i r that the pMsioll cnri:1.i.tic'r shall be subier''t: to aX reti.t.,ew Il i' stei n employed 1'!' the board, at the request of Lhc bw=L•i ats. often as the board shall deem it advisable, A meat- ber niav be considered totally and per- manently disabled for further performance Of duty for the purpose of this section When said tnember is unable, due to an accident, illness or injury incurred ,in the line of duty, to perform within the mentber's c .assificatiott Any condition or impairment of health caused by tu- berculosis, heart disease or hyperten- sion, on the part of a member who is a police officer which results in total and permanent incapacitation for duty, shall be presumed to have been accidon� Lal and suffered in lineof duty unless the contrary be shown by competent evidence; provided, however-, that any such member shall have successfully passed a phy- sical examination ,upon entering in::o service as a police officer, which exi4. - ination failed to reveal any elridence of any such condition: Section 2. The !i_lr i City J:t;.plo;.•e�:: System (Ordinance No. 2230, rt.•_ember 6, 1939, m.,n:.,,!1 as said ordinrinee, as amended, appears in coca=tic._,t.i •n as a part of Chapter 2 of th,, of thz City n 1957, as amended, is hereby nr:.endu:i, by rope:tlinci Of Section 91 of said Chapter 2 and suos`iLtt i section 6 (b) .of Section 91 of Chapter 2 to 1:t311^ (b) Upon the application member or of thy, h d of his dzr --t'.:. any member who is not eligible R 1: J service-retirccm.ent <-i11o'qanct: and •..:.; becomes totally and permanently i -1-o l.1 mated for duty az the result of :. c; :,:1-- dition or impai.rm. r oU health 1:(1':, l by tuberculosis, tcy?ar`ronalc'n or h' : , disease, which eons.:i::i.rm is :gat: to 1tF: the rosu1 t •:l i any acnidouL - ti.on otempto.;m:In;. to oot411 waragrclph 6 (a) 01 F :I? .+ ,';u.!ti'in, .;n btu prfr': nm2d to 11'1 incur of L; "..1 Of dUty, un.Les::: a'�•'ai :"al ..�: r'i:. r'?:'. • L27b'Y1 entering ti.;.3r i': teV= at1 �:C:�Ii ;t.. • C�1i1C�itiOfl et.tiStr'`tf . t . t: i 170. tetired by they pW idiah t.ct ed h , r a medida shad i Cetti.fy ih ;•:ri tinri That. '.;tw t 141e •��r�� is tnehtally or phytiot-ii.J.Y agitated ih aecorclanCe With .thofinitiOn of permaheht toL'al c1is.�bittt��.. Seetioh 31, The M...ami City Employi, .rttt fth Syatem (Ordihande to 2230, bece:;tber 60 1939, att ns said Ordinance; as aMendecl, .appeata in c•;7tii f: i da`_ ion form :ice .a part of Chapter 2 of the Code of the City of Miami, Florida, 1 15i, as amended is hereby amended by, adding a hew subsection G(c) to Section 91 of said Chapter 2►.which ahatl read as tot= sofas : (c) . The Retirement Board when de- ciding ,whetherto grant an accidental disability retirement shall receive any and all available information, includ- ing but not limited to, medical reports which the board deems . necessary in ordor toassist the board in arriving at its decision. Section 4. All ordinances, code socticns at.- 9: thereof in conflict herewith; insofar as they nr•> t.�1 •:.�� -.'_ are hereby repealed. Section 5. If any section, r;t'tltonce, or word of this ordinance is for any rea:;or. hob! `•..f'c'�`•: to be unconstitional, inoperative or void S::t.:h he ! :i it t ? - invalidity shall- not affect the remAinin.3 ! l7t,t or::: ordinance; and it shall be c,xnstrt.►'?'J to hav' 'beEln hl� Y t, .. Of. the Commission of t.h'l Ci.t.y. •:' t' Miami V_o t'' ° • . , . without such unconst:i.tUti.on ! , J -,af.►.1': h: Lr.. 1 . therein; and the rend i.nder o t' t:,. c rrh nand., a i of such part .or parL3 sh-tl a. .; nt;.; ?iN 1'i as if such part:; ii,.ci not.: 1).0 :>n n 5 et T.' n 6, ';1 i;l ,:t. t'.; ;' 'T •:T '• '1 ;r .1 .) be an emergency me:1sttr9 on t.:;•: 9?••1tt1+1 or Llie preset,</at.LOf of .poa c; ttoclith; peop'rty ih tie City of Miami, Section i The rt:4UL t'erne t or rc.c.t.J itH this o:.'d L - . aht`e oP WO Seg3tte distDetlsed ",•:ik:h L'./ :y t1 1ic: bf tilt less thsn 4/3 of the me�?ibets of tie Co�;,'lissio Atib AbcPI'F D t? TtttC . ONt this ij 'day Of PEBRUARY CE A FERRE MM A+i`-..O R H , D , S'ICITHERi1 CITY CLERLC' PREPARED AND APPROVED BY: RONALD A. SILVER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: S. LLOYD y Attorney SET: FI.LI: OF ORDINANCE. t O 8358 FOR PROOF OF PUBLICATION