HomeMy WebLinkAboutO-08431ORDINANCE NO,, 8431
AN ORDINANCE AMENDING CERTAIN Sti SECTIoi5
OF THE MttMt. CITY EMPLOYEES' RETIREMENT
SYSTEM (ORDINANCE No. 2230) DECEMEER 6; 19 9,
AS AMENDED) AND THE MIAMI CITY GENERAL
EMPLOYEES' RETIREMENT PLAN (ORDINANCE No. 5624)
MAY 2, 1956,'AS AMENDED); AS APPEARING
IN CODIFICATION FORM AS A PART OF Ci- AP-
TER 2 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, 1957) AS AMENDED, MORE.PARTICtULARLY
AMENDING SECTION 91(14) AND SECTION 109(14).
OF SAIb CHAPTER 2 BY ADDING AN,ADbITIONAL
PARAGRAPH THERETO AT THE END OF SECTION 91(14)
AND tY ADDING AN ADDITIONAL PARAGRAPH
THERETO AT THE ENb OF SECTION 109(14);
PROVIDING. THAT. ANY MEMBER WHO HAS BECOME
ELIGIBLE FOR NORMAL SERVICE RETIREMENT
BENEFITS OR EARLY SERVICE RETIREMENT
BENEFITS BUT WHO HAS NOT RETIRED, DIES,
SUCH MEMBER SHALL BE CONSIDERED TO HAVE
BEEN RETIRED ON THE DATE OF DEATH; PRO-
VIDED FURTHER FOR THE PAYMENT OF FORTY
PER CENT (40%) OF THE MEMBERS. MONTHLY
RETIREMENT ALLOWANCE UPON THE DEATH OF:
THE MEMBER TO THE MEMBER'S`SPOUSE; PRO-
VIDING FURTHER AT OPTION FOR THE SURVIV-
ING SPOUSE TO RECEIVE THE SUM OF THE.
DECEASED MEMBER'S CONTRIBUTIONS. WITH
INTEREST; REPEALING ALL. ORDINANCES,, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT,
INSOFAR AS THEY ARE. IN CONFLICT; CONTAIN-
ING A SEVERABILITY PROVISION; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE;
DISPENSING WITH THE REQUIREMENT OF READ-
ING THE SAME ON TWO SEPARATE DAYS BY A
VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
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
City of Miami, Florida, effective September 1, 1967,
Code of the
as
adop-
ted 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
1
11
•
■
1
dity of Miami, Piorida,
drdinanoe fora; and
WERtA80 . any addition or atiiendt ent§ to said syatef
and plan can thug be made by referetioe to the section designate
tiotis as they appear in said Chapter 2 of the Code of the City
of Miami, Florida, as amended; and.
WHEREAS, it is thedesire of the City CMnmiS ion of
the City of Miami to provide benefits for the surviving spouse
of a member who dies prior to retiring Whensaid member, at the
time of death, had become eligible for normal service retirement
benefits or early service retirement benefits;
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, it is hereby amended by adding an additional
paragraph at the end of Section 91(14) of Chapter 2 to read as
follows;
Notwithstanding any provisions to the
contrary contained herein in the event a
member who has become eligible for nor-
mal service retirement benefits or early
service retirement benefits but has not
retired, dies, he shall be considered to
have been retired on the date of death.
In such event, the payment of forty per cent
(40%) of the member's monthly retirement
allowance shall be paid at the member's
death to the member's spouse during .the .life-
time of said spouse, or at the option
of said said spouse the spouse shall re-
ceive the sum of the member's contribution
together with interest to the date of pay-
ment standing to the credit of the deceased
member.
Section 2, The Miami City General Employees' Retire-
ment Plan (Ordinance No. 5624, May 2, 1956, as amended) , as said
ordihahee, as affiefdedr appeare in codification form as a part
of Chapter 2 of the Code of the dity of Miami, tiorida, 19S/,
as a onded` it i§ hereby atended by adding an additional para.
graph .p .. . N ad ae fol.=
h at the end of Section l09 (l4) of irha "pto r`
tee 2 , te
low§
NotWithstaiiding any provision to the
contrary contained herein in the event a
member Who has become eligible for normal
service retirement benefits or early .Set -
Vice retirement benefits bit has•not retired,
dies, he shall be considered to have been
retired on the date of death. In such event,
the payment of forty per cent.(40/) of
the member's monthly retirement allowance
shall be paid at the member's death to
the member's spouse during the lifetime of
said spouse, or at the option of said
spouse the spouse shall receive the sum
of the member's contribution together with
interest to the date of payment standing
to the credit of the deceased member.
Section 3. All ordinances,
code sections or parts
thereof in conflict herewith , insofar as they are, in conflict,
are hereby repealed.
Section 4. If any
section,
sentence, clause, phrase
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void
validity shall not affect the remaining
ance, and it shall be construed to have
such holding or in -
portions of this ordin-
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 exclusion of such
part or parts shall be deemed and held to be valid as if such
parts had not been included ldd therein.
Section 5. This ordinance is hereby declared to be
an emergency measure on the ground of urgent public need for the pre-
servation of peace, health, safety and property in the City of
Miami.
Seetioft E s : the fgequifemeht of feed is ii this ofdifi-
&fide Oh tWo sepef:ate days ie hef:ehy dispensed lensed with %y e Vote of
Plot less _ thah foot=fifth& of the Me 11ef § Of the C;OM/di teibt1
PASSL 3 AND ADOPTED BY tiTtt ONLY this 31._day of
197S.
PREPARED AND APPROVED BY:
RONALD A. SILVER'''
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
3-AtickANA
OHN S. LLOYD
City Attorney
^Page 4of4-r
MIAMI REVIEW
ANb bAML% ftEdotib
Published Daily a*rapt Sattttde)'. Sunday and
Legal Holidays
Mimi bade County, Florida.
COUNtYO OF DADS:
Before the undersigned authority, pertonally
appeared H. L James who on oath says that he
is Vtce•President of the Miami Review and Daily
Record, a daily (except Saturday, Sunday and Legal
Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement or Notice in the
'matter of
NotiG.e....a.f....iclobtiolt..o.£....Othirianct±s '-
JulV 31, 1975
ate'::,..g1'rlinanc.,,11os . 84.29, thru 8435
in the K:.X..X Court,
was published in said newspaper in the issues of •
Aucru.st 84.1.9.7.5
Aff)ant further says that the said Miami Review,,
end Daily Record is a newspaper published at Miami,
in said Dade County, Florida, and that the said news•
paper has heretofore been continuously published in
said Dade County. Florida, each day (except Saturday.
Sunday and Legal Holidays) and has been entered es
second class mail matter at the post office in Miami,
In said Dade County, Florida for a period of one year
next preceding the first publication of the attached
copy of advertisement; and effiant further says that
he hat neither paid nor promised any person, firm
or corporation any discount, rebate. Commission or
refund for the purpose of securing thiS advertisement
for publication in the/said newspaper.
Sworn to and subscribed before me this,.
8th day of 'f*Aucjust , A.D. 1975
t..?.,I..L.A,,: tL.,L. ..E4: nfj :it -..6r- ot... L. ..
,
Notary Public State of FFIorids et Large.
(SEAL)
My Commission expires October;,26, 1976.
Hit 1Yt= �il ::
tbAb)F; tOt•Ntii'r t'tALOitlRttiA
t.t:tiAt kki tt.- `'Aft hleMite!'0111 ta10'hrttl're
that on thh Stet day' at duty
1915. the ""thy , Clomnttltelfh ot"
Miahii" Florida' adrihtntt the tel=
' ,lottltrg 11t1?d otdihaheest '
OttbiNANCE NO. NM
A:4 ORbtNANck AMENDING
ORDINANC): 'NO. 6571 ' TI-ID"
coMPRE14ENs1VF:"" ZONING'
ORDINANCE. OF.. THE CITY'
of ML M1, AIITtCLE X1. SEC- '
TION 1 'AND 2 RESIDENTIAL
OFFICE. R=C DISTRICT, AS IT
PERTAINS. TO DENSITY,_ LOT
• . AREA AND WIDTH "REQUIRE-
'.1ENTS FOR APARTMENT
BUILDING n, APARTMENT;;
HOTELS. AND R,F.SIhENTIAL •
UNITS; REPE.ILING ALL OR-
DINANCES. S. CODE SECTIONS
OR. PARTS THEREOF' IN CON,
FLtCT INSOFAR AS . THEY
ARE tN CONFLICT; AND -
CONTAt\INr., A Sf:VERABIL-
tTY 1'ROVIStON,
ORDINANCE No. 8434
AN' `EMERGENCY ORDINANCE
AMENi)INC; APPROPRIATIONS
ORDINANCE NO. 8316
ADOPTED OCTOBER 10. 1974
TO PROVIDE FOR THE ADI)t
TIONAL.APPROPRIATION OF
S1,216.00 FROM THE: ORANGE
BOWL FUND!' BALANCE 'TO
COVER THE COST or THE
ORANGE BOWL 6 WATER
MAIN IMPROVEMENTS x' 1913
12ND BiDDING;) .1S FOLLOWS:'
CONTRACT COST $2,571.00;
PROJECT • EXPENSE 5257.10;
INCIDENTAL' EXPENSES IN-
C 1. L T) I N t; " ADVERTISING.
TESTING AND REPRODUC-
TION SERVICES • N57.90; RE-
PEALINC., ALL ORDINANCES
IN CONFLICT HEREWITII:
PROVIDING SEVERABILITY:
AND PROVIDING AN EFFEC-
TIVE DATE
ORDINANCE NO. 801
.t.X ORDINANCE .\51ENDING' •
'CERTAIN SUBSECTIONS OF
THE MIAMI CITY • EM-
PLOYEES' RETIREMENT SYS-
TEM :ORDINANCE ; NO. 2230. •
DECFAt1E11' 6: 1939, AS
AMENDED) AND THE MIAMI:
CITY GENERAL EMPLOYEES' •
• RETIREMENT. PLAN :ORDI-
NANCE NO. 5624, . M.1Y 2, 1956, .
AS .AMENDED); AS APPEAR- - '
ING IN CODIFICATION FORM
AS A PART OF CHAPTER 2
OF •TIIE CODE OF THE CITY
OF. MIAMI, FLORIDA,' 1957: AS
AMENDED, MORE' PARTICU-
LARLY • AMENDING SECTION
91:14) AND SECTION . 109:14►
OF ' SAID • C1t.1PTER 2 13Y '
'ADDING AN ADDITIONAL
PARAGRAPH : THERETO AT
THE END OF SECTION .91(14)
AND )3Y'ADDING, AN ADDI-
TIONAL PARAGRAPH THERE-
TO AT THE END OF SECTION
1(19114): PROVIDING THAT
ANY 51EMBE K 'WHO HAS BE-
COME ,ELIGIBLE' -FOR' NOR
MAL. SERVICE: RETIREMENT
BENEFITS OR EARLY SERV-,
• 10E RE T1REMENT 13ENE
• FITS RL'T ` 1VH0 HAS NOT
R` TIRED; `DIES,"SUCH`"]1EMf= "
HER SHALL BE CONSIDERED
TO HAVE BEEN RETIRED ON •
THE: DATE OF DEATH; PRO-
•; VIUED FURTHER F QR rE.
PAYMENT • OF 'FORTY, PER
CENT (40'.;) OF "THE NIEM-
BER'S. •.51GNTHLY RETIRE,'
51ENT . ALLOWANCE' UPON
T11E DEATH - OF.THE %1EM-
13E11 TO . THE • MEMBER'S
SPOUSE; PROVIDING FUR7'H
ER AT OPTION— FOR THE
SURVIVING SPOUSE TO RE-
CEIVF " THE SUM ;1 OF THE
DECEASED MEMBERS ,CON-
TRIBUTIONS WITH ' JNTER-
EST; REPEALING 'ALL O)tDI-
NANOES.., ('ODE ; SECTIONS
DR PARTS THEREOF IN CON,
FLUCT.'.'1NSOFAR AS THEY
ARE IN CONFLICT; CONTA)N-
1NG A ' SEVERAB)),ITV PRO=,
VISION:.-! DECLARING 'T)1IS'
ORn3N ANCE T0.13E AN
EMER(1EAcy M1:ASURR; D)S-
PENS1NI WITH THE RE,
CrettftEt1ENT OF -REAPING
THE SAME„ ON TWO sEPA-
BAIT PAYS ,i3Y A VOTE OF
NOT .14:Sa THAN FOUR-
FIFTHS ,.CIF" THE.-.:31EMi31:RS -, •
OF- `yH • C.QMMJSS}ON,} •
• bilDi .ANCF�.No: s4ai. ;f
A : OtEtt0ENCV OI2ift.�L s'CF.'i
A1tnNDING At'PROPRIAttti 4S.
Ott D I N A N, C E.,.. +Ci. ' 8316,
ADOPTED OCTOBER . y1�0.,;1974. !
tO.rROVIDE 59.060.00lo)11 t4Fr.;
!HIES TO LAWAB CE STORM',:
PUMPING STATION' N0. 3t:;
REPEALING; ALL ORDI'
NANCES t:: CONFLICT HERE,'
WITH; PR0tibtir(t St:VEtt=.
At31t:iTY;..'AND- PROVIDING •
AN, i rF=ECTIVE bATE;
otit t:iA:tCL .`,U. 8433 .
AN EMERGENCY ORDINANCE'
AMENDING ORDINANCE NO.,
834 WHICH 'APPROPRIATED'
FEDERAL REVENUE SHAR&;•
INC FUNDS,. TR.INSFERRING'.
52.300 PROM E.XTENSiON..OF.
RECREATION PROGRAM, 831
F'ROMI ; MECHANIZATION;
PROGRASt, 52.300 1 ., FROM
POLICE TRAINING PROGRAM.
55.000 FROM " POLICE EXPAN!
stON PROGRAM. $3,000 FROM
StODERN1ZAT3ON: OF 13UD-f
CETARY AND FINANCIAL':
I'ROCEDURE.S AND.-- $3.000t
FROM BUILDING CODE EN,;.
FORCEMENT CENTRAL
RECORDS SYSTEM, AND: AP-:
PROPRIATING THE • `TOTAL
OF 523.000 TO THE ACCOUNT
OF DOtGLAS GARDENS JEW,
lSH I}OME AND HOSPITAL
FOR TILE, AGED:PROVIDING'
1N EFFECTIVE ' DATE: RE-
PEALING ALL ORDINANCES
AND CODE.. SECTIONS IN
CONFLICT THEREOF. INSO-_'
FAR AS THEY ARE IN CON
FLICT:- AND CONTAINING" A
SEVERABILITY PROVISION:
ORDINANCE NO. 5439
AN EMERGENCY ORDINANCE
151ENDING ORDINANCE:No.',
8342 :DATED DECEMI3ER 17,'
1979, 13Y REDUCING ITEM 19,
WYNWOOD COMMUNITY DAY
CARE CENTER, FROM $40.000,
TO " $24,670, AND BY' ADDING
A NEW ITEM 31. --EDISON
LITTLE RIVER SELF: HELP'
COMMUNITY COUNCIL-- PROJ-•
ECT YOUTH, WITH AN ALLO
CATION OF $15.330:,'REPEAL-
ING ALL ORDINANCES AND
CODE SECTIONS ` IN CON-
FLICT. THEREOF, ,INSOFAR
AS THEY, ARE IN CONFLICT;
CONTAINING -A SEVERABIL-;.
ITY PROVISION; . AND PRO-
VIDING FOR AN EFFECTIVE
DATE. •
ORDINANCE NO. 6435,.`
AN ORDINANCE AUTHORIZ-
ING THE OFF-STREET PARE-
INC .BOARD' OF THE : CIITY
OF.: MIAMI, OR THEIR • SUC-
CESSORS, + -TO ADMINISTER
THE FACILITY .KNOWN AS'
GLSMAN • HALL .:; LOCATED
WITHIN TINE, CITY.. OF- MI-
AMI; . : ; PROVIDING CUIDE-
LINES TO BE UTILIZED IN
THE:::, ADSIINISTRATION OF
SAID FACILITY:: PROVIDING
FOR THE APPOINTMENT OF
AN ADVISORY: COMMITTEE
CONSISTING ,,OF. FIVk.,1E51.
HERS, WITH' MAURICE'. GUSH
MANIAS HONORARY CHAIR -
'MAN., TO ADVISE SAID OFF.
STREET PARKING "BOARD ON
MATTERS OF:: POLICY: - CON-
CERNING THE . OPERATION
OF SAID FACILITY:. CON-
TAINING - A : SEVERABILITY
PROVISION; DECLARING THIS
ORDINANCE: TO. BE., AN
EMERGENCY .MEASURE; "AND
DISPENSING' WITH THE: RE.
QUIREMENTOF : RF.ADINC
,
THE SAME ON .TWO. SEPA.
RATE, DAYS RY A VOTE of
NOT LESS :. THAN " . FOUR.
S FIFTHOF THE MEMBERS
OF pip CQMII4JSSJON, :
H. D SOUTHERN,
CITY CJ,ER1
Pu)!lfcatlon of , this native 011
the. )3th clay of August, • 1975.. - .'
RAS'es
7/28/7S
ORDINANCE NO,
AN ORDINANCE AMENDING CERTAIN SUJSEC.-
TIONS OF THE CITY OP MIAMI EMPLOYEES'
RETIREMENT SYSTEM (ORDINANCE NO. 2230,
DECEMEER 5, 1939. AS AMENDED) AND THE
MIAMI CITY GENERAL EMPLOYEES' RETIRE-
MENT PLAN OaRDINANtt NO. 5624, MAY 6, 1956,
AS AMENDED). AS APPEARING IN 'COI IF''ICA-
TION FORM AS A PART OP CHAPTER 2 Off' THE
CODE OF THE CITY OF MIAMI, FLORUDA, 1957,
AS AMENDED, MORE PARTICULARLY AMENDING
SECTION 91(14) AND SECTION 109(14)
OF SAID CHAPTER 2 EY DELETING THE REQUIRE
MENT THAT A EENEFIC1ARY MUST SURVIVE
TARTY (30) DAYS AFTER ELECTION OF
OPTIONAL ALLOWANCE, IN ORDER FOR THE
SAID ELECTION TO bE EFFECTIVE; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS
THEY AVE IN CONFLICT; CONTAINING A
SEVERABIL!TY PROVISION; DECLARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE;
AND DISPENSING WITH THE REQUIREMENT
OF READING THE SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION.
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 dsignations as
they a ear in said Chapter 2 of the Code of the City of Miami,
Flori a, as amended;
67144e. el' V3/
cpagsviazice.,
Atio dr ate kozacteit
RAS/ea
7/28/7S
ORDINANCE
AN ORDINANCE AMENDING CERTAIN SUESEC-
TIC NS OF THE CITY OF MIAMI EMPLOYEES'
RETIREMENT SYSTEM (ORDINANCE No. 2230,
DECEMSER 6, 1939, AS AMENDED) AND THE
MIAMI CITY GENERAL EMPLOYEES' RETIRE-
MENT PLAN (ORDINANCE No, 5624, MAY 6, 1956,
AS AMENDED), AS APPEARING IN CODIFICA-
TION FORM AS A PART OF MAPPER 2 OP THE
CODE OF THE CITY of MtAM , FLoRIDA, 1957,
AS AMENDED, MORE PARTICULARLY AMENDING
SECTION 91(14) AND SECTION 109(14)
OF SAID CHAPTER 2 BY DELETING THE REQUIRE-
MENT THAT A BENEFICIARY MUST SURVIVE
THIRTY (30) DAYS AFTER ELECTION OF
OPTIONAL ALLOWANCE, IN ORDER FOR THE
SAID ELECTION TO BE EFFECTIVE; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS
THEY ARE IN CONFLICT; CONTAINING A
SEi7ERABILITY PROVISION; DECLARING THIS
ORDINANCE TO BE AN EMERGENCY MEASURE;
AND DISPENSING WITH THE REQUIREMENT
OF READING THE SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION.
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 dsignations as
they a
Floria, as amended;
ear in said Chapter 2 of the Code of the City of Miami,
611.4 Fr3,/
i.310-4040.44
Atio r ate pe
._woft Aworly
NOW, THEREPORE, Et IT ORDAINED DAINED Dy THE COMMISSION 6E
E CIT off' MIAM , FLORIDA:
Section 1. The Miami City Employees' Retirement
System (Ordinance Noo 22 C , December 6, 19S9, as amended) , as
said Ordinance, as amended, appears in codified form, as part
of Chapter 2 of the Code of the City of Miami, Florida, as
amended, is hereby amended by amending subsection 14 of section
2-91 thereof, as follows,
(14) Notwithstanding. _any provision to the _:contrary
contained herein, in the event a_member _'who has
become eligible for normal service retirement
benefits or early service retirement benefits
and has made application for__ retirement, dies
prior to his retirement date, he shall be
considered to have been retired on the date of
death.
Presided-tha4-tie-eIeetiee-ef-ate-eptienal .
allewance-ehaii-be-e€feetive-in-ease-ay-beneficiary
dies-within-thirty-days-a€tee-the-eleetien-ef-an
eptien-as-preeided-in-fhie-seetienr-and-that-stteh
a-beneficiary-shall-be-eensideeed-as-an-active
t emcee-at-the-ti to-ef-death=-ttntii-the-fi*st
payment-en-aeeettnt-of-aRy-benefit-eeeemes
ne eaiiy-otter-any Any member may elect to
receive in lieu of the retirement allowance
otherwise payable to him, the actuarial equiva-
lent at that time of his retirement allowance
in a reduced retirement allowance payable through-
out life, with the provision that: I/
Section 2. The Miami City Employees' Retirement Plan
(ordinance No. 5624, May 2, 1956, as amended), as said Ordinance,
as amended, appears in codified form as part of Chapter 2 of the
Code of the City of Miami, Florida, as amended, is hereby amended
by amending subsection 14 of section 2-109 thereof, as follows:
(14) Notwithstanding any provision to the contrary
contained herein, in the event a member who has
become eligible for normal service retirement
benefits or early service retirement benefits
1 Words striC}en through shall be deleted, Underscored words
constitute the amendment proposed, Remaining provisions
are now in effect and remain unchanged,
2 910
Ansihag ftladg.4DPlication for retirement, dies
.es
ap ier toibig retire ant d # t ghat be
C h§4 er ? I to 114ve bOOn .retired .on the date of
deth_._
taPev e4- ab-tka-sleet e -of-att-sp final
ally at3ee-a' a41-he=eg4eeti e- a -ease. -a
belief eiaty-dies.,wiCh i - tivty-days=+aie#-41ie
sleet ee-eg-aft-apb etl-aa-pttettide4-ih-0 a -seer
t4g1r-at3d-0kat-alAek-a-betleg a sty- ball -be
et a deeed-as=ati-ae4ive-theft s#-a4.4ke-4ime-eg
elea4ht-iei t l-she-4iaa4-pa ea4-614-aeeei ae-e€
atiy-13a 3e€it-keeem a -ma ally-daer-amy Any
member may elect to receive in lieu of the
retirement allowance otherwise payable to him,
the actuarial equivalent at that time of his
retirement allowance in a reduced retirement
allowance payable throughout life, with the
provision that: 1/
Section 3. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 4. If any section, sentence, clause, phrase
or word of this Ordinace is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or in-
validity shall not affect the remaining portions of this ordin-
ance, 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 exclusion of such
part or parts shall be deemed and held to be valid as if such
parts had not been included therein.
Section 5. 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.
1/ Words stricken through shall be deleted. Underscored words
constitute the amendment proposed, Retraining provisions
are now in effect and remain unchanged,
3
Section 6. The requirement of reading this Ordin-
ance on two separate dayit hereby dispensed with by a vote of
not is than four-fiftht of the members of the Commission.
PASStio AND ADoPTED fY TITLf ONLY this day of
1975.
PREPARED AND APPROVED BY:
RONALD A. SILVER
Assistant City Attorney
MAYOR
Attest:
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
72/i 4NA4L./4)
ell'
JOHN S. LLOYD
City Attorney
-4 -
riVED
CONNO. AND �..frel i t ++��
'.rrirr��.r,►ri5
r,�rrr#6,Fr rrrpsrii0it ). t V
C PT OF LAW
CITY OF M1,4141
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July 16, i s
Mr. RCM Silver, Assistant City Attorney
City of M am1 Law Deportment
65 Southwest First Street
Miami, Florida 33130
Dear Mr. Silver:
The elimination of the thirty (30) day requirement relating to the selection of an optional
form of retirement allowance would not adversely affect the actuarial soundness of the
Retirement System or Plan. Such requirements used to be more commonly found under
insured retirement programs, to serve as protection of the insurance company against what
is known as "anti -selection". However, these provisions would require the selection of an
option from a minimum of six (6) months up to as long as three (3) years prior to retirement.
Alternatively, a prospective retiree could select an option at any time up to the date of
retirement, provided he could show evidence of good health. However, such restrictions
are less common than they once were.
If concern with regard to anti -selection were the basis of the requirement under the City of
Miami Retirement System and Plan, the objective would not be met by a period as short as
thirty days. That is, a thirty day requirement would not reduce anti -selection. In fact,
it would most likely operate to the detriment of those who might become deceased suddenly
and unexpectedly, rather than those who would select a particular option in the anticipation
of death. This would clearly not be a desired objective.
A provision now commonly found in retirement programs is an automatic death benefit for
people eligible for Early or Normal Retirement, but who remain actively employed. The
purpose for including such a provision is to prevent good employees from terminating employ-
ment merely to be able to select an optional form of benefit and thus assure their beneficiari.
of a death benefit. Plans in which this type of provision is included have not been adversely
affected from an actuarial or financial standpoint. As a matter of fact, even though it is not
yet applicable, to municipalities, the new Employee Retirement Income Security Act of 1974
(ERISA) now requires that death benefit coverage be in essence, automatically extended to
employees eligible for Early Retirement.
In view of the fact that the :normal form of benefit is now a 40r''o Joint and Survivor annuity,
there is little purpose served by such a thirty day waiting period. That is, there is already a
death benefit presumed in the actuarial funding of the regular retirement allowance. Or,
stated another way, a retiree wishing a substantial death benefit would not select an optional
form of payment, since he is automatically now entitled to 6 (c). It would seem therefore, that
Page 2
Mr* ROM SilVert Attt‘ City Attorney
City of Miami Law Deportment
July 16, 197s
tihY waiting period required would be solely for the purpose of allowing administrative time for
the determination of benefit amounts payable and the COmmemetrient of benefit checks, rather
thwi for the purpose of having an effect On the benefit amount itself er on the question of
eligibility for receipt of the benefit.
GSVra
Sincerely yours?
Lot
George S. Ling,