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HomeMy WebLinkAboutO-08333g3 3 ORDINANCE Nos .AN ORDINANCE AMENDING SECTION 2-108(e) OP:THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM (ORDINANCE NOS 2230, DECEMRER 6► 1939, A5AMENDEb) ANb THE MIAMI CITY. GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2► 1956► AS AMENDED) AS P,PPEARING IN CObIFICA'I'ION FORM AS.A PART OP CHAPTER 2 OF THE CODE OF Tilt CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY. AMENDING SECTION 2-108.(e) OF SAIb CHAPTER 2, BY PROVIDING AN ADDITIONAL ONE-YEAR TERM TO TERMINATE'IN NOVEMBER, 1975 FOR THE MEMBER OF THE RETIREMENT PLAN ELECTED BY MEMBERS OF THE RETIRE MENT PLAN JOINED WITH MEMBERS OF THE RETIREMENT SYSTEM WHO ARE NEITHER POLICE NOR FIREMEN; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF 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 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 theyappear in said Chapter 2 of the Code of the City of Miami, Pitifida, 195/1 as amended: NOW, TRERE `ORE, BE IT ORbMINEb By "Tilt COMMISSIOM OF Tilt Oily Off' MIAMI , FI,ORIb t Section 1, The Miami City deneral Employees' 'Retire rent Plan (Ordinance NO, 5624) May 2, 1956, as amended), as said Ordinance, as _amended, appears iii codifiCatiot"1 fort as a part of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, is hereby amended by providing ah additional.` ones -year term terminating in November, 1975 for the members of the Retirement Plan elected by members of the, Retirement Plan joined with members of the Retirement System who are neither Police nor Firemen, to read as follows: 1/ "(e) 1. »One member of the retirement plan who shall be elected by members of the retirement plan joined with members of the retirement system who are neither police nor firemen; the present member so elected in November,,1970, for a term of one: year shall continue to serve until November, 1974,at which time an election for such member of the retirement board of the retirement plan will be held by members of the retirement plan joined with members of the retirement system who are neither police nor firemen for a term of two years with the next election thereafter being held in November, 1974, and during November of the even -numbered years,thereafter in accordance with such method of election as shall be prescribed by resolution of the city commission; Notwithstanding, anything to the contrary hereinbefore stated, the term of office of the said member elected in November, 1972 shall terminate in November, 1975; and Section 2. All Ordinances, code sections or parts 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, inoperative or void, such holding or in- validity shall fiot affect the 1etaihihq poftieths of this Ofdiftahee, afic1 it shad be dohttrued to hate been the ihteht of the CoftMiSSiOh of the City of MiaMi to pass this Ordinance without such Uhdeih� stittltiohal► ihValid, Or ihopetative part the eih; and the te.= tnaindet of this Otdlhande, after the exclusion of such part or patts shall be deemed and held to be valid as if such parts had not been included therein. Section 4. This Ordinance is heteby declared to be an emergency measure oh the ground of Urgent public need for the preserVation of peace, health, safety and property in the city of Miami. Section 5. 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. PASSED AND ADOPTED this 1974. ATTEST: CITY CLERK PREPARED AND APPROVED BY: RONALD A. SILVER ASSISTANT CITY ATTORNEY day of APPROVED AS TO FORM AND CORRECTNESS: JOHN S. LLOYD CITY ATTORNEY 1/. MAYOR Words stricken through shall be deleted, Underscored words constitute the amendment proposed, Remaining provisions are now in effect and remain unchanged. h✓' PAs : hla 11=1=74 oPDI►vANCE No, 3.. AN ORDINANCE AMENDING SECTION 2-10$ (d) OF THE MIAMI CITY EMPLOYt E5 RETIREMfi:NT. SYSTEM (ORDINANCE N0. 2230, DECEMEER 6, 1939, AS AMENDED) AND TtIE MtAni CITY GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE t10. 5624, MAY 2, 1956, A. AMENDED); AS APPEARING IN CODIFICATION PoRs•1 AS A PART OF CHAPTER 2 OF THE CODE OF TILE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE,PARTICULARLY AMENDING SECTION 2-108(e) OF SAID CHAPTER 2, BY PROVIDING AN ADDITIONAL ONE-YEAR TERM TO TERMINATE IN. NOVEMBER, 1975 FOR THE MEMBER OF THE RETIREMENT PLAN ELECTED BY MEMBERS OF THE RETIRE- MENT PLAN JOINED WITH MEMBERS OF THE RETIREMENT SYSTEM WHO ARE NEITHER POLICE NOR FIREMEN; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF 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 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, 195 t as atflE tided; NOW, tflEREVORti BE IT OROAINtb t# TII 9OMMISSIOtI bV tag CITY OP MIAMI, 'LORibA: Sodtion L: The Miami City Oetieral Employees` Retire== tent plan (Ordinance NNo. 5624, May 2, 1956, as atended) , art 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 providing an additional one-year term terminating in.November, 1975 for the members of the Retirement Plan elected by members of the Retirement Plan joined with members of the Retirement System who are neither Police nor Firemen, to readas follows: 1/ "(e) 1.:.One member of the retirement plan who. shall be elected by members of the retirement plan joined with members of the retirement system who are neither police nor firemen;, the present member so elected in November, 1970, for -a term of one year shall continue to serve until November, 1974, at which time an election for such member of the retirementboard of the retirement plan will be held by members of the retirement plan joined with members of the retirementsystem who are neither police nor firemen for a term of two years with the next election thereafter being held in November, 1974, and during November of the even -numbered years thereafter in accordance with such method of election as shall be prescribed by resolution of the city commission; Notwithstanding, anything to the contrary hereinbefore stated, the term of office of the said member elected in November,' 1972 shall terminate in November, 1975; and Section 2. All Ordinances, code sections. or parts 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, inoperative or void, such holding or in- validity shall. iiot affect the retathing pbttions of this Ofdi iahidep arid. it shall, be donstt,tted to ;have been the .intent of the of .the. City of Miatni to pass this ordinance vithop .such iihtcih stittttioti�tl r itit�alid j or ' inopet='ativc pate therein! and the t'e - mainder of this Ordinance., after the e.tclusion of stleh part or parts shall be'de,emed and held to be valid as if such parts had, not been included therein. Section 4. 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 5. 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. PASSED AND ADOPTED this day of #4°14 , 1974. H.D. SOUTHERN CITY CLERK MAURICE A FERRE MAYOR MIAMI REVIEW ANt) DAILY REcORb published batty exoebt Saturday, Sunday and Legal lolidays Illiami, bade County, llorida. stAlt OP PLORIDA COUNTY Off, DADE: Before the undersigned authority personally ap• .. peered Martha brobnle, who on oath says that the Is the V.P., . Legal Ads of the Mlaml Review and Daily Record, a daily (except Saturday, Sunday end Legal Holidays) newspaper, . published at Miami. In Dade County Florida; that the attached Copy of edver• tisement, being a Legal Advertisement or Notice In the matter of City af., Riaimi,..,,,Fln :ida Ret ADOPTION OF ORDINANCE NO. 8333 In the XXX Court was published In said newspaper In the Issues of November 12t 1974 Alfient 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 hes heretofore been continuously published In said yadand County, Holidays) anddhas(beenp entered Saturday. 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 affiant further says that she has neither paid norpromised any person, firm refundpfor the purpose discount, rebate. advertisemenr for publication In the said newspaper. 12th My fore me this 19..7.4... ride at Large. • 977. rit% t)P MtAMI4 it:%t)) t'ttt'i'1'i'i t'LOtt ' t.EttAt. it)ttt•i: ,= All Ihteterted trail, take notice that nn the 7th day' of Novem- het, 1974, the Cnmintoinn of the City. of MIAMI, -Florida adopted an utdinance entitled— .�,N ' oiir:,t�.ANC.E:' AMEND- 1Nt#rAON� CITY Or . THt; 1)LOYF:ES - RETIREMENT .SYSTEm (ORDINANCE, O. 2230, DECEMBEIt': G, 1939, AS AMENDED), ANt) THE: ,MIAMI CITY t;ENERAL • EMPLOYEES RETIREMENT PLAN IORDINA ` S 5624.' MAY 2,' 9 AMENDED): NtINr)i CODIFICATION IFT APPEAR- ING CH A1PTER 2 OF THE CODE '' (..ii 'r}IF CITY ,OF MIAMI. FLORIDA. 1957, AS AMEND; ED. MORE FARTICULARLY ';,IENDING:SECTION 2.10S u•, OF SAID'CHAPTER 2 ' t;y pRoVIDiNG AN ADDI- TIONAL (.NE -YEAR TERM TO . `rt:1 MIN ",TE IN NO- VEMBER: :,75 FOit THE, MEMBER OF 'THE RETIRE- MENT PLAT ELECTED ET MEMBERS OF ' THE ' ' )tET1ItEMENTPLANJO1NED tWITH�MEMBERS OF THE REIIRtMENT SYS- TEM " WHO ARE• NEITHEtt . POLICE NOR FIRE:4EN: REI'EAI.ING ' ALL ORM)I-' NA":CES. CODE SECTIONS OR • PARTS THEREOF, IN CONFLICT: INSOFAR AS THEY „ARE IN CONFLICT CONTAINING A SEVER ABILITY PROVISION: DE-', CLARING THIS ORl)t- N,1NCE ,TO BE AN EMEII- GENCY- ; MEASURE:: DIS- ,-PENSING WITH. THE' RE- QUIREMENT OF READING,, THE SAME' ` ON ' TWO SEPARATE DAYS BY-. A - : ' VOTF. OF NOT LESS THAN FOUR -FIFTHS' f1F THE'' MEMBERS OF THE COM 'MISSION. - vhlch is designated Ordinance,; No. S333. H. D. SOUTHERN CITY CLERK' - - CITY OF MIAMI. FLORIDA , First pubilcutian of this notice - (in the', 120h ,dl:y of November., 1972'' M UM:. 1 A ii; A L ti i 't d r, A11 itit;6. e �t.etc1 't4111 take tictide tlwt o t1i`" ith, day. of %idve4.1'it ► 19it, t11e Ccwvi1irsion cf t1t titcif fiafii, Vlotida acictpted an oLdin 1hcc, on4tled AN ORDINANCE AMENDING SECTIO:•I 2-108 (c) OF Titres M. AMI CI i Y EMPLOYEES RETIREMENT SYSTEM (ORDINANCE INNO, 223(4 DECEMBER 6, • 1939, AS AMENDED) AND THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN (ORDIivANCE NO, 5624, MAY 2, 1956,AS AMI;?if)ED) ; `P S APPEARING ING IN CODIFICATION. rom AS A PART OF CHAPTER. 2 OF THE CODL" OF TiIt: CITY O1 MI1\14I, rIhORIDA, 1957, AS i1I•iEL DED, MORE PARTICULARLY AMENDING SECTION 2-108 (e) OI' SAID CHAPTER 2, BY PROVIDING AN ADDITIONAL ONE-YEAR TERM TO TERMINATE IN NOVE BER,. 1975 FOR THE MEMBER OF,THE RETIREMENT PLAN ELECTED BY MEMBERS OF. Tim RETIRE- MENT -PLAN JOINED WITH MEMBERS OF -THE RETIREMENT SYSTEM WHO ARE NEITHER POLICE NOR FIREMEN; REPEALING ALL ` ORDINANCES , CODE SECTIONS OR PARTS THEREOF ' 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 • 13Y A VOTE. OF - NOT LESS THAN FOUR--FII'TIlS OF THE, r•1EMBERS. OF ,THE COMMISSION. which is designated Ordinance No. 8333. H.D. SOUTIIRN CITY CLERK, CITY OF I•tL &II , FLORIDA CrrY b` F.i'tA Iz PL6 i A l�i'f'c=c�l3riCL totatfMd 2M$ UM i'he Honorable Members of the rrity Commission i7oli. 11ioyd ,, cit .' ttorne b AY d: sumac R FFZR3ti:.C3: ENCL.bsU ES: toVomber 7, 1914 . €ii.t: Ordinance Providing NeW Termination Bate for Member Sleeted to . the Retirer?tent Board The amended Ordinance Will provide a termination date of November, 1978 instead of November, 1974, for the member of the Retirement Board elected by the members of the Retirement plan joined with members of the Retirement System, who are neither police nor firemen. The purpose of this amendment is to carry out the ob- jectives of the agreement entered into between the City of Miami and. the General Employees Association with regard to the election of members to the Retirement Board. The members of the General Employees Association are only a part of the members who partici- page in the election of the representative, whose termination date is being extended., I3owever, the agreements with the sanitation workers and American Federation of State and Municipal Employees (AESME) contain the same exact language with regard to this item as contained in the General Employees Association agreement. Although the AiSME agreement has not been finalized, this item is not one of the items that is being disputed. JSL:RAS:rh Atttiatitt it it; tihdetstbOu hetkleett the . .ttie; 'dull it th the tiidb1 y B the 'City �1a ti ttii that aid tit►mfal act arias eva ittatioii tepott; lit §Ubthittoel tci fire City ttiffiz fttisSiati i5iicsr to die.tity #Utiget being adopted. tie ns `The election procedure for selecting members it.) the 1.tetiretnebt Board hall be silt:Matx to the procedure used for the selection of r,r,err,bers to the Civil ": J Service lioarcl, and the term of office shall be for two years. The two t) inciitnbt t men ber s, Mr. R. Tatars and Mr. Walter. }-Tagan, � 'Will come tip for rexxelection on Not -ember, 1975. The two (2) new members will be elected on Igo; ernber, 1914. 10. Retirement Board Minutes` It shall be the policy of the City of Miami that the minutes of the Retiree- ment Board should includ e a more complete and comprehensive account of the discussions and actions taken by the Retirement Board. 11. Codification Due to the fact that the present body of law. provided for the Retirement System and Plan and forthe administration of the System and Plan have'. been four by the City Commission Select Pension Committee to be cumbersome, contra- dictory and in many instances ambiguous, it is agreed by the parties that new ndments to the ordinances .be written simplifying the System and Plan and ame the administration thereof, eliminating duplications' and ambiguities and incor- in all the original amendments to the original ordinances as may now be porat g appr opriate. It is further agreed that any amendments be p'::alished in a loose-leaf that ertnanent binders be specified for the L:pcated amendment, and form andP that1 subsequent amendments be published in a form which can be inserted into.... the_ loose-leaf binders.