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ORDINANCE No, c934.41
.AN ORDINANCE AMENbtNG CERTAIN SUBSECTIONS
'OP THE MIAMI',CITYEMPLOYEES' RETIREMENT.
SYSTEM (ORDINANCE NO4 2230, DECEMBER 6,
• 1939,'AS AMENDED) AND. THE MIAMI CITY GENERAL
EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO.
5624, MAY 2,'1956,'AS AMENDED); AS APPEARING
tN CODIFICATTON FORM AS'A.PART OF CHAPTER 2
OF THE CODE 0I:' THE CITY,OF MIAMt,'FLORIbA,
1957, AS AMENDED, MORE PARTICULARLY AMENDING
SUBSECTIONS.2-91 (1) (a) AND 2-109 (1) (a)
OF SATb CHAPTER 2 BY. REDUCING THE MINIMUM
THIRTY (30) DAY NOTICE.TO RETIRE TO A MINI
MUM TEN (10) DAY NOTICE TO RETIRE; REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THERE-'
'.OF IN CONFLICT, INSOFAR AS THEY ARE IN 'CONFLICT;
'CONTAINING.A SEVERABILITY 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 FOUR -FIFTHS OF.THE MEMBERS OF
THE COMMISSION.
WHEREAS, the Miami City EmployeesRetirement. 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, 1957, is amended to read: 1/
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, '1or'ida, 1957, as amended, is hereby
amended by reducing the minimum tiirty (30) day notice to retire to
a MinitUM ten (l0) day notice to retire by amending gubsectiofi
(a) of Section 91 of Chapter 2 to Lead as follows:
"AhyMefber in service may retire, upon Wtitten
application to the board, setting .forth at what
tithe hot less than thirty teh days nor fibre
than ninety days subsequetEto the eMedution
and filing thereof he desires to be retired;
provided, that at the time so specified for
his retirement he shall have attained the
minimum service retirement age for his group
and .classification, .ad provided under Section
2=88 (4) of this Code, and notwithstanding
the fact that during such period of notifica-
tion he may have separated from service. The.
above minimum notification period of, thirty
ten days shall not be applicable to any member
assigned to the custody. Unit of the police
department desiring to be retired upon trans-
fer of the functions of the such custody unit to
Metropolitan Dade County."
Section 2. The Miami City General Employees' Retirement
Plan (Ordinance No. 5624, May 2, 1956, as amended) as said Ordi-
nance, as amended, appears in codification form as a part ofChapter
2 of the Code of the City of Miami, Florida, 1957, as amended, is
(1)
hereby amended by reducing the minimum thirty day notice to retire
to a minimum ten day notice to retire by amending Subsection (1)
(a) of Section 109, Chapter 2, to read as follows:
"Any member in service may retire upon written
application to the board, setting forth at
what time, not less than thirty ten daysnor
more than ninety days subsequent to the exe-
cuting and filing thereof, he desires to be
retired, provided, that at the time so specified
for his retirementhe shall have attained the
minimum service retirement age for his group
and classification, as provided under Section
2-106(4) of this Code, and notwithstanding he
may have separated from service. The above
minimum notification period of thirty ten days
shall not be applicable to any member sa signed
to the custody unit of the police department
desiring to be retired upon transfer of the
functions of the such custody unit to Metro-
politan Dade County."
Section 3. A11 ordinances, code sectionsor parts there-
of in conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section
If any section, sentence, clause, phrase or
Woad Of thig Ofdinance is for any reasoh'held or dedlated to be
ufebhstittitlohal, ihope `atiVe. or Vold, sUdh holding or ihtalidity
shah not affedt the tetlainiht po 'tiohs of this Ordinance, and it
shah. be construed to have beenthe intent of the Coiiimissioh of
the City of Miami to, pass this. Ordinance, without:Stich UhiOhsti"
tutional, invalid, or inoperatit;e part the 'ein; and the remainder
ofthis Ordinance, after the exclusion of such part or parts shall
be deemed and held to be valid as if such parts had not been iti
chided therein.
Section 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety and property in the City
of Miami.
Section 6. The requirement of reading this Ordinance
on two separate days is hereby dispensed with by a vote of not
less than four -fifths of the members of the Commission.
AND ADOPTED thisdayof
PASSED � //4"1,
1974.
MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
f' I If .
RONALD A. SILVER, ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
\,-
•
JOHN S..LLOYD,,CITY ATTORNEY
Words stricken through shall be deleted., Underscored
words constitute the amendment proposed. Remaining
provisions are now in effect and remain unchanged,
MIAMI . fEv1 W
AND 8AILY NEe8f11
Patli,hei1 batty boot SrrtItrrfai, Suitrld). and
Cool fr#oti ado
Anent bode foul*, Ploridd.
§1*ft bs` tLbaibA
oUNIY or: bAbtr -.'
Beloit (he authority 1)()Abiaily a6.
baited McHha brobnie. Whi"uridBPetghea, t eh bath thy* that the
it the. V.P.; Legal Ads of the .Miami.Mictinr RevitW and
Daily Retard, a daily, (except. Saturday,' Sunday, and
Legal ..HotidayS), newspaper published at Miami 'In
Dade County, • Florida; that the attached copy of adver•
tisement, being a Legal Advertisement or Notice In
the rnattM Of
City of Riatif E1otida
te
bRIANANCt No: 0124
In the Court.
was published in Said newspaper In the issues tit
NoVetnbe ' 13 i 1974
Atfiant further says that the seid Miami Rovitr.
and Daily Record Is a newspaper published at Mtatni. -
In said Dade County, Florida. and that the said hews•
pallet has heretbfore been continuously pu':hshed In •
said bade County Florida. each day (except Saturday,
Sunday, and Legal Holidays) and has been eh:e!ed as
' second class Mail matter at the post office In Miami.
In said Dade County, Flori.la for a period of one year
next preceding the first publication of tt,e attached..
copy of advertisement:' and affiant further says that
she has neither paid nor promised any person, tiros •
or corporation any discount, rebate. commission of
refund for the purpose of securing this advertisoirten:
for publication in the said newspaper.
�[.'�.� .` •:L E „.. t...L
cd before me this
.13 ; h.d on .: Novem � �. kb.
f Florida at Large
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•ttvr'1 Ct:ittAtif -�St3$SI:t=
Tto�is ot^ t'iLt -° Mt%Ntt ; `.
Ct't'i: 3tF3tOYE: '" AEA.
1-1}-t :.I t SYSTEM (01,t
b1 A CE O. 0230.' bb'<
CF„ttl3t.:R,;, '6. ' 1939. AS
AM t:N nt:b i AND TH f .M r=
AMt Ct`['1' (.IF:SIERAL..RNt$
Pt.oYkES' ' Rt:TtRSNIS P
PLAN (ORDINANCE. 4O.,
362.1. MAY 2. 1958. AS
AMEN't)E() i AS • AhPt:lRi
INO . Coi)tF'tCA71f14t
FORM: AS .A PART OC"
CHAPTER 2_OP THE, cont
of 1-HE Ct't'Y OF' MIA31i. .
F'1.Oit)nA, t.ri;;.'AS AMT:Nr).
I•:n. MORE; PAItTIcULATILV
AMENDING SUBSECTIONS
2-91 ,tt) in)' AND 2-in9 ti)
tn) 'o SAtn CHAPTt It 2
Iry ItEbUCt\t; TitS ittYG,
Nttm 't`lltRTY (30) DAY
xoTiCE' To. RETtRt: TO
,\ dit\I�itlit.TEN do) t).\Y.
NOTICE TO fU TtttE:. RE,
PEALttf; ALL 'ORnt-
\.\LACES. CODE SECTIONS.
OR - PARTS '1'IUF RI'OF IN
Co1Ft.1cr, INSOFAR AS
TIIF:Y.:\RE IN CONFLICT:
COOT.\iNG A St:\`ERAI3Ii:+
iTV PROVISION: b1:Ct.AR-'
TIIIS r RUI:, ACE TO
itF:AN. EMEn ,F xcY Mt:A=
St:1)tSPES SENG. li'ITH
I'tit: RF:Q1r1Itt•:CIE\'I'-' OF
l:EADINO TIIE S:\SiF: 'ON
'1'\C(') sEPARATFE GAYS' BY
A V()TE OF ' NOT LESS
'i'fi.\N F'out'. F'II'1't1S : of
'►'IIE MF:JI13F:R1,4 OF -TIUE
CONIM ISSION.
tt•hieh I' 'L•sri ;uated Ordinance
No. 'Kul,
I1. It: sot_:TITER
(Try c'LEtI1C -
CITY OF
' Putd9rn!intt of this ri„'Ire nil'
th,• 13th c1 rtf tits'inbtt. 137L
11/ t:i M 11 -'?3
•
111 ineetestec Will tn1:e notiee Ehat bit the 1th
day OF t•Iovetttbet, 197c1 the Commission of the Cite or
`1orida adopEed an oi'c inanee enLit1ed
ANORDINANCL tMSt•;DING CERTAIN SUBSECTIONS
OF THE t•IIAMI . CITY EMPLOYEES' RETIREMENT
S�'STEM (ORDINANCE NO, 2230 b DECEMBER 6 ► .
1939, -.AS AMENDED) AND 'TILE MIA` -II CITY GENERAL
.EMPLOYEES RETIREMENT PLAN (ORDINANCE 1Z0,
5624,. NM 2, 1956, AS AMENDED) ; AS APPEARING'
IN CODIFICATION FORM AS A PART OW CHAPTER 2
OF THE CODE OF THE CITY OF MI MI, ' FLORIDA,
1957,' AS AMENDED, MORE PARTICULARLY 'AMENDING.
SUBSECTIONS 2-91 (1) (a) AND 2-109 (1) (a)
OF SAID CHAPTER . 2 BY REDUCING THE MINIMUM
TIIIRTY (30) DAY NOTICE TO RETIRE TO A MINI-
HUM TEN (10) DAY NOTICE TO ' RETIRE; ' REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS'TIHERE-
• OF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT;
CONTAINING A SEVERABILITY 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 FOUR-FIFTIHS. OF THE,ME?•1BERS or.
THE COMMISSION.
which is designated Ordinance No. 8324..
H.D. SOUTIEaN
CITY CLERK
CITY OF MIAMI , FLORIDA
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City MahaJer
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f City ALtothey
5, t t 4 t
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Mikt '. rLaili6A
tN r>✓: -c FFtc tvitMeAANfititil '74 OAT 1 AM 1 t 2
bate: October 1.7 = 1 74 ktt.s:
vuor—sr: Ordinanddheduci ig Mitiiltiii�it
bays &MiceMeeessary to
tetite from 30 days to i0
no tkeNet .Days
E;tCLOSUFtt b:
Ordinance
f
Tease fihd attached hereto an Ordinance reducing the Minimum
days notice necessary to retire from thirty (30) days to ten
(10) days. This Ordinance Amendment was requested by the Re-
tirement Board and has been approved by said Board
The Board has requested that you put this item on the neat
available Commission Agenda.
JSL:RAS:nla
Enclosure - Ordinance