HomeMy WebLinkAboutO-08366ORDINANCE Nb,_8366
AN ORbINANCE AIMENDING CERTAIN St1 #SECTIONS
OF THE MIAMI CITY GENERAL EMPLOYEES' RETIRE-
MENT PLAN (ORDINANCE NO: 5624► MAY 2,'i956r
AE AME LADED) ; AS APPEARING IN CODIFICATION FORM
AS A PART Or CHAPTER 2 OF THE CODE oI THE CITY
OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PAR-
TICULARLY AMENDING sEC ION 109 of SAID Ct1,PTER 2
EY REPEALING SUBSECTIONS 5 (a) ANb (b) of SAID
SECTION 109, AS AMENDED, AND SUBSTITUTING, TiiERE-
FORE, NEW SUBSECTIONS 5 (a) (b) , AND (c) OF
SECTION 109 OF SAID CHAPTER 2 PttOVttING FOR
ACCIDENTAL OR SERVICE -INCURRED DISABILITY RE-
TIREMENT ALLOWANCE; PROVIDING FOR THE PROCEDURE
TO BE FOLLOWED BY THE RETIREMENT BOARD, OF THE
MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN
WHEN CONSIDERING AN APPLICATION FOR ACCIDENTAL'
OR SERVICE -INCURRED DISABILITY RETIREMENT;
PROVIDING FOR THE DEFINITION OF TOTAL ANbPER-
MANENT DISABILITY; PROVIDINGFURTHER FOR THE
RETIREMENT BOARD TO RECEIVE ALL AVAILABLE
INFORMATION WHEN CONSIDERING AN APPLICATION
FOR ACCIDENTAL OR SERVICE -INCURRED DISABILITY
RETIREMENT; REPEALING ALL ORDINANCES, CODE SEC-
TIONS OR PARTS THEREOF IN CONFLICT, INSOFAR
AS TEIEY ARE IN CONFLICT: CONTAINING A SEVER -
ABILITY.. PROVISION; DECLARING THIS ORDINANCE TO.
BE AN EMERGENCY MEASURE; DISPENSING WITH . THE
REQUIREMENT OF READING THE SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT. LESS THAN 4/5 OF THE
MEMBERS OF THE COMMISSION.
WHEREAS, the Miami City General Employees' Retirement
Plan (Ordinance No. 5624, May 2, 1956, as amended) was not includ-
ed 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 plan 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
WHEREAS, any addition or amendments to said plan can thus
be made by reference to the section desi.9nati.ona as they appear in
said Chapter 2 of the Code of the City of Miami, Florida,.as amend-
ed; and
URt FA53 the pity of Miami has ehteted into agfeeffi ft
With the det%efai Effipioyee& . 1Ssodiatioti; 8afiitatio0 tffiployees'
Assodiatioft; and the AMefida'h Eedefat on of State, Gotihty and
Muhidipal Employees local Mos 654: acid
t,;HEREAS, said agr`eetittent s _ prOVide tot the ptocedUte to
be followed in the event of an application for acdideftLal or set-.
Vide incurred - disability t:etiren ent; and
WHEREAS, said agreements provide for a definition of
total indapacity for duty; and
WHEREAS, it is the desire of the City of Miami City Com-
mission to implement the provisions of such agreements;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The Miami City General Employees' Retire-
ment Plan (OrdinanceNo. 5624, May 2, 1956, asamended) 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 5(a) of Section 109
of said Chapter 2 and substituting a new Subsection 5(a) of Sec-
tion 109 of Chapter 2 to read as follows:
5(a) Upon application of a member or ,by the
head of his department, any member who has
been totally and permanently incapacitated
for duty, prior to his attaining the mini-
mum normal service retirement age, as the
natural and proximate result of an accident
occurring while in the actual performance.
of duty, at some definite time and place,
may be retired for accidentally incur-
red disability; provided that such incapac-
ity forduty has been total and permanent
and continuous from a time prior to his
attaining the minimum normal service retire-
ment age; provided the physician employed
by the city shall certify that such member
is mentally or physically totally and per-
manently incapacitated_ for farther perfor-
mance of duty in service of the city in
accordance with the definition of total
incapacity for duty; provided further
that the report of the physician employed
1
by the city :is concurred in by the Retire, -
Mont l#oatd and that the thetober shall be sub=
jest toa.tevieW of his condition by the physiciai
eitlpioyetl by the tidy at the request of the
Retife leht $curd as often as the board shall
deef it athpisabie until the Member roaches
his minimum normal sefVice retirement ace,
A member hty be cohdidet:ed to be totally iti
capacitates) for` duty for the purpose of
this Seddon When he at she is totally Uh-
able to engage iti ahy useful ot Valuable seta-
vice Within the City of Miami due to a physical
of mental impairment, which is the natural
and proXimate result of an accident which
occurred while it the actual per fortiiatde of
duty, provided, however, said accident Was
without gross negligence on the part of the
member. Arty employee who engages it useful
service With the. City of Miami, by virtue
of this section, shall be compensated at the
present rate paid at the classification held
at the time of injury provided the new clas-
sification pays at a lesser scale.,
Section 2. The Miami City General Employees' Retire-
ment Plan (Ordinance No. 5624, May 2, 1956, 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 5(b) of
Section 109 of said Chapter 2 and substituting a new Subsection 5(b)
of
Section 109 of Chapter 2 to read as follows:
5(b) Upon the application of a member or of the
head of his department, any member who is
not eligible for a service retirement al-
lowance and who becomes totally and per-
manently incapacitated for duty as the re-
sult of a condition or impairment of health.
caused by tuberculosis, hypertension
or heart disease, which condition is not
shown to be the result of any accident
or condition of employment so as to qualify
under paragraph (5)(a) of this section,
which shall be presumed to have been in-
curred in line of duty, unless a physical
examination upon entering service revealed
that such condition existed at that time,
may be retired by the board, providing
the physician employed by the board, after
a medical examination of such member, shall
certify that such member is totally incapaci-
tated for further performance of duty,
in accordance with the definition of
"total incapacity for duty" as defined in
paragraph 5(a) of this section.
ectidf, 3 a' the Miaihi Cit.J de fetal t.'rifiie OS' fti-
titimefit May , 1056, as , atiiende 1)
6-aid ordinance, a§ amended, appeafs , in Jodi fixation for f
as a part of Chapter 2 of the Code of the city of Miami, t1otdc1a, -
195`, as amended is hereby amended by addifig a nett Subsedtion 5 (c*)
to 8edtidh 109 of said chapter 2, which'shall read as follows:
The tetitement board when deciding whether
to grant -art accidental 'disability re-:
tirement shall receive any and all avail-
able information, including but not limited
to, medical repirts which the board deems
necessary in order to assist the board
in arriving at its decision.
Section 4: All 'ordinance's, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed
Section 5. If any section, sentence, clause, phrase
or, word of this ordinance is for any reason held or declared
to be unconstitutional, 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. Commission of the'City,of Miami to pass this ordinance
.without such unconstitutional, invalid or inoperative part
therein; and the.remainder of this ordinance after the ex-
clusion of such part or parts shall be deemed and held to be
valid as if such parts had not been included therein.
Section 6. This ordinance is hereby declared to
be an.emergency measure on the ground of urgent public need
for the preservation of peace, health, safety and property
in the, City of Miami,
Section 7. The requirement of reading this or-
dinance on two separate days is hereby dispensed with by a
page 4 Qf �:
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PAgSED AND Ai 3PTEb fY TfTtit ONLY Ettis 12
PREPARED AND APPROVED BY:'
RONALD A. SILVER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
N S. LLOYD.
y Attorney
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SEE F.ELE OF O il)I.NAt CG' .3358 -
FOR rIOOF ptt3LIcATio